WebSharx Florida (“The Company”, “WebSharx”, “we”, “us”) agrees to furnish services (“service”, “products”) to the subscriber of services (“client”, “customer”, “you”, “your”), subject to the following Terms of Service (“TOS”).
WebSharx Florida reserves the right to change this TOS at any time. Such changes, modifications, additions, or deletions are effective immediately upon posting online at this location. You acknowledge and agree that it is your responsibility to review this site and this TOS periodically and to be aware of any modifications. Your continued use of the services after such modifications will constitute your:
If you do not agree to these terms, please contact us to cancel your services.
This TOS contains provisions that you are required to pass on to your customers (“end users”) should you have them. It is your responsibility to ensure that these provisions are included in contracts and other agreements with your end users. You are responsible for your end users under this TOS.
Other Agreements and Precedence
This TOS incorporates our Acceptable Use Policy (“AUP”), Service Level Agreement (“SLA”), and Privacy Policy by reference. If any of these documents conflict with the TOS, the TOS shall prevail, followed by the AUP, Privacy Policy, and SLA.
Services Provided
The pricing, features, and term of the products and services you purchase are set out on the web page on which the particular products and services are described (the “Description Page”). The Effective Date is the date on which the service was activated. The Services are provided to you based on the Description Page as of the Effective Date. The Description Page may change during the term.
WebSharx Florida will provide the Services as depicted on the Description Page as of the Effective Date. If the contents of the Description Page change during your term, WebSharx is under no obligation to modify your service based on those changes.
WebSharx may modify the Service or the way we provide it to you if any of the following occur:
WebSharx reserves the right to refuse service to anyone for any reason.
Certain aspects of the Service may be provided by third parties or third party software. These third parties may reserve the right to make changes, including material changes, to their service or software. If a third party makes a change to its service or software, you may not terminate this TOS based on such a change, even if it materially affects the Service.
Responsible Use
Services are provided in a way that allows you to configure them as needed. It is your responsibility to configure the Services. Any custom configuration must not affect the operation of our network or the Services of other customers and is subject to our approval. WebSharx, at its sole discretion and judgment, may refuse certain custom configurations from running within our network.
You must use your Service in a responsible manner. You may not disrupt other users of the Service or our network. If your use causes disruption, WebSharx may require you to modify your use or discontinue use until your use no longer causes interference.
Server Backups
WebSharx Florida provides backup services as a courtesy service only and on an as-is, as-available basis. The backup service is designed to supplement, not replace, your own backup programs. You are responsible for configuring backups to your needs. WebSharx is not responsible for the completeness, integrity, or freshness of backup files, nor do we guarantee that the service will be error free or fail safe.
Backup services are for disaster recovery only. If you or a third party request that backup data be used for a purpose other than disaster recovery, WebSharx has no obligation to provide it. If WebSharx decides, at our sole judgment, or is required by law to provide data, it will be provided at our convenience and you will be billed at $250 per hour. You are responsible for any attorney fees we incur in reviewing, responding to, or producing your data. A retainer may be required.
Third-Party Software
The Services may include software owned by a third party (“Third-party Software”). If you represent that you already have a license to use the Third-party Software, we may require evidence of the license and proof of ownership.
WebSharx has no obligation to support any Third-party Software. If WebSharx chooses, at its sole discretion, to offer support for any Third-party Software, that support is not guaranteed or warranted and does not constitute an agreement of any kind. WebSharx reserves the right to prohibit the use of any Third-party Software within its network.
Software Patches
WebSharx may provide software updates, upgrades, bug fixes, or enhancements offered by Third-party Software providers (“Patches”) with or without your request. Patches may be applied automatically using automated systems. WebSharx assumes no liability for consequences resulting from installation of Patches or attempts to install or remove Patches. It is your responsibility to determine if Patches will affect your data or services.
SMS Terms of Service
By opting into SMS from a web form or other medium, you agree to receive SMS messages from WebSharx Florida. This includes appointment reminders, project updates, promotional offers, and account notifications. Messaging frequency may vary. Message and data rates may apply. To opt out, reply STOP to any message. For assistance, text HELP or visit https://websharx.us. See our Privacy Policy at https://websharx.us/privacy-policy/ and our Terms of Service at https://websharx.us/terms-of-service/.
Network
WebSharx may assign one or more Internet Protocol addresses (“IP address”) for your services. WebSharx retains the right to use that IP address and may change it at any time. The IP address is not transferable. Upon termination, you must cease use of the assigned IP address.
WebSharx’s use of IP addresses is guided by ARIN policies. IP based virtual hosts are not accepted as justification for new IP addresses when name based virtual hosts are supported. You are required to use name based virtual hosting whenever possible.
You may not use IP addresses not directly assigned to you by WebSharx Florida. Any service found using unassigned IPs will be suspended until the overlap is corrected. Any interruption due to IP overlap resulting from your use of unassigned IPs will be billed to your account. Technical support time spent tracking duplicate IP conflicts will be billed at $250 per hour.
Billing and Payment
WebSharx’s obligation to provide the Service is contingent on your payment of the fees and charges set out on the Product Description Page (“Fees”). Accepted payment methods include credit card (Visa, MasterCard, Discover, American Express), PayPal, business check, or money order. PayPal payments should be submitted to [email protected]. You are responsible for any transaction fees associated with your payment method. Checks and money orders should be sent at least seven days before the invoice due date.
Payment is due immediately (“Due Date”), unless alternate arrangements are stated on the invoice. It is your responsibility to ensure that WebSharx receives payment. Accounts not brought current will be assessed a 20 percent monthly finance charge, with a minimum charge of $25.00. Charges recur monthly until cleared. Accounts past a seven-day grace period may be suspended and charged a reconnection fee.
All setup fees and domain registration fees are non-refundable. Domains may be held by WebSharx Florida. Pricing is guaranteed for any term of prepayment. WebSharx reserves the right to change prices at any time unless other terms have been agreed. You are responsible for all money owed from the time the account was established until you notify WebSharx to request termination of services. All payments are in U.S. currency. WebSharx will bill $30.00 per returned check and per credit card chargeback.
If service is suspended for any reason, Fees continue to accrue. If service is interrupted for nonpayment, the account is subject to a $50 per-service reconnect charge. Reactivation occurs only after the outstanding balance is paid in full. If multiple services are deactivated, all outstanding invoices must be paid before any one service is reactivated. WebSharx may keep services deactivated until funds have cleared.
Refunds and Disputes
All payments to WebSharx Florida are nonrefundable. This includes setup fees, prepayment fees, and subsequent charges regardless of usage. You are not entitled to refunds, prorated or otherwise, in the event of early termination by WebSharx or by you according to this TOS or WebSharx’s AUP.
WebSharx, at its sole discretion, may choose to offer a refund, prorated or otherwise. Depending on the amount, WebSharx may issue the refund in increments. Timing and method are determined exclusively by WebSharx. In most cases refunds are issued as a credit to an existing account. In special cases a check may be issued.
If you believe there is an error in your bill, you must contact WebSharx within 30 days of the invoice in question (“Dispute Deadline”) to file a dispute. Both parties agree to work in good faith to resolve the dispute. Your dispute must include sufficient facts for investigation. You agree to waive your right to dispute any charges if you fail to meet the Dispute Deadline. If your claim is valid, we will credit the account on your next bill. If you initiate a credit card chargeback before notifying us, or after the Dispute Deadline, you will be charged a $200 Administration Fee. Late charges and other fees may continue during the dispute. If a credit is issued, it will be held for 180 days from the credit date, after which a check may be issued minus any outstanding invoices.
Account Cancellation and Suspension
WebSharx Florida reserves the right, at its sole discretion and judgment, to cancel this agreement and the services for any reason at any time. We will make reasonable efforts to notify you of the reason and to work with you to resolve issues that affected our decision.
To cancel your account, you must contact WebSharx at least 30 days before the end of the billing cycle. Cancellation requests must be in writing and must originate from the account owner of record. You must provide all account information to cancel. WebSharx reserves the right to verify the legitimacy of a cancellation for up to 30 days before the cancellation occurs.
Harassment and Abuse
WebSharx will not tolerate abuse of any kind toward its employees. This includes verbal harassment, yelling, swearing, rudeness, threats, or any intentionally disruptive behavior directed at WebSharx or its employees or agents. You agree to engage our staff professionally in email, support tickets, live chat, forums, and phone calls. Any abuse by you toward a WebSharx employee for any reason will be construed as a violation of this TOS. No refunds are provided for service termination arising from a violation of this clause.
Damages
You acknowledge that service can be interrupted for many reasons, the cause of which can be difficult to ascertain. You agree that WebSharx shall not be held liable for damages arising from causes beyond our direct control. You further acknowledge that WebSharx’s liability for its own negligence may not exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall WebSharx be liable for special or consequential damages, loss, or injury. In no event shall WebSharx Florida’s maximum liability exceed five hundred dollars.
Indemnification
Customer agrees to defend, indemnify, save, and hold WebSharx Florida harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney fees, asserted against WebSharx, its agents, customers, officers, and employees, that may arise from any service provided or product sold by Customer or its agents. Customer agrees to defend, indemnify, and hold WebSharx harmless against liabilities arising out of:
Non-Waiver
No waiver of rights under this TOS by either party shall constitute a subsequent waiver of this or any other right under this TOS.
Severability
If any portion of this TOS or accompanying documents (AUP, SLA, Privacy Policy), or the application thereof, is held by an arbitrator or court to be invalid, unenforceable, or void, the remainder shall remain in full force and effect and shall be enforced to the fullest extent consistent with applicable law.
Force Majeure
You agree that WebSharx is not responsible for damages, delays, or failures to fulfill obligations as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, shutdowns, unavailability of materials or equipment, utility failures or blackouts, labor disputes, or other circumstances beyond our control.
Disclaimers
WebSharx Florida and its employees or contractors will not be responsible for any damages your business may suffer. WebSharx makes no warranties of any kind, expressed or implied, for services we provide. WebSharx disclaims any warranty of merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any service interruptions. WebSharx reserves the right to revise its policies at any time. All sub-networks, resellers, and dedicated servers of WebSharx must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.
Lawful Purpose
You may only use WebSharx servers for lawful purposes. Transmission of any material in violation of any Federal, State, or Local regulation is prohibited. This includes copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such is at the discretion of WebSharx management.
Litigation
Regardless of your location, you agree that for purposes of venue and jurisdiction this contract was entered into and performed in Pasco County, Florida, and any dispute will be litigated or arbitrated in Pasco County, Florida. You waive objections to venue or jurisdiction and acknowledge that venue and jurisdiction will be in Pasco County Courts. In no event shall WebSharx Florida’s maximum liability exceed five hundred dollars.
Assignment
You agree that you do not have the right to assign this Agreement without the explicit written permission of WebSharx Florida. This Agreement is in force and effect to the benefit of you and WebSharx and their successors and permitted assigns.
WebSharx Florida
