TERMS AND CONDITIONS
This agreement (the "Agreement") describes the general Terms and Conditions (the "Terms") on which Ichthys Media LLC, DBA webhostshift.com and its affiliates (collectively " WebhostSHIFT.com," "we," or "us") offers you ("you," "your," “Buyer”, “Seller”, or "User") access to WebhostSHIFT.com (the "Service" or "Site") and any other affiliated WebhostSHIFT.com web sites and to the services provided on this web site and other affiliated web sites. By registering or posting/uploading any artistic or literary work, asking a question, providing an answer, or reading a previously-asked question or answer, you are indicating that you agree to be bound by these Terms, as well as all other applicable laws, statutes, ordinances and regulations concerning use of the Services. If you do not accept the Terms as stated, you may not use the Service.
WebhostSHIFT.com reserves the right to modify this Agreement at any time by posting the amended terms on the Site. It is your responsibility as a User of the Site to return periodically to this page to review this Agreement for modifications. The home page link to this page includes reference to when this Agreement was last revised. Unless otherwise specified below, all Terms take effect automatically when they are initially posted to the Site. Your continued use of the Site following any amendment will constitute your agreement to such amendment.
1. NATURE OF THE SERVICE
The WebhostSHIFT application is created for web hosting companies both to gain new customers as well to monetize their going away customers (churned customers).
After signing up as a member at WebhostSHIFT, a web host will then have the ability to become a buyer and a seller. A buyer means, a web host will buy customers from other web hosts which refer their going away customers (churned customers) to WebhostSHIFT. These customers will then pick a new web host, when they pick a particular buyer, this buyer will gain one new customer, and in return this buyer will give a commission for this one new customer to the seller.
A seller on the other hand, as described above will gain a commission from a buyer. Every time a customer decides to close their account with the seller and wants to move on to another web host, the seller will refer this customer to WebhostSHIFT, to pick their new web host. Once the customer decides to pick a new host, the seller will gain the commission from this new web host for referring their go away customers to them.
YOU USE THE SERVICE AT YOUR OWN RISK.
(a) Responsibility for Galleries or Messages. The Service is only a meeting place — we are a service provider that maintains a site that acts as a forum for you and other Users to exchange information with one another. WebhostSHIFT.com takes no responsibility for the content of artistic or literary work (“Galleries”), questions, comments, or answers ("Galleries or Messages"), nor does WebhostSHIFT.com have any obligation to monitor Galleries or Galleries or Messages. Most Galleries and Galleries or Messages are authored by other Users ("User Inputs"). In a few cases, WebhostSHIFT.com obtains information from certain free, public domain, third party sources ("Third Party Inputs") and includes them in Galleries or Galleries or Messages. WebhostSHIFT.com does not independently verify the content of either User Inputs or Third Party Inputs, and WebhostSHIFT.com does not warrant that the content on any Galleries or Messages is true, accurate, correct, complete, reliable, or otherwise valid, nor does WebhostSHIFT.com endorse or support any opinion expressed in any Galleries or Galleries or Messages.
(b) Independent Judgment. Galleries or Messages are not professional advice. The use of the Service should not be considered a substitute for independent investigation or sound personal judgment or professional advice. In particular, you should not consider information contained in Galleries or Messages to be a substitute for consultation with medical, psychiatric, psychological, tax, legal, investment, accounting, financial, or other competent professional advisors licensed to practice in your jurisdiction. If you submit a Galleries or Messages, you are assumed to be soliciting or giving general information, not professional advice. For professional advice, you must consult a qualified, licensed professional in your local area.
(c) Safe Usage Considerations. We do not control the information provided by other Users which is made available through our system. You may find other User's information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using the Services. Furthermore, WebhostSHIFT.com does not specify, determine, endorse or recommend any product or service or provider described in any Galleries or Galleries or Messages or the quality, safety, conformance or legality of such products or services.
To report abuse of the Service, please e-mail:
(d) User Release of WebhostSHIFT.com. In the event of any dispute with respect to a transaction made or action taken or not taken by you after consulting the Service, or between User and any other User or third party, you release WebhostSHIFT.com, its agents and employees from any claims and damages of every nature (including, without limitation, actual, special, incidental and consequential), known and unknown, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, then you waive California Civil Code S.1542 which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor".
2. INTELLECTUAL PROPERTY
(a) Rights in Work. In consideration for the opportunity to participate in and use the Service and for other good and valuable consideration, the receipt of which User acknowledges, and without further compensation to User, User agrees that the content of any Galleries or Messages submitted by User ("Content") will be a contribution to a collective work prepared as a "work for hire" for WebhostSHIFT.com and that WebhostSHIFT.com shall be considered the author of the Content for purposes of copyright and shall own all the rights in and to the Content, including all copyrights or other proprietary rights. To the extent that the foregoing is not effective for any reason, User hereby assigns and agrees to assign upon creation to WebhostSHIFT.com all right, title and interest in and to the Content and all materials contained therein or prepared therefor and the results and proceeds thereof to the extent that User has had or will have any right, title or interest therein. To the extent any of the foregoing rights, including so-called "moral rights" may be inalienable, User agrees to waive and agrees not to exercise such rights, and if such waiver and agreement are deemed invalid, to grant to WebhostSHIFT.com and its designees the exclusive, perpetual, irrevocable, worldwide and royalty free right to use, market and modify such items without any obligation of attribution or consent. User will not take any action that jeopardizes WebhostSHIFT.com's proprietary rights, or acquire any right in the Content.
(b) WebhostSHIFT.com's Rights. WebhostSHIFT.com will own all right, title and interest in the Content, including all rights in any copy, translation, modification, adaptation or derivation of the Content. WebhostSHIFT.com shall have the sole and exclusive right throughout the universe in all languages and in perpetuity to use and exploit all or any part of the Content and all or any part of any material contained therein or prepared therefor, whether or not used therein, in any format or version, by any means and in any media, whether now known or hereafter developed, without further compensation to you. WebhostSHIFT.com may distribute Content at its sole discretion by any method of distribution now existing or later developed.
(c) Rights Clearances and Assignments. You will be solely responsible for obtaining all rights clearances (including any work-for-hire agreements or assignments from employees, agents, contractors, consultants or representatives needed by User to effectuate WebhostSHIFT.com's rights set forth in this Section) with respect to all Content created or provided by User to WebhostSHIFT.com in connection with this Agreement. At WebhostSHIFT.com's request, User will obtain the execution of any instrument, including from any employee or contractor, that may be appropriate to assign these rights under this Section to WebhostSHIFT.com or perfect these rights in WebhostSHIFT.com's name.
(d) WebhostSHIFT.com's Proprietary Material. The Content and all other information, data, text, graphics, images, photographs, audio and video clips, logos, icons and software appearing on the Service ("Content") are and will remain the property of WebhostSHIFT.com, our suppliers, our agents and our licensors. These materials may be used solely to the extent necessary for your authorized use of the Service, as provided in this Agreement. You may not copy, distribute, prepare derivative works from or otherwise use Content for any public or commercial purpose without the written permission of WebhostSHIFT.com.
(e) WebhostSHIFT.com's Agent to Receive Notification of Copyright Infringement Claims. WebhostSHIFT.com respects the intellectual property of others, and we ask our Users to do the same. Because of the size of our community, WebhostSHIFT.com does not and can not verify that Users have the right to post Content. However, WebhostSHIFT.com cooperates in removing infringing or unlicensed items once an authorized representative of the rights owner properly reports them to us. If you believe Galleries or Messages infringes on your copyright, trademark or other intellectual property rights, please provide WebhostSHIFT.com's with a Notice of Infringement.
In the United States, the Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Service infringe your U.S. copyright, you (or your agent) may send WebhostSHIFT.com's IP Agent a notice requesting that the item, information or material be removed, or access to it blocked.
Contact us:
WebhostSHIFT
39380 Civic Center Dr #301
Fremont, CA 94538
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office web site, currently located at http://www.loc.gov/copyright/. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be substantial penalties for false claims.
3. DISCLAIMERS OF WARRANTY
WEBHOSTSHIFT.COM PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. TO THE EXTENT PERMITTED BY LAW, WEBHOSTSHIFT.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE; (B) THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE; (C) AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY USER AND WHETHER YOU SHOULD RELY ON ANY INFORMATION PROVIDED BY SUCH USER; (D) AS TO THE TRUTH, QUALITY, ACCURACY, OR EFFECTIVENESS OF THE CONTENTS OF ANY GALLERIES OR MESSAGES OR THE QUALITY, SAFETY, EFFECTIVENESS, CONFORMANCE OR LEGALITY OF ANY PRODUCT OR SERVICE DESCRIBED OR RECOMMENDED IN ANY GALLERIES OR MESSAGES; AND (E) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBHOSTSHIFT.COM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
4. LIMITATION OF LIABILITY
AS A CONDITION OF USING THE SERVICE, AND IN CONSIDERATION OF THE SERVICES PROVIDED BY WEBHOSTSHIFT.COM, YOU AGREE THAT WEBHOSTSHIFT.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, DAMAGES, EXPENSE, OR COSTS, HOWEVER ARISING (INCLUDING NEGLIGENCE), BUT INCLUDING THOSE RESULTING DIRECTLY OR INDIRECTLY FROM, OR OTHERWISE ARISING IN CONNECTION WITH: (A) THE USE OF THE SERVICE BY YOU, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM OR ARISING FROM YOUR RELIANCE ON THE SERVICE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, NON-DELIVERIES, MISDELIVERIES, TRANSMISSIONS, EAVESDROPPING, STATEMENTS OR OTHER CONDUCT BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; (B) THE CONTENT OF ANY GALLERIES OR MESSAGES OR ANY PRODUCT, SERVICE, OR PROVIDER MENTIONED OR RECOMMENDED THEREIN; (C) THE BREACH, OR ALLEGED BREACH, OF ANY WARRANTY, EXPRESS OR IMPLIED, RELATING TO ANY TRANSACTION; OR (D) GOVERNMENT RESTRICTION, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE, OR ANY OTHER CONDITION BEYOND WEBHOSTSHIFT.COM'S REASONABLE CONTROL. YOU AGREE THAT WEBHOSTSHIFT.COM SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE. THE LIMITATION IN THIS SECTION APPLIES ONLY TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
IN ANY EVENT, WEBHOSTSHIFT.COM'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID TO WEBHOSTSHIFT.COM BY THE CLAIMANT, AND (B) $100.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
5. INDEMNITY
Without limiting the generality or effect of other provisions of this Agreement, as a condition of use of the Services, each User agrees to indemnify, hold harmless, and defend WebhostSHIFT.com, and each of its respective affiliates, sub-contractors, agents, and employees against all third party claims, liabilities and damages, including reasonable attorney's fees, incurred or allegedly incurred by or arising out of your breach of this Agreement, the content of any Galleries or Messages posted by you, and/or your violation of any law or the rights of a third party.
6. PROPER USE
You must independently verify all information you find on the Site.
You agree not to do any of the following while using the Site:
• violate any applicable local, national, or international law, statue, rule, ordinance or regulation;
• post or transmit any content that You do not have the right to post or transmit under any law, contractual duty or fiduciary relationship;
• post or transmit any content that infringes a third party's intellectual property rights, rights of publicity or privacy;
• post or transmit any content that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, obscene, tortuous, threatening, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), designed to elicit responses that relate to illegal activity, or otherwise objectionable;
• access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
• gather and use information, such as other users' usernames, real names, email addresses, available from the Site to transmit any unsolicited advertising, "junk mail", "spam", or "chain letters;"
• post false or misleading information about a product or service; or
• impersonate or misrepresent Your affiliation with any person or entity.
WebhostSHIFT.com reserves the right to delete or edit Galleries or Messages, in whole or in part, from the Service at any time for any reason. WebhostSHIFT.com also reserves the right to refuse access to the Service to anyone at any time without notice for any reason. However, WebhostSHIFT.com will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
7. BUYER’S OBLIGATIONS AND AGREEMENTS
As a buyer these obligations are to be met:
(a) Always have up to date information about the company information, web hosting plans, contacts, and promotions offered within WebhostSHIFT system.
(b) Always check and verify every sale which had occurred, all transactions will be automatically set to valid when the pay-out period you set has been met. Once a sale has been validated, there is no way of returning this transaction, no cancelation or refund can be made. Our system also offers automated validation through a placing of a simple script within your system/server.
(c) Always keep your account balance above the minimum, if your account balance reached below the minimum, WebhostSHIFT will automatically suspend your “BUYER” status. To avoid automated suspension, we recommend you to choose the auto-charge option provided in the billing section of your account.
(d) Buyers are responsible to choose which sellers they want to work with. WebhostSHIFT provides reporting tools and track record search for any particular seller you want to work with, you are encourage to check each seller’s track record history before choosing a particular seller to work with.
8. BUYER’S PAYMENT TERMS
(a) If registered with auto pay through credit card, every time a pay-out transaction occurred, a charge will immediately be made to the card on file. One failed charge may result in temporary buyer status suspension and buyer will be taken off from system until a new card has been placed. Provide backup card also possible, up to 5 cards on file.
(b) If using manual refill, balance should always be set at minimum account balance. Should balance be lower than minimum level, account will be temporarily suspended, until refilled.
(c) All charges are 100% refundable until the pay-out period for each transaction is reached, then the transaction is non refundable and all paid amount are made final.
(d) Buyer is responsible for validating each sale transaction. This can be done manually or automatically as well, provided with our auto sales validation system. All validated transaction which has been paid to the seller cannot be reversed for any reason.
(e) The offered web hosting plan on the WebhostSHIFT system must be equal to at least one month’s free service of the same plan offered for public. This is to maintain the SHIFT network quality
(f) For promotional refill, all funds paid to WebhostSHIFT are refundable only if WebhostSHIFT were unable to deliver the amount of customers expected within 90 days. After 90 days, all unused amount will be 100% refundable.
(g) WebhostSHIFT holds the right to suspend or terminate any buyer without having to give any reason at any given time. Should this be done, WebhostSHIFT will refund all unused account balance back to the buyer.
(h) WebhostSHIFT does not guarantee in any way customers delivered to buyer from a seller. Buyer has the responsibility of determining credibility of a particular seller, by monitoring the type of customers a particular seller is referring. We host SHIFT provides extensive reporting tools to provide buyer the ability to monitor the performance of their sellers.
9. BUYER’S PAYMENT POLICY
(a) Payment responsibility: If your account balance falls below the minimum balance amount defined for your account, you must immediately remit a payment to WebhostSHIFT in an amount at least equal to any negative balance and any amount necessary to enable payment by WebhostSHIFT to your affiliated sellers the amount due to them including any transaction fees due WebhostSHIFT.
(b) Deactivation due to non-payment: Your account may be deactivated without notice for non-payment and/or when your account falls below the minimum account balance. The number or amount of transactions for payouts as calculated by WebhostSHIFT, shall be final and binding on you.
(c) Deactivation of account includes but is not limited to: restricting access to your buyer status, notifying your affiliated sellers of your deactivated status and halting the tracking and reporting of any follow-on leads and/or sales. All links are also subject to expiration. Terms of reactivation may result in additional charges as determined by WebhostSHIFT.
(d) Obligations: WebhostSHIFT is under no obligation to make payment to your sellers of payouts where there are insufficient funds in your account.
(e) Claims: Your sellers shall have a claim against you directly for non-payment of earned but unpaid payouts that are unpaid because you have failed to make payment to WebhostSHIFT.
(f) Making payments: You may make payments via check, wire transfer, or certain credit cards over the Web. When payment is made by check, your account will not reflect payment until the check has cleared and cash has been transferred to WebhostSHIFT's bank account.
(g) Direct deduction option: You and WebhostSHIFT may by mutual agreement establish direct deduction from your bank account via "ACH" (Automated Clearing House) for payments. Your account will not accrue interest.
(h) Earnings from your seller (or other) account: Your account aggregates your earnings (if any) as a seller. WebhostSHIFT may apply amounts earned by you, even in a separate account and whether as a seller or partner (if applicable), towards amounts owed by you as a buyer.
Assistance: Any questions (including disputes) regarding payouts and/or payment should be directed in the first instance to WebhostSHIFT. WebhostSHIFT shall work with internal resources, such as finance, legal, and senior management, as necessary to answer your questions.
10. SELLER’S OBLIGATIONS AND AGREEMENTS
(a) Sellers are responsible to choose which buyers they want to work with. Buyers have one-sided authority to void or invalidate any sales, which have occurred. You are responsible to do a little background check of past track record of a particular buyer with WebhostSHIFT before you choose and decide to work with a buyer.
(b) Sellers are encouraged to expose the availability of the WebhostSHIFT voucher to all their existing and prospective customers to maximize the potential of monetizing through the WebhostSHIFT system.
(c) Sellers are prohibited to give out the WebhostSHIFT voucher to the general public. Sellers can only give out the WebhostSHIFT voucher to seller’s existing customers or to customers who had closed their account with sellers in the past.
(d) Non web hosting companies are prohibited to use the WebhostSHIFT system, only web hosting companies are allowed to use the WebhostSHIFT system as a seller and give out vouchers to their own customer base.
(e) Seller’s commission can be paid either automatically at the end of every month or manually by withdrawing your account balance from your user control panel. If seller chooses to receive commission automatically, WebhostSHIFT will make commission payment for the month prior. For example, at the end of February, seller will be paid for all valid commissions validated for the month of January. The same applies with manual withdrawals seller can only withdraw amounts that has been validated for the previous month.
(f) Seller may choose to use their available account balance to purchase customers as well by becoming a buyer.
(g) WebhostSHIFT holds the right to suspend or terminate any seller without having to give any reason at any given time. Should this be done, all unpaid commission will be held until validated, then will be paid to the seller immediately.
(h) WebhostSHIFT transaction fee for the first 12 months is 10% of each transaction between seller and buyer. The amount paid to seller will be the buyer’s commission amount minus the 10% transaction fee from WebhostSHIFT. WebhostSHIFT transaction will increase to 20% on the 13th month on. The first 12 months is considered promotional service offer to all new sellers.
(i) WebhostSHIFT does not guarantee in any way pending commissions from buyer to be a valid one, until validated. Buyer has the right to invalidate any sales from any seller for any reason. Seller has the responsibility of monitoring each of their buyer performances, to see their commission pay-out rate ratio. WebhostSHIFT provides extensive reporting tools, to provide seller the ability to monitor the performances and behavior of their buyers.
(j) Seller will be charged a $50 wire transfer fee if seller chooses to receive commissions via bank wire transfer and the amount wired is less than $1000.
(k) WebhostSHIFT is under no obligation to make payment to you of payouts where there are insufficient funds in the buyer’s account which you refer a sale to.
(l) You shall make a claim against a buyer directly for non-payment of earned but unpaid payouts that are unpaid because a buyer have failed to make payment to WebhostSHIFT.
11. RESELLER SERVICE AGREEMENTS
(a) Resellers and technology partners who refers web hosts to use the WebhostSHIFT system will receive recurring 25% commission off what WebhostSHIFT make.
(b) Web hosts are not allowed to use the reseller system to self refer them self.
(c) The Reseller system is provided for web hosts to refer their resellers to use the SHFIFT system and for Technology Partners such as Control Panel Providers, Billing System Providers, Web Hosting Directories, Web Hosting Magazines and Publications to refer web hosts to the SHIFT network.
(d) WebhostSHIFT reserve the right to invalidate a referral made by resellers solely by our own discretion if we found out a particular referred client is a self referral or for any similar reason that points to abusing the reseller system
12. CUSTOMER SERVICE AGREEMENT POINTS
(a) WebhostSHIFT does not guarantee in any way the products and services offered by web hosts registered in our network. WebhostSHIFT only acts as a mere mediator between you the customer and the web hosting companies which you are going to buy from. All products and services advertised on our network are guaranteed by the respective companies which provide them, not by WebhostSHIFT. However, we do maintain the quality of our network by screening the participating web hosts in our network restricted to companies who we know firsthand are reliable and trust worthy ones.
(b) The SHIFT voucher you are about to use is only valid to be used ONE TIME and one time only. Once you have used the SHIFT voucher it will be automatically be invalidated by our system. The process are not reversible, you cannot change your mind later. We cannot re-issue any used SHIFT voucher FOR ANY REASON. Please kindly contact the respective web hosts which you are buying your account should you have any questions or issues with your new hosting account.
(c) By using WebhostSHIFT system, you agree to provide WebhostSHIFT with both your domain name and email address which will be used for tracking purposes only. It will not be used in any way to identify you as a person. Please read our Trust-E certified Privacy Policy to better understand our privacy practices
13. LINKS
The Site contains links to other web sites or resources. You acknowledge and agree that WebhostSHIFT.com is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at Your own risk.
14. MISCELLANEOUS TERMS
(a) Governing Law and Jurisdiction. This Agreement shall be interpreted in accordance with the laws of the State of California without regard to its conflicts of law principles. You and WebhostSHIFT.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
(b) Arbitration. You agree to submit any and all controversies or claims arising out of or relating to this Agreement or the existence, validity, breach or termination thereof, whether during or after its term, to the American Arbitration Association ("AAA") for final disposition by compulsory arbitration under AAA's Commercial Arbitration Rules and Supplementary Procedures for Commercial Arbitration. The arbitration proceeding will take place in Fremont, California.
The arbitrator may, at either party's request, grant injunctive relief. The arbitral award will be your exclusive remedy for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. Judgment upon the arbitral award may be entered in any court that has jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the arbitral award will be charged against the party that resists its enforcement.
(c) Modification. This Agreement may only be amended as provided in the Introduction. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. At any time upon request by WebhostSHIFT.com, you agree to sign a non-electronic version of this Agreement.
(d) Severability. In the event that any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be severed from this Agreement, and the remainder of this Agreement shall continue to be valid and enforceable.
(e) Headers. This Agreement's section headings, bold text, and capitalized text are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
(f) Entire Agreement. This Agreement is the complete and entire statement between you and WebhostSHIFT.com with respect to the subject matter hereof.
