These terms and conditions (TOS) apply to all
services provided by Mr Website Maker Web Hosting Service (Mr Website Maker Web Hosting Service , we,
us, or our) agrees to provide to you, and which govern the rights and
responsibilities between Mr Website Maker Web Hosting Service and the entity purchasing, or using those
services (Customer, you or your). You agree to be bound by this TOS regardless
of the way you have contracted with Mr Website Maker Web Hosting Service . Both
Mr Website Maker Web Hosting Service and
you agree that Mr Website Maker Web Hosting Service ’s continued provision of
services to you, and your continued use of them, represent agreement to be bound
by the TOS.
Mr Website Maker Web Hosting Service (a Whitelabel ITSolutions company) is an internet based service and provides domain registration and web hosting. Domain registration is done through accredited domain registrars. In some cases it is possible that someone else may register your domain name before we do. We accept no liability for this or any other circumstances that may result in this failure. In which event, a refund will be issued unless if you request another name instead. Even though we do our best in maintaining domains we register, it is the customer’s responsibility to renew their domains in time and provide correct contact information for them. Mr Website Maker Web Hosting Service will not be responsible for any damages your business may suffer due to expired domains or domains registered with false credentials. Mr Website Maker Web Hosting Service reserves the right to refuse service to anyone at any given time for reason(s) of infringement of copyrights or any other reason(s) at its sole discretion.
SERVICE USAGE POLICY
We do not host gambling sites. Mr Website Maker Web Hosting Service does not allow any of the following content to be stored in the web hosting space (ftp space included) that you are provided with. We reserve the right to cancel your account without notice and without refund, should you be found violating these rules.
Illegal Material – This
includes copyrighted works, commercial audio, video, or music files,
counterfeit products and any material in violation of any Federal, State or
Non-Acceptable Adult Content includes, but is not limited to, Child pornography, Incest and Beastiality. You may also NOT link to and/or provide information about such content. We reserve the right to cancel your account without notice and without refund, should you be found violating this rule.
Warez and malicious software – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, trojan horses, viruses, spy-ware, malware, phishing attacks, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.
Spam (unsolicited bulk e-mailing and messaging) & Undesirable E-mail Services – No spamming is allowed. We reserve the right to cancel anyone spamming immediately and without refund. We also reserve the right to cancel without refund, anyone who causes our company to be blocked by any e-mail service – this includes selling bulk-emailing software and/or e-mailing lists.
If you are found to be engaging in any of the above activities then your account will be terminated without warning and you will not be entitled to any refunds, including the money back guarantee, that you would otherwise have been entitled to on leaving/cancelling your account with us.
IRC – We currently do not allow IRC or IRC bots to be operated on our servers.
Disk Usage – The sole purpose of your hosting account with Mr Website Maker Web Hosting Service is to host web sites. Your files need to be web accessible. Using a hosting account for online file storage and/or archiving electronic files are prohibited. Extremely high and unusual disk usage may interfere with our HIGH RESOURCE USER POLICY.
Data Backups and Data Loss – Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content or any other information.
If data loss occurs due to negligence of client in securing their account or by an action of the client, Mr Website Maker Web Hosting Service will attempt to recover the data from the most recent archive for a non-refundable fee.
Data loss due to hardware malfunction or during any requested upgrades Mr Website Maker Web Hosting Service is not liable.
cPanel has made
changes to its cPanel license as well as their reactivation policy. There will
now be charge for reactivation fees for cPanel licenses that have been
suspended or have been cancelled and purchased again later on. These
reactivation fee charges will be made to cPanel licenses of VPS Servers and
Dedicated Servers. (The fee is monthly license fee) Please note if you have a
VPS or Dedicated server and if timely payments are not made and if the server
is suspended or you request an extension to process the payment, then at the
time of renewal of cPanel license, cPanel will be charging reactivation fees
and you will be responsible for paying this charge, otherwise you will have to
purchase the cPanel license from your end.
Due to cPanel’s new policy, all unpaid or overdue cPanel accounts will be deleted by the 12th of each month. In the event that we have the latest backup of this account, a restore with additional fee would be possible.
REBOOTS AND BACKUPS
Each of our servers comes with access to a control panel from which you can immediately and automatically reboot your server through a remote power cycle. We will not be responsible for any damages you or your business may suffer should this remote reboot fail or if the result of a reboot is hard drive corruption. We are not providing any server backups. It is the customer’s responsibility to backup any data he/she wants to secure.
Mr Website Maker Web Hosting Service ’s managed backup services are designed to facilitate restoration of data to the server or device from which the data originated in the event the primary data is lost or corrupted. The quality of your backup depends on how your data is organised. If you purchase managed backup services, we recommend that you test your managed backup service promptly following the Service Commencement Date, and then periodically, to determine if it is capturing your data properly. If it is not, we will work with you to maximise the accuracy of our managed backup service for your data and/or help you identify other data backup solutions that may work better for you. In the event your primary server or device hardware fails and is replaced, we may not be able to restore your backed up data exactly as it was configured on the failed device. If this risk is not acceptable to you, then we will help you identify other data solutions that are more reliable in this situation.
The “retention” period for your backup refers to the amount of time that we will retain the backup in a useable form for restoration to the server or device from which it originated. If you wish to preserve your backup after the time that this server or device is decommissioned, you must make arrangements with us at least seventy-two (72) hours in advance of the scheduled decommissioning of the server or device. Database duplications or “cloning” for purposes other than a restoration of lost or corrupted data as described in this paragraph are not included as part of your managed backup service, but may be arranged as a Supplementary Service for an hourly fee. We may choose to use either tape or disk to collect your data, in our discretion. Provided that we do not impair the security or reliability of your backup service, you agree that we may from time to time test our backup systems, and may use copies of your data as part of these tests. We will treat duplicate data in accordance with the same security standards applicable to your backup service.
Internet Protocol Addresses – You may have additional IPs assigned to your server, however the right to use those Internet Protocol Addresses shall belong only to Mr Website Maker Web Hosting Service , and you, the customer, shall have no right to use that Internet Protocol address except as permitted by Mr Website Maker Web Hosting Service in its sole discretion in connection with the services, during the term of this agreement. Limitations due to ARIN’s (American Registry for Internet Numbers) policies require that you use additional IPs only if necessary. Acceptable IP usage is for anonymous FTP servers, sites with secure certificates or nameservers. You must use name-based hosting where possible.
Bandwidth – You, the customer, agree that bandwidth usage shall not exceed the maximum number of megabytes per month allocated to your server. Mr Website Maker Web Hosting Service will monitor bandwidth usage and shall have the right to take corrective action if the agreed usage is exceeded. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this agreement.
Security – Users of our servers and services are prohibited from violating or attempting to violate the security of the Mr Website Maker Web Hosting Service network. Violations of system or network security may result in civil or criminal liability. Such violations include, but are not limited to; (a) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (b) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”; (c) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
BANDWIDTH AND DISK SPACE
No set limit on bandwidth or disk space exists for accounts featuring unlimited bandwith and/or disk space. However, Mr Website Maker Web Hosting Service requires all customers to be fully compliant with our HIGH RESOURCE USER POLICY.
HIGH RESOURCE USER POLICY
Resources are defined as disk space and/or bandwidth and/or processor utilization. Mr Website Maker Web Hosting Service may at any given time implement the following policy to its sole discretion: When a hosting account is found to be monopolizing resources available Mr Website Maker Web Hosting Service reserves the right to suspend or terminate that account immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of servers on which your web site will be hosted or any other servers with which your web site is associated with.
All accounts are set up on a prepay basis. Although we reserve the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. No bills or invoices will be sent by Postal mail. All invoices will be sent directly to customers via email after the online purchase has been made. At this point the customer’s card will be charged automatically.
PAST DUE ACCOUNTS
In situations where the account holder does not renew his/her account we will suspend the service with penalty after 10 days of payment being past due. We do not guarantee that suspended sites will remain intact on our servers. In addition, we reserve the right to suspend other services of the same customer with an outstanding balance, until the outstanding debt is cleared. The account will be cancelled and deleted after 30 days of nonpayment.
ALL accounts will be automatically charged for the next payment period/billing cycle unless a cancellation request is submitted in writing via email or HelpDesk request. THIS MUST BE RECEIVED AT LEAST 5 DAYS PRIOR to the billing due date. A request must include your Client ID Number, Contact E-mail at signup, Order Number and Domain Name. For requests less than 5 days prior to rebill date but before rebill, a mid-cycle termination penalty of $175.00 or ONE BILLING CYCLE* (whichever is less) will apply to all accounts. ALL accounts and websites will no longer be accessible at the time of cancellation unless a prior request is made to have it remain online and accessible until the end of the paid period. The customer is responsible for all money owed on the account from the time it was established to the time that we receive a verifiable cancellation request.
Web Hosting is a
service provided by Mr Website Maker Web Hosting Service . Once the service has
been fulfilled the payment will not be refunded after 24 hours of billed
payment. For an account to be eligible for a refund it must be requested WITHIN
24 HOURS OF BILLED PAYMENT**. A refund request must be submitted in writing via
email or HelpDesk. A request must include your Client ID Number, Contact E-mail
at signup, Order Number and Domain Name. A mid-cycle termination penalty of ONE
BILLING CYCLE will apply to all accounts and be deducted before the refund is
Domain name related purchases are excluded from this policy and strictly nonrefundable.
* ONE BILLING CYCLE is the payment plan you currently are being billed Monthly, Quarterly, Bi-Yearly OR Yearly. EX#1: $9.95 Monthly Plan – EX#2: $305.48 Yearly Plan – EX#3: $56.85 Quarterly Plan
** BILLED PAYMENT is the time we receive notification that your account has rebilled.
If you have a problem with any of our services we ask that you contact “Mr Website Maker Web Hosting Service ” directly via email or HelpDesk request before issuing a chargeback. We will do our best to resolve any problem you may have encountered and will issue a refund if warranted. If you issue a chargeback by mistake or by fraud, you will be responsible for an additional $35.00 fee.
OUR RIGHTS TO LIMIT OR END SERVICE OR THIS AGREEMENT OF TERMS
You agree not to resell our service to someone else without our prior written permission. You also agree your account won’t be used for any other purpose that isn’t allowed by this agreement. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR THIS OR ANY OTHER GOOD CAUSE, including, but not limited to: (a) paying late more than once in any 12 months; (b) harassing our employees or agents; (c) lying to us; (d) interfering with our operations; (e) becoming insolvent or going bankrupt; (f) breaching this agreement; (g) “spamming,” or other abusive messaging or calling; (h) providing credit or contact information we can’t verify; (i) using your service in a way that adversely affects our company or other customers; (j) any illegal action defined by law; or (k) allowing anyone to tamper with your account. We can also temporarily limit your service for any operational, legal or governmental reason.
The customer agrees that any domain name registered by Mr Website Maker Web Hosting Service on his/her behalf is to the best of their knowledge NOT in violation of any trademarks or any other statutes. You agree we aren’t liable for problems or illegalities, damages and losses to your person or business caused by you or by a third party; by use of illegal material; illegal use of copyrighted materials, text and images; theft of domain names, images, text, videos, music, and copyrighted materials; internet connection failures, buildings; network congestion, weather, or other things we don’t control; or by any act of God. Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Mr Website Maker Web Hosting Service ’s owners, parent company, their agents, their customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, agents, employees or assigns of the owners of Mr Website Maker Web Hosting Service . It’s illegal for unauthorized people to intercept your domain name, its website and content but such interceptions can occur. Customer agrees to defend, indemnify and hold harmless Mr Website Maker Web Hosting Service owner/s against liabilities arising out of; (a) any injury to person or property caused by any products sold or otherwise distributed in connection with Mr Website Maker Web Hosting Service . (b) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (c) copyright infringement and (d) any defective products sold to customer from Mr Website Maker Web Hosting Service .
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose, including loss of data and downtime resulting from delays, server malfunctions, missed backups, non-deliveries, wrong delivery, expired domains and any and all service interruptions caused by our proprietors and their employees. We reserve the right to revise our policies at any time.
You represent that you’re at least 18 years old and have the legal capacity to accept this agreement. If you’re ordering for a company, you’re representing that you’re authorized to bind it, and where the context requires, “you” means the company.
ABOUT THIS AGREEMENT
A waiver of any part of this agreement in one instance isn’t a waiver of any other part or any other instance. You can’t assign this agreement or any of your rights or duties under it. We may assign all or part of this agreement or your debts to us without notice, and you agree to make all subsequent payments as instructed. Notices are considered delivered when we send them by email to any email address you’ve provided to us. If any part of this agreement is held invalid, that part may be severed from this agreement. This agreement and the documents to which it refers form the entire agreement between us on their subjects. You can’t rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this agreement, except as specifically provided by law.