Web Hosting - Terms of Service

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Website Services: Terms of Service
WebCitz: Usage Agreement | Privacy Policy

The use of any web hosting service from WebCitz, LLC [hereafter referred to as "WebCitz"] constitutes agreement to these terms.

1. Account Creation
WebCitz will setup your web hosting account after we have received payment and verified the legitimacy of your order. Providing false contact information of any kind may result in the termination of your account, with or without notice. For dedicated server purchases and high risk transactions, it will be necessary for you to provide us with government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and subsequently denied.

2. Valid Email Address
It is your responsibility to provide us with an email address that you monitor on a frequent basis. Any and all forms of notices, reminders, updates, invoices and receipts will be delivered to you via the email address associated with your online billing account.

3. File/Database Transfers
WebCitz will make every effort to faciliate the transfer of your website from an existing web hosting company to our web hosting company. This file/database transfer is free of charge, provided that your submit a request via email for this service within the first thirty days of your order. However, these transfers are provided as a courtesy service and no guarantees are made as to the availability, possibility, or time required to complete the account transfer. Each web hosting company has its own unique configuration, with some hosting platforms saving data in an incompatible or proprietary format. In these situations it may be extremely difficult, if not impossible, to migrate your website to our servers. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

4. Acceptable Usage of Services
WebCitz does not allow the use of our services for any unlawful purpose. The laws of the State of Florida, the State of Wisconsin and the United States of America apply. The customer agrees to indemnify and hold harmless WebCitz from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to the sale of any counterfeit merchandise of a trademark holder or unauthorized copying of music, books, photographs or any other copyrighted work. Any account found to be in violation of copyright or trademark law will be expeditiously removed from our servers. Anyone found to be in repeat violation of copyright or trademark law will be denied future service. If you believe that your copyright or trademark is being infringed upon, please email abuse@webcitz.com with your complaint.

WebCitz prohibits the use of our shared and reseller web hosting services as a backup/storage device for any files not being made available to the general public.

WebCitz prohibits the use the following on our shared, reseller and dedicated services:

  • Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Mailer Pro
  • Pirated Software/Warez, AutoSurf/PTC/PTS/PPC sites
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • IP Scanners, Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs, Lottery/Gambling Sites, MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs, Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

WebCitz services, including all related equipment, networks and network devices are provided only for authorized customer use. WebCitz systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of WebCitz system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. WebCitz may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Additionally, any material that, in our judgment, is obscene, threatening, illegal, or a violation of our terms of service in any manner may be removed or disabled from our servers, with or without notice.

Failure to respond to an email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email.

Sites hosted on WebCitz service(s) are regulated only by the laws of the United States of America. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. WebCitz is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a United States of America Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers, such as WebCitz and many of WebCitz's other web hosting services and brands, are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, WebCitz should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under WebCitz's web hosting services.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@webcitz.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be subject to immediate suspension or termination. Additionally, any violations of this nature will be reported to the appropriate law enforcement agency.

You are ultimately responsible for all actions taken under your account. This includes the compromise of credentials such as user names and passwords. It is required that you use a secure password for any service on our systems. Audits may be performed to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

5. Zero Tolerance Spam Policy
WebCitz has a zero tolerance stance against all forms of spam, including but not limited to mail spam, usenet spam, pop-up spam, and selling/buying spamware. Any violation of our spam policy will be cause for immediate suspension or termination of your account, with or without notice.

6. Payment Information
You agree to supply appropriate payment for the services received from WebCitz in advance of the time period during which such services are provided.

As a client of WebCitz, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify WebCitz of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by WebCitz. WebCitz reserves the right to bill your credit card or billing information on file with us. WebCitz provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to WebCitz for services rendered. Access to the account will not be restored until payment has been received.

Domain name renewal notices and invoices are provided as a courtesy reminder. WebCitz cannot be held responsible for failure to renew a domain name or failure to notify a customer about a domain name's renewal. It is your responsibility to ensure that the domain name renewal is paid for in advance of the expiration of the domain name, and that the renewal has been successfully completed prior to the expiration of the domain name. No refunds are provided to domain names that have already been registered, transferred or renewed. All domain name registrations, transfers and renewals are final.

WebCitz reserves the right to change the monthly payment of any recurring service, at any time, with or without prior notice. This includes shared, reseller and dedicated web hosting services as well as domain name registrations, transfers and renewals.

7. Cencellations & Refunds
WebCitz reserves the right to cancel, suspend or otherwise restrict access to your account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

You may cancel your account at any time, provided you submit a cancellation request to info@webcitz.com. WebCitz will review your cancellation request and respond to confirm the legitimacy of the request prior to terminating your service.

Any request for a refund outside of the initial 45 day period will be given on a prorated basis from when the refund was requested, if the account is eligible for a refund. Refunds are determined by the Cancellation agents at the time the account is canceled.

There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 45 days will be refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

8. Backups & Data Loss
Your use of our services is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. WebCitz is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on WebCitz servers.

9. Resource Usage
At no point in time may you:

  1. Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems, such as CGI scripts, FTP, PHP, HTTP, etc.
  2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  3. Run any type of web spider or indexer (including Google Cash and AdSpy) on shared servers.
  4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  6. Participate in any file-sharing or peer-to-peer activities.
  7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
  8. Run cron entries with intervals of less than 15 minutes.
  9. Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
  10. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
  11. To help reduce usage, do not force html to handle server-side code (like php and shtml).
  12. Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

10. INODES
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

11. Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

12. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

13. Money Back Guarantee
On dedicated servers no full refund will be honored -- the 45 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of WebCitz's managed shared, VPS, and reseller servers carry a 45 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 45 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

WebCitz will not activate new orders or activate new packages for customers who have an outstanding balance with WebCitz. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by WebCitz in writing.

14. Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of WebCitz dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@webcitz.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

15. Reseller: Client Responsibility
Resellers are responsible for supporting their clients. WebCitz does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. WebCitz will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

16. Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

The Business plan provides a free toll-free number for your web site and business. Minutes Included Per Month: 100 -- Additional Minutes: 4.9 cents. Included minutes are based on a calendar month. By default, you'll be able to receive calls from US callers only. You can enable calls from Canada in your control panel, but will be billed 6.9 cents per minute for all calls from Canada due to the increased costs of providing service there. This service is provided and supported by Voipo for new WebCitz clients.

*Please note: Toll-Free numbers issued must be called at least once every 30 days. Toll-free numbers with 0 calls in a 30 day period will be considered inactive and disconnected. If you cancel your hosting package with WebCitz or switch to a plan other than the business plan, your toll-free number will be disconnected unless you contact VOIPo to change to a paid service plan prior to the WebCitz cancellation.

17. Dedicated Servers
WebCitz reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. WebCitz reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales@webcitz.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

18. Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on WebCitz.com, and the right to increase the amount of resources given to plans at any time.

19. Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

20. Disclosure to Law Enforcement
WebCitz may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

21. Indemnification
Customer agrees to indemnify and hold harmless WebCitz, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

22. Arbitration
By using any WebCitz services, you agree to submit to binding arbitration. If any disputes or claims arise against WebCitz or its subsidiaries, such disputes will be handled by an arbitrator of WebCitz's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

23. Disclaimers; Limitation on Company Liablility
WEBCITZ SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE PRODUCTS AND SERVICES BY THE CUSTOMER OR ANY THIRD PARTIES OR ANY FAILURE OF THE PRODUCTS AND SERVICES OR (ii) ANY LOSS OF DATA OR CORRUPTION OF DATA, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, SERVICE INTERRUPTIONS, FAILURE OF WEBCITZ NETWORK, RECLAIMATION OF SERVERS BY WEBCITZ, FAILURE OF SERVERS, THE RELOADING OF AN OPERATING SYSTEM OR OTHER SOFTWARE ON A SERVER OR THE NEGLIGENCE OF WEBCITZ. CUSTOMER IS SOLELY RESPONSIBLE FOR SAFEGUARDING, BACKING UP AND ARCHIVING ALL DATA OWNED, CONTROLLED OR TRANSMITTED BY CUSTOMER THAT RESIDES ON WEBCITZ NETWORK OR ANY SERVER OWNED OR OPERATED BY WEBCITZ. IN NO EVENT SHALL WEBCITZ’S AGGREGATE LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER TO WEBCITZ IN THE BILLING CYCLE IMMEDIATELY PRECEEDING SUCH CLAIM. WEBCITZ PROVIDES ALL PRODUCTS AND SERVICES “AS IS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE PRODUCTS AND SERVICES AND WEBCITZ SHALL HAVE NO LIABILITY THEREFORE. NO CLAIM MAY BE ASSERTED BY CUSTOMER AGAINST WEBCITZ MORE THAN TWO (2) YEARS FOLLOWING THE DATE OF THE EVENT THAT UNDERLIES ANY SUCH CLAIM. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE RECEIPT OF A SERVICE CREDIT AS PROVIDED FOR IN THE SLA CONSTITUTES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND WEBCITZ’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY FAILURE OF WEBCITZ NETWORK, WEBCITZ HARDWARE OR WEBCITZ INFRASTRUCTURE OR THE FAILURE BY WEBCITZ TO PROVIDE CUSTOMER WITH THE PRODUCTS AND SERVICES OR MANAGED HOSTING SERVICES PURCHASED BY CUSTOMER IN ACCORDANCE WITH THIS AGREEMENT WHICH RESULTS FROM A QUALIFIED NETWORK DOWNTIME EVENT OR ANY OTHER QUALIFIED DOWNTIME EVENT.

24. Governing Law, Jurisdiction, Venue:
THIS AGREEMENT AND ANY DISPUTE ARISING FROM THE PERFORMANCE OR BREACH HEREOF SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WISCONSIN, WITHOUT REFERENCE TO CONFLICTS OF LAWS PRINCIPLES AND EXCLUDING ANY APPLICATION OF THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. CUSTOMER (I) HEREBY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF WISCONSIN LOCATED IN OUTAGAMIE COUNTY AND THE NEAREST UNITED STATES DISTRICT COURT, FOR THE PURPOSES OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY BROUGHT BY THE CUSTOMER OR WEBCITZ OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, (II) HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH SUITS, ACTIONS OR PROCEEDINGS MAY BE HEARD AND DETERMINED IN SUCH WISCONSIN STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY LAW, IN THE UNITED STATES DISTRICT COURT FOR WISCONSIN AND (III) TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES, AND AGREES NOT TO ASSERT, BY WAY OF MOTION, AS A DEFENSE, OR OTHERWISE, IN ANY SUCH SUIT, ACTION OR PROCEEDING ANY CLAIM THAT IT IS NOT PERSONALLY SUBJECT TO THE JURISDICTION OF THE ABOVE-NAMED COURTS, THAT THE SUIT, ACTION OR PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, THAT THE VENUE OF THE SUIT, ACTION OR PROCEEDING IS IMPROPER OR THAT THIS AGREEMENT OR THE SUBJECT MATTER HEREOF MAY NOT BE ENFORCED IN OR BY SUCH COURT. A FINAL JUDGMENT OBTAINED IN RESPECT OF ANY ACTION, SUIT OR PROCEEDING REFERRED TO IN THIS SECTION 8 SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT OR JUDGMENT OR IN ANY MANNER AS PROVIDED BY APPLICABLE LAW.

25. Changes to the TOS
WebCitz reserves the right to revise its policies at any time without notice.

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