Terms of Use

Web Propulsion Internet Services, Inc. (Web Propulsion) hosting customers are subject to Web Propulsion's Hosting Agreement stated below:

1. HOSTING TERM - Web Propulsion Internet Services, Inc. (hereinafter Web Propulsion) agrees to host Customer’s website and/or email addresses for an initial term of 1 year from the date of this Agreement. The Customer agrees to pay Web Propulsion the hosting fees for 1 year from the date of initial hosting service. After the initial term, the hosting services will automatically renew for successive 1- year terms unless canceled by notifying the other party prior to the end of the then current term.

2. ACCEPTABLE USES - This service may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any foreign, municipal, state, county or federal statute or regulation is prohibited. This includes, but is not limited to: copyrighted material, material that is defamatory, threatening, obscene or violates U.S. export control laws, or material protected by trade secret, trademark or other intellectual property right used without proper authorization. No pornographic websites will be accepted. Web Propulsion may, at its sole discretion, immediately discontinue such service to Customer, without any liability other than for the refund of unearned prepaid service fees. Customer shall ensure that its use of Web Propulsion’s network services shall not disrupt Web Propulsion’s networks or equipment forming part of the systems. Customer shall not engage in mass distribution of unsolicited emails. Use of Web Propulsion’s connection in a manner that is abusive, disruptive, damaging, unlawful, offensive, or intrusive as determined by Web Propulsion shall be considered a breach of this Policy and may result in cancellation of service.

3. DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY AND OBLIGATION – Web Propulsion makes absolutely no warranties whatsoever, expressed or implied, for the service it is providing. Web Propulsion also disclaims any warranty of merchantability or fitness for a particular purpose. Web Propulsion shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of Web Propulsion. Customer agrees to indemnify and hold harmless Web Propulsion from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by Customer. The use of any data or information received by Customer or its customers from the utilization of the service to be provided by Web Propulsion is at Customer and its customer’s sole and absolute risk. Web Propulsion specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

4. PAYMENT TERMS - Customer shall pay the first year hosting fee prior to the commencement of service. Prior to the renewal of the first year hosting service, Web Propulsion will send an invoice to Customer for the renewal term. In the event Customer fails to pay for such services Web Propulsion shall be entitled to terminate this agreement and discontinue the service of Customer or the applicable account for which payment has not been received. The indemnification and limits of liability provisions mentioned above shall survive any such termination. Upon payment of the charges due hereunder, Web Propulsion may, at its sole discretion, reinstate service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service suspension shall require a $50 reinstatement fee.

5. UP-TIME GUARANTEE – Web Propulsion guarantees that the Customer’s website will be available at least 99.9% of the time on a monthly basis. Customer can request a pro-rated refund by showing that uptime for its website is below this level in any given calendar month.

6. CUSTOMER DEFAULT - If the Customer fails to perform its obligations, Web Propulsion will give the Customer written notice of default. If the Customer does not fix the default within 30 days, Web Propulsion can terminate this Agreement. If Web Propulsion terminates this Agreement, the Customer must pay Web Propulsion: (a) all amounts then due; (b) 75% of the amount due Web Propulsion for the remainder of this Agreement (as an agreed-upon amount of damages and not as a penalty); and (c) Web Propulsions’ reasonable collection costs, including attorneys’ fees. If this Agreement is terminated, Web Propulsion does not have to provide service, including hosting, after that date. If Web Propulsion waives any default by the Customer, that does not mean Web Propulsion waives later defaults. Any waiver by Web Propulsion must be in writing.

7. TRANSFERS - The Customer cannot transfer this Agreement without Web Propulsion’s written consent. However, Web Propulsion can transfer this Agreement or subcontract its obligations without the Customer’s consent. If Web Propulsion does so, anyone to whom Web Propulsion transfers or subcontracts its obligations will have all of Web Propulsions’ rights.

8. NOTICES, LIMITATION ON LAWSUITS, JURY TRIAL - Unless otherwise indicated, all notices must be in writing. The Customer or Web Propulsion may end any portion of this Agreement by notifying the other party at least 30 days prior to the end of the then current term. It is critical that the Customer give any termination notice in a timely manner. The Customer must bring any claim against Web Propulsion within 1 year after the claim arose. If the Customer does not, the Customer has no right to sue Web Propulsion and Web Propulsion has no liability to the Customer for that claim. It is critical that the Customer bring any claim in a timely manner. The provisions of this Agreement which apply to any claim remain in effect even after this Agreement ends. Web Propulsion and the Customer both give up their right to a jury trial.

9. MISCELLANEOUS - This Agreement contains the entire understanding between the Customer and Web Propulsion and replaces any other documents or discussions Web Propulsion previously had with the Customer. This Agreement is not binding on Web Propulsion until Web Propulsion begins hosting service. This Agreement is governed by Florida State law. Any action under or relating to this Agreement shall be brought solely in the state and federal courts located in Jacksonville, Florida and each party hereby submits to the personal jurisdiction of such Courts. If Web Propulsion does not approve this Agreement, Web Propulsions’ only obligation is to refund any payments the Customer has made. Any services Web Propulsion provides to the Customer in the future are subject to the terms of this Agreement, as so amended. If any provision of this Agreement is found to be invalid, the remaining provisions are still effective. The word “including” means “including without limitation.”

(Last updated December 5, 2009)