• Any information collected will be stored with Wherrelz or destroyed once its use is complete at Wherrelz's sole discretion.
• Wherrelz shall not, for any reason, share this information with anyone except as required by law enforcement. This information shall not be sold by Wherrelz, traded for any form of profit or provided to others.
• You will be sent automated emails once a month at the end of the payment cycle if relevant to you. Payment cycles begin on the 1st of every month, and complete on the last day of the month.
• No other emails shall be sent out to members except transactional information
This Acceptable Use Policy is an agreement between Wherrelz IT Solutions (The Company) and You (The User). All dealings between The Company and The User MUST adhere to these norms.
Acceptable Use Policy (AUP) - Hosting Users Only
'The Company' provides World Wide Web page hosting, Marketing, and Development. 'The Company' has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.
'The Company' general policy is to act as a provider of Internet presence. 'The Company' reserves the right to suspend or cancel a customer's access to any or all services provided by 'The Company' when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server or customer of 'The Company' is strictly prohibited.
'The Company' will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by a 'The Company' customer, whether or not the attacked account or computer belongs to 'The Company', will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - 'The Company' has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy-relaying and/or anything else determined by 'The Company' to be unacceptable use of 'The Company''s services including abuse of server resources.
Shared hosting accounts may be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18 years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Abuse of Disk Usage
'The Company' will not tolerate abuse of account’s disk usage. At least 90% of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on 'The Company''s server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to files deletion or account cancellation at the discretion of 'The Company' management, with or without prior notice.
For those that do not qualify for the unlimited service, disk space will go unmonitored until you reach the amount of quota allocated to your specific web hosting plan. Thereafter, normal website data storage costs $0.20/1MB/month will be billed to your account. If you want to pre-pay for disk space overages, you will be billed $0.10/1MB/month.
You will have 3 days to pay for your overages. If you do not pay for your overages your site will be disabled within 3 days of your first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or 'The Company' has the sole decision to deactivate any and all servers.
'The Company' will be the sole arbiter as to what constitutes a violation of this provision.
Abuse of Traffic
'The Company''s customers are privileged to be offered unlimited traffic for their web sites. The intention of 'The Company' is to provide a large bandwidth to transfer web documents, and not an off site storage area for electronic files. Any customer who violates 'The Company''s Policies in abusing site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.
For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach the amount of quota allocated to your specific web hosting plan. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $5.00/1GB/month.
You will have 3 days to pay for your overages. If you do not pay for your overages your site will be disabled within 3 days of the first notice. This does not apply to co-location clients. Co-location clients will be billed for overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billed otherwise 'The Company' has the sole decision to deactivate any and all servers.
'The Company' will be the sole arbiter as to what constitutes a violation of this provision.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.
'The Company' takes a zero-tolerance approach to spam originating from its servers or for spam advertising of domains hosted within our network. We will charge the compromised account up to $25 per unsolicited email message sent and delete the suspected account with any prior notice.
The following activities are not allowed: Unsolicited bulk or commercial messages ("spam"), which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
In addition, we do not allow clients to send more than 2,000 pieces of e-mail per day from a shared hosting account. If you do send more than 2,000 pieces of e-mail per day, your account will be deleted without prior notice.
Note: If you use the services of another provider to promote a web site hosted by or through 'The Company' (spamvertising), then the provisions of the above policy shall apply as if the spam were sent through our servers.
99.99% Uptime Guarantee
(1.) Coverage - This 99.99% uptime guarantee applies to any 'The Company' client in good financial standing with 'The Company' at the time of a service outage.
(2.) Service Level Agreement & Specifications - 'The Company' endeavors to have the content of your web site available for http access by any party in the world 99.99% of the time. Network downtime (unavailability) is defined as 100% packet loss from 'The Company' to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via 'The Company''s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the 'The Company' NOC. 'The Company''s administrators will determine the end of the downtime by a traceroute to the customer's machine from outside the 'The Company' network.
(3.) Credits a. Shared Hosting - In the event that your web site is not available for less than 100%, 'The Company' will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and calculated as below measured 24 hours a day in a calendar month, with the maximum credit not exceeding fifty percent (50%) of the monthly service charge for the affected month. Monthly Uptime Credit:
95% to 99.9% your account will be credited 10% of your monthly hosting fee
90% to 94.9% your account will be credited 20% of your monthly hosting fee
89.9% or below your account will be credited 50% of your monthly hosting fee
b. Managed Dedicated Servers - For managed dedicated server customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that monthly period. In addition, for managed dedicated servers, customers may be entitled to additional credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to exceeding twenty-five percent (25%) of the monthly service charge for the affected month. Minutes of continuous downtime Credit 60 10% 5+ 60 minute intervals 25%
In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to billing at wherrelz.com. For security, the body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by 'The Company'. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage and is not cashable or transferreable.
(4.) Restrictions. Credit shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at 'The Company', (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond 'The Company''s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in 'The Company''s "terms of conditions and acceptable use policy" causing a machine to fail as a result.
No Limit Domains
The No Limit Domains plan that 'The Company' provides allows customers to host unlimited domain names on conditions that customers’ domain names are registered under a single ownership name and that the administrator email and address matches on every domain names that customers own. 'The Company' will remove a domain name that is found to be under a different ownership name and/or administrator email and/or address from the one that is originally registered by the customer without any prior notice.
Each shared web hosting account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal shared server operation without prior warning. (this section does not apply to managed dedicated servers)
We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with 'The Company'. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides 'real-time' chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB or similar forum scripts are acceptable.
'The Company' installed and provides special file-servers in our network infrastructure for the benefit of every customer as a means of storage for electronic files and applications that are not dynamically generated and is downloadable in nature. Files such as MP3, AVI, MID, MIDI, MPG, MPEG, MOV, ZIP, RAR, EXE and anything else 'The Company' deemed as downloadable and not dynamically generated scripting languages are to be stored within these file-servers, away from the web-servers. This policy does not apply for image files formats such as JPG, JPEG, GIF, PNG, and BMP.
In addition, all electronic files stored within 'The Company'’s file-servers must be legally-owned and accompanied with a valid license. This include and not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should 'The Company' found any unlicensed and/or illegal files within the Customer’s account, the files will be subjected to deletion without any further notifications.
File-servers will not be backed up. Customers are advised to have their own backup locally or elsewhere other than within the servers of 'The Company'. Any Customer found to not adhere to this policy will result in the offending material(s) be deleted from Customer’s hosting account without any prior notice.
Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (this section does not apply to managed dedicated servers)
We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. YOU can however, install IRC clients on managed dedicated servers. The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited.
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. 'The Company' reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all fees owed on the account from the time it was established to the time that the customer notifies 'The Company' at billing at wherrelz.com to request for termination of services. All payment is in U.S. currency. 'The Company' will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All 'The Company' accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a $50.00 fee. Please contact the billing department at billing at wherrelz.com should you wish to change your anniversary billing cycle
Intellectual Property Rights
Material accessible to you through 'The Company''s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, you must not use 'The Company' or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the 'The Company' network. If you use a domain name in connection with 'The Company' or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the 'The Company' network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. 'The Company' will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
You will be solely responsible for the development, operation and maintenance of your online store and products along with all content and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
Static / Dynamic Content Caching
You expressly (i) grant to 'The Company' a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by 'The Company' under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
IP Address Ownership
'The Company' shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by 'The Company'. 'The Company' reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration
Customer agrees to pay 'The Company' prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the 'The Company' price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. 'The Company' reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from 'The Company' to the email address indicated in Customer's registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by 'The Company') in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to 'The Company' as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. 'The Company' will reinstate Customer's domain name registration solely at 'The Company''s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
It is the customer's sole responsibility to ensure that the domain's registrant / administrative email is valid at all times, and 'The Company' will only be sending a renewal notification to the registrant / administrative email.
Customer agrees to act to the renewal notification by renewing the domain name by paying a renewal fee, regardless of auto-renewal requests in the hosting control panel or DNR account.
Should the domain expire or fall into Redemption Period, customer is required to contact 'The Company' at billing at wherrelz.com regarding the renewal and agree to pay the fee as outlined by 'The Company'.
Transfer domain registrar to 'The Company'
Customer agrees to pay 'The Company' prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the 'The Company' price schedule for the initial transfer request of the domain name.
Customer agrees and acknowledges that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
No response from the Registered Name Holder or Administrative Contact
Domain name in Registrar Lock Status
Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
'The Company' reserves the right to change or to institute new transfer fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be transferred unless and until we receive actual payment of the transfer fee, and have confirmed Customer's transfer request in an email from 'The Company' to the email address indicated in the Customer's domain management account.
In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by 'The Company') in connection with the payment of the transfer fee for the Customer's domain name transfer request, Customer agrees and acknowledges that the domain name transfer shall be transferred to 'The Company' as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to reject the domain name transfer request. 'The Company' will reinstate Customer's domain name transfer solely at 'The Company''s discretion, and subject to our receipt of the initial transfer fee and our then-current reinstatement fee.
Transfer domain registrar away from 'The Company'
'The Company' reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
No response from the Registered Name Holder or Administrative Contact
Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
Customer agrees and acknowledges that the failure or success of a domain name transfer will be his/her sole responsibility, and 'The Company' will not be held liable for the failure of a domain name transfer for any reason.
SMTP Mail Server Abuse
We do not allow YOU to send outbound mail to more than 20 recipients at any one given time and/or more than 1,000 pieces of e-mail per day from a shared hosting account with a maximum filesize of 20MB per email message. If YOU violate 'The Company's policies persistently in email activities, YOUR account will be suspended and deleted.
'The Company' reserves the right to refuse service to anyone. YOU may only use 'The Company' server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of 'The Company' management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that 'The Company' may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Fremont, California, and any dispute will be litigated or arbitrated in Fremont, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL 'The Company'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD 'The Company' HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST 'The Company', 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 THE CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS 'The Company' AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH 'The Company''S SERVER; (2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM 'The Company''S SERVER.
Services purchased from 'The Company' that have already been delivered shall be non-refundable. Hosting services may be refunded in a pro-rated manner if the discontinuation was due to deficiency in the services provided by 'The Company'. Any recurring services shall remain non-refundable till the point of last payment.
'The Company' WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. 'The Company' MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. 'The Company' DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY 'The Company' AND ITS EMPLOYEES. 'The Company' RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF 'The Company' MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
'The Company' follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.
Affiliate and Referrals
Customers subcribing to 'The Company''s web hosting plans through its Affiliates are not entitled to any refund policies that is available under normal circumstances, including policies under the 30-days Money Back Guarantee, 2-Years Money Back Guarantee and any refunds for unused credits on the remaining months of Customer's contract.