General Terms of Service

These Terms of Service (the “Agreement”) are an agreement between The White House Businesses (“The White House Businesses” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by The White House Businesses and of The White House Businesses.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

  1. Additional Policies and Agreements
    1. Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
  1. Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
  1. Account Eligibility
  1. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
  1. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. The White House Businesses is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize The to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
  2. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
  3. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
  4. The Service and any data you provide to The White House Businesses is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.
  1. Transfers

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote at info@thewhitehousebusinesses subject Transfer 30. In no event shall The White House Businesses be held liable for any lost or missing data or files resulting from a transfer to or from The White House Businesses. You are solely responsible for backing up your data in all circumstances.

  1. The White House Businesses Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “The White House Businesses Content”), are the proprietary property of The White House Businesses or The White House Businesses licensors. The White House Businesses Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any The White House Businesses Content. Any use of The White House Businesses Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any The White House Businesses Content. All rights to use The White House Businesses Content that are not expressly granted in this Agreement are reserved by The White House Businesses and The White House Businesses licensors.

  1. User Content

Solely for purposes of providing the Services, you hereby grant to The White House Businesses a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, The White House Businesses does not acquire any right, title or interest in or to the User Content provide, all of which shall remain solely with you unless provide by us.

  1. The White House Businesses exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through The White House Businesses computers, network hubs and points of presence or the Internet. The White House Businesses does not monitor User Content unless provided by The White House Businesses. However, you acknowledge and agree that The White House Businesses may, but is not obligated to, immediately take any corrective action in The White House Businesses sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that The White House Businesses shall have no liability due to any corrective action that The White House Businesses may take.
  1. Third Party Products and Services

The White House Businesses does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. The White House Businesses is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

  1. The White House Businesses as Reseller or Licensor
    The White House Businesses may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-The White House Businesses Products”). The White House Businesses shall not be responsible for any changes in the Services that cause any Non-The White House Businesses Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-The White House Businesses Products, either sold, licensed or provided by The White House Businesses to you will not be deemed a breach of The White House Businesses obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-The White House Businesses Product are limited to those rights extended to you by the manufacturer of such Non-The White House Businesses Product. You are entitled to use any Non-The White House Businesses Product supplied by The White House Businesses only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-The White House Businesses Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-The White House Businesses Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
  2. Third Party Websites
    The Services may contain links to other websites that are not owned or controlled by The White House Businesses (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
  1. Prohibited Persons (Countries, Entities, And Individuals).
    The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, The White House Businesses also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“cc TLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
  2. Account Security and The White House Businesses Systems.
  1. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. The White House Businesses may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
  2. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. The White House Businesses may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
  3. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by The White House Businesses of an issue, we reserve the right to leave access to services disabled.
  4. The White House Businesses reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
  1. HIPAA Disclaimer.We are not “HIPAA compliant.”
    You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. The White House Businesses does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that The White House Businesses is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact contact Info@The White House Businesses.com.

  1. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by The White House Businesses to provide the Services, which may be changed by The White House Businesses from time to time in our sole discretion.
  2. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. The White House Businesses does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content that are conduct by you or your company.
  1. Billing and Payment Information
  1. Unless otherwise provided, you agree that until and unless you notify The White House Businesses of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
  2. Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to The White House Businesses invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
  3. Late Payment.
    All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, The White House Businesses may suspend or terminate your account and pursue the collection costs incurred by The White House Businesses, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. The White House Businesses will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
    Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact The White House Businesses directly after you make a late payment to reactivate the dedicated server.
  4. Domain Payments.
    It is solely your responsibility to notify The White House Businesses Billing department via a support ticket created from Info The White House Businesses.comafter purchasing a domain. Domain renewal notices are provided as a courtesy reminder and The White House Businesses is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
  5. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. The White House Businesses may report any such misuse or fraudulent use, as determined in The White House Businesses sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
  6. Invoice Disputes.
    You have ninety (90) days to dispute any charge or payment processed by The White House Businesses. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
  7. Payment Card Industry Security Standard Disclaimer.
    The White House Businesses complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. The White House Businesses does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
  1. Money-back Guarantee
  1. Managed shared, VPS and Reseller Services.
    The White House Businesses offers a forty-five (45) day money- back guarantee for The White House Businesses managed shared, VPS, and reseller hosting services only. Subject to the terms described in Section 13 below, if you are not completely satisfied with these hosting services and you terminate your account within forty-five (45) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
  1. Cancellations and Refunds
  1. Money-back Guarantee.
    If an account with a forty-five (45) day money-back guarantee is purchased and then cancelled within the first forty-five (45) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to The White House Businesses Support Team (the “Refund Request”) within ninety (90) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic shared, VPS and reseller hosting fees previously paid by you to The White House Businesses for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 13. Requests for these refunds must be made in writing to The White House Businesses Support Team. Refunds will only be issued for basic shared, VPS and reseller hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
  2. Refund Eligibility.
    Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
  3. Non-refundable Products and Services.
    There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Website Designs, No refund shall be processed since every job is produced specifically to each business and we can not resell them. However there are specific cases where mistake are made and we will do our best to minimize and make necessary corrections.
  4.  Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at The White House Businesses sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
  5. Cancellation Process.
    You may terminate or cancel the Services by giving The White House Businesses written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) The White House Businesses may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received….” The White House Businesses will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone at: (202) 239-1738

We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

Cancellations for shared and reseller accounts will be effective on the account’s renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.

  1. Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify The White House Businesses Billing department via a support ticket created from info@thewhitehousebusinesses.comto cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
  2. Foreign Currencies.
    Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and The White House Businesses is not responsible for any change in exchange rates between the time of payment and the time of refund.
  3. Termination
    The White House Businesses may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm The White House Businesses or others or cause The White House Businesses or others to incur liability, as determined by The White House Businesses in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, The White House Businesses shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, The White House Businesses may charge you for all fees due for the Services for the remaining portion of the then current term.
    UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
  1. CPU, Bandwidth and Disk Usage
  1. Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
  1. Bandwidth Usage.
    Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.
  1. Uptime Guarantee.
    If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of The White House Businesses and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please click here or submit an email to info@thewhitehousebusinesses.comto create a support ticket to our Billing department with justification [within thirty (30) days of the end of the month for which you are requesting a credit]. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
  2. Reseller Terms and Client Responsibility
  1. Resellers are responsible for supporting their clients. The White House Businesses does not provide support to clients of The White House Businesses resellers. If a reseller’s client contacts The White House Businesses, The White House Businesses reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client. All support requests must be made by the reseller on its client’s behalf for security purposes.
  2. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. The White House Businesses will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
  3. The White House Businesses is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify The White House Businesses from and against any and all claims made by any User arising from the reseller’s acts or omissions.
  4. The White House Businesses reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by The White House Businesses.
  5. Resellers in The White House Businesses Reseller Program assume all responsibility for billing and recording of technical support issues for each of the Users signed up by the reseller.
  6. Reseller and Client technical support issues. It is the responsibility of the Reseller to submit it’s clients support needs to The White House Businesses technical department. The reseller emails need to be appropriately addressed, formatted, written, and spaced and include the Reseller’s and Client’s contact information – full name, address, phone number, email address, subject and detail description of the technical or non-technical issue. Without the proper information your request will be denied. Send all corespondents technical, non-technical to info@thewhitehousebusinesses.com and your request will be forwarded to the appropriate department.
  1. Stakeholder Terms and Client Responsibility
  1. Stakeholder shall ensure that each of their clients complies with this Agreement. Stakeholder are responsible for supporting their clients through communication of their daily business support requests needs such as and not limited to site readiness, add-ons, site problems and all things related to the client online website site support.
  2. The White House Businesses does not provide direct support to clients of Stakeholder. The Stakeholder is to submit a trouble ticket email to info@thewhitehousebusinesses.com stating their client needs. If a stakeholder’s client contacts the White House Businesses, the White House Businesses reserves the right to place a stakeholder client account on hold until the stakeholder can assume responsibility for the stakeholder client. If responsibility is not meet with-in 24hrs the White House Businesses reserve the right to contact the stakeholder client and resume all responsibility and removing the stakeholder client for their account and the White House Businesses will be responsible for the clients needs. All support requests must be made by the stakeholder on its client’s behalf for security purposes.
  3. Stakeholder are also responsible for all content stored or transmitted under their Stakeholder account and the actions of their clients. The White House Businesses will hold any stakeholder responsible for any of their client’s actions that violate the law or this Agreement. Any noted violation will cause the Stakeholder to lose it account and the determination is at the sole discretion of The White House Businesses based upon theses agreements.
  4. Stakeholder is not responsible for the acts or omissions of our resellers. The stakeholder hereby agrees to indemnify The White House Businesses from and against any and all claims made by any User arising from the stakeholder’s acts or omissions.
  5. The White House Businesses reserves the right to revise our Stakeholder Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by The White House Businesses.
  6. Stakeholder in The White House Businesses Website Designer Program assume all responsibility for the recording of all technical and non-technical support issues for each of the Users/Clients signed up by the stakeholder.
  7. Stakeholder are responsibility for submitting it’s clients support needs to The White House Businesses technical department. The reseller emails need to be appropriately addressed, formatted, written, and spaced and include the Reseller’s and Client’s contact information – full name, address, phone number, email address, subject and detail description of the technical or non-technical issue. Without the proper information your request will be denied. Send all corespondents technical, non-technical to info@thewhitehousebusinesses.com and your request will be forwarded to the appropriate department.
  8. Stakeholder program earnings click here.  For additional information concerning the Stakeholder program submit your email request at mailto:stakeholder@thewhitehousebusinesses.com
  9. Stakeholder in The White House Businesses Program billing. The White Businesses assume all responsibility for billing and distribution of funds ….. and recording of technical support issues for each of the Users signed up by the reseller.
  10. The White House Businesses will support the Stakeholder with his/her Reseller in closing accounts. Contact The Director of Businesses Affairs Office at (202) 239-1768
  11. Identifying Yourself as an Associate

    You must submit your business address P.O. address can be used only for website purpose only and it will be clearly state on your website or any other location where The White House Businesses may authorize your display or other use of Content: “We are a participant in the White House Businesses, Stakeholder web service  advertising program designed to provide a means for you to earn fees:

    1. Stakeholder program earnings click here. 

    by linking to The White House Businesses.” Except for this disclosure, you will not make any public communication with respect to this Agreement or your participation in the Associates Program. You will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.

  1. Price Change
    The White House Businesses reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by The White House Businesses through the user billing tool or through other methods of communication, including notices sent or posted by The White House Businesses.
  2. Limitation of Liability
    IN NO EVENT WILL THE WHITE HOUSE BUSINESSES IT’S DIRECTOR, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF THE WHITE HOUSE BUSINESSES IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE WHITE HOUSE BUSINESSES LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE WHITE HOUSE BUSINESSES FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
  3. Indemnification
    You agree to indemnify, defend and hold harmless The White House Businesses, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
  4. Arbitration
    By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by The White House Businesses and will be held at the AAA location chosen by The White House Businesses in Washington, DC. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, The White House Businesses will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and The White House Businesses alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against The White House Businesses in violation of this paragraph, you agree to pay The White House Businesses reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.
  5. Independent Contractor
    The White House Businesses and User are independent contractors and nothing contained in this Agreement places The White House Businesses and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
  6. Governing Law; Jurisdiction
    Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Washington, DC. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
  7. Disclaimer
    The White House Businesses shall not be responsible for any damages your business may suffer. The White House Businesses makes no warranties of any kind, expressed or implied for the Services. The White House Businesses disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by The White House Businesses or our employees.
  8. Backups and Data Loss
    Your use of the Services is at your sole risk. The White House Businesses backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to stakeholders, shared and reseller accounts as a courtesy and may be modified or terminated at any time at The White House Businesses sole discretion. The White House Businesses does not maintain backups of dedicated accounts. The White House Businesses is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on The White House Businesses servers.

Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.

  1. Limited Warranty
    THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THE WHITE HOUSE BUSINESSES AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE WHITE HOUSE BUSINESSES AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE WHITE HOUSE BUSINESSES AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
  2. Disclosure to Law Enforcement
    The White House Businesses may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
  3. Entire Agreement.
    This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
  4. The headings herein are for convenience only and are not part of this Agreement.
  5. Changes to the Agreement or the Services
  1. The White House Businesses reserves the right to modify, change, or discontinue any aspect of the Services at any time.
  1. Severability
    If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
  2. Waiver
    No failure or delay by you or The White House Businesses to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
  3. Assignment; Successors
    You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of The White House Businesses. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. The White House Businesses may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
  4. Force Majeure
    Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
  5. Third-Party Beneficiaries
    Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

 

This file was last modified: February 1, 2018