1. Your Acknowledgment and Acceptance of Terms
2. Description of Services
We make various services available on Our Website (collectively, “Services”). We may also provide updates, other content and/or user forums relating to the Services, and We may permit users to comment, tag or otherwise respond to such content.
By registering for and/or using the Services through Our Website through Your computer, tablet, mobile phone and/or through any of Your other mobile devices, You represent and warrant that:
4. General Terms
You will treat the content on Our Website as Our intellectual property and You shall refrain from using any of Our Website’s content in any manner whatsoever, except for non-commercial, personal, informational purposes, without Our express written consent. The “Web Hosting for Students™” name and logo are Our trademarks and may not be copied, imitated or used, in whole or in part, without Our prior written consent.
You agree not to indulge in spamming techniques by sending unsolicited commercial and/or other emails to any person, as determined in Our sole discretion. Unsolicited email communication includes, but is not limited to:
You agree not to use Our Website for chain letters, phishing, spoofing and/or sending any message and/or material that is (a) libelous, defamatory, obscene, pornographic, threatening, invasive of publicity rights, abusive or illegal; (b) violates the copyright, patent, trade secret or any other rights of a third party; or (c) otherwise gives rise to liability or violates any other applicable law.
You agree not to spread technological nuisances, including viruses, Trojans, worms or any other software programs intended to damage, destroy, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information on other computer systems (collectively, the “Technological Nuisances Provision”).
You agree not to, directly or indirectly, reverse engineer, decompile, disassemble and/or otherwise attempt to discover the source code, object code and/or underlying structure, ideas and/or algorithms found at or through Our Website and/or any software, documentation and/or data related to Our Website.
You agree not to copy, distribute, pledge, assign and/or otherwise transfer or encumber any rights that You may have to Our Website.
5. Registration Data and Privacy
You may browse Our Website without registering for an account. However, in order to access some of the Services, You may be required to use an account and password that can be obtained by completing a registration form, which requests certain information and data from You (collectively, “Registration Data”), and maintaining and updating Your Registration Data as required. By registering, You agree that all information provided in the Registration Data is true and accurate and that You will maintain and update this Registration Data as required, in order to keep such Registration Data current, complete and accurate.
6. Information Collection and Privacy
7. Conduct on Our Website
Your use of Our Website and of Your Hosted Websites is subject to all applicable laws and regulations, and You are solely responsible for the substance of Your communications through Our Website and Your Hosted Websites. By posting information in or otherwise using any communications service, comments service, tag service, chat room, message board, newsgroup, software library or other interactive service that may be available to You on or through Our Website or on Your Hosted Websites, You agree that You will not upload, share, post or otherwise distribute or facilitate distribution of any content, including, but not limited to, text, communications, software, images, sounds, data and/or other information that:
a. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals) or otherwise violates Our rules or policies;
b. Victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
c. Infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party, which includes, but is not limited to, posting text or photographs that You did not write or take without the consent of the person or company who owns the copyrights in such text or photographs;
d. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as spamming), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. Contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. Impersonates any person or entity, including, but not limited to, any of Our owners, affiliated companies, officers, members, managers, suppliers, partners, sponsors or advertisers; or
g. Constitutes student education records which are subject to The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) or any similar laws.
In addition, You may not use Your account to breach the security of another user’s account or attempt to gain unauthorized access to another network or server. Examples of prohibited activities, content and links include (but are not limited to):
Not all features of Our Website may be available to You or other authorized users of Our Website. You shall not interfere with any third party’s use and enjoyment of Our Website. Users who violate systems or network security may also incur criminal or civil liability.
8. Third Party Websites and Information
Our Website may include links to other websites or otherwise include references to information, documents, software, materials and/or services provided by third parties. These websites may contain information and/or material that some people may find inappropriate or offensive. These other websites and third parties are not under Our control, and You acknowledge and agree that We are not responsible for the accuracy, copyright compliance, legality, decency and/or any other aspect of the content of such websites, nor are We responsible for errors or omissions in any references to third parties or their products and/or services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, Our Website or by Us, OR ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
9. Intellectual Property Information
Neither We nor Our Affiliates warrant or represent that Your use of materials displayed on, or obtained through, Our Website will not infringe the rights of any third parties. See Section 10 below for a description of the procedures to be followed in the event that any party believes that any content posted on Our Website infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party.
10. Unauthorized Use of Materials
Please do not submit confidential and/or proprietary information to Us, unless We have mutually agreed in writing otherwise. We are also unable to accept Your unsolicited ideas or proposals, so please do not submit them to Us in any circumstance.
We respect the intellectual property of others and We ask You to do the same. If You or any user of Our Website or Your Websites believe that its copyright, trademark or other property rights have been infringed upon by a posting on Our Website or Your Hosted Websites, You or the user should immediately send notification to Our Designated Agent (as identified in Section 10(h)). To be effective, such notification must:
a. Identify in sufficient detail the copyrighted work that You believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed;
b. Identify the material that You claim is infringing upon the copyrighted work listed in item Section 10(a);
c. Provide information reasonably sufficient to permit Us to contact You (Your email address is preferred);
d. Provide information, if possible, sufficient to permit Us to notify the owner and/or administrator of the allegedly infringing webpage or other content (an email address is preferred);
e. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, the copyright owner’s agent or the law.”
f. Include the following statement: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
g. Sign the notification.
h. Send the written notification to the following address:
Contact: [Zac Gordon], “Designated Agent”
Address: [PREFERRED BUSINESS ADDRESS]
Phone: [PREFERRED BUSINESS PHONE NUMBER]
Email: [PREFERRED BUSINESS EMAIL]
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, We may immediately remove the identified materials from Our Website or Your Hosted Website without liability to You or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
11. Bandwidth Measurement and Overage Fees
All bandwidth listings for Our Services consist of the sum of incoming and outgoing bandwidth allowance. Incoming and outgoing bandwidth allowances are calculated on a 50/50 split of incoming to outgoing bandwidth based on the total bandwidth, therefore the incoming and outgoing bandwidth allowances are each half of the total listed bandwidth. Any bandwidth usage exceeding either the incoming or outgoing bandwidth total will be billed at Our standard rates as posted on Our Website at the time that You or Your Hosted Websites exceed allocations.
12. Scheduled Maintenance and Downtime
We will use its commercially reasonably efforts to ensure that the Services we provide are operational and accessible at all times. You acknowledge that from time to time the Services, including but not limited to Our Website and Your Hosted Websites, may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”), or for service malfunctions and causes beyond our control or which are not reasonably foreseeable by Us. These causes could include the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. We will provide at least forty-eight (48) hours advance notice to You for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of Our Services. We disclaim all responsibility for downtime resulting from Your actions.
13. Account Setup, Billing, Cancellation and Refunds
Your account will be charged for any Services you request on the day the order is processed, regardless of the account billing date. Your account will not be charged again until the next billing cycle.
You may cancel any Services by providing notice to Us through Our Website. Valid proof of account ownership will be required to cancel and terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.
14. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON Our Website ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND/OR MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES AND/OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND/OR MATERIALS WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES AND/OR INFORMATION PURCHASED OR OBTAINED BY YOU USING Our Website FROM US AND/OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
Our Website COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND/OR SERVICES AVAILABLE ON Our Website, INCLUDING, BUT NOT LIMITED TO, ANY PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED, AT ANY TIME WITHOUT NOTICE. THE MATERIALS AND/OR SERVICES AVAILABLE ON Our Website MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS AND/OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH Our Website IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, mobile phone and/or any other mobile device AND/OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through Your use of Our Website, You may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise and/or services offered by any third party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and You. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS WITH third parties EXECUTED THROUGH OR IN CONNECTION WITH Our Website, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH Our Website FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OF OUR AFFILIATES.
Content available through Our Website may represent the opinions and judgments of an information provider, website user or other person or entity not connected with Us. We do not endorse, nor are We responsible for the accuracy and/or reliability of, any opinion, advice or statement made by anyone other than an authorized spokesperson of Ours speaking in such authorized spokesperson’s official capacity.
You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that We have no control over third party networks that You may access in the course of Your use of Our Website, and therefore, delays and disruption of other network transmissions are completely beyond Our control.
You understand and agree that the Services are provided “AS IS” and that We assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY SIMILAR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF Our Website OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM Our Website. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100.00) OR (II) THE AMOUNT THAT YOU HAVE PAID US IN THE PAST TWELVE (12) MONTHS.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND/OR SERVICES OFFERED THROUGH Our Website OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH Our Website, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
YOU AGREE THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTIONS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY USE OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION OR ADVERTISING OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by Us, You agree to defend, indemnify and hold Us and Our Affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, that arise from Your use or misuse of Our Website or Your Hosted Websites. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You agree to cooperate with Us in asserting any available defenses.
17. Security and Password
You are solely responsible for maintaining the confidentiality of Your password and account, if any, and for any and all statements made and acts or omissions that occur through the use of Your password and/or account. Therefore, You must take steps to ensure that others do not gain access to Your password and/or account. Our personnel will never ask You for Your password. You may not transfer or share Your account with anyone, and We reserve the right to immediately terminate Your account if You do transfer or share Your account. You may not create an account through any unauthorized means, including, but not limited to, by using an automated device, script, bot, spider, crawler or scraper (collectively, the “Unauthorized Means Provision”). You may not create an account for anyone other than Yourself.
18. Participation in Promotions
From time to time, Our Website may include advertisements offered by third parties. You acknowledge that We may not always identify paid advertisements as such. You may enter into correspondence with or participate in promotions of the advertisers showing their products and/or services on Our Website. Any such correspondence or promotions, including the delivery of and the payment for goods and/or services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and the advertiser. We assume no liability, obligation and/or responsibility for any part of any such correspondence or promotion.
19. Email, Messaging, Blogging, Tagging, Comments and Chat Services
We may employ automated monitoring devices and/or techniques to protect Our users from mass unsolicited communications (also known as spam) and/or other types of electronic communications that We deem to be inconsistent with Our business purposes. However, such devices and/or techniques are not perfect and We will not be responsible for any legitimate communication that is blocked or for any unsolicited communication that is not blocked.
Mailboxes and other features may have a limited storage capacity. If You exceed the maximum permitted storage space, then We may employ automated devices that delete or block email messages and/or other content that exceed any such limits. We will not be responsible for such deleted or blocked messages and/or content.
20. International Use
Although Our Website may be accessible worldwide, We make no representation that the materials on Our Website are appropriate and/or available for use in locations outside the United States, and accessing them from territories where such materials’ contents are illegal is prohibited. Those who choose to use Our Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or information made in connection with Our Website is void where prohibited.
21. Termination of Use
If You have not paid an invoice from Us within fourteen (14) days of the due date, We will suspend all Services to You until the invoice is paid in full. If You fail to pay an invoice from Us within thirty (30) days of the due date, We will terminate all of our Services, including but not limited to Your Hosted Websites.
Upon termination or suspension, regardless of the reasons therefore, Your right to use the Services immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your account and/or Your Hosted Websites, and all related information and files in Your account and/or bar any further access to such files, Our Website or Your Hosted Websites. We shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Us in connection with such termination or suspension. In the event of any such termination or suspension, You will not be entitled to a refund of any or all of the fees that You have paid for Services.
22. Governing Law
Our Website (excluding any linked websites) are controlled by Us from Our offices within the Commonwealth of Virginia, United States of America. Our Website can be accessed from all fifty (50) states, as well as from other jurisdictions and countries around the world. As each of these places has laws that may differ from those of Virginia, by using Our Website both parties agree that the statutes and laws of the State of Virginia, without regard to Virginia’s conflicts of laws principles, and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of Our Website and the purchase of products and/or services available through Our Website. The parties agree and hereby submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the State of Virginia with respect to such matters.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You may opt out of this arbitration provision. If You do so, neither You nor We can require the other party to participate in an arbitration proceeding. In order to opt out of this arbitration provision, You must notify Us in writing within thirty (30) days of the date that You first became subject to this arbitration provision. You must use this address to opt out: [PREFERRED BUSINESS ADDRESS]. You must include Your name, Your residence address, any email address that You use in connection with Your account(s) on Our Website, and a clear statement that You want to opt out of this arbitration provision. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Section 20 shall be null and void. This arbitration provision shall survive the termination of Your relationship with Us.
24. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy and/or use for any commercial purposes any portion of Our Website, or use of or access to Our Website.
In addition to any excuse provided by applicable law, We shall be excused from liability for non-delivery or delay in delivery of products and/or services available through Our Website arising from any event that is beyond Our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, governmental act or regulation and other causes or events beyond Our reasonable control, whether or not similar to those that are enumerated above.
26. Our Contact Information
Web Hosting for Students, LLC, a Virginia limited liability company (“We”, “Our”, “Us” and similar derivatives), accords the highest priority to protecting the privacy of Our users, including you (“You”, “Your” and similar derivatives).
1. Amendments and Updates
2. Last Updated
June 9, 2017
3. Privacy of Children
4. Collection of Information
We may collect personally identifiable information from You, including, but not limited to, Your name, email address, phone number and postal address, when voluntarily submitted to Us by You. Your contact information is used for our internal record keeping and billing purposes, and is also used to provide services to you, such as domain registrations with ICANN approved domain registrars.
We may use third-party analytics tools to analyze Your use of Our Website (including without limitation Your session length and what content You view), Your location, Your mobile phone and/or other mobile device information, any crashes and/or glitches relating to Our Website, and other use and demographic information.
When you register an internet domain through Our Website, we share your information with the ICANN approved domain registrar for the domain that you register in order to process the registration. You may elect to purchase privacy protection for your domain registrations at an additional fee, which limits the information that we share with the ICANN approved registrar when registering your domain.
We do not store any of Your billing or financial account information on Our Website. All of Your billing and financial account information is stored securely by Our payment processing partner.
We may list You as a customer of Ours for promotional purposes. Your name, school name and the services that were provided to You by Us may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on Our Website. This reference will be strictly limited to disclosure that We have provided services to You and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by You as part of Our Services.
5. Opt-In and Opt-Out
We only send news, advertisements, survey requests and updates to individuals who optin to receive such information. If You use Our Website, then You agree to opt-in to receive this information. If You no longer want to receive such information, then You can always change these settings by sending an email to [PREFERRED BUSINESS EMAIL] or by following the instructions in any communication that You receive from Us.
You may also receive mail and/or email from Us containing information on new services, products and/or upcoming events. If You do not wish to receive such mail and/or email, then please let Us know by sending an email to [PREFERRED BUSINESS EMAIL] or by following the instructions in any communication that You receive from Us.
6. Collection and Use of Non-Personal Information
Cookies are small text files that are placed on the hard disk of Your computer system, mobile phone and/or other mobile device by a webpage server. The cookies (and similar technologies) are employed to determine information, such as how You use Our Website and how You use Our services. The cookies are also used to remember the repeat visitors to Our Website without any requirement to login repeatedly while the session is on. Our cookies do not compromise Your privacy or damage Your computer system, mobile phone and/or other mobile device in any manner whatsoever.
8. Third Party Links
Our Website may also contain links to third-party websites of promoters, advertisers, affiliates, partners, agents, etc. However, We do not review, control or monitor in any way the privacy practices of such linked third party websites. Therefore, We recommend that You review the policies and procedures of any linked websites before interacting with them.
9. Disclosure of Information
Our use of Your personal and non-personal information is strictly in accordance with the policies and provisions outlined above, except as it relates to:
10. Ownership and Use of Posted Information