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 ACCEPTABLE
USE POLICY (AUP) |
| Last Modified - January
01, 2004 |
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All users of Window Web Hosting's (hereafter refered to as
WWH) services, and all customers upon signing up for WWH services,
agree to comply with WWH's Acceptable Use Policy (AUP). The
spirit of the AUP is to ensure customers are using WWH's services
with due regard to the rights of other Internet users and
in conformity with the requirements of WWH's network environment.
The AUP are not exhaustive and WWH reserves the right to add,
delete, or modify any provision of its AUP at any time without
notice, effective upon posting of the modified AUP to our
site. Any complaints about a customer’s violation of
the AUP should be sent to abuse@windowwebhosting.com.
The AUP supersedes any other agreement with WWH, whether written,
oral, by conduct, or otherwise.
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 [I]
Web Hosting and E-commerce Customer Restrictions |
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The following apply
only to WWH’s Web Hosting and E-Commerce customers, and
supplement the terms in sections III and IV that applies to
all WWH customers:
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Server Resources |
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Any web site that uses a high amount of
server resources (such as, but not limited to, CPU time,
memory usage, and network resources) will be given the
option to either pay additional fees (which will depend
on the resources required), reduce the resources used
to an acceptable level, or upgrade its service to a Dedicated
Server plan. WWH will be the sole arbiter of what is considered
to be a high server usage level. Any Web Hosting and E-Commerce
account deemed to be adversely affecting server performance
or network integrity will be shut down without prior notice. |
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Spamming |
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Sending unsolicited bulk and/or commercial
messages over the Internet (known as "spamming")
is prohibited, regardless of whether or not it overloads
a server or disrupts service to WWH’s customers.
The term "spamming" also includes, but is not
limited to, maintaining an open SMTP policy, engaging
in spamming using the service of another ISP or IPP and
referencing in the spam a web site hosted on a WWH server,
and selling or distributing software (on a web site residing
on a WWH server) that facilitates spamming. Violators
will be assessed a fine and will face immediate suspension.
WWH reserves the right to determine, in its sole and absolute
discretion, what constitutes a violation of this provision. |
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CGI Scripts |
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Any scripts that pose a potential security
risk or are deemed to be adversely affecting server performance
or network integrity will be shut down or will be automatically
removed without prior notice. WWH does not permit CGI
script sharing with domains not hosted by WWH. |
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Chat Rooms |
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WWH does not allow Web Hosting and E-Commerce
customers to install their own chat rooms. Chat rooms
tend to require significant system resources and therefore
cannot be permitted as an account option. However, for
a small charge, WWH provides Java chat rooms that meet
most users' needs and run without hindering system performance. |
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Background Running Programs and Cron
Jobs |
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WWH may allow programs to run in the background.
These programs will be considered on an individual basis
and Web Hosting and E-Commerce customers will incur extra
charges based on system resources used and operational
maintenance needed. If you wish to run background programs
please contact WWH support staff at http://support.windowwebhosting.com
so that we can arrange set-up. |
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IRC
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WWH does not allow IRC or IRC bots to be
operated by Web Hosting and E-Commerce customers. |
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[II]
WWH Dedicated Server Customer Restrictions |
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The following Terms of Use apply only to WWH’s Dedicated
Server customers, and supplement the terms in sections III
and IV that apply to all WWH customers:
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Customer Security Responsibilities |
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The customer is solely responsible for
any breaches of security affecting servers under customer
control. If a customer's server is involved in an attack
on another server or system, it will be shut down and
an immediate investigation will be launched to determine
the cause/source of the attack. In such event, the customer
is responsible for the cost to rectify any damage done
to the customer's server and any other requirement affected
by the security breach. |
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IRC |
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WWH allows Dedicated Server customers the
use of IRC inside the WWH network as long as the use of
IRC on a WWH server does not violate any of the other
terms of these AUP. As a policy, WWH will not provide
vanity IRC reverse DNS records. To enforce this policy
WWH does not turn the reverse address of IPs over to the
customer. Authority over this information remains with
WWH.
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Billing for Network Resources |
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The customer understands that the customer
is responsible for paying for any network resources that
are used to connect the customer's server to the Internet.
The customer may request that the customer's server be
disconnected from the Internet, but the customer will
still be responsible for paying for any network resources
used up to the point of suspension or cancellation. |
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[III]
All Window Web Hosting Customers |
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The following Terms
of Use apply to ALL WWH customers: |
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Services |
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WWH’s services include, but are not
limited to:
- any act of preparing, setting up, connecting, maintaining,
terminating, or reconnecting customers’ account
(including all billing data and the space on the particular
Web server that WWH provides to customers);
- any use by customers, or any access provided to customers
by WWH, of computing, telecommunications, software,
information, hardware, and equipment;
- any act, or provision of any service, by WWH to customers,
related to web hosting and domain name registrations
(including server usage and technical support), regardless
of duration and whether paid for or not;
- any provision by WWH to customers, of any space, Internet
connectivity, or electrical power;
- any access or use related to the WWH’s web site,
including the web site itself;
- any other service mentioned in this policy;
- any other service provided by WWH to customers, whether
used or not;
- any other WWH services that are used by customers,
whether offered or provided by WWH to customers.
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Ownership of Web Site |
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The legal owner of customers’ web
sites and accounts with WWH will be the individual or
organization whose name is listed in WWH’s database
as the owner. Customers will fully cooperate with and
abide by any and all of WWH’s security measures and
procedures in the event of any dispute over ownership
of customers’ web sites and accounts with WWH.
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Illegal Use |
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WWH servers may be used for lawful purposes
only. Transmission, storage, or distribution of any information,
data, or material in violation of any applicable law or
regulation, or that may directly facilitate the violation
of any particular law or regulation is prohibited. This
includes, but is not limited to: copyrighted material;
trademarks; trade secrets or other intellectual property
rights used without proper authorization; material that
is obscene, defamatory, constitutes an illegal threat,
or violates export control laws. Additionally, in purchasing
WWH services, all WWH customers certify that they and/or
the organization they represent in procuring services
from WWH are not, nor have been designated, a suspected
terrorist as defined in Executive Order 13224; are not
owned or controlled by a 'suspected terrorist' as defined
in Executive Order 13224; and are not on, are not a member
of, related to, associated with, or controlled by any
organizations on the list contained in the Annex to Executive
Order 13224 and all updates thereto. |
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Spamming |
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Sending unsolicited bulk and/or commercial
messages over the Internet (known as "spamming")
is prohibited, regardless of whether or not it overloads
a server or disrupts service to WWH’s customers.
The term "spamming" also includes, but is not
limited to, maintaining an open SMTP policy, engaging
in spamming using the service of another ISP or IPP and
referencing in the spam a web site hosted on a WWH server,
and selling or distributing software (on a web site residing
on a WWH server) that facilitates spamming. Violators
will be assessed a fine and will face immediate suspension.
WWH reserves the right to determine, in its sole and absolute
discretion, what constitutes a violation of this provision. |
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System and Network Abuse |
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Violations of system or network security
are prohibited and may result in criminal and civil liability.
Examples of system or network security violations include,
without limitation the following: unauthorized access
to or use of data, systems or networks, including any
attempt to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures without express authorization of the owner of
the system or network; interference with service to any
user, host or network including, without limitation, mail
bombing, flooding, deliberate attempts to overload a system
and broadcast attacks; forging of any TCP-IP packet header
or any part of the header information in an email or a
newsgroup posting. |
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Viruses and Other Destructive Activities |
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Use of WWH’s services or equipment
for creating or sending Internet viruses, worms or Trojan
horses, or for pinging, flooding or mail bombing, or engaging
in denial of service attacks is prohibited. It is also
prohibited for any customer to engage in other activity
that is intended to disrupt or interfere with, or that
results in the disruption of or interference with, the
ability of others to effectively use WWH’s services
and equipment (or any connected network, system, service
or equipment) or conduct their business over the Internet. |
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Adult Content |
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Pornography and sex-related merchandising
are prohibited on WWH servers. This includes sites that
may infer sexual content or provide links to adult content
elsewhere. This is also true for sites that promote any
illegal activity or content that may be damaging to our
servers or any other server on the Internet, or provide
links to such sites. |
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Child Pornography |
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The use of WWH’s services to store,
post, display, transmit, advertise or otherwise make available
child pornography is prohibited. WWH is required by law,
and will, notify law enforcement agencies when it becomes
aware of the presence of child pornography on, or being
transmitted through, its services. |
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Privacy |
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WWH is concerned with the privacy of on-line
communications and web sites. In general, the Internet
is neither more nor less secure than other means of communication,
including mail, facsimile, and voice telephone service,
all of which can be intercepted and otherwise compromised.
As a matter of prudence, however, WWH urges its customers
to assume that all of their on-line communications are
insecure. WWH cannot take any responsibility for the security
of information transmitted over WWH's facilities. Additional
details on privacy and WWH’s use of customer information
can be found in WWH’s Privacy Statement. |
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Customer Responsibility |
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Customers are required to use the WWH network
responsibly. This includes respecting the other customers
of WWH. WWH reserves the right to suspend and/or cancel
service with any customer who uses the WWH network in
such a way that adversely affects other WWH customers.
While WWH may monitor its service electronically to determine
that its facilities are operating satisfactorily, as a
general practice, WWH does not monitor its customers'
communications or activities to determine whether they
are in compliance with the AUP. However, when WWH becomes
aware of any violation of the AUP or other user agreements,
WWH may take any action to stop or correct such violation,
including, but not limited to, denying access to WWH’s
services and equipment or to the Internet. In addition,
WWH may take action against a customer or a customer of
such customer because of the activities of such customer.
WWH anticipates that customers who offer Internet services
will cooperate with WWH in any corrective or preventive
action that WWH deems necessary. Failure to cooperate
with such corrective or preventive measures is a violation
of WWH policy and WWH reserves the right to take any such
action even though such action may affect other customers
of the WWH customer. |
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Actions Taken by Window Web Hosting |
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The failure by a customer to meet or follow
any of the AUP is grounds for account deactivation. WWH
will be the sole arbiter as to what constitutes a violation
of the AUP. WWH reserves the right to remove any account
without prior notice and to refuse service to anyone at
any time. When WWH becomes aware of an alleged violation
of its AUP, WWH will initiate an investigation. During
the investigation, WWH may restrict a customer's access
in order to prevent further potentially unauthorized activity.
Depending on the severity of the violation, WWH may, at
its sole discretion, restrict, suspend, or terminate a
customer's web hosting account and/or pursue other civil
remedies. If such violation is a criminal offense, WWH
will notify the appropriate law enforcement authorities
of such violation. An unlisted activity may also be a
violation of the AUP if it is illegal, irresponsible,
or constitutes disruptive use of the Internet. WWH does
not issue credits for outages incurred through service
disablement resulting from AUP violations. Violators of
the policy are responsible, without limitations, for the
cost of labor to rectify any damage done to the operation
of the network and business operations supported by the
network, and to respond to complaints incurred by WWH. |
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Indemnification |
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WWH customers agree to protect, defend,
hold harmless, and indemnify WWH, any third party entity
related to WWH (including, without limitation, third party
vendors), and WWH’s executives, directors, officers,
attorneys, managers, employees, consultants, contractors,
agents, parent companies, subsidiaries, and co-subsidiaries
with the same parent company as WWH, from and against
any and all liabilities, losses, costs, judgments, damages,
claims, or causes of actions, including, without limitation,
any and all legal fees and expenses, arising out of or
resulting in any from the customer’s use of WWH’s
services. |
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Disclaimer |
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The WWH service is provided on an as is,
as available basis without warranties of any kind, either
express or implied, including, but not limited to, warranties
of merchantability, fitness for a particular purpose or
non-infringement. WWH expressly disclaims any representation
or warranty that the WWH service will be error-free, secure
or uninterrupted. No oral advice or written information
given by WWH, its employees, licensors or the like, will
create a warranty; nor may you rely on any such information
or advice. WWH and its partners and suppliers will not
be liable for any cost or damage arising either directly
or indirectly from any transaction or use of the service. |
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Termination for Bankruptcy or Insolvency |
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If a customer becomes insolvent or any
bankruptcy petition is filed by the customer, or any third
party against the customer, WWH may immediately terminate
provision of WWH’s services to the customer without
prior notice or penalty. Such customer consents to the
grant of relief from any automatic stay of proceedings
against WWH in such event. |
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LIMITATION OF LIABILITY |
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY,
WILL WWH (INCLUDING, WITHOUT LIMITATION, WWH’S EXECUTIVES,
DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS,
CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES
WITH THE SAME PARENT COMPANY AS WWH, AFFILIATES, THIRD-PARTY
PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE
ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING
WWH’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN
NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE,
EXPENSE INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR
WWH SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER,
OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE
OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE
OF, OR ANY INABILITY TO USE, ANY WWH SERVICES EVEN IF
WWH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WWH’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER,
OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO
THE AUP OR WWH’S SERVICES, INCLUDING, WITHOUT LIMITATION,
THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY WWH
OR WWH’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY
OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED,
THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE
SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES
OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE
THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE. |
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Modifications |
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WWH may discontinue, upgrade, replace,
modify, or change in any way, without limitation, any
software, application, program, data, hardware, equipment,
or portions or components thereof, used to provide customers
with WWH’s services. Certain changes to WWH’s
services may affect the operation of customers’ personalized
applications and content. Each customer is solely responsible,
and WWH is not liable, for any and all such personalized
applications and content, except as expressly agreed to
by WWH. |
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Backup of Data |
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Except where WWH has expressly agreed in
writing to the contrary, customers are solely and entirely
responsible, and WWH is in NO way responsible, for the
management and backup of all customer data, and all updates,
upgrades, and patches to any software that customers use
in connection with WWH services. |
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Third Party Licenses |
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WWH makes a reasonable effort to provide
customers with technologies, developments, and innovations
(collectively “Technologies”), part of which
may be licensed, or co-branded, from or by, third party
entities. However, WWH makes NO warranty of any kind,
either express or implied, regarding the quality, accuracy,
reliability, validity, or continued existence of any or
all aspects of such Technologies. Moreover, WWH specifically
disclaims all warranties of merchantability and and fitness
for a particular purpose for such Technologies. Furthermore,
no customer will hold WWH liable in any way for the revocation
of any license, which has been licensed to WWH. The use
of the Technologies obtained from or through WWH, or any
other referred third party, whether directly or indirectly,
is at the sole risk of customers. |
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Non-Window Web Hosting Products |
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Any mention of non-WWH products by WWH,
its employees, or any third party entity related to WWH
is for information purposes only and does not constitute
an endorsement or recommendation by WWH. WWH disclaims
any and all liabilities for any representation or warranty
made by the vendors of such non-WWH products or services. |
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Intellectual Property |
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Customers will not, without WWH’s
express written consent, copy, reproduce, republish, or
otherwise use any material, in whole or in part, that
is located on WWH’s web site, and customers will
not use any of WWH’s trademarks, service marks, copyrighted
materials, or other intellectual property without WWH’s
express written consent. Customers will not, in any way,
misrepresent their relationship with WWH, attempt to pass
themselves off as WWH, or claim that customers are WWH. |
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Assignment |
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Customers may not assign or delegate their
rights or obligations under the AUP or other agreement
for WWH’s services, either in whole or in part, without
the prior written consent of WWH. |
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Minimum Age Requirement |
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WWH customers must be at least 18 years
of age. Any individual under the age of 18 years (“Minor”)
must have a parent or guardian accept the AUP in order
for the Minor to become a WWH customer. A parent or guardian
who accepts the AUP on behalf of a Minor will be primarily
liable for ensuring complete and proper compliance with
the AUP, including the timely and full payment of the
charges for WWH services, and such primary liability will
continue even when the Minor has attained the age of 18,
unless the parent or guardian obtains WWH’s express
written consent to the contrary. Any acceptance of the
AUP or any other agreement for WWH’s services will
be deemed null and void to the extent that WWH will not
be liable in any way as a result of the Minor’s age
or legal incapacity or the Minor’s use of WWH’s
services. |
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Governing Law and Severability |
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The AUP, and any other agreement for WWH
services, will be governed by and construed in accordance
with the laws of the State of Gujarat, India without reference
to its conflicts of laws principles. Any litigation or
arbitration between a customer and WWH will take place
in Gujarat, and the customer will consent to personal
jurisdiction and venue in that jurisdiction. If any provision
or portion of the AUP or other WWH agreement is found
by a court of competent jurisdiction to be unenforceable
for any reason, the remainder of the AUP or the agreement
will continue in full force and effect. |
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Force Majeure |
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WWH will not be liable for delays in its
performance of the AUP or WWH services caused by circumstances
beyond WWH’s reasonable control, including acts of
God, wars, insurrection, civil commotions, riots, national
disasters, earthquakes, strikes, fires, floods, water
damage, explosions, shortages of labor or materials, labor
disputes, transportation problems, accidents, embargoes,
or governmental restrictions (collectively “Force
Majeure”). WWH will make reasonable efforts to reduce
to a minimum and mitigate the effect of any Force Majeure.
Notwithstanding anything contained elsewhere herein, lack
of finances will not be considered an event of Force Majeure
nor will any event of Force Majeure suspend any obligation
of customers for the payment of money due. |
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Waiver and Amendment |
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Any waiver, modification, or amendment
of any provision of the AUP or other agreement for WWH
services, initiated by a customer, will be effective only
if accepted in writing and signed by an authorized representative
of WWH. |
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Independent Contractors |
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Nothing in this Agreement will be construed
as creating a partnership or relationship of employer
and employee, principal and agent, partnership or joint
venture between WWH and its customers. Each of WWH and
its customers will be deemed an independent contractor
at all times and will have no right or authority to assume
or create any obligation on behalf of the other, except
as may be expressly provided herein. |
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[IV]
All Customer's Billing Policy |
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The following Terms
of Use constitute WWH’s Billing Policy and apply to ALL
WWH customers: |
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Payments |
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All charges are shown in US Dollars and
Indian Rupees. Payments are to be made in US dollars or
in Indian rupees. WWH accepts the following types of payment:
- Check/money order
- Credit card (VISA, MasterCard, American Express, Discover)
- Bank Wire Transfer
All payments are due on the Account Statement Date.
The Account Statement Date is the monthly anniversary
of the date the account was activated. If you provide
WWH your credit card information, you authorize WWH
to automatically charge your credit or debit card for
charges that apply to your account. Recurring charges
will be posted to your credit card until such time that
you cancel your account in accordance with WWH’s
Billing Policy in the AUP. You are responsible for directly
updating, or notifying WWH, of any changes to your credit
card (including, but not limited to card number, expiration
date, billing address, or card status).
Customers not paying by credit card agree to make payment
of their balance due within ten (10) days of the Account
Statement Date.
Accounts that are thirty (30) days past due will be
automatically suspended. All past due and unpaid balances
are subject to collection. In the event of collection,
you will be liable for costs of collection including
attorney’s fees, court costs, and collection agency
fees.
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Billing Cycles (Terms) |
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WWH offers two Billing Cycles (terms) for hosting charges:
Monthly and Yearly (12 months). The Billing Cycle begins
on the Plan Activation Date. Resellers are limited to
the monthly Billing Cycle for all of their charges.
You may elect to change your Billing Cycle at any time;
however, the new Billing Cycle will only take effect
at the time of the next plan renewal. Additional items
are non-refundable.
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Account Renewals |
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In order to insure uninterrupted service
to your website, all plans will automatically renew at
the end of the plan’s Billing Cycle. Plan renewal
charges are based on the prevailing rate on the date of
renewal according to the service selected. Plans are renewed
for the same billing cycle. If you wish to cancel your
plan before plan renewal, please refer to the Cancellation
section below. |
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Statements |
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WWH does not mail paper invoices or statements.
Statements can be viewed and printed through Control Panel. |
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Fees |
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- Returned Checks
WWH charges a $10.00 or Rs.300.00 fee for returned checks.
Customers that issue a check will be required to submit
future payments with a certified check or money order.
- Credit Card Chargebacks
A $25.00 chargeback fee will be assessed for each credit
card chargeback received by WWH.
- Bank Wire Payments
WWH does NOT charge fees for accepting payment via bank
wire, however, international wire transfers may be assessed
a $20.00USD processing fee by an intermediary bank in
New York. In addition, your issuing bank may also charge
a fee for sending the wire. Please add these fees to
the amount that you are sending to WWH or the amount
credited to your account will be less than your intended
payment.
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Hosting Plan Changes |
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Customers electing to change to a lower
priced hosting plan on the same platform will be charged
a $19.95 downgrade fee. There is no upgrade fee for upgrading
to a higher priced plan, however, you will be charged
any difference between the setup fee applicable to your
new and former plans. |
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Account Splits and Mergers |
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WWH encourages customers to merge hosting
plans contained in two or more accounts into one account.
There is no fee for this service. Customers may also request
that WWH separate one or more plans contained under one
account into separate accounts. |
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Cancellations |
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Hosting plans will automatically renew
until a plan is cancelled. In order to cancel service,
you must contact WWH's Support Desk Team. WWH's customer
service representatives will assist you with the cancellation
process. Please be aware that there are no pro-rated refunds
after the first 30 days of service.
Cancellation requests must be received by WWH a minimum
of thirty (30) days prior to the end of your Billing
Cycle for dedicated server plans and a minimum of ten
(10) days prior to the end of your Billing Cycle for
all other plans. Cancellations submitted later than
this time may result in automatic renewal of your hosting
plan. Cancellations become effective on the day processed
by WWH. WWH is unable to cancel your account effective
for a future date. WWH will confirm the cancellation
request when it is processed. If you do not receive
a confirmation, please contact WWH as soon as possible.
WWH does not monitor, and will not automatically cancel,
plans for problems related to domain name transfers,
non-usage, Internic, your ISP, or any other secondary
issues not directly related to WWH's services. Cancellation
of services does not relieve the customer from paying
any outstanding balance owed on the account. WWH reserves
the right to cancel any account, at any time, without
notice, for any reason WWH considers appropriate.
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Credit Card Disputes/Chargebacks |
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WWH has a zero tolerance policy for chargebacks.
Any customer who disputes a credit card payment is subject
to a fine, suspension and account termination at WWH's
discretion. |
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Billing/Price Changes |
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WWH's policies and prices are subject to
change without notice. Any price changes become effective
in the next billing cycle. |
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