WebSupport911.com Terms of Service

1. Acceptance of Terms of Service

1.1 General Acceptance

WebSupport911.com Inc. (hereafter "WebSupport911.com") agrees to provide the services specified in the Customer Billing Account submitted by the customer ("Customer") at the time of purchase, subject to these Terms of Service (hereafter the "TOS"). The use of WebSupport911.com's offerings, including but not limited to web hosting, software development, consulting, database management, and other technology-related services (collectively referred to as "Services"), constitutes Customer's acceptance of the TOS on behalf of itself and its employees, contractors, affiliates, agents, invitees, and end-users.

The TOS and the Customer Billing Account together form the complete agreement (the "Agreement") between WebSupport911.com and the Customer. By using the Services, Customer agrees to abide by all terms outlined in the Agreement, including any policies or regulations incorporated herein by reference. If the Customer does not agree to any of the terms, they must immediately discontinue use of the Services and notify WebSupport911.com to terminate the account.

Acceptance of this Agreement includes consent to all automated renewal terms outlined in Section 2.2, unless otherwise specified in writing according to the cancellation provisions. This Agreement supersedes all prior agreements or policies unless explicitly incorporated by reference.

1.2 Right to Modify TOS and Acceptance of Changes

WebSupport911.com reserves the right to modify the TOS at any time in its sole discretion to reflect changes in technology, laws, or the evolving needs of its customers. Any immediate changes will be communicated directly to the Customer and will become effective upon notification. Unless immediate updates are necessary, annual revisions to the TOS will be posted between December 1st and December 31st each year. Customers have until February 1st of the following year to review and reject any changes, subject to applicable cancellation policies (including commitment use provisions). Continued use of the Services beyond February 1st will confirm Customer's acceptance of the modified TOS. Communications to WebSupport911.com regarding TOS updates, including any related inquiries or disputes, must follow the procedures outlined in Section 17.

2. Term, Renewal, Price change and Discounts, Termination, and Cancellation

2.1 Term of Service

The initial term of the Agreement begins on the date specified in the Customer Billing Account and will continue for the full duration stated therein, subject to renewal, termination, and cancellation provisions. The initial term and any renewal terms will be referred to as the "Term."

2.2 Renewal

The Agreement will automatically renew for successive periods equal to the initial term unless WebSupport911.com receives written notice of non-renewal at least thirty (30) days prior to the expiration of the current term or based on the commitment use period, whichever is greater. Notices must be submitted according to the procedures outlined in Section 17, including verification of account ownership.

2.3. Price change and Discounts

WebSupport911.com reserves the right to change pricing for any services, effective no earlier than sixty (60) days prior to the expiration of the current term or committed use discount period, which can range from monthly to yearly. Such notification will be provided to the Customer according to the procedures outlined in Section 17. Customers who do not agree to the price change may terminate their Agreement as outlined in Section 2.5. Continued use of the Services beyond the 60-day notice period shall be deemed acceptance of the new pricing. In the event that such price changes are required to comply with legal or regulatory obligations, WebSupport911.com reserves the right to adjust prices without prior notice, and the Customer shall be responsible for any additional costs incurred. This clause also applies to any taxes, levies, or fees imposed by governmental authorities, and the Customer agrees to reimburse WebSupport911.com for such expenses upon receipt of an adjusted invoice.

Any discounts or promotional pricing offered to the Customer may be forfeited if the Customer fails to make timely payments or does not maintain the minimum monthly spending as agreed upon during the discount period. If the Customer does not meet the minimum monthly spending threshold for two (2) consecutive months, the discount or any discounted complimentary services will be automatically removed, and the Customer's invoice will be adjusted to reflect the applicable rate from that point onward. A notice regarding the removal of the discount or complimentary services and the changes will be reflected in the corresponding invoice.

In the event of an invoicing error or if an incorrect amount is charged, whether it results in an overpayment or underpayment, WebSupport911.com will issue a corrected invoice. If a reimbursement is required, it will be applied as a credit to the Customer's next billing cycle. Any discrepancies in the invoice must be reported by the Customer within sixty (60) days of receipt to qualify for adjustment. If the Customer has been undercharged, the corrected amount will be reflected in the following invoice and must be settled within sixty (60) days.

2.4 Termination and Suspension by WebSupport911.com

WebSupport911.com may suspend or terminate the Agreement immediately and without notice if:

• The Customer is involved in illegal activities, such as copyright infringement, trademark violations, or breaches of applicable laws.
• WebSupport911.com receives a cease-and-desist order or legal notice from an appropriate authority.
• WebSupport911.com receives a copyright infringement notice from a third party that it cannot independently verify. In such cases, WebSupport911.com will limit access to the Services until the issue is resolved or additional information is provided. Full termination will only occur if legally required or if the Customer fails to respond within a reasonable timeframe.
• The Customer fails to comply with the Agreement, including non-payment or violations of acceptable use policies.

All outstanding amounts will remain due, and the Customer will not be entitled to any refunds or pro-rata credits. WebSupport911.com will not be liable for damages, data loss, or other consequences arising from termination or suspension.

2.5 Cancellation

2.5.1 Free Trial Period

If a free trial period applies, cancellation and refunds are subject to the following:

• Setup fees, SSL certificates, or custom development costs are non-refundable.
• Fees are non-refundable if the cancellation is not submitted during the free trial period.
• Cancellation within the free trial period will be effective upon receipt of notice, provided all terms in the Agreement are adhered to.

2.5.2 Discounted Services with Commitment Use

Customers using promotional pricing or discounted services during a commitment use period (e.g., 30 days, 3 months, 6 months, or 1 year) cannot cancel early. Full payment is required until the end of the commitment period. Early cancellation will still result in full charges as specified in the Customer Billing Account, and no refunds or service credits will be issued for unused services.

2.5.3 Notice of Cancellation

Cancellation requests must be directed to WebSupport911.com's Billing Department or assigned account manager as outlined in Section 17, including verification of ownership. Notice of cancellation must be submitted at least thirty (30) days before the effective date or in accordance with the commitment use period, as defined in Section 2.5.2.

2.5.4 Responsibility to Pay Until Termination

Customers are responsible for all service fees up until the effective cancellation date. Charges will continue until services are fully terminated and access is removed. Additional fees may apply for services rendered during the notice period or until termination is processed.

2.5.5 Termination Procedure

Customers are responsible for backing up all emails, files, and databases before cancellation, as WebSupport911.com will not provide access to content after termination. WebSupport911.com is not responsible for transferring content to another provider. Upon termination, all content on WebSupport911.com servers will be deleted.

3. Payment

3.1 Payment Terms

Payment is due upon receipt of the invoice. WebSupport911.com accepts credit card payments, bank transfers, or other methods specified in the Service Order. Customers must ensure full payment by the due date.

3.2 Late Payments

If payment is not received within fourteen (14) days of the invoice date, WebSupport911.com reserves the right to suspend services. Reconnection fees of $50 per server will apply to restore services. If payment is not received within thirty (30) days of the invoice date, WebSupport911.com may proceed to terminate all associated services, resulting in permanent data loss. WebSupport911.com is not liable for any data loss or damages resulting from termination or suspension due to non-payment. This limitation of liability is absolute and non-negotiable.

3.3 Payment Methods and Fees

WebSupport911.com accepts various payment methods as specified in the Service Order, including credit card payments, bank transfers, and other electronic payment options. Customers are responsible for ensuring that payment information is up-to-date and accurate.

Switching the payment method during the Term or before renewal may result in a higher service fee or incur additional processing fees, depending on the payment method chosen. WebSupport911.com will provide advance notice if any changes to the service fee apply as a result of switching the payment method. The new rates will be reflected in the next billing cycle. The Customer agrees to review and accept these changes before switching payment methods, as outlined in Section 2.2.

4. Suspension and Termination

4.1 Suspension

If WebSupport911.com suspends the Customer's account due to non-payment, copyright infringement, or any other violation of the Agreement, services may be temporarily unavailable until the issue is resolved. Reconnection fees will apply to restore services.

4.2 Termination

Termination may occur if WebSupport911.com receives a verified copyright infringement notice, if the Customer fails to comply with the Agreement, or if WebSupport911.com determines that continued service would pose a risk to its operations or other customers. Upon termination, all access to services will be permanently revoked, and data will be deleted.

5. Security and Ownership

Customer is responsible for maintaining the security of its account(s) and passwords and ensuring compliance with all applicable security best practices. WebSupport911.com will not be liable for any loss or damage arising from unauthorized use of the Services. It is the Customer's responsibility to ensure that all necessary backups are made regularly and independently of WebSupport911.com's backup systems. In the event of hardware failure, backup failure, data corruption, or other technical issues, WebSupport911.com shall not be held liable for any loss of data, profits, or business opportunities. WebSupport911.com strongly recommends that Customers maintain separate off-site backups and redundancy systems to ensure continuity of service.

6. Data Privacy and Security

WebSupport911.com takes reasonable measures to protect the security of Customer data but shall not be held liable for any data breaches, hacking attempts, or unauthorized access to Customer data that occur beyond its control. Customers are responsible for maintaining secure passwords, access controls, and adhering to best security practices. In the event of a data breach, WebSupport911.com will notify Customers promptly upon discovery, but no liability shall be assumed for any damages, loss of business, or other consequences arising from such incidents. The Customer shall be responsible for implementing and maintaining additional security measures such as firewalls, data encryption, and off-site backups to protect their data. Failure to adhere to recommended security practices will absolve WebSupport911.com of any responsibility for data loss or breach. If additional security measures are required to comply with industry standards, legal requirements, or specific customer needs, such services shall be billed separately, and the Customer shall be responsible for any additional charges incurred.

7. Acceptable Use Policy

7.1 Prohibited Activities

Customers are prohibited from using the Services for unlawful or inappropriate activities, including but not limited to:

• Copyright and Intellectual Property Infringement: Distributing, sharing, or using copyrighted materials, software, or any other proprietary information without proper authorization.
• Fraud and Misrepresentation: Engaging in fraudulent activities, including but not limited to phishing, spoofing, impersonation, or misrepresentation of identity or affiliation.
• Malware and Unauthorized Access: Uploading or distributing viruses, malware, spyware, or any malicious code. Attempting to gain unauthorized access to WebSupport911.com's systems, other customer accounts, or any networks or data not intended for Customer's use.
• High-Bandwidth Activities: Conducting high-bandwidth activities such as file sharing, streaming, or resource-intensive applications without prior written approval from WebSupport911.com.
• Network and System Abuse: Performing actions that cause network congestion, disrupt the Services, or impair other customers' use of WebSupport911.com's infrastructure.
• Unlawful and Offensive Content: Using the Services to host, share, or distribute content that is unlawful, threatening, harassing, defamatory, obscene, or otherwise objectionable or that encourages conduct that could constitute a criminal offense or violate any law or regulation.
• Email and Messaging Abuse: Engaging in spamming, sending unsolicited mass emails or messages, or conducting any activities that violate anti-spam regulations or disrupt email communications.
• Prohibited Transactions: Using the Services to engage in or facilitate transactions involving prohibited goods or services, such as illegal drugs, weapons, counterfeit items, or other items restricted by law or regulatory bodies.
• Security Violations: Attempting to probe, scan, or test the vulnerability of any WebSupport911.com system or network, including performing security breaches, denial-of-service attacks, or distributing tools for compromising the security of networks or systems.
• Misuse of Payment Information: Using false or stolen payment information to access the Services, circumventing agreed payment terms, or performing unauthorized chargebacks.
• Other Illegal Activities: Engaging in any other activities not listed above but considered unlawful or prohibited by local, state, national, or international laws.

WebSupport911.com reserves the right to monitor service usage and may suspend or terminate services immediately for any violations of this policy without prior notice.

8. Third-Party Services and Products

8.1 Third-Party Terms and Conditions

The use of third-party services is subject to their respective terms and conditions. Customers are responsible for ensuring compliance with these terms and conditions.

8.2 No Warranty for Third-Party Products

WebSupport911.com shall not be held liable for any failures, interruptions, or issues caused by third-party products or services used in conjunction with WebSupport911.com's offerings.

8.3 Indemnification for Third-Party Claims

Customers agree to indemnify and hold WebSupport911.com harmless from any claims, damages, or liabilities arising from the use of third-party products or services integrated or resold by WebSupport911.com.

9. Confidentiality and Data Handling

9.1 Confidential Information

Confidential Information includes any non-public information shared between WebSupport911.com and the Customer, such as business plans, technical specifications, and customer data.

9.2 Protection of Confidential Information

Both parties agree to protect each other's Confidential Information with the same degree of care they use to protect their own confidential information, but no less than reasonable care.

9.3 Exclusions

Confidential Information does not include information that:

• Becomes publicly available through no fault of the receiving party.
• Was independently developed without reference to the Confidential Information.
• Was rightfully disclosed by a third party.

9.4 Data Retention and Deletion

Upon termination of the Agreement, WebSupport911.com will immediately delete all Customer data unless otherwise required by law. However, WebSupport911.com reserves the right to retain Customer data for up to thirty (30) days or longer if required by applicable law, if contacted by the authorities, or in the event of disputes. After this period, all data will be permanently deleted, and WebSupport911.com will assume no further responsibility for the data.

10. Limitation of Liability

To the fullest extent permitted by law, WebSupport911.com shall not be liable for any damages, losses, claims, or costs whatsoever, including but not limited to direct, indirect, incidental, consequential, special, punitive, or exemplary damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind, or loss of business goodwill or opportunity) arising out of or in connection with the use, inability to use, or performance of the Services, whether under contract, negligence, tort, strict liability, or any other legal or equitable theory, regardless of whether WebSupport911.com has been advised of the possibility of such damages. WebSupport911.com shall not be liable for the cost of procurement of substitute goods, services, or technology. Customer assumes full responsibility and risk for use of the Services and agrees that WebSupport911.com has no obligation to provide refunds or compensation of any kind under any circumstances.

Customer's exclusive remedy, if any, with respect to the use of the Services shall be limited to the cancellation of their account. In no event shall WebSupport911.com's liability, if any, to Customer exceed the lesser of: (i) the total amount actually paid by Customer to WebSupport911.com for the Services during the prior one-month period, or (ii) one thousand dollars ($1,000.00). This limitation of liability applies to any claims brought by Customer for any reason, whether in contract, tort, or otherwise, and regardless of the theory of liability, including but not limited to negligence, misrepresentation, or breach of warranty.

The Customer agrees to indemnify and hold WebSupport911.com, its affiliates, and its sponsors, partners, and their respective directors, officers, and employees harmless from any and all claims, losses, damages, liabilities, and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to Customer's breach of any part of the Agreement or use by Customer or any third party of the Services, except to the extent the foregoing directly results from WebSupport911.com's own willful misconduct.

The Customer shall promptly notify WebSupport911.com of any claim or legal action and cooperate in the defense of such claim. WebSupport911.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer. The Customer shall not agree to the settlement of any dispute requiring WebSupport911.com to take any action or incur any expense without its prior written approval.

11. Refund Policy and Service Credits

11.1 No Refunds for Used Services and Third-Party Orders

Refunds are not available for any services already rendered or used, including partially used billing periods. This includes third-party products or services such as SSL certificates, licenses, or domain name registrations, which are non-refundable under any circumstances.

11.2 Prolonged Downtime Service Credits

In the event of prolonged downtime exceeding twenty-four (24) consecutive hours, the Customer shall be entitled to a prorated refund or service credit, calculated based on the monthly billing rate for the affected service(s) corresponding to the duration of the downtime. WebSupport911.com reserves the right to determine whether the Customer is eligible for service credits, based on the nature and extent of the downtime.

12. Amendments to Services and Features

WebSupport911.com reserves the right to modify or discontinue any services at its sole discretion. These changes may occur due to the adoption of new technology, changes in datacenter policies, or other necessary modifications to maintain optimal performance and compliance with industry standards. Notification of significant changes will be provided to the Customer as set out in Section 1.3. Customers who do not agree with these changes may terminate their Agreement as outlined in Section 2.5.

13. Waiver of Class Actions and Jury Trials

13.1 Waiver of Class Actions

Customers agree to waive any right to participate in a class action, collective arbitration, or other representative legal proceeding against WebSupport911.com.

13.2 Waiver of Jury Trials

All disputes will be resolved through arbitration, without the option of a jury trial. By accepting this Agreement, Customers expressly waive their right to a jury trial for any disputes arising from or related to this Agreement.

14. Non-Solicitation and Use of Proprietary Materials

During the Term of the Agreement and for a period of one (1) year thereafter, Customer agrees not to, directly or indirectly, solicit, recruit, or attempt to hire or engage any employees, contractors, or agents of WebSupport911.com without prior written permission. This provision is intended to protect WebSupport911.com's workforce and business relationships. Any violation of this clause will result in liquidated damages, as determined by the loss of business or disruption to WebSupport911.com's operations caused by the solicitation.

In addition, Customer agrees not to use, replicate, or distribute any software, scripts, configuration files, or other proprietary tools provided by WebSupport911.com if the Customer transitions to another service provider. Any proprietary materials provided to the Customer by WebSupport911.com are licensed solely for use during the Term of the Agreement and must not be utilized outside of the services provided by WebSupport911.com without explicit written permission. Violation of this clause will constitute a breach of the Agreement, and WebSupport911.com reserves the right to pursue legal remedies, including but not limited to injunctive relief and claims for damages.

15. Governing Law and Dispute Resolution

15.1 Governing Law

This Agreement shall be governed by, and construed in accordance with, the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles. This ensures that the Agreement is interpreted consistently under the legal framework of British Columbia, regardless of the Customer's location or jurisdiction.

15.2 Dispute Resolution

Any dispute, controversy, or claim arising out of, or in connection with, this Agreement—including its formation, interpretation, breach, termination, or validity—shall be resolved exclusively through binding arbitration. Arbitration shall be conducted in Vancouver, British Columbia, Canada, in accordance with the rules of the British Columbia International Commercial Arbitration Centre (BCICAC).

• Arbitration Proceedings: The arbitrator shall have no authority to award any punitive, exemplary, indirect, or special damages under any circumstances. Each party shall bear its own costs of arbitration, including legal fees, unless the arbitrator determines otherwise. The decision of the arbitrator shall be final and binding on both parties, without the right of appeal or judicial review, except as required by applicable arbitration law.
• Limitation Period: Any claim must be brought within one (1) year of the occurrence of the event giving rise to the claim, regardless of the date of discovery. This shortened limitation period reflects the fast-paced nature of the web hosting and technology services industry, where disputes must be resolved promptly due to the need for ongoing compliance, timely service updates, and the significant costs associated with prolonged data storage and service disruptions. By accepting the TOS, the Customer waives any statutory limitation periods that may apply under provincial or federal law to the extent permitted by law. Any claims brought after this period shall be deemed time-barred and unenforceable.
• Exclusive Venue: All arbitration proceedings shall be held exclusively in Vancouver, British Columbia, Canada. Any attempts to change the venue, jurisdiction, or arbitration location shall be deemed a breach of this Agreement. No court or tribunal outside of British Columbia shall have jurisdiction over any aspect of this Agreement or the arbitration proceedings, except as required to enforce an arbitration award.
• Exclusive Right to Equitable Remedies: Notwithstanding the arbitration requirements set forth in this Section 15, WebSupport911.com reserves the exclusive right to seek equitable remedies, such as injunctive relief or specific performance, in a court of competent jurisdiction when necessary to prevent misuse of its intellectual property, proprietary software, confidential information, or violations of any non-solicitation provisions of this Agreement. The Customer acknowledges and agrees that they shall not have the right to seek equitable or injunctive relief against WebSupport911.com under any circumstances, and any such claims made by the Customer must proceed exclusively through arbitration as outlined in this Agreement.

16. General

16.1 Entire Agreement

The TOS and Service Order constitute the entire agreement and supersede any prior agreements or representations.

16.2 Severability

If any provision of the Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Force Majeure

Neither party shall be held liable for any failure or delay in performance due to events beyond its control, including but not limited to natural disasters, power failures, construction work impacting connectivity or infrastructure, strikes, acts of war, terrorism, denial of service attacks, pandemic-related disruptions, or other circumstances not generally anticipated within the industry.

16.4 Assignment and Representatives

Customer may not assign or transfer the Agreement without prior written consent from WebSupport911.com. The Customer is responsible for ensuring that any changes to the list of authorized representatives are promptly communicated to WebSupport911.com as set out in Section 1.4. WebSupport911.com reserves the right to confirm instructions or reject them in cases where a representative's account is suspected to be compromised or invalid.

16.5 Amendments and Waivers

Any waiver of a right or amendment to the TOS must be signed by a senior officer of WebSupport911.com and cannot be inferred from communications with customer support or non-officer staff.

16.6 Survival

The provisions relating to indemnification, limitation of liability, proprietary rights, binding arbitration, and other clauses that by their nature are intended to survive the termination or expiration of this Agreement shall remain in effect beyond such termination or expiration.

17. Communications, Contact Information, and Authorized Representatives

All communications related to billing, payments, renewals, cancellations, and other account-related inquiries must be directed through the Client Support portal at websupport911.com. Alternatively, Customers can contact Customer Support at [email protected], reach out to the account representative assigned upon service activation, or use any other communication methods mutually agreed upon between WebSupport911.com and the Customer. All communication with WebSupport911.com must be conducted through these approved methods to ensure proper record-keeping and verification.

The Customer is responsible for keeping the list of authorized representatives up to date and notifying WebSupport911.com of any changes. WebSupport911.com reserves the right to request additional confirmation before acting on instructions from the Customer or their representatives. If contradictory instructions are received from different authorized representatives, WebSupport911.com reserves the right to refrain from taking any action until the Customer provides clear, unified direction.

If unauthorized use of the Customer's communication channels (e.g., hacking or compromise) is suspected, the Customer must notify WebSupport911.com immediately. Until such notice is received and acknowledged, WebSupport911.com will treat all communications as valid and binding.

All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, through the Client Support portal, by email to an authorized WebSupport911.com email address, or through any other mutually agreed communication methods. For any such communications, confirmation of receipt from WebSupport911.com is required to acknowledge that the notice or order has been successfully received and is being processed. Any notices to the Customer shall be sent to the authorized email provided by the Customer, and the corresponding ticket will be updated in the Client Support portal.

For notifications related to changes in pricing, service termination, or any other critical updates to the Customer's account, WebSupport911.com will directly contact the Customer using the contact details provided for the authorized representatives. All such communications will be made through the Client Support portal, email, or any other mutually agreed-upon method, ensuring the Customer is fully informed. If WebSupport911.com is unable to reach the Customer through these channels, it will proceed with actions as outlined in the Agreement, and such communications will be considered valid and binding once sent to the authorized representatives.