Service and Usage Agreement

HomepageService and Usage Agreement


for the Services, You warrant that You are at least 18 years old, and legally capable of entering into a binding contract, or acting with express permission and using the payment details of a person or organization who in turn is agreeing to be bound by the terms of this contract. You acknowledge and accept that Your use of the Services must be by the General Terms & Conditions, Acceptable Use Policy, and Fair Use Policy.

 

General Terms & Conditions


Definitions
"Agreement" means any agreement to which these terms & conditions are incorporated.
"GetSuper Host.com" LLC (company number 92-0628345) and any associated group companies with registered office
. Registered Office Mailing Address:
P.O. Box or Street
Address: 13854 LAKESIDE CIRCLE
Apt/Suite/Other: 2ND FLOOR 311
City: STERLING HEIGHTS
State: MI 48313
"Package" means a collection of Services.
"Prices" means the Prices for the Services set out in order form or as otherwise notified to You.
"Services" means the Services to be provided by GetSuperHost.com.
"You/Your" means the person or company who purchases Services from GetSuper Host.com.
Duration and Renewal of Services
Services for which payment is required on other than a monthly basis are available for fixed 12-month, 24-month, or 36-month minimum contract periods.
When Entering into a contract as a consumer (not in the course of conducting business) the Consumer Protection (Distance Selling) Regulations 2000 allow you to cancel the Contract at any time within seven working days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the seven working days cooling off period has expired. As a result, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000.
Digital goods
Services are delivered in electronic format.
Web hosting service is considered delivered starting from the moment it was configured on GetSuper Host.com's servers.
Domain name registration/transfer is considered done starting from the moment that the corresponding record appeared in the domain registrar's WHOIS database.
The client is sent a written confirmation when the above-mentioned action completes.
Cancellations
When entering into a contract as a consumer (not in the course of conducting business) the Consumer Contracts (Information, Cancellation and Additional Charges) EU regulations ("the Regulations") allow you to cancel the Contract at any time within 14 days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the 14 days cooling off period has expired. As a result, you will not have the right to cancel the Contract under the regulations.
For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer, and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, or agreed by GetSuperHost.com in writing before purchase, Services are not available on a trial basis. It is Your responsibility to ensure that the Services you purchase are suitable for your technical requirements.
You are entitled to cancel the services by submitting a cancellation request using the online account management interface no less than one day before the next payment date of that service. Once GetSuperHost.com accept your cancellation request you will be provided with written confirmation. Cancellation requests will not be deemed to have been received and accepted until we have issued our written confirmation to you.
Cancellations are processed within 24 hours after receipt of confirmation.
GetSuperHost.com reserves the right to cancel and/or suspend Your Service at any time without notice if You breach these General Terms & Conditions and/or the Domain Registration Terms & Conditions and/or our Acceptable Use Policy and/or Fair Use Policy.
Money Back Guarantee
You are entitled to reimbursement of all fees paid to GetSuperHost.com excluding domain-related payments and payments for one-time billed account add-ons if a Services cancellation request was submitted within 30 days from the date the initial order for these services was placed.
To apply for reimbursement a written request must be submitted using the online GetSuperHost.com account management interface. Such request shall be submitted within 30 days from the date payment was made.
Money Back Guarantee is not available where the Customer has breached any part of the GetSuperHost.com General Terms & Conditions and/or our Acceptable Use Policy or whose account has been suspended or terminated as a result of any such breach.
Refunds
Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.
If GetSuperHost.com cancels Your Service for reasons other than Your breach of contract, You will be entitled to a pro-rata refund based upon the remaining period of Your current contract term.
If You contravene Your Agreement with GetSuper Host.com, a refund will not be issued in the event of a cancellation.
Domain-related payments are non-refundable as domain registration can not be canceled and the domain remains usable and active during the entire period of registration.
Payments for one-time billed account addons are non-refundable.
Credit notes can only be used for payment (or partial payment) of Your Service, and are non-refundable.
Unused reseller funds on the account will only be recoverable when the account is closed.
Refund requests shall be processed within 14 working days from the date such request was received. We reserve the right to issue reimbursement using a payment method other than used to commit the initial transaction.
Payment
All Services and Packages must be paid for in advance by the specific provisions of that Service or Package. By signing up for a GetSuper Host.com account You agree to commit to the contract for a fixed term. It is not possible to provide early payment and terminate the contract before the expiry of the fixed term.
Payment will be due based on the Service and/or Package You have selected. If You have purchased Services on a fixed 12-month, 24-month, or 36-month basis then You will be required to pay on the payment plan You selected, paying in advance. Otherwise, payment will be required monthly in advance.
You will be invoiced automatically for the next pre-paid period based on your current payment plan shortly before the expiry of the current pre-paid period unless You have canceled the Services by the cancellation procedure outlined in this document. Payment of the Price will be taken via the payment method specified within the control panel and will be non-refundable. In cases of failed payment, the invoice will become due and payable to GetSuperHost.com in its entirety.
GetSuperHost.com reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. Notice of changes to Prices and/or Services will be given by e-mail to the e-mail address held in Your GetSuper Host.com Account. If You have already purchased a particular Service then the change in the Price or nature of that Service will only become effective when the Service reaches the end of its current term. You will be charged the new Price when the Service is automatically renewed at the end of the current term.
All payments must be made in US Dollars, inclusive of applicable taxes.
You warrant that You are authorized to make payment using the payment card or facility You disclose to GetSuper Host.com. If You are not the named cardholder, You acknowledge that You and the party who is the named cardholder both accept GetSuper Host.com's Terms & Conditions and are jointly and severally liable for the payment of all Prices for which payment will be taken from the payment card. You will indemnify and hold GetSuper Host.com harmless if the cardholder or issuer declines any transaction for payments to GetSuperHost.com, including all of GetSuperHost.com's costs in administering Your non-payment and obtaining payment of those Prices due.
GetSuperHost.com reserves the right to suspend all Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to an administration charge. You are responsible for all money owed on the account from the time it was established until GetSuper Host.com accepts Your cancellation request. You are responsible for any additional costs incurred by GetSuper Host.com in the collection of outstanding debt.
You are required to have a valid email address at all times, failure to do so may result in the automatic suspension of Your account.
Payments processed by PayPal are subject to PayPal's terms and conditions of Service, and GetSuper Host.com makes no representations or warranties concerning those Services.
No bills or invoices will be sent by regular mail. All invoices will be sent directly to You via email shortly before or after the purchase or automated renewal transaction is completed.
If You fail to pay all Prices due, GetSuperHost.com reserves the right to interrupt, suspend or cancel the Services to You. Such interruption, suspension, or cancellation does not relieve You from paying all contractually obligated invoices to GetSuper Host.com.
Please refer to Domain Registration Terms & Conditions including, but not limited to, the specific payment policies.
Any unused Credit notes on Your Account will be taken in payment for Your Service. Where the value of the unused Credit note is less than the total payment due, the remainder of the balance will be taken from the current payment method on Your account.
Credit card charges will appear on your statement as "Get Super*INV ######" where hash signs represent the invoice number.
Chargebacks
If You withdraw any payments made via a bank, credit card, or PayPal account (a "chargeback") GetSuper Host.com will either defend such chargebacks directly with the card issuer or take appropriate steps to recover the original monies from You in addition to an administration fee for each chargeback raised.
If a chargeback is made, GetSuperHost.com reserves the right to immediately interrupt, suspend or cancel all services within your Account. Such interruption, suspension, or cancellation does not relieve You from paying all contractually obligated invoices to GetSuper Host.com.
Appropriate Service use
GetSuperHost.com reserves the right to refuse service and/or access to its servers and/or Services to anyone.
getsuperhost.com does not allow any content which breaches our Acceptable Use Policy to be stored on its servers. GetSuperHost.com reserves the right to remove content from the Services or suspend the Services immediately where it reasonably suspects such content breaches the Acceptable Use Policy.
get super Host.com shall notify You if it becomes aware of any allegation that You breach the Acceptable Use Policy or Fair Use Policy.
Refusal of Service based on the content being contrary to our Acceptable Use Policy or Fair Use Policy is entirely at the discretion of GetSuperHost.com.
GetSuperHost.com reserves the right to move Your data to a different server with no prior notice.
You shall indemnify GetSuperHost.com against all damages, losses, and expenses arising as a result of any action or claim that the data, content, and/or any other material breaches the Acceptable Use Policy or Fair Use Policy.
If GetSuper Host.com removes data or content from the Services and/or suspends Your site under the Acceptable Use Policy or Fair Use Policy, and later reinstates such content and/or resumes the Services, You shall indemnify GetSuper Host.com against all damages, losses, and expenses arising as a result of any action or claim that such content and/or data and/or the Services Your site breaches the Acceptable Use Policy or Fair Use Policy.
A $10 domain deletion fee will be assessed if GetSuper Host.com deletes the domain registration under the Acceptable Use Policy.
Scheduled maintenance
To guarantee optimal performance on the servers, GetSuperHost.com must perform routine maintenance. Such maintenance often requires taking GetSuperHost.com Services off-line, typically performed during off-peak hours. GetSuperHost.com will give You advance notice of maintenance requiring the Services to be taken offline whenever possible by publishing a notice on the GetSuperHost.com website.
Support
We will endeavor to provide a continuous high-quality service. If You experience problems with Your Service, You should consult the GetSuperHost.com support website and search for a resolution to Your problem in GetSuperHost.com Knowledge Base. You will also find GetSuper Host.com support contact details in the client area of the GetSuper Host.com website at https://www.GetSuperHost.com/sign-in/.
Please note we may require suspension of some of GetSuper Host.com Services for short scheduled periods to carry out maintenance or repair to GetSuperHost.com Services. Information concerning scheduled downtime is available on the GetSuperHost.com support website, as are details of any interruptions to GetSuper Host.com Services.
Reselling of Services
All Services are intended for use by the primary owner only, should you choose to resell, store or give away web-hosting Services to other parties You agree that such activity will be undertaken at your own risk. You also accept responsibility for ensuring that all end users abide by these terms of service.
GetSuperHost.com accept no liability to you or any third parties for losses arising from the Reselling of services.
GetSuperHost.com reserve the right to suspend access to the automated management facilities of the Reseller account including the API (Application Programming Interface) if a customer's use is deemed to be affecting the platform for which GetSuper Host.com delivers the Services.
Data
All data created or stored by You within GetSuper Host.com's applications and servers are Your property. get super Host.com shall allow access to such data by only authorized GetSuper Host.com personnel. get super Host.com does not claim ownership of any web server content, email content, or any other type of data contained within the accountholder's server space or within applications on GetSuper Host.com's servers.
get super Host.com maintains backups of its servers and infrastructure under its own archiving and business continuity procedures. In the event of loss of or damage to your data relating to actions made by You or on Your behalf, you will not be given access to any data stored as part of these procedures.
In the event of loss of or damage to your data relating to a failure in GetSuper Host.com systems or servers, GetSuper Host.com will make reasonable commercial efforts to assist you in the restoration of your data, however, You accept full responsibility for maintaining adequate backup copies of all your data.
You shall indemnify GetSuperHost.com against all damages, losses, and expenses arising as a result of any action or claim that the content or data of Your site or content or data accessed from or published as part of the Services infringes the intellectual property rights of a third party.
Passwords
It is the account owner's responsibility to keep his/her password(s) confidential and to change the password regularly. get super Host.com is not responsible for any data losses or security issues due to stolen passwords or any passwords that You have intentionally or accidentally disclosed to any third party.
You accept full responsibility for any purchases or modifications made within your control panel by You or by third parties using your account password.
Your details
You warrant that the contact information that you provide to us on the establishment of your account is correct and that You accept responsibility for keeping this information up to date at all times. You agree that we may suspend access to your account and the Services if we reasonably believe that the information you have supplied is inaccurate.
Please note that whilst Your email is primarily used for billing purposes, GetSuperHost.com reserves the right to email You information about its product offerings. You can unsubscribe from marketing communications within Your GetSuperHost.com control panel.
get super Host.com will not provide any of Your personal information to other companies or individuals without Your permission unless required to do so by law. However, GetSuper Host.com may need to provide Your name and delivery address to third parties that GetSuper Host.com may use to deliver specific Services to You (e.g. customer support). For more information about how GetSuper Host.com will collect and use Your personal information please read GetSuper Host.com's privacy policy.
Disclaimers and Warranties
GetSuperHost.com does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, GetSuperHost.com cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any Service interruptions caused by GetSuper Host.com.
get super Host.com makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder "as is" without warranty of any kind.
So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties, and terms (whether express or implied by statute, common law, custom, or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded about each of the Services to be provided hereunder to the fullest extent permitted by law.
For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer, and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
Liability
get super Host.com shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error, or omission made by You or on Your behalf.
get super Host.com will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
No matter how many claims are made and whatever the basis of such claims, GetSuper Host.com's maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or tort shall not exceed a sum equal to the fees paid by You for the Services about which Your claim arises during 1 month period before such claim.
None of the clauses herein shall apply to restrict liability for death or personal injury resulting from the negligence of GetSuper Host.com, its employees, or its sub-contractors.
get super Host.com shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:
interruptions to the flow of data to or from the internet;
changes, updates, or repairs to the network or software that it uses as a platform to provide the Services;
the effects of the failure or interruption of Services provided by third parties;
factors outside of GetSuper Host.com's reasonable control;
Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
problems with Your equipment and/or third-party equipment;
interruptions to the Services requested by You.
Force Majeure
get super Host.com shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs, or other industrial disputes (whether involving the workforce of GetSuper Host.com (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication Services generally, or other similar force beyond its reasonable control.
Non-Waiver
The failure of GetSuper Host.com to require Your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by GetSuper Host.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Survival
The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable notwithstanding termination of the Agreement for any reason. However, neither party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement by its terms but each party shall be liable for any damage from any breach by it of this Agreement.
Notice
You agree that any notice or communications required or permitted to be delivered under this Agreement by GetSuper Host.com to You shall be deemed to have been given if delivered by e-mail, by the contact information You have provided.
Governing Law
Except as otherwise outlined in the Domain Dispute Policy, Your rights and obligations and all contemplated by this Agreement shall be governed by the USA law and You submit to the exclusive jurisdiction of the USA.
Legal Fees
If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs, and disbursements, in addition to any other relief to which the prevailing party may be entitled.
Assignment
You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of GetSuper Host.com However, if GetSuper Host.com consents to such an assignment, sub-license, or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
Entire Agreement
This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise, and no agreements collateral here to than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals, or undertakings, oral or written, concerning the subject matter expressly set forth herein.
Amendment in Writing
We may update or amend these General Terms and Conditions, the Domain Registration Terms & Conditions including any technical specification relating to the Services and/or Package, the Acceptable Use Policy, Fair Use Policy, Privacy Policy, and any information relating to the Services/Package from time to time to comply with law or to meet our changing business requirements. We will give You prior notice of any changes to the Agreement and You can choose to cancel the Services without penalty before the new terms affect you. Display of the modified terms and conditions shall be deemed to be noticed by you. You also agree to review the terms and conditions regularly to ensure you are aware of any modifications.
Further Assurances
The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.
Relationship of the Parties
Nothing in this Agreement shall be construed as creating an agency relationship, partnership, or joint venture between the parties.
Joint and Several Obligations
If any party consists of more than one entity, their obligations hereunder are joint and several.
No Third Party Beneficiaries
This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action, or privilege.
Severability
If any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by an applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. get super Host.com will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of GetSuper Host.com as reflected in the original provision.

Please note: by signing up for any of our services you agree to be bound by all Get Super Host LLC terms and conditions.


Powered by WISECP
cww trust seal Top