TERMS AND CONDITIONS
This policy represents the Moved By Web Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Moved By Web customers agree to when they sign-up for any of the Moved By Web website hosting services.Moved By Web reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by Moved By Web agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with Moved By Web. Moved By Web retains the sole discretion to make judgment regarding any violation by any Moved By Web customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer.s services without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for Moved By Web maintaining one or more accounts (each “Account”), you, as theMoved By Web customer, agree to the following terms of service.
“We” “Us” or “Provider” or “Moved By Web” – MovedByWeb.com
“You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of Warranty
The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
Moved By Web however, offers a 99.9% uptime guarantee. This is valid for only the Moved By Web servers and our primary co-location internet connection. Moved By Web shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, Green Geeks is not responsible for any down time caused by any provider’s hardware or network malfunction which is outside of Moved By Web capability to directly correct. Moved By Web clients are diverse and their websites and the function of those websites are diverse and Moved By Web cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
Moved By Web MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Moved By Web nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Moved By Web, even if Moved By Web has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL Moved By Web BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Moved By Web. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Moved By Web. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Moved By Web HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Moved By Web. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Moved By Web FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Moved By Web. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW
You agree to indemnify, defend and hold Moved By Web and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Moved By Web. servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Moved By Web. equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Moved By Web. gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Choice of Law
This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of California , County of Los Angeles . The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Services Provided By Moved By Web
Moved By Web will provide Internet server rental (“the Service”) to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Moved By Web members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Moved By Web members will use the provided services in a manner consistent with any and all applicable laws. Moved By Web 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. Moved By Web reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Moved By Web can terminate client’s account without notification.
MovedByWeb.com provides timely website hosting support to our clients through emails, chat and phones. By accepting your client contract agreement with MovedByWeb.com you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of MovedByWeb.com and any employee or contractor of MovedByWeb.com.
Moved By Web will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at anytime by following the instructions at the bottom of those e-mails.
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Moved By Web or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Moved By Web or any third party. Customers may not run IRC, bots or clients. Clients may not use Moved By Web servers for file storage unrelated to the client’s website, storage Space is for active website file pages only. Moved By Web’ shared hosting account holders may not act as a reseller, which means that clients may not host any websites in their addon domains that are not domains owned by the client on record at Moved By Web. You will need to opt-in for our reseller hosting service. Unacceptable uses alsoinclude: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing websites. Moved By Web will be the sole and final arbiter as to what constitutes a violation of this policy. Moved By Web does not normally monitor the contents of clients servers, however if suspicion occurs, Moved By Web reserves the right to investigate and terminate the clients subscription to the service.
What do you mean by “unlimited disk space and bandwidth/data transfer”?
We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked “Unlimited”. We want you to have the resources available to you to build a great online presence.
Even though we want you to succeed, we need to ensure that we’re providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business website.
If a customer’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice.
Excessive Resource User Policy
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. Moved By Web offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Moved By Web control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using “Excessive amounts of resources” when it consumes 100% of the allocated resources on the subscribed hosting plan and/or subscribed scalable resource add-on(s) and/or 75,000 files also known as “Computing Resources”, and/or “Resources”, and/or “Resource Usage”. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. Moved By Web will make every reasonable effort to notify customer prior to suspension, however,Moved By Web may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using “excessive resources” may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. Moved By Web will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.
UCE/UBE or “Spam” originating from a server located on our network or associated with a Green Geeks server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the Moved By Web network but is sent from an e-mail address not associated with that Moved By Web account. Client shall not use their Moved By Web services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Moved By Web reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
Moved By Web allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script or MovedByWeb.com reserves the right to terminate that clients’ account and provide them with a prorated refund.
Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact Moved By Web concerning unethical, false or unlawful activities by you, Moved By Web reserve the right to suspend or terminate your service with or without notice.
Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
Moved By Web provides the tools needed to create back ups of account data. Moved By Web also backs up its servers and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Moved By Web does not provide or keep records or copies of our clients website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.
Full payment is required in advance before hosting service is established. Moved By Web sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.
You warrant and represent that the information you supply in the Order Form (or other information that Moved By Web may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client.s responsibility to ensure that payment is made to Moved By Web prior to the renewal date and although Moved By Web sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying Moved By Web, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full.
It is the obligation of the Moved By Web customer to know when their account comes up for renewal and if their intention is to non renew their account they must fill out the Moved By Web cancellation form 5 business days prior to their account’s renewal date to ensure that Moved By Web billing department receives the cancellation request well in advance of the renewal date so that they can stop any renewal charges. Moved By Web clients receive email notification 15 days prior to the renewal date of their account informing them that their renewal date is approaching. It is the customer’s responsibility to ensure that Moved By Web has a valid email address for which we can send out renewal notices to our clients. If Moved By Web does not receive a cancellation request prior to the customer’s renewal we will renew the clients’ account 24 hours prior to the renewal date and we will apply the appropriate charges. Accounts will be automatically renewed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). The 30 day money back guarantee applies only to the start date of the clients’ service with Moved By Web and does not apply to renewals of service.
Clients have the option to pay an invoice at any time by logging into their Moved By Web account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than four days (the grace period), the account is automatically suspended and a $15.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus $15.00 must be submitted to Moved By Web.
All prices listed are in US Dollars ($), for all services & server locations unless otherwise specified.
Cancellation & Refunds
Should you become dissatisfied with our services within the first 30 days of your account activation, Moved By Web will refund your hosting fee subject to the money back guarantee terms listed in this agreement. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are as detailed on our Domain Registration Pricing Sheet. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Moved By Web hosting service within the 30 day money back guarantee.
In addition refunds are not available for additional services such as, but not limited to domain names, dedicated IP’s, SSL certifiates, CDN, professional services, etc. Add-on services that are activated and are included in the hosting package will not be refundable if cancelled within 30-days.
Website files are the responsibility of the Moved By Web customer and should a Moved By Web customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the website files and any emails from the Moved By Web server prior to requesting that Moved By Web cancels their account. Once the cancellation request has been submitted to Moved By Web a cancelattion of the website hosting service may occur anytime after the request is received by Moved By Web and when a cancellation request is completed the client’s hosting account with Moved By Web and their website files are permenantly removed from the Moved By Web servers. Therefore again it is the client’s obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request.
99.9% Service Level Agreement “SLA”
Moved By Web offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. Moved By Web will try to maintain maximum uptime. Moved By Web is not responsible for any downtime caused by the client.
30 Day Money Back Guarantee
Moved By Web offers an unconditional 30-day money back guarantee that covers cancellations on shared hosting, reseller hosting and VPS hosting made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees, domain name or add-ons (included and/or purchased) are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations & dedicated servers are also non-refundable. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Moved By Web hosting service within the 30 day money back guarantee.
Moved By Web, referred to in this document as (“Moved By Web”).
Moved By Web does NOT trade, rent or sell your personal information to any other organization or third party.
This Policy describes our general principles for the collection and use of information from customers and visitors to our websites. We want to ensure that you understand how we will and will not use the information you entrust to us. In order to fully understand your rights we encourage you to read this Policy.
For visitors, we’ve structured our websites so that, in general, you can visit us on Web without identifying yourself or revealing any personal information.
For prospective and existing customers and partners, once you choose to provide us personally identifiable information (any information by which you can be identified), you can be assured that it will only be used to support your relationship with Moved By Web.
Moved By Web has security measures in place to help prevent the loss, misuse and alteration of the information under our control. When you place an order online, your information, including your credit card number, is protected using Secure Socket Layer (SSL) encryption technology. This encrypts order data and is designed to aid in ensuring the accuracy and security of that customer information.
Moved By Web does not sell products or services for purchase by children. Customers must be at least 18 years of age. Any individual under the age of 18 (“Minor”) must have a parent or guardian accept the Terms of Service in order for the Minor to become a Customer. If you are under 18, we strongly encourage you to use our website only with the involvement of a parent or guardian.
Moved By Web reserves the right to change this Policy simply by posting such changes on our site. We encourage you to periodically check our site for changes to this Policy since your continued use of the site following any changes to this Policy will be deemed to constitute your acceptance of such change. The operative and effective version of this Policy will be the latest version available on the site.