In consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:
- Customer agrees to pay for hosting services rendered in advance of each monthly service term.
- Customer agrees to future automatic payment if a credit card is used unless otherwise indicated to WPWebHost.
- Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
- Customer understands that all domain purchases are non-refundable.
- Non-Payment of services shall result in a 10-day notice of disconnection. All payment failures must be cured within 10 days of notice. Customers failing to secure payment within 10 days of notice will incur service interruption.
- WPWebHost reserves the right to terminate service immediately to any subscriber it deems, in its sole discretion, violates any condition of service including this Terms of Service.
Customers shall not allow the posting, transmission, or storage of data and content on or through the services which, in WPWebHost’s sole determination, constitutes a violation of any relevant law, regulation, ordinance, or court order. Customers shall be responsible for determining what laws or regulations are applicable to their use of the services. Prohibited content includes, without limitation, (a) content or code that facilitate any violation of, or describe ways to violate, this TOS or (b) “harvested” addresses or information, (c) “phishing” web sites, (d) “link farms”, (e) “spamvertising” sites, (f) “adult content” or (g) “file sharing based application”
Customers shall not use multi-users website creation script, or any script that automatically scrape content from others, for the content on their website.
Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered “adult material.” However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why WPWebHost has been forced to create its no adult sites policy for its virtual server users.
What does WPWebHost consider “Adult Material”? Examples of adult material include, without limitation, the following:
- Any site whose revenue is gained in part or whole from its adult content.
- Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
- Hyperlinks to adult sites, including but not limited to sites who violate these policies.
- Sites that have discussion boards and share information that is ‘adult’ in nature.
- Sites that sell or promote ‘adult’ material, including but not limited to adult toys.
All accounts in WPWebHost are strictly prohibited in publishing or distributing in anyway on links or files that are related to file that are provided through file sharing service such as Rapidshare or Rapidleech or any other similar type of file sharing sites. Whether lawful or unlawful, WPWebHost reserves the right to determine what is harmful to its Customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the services provided by WPWebHost.
WPWebHost reserves the right to decide what it considers “adult content”, “adult material”, “sexually explicit”, or “sexually related”. Let us know if you are unsure of the approval of your site before placing an order. Please email email@example.com for review of your content and/or site.
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. WPWebHost investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
- Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access.
- For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
- Executing any form of network activity that will intercept data not intended for the Customer’s server.
- Circumventing user authentication or security of any host, network or account, including “cracking.”
- Interfering with or denying service to any user, host, or network other than the Customer’s host (example: denial of service attack or distributed denial of service attack).
- Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (“spoofing”) or other identification information.
- Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.
- Failing to comply with the WPWebHost’s procedure relating to the activities of Customers on the WPWebHost’s premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as emergency security breach recovery and is currently charged at $100.00 USD per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.
Mass Mailings. WPWebHost has a zero tolerance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same,or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. 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. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of WPWebHost whether or not the message actually originated from our network.
Mailing Lists: WPWebHost’s mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. We limit the amount of email allowed on our Shared Virtual Servers to no more than 1000 emails per day and 30 emails in 10 seconds. The list must also allow for automatic removal by all end customers with non-distribution in the future.
If your actions have caused WPWebHost mail servers or WPWebHost IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $100 charge to your account and $25 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
Violation of the above terms will result in one or all of the following:
- A warning from via email or phone.
- Removal of DNS for the advertised / originating site.
- Immediate disconnection of service with no re-activation.
- $100 fee assessed to your account for violation.
WPWebHost hosting accounts may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Creating, utilizing, or distributing unauthorized copies of software are a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. WPWebHost will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our data centers.
Should your account utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, WPWebHost reserves the right to request that you either upgrade your web hosting service package or reduce your account’s use of resources to an acceptable level. Kindly refer to Hosting Plans Comparison Table for the resources quota info of each hosting plan. WPWebHost Software will be the sole arbiter of what is considered to be an excessive amount of server resources. WPWebHost reserves the right to suspend or shut down any web hosting account deemed to adversely affect server performance or network integrity. In addition, Customers may not run network-accessible servers or other daemons from shared hosting accounts. Customer accounts and data on the shared hosting service should only be made accessible from the services provided by WPWebHost.
WPWebHost reserves the right to suspend service to any Customer for violation of the Terms of Service. WPWebHost will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. WPWebHost reserves the right to terminate service without notice for continued and repeated violations of the TOS. Continued violations of the TOS resulting in cancellation of services will also result in a fee in the amount of $100 and contract acceleration for all amounts outstanding under the contract term.
Network ConnectivityWPWebHost endeavors to have network connectivity available for HTTP access by third parties 99.5% of each month (“Web Site Availability”). In the event that there is no Web Site Availability, WPWebHost will credit the monthly service charge for the Service at the rate of 5% for every 30 minutes past 99.5% availability in a given month. Credits shall not be provided in the event that there is no Web Site Availability resulting from (i) scheduled maintenance, (ii) Customer behavior or the performance or failure of Customer applications, or (iii) circumstances beyond WPWebHost’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation). WPWebHost is not responsible for any additional loss and/or damage as a result of no Web Site Availability. While WPWebHost attempts to keep regular backups of data stored on our systems, WPWebHost does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the client is responsible for making backups of data. WPWebHost does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our clients’ information.
WPWebHost guarantees that any client in good standing who submits a support issue through our online ticket system will receive prompt response and resolution. All responses to initial ticket submission will be made within 24 hours. As different issues require varying amounts of time to resolve, WPWebHost guarantees that open tickets requiring action will be updated and clients notified at least once every business day. The primary means of this notification by WPWebHost will be email. Failure to provide adequate email address or details surrounding the issue will void this guarantee for the specific issue only. Failure of WPWebHost to abide by this guarantee will result in the client receiving one full month’s credit applied to their account. This credit is redeemable for WPWebHost services only and is not refundable as cash for any reason. Client is NOT responsible for requesting credit as all tickets are time stamped and reviewed daily.
Upon termination of this agreement you will receive a prorated refund of any pre-paid, refundable fees for the remainder of any term. Fees for certain services, including but not limited to domain name registration and renewal, setup fees, one time fees, shipping and handling, SSL certificate fees, software license fees, technical charges, unused bandwidth, unused disk space, unused backup space, free hosting period extension in addition to initial offers are not refundable unless provided otherwise specified at WPWebHost Website. WPWebHost may, in its sole discretion, refund other amounts as it deems necessary or advisable.
If a client in good standing decides to cancel their services with WPWebHost within 100 days of account creation, 100% of the paid package price, exclusive of the domain registration fee will be refunded to client with no questions asked. Improper use of WPWebHost’s services or non-compliance with any WPWebHost terms or agreement will nullify this guarantee. This full money back guarantee only applies to WordPress Managed Hosting Plan and only for first-time customers, returning customers signinup for new plans are only entitle for partial refunds of unused fees.
Customer agrees that it shall defend, indemnify, save and hold WPWebHost Software harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against WPWebHost, its agents, its customers, servants 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 WPWebHost Software against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with WPWebHost’s service, any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, or any defective product which Customer sold on WPWebHost Software’s service.
- WPWebHost will process orders placed by Referred Customers who follow the Links from an Affiliate Site to WPWebHost. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time.
- Your affiliate account must be active at the time of the sale. No commission is due for sales that were made before you registered for our Affiliate Program.
- The final payment of the hosting should be more than $50 USD and commission is only applicable to 1 year or above hosting plan.
- We will track the Qualified Purchases generated by your Affiliate Site and will make this information available to you through our website. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between your website and our website are properly formatted.
- Commission Determination; Qualified Purchases
- Commissions will be calculated based on the commission rates stated on the WPWebHost website for each Qualified Purchase (as defined herein). A “Qualified Purchase” does NOT include the following:
- A purchase by a Referred Customer that has transferred from any WPWebHost partners or subsidiaries.
- A purchase by a Referred Customer that is not up to date on its payments or is subject to a refund, referral, or other program.
- A purchase that was completed prior to the Affiliate joining the Affiliate Program or was not tracked properly through an Affiliate Link.
- A purchase by a Referred Customer that has not been in good standing for a period of at least 45 days.
- A purchase that WPWebHost suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement.
- A purchase referred by an Affiliate that has an excessive cancellation rate as determined in WPWebHost’s sole discretion.
- A purchase by a Referred Customer if the Referred Customer was offered or received coupons, refunds, credits or discounts from the Affiliate.
- A purchase by a Referred Customer who received a popup with a discounted offer, while leaving WPWebHost’s website during their purchase.
- A purchase by a Referred Customer engaging in “Domain Speculation,” which is determined by the identification of two (2) web hosting accounts with the same Referred Customer’s name, email address, or other identifying characteristics as determined by WPWebHost and/or the identification of two (2) or more web hosting accounts that have content on their websites or have similar content, templates or formatting, as determined by WPWebHost, in our sole discretion.
- WPWebHost reserves the right to withhold payment of initial Commissions Fees to Affiliates who are new to the Affiliate Program, or who have commissions that are potentially fraudulent as determined by WPWebHost in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.
- WPWebHost reserves the right to suspend the payment of Commission Fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms of this Agreement by the Affiliate or a Referred Customer. WPWebHost reserves the right to deduct from Affiliate’s current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and cancelled purchases.
- WPWebHost reserves the right to immediately cancel or withhold for later review any Commission Fee that fails to meet the criteria of a “Qualified Purchase.” Affiliate is responsible for monitoring the payment, denial and, withholding of Commission Fees.
- Customers in good standing are hosting account owners who have provided valid contact information, are not flagged for high fraud risk, have active accounts that do not exceed any quotas or limitations as per the WPWebHost Terms of Service and actively use their accounts. Active account usage is determined at our sole discretion and may be based on any of the following: number and frequency of logins into the User area and account control panel; frequency of new content upload on the account; number of visits on the website and the frequency of such visits; any other way that unambiguously demonstrates the user actively operates with the account, etc.
- Bidding on keywords and phrases containing the “WPWebHost” trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, MSN, Ask, Bing or others) without our prior approval. You are not allowed to use the WPWebHost Website(s) as display URL in PPC ads and to direct-link or redirect to the WPWebHost Website(s)。
- WPWebHost shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in warning, suspension or termination of your affiliate account and and cancellation of all outstanding commission payments due.
- The initial order payment and any related service renewal payments of the referred customer are fully processed and are not subject to refund or chargeback. We reserve the right to mark any sale as invalid at our own discretion, without providing any explanation or justification.
- Commissions will be calculated based on the commission rates stated on the WPWebHost website for each Qualified Purchase (as defined herein). A “Qualified Purchase” does NOT include the following: