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Webhostie Terms of Service (TOS)

This Terms of Service, or TOS, is a contract between you and Webhostie Technologies (Webhostie, we, us, or our). All clients of Webhostie agree to abide by these policies. All clients of Webhostie also warrant that they are at least 18 years of age, and that they have the right and authority to bind themselves, or the company that they represent, to the terms of this TOS.

This TOS, may be modified from time-to-time. All clients of Webhostie agree to be bound by these modifications. The most recent version of this TOS can always be found here.

While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of our third party service providers, or the actions of individuals who use your products and services (End Users).

Important Notice

Webhostie provides a number of services to its customers. The services and products provided to you by Webhostie, as set out on the "Product and Services" and "Hosting Solutions" page  of our website, are referred to as the Services. We provide the Services to you based on the description of them on our website as of the Effective Date. Should our website change subsequent to the Effective Date, we have no obligation to modify the Services to reflect such a change.

The Services may be provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. We will use commercially reasonable efforts to inform you of those changes. However, you may not terminate this TOS based on such a change by a third party.

Domain Name Services

We resell domain names. When you apply to register a domain name, your request is transmitted to eNom and ResellerClub. You are bound by eNom and ResellerClub domain name registration policies and procedures. These policies and procedures are available at their respective websites. Because there is often a period of time between your registration request and the actual registration of the domain name, we do not guarantee that your registration domain name will be registered.

We will use commercially reasonable efforts to register or update domain names. However, circumstances beyond our control, such as billing issues, may result in your domain name failing to register, or to lapse. Our liability in such a case is limited by paragraph 12 below. For this reason, it is your obligation to ensure that your domain name does not lapse.

Contact Information

You are required to provide us with accurate information when setting up your account, during the course of our relationship, and when corresponding with us. On occasion, we may need to communicate with you by e-mail about the Services. You agree to maintain a working e-mail address that is monitored daily. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with updated contact information.

Contents

All services provided by Webhostie may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Webhostie from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of Non-Acceptable Contents or Links

  • Pirated software
  • Hacking programs or archives
  • Warez Sites
  • Illegal MP3's
  • Spamming Software
  • VIP Poster
  • HyIP
  • Proxys (including proxy link websites)

Background Running Programs

We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned Scripts

You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, chat programs, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Webhostie reserves the right to disable the account pending client cooperation and resolution.

Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights

Material accessible to you through Webhostie's Services may be subject to protection under the United States of America (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Webhostie Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Webhostie Network. If you use a domain name in connection with the Webhostie Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service

Webhostie reserves the right at its sole discretion to refuse or cancel service. Violation of any of Webhostie's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

Spam or Unsolicited E-Mail

You must not use the Webhostie Network, Webhostie equipment or any Webhostie email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Webhostie Network, Webhostie equIPment or any Webhostie email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, Webhostie reserves the right to disable your domain without warning. In addition, Webhostie may impose a $ 100 penalty for each spam policy violation. Webhostie solely reserves the right to refuse or cancel service to known spammers. Lastly, Webhostie reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to a Webhostie server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Webhostie (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Webhostie, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Webhostie against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Webhostie server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Webhostie to the amount paid for service.

Free Domain Offers

When this offer is being ran and you have a valid promo code:

The terms & conditions for our free domain name offer are plain and simple. We will register the domain name for 1 year on your behalf (Only available for New Customers during sign up). All we ask is that you stay hosting with us for a minimum of 3 months. If you stay for 3 months or longer and then decide to leave you are free to take the domain at no charge. If you do not stay for 3 months you will be required to pay the full price of the domain name before your account can be cancelled.

Refund and Cancellation Policy

For payment, Webhostie accepts Visa, MasterCard, Discover, American Express or PayPal. Webhostie invoices exclusively via e-mail. Webhostie does not send out invoices via postal services.

You may cancel your account at any time and receive a full refund (excluding any setup fees or domain name registrations fees incurred) if cancelled within our thirty (30) day money-back guarantee period. Please note that if you received a Modernbill or WHMCS license you will be charged £ 9.95 for each month the license was active if within the 30 days. To receive this refund, you may not be on a custom package of any sort. You must be on one of the pre-created packages by Webhostie that is listed on our site. You may cancel for any reason.

If after thirty (30) days you wish to cancel your hosting account, you will receive no refund of any monies already paid to Webhostie.

However, if customer cancels fifteen (15) days before recurring monthly billing date customer will not be billed for the next month and all payments thereafter will be cancelled with immediate effect.

No refunds on ssl's, domain's or Dedicated servers.

Late Payment

Please note All Payments are done automatically monthly.
Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 10 day grace period after which the account is put on suspension.

You will receive a payment reminder everyday from the start of your payment due date. If after 30 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a £ 15 reactivation fee as well as payment of the balance due in full. For late payments please email This e-mail address is being protected from spambots. You need JavaScript enabled to view it to arrange payment.

Cancellation

You must use only one of following methods to deliver a official written notice of cancellation:
Please fill out the entire Cancellation Form. On receipt your account will be pending cancellation within 24 hours. Please include your Name, domain name, username, password and your reason for cancelling.

Disclaimer

Webhostie will not be responsible for any damages your business may suffer. Webhostie makes no warranties of any kind, expressed or implied for services we provide. Webhostie disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Webhostie and its employees. Webhostie makes a 99.9% Uptime guarantee.

Webhostie keeps daily backups of their servers. Webhostie can accept no responsibility for any loss of data or consequences arising from this. Webhostie always advises clients to back up their site data regularly for its own protection.

Webhostie furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Webhostie. A customer's failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Webhostie then Webhostie will not be responsible for maintaining hosting for the resellers customers.

Finally, Webhostie wishes to emphasize that in accepting services, customers indemnify Webhostie for the violation of any law or Webhostie policy, that results in loss to Webhostie or the bringing of any claim against Webhostie. This means that if Webhostie is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Webhostie, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

Webhostie reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.

IP limits

Seo IP limit - Accounts can only use the allotted amount of IP's that come with a package to use toward seo. If your package does not come with an IP you will be allowed only 1 IP address for seo. IP's used for ssl's and valid uses will never been turned down. If found frauding IP's for seo past these limits the account(s) will be up for suspension and or termination.

IP class's - Webhostie can not promise that we will be able to provide different IP classes on a single server. If we so happen to get more then one class this can be done. This all depends on what is available from our datacenter.

Due to a shortage of IP addresses around the world each dedicated IP must be requested via the dedicated IP request form and will only be given if the requester has a complete and valid reason. Dedicated servers will be charged a one time fee of $10 for each order.

Server Limits

  • 25% cpu and or memory for 3 minutes.
  • Combined 5% CPU & RAM over 24 hours.
  • 250 email limit per domain per hour.
  • 50 concurrent database connections at one time.
  • Apache threads to be open no longer then 999 seconds.
  • Php upload limit of 15 megs.
  • Max php session time of 300 seconds or less.
  • Limits are subject to change at anytime.

All Claims

All claims you bring against us must be resolved in accordance with this TOS. Without limiting the previous sentence, this includes claims based on service outages which are expressly covered by our SLA. All claims filed or brought contrary to this TOS will be considered to be improperly filed and a breach of this TOS. If you file a claim contrary to this TOS, we may recover attorneys fees and costs. Attorney's fees include any fees charged by our in-house, or virtual in-house, attorneys

If you have any questions regarding our policies we are happy to assist you. Contact us and our legal experts will glad to answer you.

 

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