Terms of service - Germany

Last updated: Aug 27, 2024, 2:15 PM (EST)

Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the webhostmost.com website (the "Website") operated by Web Host Most, LLC, a(n) Limited Liability Company formed in Delaware, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users, and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Our offers and pricing

We offer digital products on this Website. The price of these digital products can be found listed on the Website. This price does not include taxes or other fees that you may be charged.

Purchases

When you make a purchase on the Website, you will be able to choose the third-party payment processor that will collect your payment information and process your payment. You may make purchases using the following third-party payment processors: Apple Pay, Google Pay, PayPal, Stripe, Braintree, PhonePe, Cryptomus, and AliPay. We are not responsible for the collection, use, sharing, or security of your billing information by these third-party payment processors. The following payment method(s) are accepted by third-party payment processors: American Express, Discover, MasterCard, Visa, UPI, NetBanking, Crypto Coins, and PayPal.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third-party payment processor(s) is true, correct, and complete.

Prohibited Activities

We strictly prohibit any use of our hosting services for illegal, malicious, or harmful activities. This includes, but is not limited to, spamming, phishing, distributing malware, engaging in hacking, adult content, any type of pornography, and any activity that infringes upon intellectual property rights or violates applicable laws.

Cancellation policy

We offer cancellations on purchases made of the digital products offered on our Website. We offer cancellations only At any time. You may cancel your order by contacting us and via the Website. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. We will not be able to issue you a refund of the purchase price that you paid if you cancel your purchase.

We reserve the right to cancel/suspend/terminate your purchase/account for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on canceling your purchase.

We will issue a partial refund of the purchase price that you paid if we cancel your purchase.

Refund policy

We offer refunds on purchases made of the digital products offered on our Website.
To qualify for a refund, you must submit your request to us within 45 days of your purchase date by contacting us or via the Website.

IMPORTANT: Accounts that violated our terms of service by placing prohibited content are NOT eligible for any type of refund.

We may issue the refund within 5 business days.
We offer refunds on purchases made of the digital products offered on our Website for any reason, except the following:

• Any hot deals purchases (including purchases with a free domain name registration, transfer, or renewal)
  
• Any Domain Names
• Any Business SSL Certificate
• Any 360 Monitoring Tool
• Any Marketgoo extension
• Any suspicious activity

125Mb Free Hosting Plan

1. Account Activity Requirement

The 125Mb Free Hosting Plan offered by Web Host Most, LLC ("Web Host Most") is available as a free service, with no time limit, provided that users remain active. To ensure the continued provision of this free service, users must log into their account at least once every 45 days. This activity requirement is in place to optimize resource allocation for active users.

2. Account Deletion Due to Inactivity

If a user fails to log into their account within the 45-day period, Web Host Most reserves the right to permanently delete the user's account and all associated data, including website files, databases, and any other information related to the account. This deletion process is irreversible, and Web Host Most will not be responsible for any loss of data resulting from this action.

3. Removing the Inactivity Limitation

Users who wish to remove the 45-day inactivity limitation can do so by purchasing any paid hosting plan or paid domain name from Web Host Most. Once a paid plan or domain name is purchased, the account will no longer be subject to the 45-day login requirement, and the associated services will remain active as long as the paid plan or domain is in good standing.

4. Changes to These Terms

Web Host Most reserves the right to modify or update these Terms of Service at any time. Any changes will be communicated to users through our website or via email. Continued use of the 125Mb Free Hosting Plan after any changes indicates acceptance of the new terms.

Advance payments

We may ask you to provide an advance payment on any purchase made of the digital products offered on our Website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing digital products.

We will issue you a refund of the advance payment that you made if we cancel.

We will not be able to issue you a refund of the advance payment that you made if you cancel.

Warranty on purchases

We offer the following warranties on purchases of digital products:

• Digital products will be of satisfactory quality;
• Digital products will be fit for a particular purpose;
• Digital products will match the description.

This warranty shall apply for 1 month from the date of the purchase.

Except as stated above, no other warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to the digital products displayed or sold on this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Remedies

You agree that the remedies for breach of this Terms of Service as it relates to your purchase shall be:

• reject the goods, services or digital products;
• Refund.

You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue, and class action waiver” section below. These remedies are intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Subscriptions

This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is 1 month.

You may revoke your subscription by contacting us within 14 days of making your purchase. If you revoke your subscription, it will not automatically renew and you will not be charged for the renewals. Please note that you will no longer receive the items or services provided by the subscription once you revoke IT.

There is no minimum purchase required to qualify for the subscription.

Automatic renewals of subscriptions

When you purchase a subscription on the Website, your subscription will automatically renew depending on which plan the user chooses. We will automatically renew your subscription by using the payment method on file until you cancel your subscription.

You may cancel the automatic renewals of your subscription via the following means:

• Email - SUPPORT@webhostmost.com;
• Through the Website.

Please note that you will no longer receive the items or services provided by the subscription on your cancellation effective date.

The cancellation of the automatic renewal of your subscription will become effective immediately upon you contacting us.

Accounts

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account through their account on the Website.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations, and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

1. Impersonating or attempting to impersonate Web Host Most, LLC or its employees, representatives, subsidiaries or divisions;
2. Misrepresenting your identity or affiliation with any person or entity;
3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
11. Otherwise attempting to interfere with the proper working of the Website;
12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

No warranty on THE Website

This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Availability, errors, and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

Damages and limitation of liability

In no event shall Web Host Most, LLC be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Web Host Most, LLC has been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, Web Host Most, LLC IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF Web Host Most, LLC WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO Web Host Most, LLC IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS Website. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF Web Host Most, LLC. The aggregate liability of Web Host Most, LLC arising out of or relating to this Website, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by Web Host Most, LLC from you.

Links to third-party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2022 - 2023 Web Host Most, LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Web Host Most, LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Web Host Most, LLC or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Gary at gary@webhostmost.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
3. Your name, email, address and telephone number; and
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Web Host Most, LLC
Vall
support@webhostmost.com
+18023761220
9-19 38 AVE
LIC, NY 11101 US
United States

Governing law, severability, dispute resolution, and venue

These Terms shall be governed and construed in accordance with the laws of the state of New York, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in LIC County, New York.

You and Web Host Most, LLC agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will notify you 14 days in advance of making any changes to these Terms of Service by posting the updated Terms of Service to this website and via an email campaign.

Questions

If you have any questions about our Terms of Service, please contact us at support@webhostmost.com.