Terms Of Service

Terms Of Service

This Terms of Service Agreement “Agreement” sets forth the terms and conditions of the use of our systems, software, platforms, APIs, and the use and/or purchase of our products and related services and for the purchase and/or use of any products and services acquired through WebFlares from our partners and/or affiliates (collectively “Services”).
In this Agreement “You” and “Your” refer to You as the user of our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “Us” and “Our” refer to “WebFlares”. This Agreement explains Our obligations to You, and explains Your obligations to Us for using Our Services. These obligations are in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
When You use Our site, Your account (or You permit someone else to use it) to purchase or otherwise acquire access to Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement, along with the following policies and the applicable product agreements, which are incorporated by reference herein.

(1) Modification :

You agree that WebFlares may, in its sole and absolute discretion, modify this Agreement and the Services it offers to You from time to time and that such modifications are effective immediately upon posting to this site. Your use of the site or Services, after such changes or modifications have been made, constitutes Your agreement to be bound by this Agreement as last revised. If You have purchased Services from WebFlares, the terms and conditions of this Agreement shall continue in full force and effect, including any changes made to this Agreement, as long as You take advantage of and use the Services.

(2) Eligibility & Authority:

Our site and Services are available only to users who can form legally binding contracts under applicable law. By using this site and/or the Services, You represent and warrant that you are at least eighteen (18) years of age and not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

(3) Accounts; Accurate Information; Transfer of Data Abroad :

-In order to access some of the features of this site or use some of the Services, You will have to create an Account. You represent and warrant that all information You submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. You further agree to maintain accurate information by providing updates to Us, as needed, while You are using the Services. You agree that You will notify WebFlares within five (7) business days of any change in the information You provided as part of the application and/or registration process and as required by Your Account.

If We have reason to believe that Your Account information is untrue, inaccurate, not current, misleading or incomplete, We reserve the right to suspend or terminate your Account and any Services.

You are solely responsible for the activity that occurs on Your Account, whether authorized by You or not, and You must keep your Account information secure, including without limitation Your customer username/login, password, API key (if any) and any/all content which might include payment details.
You must notify WebFlares immediately of any breach of security or unauthorized use of Your Account. We will not be liable for any loss You incur due to any unauthorized use of Your Account. You, however, may be liable for any loss We or others incur caused by Your Account, whether caused by You, or by an authorized person, or by an unauthorized person.

-If you are visiting this Site and/or using Our Services from a country other than the country in which Our servers are located, Your communications with Us may result in the transfer of information (including Your Account information) across international boundaries. By visiting this Site, using Our Services and communicating electronically with Us, You consent to such transfers.

(4) Availability of Website & Services :

We shall use commercially reasonable efforts to attempt to provide this site, the Services available to purchase on Our site and Our Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that We undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that We have no control over the availability of this Site or Services on a continuous or uninterrupted basis, and that We assume no liability to You or any other party with regard to such, including but not limited to loss of revenue.

(5) Privacy & Ownership

* WebFlares ‘s Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy sets out Your rights and WebFlares ‘s responsibilities with regard to Your personal information. WebFlares will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that WebFlares, in its sole discretion, may modify the Privacy Policy, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. WebFlares will not refund any fees paid by You if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to WebFlares as part of the Services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to WebFlares in the future. WebFlares is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data.
* All right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patent-able ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by WebFlares or its third party partners, and you agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to you, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement.
* If You have purchased and/or been given permission to use software from WebFlares, WebFlares grants You a limited, non-exclusive, nontransferable and non-assignable right and ability to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. WebFlares reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of WebFlares. The source code and its organization are the exclusive property of WebFlares and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by WebFlares.
* WebFlares provides some third-party software to You for easier account management including, but is not limited to cPanel, etc. Such software is provided on an “as is” as available basis. We do not guarantee that any specific results can be obtained by using such software. WebFlares does not take responsibility for any faults in such software functioning. You agree that Your use of any WebFlares Services shall be used by You in accordance with the terms of any relevant third-party licenses that you are subject to under the third party’s terms. Your failure to abide by any third-party license may result in the immediate termination of Your Services by WebFlares.
* You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by WebFlares. Your use of any third party software is at Your own risk. WebFlares does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. WebFlares will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. WebFlares reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.
* You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

(6) Storage and Security :

At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on WebFlares servers; and (iv) ensure the confidentiality of Your password. WebFlares services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and WebFlares shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by WebFlares are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. WebFlares shall have no liability to You or any other person for Your use of WebFlares products and/or services in violation of these terms.
* You agree to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups. You are responsible for security of Your password. WebFlares will not change passwords to any account without proof of identification, which is satisfactory to WebFlares, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that WebFlares will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will WebFlares be liable for any losses incurred by You during this time of determination of ownership

(7) Third-Party Content & Software :

* WebFlares provides some third-party software to You for easier account management including, but is not limited to cPanel, etc. Such software is provided on an “as is” as available basis. We do not guarantee that any specific results can be obtained by using such software. WebFlares does not take responsibility for any faults in such software functioning. You agree that Your use of any WebFlares Services shall be used by You in accordance with the terms of any relevant third-party licenses that you are subject to under the third party’s terms. Your failure to abide by any third-party license may result in the immediate termination of Your Services by WebFlares.
* You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by WebFlares. Your use of any third party software is at Your own risk. WebFlares does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. WebFlares will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. WebFlares reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.
You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.
* If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. WebFlares has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current WebFlares policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all service renewals and orders. In the event that an error occurs the account holder must notify WebFlares immediately of the error. In no event shall WebFlares be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.

(8) Termination & Cancellation Policy :

The initial term of Your agreement with WebFlares shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with WebFlares shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.
This agreement may be terminated: (i) by You by submitting a helpdesk ticket under Billing Issues category at least three (3) working days before the account is due to renew; or (ii) by WebFlares at any time, without prior notice, if, in WebFlares ‘s judgment, You are in violation of any terms or conditions herein; or (iii) in WebFlares ‘s sole judgment, Your use of the Services places or is likely to place unreasonable demands upon WebFlares or could disrupt WebFlares ‘s business operations; or (iv) by WebFlares if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and either WebFlares or WebFlares.
In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that WebFlares may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of WebFlares.

(9) Refund Policy :

There will be no refund given at all, Refunds do NOT apply to any of our services except shared web hosting .

Shared Web Hosting :

Unless this Refund Policy specifically provides for a refund, all fees for Web Hosting and related Service(s) are non-refundable, in whole or in part, even if your Web Hosting Service(s) are suspended or terminated prior to the end of your then current contract term.

Package fees for Shared Hosting, may be refundable, at the sole discretion of WebFlares, if you, the account holder, cancel within 14 days after purchase. Only first-time Shared Hosting accounts are eligible for the 14-day money-back guarantee. You may receive a refund if you, the account holder, cancel your account within the initial fourteen (14) days after sign-up. 

No refunds are available for the following:

Any additional features, services or upgrades added to your Web Hosting package and purchased at additional fee;

Any fees related to domain name registrations associated with your Web Hosting package;

Any renewals of Web Hosting and related Service(s).

(10) Customer Support :

* WebFlares provides customer support to You at no additional fee for issues related to WebFlares service only. WebFlares has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable.

(11) Legal Purposes :

* The web hosting and reseller hosting account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of WebFlares is to provide space to serve web documents, not as an off-site storage area for electronic files and is governed by the AUP. Violations of the AUP or any other provisions of this Agreement may result in termination of the Services provided by WebFlares
* The Services offered by WebFlares are being provided on an “AS IS” and WebFlares expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose and non-infringment, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, WebFlares expressly does not warrant that the WebFlares Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from WebFlares shall create any warranty not expressly made herein.
* WebFlares expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by WebFlares in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by WebFlares in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of WebFlares, its officers, directors, employees and agents, as well as WebFlares’s affiliates.

This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications.