WEBHOSTBEE - UNIVERSAL TERMS OF SERVICE AGREEMENT

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Universal Terms of Service Agreement (this "Agreement") is entered into by and between WebHost Bee ("WebHost Bee"), and any affiliated entities ("WebHost Bee") and you and is made effective as of the date of your use of any WebHost Bee operated website which links to this agreement ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the "Services"). If you use our AI services, applications, features, capabilities, or tools through any Site, you agree that our AI Terms of Use govern such use. Any agreements, arrangements and/or additional policies that apply to certain Services ("Services Agreements") are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.

The terms "we", "us" or "our" shall refer to WebHost Bee. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Site or the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. MODIFICATION OF AGREEMENT, SITE OR SERVICES

WebHost Bee may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, WebHost Bee may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account information current. WebHost Bee assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, WebHost Bee may terminate your use of Services for any violation or breach of any of the terms of this Agreement by you. WebHost Bee RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

3. ELIGIBILITY; AUTHORITY

This Site and the Services are available only to individuals or entities ("Users") who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and/or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, WebHost Bee finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. WebHost Bee shall not be liable for any loss or damage resulting from WebHost Bee's reliance on any instruction, notice, document or communication reasonably believed by WebHost Bee to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, WebHost Bee reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

4. YOUR ACCOUNT

In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to WebHost Bee that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If WebHost Bee has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, WebHost Bee reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, and Payment Method(s). For security purposes, WebHost Bee recommends that you change your password at least once every six (6) months for each Account. You must notify WebHost Bee immediately of any breach of security or unauthorized use of your Account. WebHost Bee will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss WebHost Bee or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

5. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

  • Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.
  • You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
  • You will not use this Site or the Services in a manner (as determined by WebHost Bee in its sole and absolute discretion) that:
    • Is illegal or harmful, or promotes or encourages illegal or harmful activity;
    • Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);
    • Promotes or encourages self-harm or suicide;
    • Promotes, encourages or engages in terrorism, or violence against people, animals, or property;
    • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • Interferes with the operation of this Site or the Services found at this Site;
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware;
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding WebHost Bee or WebHost Bee's Services.
  • You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by WebHost Bee.
  • You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  • You will not access WebHost Bee Content (as defined below) or User Content through any technology or means other than through this Site itself, or as WebHost Bee may designate.
  • You agree to back-up all of your User Content so that you can access and use it when needed. WebHost Bee does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  • You will not re-sell or provide the Services for a commercial purpose, including any of WebHost Bee's related technologies, without WebHost Bee's express prior written consent.
  • You will not circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any WebHost Bee Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the WebHost Bee Content or the User Content therein.
  • You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
  • WebHost Bee expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services to any User whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any WebHost Bee policy, or who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services.
  • If your purchase or account activity shows signs of fraud, abuse or suspicious activity, WebHost Bee may cancel any service associated with your name, email address or account and close any associated accounts. If WebHost Bee, in its sole discretion, determines that any conducted activity is fraudulent, WebHost Bee reserves the right to take any necessary legal action and you may be liable for monetary losses to WebHost Bee including litigation costs and damages. To contest cancellation of Services or freezing or closure of an account, please contact WebHost Bee Support.

6. PROTECTION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

WebHost Bee may process personally identifiable information ("PII") about you, your customers, and/or any individual using any services provided to you under this Agreement including any website you host with WebHost Bee. To the extent WebHost Bee processes PII for its purposes in providing the Services, WebHost Bee acts as the Data Controller and WebHost Bee's Global Privacy Notice applies to such processing. To the extent WebHost Bee processes PII on your behalf as part of the Services, WebHost Bee acts as the Data Processor and the Data Processing Addendum applicable to the Services applies to such processing.

7. USER CONTENT

Some of the features of this Site or the Services, including those Services that are hosted with WebHost Bee, may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity ("User Submissions"), (b) literary, artistic, musical, or other content, including but not limited to photos and videos, or (c) other information about their business or customers (together with User Submissions, ("User Content"). All content submitted through your Account or processed on your behalf is considered User Content.

You must not post any User Content that is not compatible with or violates this Agreement or any applicable local, state, national and international laws, rules and regulations ("Prohibited Content").

By posting, publishing, or processing User Content to this Site or to or via the Services, you represent and warrant to WebHost Bee that (i) you have all necessary rights to process and distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, (ii) the User Content does not contain any Prohibited Content and does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

If you have a website or other content hosted by WebHost Bee, you shall retain all of your ownership or licensed rights in User Content.

8. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

9. FEES AND PAYMENTS

You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in the Refund Policy.

WebHost Bee reserves the right to change its prices and fees at any time. You may pay for Services by using any of the following Payment Methods: (i) valid credit card; (ii) electronic payment from your personal or business checking account; (iii) PayPal; or (iv) any other method you use to pay for Services as determined by WebHost Bee in its sole and absolute discretion.

You acknowledge and agree that we may store your successful Payment Methods, as determined by us, used to pay for a Service as a Payment Method that we may use for payment for future purchases or renewals. You can manage your stored Payment Methods and view or change your automatic renewal settings at any time by logging into your WebHost Bee account.

AUTO-RENEWAL TERMS: ALL SERVICES ARE OFFERED ON AUTOMATIC RENEWAL UNLESS OTHERWISE SPECIFIED ON THIS SITE. SERVICES SHALL AUTOMATICALLY RENEW AT THE END OF EACH SERVICE PERIOD FOR A SUBSEQUENT SERVICE PERIOD OF EQUAL LENGTH. UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, WebHost Bee WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL ATTEMPT TO TAKE PAYMENT FROM YOUR PAYMENT METHOD ON FILE. RENEWALS WILL BE CHARGED AT WebHost Bee'S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD.

IF YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL YOUR RENEWAL, IN WHICH CASE, YOUR SERVICE WILL TERMINATE UPON EXPIRATION OF THE THEN CURRENT TERM, UNLESS YOU MANUALLY RENEW YOUR SERVICE PRIOR TO THAT DATE.

10. MONITORING AND MODERATION OF CONTENT; RESTRICTIONS POLICY

When using this Site and/or any Service, you will not provide, post, publish, share or otherwise make available or accessible any Prohibited Content.

WebHost Bee generally does not pre-screen User Content (whether posted to a website hosted by WebHost Bee or posted to this Site). However, and subject to applicable laws, WebHost Bee reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement.

WebHost Bee may remove any item of User Content and/or suspend or terminate a User's access to this Site or the Services for posting or publishing any Prohibited Content, or for otherwise violating this Agreement (as determined by WebHost Bee in its sole and absolute discretion), at any time and without prior notice.

If WebHost Bee terminates your access to this Site or the Services, WebHost Bee may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

11. DISCONTINUED SERVICES; END OF LIFE POLICY

WebHost Bee reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. In the event that any Service has reached or will reach End-of-Life ("EOL"), we will attempt to notify you thirty or more days in advance of the EOL date. WebHost Bee will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by WebHost Bee in its sole and absolute discretion. WebHost Bee will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services.

12. TRADEMARK AND/OR COPYRIGHT CLAIMS

WebHost Bee supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please contact our Legal Department at hostme@webhostbee.com.

13. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". WebHost Bee, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY WebHost Bee, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL WebHost Bee, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE SERVICES FOUND AT THIS SITE, (III) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (IV) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE, (V) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WebHost Bee'S TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 U.S. DOLLARS.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

15. INDEMNITY

You agree to protect, defend, indemnify and hold harmless WebHost Bee and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by WebHost Bee directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.

16. COMPLIANCE WITH LOCAL LAWS

WebHost Bee makes no representation or warranty that the content available on this Site or the Services are appropriate in every country or jurisdiction, and access to this Site or the Services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services are responsible for compliance with all local laws, rules and regulations.

17. DISPUTES AND BINDING ARBITRATION

In the event of a Dispute, you or WebHost Bee must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. If the parties do not reach an agreement to resolve the Dispute within sixty (60) days, you or WebHost Bee may commence an arbitration proceeding. Disputes will be administered by the American Arbitration Association ("AAA") and governed by the Consumer Arbitration Rules of the AAA in conjunction with this Agreement. All Disputes shall be resolved by a single neutral arbitrator.

18. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address: hostme@webhostbee.com or Ground Floor, House # 214A, Near MA Khawaja Street, SMCHS, Karachi, Pakistan #75350