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Pacific Web Host is proud to announce the installation of StableServer™
2.0 system has been successful. Another step towards 0% downtime!
Unlimited subdomains are now enabled for all customers. Enjoy!
Pacific Web Host ("The Company") agrees to furnish services to the Customer,
subject to the following TOS (Terms of Service).
Use of Pacific Web Host's Service constitutes acceptance and agreement
to Pacific Web Host's AUP as well as Pacific Web Host's TOS (Terms of
All provisions of this contract are subject to the TOS (Terms of Service)
of Pacific Web Host and AUP (Acceptable Use Policy). The AUP may be changed
from time to time at the discretion of the Company. Customer understands
that change to the AUP by the Company shall not be grounds for early contract
termination or non-payment.
Pacific Web Host agrees to provide and Customer agrees to purchase the
services requested by customer from the website, or in email. Customer
may add services via any of the 2 methods and agrees to pay in advance
for them whether they be 1 time charges or recurring monthly fees.
No changes to this agreement shall be binding except those in writing
counter-executed by both parties. Deviations in pricing shall be agreed
to in writing. Email shall confirmed by both parties shall suffice.
Recurring Billing: We only send out e-mail invoices. All credit cards
are billed automatically monthly/yearly. It is the clients responsibility
to ensure that they have sufficient credit to cover this transaction.
In the event that there is insufficient credit, as a courtesy, we will
send an email notification, at which point we will need to be provided
with another credit card within 72 hours. If we do not receive a response
within 72 hours the account will be deactivated as well as any services
under that account plan.
Customer credit cards will be billed by Paypal.
Account Deactivations: Any account deactivated due to non-payment must
contact the billing dept. to reactivate it. We cannot guarantee that your
account will be activated.
All Charges are in U.S funds*****
For credit card customers, you will be automatically charged the appropriate
amount at the beginning of your account's billing period. Late payments,
credit card refusals, expirations, chargebacks, disputes are subject to
fines, suspensions and account terminations at Pacific Web Host's discretion.
All unpaid balances incurred during period of service by Pacific Web Host
Business are subject to collection.
NOTE: Pacific Web Host charges a $25.00 fee for chargebacks.
Price guarantee: Price remains the same from the time you sign up. Prices
only changes if you change your billing schedule prior to renewal. To
change your billing schedule, send email 30 days before renewal requesting
to be billing monthly, quarterly, semi annually or yearly.
30 Day Money Back Guarantee/Refunds
If you become unsatisfied with our services within the first 30 days of
your account activation, Pacific Web Host will refund your hosting fee.
Refunds will be issued unconditionally if request is made before your
Cancellation Refunds: We do not refund partial monthly or yeraly fees
to accounts cancelling after their 30 day initial account activation period.
Therefore, only full monthly or yearly fees existing on account will be
refunded. No refunds will be given after 30 days whether customer have
not used our service.
The term of this Agreement shall begin upon the date the server is installed
and made available to customer and shall be for 1 month and shall renew
for successive 1 month terms until terminated by either Party upon the
sooner of (i) thirty (30) days prior written notice to the other Party,
or (ii) the expiration or termination of all Service(s) set forth in the
Statement of Work and all Work Order(s).
5. Termination Due to Breach
In the event that Customer commits a material breach of any of its obligations
hereunder, Pacific Web Host may terminate this Agreement or (at Pacific
Web Host's sole option) suspend, interrupt or terminate one or more Service(s)
to which such breach pertains by sending written notice of termination
to Customer with termination effective as of the fifth (5th) calendar
day after the date such notice is given.
6. Effects of Termination
Unless the Parties agree otherwise in writing, termination of the Agreement
shall also serve to terminate all Service(s) and Statements of Work and
to cancel all Work Orders, and Customer shall pay Pacific Web Host all
Fees and Expenses earned or incurred by Pacific Web Host pursuant to such
Service(s), Statements of Work and Work Orders through the date of termination,
less any payments made hereunder by Customer prior to said termination.
Additionally, all property of each Party which is in possession of the
other Party shall be returned to its owner. In the event one or more Service(s)
is terminated prior to the expiration of the Term for such Service(s)
(other than due to a material breach of this Agreement by Pacific Web
7. Warranties of Pacific Web Host
Pacific Web Host warrants that the Service(s) shall be provided in a workmanlike
and professional manner. Upon Pacific Web Hostís breach of the foregoing
warranty, Customer's sole and exclusive remedy shall be to require Pacific
Web Host to exercise commercially reasonable efforts to repair or replace
the nonconforming Service(s); provided, however, that, with respect to
any Service(s) which are interrupted or rendered inoperable due solely
to Pacific Web Hostís breach of the foregoing warranty for any time period,
Customer shall also be entitled to a pro-rata refund of any Fees attributable
to the interrupted or inoperable Service(s) in an amount determined by
multiplying the fixed monthly, recurring Fees (if any) for the interrupted
or inoperable Service(s) by the ratio that the number of consecutive hours
of inoperability bears to 720 hours (for the purpose of this computation,
each month is deemed to have 720 hours). Pacific Web Host will not be
liable to any extent whatsoever for interruption, restriction, inoperability
or malfunction of any Service(s) which is not caused solely by a breach
of the warranty set forth in this Section 8 Pacific Web Host expressly
reserves the right to suspend, interfere with, impair or terminate Service(s)
as necessary for purposes of maintenance, upgrades or repair (either by
Pacific Web Host or by any supplier, partner or independent contractor
of Pacific Web Host.) or in the event of any circumstance which Pacific
Web Host, in its sole discretion, deems necessary or desirable to prevent
or remedy an impairment of, or harm to, the integrity or functionality
of any Service(s) or any plant, services or facilities of any Indemnitees
(as defined in Section 11) or of any third party, and neither the exercise
nor the non-exercise of the foregoing rights or discretion shall constitute
a breach of any provision of this Agreement.
EXCEPT AS SET FORTH IN SECTION 7, PACIFIC WEB HOST MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF UNINTERRUPTED OR ERROR-FREE OPERATION AND THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE SERVICE(S) OR ANY ASPECT THEREOF, AND ALL WARRANTIES WITH
RESPECT THERETO ARE HEREBY EXPRESSLY DISCLAIMED.
Customer expressly acknowledges and agrees that proper provision of the
Service(s) is dependent upon the provision to Pacific Web Host. by Customer
of timely and accurate information regarding (i) Customer's needs and
expectations regarding the Service(s), and (ii) all operational, technological
or other data which Customer knows or should know is relevant to the provision
of the Service(s) (collectively "Information"). Customer shall provide
the Information to Pacific Web Host in a timely manner and the Information
shall be accurate. Customer agrees that, in the event of Customer's breach
of its obligations in this Section 8, the warranty set forth in Section
8 shall be null and void.
8. Warranties of Customer
Customer hereby covenants, represents and warrants that:
Customer will not, and will not permit others to use Service(s) for any
unlawful or illegal purpose or in connection with or in furtherance of
any unlawful or illegal activity, in violation of any applicable law or
regulation, in a manner that will, or is likely to, infringe the copyright,
trademark, trade secret or other intellectual property rights of others
or violate the right of privacy, publicity or other personal rights of
others, or in connection with any conduct or activity that is, in the
sole opinion of Pacific Web Host, defamatory, indecent, obscene, offensive,
threatening, abusive, hateful, tortuous or violative of the rights of
any other person or entity;
Customer will not, and will not permit others to, do any act which may
interfere with or compromise the security or functionality of any Service(s),
including without limitation attempting to probe or test the vulnerability
of any system or network connected to or accessible by the Service(s);
No equipment owned, leased, maintained by or controlled by Customer or
by any third party which is connected to or utilized the Service(s) with
the consent of Customer will interfere with or impair any Service(s) or
any plant, services or facilities of any Indemnitees or of any third party,
unlawfully interfere with or impair the transmission of privacy of any
data or communications transmitted over the Service(s) or over any plant,
services or facilities of any Indemnitees or of any third party, or create,
cause or contribute to the creation or causing of a hazard to any Indemnitees
or to any third party.
All payments to Pacific Web Host which have been serviced beyond 30 days
are non-refundable. This includes the one time setup fee and subsequent
charges regardless of usage. All overcharges or billing disputes must
be reported within 60 days of the time the dispute occurred and refunds
will be given at the discretion of the Company Management. If you dispute
a charge to your credit card issuer that, in Pacific Web Host's sole discretion
is a valid charge under the provisions of the TOS and/or AUP, you agree
to pay Pacific Web Host an "Administrative Fee" of not less than $50 and
not more than $150
Pacific Web Host reserves the right to suspend, interrupt or terminate
any Service(s) or this Agreement immediately without further notice in
the event of a breach by Customer of Section 8. Pacific Web Host reserves
the right to remove, delete, disable or block transmission of any data
or materials which Pacific Web Host reasonably believes constitute, either
alone or in conjunction with other acts, omissions or data or materials,
a breach or potential breach by Customer of Section 8. Customer agrees
to defend, indemnify and hold harmless Pacific Web Host, its successors
or assigns, subsidiaries, officers, directors, employees, agents, independent
contractors, licensees, licensors, suppliers and customers (excluding
Customer) (collectively "Indemnitees") against any and all claims, liability,
loss, damage, or harm (including without limitation reasonable legal and
accounting fees) suffered by such Indemnitees (including without limitation
claims, liability, loss, damage, or harm in connection with death, bodily
injury or injury to real or personal property) arising from or in connection
with (i) Customer's purchase or use of any Service(s), including without
limitation any claims, liability, loss, damage, harm suffered by such
Indemnitees arising from or in connection with the use by any third party
of any Service(s) purchased by Customer regardless of whether such use
was authorized by Customer, or (ii) Customer's breach of any provision
of this Agreement.
11. Limitation of Liability
Any other provision of this Agreement to the contrary notwithstanding,
the aggregate liability of all Indemnitees for any losses or damage, whether
direct or indirect, arising out of or in connection with the Service(s),
including without limitation any cause of action sounding in contract,
tort or strict liability, shall be limited to actual, direct damages incurred
but in no event shall exceed the greater of
One Hundred Dollars, or The Fees paid by Customer to Pacific Web Host
during the two (2) months preceding the month in which liability arose
for the Service(s) in connection with which such liability arose. Pacific
Web Host shall not be liable for lost profits or other consequential damages,
cover damages, or for any claims against Customer by any third party,
even if Pacific Web Host was advised of the possibility of same. Under
no circumstances shall Pacific Web Host be liable hereunder for special
damages, consequential damages, general damages, incidental damages, indirect
damages, or exemplary or punitive damages. No action arising out of this
Agreement, regardless of form, may be brought by Customer against Pacific
Web Host more than one (1) year after the cause of action arose. Without
limiting the foregoing:
Customer acknowledges that Pacific Web Host is not responsible for controlling
or monitoring any content, information, data or other materials stored
on, transmitted via, or accessible through use of, the Service(s), and
Pacific Web Host will have no liability to Customer whatsoever in connection
with such content, information, data or other materials (including without
limitation the accuracy or suitability thereof or unauthorized access
or damage to, alteration, theft, corruption destruction or loss of, Customerís
data or other materials); Pacific Web Host will have no liability to Customer
whatsoever in connection with any harm or loss arising from or in connection
with unauthorized access to the Service(s); and all Indemnitees are expressly
made third party beneficiaries of this Section 11.
This Section 11 shall survive expiration or termination of this Agreement
for any reason whatsoever.
12. Proprietary/Confidential Information
Pacific Web Host and Customer acknowledge that proprietary and confidential
information (including without limitation trade secrets) (collectively
"Proprietary Information") of each Party may be disclosed to the other
Party throughout the term of this Agreement. Each Party agrees to not
reverse engineer, decompile, disclose to any third party, or to use for
any purpose not strictly required for such Party's performance hereunder,
such Proprietary Information except to the extent that such Proprietary
made publicly available by the owner of the Proprietary Information or
lawfully disclosed by a non-party to this Agreement; lawfully obtained
from any source other than the owner of the Proprietary Information; independently
developed by personnel of the receiving Party to whom Proprietary Information
had not been previously disclosed and not based on or derived from such
Proprietary Information; or previously known to the receiving Party without
an obligation to keep it confidential. Customer will not contract directly
with any subcontractor relationships that Pacific Web Host has under this
agreement or are connected to future services related to this agreement
or that are of the same nature. Anything to the contrary herein notwithstanding,
Pacific Web Host may disclose such information to its successors or assigns,
subsidiaries, officers, directors, employees, agents, independent contractors,
licensees, licensors and suppliers which have signed and are bound by
a suitable non-disclosure agreement with Pacific Web Host in order for
Pacific Web Host to perform the service in this contract. The obligations
set forth in this Section 12 shall survive the termination of this Agreement
for any reason whatsoever for a period of three (3) years; provided, however,
that, with respect to Proprietary Information which constitutes a trade
secret, the obligations set forth in this Section 12 shall survive the
termination of this Agreement for any reason whatsoever for so long as
such Proprietary Information constitutes a trade secret under applicable
13. Force Majeure
If either Party shall be prevented from performing any portion of this
Agreement (except the payment of money) by causes beyond its control,
including labor disputes, civil commotion, war, governmental regulations
or controls, casualty, inability to obtain materials or Service(s) or
acts of God, such Party shall be excused from performance for the period
of the delay and the time for such Party's performance shall be extended
for a period of time equal to the duration of such delay.
No waiver of any right or remedy shall be valid unless in writing and
delivered to the other Party, and waiver of a right or remedy on one occasion
by a Party shall not be deemed a waiver of such right or remedy on any
This Agreement, including all referenced or attached exhibits, schedules,
attachments or documents, sets forth the entire agreement and understanding
between the Parties pertaining to their subject matter and supersedes
all prior or contemporaneous discussions, agreements, promises or understandings
between the Parties. Neither Party shall be bound by any conditions, definitions,
warranties, understandings nor representations with respect to such subject
matter other than as expressly provided in this Agreement.
16. Superior Agreement
This Agreement shall not be supplemented or modified by any course of
dealing or trade usage. Addition to or variance from the terms and conditions
of the Agreement by Customer, including without limitation any additional
or varying terms contained in Customer's preprinted forms, correspondence
or other documents transmitted to Pacific Web Host, shall be of no effect,
unless otherwise expressly provided in the Agreement.
This Agreement is not assignable by Customer, in whole or in part, voluntarily
or involuntarily, including by operation of law or by merger in which
Customer does not survive, without Pacific Web Host's prior written consent.
Any attempted assignment without Pacific Web Host's written consent shall
be null and void.
Unless otherwise agreed to by the Parties, all notices required under
the Agreement shall be delivered in writing, addressed and sent to the
address provided herein and to the attention of the Party executing the
Agreement or the person's successor, by either registered mail, certified
mail, return receipt requested, or overnight mail, or by telephone facsimile
transfer email that is replied to as accepted - appropriately directed
to the attention of the Party executing the Agreement or that person's
successor. Unless otherwise agreed to by the Parties, all notices required
under the Agreement shall be deemed effective when received.
If any provision of the Agreement is held invalid, illegal, or unenforceable,
the validity, legality and enforceability of the remaining provisions
shall remain in full force and effect.
This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original and all of which taken together shall constitute
one and the same Agreement.
21. Account Activation
By activating your account with Pacific Web Host, you agree to the above
policies and disclaimer. Upon requesting an account activation, you are
required to accept these policies, guidelines, and Terms of Service, and
a copy of your acceptance is forwarded along with your activation request
to be maintained within your account information.
NOTICE: If you sign up for an account and do not follow our terms, no
refunds will be given. We will however, let you know by email or phone
before any action is taken, and you will have a chance to solve the matter.
FURTHERMORE, Pacific Web Host retains the right to change any or all of
the above Policies, Guidelines, and Disclaimer without notification.