WebtheUs' general policy is to act as a provider of Internet presence. WebtheUs has specific ethical concerns regarding the use of its computers detailed below. WebtheUs reserves the right to suspend or cancel a customer's access to any or all services provided by WebtheUs when we decide that the account has been inappropriately used.
Server abuse
Any attempt to undermine or cause harm to a server or customer of WebtheUs is strictly prohibited.
Unauthorized use of other people's accounts or computers
Webtheus will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a WebtheUs customer, whether or not the attacked account or computer belongs to WebtheUs, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation and civil or criminal legal action, depending on the seriousness of the attack.
Adult Sites, That Place Adult Materials On Their Sites
Any type of pornographic materials, hate materials, adult materials (adult material is not necessary limited to pornography), racial materials, or unlawful practices are prohibited.
Utilization Limitations and / or Unlimited Storage
WebtheUs customers are privileged to be offered an unmonitored account in terms of bandwidth. This means WebtheUs does not pro-actively monitor bandwidth usage of our customers. Customers are entitled to use as much bandwidth as necessary as long as they (a) do not harm other customers located on the same machine or on other machines of WebtheUs' network and (b) do comply with all other terms & conditions. All domain / sub domains account do have a moderation throttling utility applied to their throughput. This moderation throttling utility measures the accounts usage based on averages derived from various server tasks and services such as average CPU utilization, FTP utilization, HTTP bandwidth utilization, Email utilization - et cetera. On basis of the meaningful average value the moderation throttling software decides if a delay of an offending account is determined to be necessary in order to assure 100% service uptime, reliability and performance for other web sites of moderate usage on the same machine. HTTP moderation is set to 171 million bits per hour (in numbers: 171,000,000 bits / hour), other limitations are determined depending on average usage of the server by all clients on the same machine and hence depend. The hourly bandwidth throttling setting equals to a maximum of 15gb / month in data transfer that a hosted account can reach.
Any customer who violates WebtheUs' policies in abusing any policy will not necessarily be notified, in rare cases, WebtheUs has to temporarily deactivate and / or turn off hosting accounts without prior notification and / or reason. If no action takes place on customer side for initiating reactivation of hosting account and stop abusive usage of service, hosting account will be terminated permanently without refund.
Commercial advertisements with e-mail unsolicited commercial advertisements are not allowed in e-mail (commonly known as SPAM or UCE) and will result in account suspension or cancellation.
Commercial advertisements are un-welcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups is particularly unethical and will be treated as such breach of this ethical policy.
Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Excepted are opt-in mailing lists where the recipients have explicitly requested to receive advertisements and have an opt-out option. Proof must be made that recipient has opted-in to receive advertisements and / or newsletters in case of complaint.
Chat Rooms
We do allow clients to install their own chat rooms however chat rooms are subject to utilization policy, hence approval with the WebtheUs support team prior to utilizing the chat software is strongly recommended. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. Para chat rooms do not apply to this rule. They are perfectly fine to install.
Background Running Programs
We may allow programs to run continually in the background. These are called cron jobs and are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed, if applicable. In most cases WebtheUs prefers not to impose any extra charges on the customers.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Payment Policies
Customer is welcome to request move of domain name registered through WebtheUs to another provider anytime and WebtheUs will immediately work on request and initiate process to remove the domain name from WebtheUs' bulk registration system. Customer can then register this domain name with any other provider, as per customer's preference.
All pricing is assured for the term of pre-payment. WebtheUs reserves the right to change prices at any time for *new* customers only. Existing customers have, as soon as an order is placed, a price-lock on their account and are assured to ALWAYS receive the same or lower price than they originally signed-up for. Hence customers will never face or incur higher or increased charges. Unless other terms have been agreed upon, any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies WebtheUs in online writing for a request for termination of services.
All subscription fees, together with applicable taxes, are payable in advance in U.S. Dollars. As a subscriber, you agree that we are permitted to charge your credit card for your applicable subscription fee, any applicable sales tax and any other charges you may incur in connection with your use of our services. The subscription fee will be billed at the beginning of your subscription and on each renewal (monthly, quartely, yearly, etc.) thereafter unless and until you terminate your subscription as provided herein. Your payment obligation begins with the commencement of your subscription, regardless of when you access the Online Services.
Cancellation
WebtheUs reserves the right to cancel service at any time due to policy violations. If WebtheUs institutes it's right of cancellation, no pro-rated fees will be refunded or credited as policies have been violated. Each customer is expected to use his/her account for the purpose of maintaining a web site only, with responsibility and respect toward other Internet users. Common sense is the best guide as to what is right and wrong, and it's the same guide we'll use when analyzing an event of bad behavior. WebtheUs has the right to deny business to a customer, if this customer is being rude to a member of our staff, attempting to re-open an account after the user's account has been previously cancelled due to a policy violation, constantly creating problems on a server, constantly having billing problems (credit card denied way too often, checks bouncing, etc), demanding or expecting in a rude fashion more than what our service provides or what we can do ("I want you to install X software for me. Do it now or else", "I want more email accounts for free. I'm the customer and you have to satisfy me. So give me the extra email accounts", etc.). Always be polite. If customer is not polite, WebtheUs reserves the right to no longer provide customer with web hosting service. If WebtheUs decides to stop providing customer service due to any of these reasons, the account will be terminated immediately. Any violation of policies, which results in extra costs will be billed to the customer (i.e. transfer, space, server destruction, server damage, devastative behavior, hacking, phreaking, phroning, etc).
Chargeback and Dispute Policy
WebtheUs does not allow chargebacks to occur to its merchant accounts and contracts with VISA / MC International and American Express Bank Ltd. It is not recommended to initiate a chargeback hence customer agreed to AUP (this document) and Terms&Conditions as outlined in this document and WebtheUs will use this document and customer's agreement at the time of order to wholeheartedly fight a chargeback and / or dispute. If customer supplied a valid reason for refund, WebtheUs will gladly apply a refund ONLY if requirements as specified above are met. Any dispute / chargeback attempts will immediately result in suspension of web hosting account.
Uptime Assurance Coverage & Limitation
WebtheUs Assurances service availability of 99.9% of any 12-month period, the following limitation of coverage applies: Server reboots, scheduled server maintenance's, CPU / Memory / HDD failures, manual server misconfigurations are covered; RAID cluster failures, Registry DNS outages or Registrar DNS failures, Denial of Service attacks, Acts of God, Wars and any third-party failures are NOT covered. Example of this would be if a person(s) create attacks or bad programming /scripting that stops or crashes the hosting machine that your on.
Lawful Purpose
WebtheUs reserves the right to refuse service to anyone. Customers may only use WebtheUs' servers for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets. WebtheUs expressly forbids anyone from using WebtheUs servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, adult OR pornographic material, or any other material which we deem to be objectionable, including, but not limited to, again - pornography, again - adult materials, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of WebtheUs management.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold WebtheUs harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against WebtheUs, 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 WebtheUs against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with WebtheUs' servers; (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 WebtheUs' server.
No Waiver
No Waiver. No modification or waiver of any provision of this Contract, any exhibit or schedule hereto, or any related document, agreement or instrument, and no consent by a party to any departure therefrom by the other party shall be effective unless such modification or waiver shall be in writing and signed by a duly authorized officer or agent of the parties. No act, failure or delay by a party shall constitute a waiver of any of its rights or remedies. No single or partial waiver by a party to any provisions of this Agreement shall operate as a waiver of any other provision, breach, default, right or remedy. No waiver by a party shall affect its rights to require strict performance of this Contract.
Severability
Severability. If any portion of this Contract shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. Furthermore, to the fullest extent possible, the provisions of this Contract (including, without limitation, each portion of this Contract containing any provision held to be invalid, void or otherwise unenforceable, that is not itself invalid, void or unenforceable) shall be construed so as to give effect to the intent manifested by the provision held invalid, void or unenforceable.
Confidentiality
Confidentiality. Both parties agree to keep the terms of this Agreement confidential and shall only release the same to their attorneys, advisors and accountants for business and tax planning purposes and to other parties as otherwise required by law. All parties agree that they shall not disparage the other parties hereto.
Attorney's Fees
Attorney's Fees. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees (including paralegal and other paraprofessional fees), costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
Multiple Counterparts
Multiple Counterparts. This Agreement may be executed in any number of counterparts each of which shall be deemed an original, but all of which shall be deemed one and the same instrument. Electronic and/or facsimile transmission copies of this Agreement shall for all purposes be deemed originals.
Interpretation
Interpretation. Every covenant, term, and provision of this Agreement shall be construed according to its fair meaning and not strictly for or against any party, regardless of which party drafted this Agreement.
Headings
Headings. Any captions or headings preceding the several paragraphs hereof are inserted solely for convenience and for reference and shall not constitute a part of this Agreement, nor shall they effect its meaning, construction, or effect.
Pronouns
Pronouns. Where appropriate herein, the references to the masculine gender shall include the feminine and neuter, the singular shall include the plural and the plural the singular, in each case as the context may require.
Governing Law
Governing Law. This Agreement, the rights and obligations of the parties hereto, and any claims or disputes relating thereto, shall be exclusively governed by and construed in accordance with the laws of the State of Virginia (without regard to any Virginia law which would require the application of the law of any other state or jurisdiction). Venue for any dispute under this Agreement shall exclusively be in the state courts of competent jurisdiction sitting in Alexandria, Virginia.
Binding Effect; Benefit
Binding Effect; Benefit. This Agreement shall inure to the benefit and be legally binding upon the parties hereto, their heirs, personal representatives and assigns, even if it should be judicially declared, at any time for any reason that this Agreement, or any part hereof, is inapplicable to or is invalid as to any or all of the parties. The validity or unenforceability of any provision of this Agreement shall not effect the validity or enforceability of any remaining provisions.
Entire Agreement
Entire Agreement. This contract is the entire understanding and agreement of the parties and shall not be changed orally; however, this Agreement may be modified, amended, or terminated by the mutual written agreement of the parties. The contract and AUP shall constitute the entire agreement between the parties hereto with respect to the purchase of web hosting services, and shall supercede all prior agreements, understandings, warranties, representations and negotiations of any party herein, whether written or oral, concerning the subject matter hereof.
Disclaimer
WebtheUs will not be responsible for any damages your business may suffer. WebtheUs makes no warranties of any kind, expressed or implied for services we provide. WebtheUs disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by WebtheUs and its employees. WebtheUs reserves the right to revise its policies at any time without prior notification.
All Sub-Networks, resellers, clients, customers and dedicated servers of WebtheUs must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate account deactivation.
