Terms & Conditions
Acceptable Use Policy
1. Terms of Service Website Hosting & Management Services provides
worldwide webpage hosting. Website Hosting & Management Services reserves
the right to suspend or cancel a customer's access to any
or all services provided by Website Hosting & Management Services
at any time without notice or reason. Website Hosting & Management Services
also reserves the right to cancel or suspend a customer’s
account if they breach this AUP. We will make all reasonable
efforts to contact you before this happens.
2. Account-Holder Identification Information You agree that
you, as the person legally responsible for all use of this
account, are at least 18 years of age. If you are under 18
years of age, you need to have parental consent in order to
sign up, and the account must be ordered by a parent or guardian,
in their own name. You agree to supply Website Hosting & Management Services
with a current and truthful name, postal address, email address
and telephone number for our records, and you have a continued
obligation to keep this information current. You also agree
that you are an authorized user of any credit card that you
supply to us or our payment partner(s), and you understand
and agree that we have an obligation to fully investigate
any possible fraudulent credit card use. Website Hosting & Management Services
reserves the right to refuse service to anyone without notice
or reason.
3. Sharing or Reselling of account You are the individual
solely responsible for all use of the account, whether someone
you have given access to the account causes damage or not.
You understand this includes but is not limited to; breach
of the hosting account due to negligence on your part.
4. Account Setup We will setup your account after we have
received payment and we and/or our payment partner(s) have
screened the order(s) incase of fraud. It is your responsibility
to provide us with an email address which is not @ the domain(s)
you are signing up under.
5. No warranties Website Hosting & Management Services makes no warranties
or representations of any kind for the services being offered.
The service is provided on an "as is" and "as
available" basis without warranties of any kind, either
express or implied, including but not limited to warranties
of title, non-infringement, or implied warranties of merchantability
or fitness for a particular purpose. No advice or information
given by Website Hosting & Management Services or its agents or employees
shall create a warranty. Website Hosting & Management Services provides
no warranty that the service will be uninterrupted or error
free or that any information, software or other material accessible
on the service is free from viruses or other harmful components.
Under no circumstances shall Website Hosting & Management Services
be liable for any direct, indirect, special, punitive, or
consequential damages that result in any way from your use
of or inability to use the service, or for third parties'
use of the service to access your Web space, or to access
the Internet or any part thereof, or your or any third parties'
reliance on or use of information, services, or merchandise
provided on or through the service, or that result from mistakes,
omissions, interruptions, deletion of files, errors, defects,
delays in operation or transmission, or any failure of performance.
6. Resource Usage Users may not initiate the following: a)
Run any process that requires more than 5Mb of memory space,
more than 15 CPU seconds, or use more than 5% of all available
system resources at any time. b) Run any type of interactive
real-time chat applications that require server resources.
Remotely-hosted services are fully allowed. c) Run stand-alone,
unattended server-side processes at any point in time on the
server. This includes any and all daemons, such as IRCD. d)
Run any software that interfaces with an IRC (Internet Relay
Chat) network.
7. Account Use Website Hosting & Management Services does not allow
any of the following content to be hosted: a) Illegal Material
- This includes copyrighted works, commercial audio, video,
or music files, and any material in violation of any Federal,
State or Local regulation. b) Adult Material - Includes all
pornography, erotic images, or otherwise lewd or obscene content.
The designation of "adult material" is left entirely
to the discretion of Website Hosting & Management Services. c) Warez
- Includes pirated software, ROMS, emulators, phreaking, hacking,
password cracking. IP spoofing, etc., and encrypting of any
of the above. Also includes any sites which provide "links
to" or "how to" information about such material.
d) Other Material - Any material we feel to be abusive, effect
or could effect the operation of the service and/or effect
other internet users. The designation of "abusive"
is left entirely to the discretion of Website Hosting & Management Services.
All rights reserved. e) Shell (SSH) Access - A valid reason
must be provided for this service to be enabled. Website Hosting & Management Services
reserves the right to not enable it or disable it at anytime.
Misuse (Spamming etc.) of this service may lead to a fine
and/or legal action. This service is not enabled as default.
8. Termination of Sub Account Website Hosting & Management Services
reserves the right to terminate a account without notice or
reason. All rights reserved.
9. Zero Tolerance Spam Policy We take a zero tolerance stance
against sending of unsolicited e-mail, commonly known as spam.
Any user who sends out spam will have their account terminated
without notice. Website Hosting & Management Services reserves the
right to require changes or disable as necessary any web site,
account, database, or other component that does not comply
with this policy, at its sole discretion. Website Hosting & Management Services
also reserves the right to make any such modifications in
an emergency at our sole discretion. Website Hosting & Management Services
reserves the right to charge the holder of the account used
to send any unsolicited e-mail a clean up fee. This cost of
the “clean up fee” is left entirely to the discretion of Website Hosting & Management Services.
All rights reserved.
10. Mass-mailing lists No account hosted on Website Hosting & Management Services
servers may send in excess of one-hundred (100) emails per
one (1) minute or two-thousand, five-hundred (2500) emails
per twenty-four (24) hours. Any account found in violation
of this policy will be immediately suspended.
11. Payment Information You agree to supply appropriate payment
for the services received from Website Hosting & Management Services,
in advance of the time period during which such services are
provided. You agree that until and unless you notify Website Hosting & Management Services
of your desire to cancel any or all services received, those
services will be billed on a recurring basis. Website Hosting & Management Services
reserves the right to change the monthly payment amount and
any other charges at anytime.
12. Backups and Data Loss Your use of the service is at your
sole risk. Website Hosting & Management Services is not responsible
for files and data residing on your account. You agree to
take full responsibility for files and data transferred and
to maintain all appropriate backup of files and data stored
on Website Hosting & Management Services servers.
13. Cancellation and Refunds Website Hosting & Management Services
reserves the right to cancel the account at any time. Customers
may cancel their account at any time. Website Hosting & Management Services
gives you an unconditional 15 day money back guarantee. Refund
requests after 15 days will not be negotiated. Accounts cancelled/terminated
by Website Hosting & Management Services do not qualify for the 15
day money back guarantee. Only first-time accounts are eligible
for a refund. For example, if you've had an account with us
before, cancelled and signed up again, you will not be eligible
for a refund or if you have opened a second account with us.
Accounts where a domain is purchased through Website Hosting & Management Services
do not qualify for the money back guarantee. No refund will
be given in this circumstance.
14. Bandwidth Usage You are allocated a monthly bandwidth
allowance. This allowance varies depending on the hosting
package you purchase. Should your account pass the allocated
amount we reserve the right to suspend the account until the
start of the next allocation, suspend the account until more
bandwidth is purchased at an additional fee, suspend the account
until you upgrade to a higher level of package, terminate
the account and/or charge you an additional fee for the overages.
15. Indemnification Customer agrees that it shall defend,
indemnify, save and hold Website Hosting & Management Services harmless
from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against Website Hosting & Management Services,
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, its
agents, employees or assigns. Customer agrees to defend, indemnify
and hold harmless Website Hosting & Management Services against liabilities
arising out of; (1) any injury to person or property caused
by any products sold or otherwise distributed in connection
with Website Hosting & Management Services' server; (2) any material
supplied by customer infringing or allegedly infringing on
the proprietary rights of a third party; (3) copyright infringement
and (4) any defective products sold to customer from Website Hosting & Management Services
server.
16. Disclaimer Website Hosting & Management Services will not be responsible
for any damages your business may suffer. Website Hosting & Management Services
makes no warranties of any kind, expressed or implied for
services we provide. Website Hosting & Management Services disclaims
any warranty or merchantability or fitness for a particular
purpose. This includes loss of data resulting from delays,
no deliveries, wrong delivery, and any and all service interruptions
caused by Website Hosting & Management Services and its employees.
17. Changes to the AUP Website Hosting & Management Services reserves
the right to revise its policies at any time without notice.
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