1. Introduction
These Web Hosting Terms and Conditions (the "Terms") govern your use of the web hosting services (the "Services") provided by Warbasse Hosting (the "Provider"). By using the Services, you agree to be bound by these Terms.
2. Services
The Services include the following:
-Provision of web hosting space and bandwidth for your website;
-Provision of email accounts for your website;
-Provision of domain name registration services;
-Provision of technical support for the Services.
3. Eligibility
To use the Services, you must be at least 18 years of age and have a valid credit card.
4. Account Creation and Management
To create an account for the Services, you must provide the Provider with certain information, including your name, email address, and billing information. You are responsible for maintaining the accuracy of your account information and for keeping your account password confidential.
5. Use of the Services
You may use the Services to host your website and email accounts. You may not use the Services for any illegal or unauthorized purpose. You are responsible for all content that you upload or transmit through the Services.
6. Provider's Obligations
The Provider will use reasonable efforts to provide the Services in a reliable and timely manner. However, the Provider does not guarantee that the Services will be uninterrupted or error-free.
7. Your Obligations
You are responsible for backing up your website and email data regularly. You are also responsible for taking reasonable precautions to protect your account from unauthorized access.
8. Termination
Either party may terminate this Agreement at any time, for any reason.
9. Disclaimer of Warranties
The Provider provides the Services on an "as is" basis. The Provider makes no warranties, express or implied, regarding the Services.
10. Limitation of Liability
The Provider shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of the Services, even if the Provider has been advised of the possibility of such damages.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
12. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
13. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.
14. Waiver
No waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.
15. Notices
All notices and other communications under this Agreement shall be in writing and shall be deemed to have been duly given when delivered in person, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:
If to Provider:
Warbasse Hosting
1732 Aviation Blvd, #420
Redondo Beach, CA 90278
If to You:
Your name and Email address on record or to such other address as either party may designate in writing from time to time.
16. Headings
The headings in this Agreement are for convenience only and shall not affect its interpretation.
17. Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
18. Website Refund Policy
DV Plans - We automatically issue a full refund for annual website subscriptions canceled within 14 days of purchase.
We don’t offer refunds for:
-Annual plans canceled after 14 days following the first payment
-Monthly plans
-Renewal payments - Fifteen days before an annual subscription renews, we'll send you a renewal reminder email. If you don’t want your site to renew automatically, you can write us via email at cancel @ warbassehosting.com to cancel your renewal.
19. Domain refund policy
All domains are registered by Warbasse Hosting through NAMESECUE, INC. We automatically issue a full refund for domain names issued by Warbasse Hosting if canceled within five days of registration.
We don’t offer refunds for domain subscriptions canceled after the five-day grace period.
Fifteen days before we charge you for the domain renewal, we’ll send you a renewal reminder email. To avoid a charge, and cause your domain to expire, you can write us via email at cancel @ warbassehosting.com to cancel your renewal.
20. HIPAA-Compliant Email refund policy
All HIPAA-Compliant Email subscriptions are non-refundable, regardless of plan level or billing cycle.
21. Annual Discount Refund and Monthly Rate Charge
If you cancel your subscription before the end of your annual billing period, you will be refunded the annual discount that you received. However, you will be charged the full monthly rate for the months that you used the service.
For example, if you sign up for a monthly subscription at $249 per month that costs $2,988 per year and receive a 20% annual discount of $597.60 your monthly rate will effectively be $199.20. If you cancel your subscription after 6 months, you will be refunded $289.75 (50% of $597.60). However, you will also be charged $1,494 (6 months at the full monthly rate of $249), totaling $1,792.75.
This clause is intended to ensure that customers who cancel their subscriptions before the end of their billing period are charged fairly for the service that they used.
22. Secure Certificate (SSL) refund policy
All secure certificates used to provide (SSL) for domains are registered by Warbasse Hosting. We automatically issue a full refund for secure certificates issued by Warbasse Hosting if canceled within five days of registration.
Fifteen days before we charge you for the domain renewal, we’ll send you a renewal reminder email. To avoid a charge, and cause your secure certificate to expire, you can write us via email at cancel @ warbassehosting.com to cancel your renewal.
23. Set-up Fees
Setup fees are considered fully earned upon payment and are non-refundable.
This clause is intended to protect the company from incurring losses due to customers canceling their services before the setup fees are recouped which is amortized over one year.