Terms of Service (TOS)

Last updated: Feb 10, 2010

The most current version of our Terms of Service can always be found at http://hosting.ninjawebmasters.com/tos/. This document may change from time to time. Changes go into effect and are applied to all customers from the time that they are posted to the above URL.

1. Service Description

   Ninja Web Masters provides internet web hosting and associated services and maintains dedicated server computers, other equipment and software which is integrated with the internet. These servers send and receive data and information in relationship to the internet. Customers wish to utilize the hardware and software resources of Ninja Web Masters to establish an internet web presence using Ninja Web Masters’ web hosting services and network.

2. Conditions

   The Customer’s application and this Agreement constitute a legal and binding contract between Ninja Web Masters and the Customer and does not extend to any other person or entity.

3. Warranties

   With respect to the services to be provided herein, the Customer acknowledges that Ninja Web Masters makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Ninja Web Masters shall not be liable to the Customer for any claims, damages, or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of, or in relation to, the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.

4. Information

   The utilization of any data or information received by the Customer from the utilization of the service to be provided by Ninja Web Masters is at the Customer’s sole and absolute risk. Ninja Web Masters specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of information obtained through the services to be provided hereby.

5. Payment

   Payment is due according to contracted rates following the establishment of the hosting service on the internet. Web space and services will automatically be billed one (1) month in advance according on the selected fee schedule associated with the web hosting plan. In the event that the Customer fails to pay for such services in advance, Ninja Web Masters shall be entitled to suspend the Customer’s service without notice until payment is made. If the account is delinquent for another billing cycle, then it will be deactived, which will result in all files and email being deleted from the server.

   A US$25.00 service fee will apply to each credit card chargeback (multiple chargebacks will each be billed $25.00 each). If a customer initiates a chargeback, then their account will be immediately suspended and the suspension will only be removed once the chargeback is reversed by the customer or the charges paid in full, including any chargeback fees.

   The customer will continue to be billed until the customer cancels their hosting account by submitting a ticket to Ninja Web Support. Ninja Web Masters will not deactivate hosting for a domain without a valid ticket. The customer is liable for all services rendered and billed up until the time that the account is canceled. Hosting charges are not pro-rated when an account is canceled. As long as the cancellation form is completed prior to the first of the next month, the customer will not be billed beyond the current month.

6. Restrictive Use

   Please see our Acceptable Use Policy (AUP)

7. Unilateral Service Revocation

   In the event that Ninja Web Masters may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, Ninja Web Masters may immediately discontinue such service to the Customer without liability. This will include failure to pay, illegal activities and/or unsolicited email.

8. Indemnification

   The Customer shall indemnify and hold harmless Ninja Web Masters from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against Ninja Web Masters and Ninja Web Masters’ officers, directors, and employees for any service provided to Customer by Ninja Web Masters to include web space content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.

9. Changes in Terms of Agreement

   Ninja Web Masters reserves the right to make changes to the terms and conditions of this Agreement at any time to include service pricing, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has paid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).

10. Entire Agreement and Understanding

    This document and services constitute the entire Agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

11. Relationship

    The parties here to are independent entities and nothing contained in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.

12. Governing Law

    This Agreement shall be governed by the laws of the State of California in the United States of America. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in San Diego County, California. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.

13. Severability

    In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.

14. Confidentiality

    Customer acknowledges that any information not generally known by, or disclosed to the public, to include but not be limited to computer programs, source code, algorithms and inventions are the property of Ninja Web Masters and may not be utilized or released without the express written permission of Ninja Web Masters.

15. Interpretation

    The format, words and phrases used herein shall have the meaning generally understood in the telecommunications/software/internet industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto. By placing an order telephonically, in writing and/or electronically.