| By submitting the online order form below, Subscriber hereby agrees to the following:
- In consideration for hosting services to be delivered, Subscriber agrees to be bound to the following terms:
- Subscriber agrees to pay for hosting services rendered in advance of each monthly service term.
- Subscriber agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
- Subscriber agrees to a no-refund policy in advance. Setup fees and monthly service fees are non-refundable.
- Server rental charges will be incurred immediately at signup and are prorated by 3 days to allow for serverprovisioning and delivery.
- Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 days of notice. Subscribers failing to secure payment within 5 days of notice will incur service interruption and $50 reconnection fee.
- Service Cancellations must be submitted using the cancellation form inside at least 7 days before your next monthly billing cycle.
- West Coast Host is not responsible for data integrity on equipment reclaimed for non-payment.
- Texas residents agree to pay all taxes applicable to your account.
- Subscriber agrees not to engage in activity that violates federal (United States), state (Florida) or local (Pinellas County) laws applicable to the service terms described herein.
- West Coast Host reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, Data Center Rules and Procedures, and Terms of Services.
- Subscriber agrees to indemnify and hold harmless West Coast Host and the employees and agents of West Coast Host against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Subscriber's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
- WEST COAST HOST SHALL NOT BE LIABLE FOR i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE WEST COAST HOST'S SERVICES AND PRODUCTS BY SUBSCRIBER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS WEST COAST HOST PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED WEST COAST HOST DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SUBSCRIBER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND WEST COAST HOST SHALL HAVE NO LIABILITY THEREFORE.
- Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
- Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Subscriber as set forth in the Service Descriptions or West Coast Host as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by facsimile, (iii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested.
• WEST COAST HOST
25 2nd Street North
Suite 100
St. Petersburg, FL 33701
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and Texas, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
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