Welcome
to Topclasshost Web Hosting! This Hosting Agreement ("Agreement") governs
your purchase and use of all Web site hosting services, including the
Dedicated Hosting Services, Virtual Private Hosting Services and the
Shared Hosting Services (collectively, the "Services"), as described in
the Order Form, that you order and Topclasshost accepts. Your agreement to
be bound by these terms is acknowledged by checking the 'Check to Agree'
check box on the order page and/or your use of the Topclasshost Web Site,
Hosting Services, Support Services and/or any Topclasshost software made
available to you.
1 FEES & PAYMENT OF FEES
1.1 Topclasshost charges a periodic service fee which in some cases may be
refundable as further set forth elsewhere herein. According to the
services you order from Topclasshost, Topclasshost may also charge you for
Domain Registration Fees and specifically reserves the right to institute
additional charges upon notice to you. Topclasshost further reserves the
right to institute new services and charge fees in association with the
provision of such new services as it deems appropriate.
1.2 Topclasshost reserves the right to offer subsequent promotional rates
which may or may not be more favorable than the terms under which you
entered this agreement. Any such periodic special rates shall not effect
the then existing rights and responsibilities of each party.
1.3 Payment of Fees - Topclasshost accepts payment by Credit Card,
e-check, personal check, money order and PayPal.
1.4 Payment by Credit Card
1.4.1 Prior to activation of your user account and at any applicable time
thereafter you agree to allow Topclasshost, PayPal or 2Checkout 'the
authorized retailer for services provided by Topclasshost' to charge your provided credit or
debit card and at stated regular intervals the agreed service fee amount
for the stated period together with any other charges outlined herein as
may be applicable. You further authorize Topclasshost, PayPal or 2Checkout
'the authorized retailer for services provided by Topclasshost' to charge your
credit or debit card for all subsequent period fees at, or a reasonable
period in advance of, the commencement of any such subsequent period. You
agree to maintain current valid existing credit or debit card information
with 2Checkout 'the authorized retailer for services provided by Topclasshost' for
the purpose of satisfying the Topclasshost charges as they become due.
Refusal or rejection of any such charge or any portion thereof is grounds
for account suspension and/or termination at the sole option of
Topclasshost under Paragraph 8 herein.
1.5 Payment by Check
1.5.1 Prior to activation of your user account you agree to submit a check
payable in either U.S. dollars, Canadian dollars or U.K Sterling.
Topclasshost is under no obligation to initiate service until the proceeds
of such check have been cleared by such financial institution and have
been received by Topclasshost. Payment for subsequent fees are due and
payable immediately upon invoice and in no instance later than the
expiration of the last day of the previous period without regard to any
invoice. It is your responsibility when paying by check to make sure that
your payment is received by Topclasshost. The refusal, rejection or return
of any such check for any reason whatsoever or any portion thereof is
grounds for account suspension and/or termination at the sole option of
Topclasshost under Paragraph 8 herein.
1.5.2 It is recommended that in order to avoid any service interruption
that you submit your payment to Topclasshost a sufficient time before the
expiration of the current service period so that it reaches Topclasshost
in advance of the renewal date.
1.6 30 Day Guarantee. If you are not fully satisfied with the Shared
Hosting Services, you may terminate this Agreement at any time during the
first 30 days from your initial order date and receive a full refund of
all payments you made to Topclasshost for the Shared Hosting Services. To
receive your refund, you must terminate this Agreement in the manner
described in Section 8.2, cease using the Services, and Topclasshost must
receive your termination notice within the 30-day period. Please include
in your notice the reasons why you are not satisfied with the Services.
2 WEB HOSTING SERVICES
For the term of the agreement as set forth herein Topclasshost agrees to
provide web hosting services according to the plan selected by you upon
activation of your account. Topclasshost reserves the right to change,
amend and/or otherwise alter the services provided with equivalent or
otherwise equal services without prior notice to you.
3 DOMAIN REGISTRATION SERVICES
As part of the Services, you will provide Topclasshost with a registered
domain name or names, or Topclasshost will register domain name(s) you
select if the domain name is available for registration and does not
violate any Network Solutions' or other registration services' policies,
or any law or regulation. If any dispute or cause of action arises out of
or is related to your domain name used in connection with the Services,
then upon your request, Topclasshost will attempt to register with Network
Solutions or other registrar an alternative domain name you chose. Upon
registering your domain name, you are bound by the terms of Network
Solutions' then current domain name policy and the policies of the
national DNS registration authorities. Topclasshost will not refund any
fees you paid with respect to the registration of a domain name you are
unable to use. If you received a "Free Domain Name Registration" offer
when you signed up for the Services, and you terminate the Services within
1 year of the domain name registration, you agree to immediately pay
Topclasshost the full retail price for the domain name registration -
currently $15. Topclasshost provides this service as a convenience
to you only and you hereby waive any and all claims which you may have, or
which may later arise, against Topclasshost for any and all damages,
losses, claims or expenses arising or related to the acquisition,
registration and/or use of the Domain Name.
3.1 At a Customer’s request, Topclasshost may also acquire a Second-Level
Domain Name (“Domain Name”), on behalf of a Customer. Topclasshost will
not own or otherwise control any domain name registered on your behalf
under this paragraph. Topclasshost provides this service as a convenience
to you only and you hereby waive any and all claims which you may have, or
which may later arise, against Topclasshost for any and all damages,
losses, claims or expenses arising or related to the acquisition,
registration and/or use of the Domain Name. Any costs incurred by
Topclasshost to obtain and/or maintain the Domain Name on your behalf
shall be charged to you by Topclasshost under the provision therefore
elsewhere herein.
4 ACCEPTABLE USE
Topclasshost strictly enforces compliance with its acceptable use terms
under this paragraph (4) four. You agree to maintain your website in full
compliance with the terms set forth below. Failure to so comply is cause
for immediate suspension and possible termination under paragraph (8)
herein.
4.1 You agree that you will not violate the laws, regulations, ordinances
or other such requirements of any applicable Federal, State or local
government.
4.2 You agree not to cause any harm to minors of any kind or to perform
any activity which is likely to cause such harm.
4.3 You agree not to take any action which encourages or consists of any
threat of harm of any kind to any person or property
4.4 You agree not to transmit any unsolicited commercial or bulk email.
You will not engage in any activity known or considered to be “spamming”
or “Mail Bombing”
4.5 You agree not to make any inappropriate communication to any
Newsgroup, Mailing List, Chat Facility, or other Internet Forum.
4.6 You agree not to make or attempt any unauthorized access to any
Topclasshost website or the website of any Topclasshost customer.
4.7 You agree not to infringe any copyright, trademark, patent, trade
secret, or other proprietary rights of any third party, including, but not
limited to, the unauthorized copying of copyrighted material, the
digitization and distribution of photographs from magazines, books, or
other copyrighted sources, and the unauthorized transmittal of copyrighted
software. Warez (pirated software) is strictly prohibited on our servers
4.8 You agree not to collect or attempt to collect personally identifiable
information of any person or entity without their express written consent.
You shall maintain records of any such written consent throughout the
terms of this agreement and for three years thereafter.
4.9 You agree not to undertake any action which is harmful or potentially
harmful to the Topclasshost server structure.
4.10 You agree not to store, distribute or link to material orientated
towards pornography, racism or 'Hate Sites'.
5 LICENSE
Topclasshost pursuant to the terms and conditions set forth herein hereby
grants you a non-exclusive, limited, personal, non-transferable license to
use the Topclasshost Web Hosting Service for the term of the agreement as
set forth herein.
6 OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY
6.1 It is understood and agreed that during the term of this agreement and
thereafter you may come into possession of information which is the
confidential and proprietary information of Topclasshost including but not
limited to the Topclasshost customer service and maintenance tools. You
acknowledge that all right and title to any such Topclasshost intellectual
property shall remain the sole property of Topclasshost and that you have
no right, title or interest therein. You further agree not to provide
access to the Topclasshost services to any third party. You agree yourself
and not to assist any third party in any way to translate, decompile,
reverse engineer, disassemble, modify, reproduce, rent, lease, lend,
license, distribute, market or otherwise dispose of any portion of the
Topclasshost Services. Any and all right or title to any engineering,
coding, programming or customer service work around or other modification
of the Topclasshost service shall also remain the sole property or
Topclasshost.
6.2 During the term of this agreement you may have access to certain
information and materials relating to the Topclasshost business,
customers, software technology and marketing which Topclasshost treats as
confidential (hereinafter “Confidential Information”). You agree to at all
times during the term of this agreement and otherwise as set forth herein:
(i) hold in confidence, and not disclose or reveal to any person or
entity, any “Confidential Information” without the express prior written
consent of Topclasshost; and (ii) not use or disclose any of the
“Confidential Information” for any purpose at any time, other than
pursuant to your rights under this agreement for the purpose intended.
These obligations shall continue indefinitely for so long as the
Confidential Information is a trade secret under applicable law and shall
continue for three (3) years following termination of this Agreement with
respect to Confidential Information, which does not rise to the level of a
trade secret.
7 TERM
The initial term of this agreement shall be one (1) month with automatic
renewal for subsequent additional months after the expiration of the
initial term. Topclasshost reserves the right to accept pre-payment of
renewal periods and may from time to time offer financial incentives for
such pre-payment. The term of the agreement, however, shall remain one (1)
month.
8 SUSPENSION AND TERMINATION
8.1 Suspension - At the sole option of Topclasshost for any reason set forth
herein or in the event that you breach any term of this
agreement including but not limited to Section 1 (Payment of Fees) and Section 4
(Acceptable Use Policy) Topclasshost may suspend your account by
deactivating any access by you or by web users to any information
contained on the Topclasshost servers related to your account. Suspension shall
specifically include the disabling of your hosted domain and/or any access to
information or data related to your account. In the event of any such suspension
you will be notified and upon our sole discretion given an opportunity to correct
such breach. In the event that we deem it acceptable to allow you the opprtuntity
to correct the breach and such breach is not corrected within 24 hours the
account may be terminated under paragraph 8.2.
8.2 Termination - This agreement and all of it’s terms shall remain in
full force and effect until it is terminated. Termination shall include
the removal of any and all of your information from the Topclasshost
servers. Such information or data may or may not be made available to you
by Topclasshost after any such termination. This agreement may be
terminated either (a) after a period of suspension as set forth in
paragraph 8.1 or (b) by either party upon 45 days notice in advance of a
renewal period for any reason or (c) at the sole option of Topclasshost
for any reason we deem appropriate. You must provide Topclasshost with your
notice of termination by sending an email to 'billing@topclasshost.com'
with your domain name, user name and contact details.
8.3 In the event of termination under paragraph 8.2 there will be no refund
provided to you.
9 NOTICE
9.1 Any notice under this agreement shall be given by Topclasshost to you
via email at the address provided by you to Topclasshost at the
commencement of this agreement or as Topclasshost is subsequently advised.
Notice to you at this address is deemed sufficient regardless of your
receipt of such email. If you wish to update your email address you should
do so using your hosting control panel.
9.2 Any notice by you to Topclasshost may be sent via E-Mail to the
following Address: topclasshost@topclasshost.com
10 SURVIVAL
Sections 1, 3 through 6, 8, 9, 11, 12, and 14 through 18, inclusive, of
this agreement shall survive the termination of this agreement and shall
remain in full force and effect after any such termination.
11 WARRANTEES AND LIMITATIONS
11.1 Topclasshost makes every reasonable effort to maintain operation of
the Topclasshost service however because many events and circumstances are
beyond the control of Topclasshost, Topclasshost does not in any way
warrant or otherwise guarantee the availability of the Topclasshost system
or servers and is not responsible for any delay or loss of data, lack of
connection, slow connection, or any other such issues whether due to the
active or passive negligence of Topclasshost.
11.2 THE Topclasshost SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND
WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE.
11.3 In general, Topclasshost has no control over information contained on
the Internet. Information obtained by you from the Internet may be
inaccurate, offensive or in some cases even illegal. Topclasshost accepts
no responsibility for any information which you receive from the Internet.
You accept full responsibility to verify the truth and accuracy, legality
and ownership of the information that you obtain from the Internet as well
as the reputation of the individuals with whom you may deal. Topclasshost
provides no warrantee for any goods or services which you obtain over the
Internet nor the compatibility of any such services with the Topclasshost
system.
11.4 You specifically hereby waive any claim for damages of any kind
whether direct, indirect, special, exemplary, punitive, incidental or
consequential, loss of profits or loss of business as the result of any
action taken in response to any claim of copyright infringement without
regard to whether or not the material claimed to have been infringing is
later found to be infringing.
11.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF
ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT
WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES
PAID BY YOU TO TOPCLASSHOST IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY
ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL TOPCLASSHOST
BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT
OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY
SUCH DAMAGES.
12 INDEMNITY
12.1 You agree to fully defend and indemnify and hold harmless
Topclasshost of and from any and all third party claims, causes of action,
demands, costs, damages including both direct and consequential damages,
specifically including attorneys fees and costs, expert fees and costs and
mediation and/or arbitration fees and costs incurred (whether paid or not)
as the result of any breach or claim of breach of this agreement or your
negligence whether active or passive or any negligence of Topclasshost in
any way related to your use of the Topclasshost service or any portion
thereof.
12.2 You agree to fully defend and indemnify and hold harmless
Topclasshost of and from any and all third party claims, causes of action,
demands, costs, damages including both direct and consequential damages,
specifically including attorneys fees and costs, expert fees and costs and
mediation and/or arbitration fees and costs incurred (whether paid or not)
as the result of any violation or claimed violation of any copyright or
other intellectual property right of any third party which is in any way
related to your use of the Topclasshost service or any portion thereof.
Choice of counsel remains exclusively that of Topclasshost.
12.3 You agree that upon the assignment of your user ID and password that
you will maintain the confidentiality of your account information and
assume all responsibility of and from any loss, theft or other destruction
of any data as the result of any access to your account via the use of
your user ID. You further agree to defend and indemnify and hold harmless
Topclasshost of and from any and all third party claims, causes of action,
demands, costs, damages including both direct and consequential damages,
specifically including attorneys fees and costs, expert fees and costs and
mediation and/or arbitration fees and costs incurred (whether paid or not)
as the result of any claim for damages in any way related to the
disclosure of your confidential User ID and Password information. Choice
of counsel remains exclusively that of Topclasshost.
13 FORCE MAJEURE
Either party to this agreement shall be excused from any delay or failure
in performance hereunder caused by reason of any occurrence or contingency
beyond its reasonable control, including but not limited to, acts of God,
earthquake, labor disputes and strikes, riots, war, and governmental
requirements. The obligations and rights of the party so excused shall be
extended on a day-to-day basis for the period of time equal to that of the
underlying cause of the delay.
14 ASSIGNMENT
This agreement and the rights hereunder is not assignable or transferable
except that Topclasshost may assign it’s rights hereunder to any person or
entity who shall become a principal owner of Topclasshost. Any other
attempted transfer or assignment of rights hereunder shall be null and
void ab initio.
15 SEVERABILITY
If any term, clause or provision hereof is held invalid or unenforceable
by a court of competent jurisdiction, such invalidity shall not affect the
validity or operation of any other term, clause or provision and such
invalid term, clause or provision shall be deemed to be severed from the
Agreement.
16 NO AGENCY
Notwithstanding any other provision of this agreement, Topclasshost is not
your agent, partner or joint venturer in any respect.
17 AMENDMENT
Topclasshost may without advance notice amend this Agreement from time to
time, and will do so by posting the new Agreement on the Topclasshost web
site in place of the old. Each and every such amendment shall be become
effective immediately for all pre-existing and future accounts.
