HOSTING AGREEMENT Allweb Solution Revision date: Jamuary 3, 2018
Allweb Solution (“SemuaWeb”) values you as a customer. In order to ensure you receive the best level of Service, please read this Hosting Agreement—which incorporates and includes the following:
We want to make sure you understand what you can and cannot do, what to expect from Semuaweb’s Services, and your privacy rights. These policies and terms of Service are an agreement that governs your purchase and use, in any manner, of all Services ordered by you and provided by Semuaweb. By virtue of ordering and using Semuaweb’s Services, you necessarily agree to be bound by the terms and conditions contained herein.
As used in this Hosting Agreement (hereinafter “Agreement”), “Semuaweb,” “us,” “we,” “our,” and grammatical variants thereof meansAllweb Solution “Customer,” “you,” “your,” and grammatical variants thereof refers to you. This Agreement sets forth the general terms and conditions of your use of Semuaweb.com website and/or the products and services made available by Semuaweb (“Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. Semuaweb reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing and future customers. Semuaweb may make changes or modifications to referenced policies, fees, and guidelines without notice to you. Your continued use of the Services following any changes or modifications will constitute your acceptance of such changes or modifications. You agree to receive any updates to the terms in this Agreement by accessing our website.
A) This Agreement is effective as of the date you order Semuaweb’s Services and shall continue for an initial term of one month and shall be automatically renewed each month for additional one month billing terms unless and until sooner terminated pursuant to the provisions of this Agreement.
B) Either Semuaweb or Customer may terminate this Agreement at any time for any reason upon providing a thirty (30) day advance notice in writing.
C) Upon termination of this Agreement, Customer must fully pay Semuaweb for all Services partially or fully provided to Customer by Semuaweb prior to termination. If credits remain in Customer’s account, they will be returned to Customer after deducting a twenty-five dollar ($15.00) administration fee, as reflected in Semuaweb’s Fee Schedule.
D) Notwithstanding the provisions of this Article, Semuaweb reserves the right to immediately terminate this Agreement by and between any Customer believed to conduct, participate in, allow, or facilitate any prohibited activity as described in Semuaweb’s Acceptable Usage Policy.
A) Service(s) Provided: Semuaweb will provide Customer with the Service(s) ordered, as they are described on our website, billing system, or in a custom quote. Customer understands and agrees that Semuaweb will host and create the Services solely in accordance with the information provided by Customer. Customer’s agrees to use Semuaweb’s Services in accordance this Agreement, including Semuaweb’s Acceptable Usage Policy.
B) Customer Support: Semuaweb, either directly or through its assignee or licensee, will provide support to Customer relating to Semuaweb Services. Any support which Semuaweb may provide to you shall be at Semuaweb’s sole discretion and once commenced, may be terminated at any time by Semuaweb without notice to you and without any liability to Semuaweb. Semuaweb will provide reasonable technical support via their ticket system to Customer during Semuaweb’s normal technical support hours. Notwithstanding any discretionary provision of customer support, Semuaweb has no contractual obligation beyond maintaining basic server function. Semuaweb will keep Customer’s Service up and functional, and will address Customer support tickets within a reasonable response time.
C) Bandwidth Overage: Going over your allocated bandwidth will result in a Service suspension. Customer is responsible for their Service(s), so please ensure that you secure your passwords and server correctly to avoid any overages. Bandwidth either resets on the first day of the month or at the recurring payment date of your Service, depending on the specific Service. Customer’s Service will automatically unsuspend/re-activate once the bandwidth usage is reset for the month. In order to re-instate Service before bandwidth usage is reset, Customer must purchase additional bandwidth by creating a Service ticket. Additional bandwidth is a recurring Service, and Customer will be invoiced accordingly. If Customer does not want this Service on a recurring basis, it is Customer’s responsibility to cancel the additional bandwidth in a timely manner.
D) IP Change/Blacklist: In the event that you receive an IP address that is on a blacklist, you have up to 24 hours from your order date to report it to Semuaweb for a change. Any other IP changes after this initial 24 hour period will result in an IP change fee, as stated in our Fee Schedule. Please keep in mind that Semuaweb reserves the right to charge a $25 fee if your Service(s) is cancelled/suspended and Semuaweb has a reason to believe that you caused the IP address to go on a blacklist due to e-mail spam.
E) Abuse Policy: Customer acknowledges that any prohibited activity as described in Semuaweb’s Acceptable Usage Policy may result in immediate cancellation/termination without refund or notice. However, at our discretion, we will generally follow the guidelines below:
First offense: Customer contacted; abuse report sent — response required within 24 hours or suspension; Second offense: Customer’s Service suspended; Customer must contact Semuaweb to appeal abuse report; Third offense: Customer account closed — all Services will be suspended and terminated.
F) Affiliate Program: Customers who promote Semuaweb’s Services can request to join our “Affiliate Program,” in which qualifying Customers are remitted a portion of the revenue resulting from their promotion of Semuaweb. The current default payout rate is 10% with a minimum payout of $10.00 and payments made periodically via PayPal upon withdrawal request by Customer. Semuaweb must verify to its satisfaction that Customer legitimately promoted Semuaweb’s Services. Semuaweb has a strict no-spam policy, Customers who use mass mail or spam to disseminate a Semuaweb referral link will be subject to Suspension and/or Termination and forfeit any claim to remittances in connection with the Affiliate Program.
G) Free Offers: Any Services offered for free as part of another plan are intended for use for that Customer’s plan only. Customers who resell/transfer such free Services to others are in violation of this Agreement, and Semuaweb reserves the right to cancel the free offer.
A) Agreement to pay: As consideration for Semuaweb’s Services, Customer agrees to be charged upon request and/or use of any Semuaweb Service(s), including any fees assessed in connection therewith. Customer agrees to pay Semuaweb the aggregate fees, whether one-time or periodic, in whole, when due, based on the provided Services and terms selected, according to the terms provided herein. Services are provided as they are described and at the price advertised (in US Dollars) on Semuaweb’s website. Semuaweb reserves the right to demand payment in full when due, and does not waive that right in the event of any discretionary deferment.
B) Fee Schedule: Semuaweb’s Fee Schedule reflects the current charges for Services performed outside of regular support boundaries. Customer agrees to be charged and to pay for any fees assessed by Semuaweb in accordance with this Agreement. Semuaweb reserves the right to modify the posted fees at any time, active upon posting, without direct notice to the Customer, who agrees to receive any updates to our Fee Schedule by accessing this Agreement on our website. Customer must upgrade to a regular, non-discounted plan to be able to use any additional Services. If Customer’s plan was purchased at a promotional or discounted price, that discount is voided if any of the fees in the Fee Schedule are requested or assessed.
D) Authorization and Cancellation: By making a payment, Customer agrees that all charges, as well as future charges, are authorized. Customer has thirty (30) days to dispute any aspect of Semuaweb’s billing. In the event that a payment is disputed, Semuaweb may suspend or terminate Service(s) or the Customer’s account, and Customer is responsible for covering any losses, in addition to any fees such as charge-back fees, as well as attorneys’ fees.
E) Recurring Payments: If Customer signs up for a Service involving recurring payments, Customer is responsible for cancelling Service(s) seven (7) days before the end of the billing term, otherwise an invoice for the next billing term will be generated and due. Semuaweb automatically captures payments three (3) days before the end of the billing term, but reserves the right to do so as soon as seven (7) days before the end of the billing term. Customer permits Semuaweb to reattempt to capture payment if the first capture attempt fails. Any late captured payments will not prevent Service termination and you must contact Semuaweb to have your Services manually re-activated or receive store credit. Semuaweb will not honor any refunds as a result of Customer’s failure, mistake, disregard, or neglect to cancel their subscription in a timely manner. Thus, it is Customer’s responsibility to send in a cancellation request in a timely manner through Semuaweb’s automated system by clicking the “cancel” button and completing cancellation. “Cancellation” means that the Service will be fully terminated at the end of the term, and no invoice will be generated for the next term; therefore, please do not request a cancellation in attempt to disable recurring billing. Please also keep in mind that Semuaweb’s automated system is not capable of doing refunds for BitCoin or other Cryptocurrency payments in any situation, and Customers who use BitCoin or other Cryptocurrency forfeit any refund claim granted in these terms or otherwise.
F) PayPal Subscriptions: For recurring PayPal payments, Customer bears the responsibility to cancel the subscription from PayPal, if necessary. Any PayPal subscriptions that are not cancelled, even if Customer’s Service is cancelled by Semuaweb, will result in the funds being deposited into Customer’s Semuaweb account, and subject to Semuaweb’s strict deposit terms in this Article—no refunds.
G) Administration Fee: Customer agrees to pay a twenty-five dollar ($25.00) Administration Fee, which will be charged to Customer’s account in the event of the following situations, also reflected in our Fee Schedule:
i. Any returned payment and/or collections efforts; ii. Any withdrawal of Customer credits; iii. Any disputes/holds/chargebacks on payment; iv. Any suspension or termination due to prohibited account behavior; v. Any suspension that necessitates manual processing outside our automated system; vi. Any custom billing administration outside of current Semuaweb policies; vii. Any blacklisting caused per IP address;
H) Suspension and Termination: “Suspension” means Customer cannot use their Service(s), which can be automatically resumed after payment is made. “Termination” means Customer’s Service(s) and associated data are lost forever, with outstanding balance still due. Semuaweb is not responsible for data loss due to Termination. In the event that Customer does not request to cancel their Services and an invoice is generated, but not paid, it will remain as an invoice and must be paid, even after Termination for failure to pay. This invoice must be paid before Customer can successfully make a new order in the future. Customer may pay the invoice at any time by contacting customer support. Customer is required to pay off any invoices generated. Semuaweb is not required to remove already-generated invoices for existing Services, as Semuaweb has made the cancellation policy very clear.
I) Invoices: Customer agrees to be charged and make payment immediately when a new invoice is generated. Invoices are generated as soon as a new Service is ordered and automatically seven (7) days before the next billing term for existing Services. If Customer orders a new Service and decides to cancel the order once an invoice is already generated but before payment, Semuaweb will automatically remove the invoice periodically. However, if Customer makes an error and wants to create a new order immediately, Semuaweb can clear the erroneous invoice and replace it according to Customer’s request. For existing Services, once an invoice is generated, Customer is required to make the payment before the due date. Semuaweb suspends your Service one (1) day after the due date, and terminates Customer’s Service completely after six (6) days of being overdue.
J) Refund Policy: Semuaweb will offer a full refund for any Services requested to be discontinued within 7 days of purchase; however, exclusions apply as follows:
This guaranteed refund only applies to the first refund for the first and single payment on a single Service that the Customer requests, limited per client, per household. This guaranteed refund does not include any “One-time Setup Fees” or “Monthly Additions” ordered. Afterward, Semuaweb will handle refund requests on a case-by-case basis at our sole discretion; Certain Services and fees are non-refundable. These include any domain name purchases, special/custom purchases, dedicated servers, domain registrations, administrative fees, and software licensing fees; Setup fees are non-refundable; and No refunds are given in cases of abuse, suspension, or closure of account.
Generally, this means Semuaweb will give Customers a 100% refund for any other VPS plan for which Customer requests a cancellation and refund within 7 days of purchase. In the event of qualifying down-time, Customer’s account will be credited in accordance with this Agreement and Semuaweb’s Service Level Agreement. If Customer forgets to cancel a recurring payment and does not wish to keep the Service(s), Semuaweb reserves the discretion to offer store credit upon contact within 24 hours. If Customer downgrades Services, Customer will receive a prorated credit added to next term’s invoice: not a refund. All payments made through our deposit system are non-refundable. Semuaweb retains the sole discretion to make refunds without waiving the provisions herein. If a refund is made, or any store credits are withdrawn, Customer will be charged, and agrees to pay, a $25 administration fee per payment for Semuaweb’s manual payment processing.
K) Collection Efforts: You shall pay all costs of collection, including reasonable attorney’s fees and costs, in the event any invoice requires collection efforts. All accounts referred to a collection agency shall be subject to an additional fee of $25.00, which must be paid in full before the account is reactivated.
L) Currency Fluctuations: International Customers bear the risk of currency fluctuations and any fees or taxes associated with the conversion of foreign currencies into United States Dollars. Semuaweb reserves the right to withhold Service to international Customers until we are able to receive satisfactory confirmation from such Customer’s payment account provider, in our sole discretion, that the funds will be available for debit from the international Customer’s account. Semuaweb reserves the right to refuse to provide Service to Customers whose country provided in the contact information does not match that on file for the billing information.
A) Warranty Disclaimer: Except as expressly provided in this Agreement, Semuaweb’s Services are provided on an “as is,” and “as available” basis. Semuaweb expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and/or fitness for a particular purpose.
B) Indemnification: Customer shall indemnify Semuaweb, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys’ fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Agreement. You further agree to defend, indemnify and hold harmless Semuaweb, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that Semuaweb shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense. All Services provided by Semuaweb to a Customer will be deemed accepted when delivered. In addition, Semuaweb expects Customers to abide by the policies enclosed in this Agreement and U.S. laws as well as any laws within the country in which Customer resides that do not conflict with U.S. laws. Basically, Customer assumes all responsibility for their activities, and if such activities result in any loss of money to Semuaweb or third parties, Customer is responsible for rectifying the situation financially.
C) Contractor Relationship: Semuaweb and Customer are independent contractors and nothing contained in this Agreement expressly or impliedly represents Semuaweb and Customer as having the relationship of principal-agent, partners, or joint-venturers. Neither Customer nor Semuaweb has or may represent itself as having, any authority to make contracts in the name of the other party or bind the other party in any manner whatsoever.
D) Applicable Law: This Agreement is made under and shall be governed by the laws of the State of Oklahoma, except with regard to any conflict of law rules. This Agreement and Semuaweb’s policies are subject to change by Semuaweb without notice. Continued usage of the Services after a change to this Agreement by Semuaweb or after a new policy is implemented and posted on the Semuaweb Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Semuaweb Site for any changes or additions.
E) Arbitration: All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Oklahoma or another location mutually agreeable to the parties. Such arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Intellectual property and contract law and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
F) Limitation of Liability: Semuaweb’s liability in connection with this Agreement or Services provided shall not exceed the amount paid by customer to Semuaweb during the three (3) month period before the claim arose. Semuaweb shall not be liable for (a) any loss of use, loss of data, or interruption of business or (b) any indirect, special, incidental, consequential, unforeseeable, or punitive damages of any kind (including, without limitation, lost profits), regardless of the form or action, whether in contract, tort (including negligence), strict liability, or otherwise, even if Semuaweb has been advised of the possibility of such damages. Customer acknowledges that these limitations are an essential element of this Agreement, and absent such limitations, Semuaweb would not enter into this Agreement to provide Services.
G) Severability: The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
I) Assignment: This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Customer, but may be so transferred, assigned or delegated by Semuaweb.
A) Uptime Guarantee: Semuaweb offers a Service uptime guarantee to its Customers. In the event of qualifying Service Downtime, Customer’s account will be credited in accordance with Semuaweb’s Service Level Agreement, as expressed herein. In the event of a dispute regarding downtime, it is Customer’s duty to demonstrate to Semuaweb’s satisfaction, in Semuaweb’s sole discretion, that the provisions of this guarantee have been broken. Customer acknowledges and agrees that slow network speed is not equivalent to downtime and is not subject to the Semuaweb Service Level Agreement. Customer agrees that the Service Level Agreement does not apply to certain exemptions, as expressed herein.
B) Downtime Credits: You may contact Semuaweb and request a credit for “Downtime” in accordance with the following parameters:
Uptime Guarantee is triggered once Customer has experienced at least ten (10) minutes of Service downtime. Only downtime experienced in the continuous period thereafter will become creditable as “Downtime,” as defined and measured in this Agreement; Once the Uptime Guarantee is triggered, Customer’s Downtime will be measured in weeks, to be rounded up to the nearest whole number.
Customer’s account will be credited for qualifying Downtime, such credit to be put towards the purchase of future Semuaweb Services. Credits cannot be redeemed for cash, and are exclusive of any applicable taxes. Service Level Agreement, and any transactions connected therewith, are subject to Semuaweb’s Billing & Fees policies.
C) Exemptions: The Downtime Guarantee does not apply to Service interruptions caused by (i) periodic scheduled maintenance or repairs undertaken by Semuaweb from time to time; (ii) downtime caused by Customer; (iii) Suspension Termination of your Services due to legal action taken or threatened against you; (v) Suspension or Termination of your account due violations of this Agreement, as determined in Semuaweb’s sole discretion, including but not limited to excessive use of system resources, nonpayment or other billing issues, or identification of your content as fraudulent, prohibited, or otherwise in violation of this Agreement; (vi) downtime caused by issues in third party services, and external from Semuaweb’s datacenter(s), or (vii) causes beyond the control of Semuaweb or that are not reasonably foreseeable.
D) Interruption of Service: Customer hereby acknowledges and agrees that Semuaweb will not be liable for any actual or economic damages resulting, directly or indirectly, from temporary delay, outages or interruptions of Service(s). Semuaweb is not responsible for any damages, including but not limited to, any loss of revenue due to Service disruptions, data breaches, or data loss. Customer understands that Semuaweb cannot be held liable for any damages, to Customers or third parties, resulting from the use of Semuaweb’s Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein.