All Payments to World Host Network are non-refundable
1.) 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) in case of fraud. It is your
responsibility to provide us with an email address which is not at the domain(s)
you are signing up under.
2.) Content
All services provided by us may only be used for lawful purposes. This includes,
but not limited to: copyrighted material, material we judge to be threatening or
obscene, pornography. Examples of unacceptable material:
Examples of unacceptable material on all Shared and Reseller servers include:
* AutoSurf/PTC/PTS/PPC sites
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/Spam Scripts
* File Dump/Mirror Scripts (similar to rapidshare)
* Commercial Audio Streaming (more than one or two streams)
* High-Yield Interest Programs (HYIP) or Related Sites
* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
* Sale of any controlled substance without prior proof of appropriate permit(s)
* Prime Banks Programs
* MUDs/RPGs/PBBGs
* Hateful/Racist/Harassment oriented sites
* Forums and/or websites that distribute or link to warez/pirated/illegal content
* Mailer Pro
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk
emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any
user who sends out spam will have their account terminated without notice. We
reserve the right to require changes or disable as necessary any web site,
account, database, or other component that does not comply with this policy. We
also reserve the right to make any such modifications in an emergency at our
sole discretion. We reserve 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 our website management staff.
4.) Payments
(a) Fees. Fees are payable in advance on the first day of each billing cycle. The Customer's billing cycle shall be monthly, quarterly, semi-annually or annually as indicated on the Order, beginning on the Service Commencement Date. WorldHostNetwork requires payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, the Customer authorizes WorldHostNetwork to bill the displayed amount, in United States dollars to the credit/debit card on, or after the first day of each successive billing cycle during the Term of this Agreement; otherwise WorldHostNetwork will invoice the Customer via electronic mail to the Primary Customer Contact listed on the Order. VPS Hosting services require full payment on the due date. Any VPS Hosting services left unpaid on the payment due date will be suspended. For renewals (monthly), Credit cards may be authorized three (3) days before the due date to prevent late invoices.
(b) Early Termination. The customer acknowledges that the invoice for services is based on the Customer's order. In the event that WorldHostNetwork terminates the Agreement for the Customer's breach of the Agreement in accordance with Termination, the unpaid fees for each billing cycle remaining in the Initial Term or then current Renewal Term, as applicable, are due on the business day following termination of the Agreement. No refunds for unused service will be returned on accounts terminated for breach of agreement.
All Payments must be made in United States dollars. The Customer is responsible for providing WorldHostNetwork with changes to billing information (such as credit card expiration, change in billing address) At its option, WorldHostNetwork may accrue charges to be made to a credit/debit card until such charges exceed $10.00. The customer will be sent an electronic mail to the Primary, and Secondary Customer contacts if the payment is late. WorldHostNetwork may suspend the service without notice if payment for the service is overdue. Late accounts are sent two notices. A notice will be dispatched to the customer one day after the invoice is due to remind the customer of the invoice. A second notice will be dispatched two days after the invoice is due. After three days, the account will be suspended, and a fifty dollar ($50.00) late fee will be invoiced, and will have to be paid before account reinstatement. Disputes, or charge-backs will result in immediate suspension, with a Two hundred and Fifty dollar Research fee ($250.00) billed to the client, and immediately due. All billing disputes should be handled in the client system, under the billing queue. Billing errors will be promptly corrected with a possible compensation offered to the client. If the account is not paid in full after seven (7) days, the invoice may be forwarded to collections with a reasonable fee to cover collection agency fees, attorney fees, and court costs. Threats of disputes or charge-backs will result in immediate suspension. Please contact the billing department for any billing related issues. WorldHostNetwork reserves the right to take full possession and ownership of domains of chargebacked accounts, and sell these domains to attempt to recover losses.
Bandwidth overages will be billed at Twenty Five Cents ($0.25) per gigabyte.
You agree to supply appropriate payment for the services received from us, in
advance of the time period during which such services are provided. We reserve
the right to change the monthly payment amount and any other charges at any
time. We request that payments be completed within 7 days of the due date. If on
the 12th day payment is not complete we reserve the right to suspend service and
on the 15th day we reserve the right to cancel service and destroy all data
related to the service. This can be extended by the Billing Administrator or
applicable designee of the Billing Administrator.
5.) Copyright Violation and DMCA Violation
We reserve the right to forcefully remove data or take corrective action on
request of a copyright enforcement agency or a Copyright Holder. WHN Staff
will attempt to contact the client however if we are unable to contact the
client the content may be removed without notice by approval of the Network
Security and Abuse Administrator.
6.) Backups and Data Loss
Your use of the service is at your sole risk. We are 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 our servers.
7.) Cancellation and Refunds
We reserve the right to cancel accounts at any time. Customers may cancel at any
time. We do not offer refunds on domains or hosting.
8.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90 seconds. There are
numerous activities that could cause such problems; these include: CGI scripts,
FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the
server. This includes any and all daemons, such as IRCD.
9.) 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. Unused transfer in one month cannot be carried over to the next month.
10.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We
reserve the right to change prices listed on our site, and the right to increase
the amount of resources given to plans at any time.
11.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from
any and all demands, liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against us, 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 the customer, its agents,
employees or assigns. Customer agrees to defend, indemnify and hold harmless
any liabilities arising out of; (1) any injury to person or property caused by
any products sold or otherwise distributed in connection with us; (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 customers by Delta Services. We do not hold warranty
for any content on your web space damaged by our agents in installation of
scripts or applications per the clients request. We will try our best to leave
your space unaltered however you should understand the above before requesting
aide from us.
12.) Customer Service
All customers agree that the type of service that they receive is based upon the
the attitude they present at the time of request for help.Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
13.) Account Security
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
14.) Dedicated Servers
Dedicated Servers are for all intensive purposes a lease which you are agreeing to pay for on a month-to-month contract. You agree that any upgrades you wish to pay for are non-refundable as well as any payments made for setup, software installations, KVM/IP devices, etc. Hardware will be replaced 4-12 hours after it has been deemed that the hardware is indeed faulty. Hardware is the only part of the dedicated server that is covered 100% by World Host Networks. OS Reloads and Software installations are subject to be billed on an as needed basis.
15. Project Management
Project Management under traditional circumstance a service that is offered 21 hours of service per week. Negotiating for lower prices reduces the amount of hours per week in direct comparison to the price difference. This does not include Server Management, Server Monitoring, assistance with any software hosted upon any servers in question.
16.) Additional Services not listed
Additional Services not listed in this Terms of Service/Acceptable Usage Policy/Server Level Agreement are negotiable with World Host Networks holding the right to withhold any additional item which is not being directly billed to the client.
17.) Disclaimer
We will not be responsible for any damages your business may suffer. We make no
warranties of any kind, expressed or implied for services we provide. We
disclaim 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 us and our employees.
18.) Changes to the TOS
We reserve the right to revise this policy at any time without notice.
Changelog:
Last Major Update: May 2, 2010
Minor Update: December 8, 2009
Major Update: August 22, 2008
Original Creation: July 26,2008
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