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By owning or operating an account with Webpier, which owns and operates the domain Webpier.com, the User hereby agrees to the following:
Guarantee
All hosting accounts have a full money back guarantee, upon cancellation within 14 days of payment, if the account holder is not satisfied for any reason. The amount refunded will be the dollar amount paid to Webpier, by the account holder, less the bandwidth used by that account for the first 14 days of service. Domain registration fees are not refundable. If we register a domain name, on your behalf, as part of a free registration promotion - you must keep your domain name under the domain name registration service specified for the domain we created for you. Cancellation or termination of your account will void the promotion offer and you will be charged $20 for your domain name registration.
You may cancel your hosting account at anytime. Refunds for accounts cancelled after the first 14 days will be granted less the dollar amount for 1/12 the annual hosting account price, times the number of full and partial months the account was active. Any bandwidth overage will be deducted before refund is granted. In other words, Webpier will refund you ONLY for the full months that you have not used.
Webpier will make every reasonable attempt to avoid unexpected server downtime and to ensure that all accounts are well taken care of. We cannot guarantee or predict server downtime. Any network problem, or outage, is not covered under any guarantee or warranty and will not be grounds for reimbursement for any subsequent financial damages or losses. All account data backups are the account holder's responsibility. Webpier is NOT responsible for your data backup or subsequent loss.
Terms
- In consideration for hosting services to be delivered, User agrees to be bound to the following terms:
- User agrees to pay for hosting services rendered in advance of each monthly service term.
- User agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
- User agrees to a no-refund policy in advance. Setup fees and monthly service fees are non-refundable unless stated otherwise.
- Hosting charges may be incurred immediately at signup. Accounts will be created within 48 hours time.
- Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 days of notice. Users failing to secure payment within 5 days of notice will have their accounts suspended and a $20 reactivation fee will be charged if the User wishes to have his account unsuspended with files intact. Users who have had their accounts suspended due to failing to secure the payments within 5 days of notice will have their accounts kept on the Webpier server for an additional 3 days, wherein Webpier reserves the right to delete the account and its files.
- Webpier is not responsible for data integrity on equipment reclaimed for non-payment.
- User agrees to adhere to the Webpier Acceptable Use Policy which can be found online at http://www.webpier.com/aup.html.
- User agrees not to engage in activity that violates federal (United States), state (Texas) or local (Dallas County) laws applicable to the service terms described herein.
- Webpier reserves the right to discontinue service to any subscriber for whichever reasons we deem valid.
- User agrees to indemnify and hold harmless Webpier and the employees and agents of Webpier against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or User's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
- WEBPIER SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE WEBPIER’S SERVICES AND PRODUCTS BY USER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS WEBPIER PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED WEBPIER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SUBSCRIBER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND WEBPIER SHALL HAVE NO LIABILITY THEREFORE.
- Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
- Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and sent to the fax number or email, to the fax number or email address of User as set forth in the Service Descriptions or Webpier as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if by fax or email address, by the day a confirmation is sent.
Fax Number: (510) 490-6892
Email address: legal@webpier.com
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
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