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This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, Dedicated Servers, e-commerce, Domain Registrations and other Internet-related services provided by PremierWebsiteSolutions.com, (the "Services"). As used in this Agreement, "Premier Website Solutions" means PremierWebsiteSolutions.com, and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Premier Website Solutions site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Premier Website Solutions Site" refers to the Site located at the URL http://www.PremierWebsiteSolutions.com, or any other successor Sites owned or maintained by Premier Website Solutions.
In addition to the following, the Acceptable Use Policies provide more detailed information regarding what is acceptable use of our products and services.
Appropriate Use of the Services
Client Content
Disk Space
Data Transfer
Licensed Software
Back-up Files and Processing
Termination
Payment Obligations
Service Fees
Late Payments
Returned Items Fees
Taxes
Domain Names
Client Contact Information
Free Web Site Hosting Requirements
Client Liability and Indemnification
Term, Termination and Reinstatement
Taxes
Disclaimer of Warranty
Limitation of Liability
Miscellaneous
Appropriate Use of the Services
Premier Website Solutions provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.
Client Content
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Premier Website Solutions server in connection with Client's use of the Services which:
- violate any state, federal or foreign laws or regulations
- infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of Premier Website Solutions or any third party
- are defamatory, slanderous or trade libelous
- are threatening or harassing
- are discriminatory based on gender, race, age or promotes hate
- violate any Premier Website Solutions policy posted on the Premier Website Solutions site including but not limited to those listed in our Terms of Service (TOS)
- contain viruses or other computer programming defects which result in damage to Premier Website Solutions or any third party
Disk Space
Virtual, Reseller, and Bulk Reseller Accounts: Client may occupy only the amount of disk space on the Premier Website Solutions Server that is allotted by Premier Website Solutions. Additional fees, specified in the hosting plans, will be charged for exceeding the disk space. Disk space measurement includes all customer content and generated content from their web site and includes but is not limited to MySQL data, Mailing List data and data in /home/user directories for virtual accounts. Premier Website Solutions is not responsible for measurements provided by individual control panel software, which is 3rd party software not controlled by Premier Website Solutions, which may or may not include all of the customer data in their measurements.
Virtual Private Servers and Dedicated Servers: The Disk Drive and/or Disk Space Quota for these accounts is hard quota based and clients have full access and rights to the disk space. Available disk space for the Client excludes the space required for the Operating System, Control Panel and other Services that come with the server set up which is selected by the client. Client has full control of all disk space for these accounts and may remove, delete and/or alter the installed files and configurations. However, removing, altering or deleting the files and base configurations installed by Premier Website Solutions and/or in the case of the Control Panels, is not part of the 3rd party software released packages, patches, fixes and or upgrades, places all software support for that account/server into a fee based category. Refer to our Support Policy for details regarding free versus fee based support.
Data Transfer
Data Transfer is measured by the calendar month regardless of what day your account was created. We do not, by default, limit the amount of transfer to the account/server quota unless required by the control panel software. If a Virtual/Shared Server Client wishes to have their transfer capped, we will do so upon request, software permitting. It is your responsibility to monitor the transfer used unless you request the transfer cap. The web based control panel provided with all accounts, records fairly accurately the transfer used by the most common sources, but does not record some transfer usage, like, but not limited to, backend scripts, or use of our SSL certificate. We do TRY to warn you when you are about to exceed your prepaid transfer, but without requesting a transfer cap, it is your responsibility to pay for any excess transfer used.
Virtual Private Server (VPS) and Dedicated Accounts are limited only to port speed. Default port setting is 10 Meg. Additional fees, specified in the account plan will be charged for exceeding the network transfer allowance of your selected plan/server. We DO NOT notify you when you are about to exceed your prepaid transfer.
Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client's use of the services.
Back-up Files and Processing
Virtual/Shared Hosting Clients will have the ability to reinstate files which are automatically archived by Premier Website Solutions upon request for a minimal fee; however, Premier Website Solutions does not guarantee the existence, accuracy, or regularity of its backup services, and therefore, Client is responsible for making back-up files in connection with its use of the services. Premier Website Solutions automatic backups are run daily and kept for two (2) days. The accuracy and quality of backup processes provided by 3rd party software, such as the individual 3rd party control panels, is not guaranteed by Premier Website Solutions. Some of our hosting packages include backup software, but it is recommended that you keep a copy of your web site on your own computer.
For Clients using 'paid for' Back up processing services, Premier Website Solutions will disclose their guarantee within the products page for that service. On Dedicated Servers with the on-board backup option, they are paying for the additional disk drive only. Premier Website Solutions will provide and install the backup script for our clients upon request, but the running of cron jobs and services is the responsibility of the server owner. The backup script can be set up to generate a daily email with results to assist Client in monitoring. For mission critical data, Premier Website Solutions highly recommends higher quality off-server backup services than what an on-board backup drive can provide. Doing periodic local backups is also highly recommended and prudent business practice.
Termination
Premier Website Solutions reserves the right to refuse service to anyone. Premier Website Solutions, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the services, please contact abuse@PremierWebsiteSolutions.com.
Payment Obligations
Service Fees. Within five (5) business days of the Client's billing date, Premier Website Solutions shall send Client an invoice by e-mail in accordance with the applicable Services fees for services rendered for the current billing period, and either:
(i) debit Client's credit card (where such information is provided by Client) or
(ii) expect Client to make payment by an acceptable method specified with the invoice
Payment by Credit Card: When a credit card payment is denied, a notice will be sent to Client, and the charge will be attempted again 2 to 3 business days later. If the second attempt fails, Client will be notified again and be requested to make the payment in another form. Payment will be due within ten (10) days of original invoice date, or five (5) business days of the second notice, whichever is later. Payments by mail must be postmarked within that time period.
Payment by Other Means: If payment is made by another means, Client shall remit payment to Premier Website Solutions by no later than ten (10) days after the invoice date. Payments by mail must be postmarked within ten (10) days of the invoice date. Premier Website Solutions shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Premier Website Solutions. Certain services carry a set-up fee charged by Premier Website Solutions to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement, Client shall be responsible for any outstanding fees owed to Premier Website Solutions and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, unless a contract is in place, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate in the middle of the monthly period, Client will still owe fees for the entire monthly period and such fees will not be pro-rated or refunded. The only exeption is our initial 30 day guarantee. If Client terminates an account within the first 30 days, there will be a full refund for hosting charges, but there will be no refund on Domain registrations. If Client has pre-paid Premier Website Solutions for such Services, refunds will be issued for any unused full month portions upon Clients request, but the refund will be adjusted to compensate for the discount that was applied. Notice of termination must be given at least 2 days before the billing date to cancel before the following monthly period.
Late Payments. If payment is not received within ten (10) days of the invoice date, we will send you one reminder providing an additional ten (10) day grace period. If payment is not received within twenty (20) days of the invoice date, your account will be suspended and you will be assessed a late fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is lower, with a minimum fee of Five Dollars ($5.00) US.
If within a total of thirty (30) days from the invoice date, the client's account is still overdue, the account will be terminated, and if required, legal action may be taken to obtain fees due. Client also shall pay to Premier Website Solutions all expenses incurred by Premier Website Solutions in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable attorneys' fees and the fees of any collection agency retained by Premier Website Solutions. Late Fees will continue to accrue as long as there is an outstanding balance.
Returned Item Fee. Accounts with returned checks and/or e-checks will be assessed a Twelve Dollars ($12.00) US returned item fee.
Taxes. Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.
Domain Names. If Client chooses to register their domain name(s) through Premier Website Solutions, Client acknowledges and agrees that registration fee(s) to register the domain name(s) will be paid to Premier Website Solutions. We will then register the domain(s) with the applicable domain name registrar and handle all technical domain name matters for the paid registration period. We will be the Technical Contact, and you will have the choice of who will be the Administrative Contact, and whether the domain(s) will be registered in your name or ours. If you later choose to handle the domain name records yourself, we will transfer your domain(s) to your own account, possibly for a small fee, and we will no longer be responsible for your domain name records.
Premier Website Solutions does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
Requests to modify Domain Name Records, or to transfer full control to Client, can be made here.
For more details, see our Domain Name Registration 'Terms and Conditions' here.
Free Web Site Hosting Requirements
Our free hosting plans have advertising requirements as specified in the hosting section of our websites, and also mentioned in the email you receive when signing up for one of these plans. These requirements can be seen here. If your site does not meet these requirements, we may edit your site as needed, or request you to do so. If we need to do this more than three (3) times, you will automatically be switched to our paid hosting plan and be notified of the change, at which time you will be required to make the payment as specified in the "Payment Obligations" above.
Our free hosting packages also have minimum activity requirements to cut down on the wasted server space and availability of username options. For a newly created account, if the site is unused after the initial thirty (30) days, you will receive one email notice, and if it is still unused another thirty (30) days later, the account will be terminated. For all other free hosting accounts, if there is no modification to the site over a 3 month period, you will be emailed to verify the account is still wanted. If there is no reply to the email, or no new work on the web site in the following thirty (30) days, the account will be terminated.
Client Contact Information
Contact Information must be kept up to date. In the event that we attempt to contact you for any reason and find your contact information is not up to date with us, we may, at our discretion, terminate your account. We will attempt to contact you by email, followed by phone call. If neither method works, we will then attempt to contact you by registered postal mail. Phone calls or registered postal mail involve costs which will be added to your account. Depending on the reason we are trying to contact you, we may suspended your account until contact is made.
Contact Information can be updated here.
Client Liability and Indemnification
The parties agree that in no event shall Premier Website Solutions be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Premier Website Solutions from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
Term, Termination & Reinstatement
- Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must request and verify cancellation at least 2 days before the billing date to prevent the next billing.
- If Premier Website Solutions suspends a virtual account for non-payment, Client shall be allowed to re-instate Client's use of the Services within Seven (7) days of cancellation upon approval from Premier Website Solutions and full payment of balances due. A reinstatement fee of Fifteen Dollars ($15.00) US will be applied.
- If Premier Website Solutions disconnects a Dedicated Server or Virtual Private Server for non-payment, the Client shall pay a fee of Fifty Dollars ($50) US prior to any re-instatement of Client's server. Once payment has been received, Client's account will be activated within Forty-eight (48) business hours. Premier Website Solutions will hold the Dedicated Server or Virtual Private Server for Seven (7) days after Premier Website Solutions disconnects the server.
- If a Client terminates their account, Premier Website Solutions will disable the server/account the day the client specifies the account is cancelled. Premier Website Solutions will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.
Taxes
Client will pay and indemnify and hold Premier Website Solutions harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
Disclaimer of Warranty
THE SERVICES, THE PREMIER WEBSITE SOLUTIONS SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE PREMIER WEBSITE SOLUTIONS SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. PREMIER WEBSITE SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PREMIER WEBSITE SOLUTIONS SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
Limitation of Liability
IN NO EVENT SHALL PREMIER WEBSITE SOLUTIONS BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE PREMIER WEBSITE SOLUTIONS SITE OR ANY PREMIER WEBSITE SOLUTIONS PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL PREMIER WEBSITE SOLUTIONS CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500) US.
Miscellaneous
Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
If to Premier Website Solutions:
Premier Website Solutions
18 Osborne Rd.
Athens, ON Canada
K0E 1B0
If to Client:
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Premier Website Solutions. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it's conflict of law rules. This Agreement and Premier Website Solutions' policies are subject to change by Premier Website Solutions without notice. Continued usage of the Services after a change to this Agreement by Premier Website Solutions or after a new policy is implemented and posted on the Premier Website Solutions Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Premier Website Solutions Site for any changes or additions.
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