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WebTent Usage Terms and Conditions
Privacy About WebTent

The following Usage Terms and Conditions are related to web hosting, email and any other service provided by WebTent. There are our additional Terms and Conditions for our domain name registration services.

The use of services from WebTent Networking, Inc. [hereafter referred to as "WebTent"] is an agreement entered into by and between you and WebTent.

  1. Your Customer Account Information
    We will setup your account upon request once it is received and processed through our systems for identifying fraud and/or abuse. It is your responsibility to provide us with an email address which can be used to contact you prior to your account being established or setup. If we determine there is an abuse issue with the services provided to you or we need to contact you, this primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered by WebTent, it is your responsibility to ensure that the contact information for your account and your actual domain name registration information is correct and up-to-date. WebTent is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact us via email. Providing false contact information of any kind may result in the termination of your account. In some cases, WebTent might find it necessary to have you provide government issued identification and possibly a scan of the credit card used for the purchase. You may also review our Privacy Policy in regards to your customer account information.
  2. Content
    All services provided by WebTent may only be used for lawful purposes and all state and federal laws apply.

    The customer agrees to indemnify and hold harmless WebTent 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 unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access disabled to the material. If you believe that your copyright or trademark is being infringed upon, please email abuse@webtent.net with the specifics of the infringment.

    Using a shared hosting account to backup your content or other data is prohibited with the exception of backups provided by the WebTent control panel(s).

    The following material are examples of unacceptable content to be stored on all shared and reseller hosted systems by WebTent:
    • Topsites
    • IRC Scripts/Bots
    • Proxy Scripts/Anonymizers
    • Pirated Software/Warez
    • Image Hosting Scripts (similar to Photobucket or Tinypic)
    • AutoSurf/PTC/PTS/PPC sites
    • IP Scanners
    • Bruteforce Programs/Scripts/Applications
    • Mail Bombers/Spam Scripts
    • Banner-Ad services (commercial banner ad rotation)
    • 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)
    • Mailer Pro
    • Broadcast or Streaming of Live Sporting Events without specifically written charges for such
    The following material are examples of unacceptable content to be stored on any hosted systems by
    WebTent:
    • IRCD (irc servers)
    • IRC Scripts/Bots
    • Pirated Software/Warez
    • IP Scanners
    • Bruteforce Programs/Scripts/Applications
    • Mail Bombers/spam Scripts
    • Escrow
    • 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
    • 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)
    • Mailer Pro
    • Broadcast or Streaming of Live Sporting Events without specifically written charges for such


    WebTent services, including all related equipment, networks and network devices are provided only for authorized customer use. WebTent 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 WebTent 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. WebTent 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. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

    Failure to respond to 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 troubleticket/email and will have a response within 48 hours.

    Sites hosted on WebTent's service(s) are regulated only by U.S. law. 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. WebTent is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, we rely on the legal system and courts to determine whether or not material is 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 US 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 like WebTent 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 person or entity who creates or publishes the content. WebTent shall not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under WebTent's web hosting service(s).

    If you are not sure if your site or service is acceptable, please contact us and we will be happy to assist you.

    We will suspend/disable with or without notice any site which is in question of unacceptable or abusive allegations and will notify you or any reseller of your account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of any account. Any violations will be reported to the appropriate law enforcement agency.

    It is your responsibility to ensure that scripts/programs installed by any authorized user of your account are secure and permissions are set properly, regardless of installation method. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a secuity or abuse issue arises due to your use of a weak password, your account may be suspended or automatically reset by our staff with a more secure password and you will be notified. Audits may be done 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.
  3. Zero Tolerance Spam Policy
    We have a zero tolerance stance against sending of unsolicited commercial email (UCE), bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

    WebTent reserves the right to deny service for any domain or listed on reputable spam lists or any organization or entity listed in the ROKSO. This provision includes, but is not limited to UCE sent via fax, phone, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

    WebTent reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

    WebTent reserves the right to charge the holder of the account used to send any UCE a clean up fee or any charges incurred for blacklist removal. This amount of any clean up fees is at the discretion of WebTent.
  4. Payment Information
    You agree to supply appropriate payment for the services received from WebTent, in advance of the time period during which such services are provided. You agree that until and unless you notify WebTent of your desire to cancel any or all services received, those services will be billed on a recurring basis where applicable, such as all web services.

    Cancellations must be done in writing via our support ticketing system. Once we receive your cancellation ticket and have confirmed all necessary information with you via e-mail, we will inform you via email that your account has been canceled. Your cancellation confirmation will be the ticket/tracking number to be used for verification purposes. You should immediately receive an automatic response to your ticket submission via email with ticket number. Your cancellation for billing purposes will be effective according to the date and time of such ticket creation and any unused services will remain a credit on your account until used, WebTent does not refund unused paid service. It is your responsibility to contact us by phone or in writing if you do not receive the automatic confirmation email within a few minutes of submitting your cancellation. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed by permanent deletion according to our privacy policy, and (c) to document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that all content related to your account may be removed immediately after the cancellation request is processed.

    Payment for any service provided by WebTent is your acknowledgement and understanding of all descriptions of service and expiration dates listed on the paid invoice and/or receipt. As a customer of WebTent, 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 WebTent of your desire to cancel any or all services, those services will be billed on a recurring basis upon their listed expiration date, unless otherwise stated in writing by WebTent. WebTent reserves the right to bill your credit card or billing information on file with us. WebTent provides a minimum 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice past due more than 10 days will result in account suspension until account balance has been paid in full and your account is completely current. Any account is subject to de-activation after more than 15 days past due. A $25 re-activation fee will be charged to any reinstated account. Access to the account will not be restored until payment has been received.

    Any renewal notices, including domain name renewals, and invoices are provided as a courtesy reminder and WebTent cannot be held responsible for failure to renew a service until payment has been received for that service. It is the responsibility of the customer to ensure domain name renewal, WebTent cannot be held responsible for failure to notify a customer about a domain name renewal.

    Domain renewals setup on AUTO-RENEW status are billed 30 days before the renew date. It is the customer's responsibility to notify WebTent for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.

    Invoices that have been paid more than once can only be added as credit towards the account and cannot be refunded unless in the case of duplicate billing by WebTent.

    If your service includes pricing for a minimum about of time, such as 12 months of service, you will be responsible for the entire term if canceled or due to any violation of this agreement.

    WebTent reserves the right to change subscription rates for any services provided, including payment amount and any other charges, at anytime.
  5. Backups and Data Loss
    Your use of services provided by WebTent is at your own risk. WebTent performs nightly backup and maintains this backup and the previous night backup only. This service is provided to you as a courtesy and WebTent 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 WebTent servers. Additional backup services are available, but only performed as described on your paid invoice or sales receipt.
  6. Resource Usage
    Any user is in violation of this Usage Terms and Conditions and subject to immmediate account suspension with notification when you do any of the following:
    • Use 25% or more of system resources for longer then 90 seconds. Activities that could cause such problems include scripts, HTTP or FTP transfers, etc.
    • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
    • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared web hosting accounts.
    • Run any software that interfaces with an IRC (Internet Relay Chat) network.
    • 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.
    • Participate in any file-sharing/peer-to-peer activities.
    • Run any gaming servers.
    • Run cron entries not as specified on your billing invoice or sales receipt.
    • Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
    • 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")
    • To help reduce usage, do not force html to handle server-side code (like php and shtml).
    • Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
  7. Disk Usage
    The use of more than 200,000 inodes on any shared web hosting 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, such as a webpage, image file, mailbox, etc. on your account is equal to one (1) inode.

    Sites 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 or reaching disk quotas seems to be due to users implementing a catchall address and never checking that mailbox or leaving Webmail folders unmaintained including Sent and Trash folders. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past your quota or our inode limit. You can disable your mailbox in the control panel.

    WebTent is not responsible for loss of mail due to being rejected because of your account reaching its disk quota. It is the customers responsibility to be aware of quota restrictions on their account according to their billing invoices or sales receipt and manage their accounts to prevent from reaching account quotas. Disk Usage is available for viewing in your account control panel.
  8. Backup Limit
    Any shared account using more than 10 gigs of disk space will be removed from our backup with the exception of databases. All data is mirrored to a secondary drive or disk array which helps protect against data loss in the event of a drive failure.
  9. Bandwidth Usage
    Should your account pass any stated allocated amount of bandwidth usage, 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.
  10. Money back Guarantee and Price Guarantee
    On dedicated servers no full refund will be honored -- our money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all. The amount you pay for hosting will never increase from the date of activation. Re-activated acccount are subject to new pricing. We reserve the right to change pricing for new accounts and the increase the amount of resources given to new accounts at any time.

    All other WebTent hosting services carry a 30 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of that paid amount. This only applies to recurring hosting service and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name registration.

    WebTent will not activate new orders or activate new packages for customers who have a past due balance.
  11. Uptime Guarantee
    If your hosting service 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 WebTent 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 WebTent with justification. All requests must be made in writing via email.
  12. Managed Servers
    WebTent reserves the right to reset the password on any managed server, including Managed VPS or 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 managed server on file to prevent downtime from forced password resets. WebTent reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. NO servers are backed up by us unless specified on your billing invoice or sales receipt and it is the responsibility of the client to maintain backups or have a solution for this. Please contact WebTent if you wish to obtain a secondary disk drive for performing your own backups.
  13. Coupons
    Discounts and coupon are reserved for new accounts only and may not be used towards the purchase of domain name registration or renewal unless otherwise specified. If you have signed up using a particular domain, you may not resign up for the domain using a 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 issued. 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.
  14. Indemnification
    Customer agrees that it shall defend, indemnify, save and hold WebTent harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against WebTent, its agents, its customers, officers, partners or subcontractors and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless WebTent against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with WebTent; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from WebTent's server.
  15. Arbitration
    By use of any WebTent services, you agree to submit to binding arbitration. If any disputes or claims arise against WebTent or its subsidiaries, such disputes will be handled by an arbitrator of WebTent's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Florida. 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.
  16. Disclaimer
    WebTent shall not be responsible for any damages your business may suffer. WebTent makes no warranties of any kind, expressed or implied for services we provide. WebTent disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by WebTent and its employees or associates.
  17. Disclosure to law enforcement
    WebTent 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.
  18. Changes to these Terms and Conditions
    WebTent reserves the right to revise its policies at any time without notice. Check back here for our current Usage Terms and Conditions.
 

Wednesday, Oct 18th, 2017 6:11pm EDT
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