All products and/or services provided by Provider may only be used for lawful purposes. The laws of the State of CALIFORNIA, and the United States of America apply.
The customer agrees to indemnify and hold harmless Provider from any claims resulting from the use of Provider’s products and/or services.
Use of Provider’s products and/or services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of Customer’s account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated.
Provider services, including all related equipment, networks and network devices are provided only for authorized customer use. Provider systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Provider system(s) constitutes consent to monitoring for these purposes.
The customer also agrees that all licensing is subject to approval by the software manufacturer/vendor and that Provider has limited control over what licenses are revoked for inappropriate usage.
2) Restrictions on Use of the Site and Customer Conduct
In using the Site or Services, Customer must comply with all Applicable Laws including all Applicable Laws related to the import, export or re-export, directly or indirectly, of any software accessed or downloaded from or through the Site.
In using the Site and the Services, Customer agrees that Customer will not engage in any of the following or authorize or encourage any third party to engage in any of the following:
to comply with a legal process or governmental request.
With the exception of credit card numbers or payment information for the purchase of products and services, and server login information, Provider does not want to receive confidential or proprietary information through its web site.
Any information sent to Provider, with the exception of credit card numbers or payment information, and server login information, will be deemed NOT CONFIDENTIAL. Customer grants Provider an unrestricted, irrevocable license to display, use, modify, perform, reproduce, transmit, and distribute any information Customer sends Provider, for any and all commercial and non-commercial purposes.
Unless otherwise agreed upon by Provider in advance in writing, Customer also agrees that Provider is free to use any ideas, concepts, or techniques that Customer sends Provider for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques.
Provider may, but is not obligated to, review or monitor areas on its site where customers may transmit or post communications, including bulletin boards, chat rooms, and user forums. Provider is not responsible for the accuracy of any information, data, opinions, advice, or statements transmitted or posted on bulletin boards, chat rooms, and user forums.
Customer is prohibited from posting or transmitting to or from this web site any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, Provider will have no liability related to the content of any such communications.
4) Payment Information
Customer agrees to supply appropriate payment for the services received from Provider. An invoice for the service provided will be emailed to the client 3 days before the next billing due date. Customer agrees that until and unless Customer notifies Provider of Customer’s desire to cancel any or all services received, those services will be billed on a RECURRING BASIS (Continuous Payment Authority) automatically to Customer’s credit card on-file or PayPal subscription on file.
5) Modifications to Services and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service. When possible we will attempt to provide 30-day notice of any price or produce/service changes via email.
Customer is required to maintain an active licensing subscription for each of the software products purchased from Provider, and installed on your Licensed Server. “Licensed Server” means the single server operating solely from the IP address identified by You in the Pricing and Term Agreement to which the terms and conditions of this Agreement shall apply. A Licensed Server may be a Virtual Private Server. You may update the IP address associated with the Licensed Server from time to time during the Term (a) by visiting http://www.buycpanel.com or such other URL as we may designate from time to time.
You may NOT install or use our products on any additional servers or computers other than the Licensed Server. If You wish to install and use the Software on servers other than the Licensed Server, You will need to obtain a separate license for each additional server, including without limitation a separate license for each additional Virtual Private Server.
It is important to maintain an active licensing subscription for each of the software products purchased from Provider, and installed on your server. On occasion, for cPanel and CloudLinux licenses, cPanel, Inc. may choose to assess a reactivation fee based on the Internet Protocol (IP) Address of your license, if an active cPanel license is not consistently maintained per the cPanel End User Licensing Agreement (EULA) at https://cpanel.com/legal-store.html. In cases where cPanel assesses a reactivation fee, Customer is responsible for paying a reactivation fee before activation of a cPanel or CloudLinux license.
If Customer believes a reactivation fee has been incorrectly assessed by the cPanel, Inc. licensing system, Customer must contact Provider and provide any information required to submit a reactivation fee dispute to cPanel, Inc.
6) Cancellations and Refunds
Cancellations must be done in writing via the cancellation process on Provider’s website athttp://buycpanel.com/cancellicense.php. Cancellations must be made at least one (1) day before Customer’s service due date. Cancellations sent in on or after Customer’s service due date will not be subject to a refund. Once Provider receives Customer’s cancellation notice and has confirmed all necessary information Provider will inform Customer by e-mail that Customer’s service has been cancelled.
As a Customer of Provider, it is Customer’s responsibility to ensure that Customer’s payment information is up to date, and that all invoices are paid on time. Provider provides a two (2) day grace period from the time the invoice is due and when it must be paid. When an invoice is five (5) days past due the specific service(s) associated with that invoice will be suspended until payment is received. Provider reserves the right to change the monthly payment amount and any other charges at any time with thirty (30) days written notice to the Customer. Provider reserves
If Customer cancels account and payments still continue to recur for any reason, including but not limited to 1) by fault of the credit card processor and/or 2) by fault of any other payment collection company, Provider is to be held free of liability for any overdraft fees that are issued by Customer’s financial institution.
Provider offers a 7 day money back guarantee for all new services ordered. Upon written request via email to email@example.com Customer of Provider will receive a full refund of services ordered within the last 7 days.
Customer agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Provider, its agents, its customers, 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 Provider against liabilities arising out of; (1) any injury to person or property caused by any services and/or products sold or otherwise distributed in connection with Provider; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Provider’s servers.
to submit any dispute to binding arbitration. A “Dispute” shall include any dispute, claim or controversy of any kind, whether in contract, tort, legal or equitable, or on the alleged breach of any duty imposed by any statute, rule or regulation now existing or hereafter arising, relating in any way to any aspect of this agreement.
By using any Provider services, Customer agrees to submit to binding arbitration. If any disputes or claims arise against Provider or its subsidiaries, such disputes will be handled by an arbitrator of Provider’s choice. An arbitrator from JAMS will be selected. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Customer will be jointly responsible with Provider for any and all costs related to such arbitration.
9) Warranties and Disclaimers; Liability Limitations
Disclaimer of Warranty. CUSTOMER AGREES THAT USE OF THE PROVIDER’S SITE AND SERVICES IS ENTIRELY AT CUSTOMER’S OWN RISK. THE PROVIDER’S SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER MAKES NO WARRANTIES THAT: (I) THE SERVICES AND/OR PRODUCTS AND/OR SITE WILL MEET CUSTOMERS REQUIREMENTS; (II) THE SERVICES AND/OR PRODUCTS AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE PURCHASE OF THE SERVICES AND/OR PRODUCTS AND/OR USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES AND/OR PRODUCTS PURCHASED OR INFORMATION
OBTAINED BY CUSTOMER THROUGH THE SERVICES AND/OR PRODUCTS AND/OR SITE WILL MEET CUSTOMER’S EXPECTATIONS; OR (V) ANY ERRORS IN THE SERVICES AND/OR PRODUCTS AND/OR SITE WILL BE CORRECTED. PROVIDER DOES NOT WARRANT THIRD PARTY PRODUCTS.
PROVIDER ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.
Limitation of Liability. SOME STATES AND JURISDICTIONS INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO CUSTOMER. UNDER NO CIRCUMSTANCES SHALL PROVIDER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE), RESULTING FROM ANY
ASPECT OF CUSTOMER’S USE OF SITE, SERVICES, PROVIDER CONTENT OR USER CONTENT, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, SERVICES, PROVIDER CONTENT OR USER CONTENT, FROM INABILITY TO USE THE SITE, SERVICES, PROVIDER CONTENT OR USER CONTENT OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE, SERVICES, PROVIDER CONTENT OR USER CONTENT. SUCH
LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE, SERVICES, PROVIDER CONTENT OR USER CONTENT OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE, SERVICES, PROVIDER CONTENT OR USER CONTENT OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO CASE SHALL PROVIDER’S LIABILITY EXCEED THE AMOUNT CUSTOMER PAID FOR THE
APPLICABLE PRODUCT OR SERVICE.
THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, PROVIDER MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.
Provider makes no representation that information on this web site is appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this site do so on their own initiative and are responsible for compliance with all applicable laws.
10) Disclosure to law enforcement
Provider may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. Provider will cooperate fully with law enforcement agencies.
11) Choice of Law; Venue; Jurisdiction
This Agreement will be governed by and interpreted in accordance with the laws of the State of California without regard to the conflicts of laws principles thereof. Any dispute or claim arising out of or in connection with the Agreement not conclusively resolved by arbitration shall be exclusively and finally settled by the state or federal courts located in California. For purposes of this Agreement, Customer and Provider hereby irrevocably consent to exclusive personal jurisdiction and venue in the Superior Court of California, County of Orange, and the federal court in the Central District of California.
12) Account Security
If any of the Services on the Site require Customer to create an account, Customer must complete the registration process by providing Provider with true, current, complete and accurate information as prompted by the applicable registration form, and Customer will maintain and promptly update such information to keep it true, current, complete and accurate. Provider will not be held responsible for any loss of communication or problems that arise as a result of customers not informing Provider of their current and accurate contact details. Customer must select a password and a username. Provider may provide Customer with tools to assist Customer in evaluating the strength of the password Customer selects to access the Site and Services, but Provider cannot guarantee that such password will provide absolute protection.
Customer is responsible for maintaining the confidentiality of his/her/its password and account. Furthermore, Customer is responsible for any and all activities that occur under Customer’s account. Customer agrees to notify Provider immediately of any unauthorized use of Customer’s account or any other breach of security. Provider will not be liable for any loss that Customer may incur as a result of someone else using Customer’s password or account, either with or without Customer’s knowledge. However, Customer could be held liable for losses incurred by Provider or another party due to someone else using Customer’s account or password. Customer may not use anyone else’s account at any time. If Customer provides any information that is false, inaccurate, out of date or incomplete, or if Provider has reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, Provider may suspend or terminate Customer’s account and refuse any and all current or future use of the Services, the Site or any portion thereof.
Licenses and accounts are for the use of the primary owner only. Account holders are not permitted to “borrow”, “lend” or “sell”, their leased license to any third party. Account holders are not permitted to “borrow” or “lend”, their owned license to any third party.
13) Payment Methods Accepted
Provider accepts the following forms of payment: Visa, Mastercard, American Express, Discover Card, PayPal, and bank wire transfers. If Customer sends payment by wire transfer, Customer must notify Provider so that Provider can credit the wired funds to Customer’s account.
14) Specific Terms for Addon Providers
16) How To Contact Provider