By applying for a web hosting
account with WebHosts Manager, you agree to the terms and conditions set
forth below.
Please note that while these
are the current terms and conditions, WebHosts Manager reserves the right
to revise our policies at any time. Additionally, WebHosts Manager
reserves the right to discontinue service for any account that we
determine is being used inappropriately or unlawfully and reserves the
right to refuse service at our discretion.
- Spam
Sending unsolicited commercial email ("spam"), cross-posting
messages to a large number of usenet groups, posting obscene or
threatening messages while using or referring to an WebHosts Manager email
address or web site URL is prohibited. The use of WebHosts Manager servers
as a mail drop for responses to activities described above is also
prohibited. Accounts cancelled due to spam will be billed a service fee of
US.
- System Abuse
WebHosts Manager offers services under a "Fair Use Policy" which is designed to ensure that our Customers have equal access to our
resources in an efficient, stable and reliable environment. System Abuse includes, but is not limited to, excessive use of CPU and system resources
by java applications, IRC bots etc. WebHosts Manager will determine what constitutes system abuse.
- Unlawful Use
WebHosts Manager services may only be used for lawful purposes.
Transmission, distribution or storage of any information, data or
material in violation of federal, state or common law is prohibited.
This includes, but is not limited to, material protected by
copyright, trademark, trade secret or any other statute.
- Software/Multimedia Distribution
Accounts cannot be used to distribute "pirated" versions of
copyrighted software ("warez"), serial numbers for copyrighted
software or copyrighted multimedia files (i.e. music files or MP3's).
Sites that contain links to pirated software or other illegal activities
are also prohibited.
- File/Image Libraries
Accounts with large numbers of files or images specifically designed for downloading rather than being viewed in a
browser and/or accounts with little or no content other than
download links or images.
- Banner or Traffic Exchanges
Accounts with excessive traffic due to banner or traffic exchange activities.
- Adult Content
Sites containing adult material, links to adult material, or
adult-oriented merchandise are not permitted. The final determination of
what constitutes "adult content" is made by WebHosts Manager.
- Remote Loading
Loading of images stored in a WebHosts Manager account (without the
necessary upgrade) by other
servers outside WebHosts Manager.
- Security Violation
Attempts to manipulate WebHosts Manager servers or Customer web sites are
prohibited. This includes, but is not limited to, attempting to gain
unauthorized access to WebHosts Manager servers, mail bombing, or other
means of deliberately overloading systems.
- Staff Abuse
The sending of rude, abusive or threatening messages to our Customer
Service staff may result in immediate suspension of all
services. WebHosts Manager will determine what constitutes
staff abuse.
Payment
Hosting fees are payable by Paypal or credit card before service is activated.
Customers paying with Paypal are billed in US dollars however credit card payments are billed the equivalent amount in Australian dollars.
Prices stated in other currencies are intended only as a guide. Due to
currency fluctuations, equivalent prices in other currencies may vary
without notice.
Renewal - Payment by Paypal
Hosting renewal fees are automatically billed each year by Paypal unless cancelled by the Customer at Paypal.
Renewal - Payment by Credit Card
Hosting renewal fees are automatically billed each year by our Auto-Renewal Service.
We will continue to bill each account without fail on a yearly basis unless Auto-Renewal is cancelled
by the Customer beforehand.
One month prior to the Account Expiry Date, our Auto-Renewal service will charge the credit card we hold on file for each
account. If the credit card is charged successfully, an email Invoice will be sent to the billing contact confirming payment. If the credit card is
declined, an email Renewal Notice will be
sent to the billing contact requesting payment. We will try to process the card 3 times before an account is deleted. Customers should click
here if they need to update the card held on file for their account.
Cancellation Procedure - Payment by Paypal
We are unable to cancel Paypal Subscriptions so customers who have paid by this method will need to cancel at Paypal.
Cancelling a Paypal Subscription will also cancel the relevant WebHosts Manager account immediately.
Cancellation Procedure - Payment by Credit Card
Customers may cancel Auto-Renewal for their account(s) by submitting the form at:
http://www.webhosts-manager.com/cancel.shtml
After Auto-Renewal is cancelled, the account will go into "Pending Delete" status but will remain fully operational until it expires, when it
will be deleted automatically. You can reverse Auto-renewal cancellation at any time until the account is deleted on expiry.
Customers who no longer need their accounts should also cancel Auto-Renewal immediately by submitting the above form.
For security reasons, cancellation requests cannot be accepted by email and submission of the
above form is the only cancellation method that will be accepted under any circumstances,
otherwise renewal and billing will continue each year automatically.
Cancellation requests must be received more than 1 month prior to the Account Expiry Date to prevent Auto-Renewal. Once our Auto-Renewal Service
renews an account, renewal fees are NOT REFUNDABLE because we will have already paid our upstream provider for the next year of service.
Other Cancellation Terms
WebHosts Manager reserves the right to terminate an account at any
time without notice and without a refund, in the event that:
1) The account violates our posted policy.
2) Payment for any web service is not received when due.
The contents of an account may be deleted at any time after account termination. Web site files for terminated accounts are removed
from the server immediately and are NOT usually retrievable.
An account terminated due to policy violation involving
unsolicited bulk email (spam), will be charged a US$100 service fee.
Refund
Hosting, Upgrade and Renewal Fees are non-refundable.
Account Reactivation
Accounts in "Pending Delete" status due to Auto-Renewal cancellation or declined payments can be reactivated
here by submitting a Billing Update. No charges will be billed until the account is next due for
Auto-Renewal and the original renewal date will not be changed.
Deleted accounts cannot be reactivated. If an account was deleted due to expiry or delinquent payment,
the Customer can set up a new account by placing a new order. A new account will not
be accepted where the original account was deleted due to a policy violation.
Additional Requirements
WebHosts Manager is unable to provide telephone support because we are a discount service. Our sole contact with Customers
is by email, therefore Customers shall keep their email address up to date in our system at all times.
Customers shall notify WebHosts Manager of any change in credit card information and/or billing
information whenever such change occurs.
We have many different types of accounts each with different features and disk space allocations. These accounts are on different pricing structures
with our upstream provider and on different servers so we regret that they are not transferable, however they can be upgraded in our
Upgrade Center.
Indemnification/Disclaimer
Information in the WebHosts Manager web site may contain technical
inaccuracies or typographical errors. Changes to the WebHosts Manager web
site may be made periodically. Every good faith effort will be made to
keep the web site content accurate and up to date. WebHosts Manager
reserves the right to make improvements and/or change our web site at any
time without notice.
USE OF THE WEBHOSTS MANAGER HOSTING SERVICE IS AT THE CUSTOMER'S SOLE RISK. WEBHOSTS MANAGER SERVICES ARE
PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. Neither WebHosts Manager,
its employees, affiliates, third party services, merchant licensors or the
like, warrant that WebHosts Manager web hosting service will not be
interrupted or error free. WebHosts Manager will make every good faith
effort to ensure that its web servers are available to as many Internet
users as possible and that there is minimal interruption of service as
possible.
Under no circumstance will WebHosts Manager,
its partners, its employees, or its affiliates be liable for any claims,
any action either direct, indirect, special, incidental, or consequential,
or any damages either punitive or alleged to have resulted, including loss
of profits, from the use of or inability to use WebHosts Manager service,
from service interruptions, from Customer errors or problems with their
Internet connectivity, from the Customer's equipment or available
technology, from unauthorized access to WebHosts Manager servers, from
communication failure, from bandwidth congestion or interruptions, or from
acts of God.
The Customer also agrees to indemnify and
hold WebHosts Manager harmless against any liabilities arising out of
defective products sold to customers from WebHosts Manager servers,
personal injury or property damage caused by products or services sold or
distributed from WebHosts Manager servers, any material that infringes or
allegedly infringes on the rights of a third party available from WebHosts Manager
servers, and any material that libels or allegedly libels a third party
available from WebHosts Manager servers.