IMPORTANT NOTICE: *All
Payments To WebHostZero (PuraVida Holdings) Are Non-Refundable*
WebHostZero.com ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of WebHostZero Service constitutes acceptance and agreement to WebHostZero's AUP as well as WebHostZero's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of WebHostZero.com and AUP (Acceptable Use Policy) . The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Washington, county of Harris applicable to contracts enforceable in that state. Venue will be Harris County, Washington
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition WebHostZero shall have the right to terminate all service set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment: Establishment of this
service is dependent upon receipt by the Company of payment of stated
charges. Subsequent payments are due on the anniversary date of the
month for that month's service. If you are a resident of Florida,
your purchase of hosting services may be subject to sales tax.
1601NW 97th Ave
Miami, FL 33102
Payments and Fees: Credit cards
that are declined for any reason are subject to a $1.00 declination
fee. Service will be interrupted on accounts that reach 10 days past
due. Service interrupted for nonpayment is subject to a $25 reconnect
charge. Accounts not paid by due date are subject to a $7.95 late
fee. Accounts that are not collectable by WebHostZero may be turned
over to an outside collection agency for collection. If your account
is turned over for collection, you agree to pay the company a "Processing
and Collection" Fee of not less than $50 nor more than $150. Alternatively,
if payment cannot be recovered, all items outstanding may be confiscated
and sold to recoup company losses (possibly including web design,
domain name, etc). If you desire to cancel your account, please follow
the proper procedure to do this as outlined in this TOS.
Refund and Disputes: All payments
to WebHostZero.com are non-refundable. This includes the one time
setup fee and subsequent charges regardless of usage. All overcharges
or billing disputes must be reported within 60 days of the time the
dispute occurred. If you dispute a charge to your credit card issuer
that, in WebHostZero's sole discretion is a valid charge under the
provisions of the TOS and /or AUP, you agree to pay WebHostZero an
"Administrative Fee" of not less than $50 and not more than $150.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation: Requests
for canceling accounts may be made with at least 30 days notice but
not more than 60 days prior written notice as follows:
1) You may call +1.562-508-9001.
2) WebHostZero.com's preferred method of cancellation is via the members
section of your WebHostZero.com account. Please log into the members
section at www.WebHostZero.com and you can request to have your services
cancelled there via the online cancellation form.
If you fail to click on the link within the 48 hours you may re-submit
your cancellation request online via the members section.
**If you do not receive the email we recommend that you contact the customer service department by email, live chat, or phone asap. **
You must have all account information to cancel.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by WebHostZero.com on behalf of the account holder a handling fee will be incurred.
Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to WebHostZero.com will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by WebHostZero.com on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
Support Boundaries: WebHostZero, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: WebHostZero provides support related to your server or virtual site physical functioning. WebHostZero does not offer tech support for application specific issues such as cgi programming, html or any other such issue. WebHostZero does not provide technical support for YOUR customers. If you can email, we encourage you to use our support system for assistance. If you are able to get online and have other questions, the answers may be on our home page here - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
SPAM and Unsolicited Commercial Email (UCE): WebHostZero takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of WebHostZero may not use or permit others to use our network to transact in UCE. Customers of WebHostZero may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
Violation of WebHostZero's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, WebHostZero will initiate an immediate investigation (within 48 hours of notification). During the investigation, WebHostZero may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, WebHostZero may, at its sole discretion, restrict, suspend or terminate customer's account. Further, WebHostZero reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. WebHostZero will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that WebHostZero personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the WebHostZero network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
BEGINNING IMMEDIATELY , anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
- IP Address Ownership: If WebHostZero assigns
Customer an Internet Protocol address for Customer's use, the right
to use that Internet Protocol address shall belong only to WebHostZero,
and Customer shall have no right to use that Internet Protocol address
except as permitted by WebHostZero in its sole discretion in connection
with the Services, during the term of this Agreement. WebHostZero
shall maintain and control ownership of all Internet Protocol numbers
and addresses that may be assigned to Customer by WebHostZero, and
WebHostZero reserves the right to change or remove any and all such
Internet Protocol numbers and addresses, in its sole and absolute
discretion. Our allocation of IP addresses is limited by ARIN's
new policies. These new policies state that use of IP addresses
for IP based virtual hosts will not be accepted as justification
for new IP addresses. What this means to you is that you MUST
use name-based hosting where possible . We will periodically
review IP address usage, and if we find that clients are using IP
addresses where name-based hosting could be used, we will revoke
authorization to use those IP addresses that could be used with
- Bandwidth and Disk Usage: Customer agrees that
bandwidth and disk usage shall not exceed the number of megabytes
per month for the Services ordered by Customer on the Order Form
(the "Agreed Usage"). WebHostZero will monitor Customer's bandwidth
and disk usage. WebHostZero shall have the right to take corrective
action if Customer's bandwidth or disk usage exceeds the Agreed
Usage. Such corrective action may include the assessment of additional
charges, disconnection or discontinuance of any and all Services,
or termination of this Agreement, which actions may be taken is
in WebHostZero's sole and absolute discretion. If WebHostZero takes
any corrective action under this section, Customer shall not be
entitled to a refund of any fees paid in advance prior to such action.
In the event that a customer exceeds the included allocation,
WebHostZero may, at its sole discretion, collect a deposit, in an
amount determined by WebHostZero, against customer's credit card
on file with WebHostZero.
- System and Network Security: Users are prohibited
from violating or attempting to violate the security of the WebHostZero
Network. Violations of system or network security may result in
civil or criminal liability. WebHostZero will investigate occurrences,
which may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting Users who are involved
in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into
a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures
without proper authorization.
- Attempting to interfere with service to any user, host or
network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such
User is not entitled.
- Notification of Violation:
- WebHostZero is under no duty to look at each customer's or user's
activities to determine if a violation of the AUP
has occurred, nor do we assume any responsibility through our
AUP to monitor or police Internet-related activities.
- First violation: Any User, which WebHostZero determines to have
violated any element of this Acceptable Use Policy
, shall receive an email, warning them of the violation. The
service may be subject at WebHostZero's discretion to a temporary
suspension pending a User's agreement in writing, to refrain from
any further violations.
- Second Violation: Users that WebHostZero determines to have committed
a second violation of any element of this Acceptable Use Policy
shall be subject to immediate suspension or termination of service
without further notice.
- We reserve the right, to drop the section of IP space involved
in Spam or Denial-of-Service complaints if it is clear that the
offending activity is causing great harm to parties on the Internet.
In particular, if open relays are on your network or a customer's
network, or if denial of service attacks are originating from your
network. In certain rare cases, we may have to do this before attempting
to contact you. If we do this, we will contact you as soon as is
- Suspension of Service or Cancellation: WebHostZero
reserves the right to suspend network access to any customer if in the
judgment of the WebHostZero network administrators the customer's server
is the source or target of the violation of any of the other terms of
the AUP or for any other reason which WebHostZero
chooses. If inappropriate activity is detected, all accounts of the
Customer in question will be deactivated until an investigation is complete.
Prior notification to the Customer is not assured. In extreme cases,
law enforcement will be contacted regarding the activity. The customer
will not be credited for the time the customer's machines were suspended.
- WebHostZero reserves the right to amend its policies at any time.
All Sub-Networks, resellers and managed servers of WebHostZero must
adhere to the above policies. Failure to follow any term or condition
will be grounds for immediate Cancellation. You will be held responsible
for the actions of your clients in the matter described on these Terms
and conditions. Therefore, it is in your best interest to implement
a similar or stricter Terms and conditions or otherwise called Acceptable
- Indemnification: WebHostZero wishes to emphasize
that in agreeing to the WebHostZero Acceptable Use
Policy (AUP) and Terms of Service (ToS), customer indemnifies WebHostZero
for any violation of the Acceptable Use Policy (AUP)
and Terms of Service (ToS) that results in loss to WebHostZero
or the bringing of any claim against WebHostZero by any third-party.
This means that if WebHostZero is sued because of a customer's or a
customer of a customer's activity, the customer will pay any damages
awarded against WebHostZero, plus all costs and attorney's fees.
- Miscellaneous Provisions: You must provide us with,
and keep current, good contact information for you. E-mail, fax, and
telephone contacts are used, in that order of preference.
- A waiver by the Company of any breach of any provision of this
Agreement by Subscriber shall not operate as or be construed as
a continuing or subsequent waiver thereof or as a waiver of any
breach of any other provision thereof.
- Subscriber shall not transfer or assign this Agreement without
the prior written consent of the Company. Company may assign Agreement
at anytime without consent from or notice to Subscriber. Company
reserves right to cancel customers rights under this contract at
anytime without further obligation.
- WebHostZero takes no responsibility for any material input by
others and not posted to the WebHostZero Network by WebHostZero.
WebHostZero is not responsible for the content of any other websites
linked to the WebHostZero Network; links are provided as Internet
navigation tools only. WebHostZero disclaims any responsibility
for any such inappropriate use and any liability to any person or
party for any other person or party's violation of this policy.
- WebHostZero is not responsible for any damages your business may
suffer. WebHostZero does not make implied or written warranties
for any of our services. WebHostZero denies any warranty or merchantability
for a specific purpose. This includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by WebHostZero.
- It is absolutely forbidden to host pornographic content or IRC
servers on Virtual Server Accounts. Virtual Server Accounts found
hosting this material will be subject to immediate cancellation
- Responsibility for Content: You, as WebHostZero's
customer, are solely responsible for the content stored on and served
by your WebHostZero server.
- Windows Servers: Requirements for using Microsoft
software. Subscribers are prohibited from allowing more than five (5)
authenticated users of the Microsoft Windows Server Operating Systems
under Microsoft licensing terms and could create liability issues with
Microsoft if violated.
Customer agrees not to remove, modify or obscure any copyright, trademark
or other proprietary rights notices that appear on Software Products
or that appear during the use of Software Products. Customer further
agrees not to reverse engineer, decompile, or disassemble the Software
WebHostZero may provide you access to other third party software and/or
services ("Third Party Products ") through reseller relationships WebHostZero
has established with certain commercial vendors, including without limitation,
Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified,
Customer understands that product support for Third Party Products is
provided by WebHostZero and not by the Third Party Vendor. Neither WebHostZero
nor any Third Party Vendor makes any representations or warranties,
express or implied, regarding any Third Party Products. Customer expressly
acknowledges and agrees that use of third party products is at customer's
sole risk and such third party products are provided "as is" and without
representation or warranty of any kind from WebHostZero or any third
party vendor, including without limitation, any implied warranty of
merchantability, fitness for a particular purpose, accuracy or completeness
of responses or results, correspondence to description, or non-infringement
of third party rights. To the maximum extent permitted by applicable
law, neither WebHostZero nor any third party vendor will be legally
responsible for any damages, whether direct, indirect, or consequential,
arising from the use or inability to use any third party product. Customer
agrees to observe the terms of any license and/or applicable end user
subscriber agreement for third party products and that customer shall
be fully liable to third party vendors and WebHostZero with respect
to any improper use of such third party products or violation of license
agreements with them and/or applicable end user subscriber agreements.
- Denial of Service: We reserve the right to refuse
service to anyone at any time for any reason.