Services Agreement (Billed as "Web Hosting Plans ")
1. AGREEMENT. In this Web Hosting Service Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our" refer to WebHostingSpace.Net. "Services" refers to the services provided by us, including our web hosting services. This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such Services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE, USE OR ACCESS THE SERVICE.
2. FEES, PAYMENT AND TERM. As consideration for the services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable except those fees covered by the "30 Day Money Back Guarantee". As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties as needed to maintain your services such Account Information. By submitting to this Agreement, you represent that the statements you have made in our application are true and you will not use our Services for any unlawful purpose.
Upon purchasing WebHostingSpace.Net's services, you agree to comply with WebHostingSpace.Net's Terms and Conditions. The spirit of this policy is to ensure our customers are using WebHostingSpace.Net's services with due regard to the rights of other Internet users and in conformity with the requirements of WebHostingSpace.Net's network environment.
2a. Billing Frequency. If you have purchased a package that is billing yearly your credit card will be charged every year on the day you first purchased any products. If you do not wish to renew your Annual Service agreement you must cancel your account by entering a ticket to Customer Support. All cancellations must be requested via a "ticket" by selecting the option "cancellation" when using our ticketing system. Canceling an account does not equal "refunding" an account. A cancellation refers to the removal of user materials from our systems and the deactivation of services. As the purchaser of the Domain Name you are the Domain Name's owner until the term of the Domain Name's registration has expired.
2b. Customer Billing Disputes and Bank Charge Backs. All Bank Disputes and Bank Issued Charge Backs result in the complete cancellation of your account.
3. ILLEGAL USE. WebHostingSpace servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
4. SECURITY. Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Any attempt to undermine or cause harm to a server, or customer, of WebHostingSpace is strictly prohibited. This includes, but is not limited, to the following:
• Unauthorized use or access of other people's accounts or computers, data access or logging into a server or account. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
• Abuse of server resources.
• Displaying material that exploits children under 18 years of age.
• Running IRC, bots or clients on shared servers.
• SPAM, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Server Yard to be unacceptable use of Server Yard services.
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures of any host.
• Taking any action in order to obtain services to which such customer is not entitled.
• Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
• Attempting to interfere with service to any customer, host or network, including, without limitation, through overloading, "flooding", "mail bombing" or "crashing".
• Use of our services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks.
• Engaging in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference of, the ability of others to effectively use our services (or any connected network, system, service or equipment) or conduct their business over the Internet.
• Providing material that is grossly offensive to the Web community.
• Acts of copyright infringement including offering pirated computer programs or links to such.
• Each shared web hosting account comes with its own CGI-BIN, in which you are free to use any scripts you wish. However, these scripts may not interfere with performance of the servers by depleting server resources, thereby affecting other customers on the server.
• We do not allow clients to send more than 1500 pieces of e-mail per day from a shared hosting account. If you do send more than this number per day, you must purchase a virtual mail hosting account which will allow you to send more email through your account.
5. SERVER ABUSE. Any attempts to undermine or cause harm to a Web Hosting Space's server or customers are strictly prohibited. This includes the abusive sending of unsolicited email, also known as "Spam".
Examples of activities that include SPAM include but not limited to:
• Any email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender.
• Forging any TCP/IP packet header or any part of the header information in any message.
• "Mail bombing" or sending numerous copies of the same or substantially similar message with the intent of disrupting a server or account.
• Spamming Newsgroups: Any advertisements in newsgroups that bring about complaints.
• Mail that is used to harass or intimidate others, whether through language, frequency of messages, or size of messages. You must stop sending email to a person when they request removal.
6. ACTIONS TAKEN BY WebHostingSpace.Net. Your failure to meet or follow any of the Terms and Conditions set forth by WebHostingSpace.Net is grounds for account deactivation. WebHostingSpace.Net will be the sole arbiter as to what constitutes a violation of its Terms and Conditions. WebHostingSpace.Net reserves the right to remove any account without prior notice.
When WebHostingSpace.Net becomes aware of an alleged violation of its Terms and Conditions, WebHostingSpace.Net will initiate an investigation. During the investigation, WebHostingSpace.Net may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, WebHostingSpace.Net may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, WebHostingSpace.Net will notify the appropriate law enforcement authorities of such violation.
7. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may terminate our Services, including but not limited to our web hosting services, without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
8. NO GUARANTY. You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.
9. DISCLAIMER OF WARRANTIES. You agree and warrant that the information that you provide to us to register for our Services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the our e-mail service or that defects in the Services software will be corrected.
10. REVOCATION. You agree that we may terminate your right to use our Services if the information that you provided to register for our Services, or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material.
11. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to host your website or register you for other Services, or to terminate the Services we provide you within thirty (30) calendar days from receipt of your payment for such services. In the event we do not host your website or register you for other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to host your website or register you for other Services.
12. INFANCY. You attest that you are of legal age to enter into this Agreement.
13. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.