This User Agreement (“Agreement”) is an agreement between Webhubs Webhubs (“Webhubs”) and the party set forth in the related order form (“Customer” or “You”) and applies to the purchase of all services ordered by Customer on the Order Form (collectively, the “Services”)
PLEASE READ THIS AGREEMENT CAREFULLY
By signing up for the services creates a contract between customer and Webhubs, consisting of the order, the applicable service description and this user agreement and you are agreeing to be bound by the terms of this agreement and all terms and conditions incorporated by reference in this agreement, including Webhubs’ usage policy. Your use of the services constitutes acceptance of this agreement
1. Acceptable Use Policy. Under this Agreement, Customer shall comply with Webhubs’ current Acceptable Use Policy (“AUP”), as amended, modified or updated from time to time by the Webhubs. Customer hereby acknowledges that: has reviewed the AUP. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. Webhubs does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Customer via the Service (the “Customer Content”). Customer Content includes content of Customer’s, customers and/or users of Customer’s website. Accordingly, under this Agreement, You will be responsible for your customers content and activities on your website. Notwithstanding anything to the contrary contained in this Agreement, Webhubs may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the AUP. In the event Webhubs takes corrective action due to a violation of the AUP, Webhubs shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that Webhubs shall have no liability to Customer or any of Customer’s due to any corrective action that Webhubs may take (including, without limitation, disconnection of Services).
2. Term; Termination; Cancellation Policy:
a). The initial term of this Agreement shall be as set forth in the Order Form (the “Initial Term”). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew Additionally after the initial term, you acknowledge, agree and authorize Webhubs to automatically bill and/or charge on your credit card for yearly terms based on the current rate in force at the time of renewal, unless terminated or cancelled by either party as provided in the section labeled “cancellation policy”. Current renewal rates are as follows; Basic 60,000 Ugx, Standard 100,000 Ugx, Webhubs 150,000 Ugx and Premium 180,000 Ugx. The Initial Term and all successive renewal periods shall be referred to, collectively, as the “Term”. I. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel, you acknowledge, agree and authorize Webhubs to continue billing your credit card and you remain responsible for any uncollected amounts b. This Agreement may be terminated I. by Webhubs in the event of nonpayment by Customerby Webhubs, at any time, without notice, if, in Webhubs’ sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, AUP, or Customer’s use of the Services disrupts or, in Webhubs’ sole and absolute discretion and/or judgment, could disrupt, Webhubs’ Webhubs operations and/or II. by Webhubs as provided herein c. If You cancel this Agreement, upon proper notice to Webhubs, prior to the end of the Initial Term or any Term thereafter I. You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; II. Webhubs may (but is not obligated to) refund to You all pre-paid fees for basic hosting services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment, provided that, You are not in breach of any terms and conditions of this AUP, User Agreement, Spamming Policy or Domain Policy; and/or III. You shall be obligated to pay one hundred percent (100%) of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above). Any cancellation request shall be effective thirty (30) days after receipt by Webhubs, unless a later date is specified in such reques. d. Webhubs may terminate this Agreement, without penalty, I. if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable; or II. Immediately, if Webhubs determines that Customer’s use of the Services, the Web site or the Customer Content violates any Webhubs term or condition, including this AUP, User Agreement, Spamming Policy, or Domain Policy. If Webhubs cancels this Agreement prior to the end of the Term for Your breach of this Agreement and related agreements, including the AUP, User Agreement, Spamming Policy, or Domain Policy or Customer’s use of the Services disrupts our network, Webhubs shall not refund to You any fees paid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, You shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term. e. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. However some provisions of Sections 2(e) of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which Webhubs may be entitled.
CANCELLATION POLICY CANCELLATION OF SERVICES – REFUND POLICY
1. Cancellations and Refunds. Webhubs provides a 15-day money back guarantee for new hosting account registrations, subject to the following terms and conditions:
I. Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of SSL certificates, domain privacy, and domain names are nonrefundable
II. Cancellations before 15 Days. In the event Subscriber cancels the Services prior to the expiration of 15 calendar days, Subscriber will receive a refund of all fees paid in connection with the hosting service, with the exception of any Nonrefundable Fees set forth below:
a). Free Domain Names: If Subscriber registers any domain name as part of a “Free Domain Name” promotion in connection with the registration, Subscriber’s refund will be reduced by the price of the domain of 35,000 Ugx year and a 10,000 Ugx administrative fee. Subscriber will retain full ownership and control of any such domain names.
b). Dedicated IP: Any fees paid by Subscriber in connection with will be refunded at a prorated rate based on the registration date, the term of service, and the date of cancellation.
c). Cancellations After 15 Days: Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal, and, with the exception of any Nonrefundable Fees set forth above and setup fees, if any, which are nonrefundable after 15 calendar days, receive a pro-rated refund for all other fees paid for Services, less 35,000 Ugx per “Free Domain Name.”
2. Customer Responsibilities
I. Customer is solely responsible for the quality, performance and all other aspects of the Customer Content and the goods or services provided through the Customer Web site
II. Customer will cooperate fully with Webhubs in connection with Webhubs’ performance of the Services. Customer must provide any equipment or software that may be necessary for Customer to use the Services. Delays in Customer’s performance of its obligations under this Agreement will extend the time for Webhubs’ performance of its obligations that depend on Customer’s performance on a day for day basis. Customer will notify Webhubs of any change in Customer’s mailing address, telephone, electronic mail or other contact information.
III. Customer assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Customer Web site and any goods or services described therein, as well as any rules, terms or conditions of use
IV. Because the Services permit Customer to electronically transmit or upload content directly to the Customer Web site, Customer shall be fully responsible for uploading all content to the Customer Web site and supplementing, modifying and updating the Customer Web site, including all back-ups. Customer is also responsible for ensuring that the Customer Content and all aspects of the Customer Web site are compatible with the hardware and software used by Webhubs to provide the Services, as the same may be changed by Webhubs from time to time. Specifications for the hardware and software used by Webhubs to provide the Services will be available on Webhubs’ Web site. Customer shall periodically access Webhubs’ Web site to determine if Webhubs has made any changes thereto. Webhubs shall not be responsible for any damages to the Customer Content, the Customer Web site or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware and software used by Webhubs to provide the Service.
V. Customer is solely responsible for making back-up copies of the Customer Web site and Customer Content
3. Customer’s Representations and Warranties Customer hereby represents and warrants to Webhubs, and agrees that during the Initial Term and any Term thereafter Customer will ensure that:
I. Customer is the owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by Webhubs to pay any fees, residuals, guild payments or other compensation of any kind to any Person or Entity.
II. Customer’s use, publication and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any “moral right” or similar right however denominated
III. Customer will comply with all applicable laws, rules and regulations regarding the Customer Content and the Customer Web site and will use the Customer Web site only for lawful purposes; and
IV. Customer has used its best efforts to ensure that the Customer Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code. V. Customer has used its best efforts to ensure that the Customer Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code
VI. Customer shall be solely responsible for the development, operation and maintenance of Customer’s web site, online store and electronic commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer’s products, including, without limitation a). the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products.
b). ensuring that the Customer Content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person c. Ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store
VII. Customer grants Webhubs 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.
VIII. In addition to transactions entered into by Customer on Your behalf, Customer also agrees to be bound by the terms of this Agreement for transactions entered into on Customer’s behalf by anyone acting as Customer’s agent, and transactions entered into by anyone who uses Customer’s account, whether or not the transactions were on Customer’s behalf.
4. License to Webhubs. Customer hereby grants to Webhubs a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services under the Order
I. digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and
II. make archival or back-up copies of the Customer Content and the Customer Web site.
III. Except for the rights expressly granted above, Webhubs is not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with Customer
IV. Webhubs, in its sole discretion, reserves the right
(i) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, Customer Content and/or web site(s)), and/or
(ii) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. Customer further agrees that Webhubs shall not be liable to Customer for any loss or damages that may result from such conduct
5. Billing and Payment Customer will pay to Webhubs the service fees for the Services in the manner set forth in the Order Form I. Webhubs may increase the Service Fees
(i) in the manner permitted in the service description and
(ii) at any time on or after expiration of the Initial Term by providing ten (10) days prior written notice thereof to Customer. II. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Webhubs’ net income). All such taxes will be added to Webhubs’ invoices for the fees as separate charges to be paid by Customer. All fees are fully earned when due and non-refundable when paid.
III. If Webhubs collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if Webhubs prevails in any action to which the Customer and Webhubs are parties, Customer will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Webhubs’ reasonable attorneys’ fees.
IV. If any check is returned for insufficient funds Webhubs may impose a minimum processing charge of 50,000 Ugx.
V. In the event that any amount due to Webhubs remains unpaid seven (7) days after such payment is due, Webhubs, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
VI. There may be a minimum 80,000 Ugx charge to reinstate accounts that have been suspended or terminated. VII. There may be a minimum 65,000 Ugx charge for all credit card chargebacks.
VIII. Customer acknowledges and agrees that Webhubs may pre-charge Customer’s fees for the Services to its credit card supplied by Customer during registration for the Initial Term.
IX. You acknowledge, agree and authorize Webhubs to invoice you or automatically bill and/or charge your credit card additional service in 12 month increments, unless terminated or cancelled by either party as provided in previous section
6. Webhubs as Reseller or Licensor: Webhubs is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party (“Non-Webhubs Product”). Webhubs shall not be responsible for any changes in the Services that cause the Non-Webhubs Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Webhubs Product either sold, licensed or provided by Webhubs to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of Webhubs’ obligations under this Agreement. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non-Webhubs Product are limited to those rights extended to Customer by the manufacturer of such Non-Webhubs Product. Customer is entitled to use any Non-Webhubs Product supplied by Webhubs only in connection with Customer’s permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by Webhubs to Customer through any Non-Webhubs Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export or re-export any Non-Webhubs Product, or any technical data derived therefrom, in violation of any applicable Ugandan or any foreign law.
7. Caching. Customer expressly grants to Webhubs a license to cache the entirety of the Customer Content and Customer’s web site, including content supplied by third parties, hosted by Webhubs under this Agreement and I. agrees that such caching is not an infringement of any of Customer’s intellectual property rights or any third party’s intellectual property rights
8. Resource Usage. Webhubs agrees to provide resources necessary to run actively scripted websites on our stated software stack, providing CPU time, bandwidth and disk space that fits the profile of the average website running our systems CPU, RAM, and Disk I/O – Webhubs’ shared systems allow for significant bursts in activity, but resources must be shared among all clients Computationally intensive or long running scripts are not permitted; generally speaking scripts should complete execution in 1-2 seconds at most. Database queries must also complete quickly, and databases should not be larger than is appropriate in a shared environment. No script or database queries should perform excessive disk reads/writes or maintain I/O patterns that cause performance issues for other sites While Webhubs offers different package levels that have different levels of access to shared resources the automated management of this is done on a best effort basis only and is not a guarantee of a particular performance level The Customer should promptly act on any notice received from Webhubs regarding resource usage. Any notice received should not be considered indicative that Webhubs will manage any site’s traffic, code, or databases – the Customer must take responsibility for optimizing their sites and databases for the traffic they receive before they affect other users Webhubs utilizes several methods, automated and with human intervention, to monitor and control resource usage and reserves the right to limit access to those resources at any time, up to and including, suspending any site whose resource utilization exceeds normal levels, regardless of whether or not it is impacting performance at that time and regardless of package levels purchased Unlimited Diskspace – Webhubs will attempt to provide the disk space needed to power its customer’s websites as far as is commercially reasonable. There is no arbitrary limit on the amount of data stored on an account, however the delivery of capacity is determined by availability, commercial viability, and the affect on the shared platform as a whole. As a general guide, 30,000 files/inodes may be asked to reduce the size of their account. Accounts exceeding 4GB/30,000 inodes/files will be excluded from our backup system without notice. Bandwidth Usage – Webhubs will attempt to provide sufficient bandwidth for its customer’s sites as far as is commercially viable. Excessive bandwidth usage from national media traffic or DOS attacks may result in the account being disabled without warning. Webhubs’ bandwidth is meant for delivering websites to end-users – high-bandwidth transfers between other servers is not permitted. The use of Webhosting Hub’s services solely for media streaming is not permitted Webmail and mail storage – Webhubs provides webmail mail services to its customers, however we do not directly monitor size. Customers are responsible for making sure their inboxes do not reach unreasonable sizes and that the number of messages stored on their accounts does not exceed 200 messages or 100MB in size.
9. Account Backups. Webhubs encourages all customers to periodically perform their own backups. For a fee, Webhubs will perform regular automated data backups on accounts equal to or less than 4 gigabytes in total size. Accounts exceeding 4 gigabytes will not be backed up. These backups are intended for disaster recovery purposes only, and are not intended for regular customer use. While Webhubs maintains the previously stated backups, this service is provided as a convenience only and Webhubs assumes no liability as to the availability or completeness of client data backups. Each client is expected and encouraged to maintain backup copies of their own data. Data restores may be provided but are subject to additional service fees of up to 80,000 Ugx/restoration. Upon Cancellation or Suspension for nonpayment, all data is purged from the server
10. Property Rights: Webhubs hereby grants to Customer a limited, non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use Webhubs technology, products and services solely for the purpose of accessing and using the Services. Customer may not use Webhubs’ technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from Webhubs to Customer any Webhubs technology, and all rights, titles and interests in and to any Webhubs technology shall remain solely with Webhubs. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Webhubs. I. Webhubs owns all right, title and interest in and to the Services and Webhubs’ trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems (“Marks”). Nothing in this Agreement constitutes a license to Customer to use or resell the Marks.
11. Disclaimer of Warranty. Customer agrees to use all Services and any information obtained through or from Webhubs, at Customer’s own risk. Customer acknowledges and agrees that Webhubs exercises no control over, and accepts no responsibility for, the content of the information passing through Webhubs’ host computers, network hubs and points of presence or the Internet. The services provided under this agreement are provided on an as is, as available basis. None of Webhubs, its parent, subsidiary or affiliated corporations, or any of their respective employees, officers, directors, shareholders, affiliates, agents, attorneys, suppliers, third-party information providers, merchants, licensors or the like (each, a”Webhubs person”) make any warranties of any kind, either expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringement, for the services or any equipment Webhubs provides. No Webhubs person makes any warranties that the services will not be interrupted or error free; nor do any of them make any warranties as to the results that may be obtained from the use of the services or as to the accuracy, reliability or content of any information, services or merchandise contained in or provided through the services. Webhubs is not liable, and expressly disclaims any liability, for the content of any data transferred either to or from customer or stored by customer or any of customer’s customers via the services provided by Webhubs. No oral advice or written information given by any Webhubs person, will create a warranty; nor may you rely on any such information or advice. The terms of this section shall survive any termination of this Agreement