Terms of Service
This policy represents the Webkitz Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for hosting and domain name registration services with Webkitz Webkitz reserves the exclusive right to revise, change or amend any portion of this Policy at any time, without advance notice to customers.
Customers using any services offered by Webkitz consent to be bound by and must comply with all policies in this TOS. At the sole discretion of Webkitz , any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.
General Provisions
In consideration for Webkitz maintaining one or more accounts (each "Account"), you agree to the following terms of service.
Definitions
"We" "Us" or "Provider" or "Webkitz"
"You" "Your" "Client" "Customer" or "Member."
Each person or entity that applies for internet service or is a designate of any one who applies for internet service.
Disclaimer of Warranty
The Internet is a complex network of equipment, services and providers of information, thus the Service may not be available to you at all times. However, Webkitz offers a 99.9% network uptime guarantee. This is valid for only the connection. Web4Africa will pursue all resources and channels available to maintain maximum uptime; however, Webkitz is not responsible for any down time caused by client's error.
WEBKITZ MAKES NO WARANTIES OR REPRESENTATIONS OF ANY KIND FOR THE SERVICES BEING OFFERED. THE SERVICE IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No advice or information given by Webkitz or its agents or employees shall create a warranty. Webkitz provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Webkitz be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Webkitz service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Webkitz 's servers that such information becomes available to all Internet users and that Web4Africa has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Webkitz 's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Webkitz or on the Internet generally.
Your use of the service is at your sole risk. Webkitz is not responsible for files and 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 Webkitz servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Webkitz, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Web4Africa policy decisions.
Webkitz reserves the right to monitor any and all communications through or with our facilities.
You agree to indemnify, defend, and hold harmless Webkitz from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Webkitz , or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
Services provided by Webkitz
Webkitz will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Webkitz members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Webkitz members will use the provided services in a manner consistent with any and all applicable International laws. Webkitz provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. If any of the below activities are committed, Webkitz can suspend client's account without notification.
Client Content:
Client agrees that web pages and files uploaded to servers will not violate any province, federal or foreign laws or regulations; infringe on any intellectual property rights of Webkitz or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Webkitz or any third party. Customers may not run IRC, bots or clients.
Unacceptable uses also include: Bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child porn or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, HYIP, e-currency exchange, auto-surf, warez, cracks, software serial numbers. Webkitz will be the sole and final arbiter as to what constitutes a violation of this policy. Webkitz does not normally monitor the contents of clients servers, however if suspicion occurs, Webkitz reserves the right to investigate and suspend the client's subscription to the service.
Bandwidth Usage:
Webkitz offers a generous amount of data transfer per month. Bandwidth is calculated on a recurring 30 days. Sites that use over the given limit in 30 days will automatically be suspended until the cycle is reset. You can request that your site be allowed to go over your bandwidth limit, however, a fee per GB overage charge will be applied to your account. You can upgrade your plan to avoid bandwidth overages.
Excessive Resource Usage Policy: *Applies to virtual accounts. Resources are defined as bandwidth and/or processor utilization. A website is considered using "Excessive amounts of resources" when it monopolizes the resources available using 10% or more of system resources for longer than 30 seconds. There are numerous problems that could cause such problems, this includes: cgi scripts, FTP, HTTP, etc. A site that consumes over the account limit of bandwidth is also considered "excessive resources". This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using "excessive resources" will be asked to upgrade his/her hosting plan to one of our dedicated server plans. Webkitz will be the sole and final arbiter as to what constitutes a violation of this policy.
Upstream AUP Violation: Accounts that house insecure scripts which result in an upstream AUP violation will be charged a one time fee of $20 for cleanup and reactivation. If your account causes a second upstream AUP violation as a result of the same script, your account will then be subject to termination at the discretion of Webkitz.
No "Spam": UCE/UBE or "Spam" originating from a server located on our network or associated with a Webkitz server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the Webkitz network but is sent from an e-mail address not associated with that Webkitz account. Client shall not use their Webkitz services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Webkitz reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $500 clean up fee if an account was suspended for policy violation.
False Information:
You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply Webkitz with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use and prosecute if wrong doing is found.
Licensed Software Only:
Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Sharing of account space & resale restrictions:
You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You understand that as a reseller, you are the individual solely responsible for all use of the account.
Abusive behavior against staff: We believe in professional communication, no matter what the issue is. We will not tolerate any abusive behavior, abusive language or threats against any Webkitz staff member(s). By violating this policy, we reserve the right to permanently suspend or terminate your account(s) without prior notice and without any refund. Webkitz reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion and without notice. Webkitz also reserves the right to make any such modifications in an emergency at our sole discretion.
Back-Up Files:
We perform routine daily backups of all users' data. Webkitz is not responsible for any user's data and all user's are encouraged to perform their own daily backups. If a user experiences data loss due to their own doing, Webkitz will charge a one-time $10 data restoration fee per incident that requires a restore of backup to the user's account.
Payment, Renewal, Cancellations
Payment Obligations:
Full payment is required in advance before hosting service is established. Webkitz sends out invoices that are due every pay period. You are given fourteen (14) days to fully pay the invoice. If your initial payment was through Paypal subscription, your credit card will automatically be charged each renewal period unless cancelled. You warrant and represent that the information you supply in the Order Form (or other information that Webkitz may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. To have your account re-established, you will need to pay the monthly fees, plus a late payment fee. There is a $35 fee for bounced checks and a $45 processing fee for illegitimate charge backs. Users who partake in the free domain registration promotional offer and cancel services within 1 year of their signup date are required to pay Webkitz $8.50 for the domain registration fee.
Renewals:
Your account will be automatically renewed under the same time and fee structure unless you give written notice to Webkitz seven (7) days before the renewal date that you do not wish to renew such account.
Cancellation & Refunds:
In the event you cancel your service, you will be charged in full for the entire month in which you canceled your service. Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance will be terminated, including domain registrations. A full refund will be issued for any unused prepaid months of service. There is a $45 administrative fee for any illegitimate charge backs placed against us. Any illegitimate charge backs or threatened illegitimate charge backs are grounds for immediate account cancellation. Payments made for dedicated server purchases, domain registrations or account upgrades are non refundable. Cancellations must be received at least fourteen (14) days prior to your renewal date. A cancellation request must be submitted through our Billing system.
99.9% Network Service Level Agreement "SLA", all accounts:
Webkitz offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. Webkitz will try to maintain maximum uptime. Webkitz is not responsible for any downtime caused by the client.
Scheduled network maintenance downtime or downtime resulting from upstream AUP violations is not covered by the SLA.
Scheduled server maintenance downtime is not covered by the SLA.
30 Day Money Back Guarantee
Webkitz offers an unconditional 30 day guarantee that covers cancellations of a web hosting account made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, or abuse. Domain names are also non- refundable.
Any questions regarding the 30 day money back guarantee should be forwarded through our contact page.
This document was last updated on 4th November, 2010.
CONTACT INFORMATION
If you have any questions about these Terms of Use, please contact us by email or regular mail at the following address:
P. O. Box AN 11204
Accra - North.
West Africa.
Revised: 4/11/2010
Copyright © 2010 webkitz.net. All Rights Reserved.
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