Web Editors agrees to furnish services to the "Subscriber," subject to the following Dedicated Servers Terms of Service (DSTOS).
Use of Web Editors Services constitutes acceptance and agreement to both Web Editors's
Dedicated Server Terms of Service (DSTOS)
and Web Editors's
AUP (Acceptable Use Policy)
. The DSTOS and AUP may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the DSTOS and / or the AUP by Web Editors shall not be grounds for early contract termination or non-payment by the Subscriber.
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Adherence to Acceptable Use Policy (AUP)
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- Subscriber agrees not to allow Web Editors equipment and services to be used for activities specifically prohibited by the Web Editors
Acceptable Use Policy (AUP)
. It is the Subscriber's responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Subscriber's responsibility to regularly check for updates. Subscribers must not allow Web Editors resources to be used for SPAM or Unsolicited Commercial Email (UCE), hosting of content advertised by UCE, perpetration of security breaches or hacking, network attacks, illegal activities, child pornography, fraudulent activity, Trademark or Copyright infringement, virus distribution, and like activities.
- Subscriber agrees to compensate Web Editors for any expenses Web Editors may incur resulting from Subscriber's violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution. The cost of any investigations will be charged to the Customer at $99 per hour during normal business hours. Emergency investigations are charged double-time at $198 / hour with a one hour minimum.
- Subscriber is responsible for any activity conducted on their server, including unauthorized activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. Web Editors will endeavor to assist Subscriber but Web Editors is not responsible for protecting Subscribers from hackers and their actions and use of Subscriber's server.
- Web Editors does not monitor Subscriber content and activities but reserves the right to disable service or remove content pending investigation of possible AUP violations without first giving notice.
- Web Editors does not issue refunds for terminating service due to suspected AUP violations.
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Term
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Ongoing until thirty days written notice is given by either of the parties.
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Service Cancellation
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- Web Editors does not issue refunds except for balances on quarterly and annual payments as specified below.
- Service may be cancelled with 30 days notice by email to
billing@webeditors.com
. Requests must contain "Web Editors Billing" in the subject and the billing contact information must be in the email on record with Web Editors, and please include the Web Editors customer name and server IP address. A follow up call will be provided to provide other identity information.
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Fees
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- Web Editors does not extend credit to Subscribers. All services must be paid for in advance of service delivery. Subscribers will automatically be charged an amount equal to their next monthly service fees when they exceed their monthly transfer allotments, bandwidth commitments, or other pre-paid services and the charges will be reconciled at the end of the month.
- Monthly fees and charges for extra metered services are automatically billed to your account on the 1st of every month. Subscriber is responsible for monitoring transfer, bandwidth utilization, and other metered services.
- In order to prevent service interruption in the event that metered utilization exceeds pre-paid service level Subscribers must keep a valid credit card on file with Web Editors. Credit card information can be updated by visiting https://webeditors.ispadmin.com.
- Customers paying by credit card are charged the first business day prior to their account due date, allowing a minimum grace period of 48 hours after the first charge attempt before their service is interrupted. Charge attempts are made once per day. If a charge attempt is denied, there will be a $9.99 declined credit card fee for each unsuccessful attempt. It is the responsibility of the customer to maintain current billing information to prevent these fees. If a successful charge cannot be made upon final notice, service will be terminated pending customer response. Customers may reactivate their accounts within 3 business days after termination for a $49.99 fee.
- All invoices are due upon receipt and will be considered overdue on the 5th of every month. A late fee of 10% per month will be charged on any overdue invoices.
- All fees described above must be paid in addition to the cost of services ordered to establish or maintain a customer account. Web Editors does not issue refunds or credits except as explicitly specified within the Terms of Service.
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Ownership of Data, Software, Hardware and IP addresses
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All software, hardware and IP addresses provided by Web Editors are leased to the Subscriber and remain the property of Web Editors. Web Editors reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion. Subscriber will provide and transmit to the system software, data and content to be uploaded to the servers and accessed by the general public via the Internet. Upon termination of this agreement, Subscriber agrees to remove all uploaded software, data and content prior to the termination date of the contract. Web Editors will not be responsible for providing access or copies of the software, data or content stored on the system after the final termination date.
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Service Levels
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- Web Editors may interrupt service to perform maintenance. Web Editors will use its best efforts to inform Subscriber before interrupting service to insure that access loss is minimized. In the event of equipment malfunction or failure, Web Editors will provide its best efforts to repair the system as quickly as possible.
- Subscriber is responsible for maintaining security patches and performing back-ups unless those services are specifically contracted to Web Editors. In the event that Web Editors suspects that server security has been breached, Web Editors reserves the right to disable the server in order to facilitate investigation and recovery in coordination with Subscriber.
- Subscriber agrees that Web Editors shall not be responsible for any service interruptions.
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Uptime Guarantee:
We will thrive to provide web services at all time, and will reduce reboots and downtime as much as possible. We are currently well beyond our guarantee, providing a historical server uptime of nearly 99.999%!
This 99% uptime guarantee applies to any Web Editors client in good financial standing with Web Editors at the time of a service outage.
We guarantee a 10% discount off the time while we did not provide a 99% uptime. That means your site can not be down more than 7 hours and 29 minuites a month! In other words clients who noticed server uptime less then 99% in a month, at the end of the following month he/she will receive a 10% discount.
Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at Web Editors, (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond Web Editors' reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in Web Editors' "terms of conditions and acceptable use policy" causing a machine to fail as a result. (5). Web Editors is not responsible for outages elsewhere on the Internet that hinder access to your account.
Web Editors can only guarantee what it can control. Dedicated server clients with root access will only be credited for downtime as a result of local network or server hardware problems. Colocated server clients will only be credited for downtime as a result of local network problems.
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Miscellaneous
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- The parties agree that any and all disputes, claims or controversies arising out of or relating to this agreement that are not resolved by their mutual agreement shall be submitted to final and binding arbitration in Lake Elsinore California, US.
- No delay, failure or discontinuance (whether partial or total) of any party in exercising any right, power, privilege or remedy thereunder shall effect or operate as a waiver or any other such right, power, privilege or remedy.
- The agreement contains the sole and entire agreement of the parties with respect to the services to be provided by Web Editors, and any and all prior or contemporaneous communications, negotiations, commitments, and understandings related thereto are hereby merged herein.
- This Agreement shall be construed and enforced in accordance with the laws of the State of California, as applied to California residents with respect to transactions entered into and to be performed entirely within the State of California.
- All written communications shall be directed to the Subscriber using the contact information provided to Web Editors at the time of order unless otherwise instructed in writing by Subscriber.
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Limitation of Liability, Indemnification
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- Upon the discovery of facts which reasonably indicate that Web Editors has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Subscriber shall promptly notify Web Editors of such facts and follow up any such verbal notification with a written notice within 30 days of such discovery. The failure to give the foregoing notices shall constitute an irrevocable waiver of all claims and causes of action. Subscriber must commence any legal action against Web Editors with respect to this Agreement within 12 months after the incident giving rise to the claim or cause of action, regardless of when the incident is discovered. If proper notification is given to Web Editors as requested by Subscriber anytime during the twelve (12) month period following such notification, Web Editors shall at its sole discretion and option (i) revise or repeat free of charge the service affected by the failure of performance, negligence or breach, or, (ii) terminate this Agreement and pay Subscriber for all incidents, problems, and/or failures up to a maximum of all sums paid to Web Editors for service fees. Payment will be made via company check from Web Editors. The remedies set forth in this paragraph are Subscriber's sole and exclusive remedies should Web Editors breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty.
- The parties acknowledge and agree that Web Editors shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Subscriber, Subscriber's Subscriber or customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.
- Web Editors is not responsible for data or content maintained and distributed by Web Editors facilities. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. Web Editors 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. Web Editors DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all Web Editors services and facilities at your own risk. Web Editors specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Web Editors be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Web Editors harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Web Editors, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Web Editors against liabilities arising out of;
- any injury to person or property caused by any products sold or otherwise distributed in connection with Web Editors’s server;
- any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement and
- any defective products sold to customer from Web Editors’s server.
Web Editors shall be the sole judge of what violates this Policy.
Web Editors is only responsible to the present owner Web Editors Service. We verify ownership by credit card number (if paid for by credit card), name, address, username, & password. If you give this information to any other party you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information.
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