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This Agreement sets forth
the terms and conditions of your use of WebNetHosting.Net Inc. for
web hosting services. You must read and agree to be bound of all
terms and conditions of this agreement. By posting 30 days in advance
at web page http://www.webnethosting.net WebNet Hosting is entitled to modify the terms and conditions of
this Agreement and or the prices of it’s services offered,
as well as discontinue or change the service offered.
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 the 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 lawbreakers and reserves the right to report 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 under
DMCA and is immune from liability under the DMCA. WebNet Hosting
will accommodate standard procedures used to identify and protect
copyrighted works.
Websites being hosted by WebNet Hosting located
on WebNet Hosting servers nor the links to other websites are
monitored, or screened for approval, or endorsed by WebNet Hosting.
WebNet Hosting is not responsible for any content websites hosted
by our servers.
You agree that WebNet Hosting is not responsible for any loss
of data due to any server issues, network issues, or any other
network or server 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.
Use of WebNet Hosting LLC 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 for
the web site functionality due to server issues, downtime, or
any other related issues that could lead to the clients web site
being dis-functional or non operational. The client is responsible
for locating errors on the web site and notifying an outside party
or WebNet Hosting per assistance to fix any issues on the web
site relating to coding, PHP, MySQL, Miva Merchant errors, SSL
errors, ecommerce errors, email related issues. WebNet Hosting
will help to the best of its abilities to fix these issues. If
the issue resumes the client is responsible for any further support
hired by any outside 3rd party to resolve the issue, WebNet Hosting
LLC will not reimburse or credit any fees incurred by a 3rd party
contractor to fix issues, or any damages or losses incurred by
any issue related on the web site 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, miscommunications,
loss of design of a web site, loss of marketing or advertising
programs, deleted accounts, unauthorized access to WebNet Hosting
LLC.
WebNet Hosting LLC will assume and acquire other hosting
firms and accounts. If your account has been assumed by WebNet
Hosting thru an acquisition or a purchase, in no way is WebNet
Hosting liable for any contracts, obligations, agreements that
was agreed upon with the prior company. Once the acquisition is
announced to the client by the initial email or phone call letting
client know that the account has been acquired all the terms and
conditions and terms of service posted on this page are now in
effect to the acquired client. 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 in anyway you do not agree to the terms and conditions listed
on this page you may cancel your account with us by requesting
cancellation by emailing support@webnethosting.net. The client
is responsible for downloading there own files, databases and
emails as 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 clients domain name or domain names
previously setup by the previous web host now acquired by WebNet
Hosting. 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 assetts.
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 for WebNet Hosting LLC, beginning on 12/26/2008,
all terms previously negotiated or agreed up with Origin3 are
no longer valid after this date. Any disrepencies with Origin3
or any other company WebNet Hosting has acquired or just acquired
assetts will need to be directed directly to the company originally
hosting the domain name or web site.
Payment Policies, Cancellation Policies
Full payment of amount specified is required before any
hosting service is rendered, which includes 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.
The customer is eligible to cancel a non-contract
web hosting service at anytime. WebNet Hosting offers a 1-year contract
agreement, and a 2-year contract agreement, which the user is bound
to a 12-month or 24 month contract period with no cancellation policy.
All payments must be made in full for all 12-month and 24-month
contracts. Once the payment is received for a full 12 month or 24
month period, the refund is no longer valid after 30 days.
The OpenUI Look and Feel module is included with our E-Customized
and E-Ultimate eCommerce packages. There is an initial $50 deposit
for OpenUI which is taken from your credit card and then refunded
back to your card within 6 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, till
the payment is furnished.
All cancellations must be received with a 30 day notice.
30 Day Money Back Guarantee
We are sure you will enjoy your service with WebNet Hosting that
is why we include a 30-day money back guarantee with all our hosting
packages. If you are dissatisfied with your service for any reason,
you will receive a full-refund within the first 30 days of your
account activation (minus setup fees.) 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 prior to 30 days of the account
activation.
Indemnification Policy:
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, or 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 hold WebNet
Hosting responsible for any claims relating to any action stated
above. Customer agrees to defend 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.
Cancellation Policy:
You may cancel your WebNet Hosting services at anytime.
If your account is on a month-to-month basis with WebNet Hosting,
you may wish to cancel this service at anytime, by stating a written
letter, or an email before the end of billing period. If your account
is paid up front, in no means is this amount refundable, unless
cancellation is requested 30 days of account activation. Some WebNet
Hosting packages include a set up fee, even within the first 30
day period, set up fees are 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 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.
Transferring of 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.
The client is only allowed a full credit excluding setup fees
if the account is cancelled prior to the 30th day of service,
with a cancellation email to webnethosting.net only. If the service
is over 30 days, the client is not eligable for a refund. In any
case if the client has pointed the Name Servers to another host,
a refund for unused days of service is not applicable. Only time
when client is fully cancelled from our services is when a formail
email or written notice is received requesting cancellation.
Account Changes:
Account maintenance issues can be handled by your high
tech state of the art Control Panel.
Account Ownership:
WebNet Hosting is only responsible to present owner with
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 and in
no means is this information available to anyone except account
holder.
Miva Merchant Services and Hosting:
The client is responsible for maintaining there storefront and
retreiving orders and making sure that the complete 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. Any
support related to the actual Miva Merchant shopping cart we will
help support and troubleshoot but we are not responsible for the
fix or cure. If any 3rd 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 bugs, fixes or troubleshooting
of these softwares, they will have to be directed directly to
the module vendor.
Privacy Statement
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 information,
billing information other than for the purpose for which it was
submitted without your consent. We use your information to reply
to inquiries, and billing your information to handle billing charges.
No personal information or billing information on file will be
used for creating aggregated databases or unlawful uses.
Email Policy:
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, 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.
Content Policy:
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 not
limited to copyrighted material, trademark, material that advocates
of calls for the commission of crimes or civil harms to any person,
and intellectual property.
WebSite Termination:
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 a right to take down the site immediately
until the issue has been solved by both parties.
Backups:
Full backups are made every night, and backups of new
or modified data are made every ngiht. WebNet Hosting uses state
of the art backup utilities, but the customers is responsible
for keeping a backup of their web content, miva merchant shopping
cart files, and emails, and or any files or applications stored
on WebNet Hosting servers. Backup utilities are included in users
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 for no charge. Backups are
made for server restoration purposes only. WebNet Hosting is not
responsible for loss of data due to negligence of client, WebNet
Hosting will still attempt to recover files and data, but not
guaranteed. We also provide off-site nightly backups, but these
backups are for website files, and miva merchant 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 backuped up once a week and are
restored at a per account basis if requested, but it is the clients
responsibility to backup emails, WebNet Hosting is not responsible
for backups of emails and email accounts.
Its the users right to backup there own web site, if in any case
the web site files are not restorable by backup, WebNet Hosting
has no responsibilities for web site files or content, shopping
carts, or any other information previously hosted on WebNet Hosting
servers.
Upon written or verbal cancellation to WebNetHosting.Net LLC for
a request of cancellation, all files, emails, web site content,
MySQL database, shopping carts and all account information including
credit card information is removed immediately from all servers
of WebNetHosting.Net LLC. We do keep a 14 day retention period
of data on backups, but after 14 days after the cancellation notice
and removal of the account, all data and files and account information
are fully removed from the servers and possession. We are not
liable for any web site data or files once the customer has requested
cancellation of there web hosting account with WebNetHosting.Net
LLC.
Resellers:
Resellers are responsible for providing support to your
clients, WebNet Hosting will provide you 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, before
hand.
Domain Names:
It is the clients 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. If the client has provided there email address to
be listed as the domain names admin 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 with no valid hosting
account or credit card will be expired, 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. If the domain name has
expired due to the client not contacting WebNet Hosting in a written
notice. In any case if a domain name expires, WebNetHosting LLC
is not responsible for any damages or losses due to the web site
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 WebNetHosting LLC,
WebNetHosting LLC holds the full right of owning the domain name
from them forward with no 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 endevour 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 Web site is available for access by third parties via
HTTP and HTTPS, as measured by WebNet Hosting LLC. If your Web
Site 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 Web Site 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, ecommerce 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
- Failure of access circuits to theWebNet Hosting
Network, unless the failure is caused solely by WebNet Hosting
LLC.
- Emergency maintenance, scheduled maintenance,
and system upgrades
- Domain name system (DNS) and domain name
registration problems outside of the control of WebNet Hosting
LLC.
- Issues with FTP, POP, IMAP, or SMTP customer
access
- Customer's acts or omissions (or acts or
omissions of others engaged or authorized by customer), including,
without limitation, custom scripting or coding (ie., PHP, Python,
CGI, Perl, HTML, ASP, etc...), any negligence, willful misconduct,
or use of the Services in breach of WebNet Hosting LLC Acceptable
Use Policy;
- Problems elsewhere on the internet that prohibit
you from viewing your account. E-WebNet Hosting LLC is not responsible
for browser, DNS, or other caching that might make it appear your
site is unavailable even though others can still access your information.
This guarantee covers areas WebNet Hosting LLC controls such as
our servers, routers, and switches.
In order to receive credit send us an email to support@webnethosting.net.
The request must be received by WebNet Hosting LLC within ten
(5) business days after customer's Web Site was not available.
If the unavailability is confirmed by WebNet Hosting LLC, credits
will be applied to the current billing cycles after e-WebNet Hosting
LLC receipt of customer's credit request.
Notwithstanding anything to the contrary herein, the total amount
credited to 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 Web Site Availability of customer's Web site.
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.
Contact Us:
You can contact us at support@webnethosting.net
if you have any questions about this policy.
WebNet Hosting reserves the right to edit the these terms at anytime.
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Terms & Conditions 
Terms & Conditions