W3Sol's TERMS OF SERVICE
W3Solutions agrees to provide services to the Customers ("Customers"),
subject to the following Terms
Of Service ("TOS") and Acceptable
Use Policy ("AUP").
For all purposes in this Agreement, the following definitions
shall apply :
Company
"Company" shall mean W3Solutions at http://www.W3Sol.com
Customers & Subscribers
"Customers", "Subscribers", and "you"
shall mean all W3Solutions customers.
Services
"Services" shall mean any and all services provided
by W3Solutions. This includes our Hosting Solutions and any
other new services that W3Solutions provides.
The following Terms of Service (herein named TOS) applies
to all web sites/domains hosted by Services at W3Solutions.com.
The term "applies" is defined as total content of
each web site/domain, as well as "links" from any
web site/domain, or to any web site/domain.
Uptime: W3Solutions server/network uptime
has recorded to be atleast 99.5% each month. Downtime is NOT
inclusive of scheduled maintenance Or downtime caused by upgradation
of services.
Money Back Guarantee: Every W3Solutions
web hosting account comes with a 14 day money back guarantee.
The guarantee ONLY applies to web hosting. If for any reason
the customer is not satisfied within the first 14 days of
the customer's first billing date, a full refund will be issued
to the customer according to the 'Refunds' section of this
document. Refunds will NOT be issued after the 14th day of
the customer's billing date as part of W3Sol's money back
guarantee.
Payments and Fees: Establishment of any
service is dependent upon receipt by W3Solutions of stated
charges. Subsequent payments are due on the anniversary date
of the month for that month's service.
Failure to Pay: W3Solutions may temporarily
deny service or terminate this Agreement upon the failure
of Subscriber to pay charges when due. Such termination or
denial will not relieve Subscriber of responsibility for the
payment of all accrued charges. Service will be interrupted
on accounts that reach 10 days past due.
Cancellations: The customer may choose to
cancel at anytime. To cancel your account, send a support
ticket to the billing department. All cancellations within
the first 14days of service will be issued a full refund according
to the refunds section of this document. To ensure your cancellation
and avoid receiving a bill on your anniversary billing date,
you must submit cancellations 2 days prior to anniversary
billing date. If you choose to re-sign up after cancellation,
you must repay the first month's setup fee.
New Accounts: All new web hosting accounts
will be setup within 24 hours of receipt of payment. If W3Solutions
takes longer than 72 hours to setup an account, a full refund
will be issued to the customer according to the 'Refunds'
section of this document.
Bandwidth and Disk Usage: Customer agrees
that bandwidth and disk usage shall not exceed the number
of gigabytes or megabytes per month for the Services ordered
by Customer. W3Solutions will monitor Customer's bandwidth
and disk usage and the customer's account will be suspended
upon exceeding bandwidth limit. If incase the customer has suscribed for overselling, not more than 250% of the originaly purchased diskspace has be oversold.
Server Email: W3Solutions takes a zero tolerance
approach to the sending of spam email using W3Sol's servers
or network. Customers may not use or permit others to use
our network to transact in spam emails. Customers may not
host, or permit hosting of, sites or information that is advertised
by spam from other networks. Violations of this policy will
result in termination of service without any refund.
System and Network Security: Users are prohibited
from violating or attempting to violate the security of any
network. Violations of system or network security may result
in civil or criminal liability. W3Solutions will investigate
such occurrences and cooperate with law enforcement authorities
in prosecuting Customers who are involved in such violations.
These violations include, without limitation:
- Accessing data not intended for Customer or logging into
a server or account that Customer is not authorized to access.
- Attempting to scan, probe, or test the vulnerability
of a system or network.
- Attempting to breach security or authentication measures
without proper authorization.
- Attempting to interfere with service to any user, host
or network, including but without limitation, via means
of overloading, "flooding", "floating",
"hacking", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header
information in any e-mail.
- Taking any action in order to obtain services to which
Customer is not entitled.
Notification of Violation:
W3Solutions is under no duty to look at each customer's or
user's activities to determine if a violation of the
AUP has occurred, nor do we assume any responsibility
through our AUP to monitor or police any internet-related
activities.
Service Cancellation, Deactivation, or Suspension:
W3Solutions reserves the right to cancel, suspend, or deactivate
Customer's account when account is suspected of violation
until investigation is over. W3Solutions is under no duty
to notify Customer of violations.
Account Violation:
If activity on a customer's account conflicts or violates
TOS or AUP, W3Solutions
reserves the right to modify, suspend or terminate Customer's
account and data in order to adhere to TOS
and AUP.
Refunds:
ALL refunds will be made with transaction fees deducted. Transaction
Fees may vary from 8 to 12 percent of the invoice value. Refunds
may take from 7 to 15 days. Customer's are eligible to claim
refunds only and only if w3solutions lacks services, support,
there is either a downtime or server failure (see uptime gurantee).
TOS & AUP Revisions:
W3Solutions reserves the right to modify the Terms
of Service and Acceptable
Usage Policy at any time without prior notice to the customer.
All customers must adhere to both documents. Customer is responsible
for account's data and activities, including, without limitation,
Customer's users actions. Failure to comply with the TOS or
AUP will result in account suspension or termination.
Indemnification Policy:
W3Solutions reserves the right to refuse or terminate W3Sol's
services to anyone for any reason not prohibited by law. You
agree to use services provided by W3Solutions at your own
risk. W3Solutions is not responsible for, and specifically
disclaims all warranties, of merchantability, commercial damage,
or data loss due to, but without limitation: system breach,
hard drive failure, system failure, or any special, incidental,
consequential or other damages.
Customer agrees that it shall defend, indemnify, save and
hold W3Solutions harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney’s
fees asserted against W3Solutions, its agents, its 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, it’s agents, employees
or assigns. Customer agrees to defend, indemnify and hold
harmless W3Solutions against liabilities arising out of:
- any injury to person or persons caused by products or
data sold or distributed by Customer's web site or in connection
with W3Solutions server;
- any material supplied by customer infringing or allegedly
infringing on the proprietary rights of a third party;
- copyright infringement;
thoughts, words, content, or actions causing injury to person
or persons;
- any defective products sold to customer from a W3Solutions
server.
W3Solutions shall be the sole arbiter as to what violates
this Policy.
W3Solutions is not responsible for the content of any other
web sites linked to the W3Solutions servers; links are provided
as Internet navigation tools only. W3Solutions disclaims any
responsibility for any such inappropriate use and any liability
to any person or party for any other person or party's violation
of this policy.
W3Solutions is not responsible for any damages your business
may suffer. W3Solutions does not make implied or written warranties
for any of our services.
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