Terms of Service provided by Emuzement Net Inc and associated websites Masshost.net and WesiteDons.com
- Parties. This agreement is between Emuzement Net Inc and associations (PROVIDER) and the party as specified in the on-line application (CLIENT).
- This agreement covers all website services provided by the same PROVIDER.
- Data Storage Space Usage.
PROVIDER will allow the specified per plan web space to be used by the CLIENT as long as the use is in compliance with the policies set below.
The term "Unlimited" means no fixed preset value for data storage, however there is a discretionary acceptable limit which if reached or exceeded, will trigger a notification and possible suspension of service. All files on a client's hosting space counts to the storage value. This includes emails, website system files, error files.
- Bandwidth usage.
PROVIDER has set a discretionary restricted bandwidth usage by the CLIENT, which if exceeded, will cause delayed display of CLIENT's website until usage subsides.
CLIENT agrees to comply strictly with PROVIDER'S "Acceptable use policy" and "Copyright infringement policy". CLIENT understands that the services are subject to immediate termination without compensation for non-compliance with the policies. Further, CLIENT will be responsible for the full amount of any tangible and intangible damages this may cause. PROVIDER reserves the right to change the policies from time to time to reflect the dynamic nature of the Internet. Both policies are available on-line any time or as a hard copy by request only.
- Account sharing.
Account sharing is only permitted when used in conjunction with our hosting plans. Account sharing is not allowed with any other services. PROVIDER will terminate immediately and without compensation accounts, which share the web space with others or subdivide and resell the web space. Subdivision of the web space into two or more web sites is not allowed unless the multiple domain feature is being used, and each subdomain is related to the primary website of the hosting account.
- Excluded Services.
Provider will not provide services and will delete the files or terminate services immediately without compensation if the CLIENT's web site is involved in any of the following:
- Pirated software distribution (warez)
- Pirated music, photo or video distribution
- File sharing - Using our servers to move large files between peers.
- File storage - files not applicable for web use or not displayed on CLIENT's website at PROVIDER's web servers
- File leeching - files stored on Provider's servers specifically for use on other websites at other servers including but not limited to Social Network servers ie; Myspace.com, Facebook.com, Twitter.com etc. We will allow, at our discretion, a minimum amount of file leeching based on reasonable and acceptable resource usage. The web hosting server space must be used only for a website which by definition, presents multi-media content to viewers of the CLIENT's website. PROVIDER reserves the right to delete any offending material without notice. The servers are NOT for the CLIENT's personal file backup or file sharing. There are services available exclusively for this process by other companies in the business of file storage and sharing.
- Website Packages. Each website package include all the components and modules with specific features and functions indicated in the feature list. These components and modules are installed and configured with the CLIENT'S details and will execute its function as written. Modification of a component or module will incur a cost in addition to the package cost.
- A pre-designed template is included with the QuickStart and Advanced packages. The templates do not determine the functionality of the components and modules. The displayed sample content in the template images do not indicate that the layout is fixed and can only be displayed on the CLIENT'S website as shown in the sample image. Each template can be used for any type of website. The included components are applied as written and any function modification required by CLIENT will incur a charge.
- The Advanced package will allow for template modifications to suit the CLIENT as far as colors, navigation menu positioning, column positioning, background images and style sheet edition. No component or module function modification will be done. Only the styling is modified.
- The Custom package includes a custom designed template based on the concept submitted by the CLIENT. A single design is produced and submitted as an image for review and approval. If the CLIENT prefers that the PROVIDER create a concept then a design will be submitted by PROVIDER for review by CLIENT.
- Content entry includes the initial website content submitted in digital format by the CLIENT within 15 days of account setup. Content entry is not an unlimited service. The initial time alloted for content entry is 15 hours so we expect the CLIENT to submit all accurate content so the job can be expidited in the alloted time. Content entry is not design. Content will simply be copied and paste to the pages required by client including text, audio, video. Proofing of content is the responsibility of the CLIENT. Audio files must be in .MP3 format and video files must be in .FLV format. Files must be the legal property of the CLIENT. Shopping cart products will be entered up to twenty (20) items. CLIENT will have complete instructions to add items to the cart. If CLIENT selects to have the PROVIDER enter the shopping cart items in excess of twenty (20) then a charge of $5 per item entry will be incurred.
- On-line subscription. CLIENT makes an on-line, paperless subscription for the services. CLIENT acknowledges that all the information he/she submits on-line is true and correct to the best of his/her knowledge. CLIENT agrees that the act of submitting his subscription form on-line is equivalent to his/her signature. PROVIDER will bill according to the billing period unless a cancellation in writing is received.
- Price change. PROVIDER has the right to change the price of the services to reflect a change in the cost of the service, or other reasons. In case of price change, PROVIDER will send a 30 day advanced notice by e-mail only.
- Start of services. Services will typically start on the same business day on PROVIDER's site. Domain registration may take longer.
- Quality of Services. Although the PROVIDER will make the best efforts to provide quality and uninterrupted services this is not guaranteed. PROVIDER will not be responsible for any damages a service interruption may cause to the Client. Furthermore PROVIDER will not censor any content on INTERNET. It will be CLIENT's responsibility for the usage of his account and any consequences of this usage.
- Fees. CLIENT agrees to pay for the services setup fee, monthly fee, heavy traffic fee (if any) and excessive space fee (if any). The setup fee and first month fee is due upon the signature of this agreement. PROVIDER will notify CLIENT in advance if any heavy traffic fee and/or excessive space fee are due.
- Domain name registration. PROVIDER will register the domain name(s) as submitted in the subscription forms. First year registration fee for one domain is included in the plan. CLIENT agrees to pay the registration fees for the domain(s) thereafter. CLIENT agrees to pay the registration fee for the first year in case he cancels the service before the expiration of the first year.
- Client Responsibilities. To ensure total data preservation, the CLIENT is responsible for backing up data as often as needed. Though the PROVIDER has the most modern and efficient protection softwares and daily monitoring in place, a shared hosting environment may be electronically compromised by a determined hacker. PROVIDER also may need to perform periodic updates on the hosting servers which may require data transfer which can cause data loss or corruption.
- Termination of Services.
PROVIDER reserves the right to refuse services to anyone and to terminate existing services with 14 days advance notice for any or no reason; and without advance notice if the CLIENT violates the clauses of this agreement including LIBEL or DEFAMATION OF CHARACTER. CLIENT has the right to terminate the services at any time with a written notice sent by mail to Emuzement Net Inc, 4532 West Kennedy Blvd, Ste 180, Tampa, FL 33609, or by eMail. Both parties agree that there will be no monetary compensation for terminated services regardless of the reason. No refunds. No pro-rate.
- Automatic account upgrade. PROVIDER may opt to upgrade with e-mail notice, a CLIENT's web hosting account, which do not comply with the restrictions of metered plans with traffic charges and/or web space charges. This upgrade will be done for clients determined by PROVIDER to be very active and must maintain an un-interupted website presence. The upgrade will incur charges for any file transfer service and the additional subcription fees for the upgraded hosting package.
- Payments. CLIENT agrees to pay by credit card or Paypal™. CLIENT agrees to provide updated credit card information on-line as may be requested in case his/her card is being declined. CLIENT understands that non-payment will result in automatic "hold" on his/her account. During the hold period the web site will not be accessible. The account will be "reactivated" after payment in full is received. Credit card details are stored securely in an encrypted format at our merchant service's database and will be automatically charged at the annual renewal rate when due unless notified prior to expiration date of service. CLIENT understands that any other services provided by Emuzement Net Inc will be invoiced via our billing program and displayed in the client area of the web site at https://websitedons.com/accounts/clientarea.php where the client can access and submit payment. CLIENT understands that at 3 AM eastern time daily the billing program will charge the card on file for the total amount due.
Refund is available for hosting account purchases within 15 days of purchase, and only if no hosting account was provided by WebsiteDons.com within the 15 day period, or the hosting account provided was incompatible with the client's application. Complete service package purchase refunds must be requested within 1 hour of purchase or before any production time is input. No refunds on website services performed by PROVIDER including design, software development, content entry or on domain names. Rejection of a custom website design or software is not an indication of the job not done and does not qualify for refunds. The provider's service fees are charged for man-hours.
Software purchases are non-refundable. It is the buyer's responsibility to confirm that the requirements for use of any purchased software is in order on their hosting service or local computer..
- Late Payment. CLIENT agrees to pay a one time penalty of 6% of the amount due plus $10 per month for delayed payments.
- Lawful use of INTERNET. CLIENT agrees to use INTERNET in accordance with the law and with the ethical rules established or to be set up in the future.
- No solicitation. CLIENT agrees not to approach PROVIDER's employees with proposals to hire them as his own employees or contractors. If CLIENT were to hire any of PROVIDER's employees, CLIENT agrees to pay PROVIDER for each employee thus hired the greater amount of: three years salary for that employee as CLIENT is to pay such employee, or $200,000.
- LIMITED LIABILITY. PROVIDER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, PHONE BILLS, COMMUNICATION LINES BILLS, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. FURTHER, PROVIDER WILL NOT CENSOR ANY CONTENT ON THE INTERNET. IT WILL BE CLIENT'S RESPONSIBILITY FOR THE USAGE OF HIS ACCOUNT AND ANY CONSEQUENCES OF THIS USAGE.
- Indemnification. CLIENT shall indemnify, defend by counsel reasonably accepted by PROVIDER, protect and hold PROVIDER harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the web hosting and other services provided by PROVIDER to the CLIENT.
- Security and Integrity of Information. Each hosted website's security and content integrity are the sole responsibility of the website owner/CLIENT. Although PROVIDER implements the latest software technology for server security, there is no guarantee that each hosted website is absolutely secured or never may be destroyed by determined website hackers. A website hacker is human so it requires human interaction to constantly monitor their website files and content. Because of the existence of hackers, software needs accompanying software designed to specifically defend against known attacks. It is the CLIENT's responsibility to shop for the most qualified software that will help to secure their website. CLIENT should review website security recommendations at PROVIDER's website security guide. If a CLIENT's website uses a website management software, commonly known as CMS, it is the CLIENT's responsibility that the CMS and any third-party extensions are always using the current versions which will have fixes to eliminate known vulnerabilities. CLIENT agrees to keep the PROVIDER harmless in case of loss of information or loss of privacy. PROVIDER will periodically update the server software as new versions become available. The updates may adversely affect CLIENT website due to incompatibility if CLIENT is using a dynamic website software such as a content management system, and said software is outdated. The CLIENT is responsible for updating their website software. PROVIDER will not be liable for any dysfunction caused by incompatibilities.
- Commissions are paid when the total is $100US or greater.
- Payments are made via PayPal or Payoneer
- Entire Agreement. This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.
- Modification. This Agreement shall not be modified, amended, canceled or in any way altered, nor may it be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by both of the parties hereto.
- Waiver. Performance of any obligation required of a party thereunder may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement.
- Severability. If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed severable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms.
- Governing Law. This Agreement was entered into in the State of Florida and its validity, construction, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of Florida applicable to contracts entered into and performed entirely within the State of Florida.
- Authority to Execute. Each of the parties to this Agreement represents and warrants that it has full power to enter into this Agreement and that it hasn't assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this Agreement.
- Benefit of Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and except as otherwise provided herein, their respective legal successors and permitted assigns.
- Cumulative Remedies. Except as specifically provided herein, no remedy made available to either party hereunder is intended to be exclusive of any other remedy provided hereunder or available at law or in equity.
- No Partnership or Agency. Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between the parties, nor shall either party have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party hereto, it being understood that the parties are independent contractors vis-a-vis one another.
- No Third Party Beneficiaries. Nothing contained in this Agreement, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.
- Excused Performances. Provider shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond Provider's reasonable control. In the event of any such delay or failure, performance of the Services shall be deferred to a date and time mutually agreeable by the parties.
- Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
- Captions. The section headings and captions contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this Agreement.
- Gender. Where the context so requires, the masculine gender shall include the feminine or neuter, and the singular shall include the plural and the plural the singular.
- Recitals. The recitals above set forth are incorporated herein by reference.
- Arbitration. Any dispute arising under this agreement shall be resolved by binding arbitration in the city of Tampa, Florida and under the rules of the American Arbitration Association.
Last revised - 7/3/2010