Renewal
In order to ensure uninterrupted service to your website, the
service contract will automatically renew unless canceled by the
site owner. WgraFix, requests that cancellation requests be made
via phone or email at least 2 weeks prior to the date of renewal.
WgraFix, will acknowledge the cancellation notice within 24 hours
of receipt. Your satisfaction is important to us and WgraFix will
honor all requests promptly. If you do not receive acknowledgment,
please contact a representative as soon as possible.
Refunds
WgraFix web hosting services carry an unconditional 30 day satisfaction
guarantee. If you are dissatisfied for any reason within the first
30 days of service, please contact us by phone or email for a
full and immediate refund. If you wish to retain your domain name,
the cost of your domain name will be deducted from your refund.
Acceptable Use Policy
WgraFix, reserves the right to refuse service to any site at
our sole discretion. Although we do not believe in censorship,
WgraFix does not allow the following types of sites:
- Websites containing explicit pornographic material Racist
or hate-related websites:
- These sites, including but not limited to any copyrighted
software or music files
- Sites which provide methods for circumventing copy protection
("cracks", key codes, serial numbers, decoder chips,
etc...) are also not permitted. Any content which is not legal
in the United States
- Unsolicited Email (Spam) and Bulk Email
- WgraFix will not host websites which are advertised through
unsolicited email, excessive newsgroup crossposting, or off-topic
newsgroup posts. What is considered spam is determined at the
sole discretion of WgraFix. We will make every effort to work
with our customers to insure that legitimate websites are not
shut down due to what may be wrongly interpreted as unsolicited
mail. Although we are first and foremost an advocate of our
customers, sites in flagrant violation of this policy will be
shutdown without a refund of any kind. In addition, to protect
the quality of service for all of our customers, any bulk emailing
that adversely affects the performance of our shared mail servers
will be either discontinued or moved, pending customer approval,
to one of our list server or dedicated server plans.
Bandwidth and Overages
Each hosting plan is allocated a specific amount of network and
system resources which is clearly specified on the WgraFix Hosting
website. We realize that from time to time, customers may have
unanticipated circumstances which cause their websites to use
more bandwidth, disk space, or other resources than they have
been allocated with their plan. In extreme cases, such overages
may result in additional charges or the request to upgrade your
service to a more suitable plan. WgraFix, will make every effort
to contact you to prevent any unexpected charges or service interruptions.
If the resources required by your website negatively impact other
customers in our shared hosting environment, we may take steps,
including possible temporary suspension of service, to restore
normal server operations. Under all circumstances, suspension
of service is an absolute last resort and we will make every effort
to work with our customers to insure continuous and trouble-free
service.
Limitations of Liability and Indemnification
Although there are limitations to the guarantees we can provide,
your satisfaction is very important to us. We strive towards providing
100% customer satisfaction in all our service offerings.
Limited Warranties
No Other Warranty
WGRAFIX, DOES NOT MONITOR OR EXERCISE CONTROL OVER THE CONTENT
OF THE INFORMATION TRANSMITTED THROUGH ITS FACILITIES. USE OF
THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM
IS AT CUSTOMER'S OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS
IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN
RISK. EXCEPT AS PROVIDED IN THE ORDER FORM(S), WGRAFIX DOES NOT
MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND
ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE
PRACTICE. WGRAFIX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED,
ERROR-FREE, OR COMPLETELY SECURE.
Disclaimer of Actions Caused by and/or Under the Control of Third
Parties
WGRAFIX, DOES NOT AND CANNOT CONTROL THE FLOW OF INFORMATION
TO OR FROM WGRAFIX NETWORK AND OTHER PORTIONS OF THE INTERNET.
SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET
SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS
OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S
CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). WGRAFIX CANNOT
GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY WGRAFIX
DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH
EVENTS.
Delays and Interruptions
WGRAFIX, SHALL NOT BE LIABLE FOR ANY LOSS OF DATA RESULTING FROM
DELAYS, CORRUPTION OF DATA, NONDELIVERIES, MISDELIVERIES OR SERVICE
INTERRUPTIONS. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION,
USE AND SUITABILITY OF THE SERVICES, AND WGRAFIX, SHALL HAVE NO
LIABILITY THEREFOR. EXCEPT TO THE EXTENT OF WGRAFIX GROSS NEGLIGENCE
OR WILLFUL MISCONDUCT, NEITHER WGRAFIX, NOR ITS NETWORK SERVICES
SUPPLIER WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO WGRAFIX'S OR
CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR
UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF
CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH
ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS
OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF WGRAFIX'S OR ITS
NETWORK SERVICE SUPPLIER'S NEGLIGENCE.
Indemnification
Each party agrees to indemnify and hold the other harmless against
any losses, costs, expenses (including, but not limited to, reasonable
attorneys' fees), claims, damages, liabilities, penalties, actions,
proceedings or judgments (collectively, "Losses") resulting
from any claim, suit, action, or proceeding brought by any third
party against the other or its affiliates related to or arising
out of (i) any infringement or misappropriation or alleged infringement
or misappropriation of any United States copyright, trade secret,
patent, trademark, or other proprietary right related to any hardware
or software utilized in connection with any of the Services (but
excluding any infringement contributorily caused by the other
party), and (ii) any violation of or failure to comply with the
Rules or Regulations. Customer further agrees to indemnify WgraFix,
and its affiliates against any Losses which arise out of, or relate
to any content provided by Customer or the customers/clients of
Customer, and Customer will reimburse WgraFix, and its affiliates
for all legal expenses, including reasonable attorneys' fees,
incurred by WgraFix, and its affiliates in connection with any
such Losses.
Consequential Damages
EXCEPT FOR THE PARTIES' INDEMNITY OBLIGATIONS, IN NO EVENT WILL
EITHER PARTY BE LIABLE OR RESPONSIBLE TO THE OTHER FOR ANY TYPE
OF INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING,
BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS,
LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION
OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY
OR OTHERWISE.
ARBITRATION AND EQUITABLE RELIEF
All Parties agree that any dispute or controversy arising out
of or relating to any interpretation, construction, performance
or breach of these Terms and Conditions, shall be settled by arbitration
to be held in Union County, North Carolina, in accordance with
the rules then in effect of the American Arbitration Association.
The arbitrator may grant injunctions or other relief in such dispute
or controversy. The decision of the arbitrator shall be final,
conclusive and binding on the parties to the arbitration. Judgment
may be entered on the arbitrator's decision in any court of competent
jurisdiction. Each party shall each pay one-half of the costs
and expenses of such arbitration, and each shall separately pay
its respective counsel fees and expenses.
Governing Law
State law issues concerning construction, interpretation and
performance of this Agreement shall be governed by the substantive
law of the State of North Carolina, excluding its choice of law
rules. The United Nations Convention on Contracts for International
Sale of Goods shall not apply.
Questions
Please contact us with any questions regarding the WgraFix Hosting
terms of service by calling 1-704-624-9170 or email lory@parkerwebgrafix.com.
Please print this document and review before agreeing to any Hosting
Plans.
