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Super Biz Hero and all subsidiaries (35 Dollar Websites) agree to provide you, the Customer, the best services possible. We are committed to excellence and will be happy to resolve any issues or concerns you may have. For assistance or to discuss services rendered, please contact our customer service division: support@superbizhero.com. Purchases consist mainly of services or software and therefore all purchases are non-refundable.

LIMITATION OF LIABILITY

You agree that Super Biz Hero's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by Super Biz Hero to You under this Agreement, and for any breach of this Agreement by Super Biz Hero, shall be limited to the fees You paid to Super Biz Hero for Web Hosting services. Super Biz Hero shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Your website or Super Biz Hero's servers. You agree to take full responsibility for all taxes and fees of any nature associated with such products sold. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us s a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.


SLA CLAIMS

To properly claim SLA credit that is due the owner of the account must open an SLA ticket located in our support area within seven days of the purported outage. You must include the service type, primary domain, contact information, and a full description of the service interruption including logs if applicable. The SLA claim will be researched by the billing department and credit will be issued accordingly. SLA credits are issued as service credits on the next billing cycle. Please allow up to fourteen (14) days for processing of the SLA claims.

Uptime Guarantee SLA Credit
99.9% Guaranteed
99.8% 10%
99.7% 20%
99.6% 30%
99.5% 40%
99.4% 50%
99.3% 60%
99.2% 70%
99.1% 80%
99.0% 90%
Less than 99% 100%

 

 

DISCLAIMER OF WARRANTIES.

SUPER BIZ HERO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TERM OF AGREEMENT; MODIFICATIONS

The term of this agreement shall continue in full force and effect as long as Super Biz Hero is providing Web Hosting services to You.

You agree that Super Biz Hero may modify this Agreement from time to time. For the most current version of this agreement, refer to Super Biz Hero's website. Super Biz Hero may also discontinue services it provides under this Agreement. You agree to be bound by any changes Super Biz Hero may reasonably make to this Agreement when such changes become effective.


Web Site Hosting, Design, and Promotion License Agreement

This Web Site Hosting Agreement ('Agreement') is by and between Super Biz Hero ('Super Biz Hero'), a Texas Corporation, and you, your heirs, assigns, agents and contractors ('You' or "Customer") and is effective upon clicking the "I Accept" button or signing the paper agreement. This Agreement sets forth the terms and conditions of Your use of Super Biz Hero's Web Site Hosting ('Web Hosting') services and represents the entire agreement between You and Super Biz Hero. By using Super Biz Hero's Web Hosting services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which Super Biz Hero may establish from time to time.

1. FEES

As consideration for the services purchased by You and provided to You by Super Biz Hero, You agree to pay Super Biz Hero a monthly fee. Your monthly billing date will be determined based on the day of the month You establish Your Web Hosting relationship with Super Biz Hero unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month. Payment is to be made by You providing a check, money order, cash, or valid credit card for charge by Super Biz Hero, and is nonrefundable. If for any reason Super Biz Hero is unable to charge your credit card with the full amount of the service provided, or if Super Biz Hero is charged back for any fee it previously charged to the credit card You provided, You agree that Super Biz Hero may pursue all available remedies in order to obtain payment.

You agree that You will be responsible for notifying Super Biz Hero should you desire to terminate Your use of Super Biz Hero's Web Hosting services. Notification of Your intent to terminate must be provided to Super Biz Hero no earlier than 10 days prior to You billing date but no later than three days prior to Your billing date. In the absence of notification from You, Super Biz Hero will automatically continue Web Hosting services indefinitely and will bill your or charge your credit card You have on file with Super Biz Hero, at Super Biz Hero's then current rates. It is Your responsibility to keep your credit card information current, including the expiration date. In the event You terminate, moving your web site off of the Super Biz Hero hosting servers is Your responsibility. Super Biz Hero will not transfer or FTP Your web site to another provider.

2. TERM OF AGREEMENT; MODIFICATIONS

The term of this agreement shall continue in full force and effect as long as Super Biz Hero is providing Web Hosting services to You.

You agree that Super Biz Hero may modify this Agreement from time to time. For the most current version of this agreement, refer to Super Biz Hero's website. Super Biz Hero may also discontinue services it provides under this Agreement. You agree to be bound by any changes Super Biz Hero may reasonably make to this Agreement when such changes become effective.

3. DESCRIPTION OF SERVICE

Super Biz Hero currently provides Web Hosting services to its customers for a monthly fee. Super Biz Hero will host Your web site on Super Biz Hero's Web Hosting servers, provided, however, You abide by the terms and conditions set forth herein and in each of Super Biz Hero's policies and procedures.
You are responsible for ensuring that Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for ensuring the legal copyright to any images, text, or other web site elements that are not provided by Super Biz Hero. Both You and Super Biz Hero acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Super Biz Hero can make no guarantee that any given reader shall be able to access Super Biz Hero's server at any given time.

Super Biz Hero shall make no effort to validate any information you post for content, correctness, or usability. You agree that You have the necessary knowledge to create and manage Your website. You agree that it is not the responsibility of Super Biz Hero to provide this knowledge or Customer Support outside of the defined service of Super Biz Hero web hosting.

Super Biz Hero makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Super Biz Hero also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by You, including loss of data resulting from delays, non-deliveries, or service interruptions by any cause or errors or omissions of You. Use of any information obtained by way of Super Biz Hero is at Your own risk, and Super Biz Hero specifically denies any responsibility for the accuracy or quality of information obtained through its services.

4. YOUR OBLIGATIONS

You agree that You have provided accurate, current and complete information in the application process and that You will notify Super Biz Hero within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Super Biz Hero to determine the validity of information provided by You, will constitute a material breach of this Agreement.

If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Super Biz Hero has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Super Biz Hero has the absolute right, in its sole discretion, to terminate its Web Hosting services and close Your account.

You warrant that each application You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant that the web site being hosted by Super Biz Hero will not be used in connection with any illegal activity. You certify that You are at least 18 years of age, or that Your parent or legal guardian will act as the customer in terms of this contract.

You agree to make use of Super Biz Hero servers primarily for the purpose of hosting a website, and associated e-mail functions. Servers are shared with other customers, and as such, IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run) are not encouraged. IRC bots specifically may not be run on any Super Biz Hero server, and if your processes are adversely affecting server performance disproportionately, Super Biz Hero reserves the right to negotiate additional charges with You and/or discontinue the offending processes.

You are responsible for and must provide all telephone, computer, hardware, and software equipment and services necessary to access Super Biz Hero's servers. Super Biz Hero makes no representations, warranties, or assurances that Your equipment will be compatible with Super Biz Hero servers.

6. SUPER BIZ HERO'S RIGHTS

Super Biz Hero explicitly reserves the right and sole discretion to: a. Censor any web site hosted on its Web Hosting servers that, in Super Biz Hero's sole discretion, is deemed inappropriate; b. Review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; c. Modify its pricing through email notification; d. Terminate Your Web Hosting service for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; nonpayment of Web Hosting fees; and other activities whether lawful or unlawful that Super Biz Hero determines to be harmful to its other customers, operations, or reputation; e. Terminate Your Web Hosting service if the contents of Your web site result in, or are the subject of, legal action or threatened legal action, against Super Biz Hero or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.

You agree to indemnify and hold harmless Super Biz Hero for any complications arising out of Your use of Super Biz Hero's Web Hosting services, including actions Super Biz Hero chooses to take to remedy Your improper or illegal use of a web site hosted by Super Biz Hero. You agree You will not be entitled to a refund of any fees paid to Super Biz Hero if, for any reason, Super Biz Hero takes corrective action with respect to Your improper or illegal use of its Web Hosting services.

7. DISPUTE RESOLUTION POLICY

You agree to be bound by Super Biz Hero's current Dispute Resolution Policy.

You agree that if a dispute arises as a result of one or more web sites Super Biz Hero is hosting for You, You will indemnify, defend and hold Super Biz Hero harmless for damages arising out of such dispute. You also agree that if Super Biz Hero is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by Super Biz Hero, that Super Biz Hero, in its sole discretion, may take whatever action Super Biz Hero deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled

10. LIMITATION OF LIABILITY

You agree that Super Biz Hero's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by Super Biz Hero to You under this Agreement, and for any breach of this Agreement by Super Biz Hero, shall be limited to the fees You paid to Super Biz Hero for Web Hosting services. Super Biz Hero shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Your website or Super Biz Hero's servers. You agree to take full responsibility for all taxes and fees of any nature associated with such products sold. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us s a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

11. INDEMNITY

You agree to release, defend, indemnify and hold harmless Super Biz Hero and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with Super Biz Hero and/or Your use of the Web Hosting services provided by Super Biz Hero.

13. DISCLAIMER OF WARRANTIES.

Super Biz Hero EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14. SEVERABILITY

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

15. TRANSFER
You may not transfer this contract without the written consent of Super Biz Hero.

16. VENUE; WAIVER OF TRIAL BY JURY

THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF TEXAS. THE LAWS AND JUDICIAL DECISIONS OF HARRIS COUNTY, TEXAS, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF HARRIS COUNTY, TEXAS.

YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

17. NOTICES

You agree that all notices (except for notices concerning breach of this Agreement) from Super Biz Hero to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address you have on file with Super Biz Hero. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by You upon Your next payment as specified in Section - Fees.

Notices from You to Super Biz Hero shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:

Super Biz Hero
Attn: Client Services
10924 Grant Road #511
Houston, TX 77070

Copyright © 2002 Super Biz Hero / 35 Dollar Websites. All Rights Reserved.

 

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  • Custom Website Design - up to 15 pages
  • Hosting of your Website & Email
  • Site Updates Once Each Month
  • 99.9% Up-Time Guarantee
  • Phone & Email Support
  • No Contracts Required

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