This Agreement sets forth the terms and conditions of your use of WebNet Hosting., LLC for web hosting services. You must read and agree to be bound by all terms and conditions of this agreement. By posting 30 days in advance at http://www.webnethosting.net, WebNet Hosting is entitled to modify the terms and conditions of this Agreement and or the prices of its offered services, as well as discontinue or change its offered services. WebNet hosting reserves the right to increase or modify pricing for all products and services without notice at any time.
Services and Your Obligations
WebNet Hosting will provide web hosting services in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing these services, WebNet Hosting maintains full control and ownership of any and all account information and (“IP”) addresses and numbers that may be assigned to you.
WebNet Hosting reserves the right to access any information as permitted by required law, regulation or other governmental request. WebNet Hosting will fully cooperate with law enforcement authorities in the prosecution of lawbreakers and they reserve the right to inform law enforcement authorities of any illegal activity.
You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the “DMCA”) and acknowledge that WebNet Hosting is a service provider and thereby immune from liability under the DMCA. WebNet Hosting will accommodate standard procedures used to identify and protect copyrighted works.
Neither websites themselves that are being hosted on WebNet Hosting’s servers nor the links contained within these sites are being monitored, screened for approval or endorsed by WebNet Hosting. WebNet Hosting is not responsible for any content on any websites hosted on our servers.
Annual Accounts – If any services are paid for under an annual basis, WebNet Hosting reserves the right to change the hosting account to monthly at anytime and begin billing the account under a monthly account starting that month. All annual and semi-annual accounts are applicable to the terms and conditions of Monthly accounts and pricing can be altered within a 30 day notice to begin charging services on a monthly or semi-annual basis. If a client decides to pay for accounts on an annual basis, the account is not held within an annual contract, its simply paid for under an annual basis, all accounts fall into the terms and conditions of monthly accounts and any services or product offerings can be changed at anytime without notice.
WebNet Hosting reserves the right to terminate and cancel any service/product with 30 day notice to client via email.
You agree that WebNet Hosting is not responsible for any loss of data due to any server or network related issues.
WebNet Hosting, LLC is not responsible for any damages to any client’s business. WebNet Hosting, LLC makes no warranties or guarantees of any kind, expressed or implied for services that we provide and is not responsible for circumstances beyond our control. Use of WebNet Hosting, LLC’s web hosting and email service is at the client’s sole risk. WebNet Hosting, LLC services are provided on an “as is, as available” basis.
WebNet Hosting, LLC will not pay or reimburse for any damages regarding website functionality due to server issues, downtime, or any other related issues that could lead to a client’s web site being dysfunctional or non-operational. The client is responsible for locating errors on the website and notifying an outside party or WebNet Hosting for assistance with fixing any issues on the website relating to coding, PHP, MySQL, Miva Merchant errors, SSL errors, e-commerce errors and/or email related issues. WebNet Hosting will help to the best of its abilities to fix these issues. If the issue continues then the client is responsible for any further support provided by any outside third party to resolve the issue, WebNet Hosting, LLC will not reimburse or credit any fees incurred by a third party contractor to fix issues, or any damages or losses incurred by any issue related on the website or downtime.
WebNet Hosting, LLC does not guarantee that our services will be uninterrupted or error free. WebNet Hosting, LLC will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.
In no circumstance will WebNet Hosting, LLC be liable for any claims resulting from the use or inability to use WebNet Hosting, LLC services including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunication, loss of design of a web site, loss of marketing or advertising programs, deleted accounts, unauthorized access to WebNet Hosting, LLC. WebNet Hosting, LLC reserves the right to report to law enforcement authorities any illegal activity.
WebNet Hosting LLC will assume and acquire other hosting firms and accounts. If your account has been assumed by WebNet Hosting through an acquisition or a purchase, in no way is WebNet Hosting liable for any contracts, obligations or agreements made with the prior company. Once the acquisition is announced to the client by the initial email or phone call letting them know that the account has been acquired then all the terms and conditions and terms of service posted on this page are now in effect to the acquired client. The client will need to contact the previous company for any contractual agreements or obligations that was promised by previous company prior to the acquisition. If you do not agree to the terms and conditions listed on this page you may cancel your account with us by emailing firstname.lastname@example.org. The client is responsible for downloading their own files, databases and emails and once the cancellation is requested all files for the domain name are removed and domain name renewals are no longer renewed. WebNet Hosting is also not responsible for the domain registration or renewal of the client’s domain name or domain names previously setup by the previous web host now acquired by WebNet Hosting. The client is responsible for making sure the domain name is properly renewed with the registrar that was used by the previous web host company. If there are any disagreements with rates, renewals, domain name registration ownership they will need to be handled directly with the previous web host that WebNet Hosting LLC acquired as WebNet Hosting is not liable to any previous contractual agreements or terms prior to the acquired web hosting firm.
On 12/26/2007 WebNet Hosting LLC acquired web hosting assets from Origin3, a Salt Lake City Company. All previous agreements, terms and contracts with Origin3 are no longer valid with WebNet Hosting LLC. Beginning on 12/26/2007, all terms previously negotiated or agreed upon with Origin3 are no longer valid after this date. Any discrepancies with Origin3 or any other company WebNet Hosting has acquired will need to be directed directly to the company originally hosting the domain name or web site.
WebNet Hosting reserves the right to modify or change any IP address associated with any hosting account at any time without notice.
With the cPanel/WHM Control Panel purchased with the VPS Hosting, Cloud Servers or Dedicated Servers, WebNet Hosting will provide a basic level of management services also called “Fully Managed” for these servers. The services covered under “Fully Managed” are as follows:
- With cPanel/WHM automatic OS updates and system patches are applied to the server via the WHM/cPanel system
- 1 OS Reload is provided per server per month, anything additional is a fixed fee quoted per server and can vary for each customer or OS reload depending on the configuration
- Red5, Wowza, FFmpeg, PHP, are installed on each server during the initial order, custom installations and configurations are not setup and supported by WebNet Hosting. We will assist you in modifying versions and helping make changes, but this is not something we support, anything custom is up to the customer to support and change.
- We do not configure Red5, Wowza or FFmpeg based on the customers requirements, we simply do a basic install for each customer.
- We do not modify versions of Red5, Wowza and FFmpeg for customers, the most recent version is installed on each server per order, any further configuration is not supported by WebNet Hosting there after.3
- WebNet Hosting does not help with custom installations, different version of FFmpeg, Red5 & Wowza. We are more than happy to assist customers in OS Reloads and different version setups of softwares on servers, but this is out of our real of support and is not something supported by our managed services.
- We do not guarantee a time for Red5, Wowza, FFmpeg, or custom work done on any servers, the turn around time for version changes, OS Reloads, and other custom configurations and managed services varies per customer, we do not guarantee a 24 hour turn around time or sooner for any managed services.
- Managed Services for Media Servers and other 3rd party softwares that require system admin expertise are provided during peak hours of 9am-6pm EDT, delayed responses can be expected during off peak hours for system admin required tasks and expertise. Al though 24/7 support is provided, system admin administration and expertise is mainly provided during 9-6pm EDT.
- With FFmpeg, we provide a basic installation with each server with a standard FFMpeg install. Any custom specific libraries or versions there after are custom work and are not supported by WebNet Hosting. We will attempt to install these libraries but they are out of the range of support by our services and are not supported or guaranteed in anyway.
- On all Dedicated Servers we provide a 1 hour SLA HardWare replacement, which means within 1 hour we will replace all defective hardware and replace it with new parts and bring your server back online.
Payment Policies, Cancellation Policies
Full payment of amount specified is required before any hosting service is rendered, including renewals. All payment requested would be sent via electronic email (“e-mail”). Pre-paid accounts are due at the time of the accounts anniversary, the customer will again be notified by email of payment due date.
Monthly Clients – Monthly clients will be able to cancel there accounts at anytime, but will not receive any type of refund for the days used or unused for the account. Once a client also requests cancellation by email or written notice, the account will be canceled right away, and no further services are provided.
WebNet Hosting is not responsible for any fees incurred by any other party including third party agencies, PCI Compliance vendors or security checks by PCI Compliance vendors that cause the client to incur a fee or fine for not being compliant. WebNet Hosting will provide PCI Compliance on certain packages located on our web site, but will not guarantee compliance and will not in anyway be responsible for fees incurred for not being PCI Compliant if a client’s site does not pass the scans. WebNet Hosting will also not provide any type of refund if a client receives any type of bank fees caused by WebNet Hosting running a charge on a bank account or credit card for hosting services. Cient is responsible for making sure money is deposited in the account prior to the hosting date that charges will be deducted from the client’s credit card.
The OpenUI Look and Feel module is included with our E-Customized and E-Ultimate E-Commerce packages. There is an initial $50 deposit for OpenUI which is taken from your credit card and then refunded back to your card within six months if you continue your service with WebNet Hosting.
For all monthly accounts, after 30 days of account activation, no refunds will be given to any payments made to the account. We do not pro-rate monthly rates after 30 days of account activation.
Domain registration and setup fees are nonrefundable. The account holder is responsible for all money owed on the account from the time it was established to the time that the customer notifies WebNet Hosting of cancellation. Additional features can be added to your account at anytime. The customer may also upgrade their account at anytime without any penalties. If your web site has an overdue or unpaid balance, WebNet Hosting will temporarily suspend your account, until the payment is furnished.
All cancellations must be received with a 30 day notice.
30 Day Money Back Guarantee
A 30 day money back guarantee is provided only for shared hosting accounts, accounts that have a value of less than $20/month. A 30 day money back gaurantee is not provided for VPS Hosting, Cloud VPS Hosting, Dedicated Servers, Wowza Packages, Red5, SHOUTCast accounts over $20/month. It is also not possible to refund a Miva license issued with our E-Commerce packages. This money back guarantee is not available after 30 days of the account activation. All cancellations must be received by either email, postage, or by a support ticket within the first 30 days of activation of service.
You agree to use all WebNet Hosting services at your own risk. WebNet Hosting disclaims all warranties of merchantability and fitness for a particular purpose. WebNet Hosting is not liable for any loss, loss of data or commercial damage, including but not limited to special, incidental, consequential or other damages. By accepting this Agreement, you agree to waive and not hold WebNet Hosting responsible for any claims relating to any action stated above. Customer agrees to defend and hold harmless WebNet Hosting from any and all demands, liabilities, losses, costs, claims, including attorney fees asserted against WebNet Hosting, it’s employees, agents, customers, officers, that may arise.
The customer agrees that WebNet Hosting, Inc. is not to be liable for any costs, fees, penalties or monetary court judgements which exceed the amount the customer has paid WebNet Hosting, Inc. for services (not to include licensing fees) and that this Agreement and the rights and obligations of the parties under this Agreement shall be governed, construed, interpreted and enforced in accordance with the domestic laws of the State of Maryland, regardless of any choice of law or conflict of law provision or rule of any other jurisdiction. The rights and obligations of the parties under this Agreement shall be heard only in a state court in Maryland or in a federal district court having jurisdiction over WebNet Hosting, Inc. in Maryland. The parties irrevocably consent to the jurisdiction of the state of Maryland.
You may cancel your WebNet Hosting services at any time. If your account is on a month-to-month basis with WebNet Hosting, you may wish to cancel this service at anyt ime, by stating in a written letter or an email before the end of the billing period. If your account is paid upfront, all fees for service are considered non-refundable unless cancellation is requested within 30 days of account activation. Licensing and setup fees are always non-refundable.
WebNet Hosting charges a $25.00 fee for returned checks and a $25 fee for charge backs. For international customers if you are using WebNet Hosting services, the amount must be drawn in US dollars.
If a client has a balance due at the time of cancellation, this balance must be paid in full. All overdue balances and or financial obligations must be paid in full before the cancellation is considered complete.
The act of transferring your domain to another hosting or service provider does not constitute of canceling your account. WebNet Hosting must be contacted formally to avoid further charges.
Account maintenance issues can be handled by your high tech state of the art Control Panel.
WebNet Hosting is only responsible to the current owner for web hosting services. We verify ownership by credit card number, address, and other information stated in your account. If this information is given to someone else by the account holder and/or owner, the account holder is responsible for any abuse. WebNet Hosting keeps all information private and confidential.
ECommerce Hosting & Miva Merchant Services
The client is responsible for maintaining their storefront and retrieving orders and making sure that the Miva Merchant storefront, no matter what version, is fully operational. WebNet Hosting will assist in solving issues related to basic hosting troubleshooting and Miva Merchant issues related to hosting. We will help support and troubleshoot issues with the Miva Merchant shopping cart but we are not completely responsible. If any third party modules are installed, in no way is WebNetHosting responsible for any fixes or updates to these patches or modules. We will not support any fixing of bugs or troubleshooting of these softwares – they will have to be directed to the module vendor. Beginning August 1, 2011, all Miva Merchant hosting accounts are applicable to a Miva Merchant license cost paid Monthly. Even if the client is paying on an annual basis the Miva Merchant license cost will be paid monthly. The minimum hosting rate for all Miva Merchant hosting accounts is $59.95/month per store. If a client has 3 or more stores the total Miva Merchant hosting cost will be $49.95/month. If the client is paying annually, the Miva Merchant license cost will be added as an additional service to the hosting account. If the Miva Merchant license fee is not paid for and is 7 days past due, the license will be de-activated, and can be re-activated once the license fee is paid for again. The Miva Merchant files will be kept active if the hosting account is kept active for up to 30 days.
Video Streaming Services Including Live & VoD
WebNet Hosting provides various streaming services including Live, Linear, Video on Demand, Digital Delivery, CDN (Content Delivery Network), IPTV Solutions, Roku Development, Video Streaming platform and much more. Customer agrees while using any services with WebNet Hosting including all video streaming services and web casting services to comply with all international, federal and state laws. In addition, customer agrees to comply with governing law as it relates to content and the practice of the content distribution thereof. WebNet Hosting reserves the right to remove objectionable content on CUSTOMERS work product and service or any WebNet servers at anytime if any cease and disease complaints are received for use of content and video that the CUSTOMER does NOT own rights of. Customer shall not distribute child pornography, viruses, worms, obscenity or defamatory material over the Internet, or infringement copyright, trademarks, or other intellectual property rights. Customer agrees to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the services provided. WebNet hosting takes no responsibility for content uploaded to our servers and services that Customer does not own and have rights too, upon receiving of copy right infringement material and cease and desist information and format complaints by content owners of such content being distributed on WebNet Hosting services, WebNet Hosting holds the right to immediately shut down all services provided to customer without any prior notice till the issue is fully resolved. WebNet Hosting will not be responsible for any damages to customers service, monetization or any damages caused by WebNet Hosting shutting down copyrighted content and video at anytime, and WebNet Hosting holds no responsibility of damages to the content owners service and content.
WebNet Hosting collects the following types of personal information: names, billing information, postal and e-mail addresses, phone and facsimile numbers and support tickets.
WebNet Hosting will not use your personal or billing information other than for the purpose for which it was submitted without your consent. We use your information to reply to inquiries and to handle billing charges. No personal information or billing information on file will be used for creating aggregated databases or unlawful uses.
WebSite Updates & CMS Systems
It is the customers duty to consistently update plug-ins as well as modules and keep all software & applications including CMS systems such as Drupal, Joomla, WordPress, and other major CMS systems or proprietary CMS systems updated at all times. Many times out dated modules and out dated CMS systems will be hacked by hackers and malicious users because of the vulnerability that exists within these out dated CMS systems. WebNet Hosting is NOT responsible for updating any modules or end users CMS systems without the users permission in writing and a fee to update these modules and applications, its the users responsibility to update these applications. WebNet Hosting charges a fee for hacked websites and cleaning of malicious files on websites, we will not be responsibility for any loss of data, files, business or any type of damages due to the customers lack of updating modules & CMS applications. This also includes weak control panel and FTP passwords, its the customers duty to set a strong password for their account. If the account is hacked this is the customers duty to update the password and remove malicious content.
In no means does WebNet Hosting support mass emails, group emails, email bombs, hate email or spam. Client is responsible for keeping email storage under control.
WebNet Hosting is responsible for an anti-spamming policy. Under this policy we prohibit spam or any unsolicited commercial email, from being sent either, over the WebNet Hosting network or by customers or any other users of WebNet Hosting including customer’s customers. WebNet Hosting has the right to cancel hosting services to any client not following these policies.
All services provided by WebNet Hosting may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States Federal, State, or City law is prohibited. This includes, but is not limited to copyrighted or trademarking material, material that advocates calls for the commission of crimes or civil harms to any person and intellectual property.
If in any reason a web site receives a complaint about copy right, Cease and Desist, or any legal notice for a website to be taken offline, WebNet Hosting has the right to take down the site immediately until the issue has been solved by both parties.
Full backups are made every night as well as backups of new or modified data but its the customers sole and full responsibility to make backups of there complete website, including Ecommerce sites, web hosting, or any other service or site hosted on WebNet Hosting servers. WebNet Hosting uses state-of-the-art backup utilities, but the customer is responsible for keeping a backup of their web content, ECommerce shopping cart files, emails, and/or any files or applications stored on WebNet Hosting’s servers. Backup utilities are included in the user’s control panel or by using any FTP software with your FTP account. If loss of data has occurred due to an error of WebNet Hosting, we will attempt to recover the data without charge. WebNet Hosting keeps a copy of backups for 30 days, anything after that we cannot guarantee a restore. If the customer makes an error, or a website is hacked, or a simple error has occurred on the website it is not WebNet Hosting responsibility to restore backups. Backups are made for server restoration purposes only. WebNet Hosting is not responsible for loss of data due to the negligence of client. In such cases, WebNet Hosting will still attempt to recover files and data but it is not guaranteed. We also provide off-site nightly backups, but these backups are for website files and ecommerce files only. We do not backup emails and will not restore email accounts. Client is responsible for keeping and restoring email accounts and emails. Email accounts and emails are backed up once a week and are restored at a per account basis if requested.
Its the user’s right to backup their own website. If, in any case, the website files are not restorable by backup, WebNet Hosting takes no responsibility for website files or content, shopping carts, or any other information previously hosted on WebNet Hosting servers.
Upon written or verbal cancellation to WebNetHosting.Net LLC, all files, emails, website content, MySQL database, shopping carts and all account information including credit card information is removed immediately from all servers belonging to WebNet Hosting. We do keep a 14 day retention period of data on backups. After 14 days from notice of cancellation, all data, files and account information are fully removed from the servers and the possession of WebNet Hosting.
Resellers are responsible for providing support to their clients. WebNet Hosting will provide resellers with high priority support.
Your customers have to abide by the same terms and conditions as you do, or we have the right to cancel any of your reseller accounts. This will not be done until discussed with you beforehand.
It is the client’s responsibility to renew the domain name and contact WebNet Hosting to do so if the domain name was registered by WebNet Hosting LLC. Notices will be sent 14-30 days prior to expiration to the email address tlisted as the domain name’s administrative contact. If the domain name is in WebNet Hosting’s name, the domain name will only be renewed automatically if a client has a valid credit card on file with an active hosting account. All other domains without a valid hosting account or credit card will expire and can be renewed only within a 14 day grace period after expiration. If the domain is in redemption the client will have to pay a fee of $75-$150 to gain the domain back from the registrar. In any case, if a domain name expires, WebNetHosting LLC is not responsible for any damages or losses due to the website not being present on the web. There is a charge of $20-$25 a year price for domain name renewals. If the client fails to pay for a domain name that has already been renewed by WebNet Hosting, WebNet Hosting holds the full right of ownership without exceptions.
Service Level Agreement and Uptime Guarantee
We strive to provide great uptime. We offer the following SLA (Service Level Agreement).
WebNet Hosting LLC will endeavor to provide worldclass web site uptime. “Web Site Uptime” is the percentage of time per month (based on a 30 day month, 43200 minutes) that the content of your website is available for access by third parties via HTTP and HTTPS, as measured by WebNet Hosting LLC. If your website Uptime is less than 100%, WebNet Hosting , LLC will issue a credit to your account in accordance with the following schedule. (Credits will be calculated on the basis of the monthly service charge paid for the affected services):
|Web Site Uptime||Credit Percentage|
|99.9% to 100%||0%|
|98% to 99.8%||10%|
|95% to 97.9%||25%|
|90% to 94.9%||50%|
|89.9% or below||100%|
|Web Site Downtime (in minutes)||Credit Percentage|
|less than 42.2 mins||0%|
|42.3 – 864 mins||10%|
|865 – 2160 mins||25%|
|2161 – 4320 mins||50%|
|Greater than 4320 mins (72 hrs)||100%|
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of website availability caused by or associated with:
Circumstances beyond WebNet Hostnig LLC control including war, strike or other labor disturbance, unavailability/interruption/delay in telecommunications, virus attacks and/or hackers, third party software failure (free scripts, e-commerce software, merchant gateways), fire, flood, tornado, earthquakes, acts by any governing body, embargo, boycott, or inability to obtain supplies, raw materials, or power used in or equipment needed for provision of this Service Level Agreement including:
Notwithstanding anything to the contrary herein, the total amount credited to the customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by WebNet Hosting, LLC and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the website. The SLA applies to all clients that host with WebNet Hosting LLC and are current (i.e., not past due) for all accounts and services provided by WebNet Hosting, LLC.
As you browse WebNet Hosting, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner, AdRoll, then enables us to present you with retargeting advertising on other sites based on your previous interaction with [company website]. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number. You can visit this page to opt out of AdRoll and their partners’ targeted advertising.
You can contact us at email@example.com if you have any questions about this policy.
WebNet Hosting reserves the right to edit the these terms at anytime.