TERMS OF SERVICE
Last updated: November 2, 2022
Somticoweb.com is operated and maintained by Somtico Web Hosting & Design LTD (“Somtico Web”). Somtico Web provides web hosting and web designing related services, such as domain registration to its clients or users.
These Terms of Service (the “Agreement”) is an agreement between Somtico Web (“us” or “our”) and you (“User” or “client” “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Somtico Web and of the somticoweb.com website (collectively, our “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Other Policies and Agreement
The use of our Services is also governed by the following policies, which are incorporated by reference into this Agreement and form one in the same. By using our Services, you also agree to the terms of the following policies :
By registering for or using our Services, you represent and warrant that:
You are eighteen (18) years of age or older. Our Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to our Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use our Services on behalf of a legal entity or another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with our Services.
It is your responsibility to provide accurate, up-to-date, truthful, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct, and complete at all times. Somtico Web is not responsible for any lapse in our Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the Somtico Web Support System. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
Transfer of Hosting Services
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service for up to 10 cPanel accounts (additional migrations are available at our standard hourly admin rate). We must be able to obtain a FULL cPanel backup from your current host and the compressed account size shall not exceed 1 GB. We reserve the right to discontinue or modify our transfer policy at any time .
We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases, we may not be able to assist you in a transfer of data from an old host. Where offered, the free transfer service is available for thirty (30) days from your sign-up date.
Transfers outside of the thirty (30) day period may incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Somtico Web be held liable for any lost or missing data or files resulting from a transfer to or from Somtico Web. You are solely responsible for backing up your data in all circumstances.
Somtico Web’s Content
Except for User Content (as defined below), all content available through our Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide our Services (collectively, “Somtico Web Content”), are the proprietary property of Somtico Web or Somtico Web’s licensors. Somtico Web Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold, or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly, or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any Somtico Web Content. Any use of Somtico Web Content, other than as specifically authorized herein, is prohibited, and will automatically terminate your rights to use our Services and any Somtico Web Content. All rights to use Somtico Web Content that are not expressly granted in this Agreement are reserved by Somtico Web and Somtico Web’s licensors.
You may be able to upload, store, publish, display, and distribute information, text, photos, videos, and other content on or through our Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through our Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Somtico Web that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Somtico Web reserves the right to remove any files that violate this policy under our sole discretion. User’s that violate this policy are subject to immediate suspension and/or termination.
Solely for purposes of providing the Services, you hereby grant to Somtico Web a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Somtico Web does not acquire any right, title, or interest in or to the User Content, all of which shall remain solely with you.
Somtico Web exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Somtico Web’s computers, network hubs and points of presence or the Internet. Somtico Web does not monitor User Content. However, you acknowledge and agree that Somtico Web may, but is not obligated to, immediately take any corrective action in Somtico Web’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Somtico Web shall have no liability due to any corrective action that Somtico Web may take.
Somtico Web may offer certain third-party products and services. Such products and services may be subject to the terms and conditions of the third-party provider. Discounts, promotions, and special third-party offers may be subject to additional restrictions and limitations by the third-party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third-party provider with whom you are dealing.
Somtico Web does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. You undertake all transactions with these third-party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Somtico Web is not an agent, representative, trustee, or fiduciary of you or the third-party.
Compatibility with Our Services
You agree to cooperate fully with Somtico Web in connection with Somtico Web’s provision of its Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of your Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Somtico Web is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Somtico Web to provide its Services, which may be changed by Somtico Web from time to time in our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Somtico Web does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
Somtico Web may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Somtico Web or others or cause Somtico Web or others to incur liability, as determined by Somtico Web in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Somtico Web shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Somtico Web may charge you for all fees due for the Services for the remaining portion of the then current term.
Upon termination of the services for any reason, user content, user websites, and other data will be deleted.
Change of Price
Somtico Web reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by Somtico Web through the user billing tool or through other methods of communication, including notices sent or posted by Somtico Web.
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
Limitation of Liability
In no event will Somtico Web its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of our services, or any user content, user websites or other materials accessed or downloaded through our services, even if Somtico Web is aware or has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, Somtico Web’s liability to you, or any party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Somtico Web for the services in the three (3) months prior to the initial action giving rise to liability. this is an aggregate limit. the existence of more than one claim hereunder will not increase this limit.
You agree to indemnify, defend and hold harmless Somtico Web, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of our Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
Somtico Web and User are independent contractors, and nothing contained in this Agreement places Somtico Web and User in the relationship of principal and agent, partners, or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Somtico Web shall not be responsible for any damages your business may suffer. Somtico Web makes no warranties of any kind, expressed, or implied for our Services. Somtico Web disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Somtico Web or our employees.
The services provided under this agreement are provided on an “as is” and “as available basis.” except as expressly provided in this section, Somtico Web and our affiliates, employees, agents, suppliers, and licensors disclaim all warranties of any kind, including but not limited to implied warranties of merchantability or fitness for a particular purpose, or non-infringement, for the services provided hereunder. Somtico Web and our affiliates, employees, agents, suppliers, and licensors make no representations or warranties (i) that the services will be uninterrupted, error free or completely secure; (ii) as to the results that may be obtained from the use of our services; or (iii) as to the accuracy, reliability or content of any information provided through the services. Somtico Web and our affiliates, employees, agents, suppliers, and licensors are not liable, and expressly disclaims any liability, for the content of any data transferred either to or from users or stored by users on or through the services. the terms of this section shall survive any termination of this agreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations, and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The headings herein are for convenience only and are not part of this Agreement.
Somtico Web may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Somtico Web website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
Somtico Web reserves the right to modify, change, or discontinue any aspect of the Services at any time.
In the event that any of the provisions of this Agreement is held to be invalid, illegal, or unenforceable in whole or in part by a court of competent jurisdiction, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.
No failure or delay by you or Somtico Web to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Somtico Web. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Somtico Web may assign our rights and obligations under this Agreement and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
The communications between you and Somtico Web shall be via electronic means, whether you visit the Platform or send Somtico Web e-mails, or whether Somtico Web posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Somtico Web in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Somtico Web provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
Governing Law; Jurisdiction
This agreement and our services shall be governed by the laws of Canada.
Any dispute, relating in any way, to your access or use of our Services or this Agreement shall be settled amicably. Should an amicable resolution fail within ten (10) days of consultations, such dispute shall be referred to mediation.