In order to continue, please read through the Agreement below. You must Agree to this agreement before you can continue. Your current IP address is
and has been recorded. Select this option if you are an existing customer, and would like to register a domain name or sign up a new web site under your existing account.
This Agreement governs your purchase and use, in any form, of all services (herein referred to as "Services") for you (herein referred to as "Customer") and accepted by WebMyStyle and describes the terms and conditions that apply to any purchases and use of the Services. You must accept the terms of this Agreement in order to use the Services. BY CLICKING ON THE "AGREE" BUTTON BELOW YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. WebMyStyle reserves the right to change or modify any of the terms and conditions contained in this Agreement and any policy or guideline incorporated by reference 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. The parties agree to the following, which shall apply throughout the term of this agreement: 1. PRICING A. All prices for Plans provided by WebMyStyle to its Customers are in U.S. Dollars. Customer must pay for services provided by WebMyStyle in U.S. Dollars. Customer shall be responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services. 2. ORDER ACCEPTANCE AND PAYMENT A. All orders are subject to acceptance by WebMyStyle. An order will be deemed accepted when written (email) confirmation of the order is sent to the Customer. WebMyStyle may refuse to accept, or delay for any period of time, any order for any reason. B. Payment and Terms: Payment shall be made to WebMyStyle in U.S. dollars only. Payments are due upon account activation and future account renewal, and may be made through the use of a valid credit card, personal/business check or money order. Payment for services shall be made monthly, quarterly or annually depending on the select billing plan. Credit card payment will occur automatically until Customer requests cessation of service. If shortfalls in payment to WebMyStyle of the full invoice amount occur due to bank fees, transfer fees, or the like, WebMyStyle will re-invoice the Customer for the shortfall. Should payment in full of any invoice (aside from the shortfalls mentioned above) not be received by WebMyStyle within fifteen (15) days after account activation or renewal, WebMyStyle may discontinue, withhold or suspend services to the Customer. C. Cancellations of service must be made in writing via the Customer's Control Center (located at https://www.webmystyle.com/myweb/), and can not be made without the correct login information provided by WebMyStyle (including customer ID and account password). All information stored on the WebMyStyle network that was placed there by the Customer or is a result of the Customer using the services provided by WebMyStyle is deleted after a period of approximately 15 days from the date of cancellation. Therefore, should the Customer require a copy of said information, the Customer should take steps necessary to retrieve that information prior to cancellation of services. Should the Customer fail to retrieve such information, and should the Customer require a copy of said information after the date of cancellation, it is possible that WebMyStyle can provide the information to the Customer for an additional fee (to be determined at the time of request but could include data restoration and custom service fees). However, WebMyStyle does not guarantee that it will be able to provide the information to the Customer after the date of cancellation. D. Should any Customer attempt a chargeback for services knowingly purchased from WebMyStyle, WebMyStyle shall immediately shut off services for that Customer and will pursue full legal recourse against the Customer to recoup any and all losses. If a chargeback occurs as a result of Customer error, a $20 fee will be assessed on top of the full chargeback amount. On a second attempt at a chargeback, WebMyStyle shall immediately discontinue services to the Customer and pursue full legal recourse to recoup any and all losses, and future services to the Customer shall be denied. E. Should a Customer follow standard procedures (as defined in Section C above) and cancel services with WebMyStyle, they are entitled to a refund equivalent to the length of time that has been paid for, but not used. This refund is calculated based on a daily rate, depending on the Plan that was ordered. F. The Customer is responsible for providing WebMyStyle with the proper and correct Billing and Payment Information. In addition, the Customer is responsible for keeping all contact information, especially email addresses, up to date and current. WebMyStyle conducts all communication with customers via email, including support, billing and network administration communication. Therefore, a current and active email address for all pertinent parties is absolutely essential. Any and all fees incurred due to incorrect Billing and/or Payment information are the sole responsibility of the Customer. Customer has access to any and all information on file, and therefore has every opportunity to keep this information current, via the WebMyStyle Control Center (https://www.webmystyle.com/myweb/). G. WebMyStyle is not responsible for the Customer's failure to use the services/Plans offered by WebMyStyle. The Customer has the right to cancel the services/Plans they have purchased at any time. Therefore, non-use of the services/Plans offered DOES NOT constitute a cancellation of said services/Plans. All customers are required to cancel services as described in Section 3(c), above. H. Additional Fees: Customer agrees that use of the Services hereunder will not exceed any usage limits/allocations set forth under the Shared Plan details. If Customer does exceed any of the specified usage limits/allocations, WebMyStyle may, at its sole discretion, assess Customer with additional charges (where those additional charges are listed under Additional Features on the Shared hosting pages of the WebMyStyle website), suspend the performance of the Service or terminate this Agreement. In the event that WebMyStyle elects to take any corrective action, Customer will not be entitled to a refund of any unused pre-paid fees. 3. DOMAIN REGISTRATION WebMyStyle may acquire an internet domain name on behalf of the Customer as specified in the Customer's request for services. Any costs incurred by WebMyStyle in the process of obtaining or maintaining a domain name for the Customer shall be immediately reimbursed to WebMyStyle upon receipt of invoice for said services and fees. Should the Customer acquire the domain name on their own, without the assistance of WebMyStyle, the Customer is responsible for any and all fees necessary for the acquisition of the domain name. A. Domain Registration through WebMyStyle: The Customer is responsible for checking on the availability of any domain name associated with any of the services offered by WebMyStyle. The Customer is also responsible for correctly entering any and all domain information (this includes, but is not limited to, the spelling of the domain, proper domain extension, etc.) during the course of ordering any services offered by WebMyStyle. WebMyStyle is not responsible for domain name availability. If a Plan is built by WebMyStyle using an unavailable or incorrect domain name, the Customer will be charged a $20.00 fee for any resulting corrections made by WebMyStyle. WebMyStyle does not, in any way, alter any domain information when building sites for the Customer. Domain information is entered solely by the Customer, and is, therefore, the sole responsibility of the Customer. B. Domain Changes: If a Plan is ordered using an incorrect domain name, the Customer will be invoiced for any and all fees incurred by WebMyStyle in the proper registration/correction/completion of the Customer's order. These fees may include, but are not limited to, any administrative costs, domain registration costs and costs incurred in the correction of domain registration information charged by the domain Registrar. C. Domain renewal through WebMyStyle is managed by an automatic system that will notifiy the Customer when a domain is in need of renewal services. It is the Customers responsibility to make sure that all contact information is current and accurate. WebMyStyle is not responsible for lapsed, expired or lost domains as a result of the Customer not receiving, responding to or following up on notices sent by WebMyStyle or any of it's registrar partners. Domains that enter into a redemption period (generally 30 days after expiration), will require additional fees from the Customer to redeem the domain name from the controlling registrar. D. WebMyStyle will seek for damages for any domain fee that is charged back, canceled or where payment is not made when payment has been made by WebMyStyle on the behalf of the Customer. This may or may not include credit bureau reports, court action and/or legal services. Customer agrees that any and all costs incurred by WebMyStyle to recover such fees will be the responsibility of the Customer. 4. LIMITATION OF WebMyStyle’S OBLIGATIONS AND LIABILITY A. WebMyStyle will utilize its best efforts to maintain acceptable performance of services contracted for, but WebMyStyle makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. WebMyStyle cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. WebMyStyle will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. WebMyStyle shall not be liable to Customer for any claims or damages which may be suffered by Customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries or service interruptions whether or not caused by the fault or negligence of WebMyStyle. B. WebMyStyle may discontinue servicing any Plan or may impose conditions as a prerequisite for continuing to service any Plan. WebMyStyle agrees to provide Customer with reasonable notice via email or fax of any such intent to discontinue or impose conditions unless it is determined that such notice would cause harm to WebMyStyle. The following activities are specifically not allowed by WebMyStyle and will result in IMMEDIATE account termination: running adult web sites, running hate web sites, participation in undirected bulk email delivery (spamming) either through the use of our mail servers or not, gambling web sites or any sites promoting or participating in illegal activities. C. WebMyStyle's liability to Customer and any end user of any Plan or other WebMyStyle services is limited to the amount paid to and received by WebMyStyle for services. In no event shall WebMyStyle be liable to Customer, any end user or any other entity for any special, consequential or other damages however caused, whether for breach of contract, negligence or otherwise, even if WebMyStyle has been advised of the possibility of such damage. D. Customer shall defend, indemnify and hold WebMyStyle, its officers, directors, shareholders, agents, employees, successors and assign harmless from and against any and all claims, demands, actions, liability, costs, damages or expenses, including reasonable attorney's fees and other legal costs, arising from any lawsuit, claim, proceeding, settlement or other action which may be brought or maintained by virtue of or in connection with this Agreement; provided, however, that this obligation shall apply only to the extent that the party seeking indemnification shall not be at fault or found liable with respect to or in connection with the lawsuit, claim, proceeding, settlement or other action in which such party is seeking indemnification under this Agreement. E. While WebMyStyle provides backup services (with the exception of IIS .log files) and makes every effort to provide previous copies of customer files (for a specified dollar amount as specified on the WebMyStyle web site), to its customers, it is not guaranteed that these copies will be available as there are unknown issues that may arise preventing complete or acceptable restorations. F. Restoration of data from the backups WebMyStyle provides are done during normal business hours and based on the average ticket time for all Support requests. Restore requests are handled via the Control Center WebMyStyle makes available for use by all Shared Hosting customers. During off hours, every attempt is made to restore data as quickly as possible. However, off hours are used to run the backups of all server data on the WebMyStyle network. Therefore, while WebMyStyle is backing up server data, the ability to restore data at the same time that backups are running is limited and will generally take considerably longer than requests made during normal business hours. G. WebMyStyle may, at its sole discretion, limit or deny access to its servers, including the blocking of certain ports and/or the denial of certain services, if, in the judgment of WebMyStyle, such limitations or denials of access are required to assure the security of the network, the integrity of the network structure, or to prevent damage to the network, the software or the data stored on the WebMyStyle servers. 5. CUSTOMER WEBSITE AND WARRANTIES The Customer shall be solely responsible (where applicable) for the development, operation, maintenance, renewal, registration and ownership of Customer's website, online store and ecommerce activities including, without limitation (i) the accuracy and appropriateness of the content and material appearing on their website, (ii) ensuring that the content and materials appearing on their website do not violate or infringe upon the rights of any person, company, organization or any other entity and (iii) ensuring that the content and materials appearing on their website are not defamatory or otherwise illegal, (iv) ensuring that the web site and domain name are active and functioning properly. If the Customer operates an online store, sells or provides products and/or services, then the Customer shall be solely responsible for accepting, processing and filling their own customer orders and for handling their own customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its website and online store. Customer shall be responsible for the security and confidentiality of any customer information (including, without limitation, customer credit card numbers) that Customer may receive as a result of its website or online store. Customer represents and warrants that Customer owns or has the right to use the content and material contained on their website, including all text, graphics, sound, music, video, programming, scripts and applets, and the use, reproduction, distribution and transmission of the content and any information and materials contained therein does not, and will not, (i) infringe or misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party, (ii) violate any criminal laws or (iii) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation. In addition, the Customer grants WebMyStyle the right to reproduce, copy, use and distribute all and any portion of the Customer content to the extent needed to provide and operate the services WebMyStyle provides. 6. MODIFICATIONS OF THIS AGREEMENT This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. WebMyStyle may make changes to this agreement. However, no significant changes (the significance to be determined by WebMyStyle) can be made without thirty (30) days' written notice provided to Customer, advising of the change and the effective date thereof. Utilization of WebMyStyle services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s).
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