WEBster Computing Services - SYSTEM RULES AND POLICIES
The following terms and conditions apply to all services offered by WEBster Computing Services.
All clients (otherwise referred below as "you" or "customer" or "client") and all staff of WEBster Computing Services are required to agree to and abide by the following without exception:
- Account payment:
- Refunds or adjustments will not be given for any charges which are more than 60 days old. It is the client's responsibility to contact us before that time has elapsed.
- Prepayment, renewal and cancellation:
- Clients agree to PRE-PAY for the selected service period on their accounts in advance. All accounts renew automatically and will be billed seven days before their renewal date unless formally cancelled. Unused portions of the selected service period are non-refundable. IE if you pre-pay for three months and cancel in your second month, the remainder of the period is not refundable. Non-payment for a service may result in cancellation and deletion of data. Dedicated servers must be paid for seven or more days before renew dates. We reserve the right to cancel and delete servers if this payments are late.
- Prices, fees and services are subject to change at any time.
- Account upgrades or downgrades are possible on some account types on a case-by-case basis.
- Signing up for the wrong service or changing your mind after the account has been setup is NOT grounds for a refund.
- Refunds of any kind are not available for dedicated servers.
Unmetered bandwidth policy:
- Unmetered bandwidth or traffic is NOT unlimited bandwidth of traffic. Unmetered means we allocate you a specific portion of access to a data line. You can then access that data line up to its allocation. We deserve the right to revoke or cancel the availability of unmetered bandwidth at any time.
Domain name registrations and transfers:
- Clients registering a domain name or requesting domain name registration through WEBster Computing Services are required to agree to the terms and conditions of the underlying domain name registration body (for example: Clients registering .CA domains are required to agree to the terms and conditions of CIRA, .COM ICANN, etc). By registering a domain name or requesting a domain name registration, you agree to fully abide by the terms and conditions of these registration authorities and organizations. It is up to you, the domain name purchaser, to research these rules.
- Initial domain registration covers the first year of domain ownership. For additional renewal pricing see http://www.webcs.com/domains.
- Renewals: Renewal payments must be paid at least 48 hours prior to a the domain names expiration date. Payment can be made here. Customers who have an active website account with us and a valid and working credit card on file will be automatically charged 15-30 days prior to your due date unless you otherwise notify us. Other customers must renew manually.
- Domain registration fees or renewal fees are non-refundable after the point of domain registration.
- You agree that WEBster Computing Services is not responsible for domain name deletions, human error, problems due to non-payment, and domain registry errors.
- You agree that failure to supply us with fully valid contact information may result in cancellation of a domain name. You agree that failure to abide by all domain registration rules required by third party domain name authorities may result in cancellation of a domain name.
Hardware and Software:
- All hardware and software provided is the sole property of WEBster Computing Services and is rented during the time client uses our services. Hardware and software is in no way the property of the client. This includes dedicated servers.
Failure of payment:
- In the event any payment to WEBster Computing Services is rejected, bounces or is refused, client has the absolute obligation to repay WEBster Computing Services for the original amount (plus a $25 service charge for each bounced, returned or rejected check, or canceled credit card transaction).
- Clients are required to pay received bills, statements and invoices promptly.
- Accounts with overdue balances will be charged a $5.99 late fee per month.
- Termination of a paypal subscription without notifying our billing department, having no existing automatic billing in place, or not updating us with a working and valid credit card is grounds for server termination. It is the clients job to keep an eye on payment sources, especially paypal.
Downtime and Loss:
- WEBster Computing Services strives to bring you the best support. A suspension in services for a period exceeding 24 straight hours in any one month time period, found to be the fault of WEBster Computing Services, will result in an account fee refund to the client in question for that time frame (Month total cost - day's cost = new cost); however WEBster Computing Services is not responsible for:
- Gaps in internet service due to natural disasters.
- Gaps in internet services due to outside influences such as phone companies and high volumes of external internet traffic, as well as any external factors which WEBster Computing Services has no control over.
- Losses that a company or client may incur exceeding the monthly account charges applied by WEBster Computing Services to the client.
- Client manhour or business losses of any kind.
- Under no circumstances is WEBster Computing Services responsible for a client's financial losses as a result of a lapse in any service or for any other reason.
- WEBster Computing Services is also not responsible for the billings of third party companies such as domain registries or the INTERnic; thus, we are not responsible for any form of refund or reimbursement in relation to your dealings with these companies.
- Client agrees that WEBster Computing Services is not responsible for any loss resulting in delays in domain transfers or registrations from a domain name registry. All website accounts start billing immediately when said account becomes active, not when a domain name registry transfers or maps your domain to your account here.
- World Wide Web pages, programming, scripts and sites designed by WEBster Computing Services are property of WEBster Computing Service, unless designed by account owner(s) themselves or otherwise agreed to.
Cancellation of Accounts and Servers:
- Clients may request a cancellation in services at any time. Cancellation must come from a previously verifiable account owner. The client agrees to pay for the complete service period they are currently in regardless of when the client requests cancellation.
- To cancel an account or service, client must notify WEBster Computing Services in writing (by fax or postal mail) at least 7 days prior to when the client wants cancellation to occur. In the case of dedicated server accounts, 10 days notice must be given. Cancellation request must be hand signed and dated. If no notification is given account charges will continue to accumulate. Not using an account or service does not cancel it or stop fees from accumulating
Account and Server Termination or Suspension:
- WEBster Computing Services reserves the right to terminate a client's account or service for any reason at any time. Client agrees that WEBster Computing Services is not responsible for any loss of data should a termination or suspension occur.
- WEBster Computing Services reserves the right to cancel a client's account or service if it is determined that the client's account is potentially detrimental to the normal operations of its servers, potentially detrimental to the internet or a datacenter, potentially detrimental to another client, or potentially detrimental to WEBster Computing Services reputation. Unlimited bandwidth and unlimited email box accounts are only unlimited when such accounts do not create a detriment to our systems. WEBster Computing Services reserves the sole right to determine these standards.
- Filtering: Clients using email, spam control or internet filtering software that we provide do so completely at their own risk. Clients agree that any spam or adult content filtering product is not 100% safe due to the nature of the internet and any failure of such products are not the fault of WEBster Computing Services.
SPAM AND IP Address Policies:
- IP Address Use: IP use must be justified. If requesting additional IPS client must provide justification or IPS may not be provided. If ordering a server and client can not provide justification for additional IPS, client is still responsible for the server order and payment. Your personal information may be disclosed to IP providers when requesting IP addresses as they must be registered in your name.
- SPAM practices (sending unsolicited bulk advertisements or messages via e-mail newsgroups or other means) is strictly prohibited. WEBster Computing Services maintains a zero tolerance policy toward SPAM abuse. WEBster Computing Services reserves the sole right to define how SPAM and unsolicited is defined. We understand that bulk email is an important mechanism for keeping people informed. However, spamming and spamvertising using our servers or data centers is prohibited. Legitimate bulk email meets the following criteria:
- ALL recipients must confirm a willingness to be added to a distribution list by clicking on verified confirmation links. All email subscribers MUST be double opt-in (they both request and verify their subscription). You must also maintain records of these subscriptions and how they were obtained.
- Distributed messages include valid headers, removal instructions, and information on the method by which the subscribed addresses were obtained. The usage of third-party distribution lists is prohibited. We reserve the right to require termination of any services involved in the transmission of unsolicited email. If any activities lead to blacklisting, the involved client/reseller may be charged an abuse fee of $100.00.
- SOLITICED E-MAIL MARKETING: Reasonable and "limited" soliticed email marketing is allowed on dedicated server accounts as long as WEBster Computing Services is made aware and approves of such activities before they occur. WEBster Computing Services reserves the full right to deny or revoke email marketing permission at any time and to set limits on these activities. All marketing clients must abide by CAN SPAM and general spam laws and best practices (defined below) and the rules of any data center or data line carriers used.
- BEST PRACTICES: All email marketers must send emails only to people who have approved of such. Marketers must have records of signups which include verification and opt-in dates and IP addresses, and must be able to easily provide these to WEBster Computing Services and our data centers within 18 hours of a spam or abuse report. Failure to do so may result in server suspension or termination. Clients may be charged a $3 processing fee per spam report. All emails must not be deceptive and must include easy opt-out instructions for the user as well as easy codes to identify a user should they complain or should their email address be hidden by spamcop or a third party reporting system. Abuse may result in suspension or termination.
- Reasonable Limits: Obtaining permission to email does not give the client unlimited license to do so. WEBster Computing Services reserves the right to limit or revoke such activities. You must abide by any requests or rules data centers have.
- Blacklisting: Blacklisting a server IP is not allowed and clients must work pro-actively to prevent this from happening in any form. Clients must also work pro-actively to prevent spam and abuse reports from occuring on third party spam watchdogs. We reserve the right to terminate any server (without warning) that generates a blacklisting. Any black listing may result in a $100 fee and normally termination of the server if the event can not be resolved to the satisfaction of WEBster Computing services.
- You agree to indemnify, defend, and hold harmless WEBster Computing Services and its employees from any and all legal action, liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of our service(s) which damages either you, WEBster Computing Services, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account or requested services, including but not limited to domain name selection, domain name registration, domain name renewal and web site content.
- Please note that technical data such as usernames or passwords (or anything needed to assist in repair and support operations) may need to be relayed to third-parties such as data centers and server providers to aid in the normal operations of your purchased services.
Changes of this Document:
- WEBster Computing Services reserves the right to modify this document at any time. All clients and customers must agree to such changes to maintain service.