Terms & Conditions
This is an agreement between you ("Account Holder") and AT&T and its Affiliates ("AT&T") regarding your use of AT&T´s computer, interactive information, communication and server management services related to hosting one or more websites ("Services").
This Agreement governs the terms and conditions under which AT&T makes the Services offered by AT&T available. Under this Agreement, you must comply with the "Acceptable Use Policy," as updated from time to time by AT&T, which can be viewed at www.corp.att.com/aup. You must comply with the Service requirements as defined in the service guide, as updated from time to time by AT&T, which can be viewed at http://serviceguidenew.att.com/sg_flashPlayerPage/WH. If you purchase or transfer a domain name through AT&T you must comply with the “Domain Name Registration Agreement”, as updated from time to time by AT&T, which can be viewed at http://webhosting.att.com/domain-agreement/. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY SUBMITTING SUBSCRIBER INFORMATION, REGISTERING, AND ACTIVATING THE WEB HOSTING ACCOUNT, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT SUBMIT THE SUBSCRIBER INFORMATION OR ACTIVATE THE WEB HOSTING ACCOUNT.
2.1 Term Commencement
This agreement ("Agreement") becomes effective when Account Holder inputs subscriber information, registers and activates their account.
2.2 Initial Term
AT&T will host an account for Account Holder, for the Account Holder´s registered domain name, for the period of time corresponding with the payment plan chosen by the Account Holder in the registration process (the "Initial Term").
2.3 Renewal term(s)
If Account Holder wishes to terminate the Services at the end of the Initial Term or any subsequent Renewal Terms, the Account Holder should send AT&T notice of intent to terminate either by (a) faxing the notice to 1-866-584-5946 or (b) by emailing the notice from the email contact account to firstname.lastname@example.org or (c) by calling technical support at 1-888-932-4678. If Account Holder submits the notice of termination by email, the Account Holder shall confirm the termination by sending a second email or fax from the administrative contact phone number or contact email address on file. Account Holder notice of termination may not be submitted via U.S. mail. For Account Holders on month-to-month plans, if Account Holder fails to notify AT&T of its intent not to renew, Service will be deemed renewed by Account Holder under the terms of this Agreement on a month-to-month basis at customer’s then-current rates and charges applicable for month-to-month Service. For Account Holders on annual (12-month) plans, if Account Holder fails to notify AT&T of its intent not to renew, Service will be deemed renewed by Account Holder under the terms of this Agreement on an annual basis at customer’s then-current rates and charges for annual Service. If Account Holder renews for the Renewal Term, this Agreement will be renewed for the Renewal Term at AT&T´s then-current rates and charges.
Fees and Payment Terms
3.1 Fees and Expenses
Unless modified in accordance with Section 3.3. Account Holder will pay all fees due according to the prices and terms selected during the registration process, including overage fees, which are those fees that may be charged if an Account Holder utilizes resources in excess of the Account Holder´s plan limit ("Overage Fees").
3.2. Payment Terms
AT&T reserves the right to require a security deposit prior to provisioning Service. All installation or set-up fees and non-recurring charges, along with the first term´s (prepaid, one month or one year) service fees, shall be due and payable: 1.) if Account Holder is being billed with their telephone bill, on the due date of such bill; and 2.) if other payment arrangements have been made, within 14 calendar days of invoice date. If the original method of payment is no longer available (for example a credit care or billing telephone number becomes invalid) and the account holder has not cancelled the service, AT&T may pursue alternative means to bill the account holder. Recurring fees and any Overage Fees will be invoiced, in advance, for the same term as the Initial Term chosen by Account Holder, according to AT&T´s billing cycle. Accounts that are past due will receive seven (7) calendar days notice to pay. If the account is still unpaid after that seven (7) calendar day cure period, service(s) may be suspended or terminated. Reactivation of the service after termination or cancellation for any reason shall require the payment of additional charges and is subject to the availability of facilities and data. All inquiries regarding payment or your account should be directed in the United States to 888-WEB-HOST (888-932-4678), or to 972-234-4847 if outside of the U.S.
3.3 Price Changes
During the initial term of this Agreement, Account Holder will not be charged an amount greater than the price set for the Services hereunder. AT&T, however, reserves the right, without prior notice, after such Initial Term, to change the prices charged to the Account Holder for the services provided by AT&T. Upon renewal, as provided in paragraph 2.3 above, the prices charged may be changed to the then prevailing price for the Services.
Account Holder shall pay or otherwise be responsible for all federal, state, or local sales, use, excise, gross receipts, municipal fees, transfer, transaction, property, or similar taxes, fees, or surcharges (hereinafter "Tax") imposed on, or with respect to, the Services under this Agreement.
Account Holder Obligations
4.1. Warranties of Account Holder
Account Holder represents and warrants that; (i) Account Holder is not a minor and is legally capable of entering into this Agreement, (ii) the performance of its obligations and use of the Services (by Account Holder, its customers and users) will not violate any applicable laws, regulations or cause a breach of any agreements with any third parties or unreasonably interfere with other AT&T customers´ use of AT&T services; (iii) Account Holder is not a resident of any country or affiliated with any of the organizations prohibited to do business within the United States as defined and set forth at: http://www.treas.gov/ofac and http://www.bis.doc.gov/dpl/thedeniallist.asp and (iv) that it will strictly comply with the Acceptable Use Policy, as set forth below in Section 4.2. of this Agreement, and these Terms and Conditions.
4.2 Compliance with Law and Acceptable Use Policy and Terms and Conditions
Account Holder agrees that it has received, read and understands the Acceptable Use Policy. The Acceptable Use Policy contains restrictions on Account Holder´s and Account Holder´s users´ online conduct (including prohibitions against unsolicited commercial email) and may contain financial penalties for violations of such restrictions. In the event that Account Holder fails to comply, Account Holder agrees to pay the financial penalties in accordance with the Acceptable Use Policy. The current version of the Acceptable Use Policy is set forth at www.corp.att.com/aup for Account Holder´s reference. AT&T may change the Acceptable Use Policy upon notice to Account Holder, which notice may be provided by posting such new Acceptable Use Policy at the Web site www.att.com/webhosting.
4.3 Prohibited Uses
In addition to those matters set forth in the Acceptable Use Policy, Account Holder shall not post, transmit, re-transmit or store material on or through any of Services which, in the sole judgment of AT&T (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Account Holder. Account Holder agrees to indemnify and hold harmless AT&T from any claims resulting from the use of the services which damages Account Holder or any other party.
4.4. Government Regulations
The Account Holder will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction the Account Holder operates or does business. Account Holder shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products. Account Holder shall, upon the request of AT&T, provide AT&T assurance of Account Holder´s compliance with those laws. Account Holder acknowledges that AT&T exercises no control whatsoever over the content of the information passing through Account Holder´s site(s) and that it is the sole responsibility of Account Holder to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and the Acceptable Use Policy.
4.5 No Third Party Beneficiaries
AT&T and the Account Holder agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or the customers of the Account Holder. The Account Holder agrees that it shall specifically inform its customers that they are not third party beneficiaries of this Agreement.
4.6 Breach of Warranties
In the event of any breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, AT&T will have the right, in its sole reasonable discretion, to suspend immediately any related Services if deemed reasonably necessary by AT&T to prevent any harm to AT&T and its business. AT&T will provide notice and opportunity to cure if practicable depending on the nature of the breach. Once cured, AT&T will restore the Service(s) as soon as practical.
4.7 Termination for Violation
Violations of these or any other provisions of this Agreement may result in termination of the services provided by AT&T in its discretion, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of AT&T based upon the severity of the violation. AT&T reserves the right to refuse service if any of the content within, or any links from, the Account Holder´s website is deemed prohibited unlawful, unlicensed, illegal, misleading, or obscene, or is otherwise in breach of AT&T´s then current "Acceptable Use Policy" in AT&T´s sole discretion. If AT&T terminates the services being provided to the Account Holder due to a violation of the Acceptable Use Policy or Service Guide, such termination shall be without refund, and Account Holder may be liable for early termination fees. Notwithstanding anything in this Agreement, the content of the Account Holder´s web hosting account is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless AT&T from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney´s fees, costs, and other expenses incurred by AT&T, (collectively, "Claims") related to or in connection with the content of the Account Holder´s website. The terms of this Section will survive any termination of this Agreement. If the Account Holder sells or resells advertising or webspace to a third party, then the Account Holder shall be responsible for the contents of such advertising and the actions of such third party. AT&T has the absolute right to reject any advertising or other third party content that is illegal, offensive, or otherwise in breach of the then current "Acceptable Use Policy". The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by AT&T, AT&T may terminate the services being provided to the Account Holder, without refund.
Representations and Warranties
5.1 Authority and Performance of AT&T
AT&T represents and warrants that (i) it has the legal right to enter into this Agreement and perform its obligations hereunder, and (ii) the performance of its obligations and delivery of the Services to Account Holder will not violate any applicable U.S. laws or regulations, or cause a breach of any agreements with any third parties. AT&T warrants that it is either the owner or licensee of any software involved herein and all documentation related to any such software, and has the right and power to deliver and license or sublicense the software and all documentation related to the software.
5.2 No Other Warranty
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND ACCOUNT HOLDER´S USE OF THE SERVICES IS AT ITS OWN RISK. AT&T DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. AT&T DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. AT&T DOES NOT WARRANT THAT THE SOFTWARE, INCLUDING SECURITY SOFTWARE, OPERATES WITHOUT ERROR OR WILL PREVENT THIRD PARTY HACKING OR ACCESS TO ACCOUNT HOLDER´S NETWORKS. IN THE EVENT OF A BREACH OF THE WARRANTIES SET FORTH IN THIS SECTION 5, ACCOUNT HOLDER´S SOLE REMEDY IS TERMINATION PURSUANT TO SECTION 9 OF THE AGREEMENT.
Limitation of Liability
6.1 Service Interruption
AT&T will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not limited to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall AT&T be liable to the Account Holder for any damages resulting from or related to any failure or delay of AT&T in providing access to the Internet under this Agreement. AT&T´s liability is limited to the value of the Account Holder´s contract.
6.2 Disclaimer of Actions Caused by and/or Under the Control of Third Parties
AT&T DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM AT&T´s NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT ACCOUNT HOLDER´S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH AT&T WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, AT&T CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, AT&T DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
6.3 Disclaimer of Actions Caused by and/or Under the Control of Account Holder
AT&T SHALL NOT BE RESPONSIBLE FOR ANY FAILURES, REPAIRS OR MODIFICATIONS NECESSITATED BY THE ACCOUNT HOLDER´S ALTERATION OF THE OPERATING SYSTEM, INCLUDING ANY AND ALL OPERATIONAL ISSUES WHICH MAY ARISE AS A RESULT OF THE ADDITION OF SOFTWARE BY ACCOUNT HOLDER. AT&T SHALL NOT BE LIABLE FOR ANY DELAY IN PROVIDING OR ANY FAILURE TO PROVIDE SERVICES IF SUCH DELAY IS CAUSED BY FORCES BEYOND THE REASONABLE CONTROL OF AT&T.
6.4 CONSEQUENTIAL DAMAGES WAIVER
IN NO EVENT SHALL AT&T BE LIABLE TO THE ACCOUNT HOLDER FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF. THE AGGREGATE, TOTAL LIABILITY OF AT&T UNDER THIS AGREEMENT, IF ANY, SHALL IN NO EVENT OR CIRCUMSTANCE EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE ACCOUNT HOLDER HEREUNDER. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
6.5. Basis of the Bargain; Failure of Essential Purpose
The parties acknowledge that AT&T has set its prices and entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.
The Account Holder agrees to indemnify and hold AT&T harmless from any and all claims or causes of action of any kind or nature, arising out of or related to Account Holder´s use of products and services purchased from or provided by AT&T, as well as all claims or causes of action of any kind or nature brought by any third party, or any of Account Holder´s own customers. The Account Holder and AT&T will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
8.1. Termination for Cause
Either party may terminate this Agreement if: (i) the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) calendar days after receipt of written notice of the same, except in the case of failure to pay fees, which must be cured within seven (7) calendar days after receipt of written notice from AT&T; (ii) the other party becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors; or (iii) the other party becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed within sixty (60) calendar days of filing.
8.2 Liability for Termination
Neither party will be liable to the other for any termination or expiration of any Service or this Agreement except in accordance with its terms.
(a) For month-to-month plans, in the case of Account Holder´s termination or cancelation without cause, Account Holder shall be immediately liable to AT&T for all rates and charges through the Term.
(b) Annual plan Account Holders who terminate Service (without cause) prior to the end of the annual term agree to pay AT&T fifty-percent (50%) of the Annual Fee prorated for the number of months remaining in the annual term upon cancelation, plus any waived or unpaid non-recurring charges, plus any third-party charges incurred by AT&T due to the termination.
(c) Upon termination by Account Holder without cause, Account Holder will not be eligible for refund or credits for setup, work already performed based on Account Holder input, add-on or domain name registration fees paid prior to the termination.
(d) AT&T has sole discretion whether Account Holder is entitled to any refund.
8.3. Effect of Termination. Upon the effective date of termination of this Agreement:
(a) AT&T will immediately cease providing the Service(s); and
(b) any and all payment obligations of Account Holder under this Agreement for Service(s) provided through the date of termination will immediately become due.
9.1 Force Majeure
Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet (not resulting from the actions or inaction´s of AT&T), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If AT&T is unable to provide Service(s) for a period of thirty (30) consecutive days as a result of a continuing force majeure event, the Account Holder may cancel the Service(s), but there shall be no liability on the part of AT&T.
The Account Holder may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of AT&T, and any attempted assignment or delegation without such consent will be void. AT&T may assign this Agreement in whole or part. AT&T also may delegate the performance of certain Services to third parties, including Affiliates. This Agreement will bind and inure to the benefit of each party´s successors and permitted assigns.
Any notice or communication required or permitted to be given hereunder may be by email to email@example.com or confirmed facsimile to 1-866-584-5946. Such notice will be deemed to have been given as of the date it is emailed or faxed. The authentic language of this Agreement and all communications by AT&T to Account Holder is English. Certain communications by AT&T to the Account Holder may be translated into other languages for the convenience of the Account Holder. In the event of a conflict between the Agreement or any notice or communications and any translation, the English version will take precedence.
9.4. Relationship of Parties
This Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between AT&T and the Account Holder. Neither AT&T nor the Account Holder will have the power to bind the other or incur obligations on the other´s behalf without the other´s prior written consent, except as otherwise expressly provided herein.
9.5. Governing Law
This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Texas (except that body of law controlling conflicts of law) and specifically excluding from application to this Agreement that law known as the United Nations Convention on the International Sale of Goods.
9.6. Severability; Waiver
In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.
9.7 Entire Agreement; Counterparts; Originals
This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.
a. Each party acknowledges that, in the course of the performance of this Agreement, it may have access to customer information and communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive property and/or trade secrets of the other party ("Confidential Information"). Each party agrees to maintain the confidentiality of the Confidential Information and to use the Confidential Information only to the extent necessary for legitimate business uses in connection with this Agreement. Nothing in this Agreement shall prohibit or limit either party´s use or disclosure of information which (a) is now, or hereafter becomes, publicly known or is available through lawful means; (b) is rightfully in receiving party´s possession, as evidenced by receiving party´s records; (c) is disclosed to the receiving party without confidential or proprietary restriction by a third party who rightfully possesses and rightfully discloses the information; (d) is independently developed by the receiving party without any breach of this Agreement; (e) is the subject of a written permission to disclose provided by the disclosing party, or (f) is required by law to be disclosed.
b. Because the unauthorized use, transfer or dissemination of any Confidential Information by the recipient may diminish substantially the value of such materials and may irreparably harm the disclosing party, if the recipient breaches the provisions of this section, the disclosing party shall, without limiting its other rights or remedies, be entitled to seek equitable relief, including but not limited to injunctive relief.
AT&T warrants that its Services will be performed in a professional and workmanlike manner in accordance with applicable professional standards and shall re-perform any work not in compliance with this warranty brought to its attention within thirty (30) calendar days after that work is performed. If AT&T is asked to re-perform any work and it is determined that AT&T has already met its obligations under this section, Account Holder agrees to pay AT&T on a time and materials basis at AT&T´s standard rates for time spent on such additional work.
10.1 Software provided by AT&T to Customer with the Service is provided under the following terms:
a. AT&T grants Customer a personal, non-transferable and non-exclusive license (without the right to sublicense) to use Software, in object code form, solely in accordance with applicable written and electronic documentation. Customer will refrain from taking any steps to reverse assemble, reverse compile or otherwise derive a source code version of the object code of the Software. The Software shall at all times remain the sole and exclusive property of AT&T or its suppliers. To the extent that use of Software by a User is required for the use of a Service, Customer´s Users may use the Software licensed to Customer under this Agreement for that purpose. Customer shall assure that Customer´s Users comply with these terms and conditions. The term of the license granted hereunder shall be coterminous with the term of the related Services.
b. Before using the Software, Customer shall first agree to comply with the terms and conditions that are provided with any Third-Party Software and, in the event of a conflict, such Third-Party terms and conditions will take precedence over these terms and conditions as to such Third Party Software. AT&T will pass through to Customer any warranties available from its Third Party Software suppliers, to the extent that AT&T is permitted to do so under its contracts with those suppliers.
c. "Software" means all software and associated written and electronic documentation and data licensed by AT&T to Customer in connection with a Service. Software does not include software that is not furnished to Customer. "Third Party Software" means Software that AT&T licenses from a third party.