By using The Web Managers LLC’s (“TWM”, “our”, “us” or “we”) products and services, you (“you”, “your”, “Client” or “Customer”) agree to comply with all of our policies. TWM reserves the right to cancel, suspend, or terminate any service provided with or without a refund for any reason that TWM believes necessary to proceed to such action. TWM also reserves the right to change and modify the Terms of Service at any time with or without client notification. It is up to the client to periodically check and familiarize himself or herself with any updates to the Terms of Service. Non-compliance with the new Terms of Service modifications can be grounds for suspension and or termination.
By ordering our services, you agree to adhere to our Acceptable Use Policy. Failure to do so will result in suspension and possibly termination.
Multiple replies to tickets will not ensure that you receive a faster response. We generally process tickets in the order in which they are received as such multiple replies to your ticket will only take your ticket back to the bottom of our queue. We only offer support in English and require that it be used to communicate with our staff.
We do not tolerate profanity or abusive language in any form of contact with us including, but not limited to, emails, our ticket system, our Live Chat system, or via our Phone system. Such behavior will result in a warning, followed by disallowing you with access to our live support systems and lastly suspension and/or termination of your services.
TWM support is available for non-critical issues between the hours of 7AM and 4PM Eastern Standard Time. Critical support for site, server or network problems is available 24/7/365.
All of our hosting packages are instantly activated unless your order has failed to pass our fraud checks in which case your order will be held for manual review, such review can take up to 24 hours to be completed.
All payment invoices are generated 10 days before payment is due. Failure to pay by the due date will result in suspension and, ultimately, termination of your service. Credit cards on file will be automatically charged 3 days prior to the invoice due date unless you have submitted a cancellation request through the members area prior. TWM reserves the right to terminate your service at any point after your invoice is overdue, and will not be responsible for any data loss due to termination.
TWM offers a three day refund period for your first payment on your first service with us. Software licenses are not eligible for refunds. Refunds must be requested via support ticket in the Client Area after a cancellation request has been submitted.
If the client creates a subscription to pay for his or her service(s) with TWM, the client is responsible for canceling that subscription when he or she no longer wants service with TWM. TWM will make every effort to cancel the subscription automatically when the service is cancelled however TWM will not be responsible for handling or refunding any transactions that take place after the client has cancelled his or her service with TWM in the event that the client fails to cancel the related subscription.
Payments for services are split into two categories, the payment for the service and the payment for the control panel used in the service. Since cPanel revises their charges on a yearly basis TWM may at their own discretion increase or decrease the charge for the control panel being used in the service for both new and existing customers. This will be communicated to the affected customers at minimum 30 days prior to the increase coming on effect.
Raising a billing dispute with our payment processors or charging back a payment made to TWM will place the client’s account in bad standing and will be grounds to immediate account suspension followed by termination with no refund. In the event of a chargeback TWM reserves the right to charge a fee of up to $200 for handling the chargeback.
Any threat of legal action against TWM by a client will result in immediate account and service termination with no refund.
All orders placed through our billing portal are passed through an automatic fraud check system. Although our services are typically set up instantly upon receipt of payment, we manually review each fraud score before accepting the order.
If our fraud check system scores your order as dangerous, we may require submission of a government issued ID to allow continued use of our services. Failure to comply in a timely manner may result in suspension and/or termination with no refund.
Ordering from a VPN or proxy will cause your order to be flagged as potential fraud, requiring additional verification in order to use our services. TWM requires your real first and last name, as well as accurate information in all other fields, upon placing an order. If you provide false information when placing an order, your service may be suspended and/or terminated without notice upon manual review.
TWM utilizes MaxMind/FraudRecord to screen new orders for previous fraudulent activity and to report existing customers who violate our Terms of Service and/or Acceptable Use Policy. In case of a violation, you may be reported to MaxMind/FraudRecord for misbehavior using one-way hashed information.
DDoS Protection is offered without any additional charge on all our services. We do not offer any guarantees regarding our DDoS Protection system. TWM reserves the right to suspend and or terminate accounts which attract frequent DDoS Attacks.
TWM takes daily backups of all services. Clients are responsible for their own data. TWM shall by no means be responsible for data loss. TWM cannot guarantee the availability of backups, the backup service is offered on a best-effort basis.
Any claim arising hereunder shall be construed in accordance with the substantive and procedural laws of the State of Wyoming, without regard to principles of conflict of laws. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Wyoming. Customer consents to service of process via email at the email address(es) provided by customer, and waives any requirement under the Hague Convention or other judicial treaty requiring that legal process be translated into any language other than English.
YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, ANY RELATED COMPANIES, LICENSORS AND PARTNERS, AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM OR RELATE TO YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SERVICES) USE OR MISUSE OF, OR ACCESS TO, THE SERVICES, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS OF SERVICE OR OF ANY LAW, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
You hereby release and discharge TWM, its officers, employees, agents, parents, affiliates, successors, and assigns from each and every past, current, or future dispute, claim, controversy, demand, liability, action, omission, cause of action, and/or litigation, of any kind or nature, including without limitation breach of contract, tort, intellectual property suits, personal injury, death, and/or property damage, arising out of or related to, directly or indirectly, this Agreement or any other interaction with the Site. NOTE TO CALIFORNIA RESIDENTS: USERS RESIDING IN CALIFORNIA HEREBY WAIVE THE PROVISIONS OF CAL. CIV. CODE § 1542, WHICH PROVIDES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS IN WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOW BY HIM OR HER MIST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TWM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TWM MAKES NO GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, WILL ALWAYS BE ERROR-FREE, SECURE, OR TIMELY, OR WILL BE RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL DATA AND/OR INFORMATION.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, AS APPLICABLE, TWM DISCLAIMS ANY AND ALL RESPONSIBILITY, LIABILITY, OR OTHERWISE ARISING OUT OF DEATH OR PERSONAL INJURY RESULTING FROM, DIRECTLY OR INDIRECTLY, THE USE OF THE SITE, SERVICES, OR OPERATION OF TWM’S PRODUCTS.
TWM TAKES NO RESPONSIBILITY, NOR WILL IT BE LIABLE FOR, ANY DAMAGES TO USER’S PROPERTY, INCLUDING COMPUTER VIRUSES OR MALWARE, OR OTHER PROPERTY CAUSED BY OR STEMMING YOUR USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT BE APPLICABLE IN YOUR SPECIFIC SITUATION.
TWM SHALL NOT, IN ANY EVENT, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY (A) LOST PROFITS; OR (B) DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR OTHERWISE RELATED TO THIS AGREEMENT, YOUR USE OF THE SITE AND/OR SERVICES. ACCESS TO AND USE OF THE SITES AND SERVICES ARE AT YOUR OWN RISK AND DISCRETION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TWM’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES STEMMING FROM OR OTHERWISE RELATED TO THIS AGREEMENT, FOR ANY REASON WHATSOEVER AND IRRESPECTIVE OF THE FORM OR FORUM, IS LIMITED TO THE AMOUNTS PAID TO TWM IN THE TWELVE (12) MONTHS PRIOR TO THE ASSERTION OF SUCH CLAIM, DEMAND, OR OTHERWISE.
YOU AGREE THAT TWM’S PARTNERS, AFFILIATES, AND LICENSORS WILL HAVE NO LIABILITY, OF ANY KIND WHATSOEVER, STEMMING FROM THIS AGREEMENT.
THE FOREGOING LIMITATIONS ON LIABILITY APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
If a dispute arises from or relating to this Agreement or the breach thereof, and if the dispute cannot be resolved through direct discussions between you and TWM, the parties agree that any such dispute shall be settled by arbitration administered by the American Arbitration Association (“AAA”) before a single arbitrator in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Wyoming, USA. The arbitration shall be governed by the laws of the State of Wyoming. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
Class Action Waiver
Unless required by applicable law, you and TWM agree that neither will assert a class or representative action claims against the other, whether in arbitration or otherwise, which actions are hereby waived; and each of the parties shall only submit their own, individual claims in arbitration and will not seek to represent the interests of any other person.
This Agreement, and any other agreement entered into between you and TWM, shall be governed by and construed in accordance with the laws of the State of Wyoming, without reference to conflicts of laws principles, except to the extent that United States federal law preempts Wyoming law, in which case United States federal law will apply, without reference to conflicts of laws principles.
If any portion of this Agreement is found to be unenforceable by a court of competent jurisdiction or arbitrator, such determination shall have no effect on the remaining terms of this Agreement, which shall continue in full force and effect.