PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using this site or the services provided, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site or our services.
WHEREAS, Cross Web Tech is an information provider connected to the Internet Cross Web Tech offers storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Customer seeks to utilize Cross Web Tech’s server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Cross Web Tech can make no guarantee that any given reader shall be able to access Cross Web Tech’s server at any given time.
Cross Web Tech represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
- Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
- Customer agrees that all charges and fees associated with an account are their sole responsibility.
- There is a per-plan one time setup fee of $49.95 for all monthly shared hosting packages.
- If the customer wishes to cancel Cross Web Tech shared Web Hosting services within sixty (60) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded.
- Services provided by 3rd parties and Cross Web Tech partners are not part of the 60-day refund policy and no early ending credit applies. Billing will stop at end of term during which the service is canceled.
- At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the web panel. After the first 60 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
- “60-Day Money-Back Guarantee” offer only applicable to credit card or PayPal payments for shared web hosting. Other forms of payment are non-refundable. Dedicated server payments are non-refundable. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable. See domain registration agreement for more information.
- Violations of Cross Web Tech’s Terms of Service, Acceptable Use Policy, or Spam Policy may, at Cross Web Tech’s discretion, result in immediate and permanent disablement without refund.
- Disputed charges (“chargebacks”) associated with any Cross Web Tech account may, at Cross Web Tech’s discretion, result in immediate and permanent disablement.
- Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month.
- Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.
- Service credits must be claimed within 14 days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.
- Cross Web Tech shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Cross Web Tech’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
- Customer will provide Cross Web Tech with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of Cross Web Tech. Cross Web Tech shall make no effort to validate this information for content, correctness or usability.
- Use of Cross Web Tech’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.
- The following examples are offered:
- Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
- CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
- The Customer agrees that he or she has the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of Cross Web Tech to provide this knowledge or Customer Support outside of the defined service of Cross Web Tech.
- Cross Web Tech will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
- Cross Web Tech reserves the right to police its network to verify compliance with all agreed upon Terms.
- The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
- Cross Web Tech reserves the right to disconnect any website or server deemed to present a security threat to Cross Web Tech’s customers, servers, or network.
- The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by Cross Web Tech is grounds for termination of all services.
- Cross Web Tech makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Cross Web Tech also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Cross Web Tech is at the Customer’s own risk, and Cross Web Tech specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Cross Web Tech expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
- Cross Web Tech specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, Cross Web Tech may, at its option and at any time, reject this material, including but not limited to after it has been put on Cross Web Tech’s Server. Cross Web Tech agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Cross Web Tech. If the Customer fails to modify the material, as directed by Cross Web Tech, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
- All domain names registered through Cross Web Tech that are ‘parked’ or are otherwise not immediately associated with a Cross Web Tech plan will be automatically pointed to a “Coming Soon” web page which informs visitors that the registrant has recently registered their domain name via Cross Web Tech. The Coming Soon web page may be modified at any time by Cross Web Tech without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Cross Web Tech.
TRADEMARKS & COPYRIGHTS
- Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.
HARDWARE, EQUIPMENT, & SOFTWARE
- The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Cross Web Tech.
- Cross Web Tech makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Cross Web Tech service.
CROSS WEB TECH DEDICATED SERVER STIPULATIONS
- Bandwidth pricing and measurement frequency is subject to change at Cross Web Tech’s discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by Cross Web Tech.
- Cross Web Tech is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, Cross Web Tech, or Cross Web Tech’s upstream providers.
- Customer agrees that dedicated server payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue service with Cross Web Tech mid-way through the term.
- Hardware upgrades to an existing ‘platform’ (platform defined as a motherboard/chassis combination) will be performed by Cross Web Tech and shall incur an additional one-time labor fee of $100 as well as an increase to Customer’s standard monthly rate.
- Any hands-on labor necessitated by the customer (including, but not limited to, re-installing the operating system on the server) shall be performed by Cross Web Tech and shall incur an additional one-time labor fee of $100 for each incident.
- Cross Web Tech reserves the right to alter the dedicated server packages advertised on its website at its discretion. Cross Web Tech is not required to upgrade Customers’ hardware or bandwidth allocation as a result of a pricing or service package change. There will be an additional charge of $200 associated for any such hardware upgrade requested by Customer. Customer will not be required to upgrade hardware as a result of a pricing change.
- For managed servers, Cross Web Tech is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of debian packages that come installed with the server). Cross Web Tech may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well upgrading the entire operating system).
- The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.
- This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Cross Web Tech will accept termination by electronic mail. Notwithstanding the above, Cross Web Tech may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Cross Web Tech reserves the right to charge a reinstatement fee.
- Customer expressly agrees that use of Cross Web Tech’s Server is at Customer’s sole risk. Neither Cross Web Tech, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Cross Web Tech’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Cross Web Tech Server service, unless otherwise expressly stated in this contract.
- Under no circumstances, including negligence, shall Cross Web Tech, its offices, agents or any one else involved in creating, producing or distributing Cross Web Tech’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Cross Web Tech Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Cross Web Tech’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Cross Web Tech’s Server service.
- Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
- By using a promotional (“promo”) code you waive the option to indicate who referred you to Cross Web Tech.
- You may not change/submit a promo code or referrer after you’ve finished signing up.
- Promo codes/referrers are for new customers only – if you use one you may not host on your account any domain ever previously hosted with Cross Web Tech.
- Customer agrees that it shall defend, indemnify, save and hold Cross Web Tech harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Cross Web Tech, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Cross Web Tech against Liabilities arising out of
- any injury to person or property caused by any products sold or otherwise distributed in connection with Cross Web Tech’s Server;
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement;
- any defective product which Customer sold on Cross Web Tech Server.
Customer agrees to abide by the terms set forth in this document as well as other Cross Web Tech policy documents including, but not limited to:
- Acceptable Use Policy
- Anti-Spam Policy
Customer also agrees to abide by all applicable Terms set forth by all Cross Web Tech partners and subsidiaries.
Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.
Customer may not transfer this contract without the written consent of Cross Web Tech.
These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.