You must accept the terms of this Agreement in order to use the Services.
NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.
The Terms and Conditions set forth herein constitute the full and complete agreement between you and Grassroots Hosting. Your agreement to be bound by these terms is acknowledged by your use of the Grassroots Hosting Web Site, Hosting Services, Support Services and any Grassroots Hosting software made available to you. The terms contained herein supersede and replace any other agreement or negotiation between you and Grassroots Hosting whether oral, written or otherwise including any statements made by any representative of Grassroots Hosting at any time.
Grassroots Hosting charges the following fees where applicable. All such fees are subject to change with 30 days notice of next billing cycle. Not all fees are applicable to all accounts.
This is a one-time fee that may that be charged in connection with the establishment of a new account.
This is the fee for your monthly, annual, bi-annual, or greater web hosting services.
Domain Registration Fee
This is the fee for the registration of a domain name and is non-refundable. .CA domains have a five day exemption from this policy during the “Add Grace” period where a .CA registrant may request a refund.
Other Service Related Fees
These are fees for additional services that you may choose to add to your account.
Grassroots Hosting also reserves the right to alter, change, amend or delete fees at its sole discretion. Grassroots Hosting further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
Grassroots Hosting reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not affect the then existing rights and responsibilities of each party. Grassroots Hosting also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.
Payment of Fees
Grassroots Hosting accepts payment by Credit Card (Visa, MasterCard, American Express). In addition, Grassroots Hosting may from time to time allow additional forms of payment; however, the offering of a particular form of payment does not obligate Grassroots Hosting to continue to offer that form of payment in the future. The current list of payment options will be displayed during the order process. If you have any questions concerning the current available payment options contact us.
Payment by Credit Card
Prior to activation of your user account and at any applicable time thereafter you agree to allow Grassroots Hosting to charge your provided credit card. You also agree at stated regular intervals the agreed service fee amount for the stated period (together with any Grassroots Hosting set-up charges, registration fees, or any other charges outlined herein) may be applicable. You further authorize Grassroots Hosting to charge your credit card for all subsequent period fees at (or a reasonable period in advance of) the commencement of any such subsequent period. You agree to maintain current valid existing credit card information with Grassroots Hosting for the purpose of satisfying the Grassroots Hosting charges as they become due. Refusal or rejection of any such charge or any portion thereof is grounds for account suspension and termination at the sole option of Grassroots Hosting. An administrative fee of $25.00 may be charged for the refusal, rejection or return of any such charge for any reason whatsoever or any portion thereof. In addition, refusal, rejection or return of any such charge for any reason whatsoever or any portion thereof is grounds for account suspension and termination at the sole option of Grassroots Hosting.
Grassroots Hosting fees are based in US dollars ($US). At Grassroots Hosting’s sole discretion we may offer you the ability to pay in other currencies. Your credit card will be charged in the currency selected when your place your first order. If you select a currency which is different than your credit card billing currency, your bank will convert the amount to your credit card’s billing currency. Your bank may charge a fee in addition to the currency exchange rate. Grassroots Hosting has no control over the rate and fees charged by your bank and accepts no responsibility for the final amount that appears on your credit card statement. In the event of a refund, the actual amount credited by your bank may vary from the original charge due to these fees and currency fluctuations. Additionally, Grassroots Hosting reserves the right to adjust your periodic billing amount based on changes in exchange rate of your chosen currency.
2. WEB HOSTING SERVICES:
Web Hosting Services
For the term of the agreement as set forth herein Grassroots Hosting agrees to provide Web Hosting Services according to the plan selected by you upon activation of your account. Grassroots Hosting reserves the right to change, amend and otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on the Grassroots Hosting website at the time you create your account and remain in effect throughout the term of your agreement. The specifics of all current offers are located within the Grassroots Hosting Website located at grassroots.wpmudev.host. Web Hosting Services shall be defined as server space and data transfer allowances for the purposes of displaying a business or personal website.
3. DOMAIN REGISTRATION AND OTHER SERVICES:
At Customer’s request, Grassroots Hosting. may also acquire a Second-Level Domain Name (“Domain Name”) on behalf of any Customer. Grassroots Hosting is an authorized domain name reseller. Your purchase of domain name registration services is specifically subject to your agreement to the terms of this agreement and also the following which are incorporated into this agreement:
ResellerClub Domain Registration Agreement:
Grassroots Hosting will not own or otherwise control any domain name registered on your behalf under this section. Grassroots Hosting provides the Domain Registration Service only as a convenience to you and you hereby waive any and all claims which you may have, or which may later arise, against Grassroots Hosting for any and all damages, losses, claims or expenses arising out of or related to the acquisition, registration and use of the Domain Name. You hereby agree to pay any reasonable costs incurred by Grassroots Hosting to register and maintain the Domain Name on your behalf by Grassroots Hosting under the payment provisions of this agreement elsewhere herein.
Grassroots Hosting offers a listing of additional services in conjunction with its Domain Registration and Web Hosting Services. The terms of these services are governed by this agreement and may have additional terms attached to them.
Third Party Licensing
Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm.
4. Free Trials and Money Back Guarentees:
Grassroots Hosting may, at its sole discretion, provide a free trial period to customers. These terms apply to any trial in addition to any stated terms provided in the free trial offer. A credit card is required to sign up for a free trial. You will receive an invoice for the first paid period about 15 days before the trial end date. Your credit card will be charged for the first period after the trial five (5) days before the end of the trial. However, you may request that your account be terminated at any time before the end of day on the last day of your trial and any amount charged will be refunded. If you take no action before the first day following the end of the trial period, your account will automatically convert to a paid account, and no refund will be available. If you would like to upgrade your account to a paid account you may do so at anytime during your trial. Any upgrade on the same plan will take effect at the end of your trial period. Upgrades to higher plan may take effect immediately. Regardless, you will be billed and charged for the first period immediately upon upgrading. If you upgrade to better plan or billing period after your trial ends, your charges will be prorated based on your current billing cycle.
Money Back Guarantees
Grassroots Hosting may, at its sole discretion, offer a product or service with a money back guarantee. Any such offer will include terms regarding the guarantee. Regardless of said terms, this section applies to all money back guarantees. All requests for a refund must be made using our ticket system in the client area within 30 days of the initial billing date. Money back guarantees apply to hosting products only. Domain name registration services are non-fundable (except .ca domain names within the redemption period). If you hosting package includes a free domain name registration, the amount of the registration will be deducted from your refund. In this case, you will continue to own the rights to said domain and may continue to use it or transfer it. Please note, some domains have transfer restrictions imposed by the registry and you may have to wait 60+ days before you can initiate a transfer. We have no control over these policies.
5. ACCEPTABLE USE POLICY:
Grassroots Hosting expressly prohibits using our services to promote, provide, discuss, advertise or any other act in any way connected with any of the following:
- Illegal Activities
- Adult Material
- File Sharing
- Fraudulent Activity
- Distribution of viruses
- Trademark Infringement
- Copyright Infringement
- Network Disruptions
- Harm to Minors
Grassroots Hosting will determine in its sole discretion if any user, person, or account is engaged in the above list. Any entity found in violation of this policy will be immediately suspended or terminated at the discretion of Grassroots Hosting.
Grassroots Hosting, subject to the terms and conditions set forth herein, hereby grants you a non-exclusive, limited, personal, license to use the Grassroots Hosting Web Hosting Service for the term of the agreement as set forth herein. Your rights under this agreement may be assigned only upon prior notice and express approval by Grassroots Hosting. Any other assignment is null and void.
7. OWNERSHIP OF INTELLECTUAL PROPERTY AND CONFIDENTIALITY:
Grassroots Hosting Proprietary Information
It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of Grassroots Hosting including but not limited to the Grassroots Hosting customer service and maintenance tools. You acknowledge that all right and title to any such Grassroots Hosting intellectual property shall remain the sole property of Grassroots Hosting and that you have no right, title or interest therein. You further agree not to provide access to the Grassroots Hosting services to any third party. You agree that you are not to assist any third party or to instigate yourself in any way to use, translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Grassroots Hosting Services. Any and all right or title to any engineering, coding, programming or customer service work-around or other modification of the Grassroots Hosting service shall also remain the sole property of Grassroots Hosting
Grassroots Hosting Confidential Information
During the term of this agreement you may have access to certain information and materials relating to the Grassroots Hosting business, customers, software technology and marketing which Grassroots Hosting treats as confidential (hereinafter “Confidential Information”). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any “Confidential Information” without the express prior written consent of Grassroots Hosting; and (ii) not use or disclose any of the “Confidential Information” for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
You are the sole owner of any information that you post within your account area. Grassroots Hosting does not normally review or edit the information posted within your account. Notwithstanding the above Grassroots Hosting specifically reserves the right to edit, change, remove or delete any information posted in violation of this policy, or any applicable law, order or public policy. Grassroots Hosting is not your partner, associate, or agent with respect to any information placed by you on the Grassroots Hosting servers.
The initial term of this agreement shall be the period selected by you at the commencement of your account. Periodic accounts (monthly, annual, biannual) are automatically renewed and are charged in the same manner you selected at the commencement of your account. Any Additional services are renewed for the same period as the corresponding hosting service. A listing of all the presently available plans is available on the Grassroots Hosting.
9. SUSPENSION AND TERMINATION:
At the sole option of Grassroots Hosting for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Section 1 (Payment of Fees) or any violation of the Grassroots Hosting Acceptable Use Policy, Grassroots Hosting may suspend your account by deactivating any access by you and by web users to any information contained on the Grassroots Hosting servers related to your account while maintaining the information and data related to your account upon the Grassroots Hosting servers. Suspension shall specifically include the disabling of your hosted domain and any access to information or data related to your account. In the event of any such suspension you will be notified. At the option of Grassroots Hosting you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected the account may be terminated under the following section. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Grassroots Hosting servers. Such information or data may or may not be made available to you by Grassroots Hosting after any such termination. This agreement may be terminated either (a) after a period of suspension as set forth in the previous section or (b) except as otherwise stated herein by either party upon 15 days notice in advance of a renewal period for any reason.
In the event of termination under the previous section there will be no refund provided to you. This shall not affect the rights of Grassroots Hosting to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and attorney’s fees or other costs of any kind as may be applicable under the Laws of British Columbia.
10. INFORMATION USAGE AND COMMUNICATIONS:
You hereby consent and agree that as to any information which Grassroots Hosting may collect from you and maintain with respect to you, including but not limited to your account information, dates of service, billing address, billing records, usage statistics, site statistics, services purchased, domain name purchases, correspondence to or from Grassroots Hosting concerning you or your account, or other information which in Grassroots Hosting sole judgment is reasonable, Grassroots Hosting may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of Grassroots Hosting and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any Federal, Provincial or Municipal government, (2) compliance with the Grassroots Hosting Terms of Service or other policies.
During and after the term of this agreement you agree to receive periodic emails, telephone calls, or SMS messages containing commercial offers from Grassroots Hosting. We may also contact you concerning your account, system conditions, changes, updates and schedules.
You agree to provide, and at all times during the term of this agreement maintain, true and accurate account information on file with Grassroots Hosting specifically including your Name, Address, Email address, telephone number, billing information and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects your account to suspension and termination as set forth in this agreement.
Any notice under this agreement shall be given by Grassroots Hosting to you via email at the address provided by you to Grassroots Hosting at the commencement of this agreement or as Grassroots Hosting is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so by contacting customer service or updating your account from our client area.
Any notice by you to Grassroots Hosting shall be made by submitting a support ticket to our sales department from our Client Area or by email to firstname.lastname@example.org.
Sections 5, 6, 7, 10, 13, and 14 of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.
13. WARRANTIES AND LIMITATIONS:
Grassroots Hosting makes every reasonable effort to maintain operation of the Grassroots Hosting service; however, because many events and circumstances are beyond the control of Grassroots Hosting, Grassroots Hosting does not in any way warrant or otherwise guarantee the availability of the Grassroots Hosting system or servers and, notwithstanding any SLA, is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Grassroots Hosting.
THE Grassroots Hosting SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
In general, Grassroots Hosting has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. Grassroots Hosting accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. Grassroots Hosting provides no warranty for any goods or services which you obtain over the Internet nor the compatibility of any such services with the Grassroots Hosting system.
You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO Grassroots Hosting IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL Grassroots Hosting BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
Third Party Claims
You agree to fully defend and indemnify and hold harmless Grassroots Hosting of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Grassroots Hosting in any way related to your use of the Grassroots Hosting service or any portion thereof.
Copyright/Intellectual Property Violation
You agree to fully defend and indemnify and hold harmless Grassroots Hosting of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Grassroots Hosting service or any portion thereof. Choice of counsel remains exclusively that of Grassroots Hosting.
You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless Grassroots Hosting of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of Grassroots Hosting.
15. FORCE MAJEURE:
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labour disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
Your rights under this agreement may be assigned only upon prior notice and express approval by Grassroots Hosting. Grassroots Hosting may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Grassroots Hosting. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
18. CHOICE OF LAW:
This Agreement shall be interpreted under the laws of the Province of British Columbia without regard to any conflict of laws or 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 enforced in the Supreme Court of British Columbia. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by email and hereby waive any defense of any kind related to jurisdiction or venue.
19. NO AGENCY:
Notwithstanding any other provision of this agreement, Grassroots Hosting is not your agent, partner or associate in any respect.
Grassroots Hosting reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Grassroots Hosting Web site. Your continued use of Services following Grassroots Hosting’s posting of any changes or modifications will constitute your acceptance of such changes or modifications.