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Web Hosting Terms of Service
The use of services from WyzeWebs.com, [hereafter referred to as we, our, us, hosting provider]
constitutes agreement to these terms.
Definitions:
The following Terms of Service identify the holder of the account, [also refered to as client, subscriber, customer,
your and you].
The terms [we, our, us, hosting provider] identify WyzeWebs.com.
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 @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you,
the primary email address on file will be used for this purpose. It is your responsibility to ensure the email
address on file is current or up to date at all times. Providing false contact information of any kind may
result in the termination of your account.
All services provided by us may only be used for lawful purposes. The laws of the State of Florida, the State of Texas,
the State of Rhode Island, the State of Connecticut, and the United States of America apply.This includes,
but is not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.
The customer agrees to indemnify us and hold us harmless from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited
to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of
any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.
If you believe that your copyright or trademark is being infringed upon, please email webmaster@WyzeWebs.com with the information required. A list of required information may
be found here. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only
sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused
sites/archives/programs, sites promoting illegal activities
We reserve the right to refuse service to anyone. Any material that in our judgement that is obscene or
threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to email from us within 48 hours regarding abuse issues may result in the suspension or
termination of your services.
If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived
to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
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 be as restrictive as possible.
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, at our sole discretion. We also reserves 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 our discretion. All rights reserved.
You agree to supply appropriate payment for the services received from us, in advance of the time period
during which such services are provided. You agree that until and unless you notify us of your desire to
cancel any or all services received, those services will be billed on a recurring basis, and you will provide
timely payment in advance of each billing period.
We reserve the right to change the monthly payment amount and any other charges at anytime.
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.
We reserve the right to cancel the account at any time.
Customers may cancel at any time. We give you an unconditional 30 day money back guarantee on managed shared
hosting. Refund requests after 30 days will be refunded on a prorated basis of any unused time.
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.
Violations of the Terms of Service will waive the refund policy.
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 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.
e) Run any bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
h) Run cron entries with intervals of less than 15 minutes
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.
On dedicated servers and colocation no full refund will be honored the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.
Each of our managed shared server accounts carry a 30 day unconditional money back guarantee.
If you are not completely satisfied with our services within the first 30 days of your service, you will be given
a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and
does not apply to dedicated servers, administrative fees, maintenance fees, install fees for custom software, or
domain name purchases.
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one
month of credit on your account. Approval of the refund is at our discretion, dependant upon justification provided.
Third party monitoring service reports may not be used for justification due to a variety of factors including
the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime
from the operating system of the server which may differ from the uptime reported by individual services.
To request a refund, please contact webmaster@WyzeWebs.com with justification. All requests must be
made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are
covered by a network guarantee in which the refund is prorated for the amount of time the server is down which
is not related to our uptime guarantee.
Support for all clients is provided by us and is initiated by your email request to webmaster@WyzeWebs.com,
or by other means as established by us. All support requests must be made directly to us for security purposes.
We reserve the right to place the client account on hold for violations of this policy.
The client is also responsible for all content stored or transmitted under their account.
We will hold any client responsible for any actions that violate the law or the terms of service.
Shared accounts may not resell web hosting to other people,
We reserve the right to reset the password on a dedicated server if the password on file is not current
so that we may do security audits as required by our datacenter. It is the responsibility of the client to
ensure that there is a valid email address and current root password on file for their dedicated server
to prevent downtime from forced password resets. We reserve the right to audit servers as needed and
to perform administrative actions at the request of our datacenter.
The amount you pay for your hosting plan will never increase from the date of purchase.
We reserve the right to change prices listed on our site, and the right to change the kind and amount of
features and resources given to hosting plans at any time.
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 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 from our server.
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 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 us and our employees.
We will not, under any circumstances, render customer information such as names, addresses and phone numbers,
unto any third party, unless required to appease law enforcement or any other laws of United States .
< More Privacy Details>
We may disclose any subscriber information to law enforcement agencies without further consent or notification
to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
We reserve the right to revise its policies at any time without notice.
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