WEBHOSTS MANAGER

SERVICE AGREEMENT

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.

Web Site Content Management
Web site construction and management is the responsibility of the Member. WebHosts Manager is not responsible for web site management or files lost or damaged by users or system failures. Customers who have not purchased the Weekly Backup upgrade must keep a backup copy of all their files on a machine outside of the WebHosts Manager network and may be required to reload these files in the event of system failure.

Policy Violation
If an account is used unlawfully or is in violation of the user policy, WebHosts Manager reserves the right to limit or terminate the account without notice and without refunds. Files that violate the user policy are subject to limitation or deletion without notice. Customers violating the User Policy will be held responsible for damages to WebHosts Manager, including but not limited to, WebHosts Manager systems, servers, connectivity, reputation, business, service, network, operations, or equipment. Determining what constitutes a policy violation is the sole discretion of WebHosts Manager, and includes, but is not limited to, the following:

  • 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 Member 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 support 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.

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 cancelled by the Member beforehand. Auto-Renewal is not optional at WebHosts Manager - to cancel Auto-Renewal, you must cancel your account.

One month prior to the Account Expiry Date, WebHosts Manager 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 cancelled. If the account expires and payment is not received during our "grace" period, the account will be 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
Cancellation of Service requires a minimum of 1 month's notice. To prevent continued Auto-Renewal in future years, Customers who no longer need their accounts or have the relevant domain name must give notice immediately by submitting the form at:
http://www.webhosts-manager.com/cancel.shtml.

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 cancel service of 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 a cancelled web site may be deleted at any time subsequent to account termination. Web site files for cancelled 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 service fee.

Refund
Hosting and Upgrade Fees are non-refundable.

Account Reactivation
Cancelled accounts cannot be reactivated. If an account was cancelled by request or due to delinquent payment, the Member can set up a new account by placing a new order. A new account will not be accepted where the original account was cancelled due to a policy violation.

Changes on Accounts
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 MEMBER'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 member errors or problems with their Internet connectivity, from the Member'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 Member 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.

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