W3Hosts - Premier Internet Hosting and Solutions Provider
Premier Internet Hosting and Solutions Provider

 

Terms & Conditions of Use

W3Hosts is a provider of Internet World Wide Web hosting, marketing, and development.  W3Hosts must abide by specific legal and ethical guidelines according to law and other agreements.  Please read and understand these terms and conditions before establishing business with W3Hosts.  Conducting business with W3Hosts constitutes your agreement to abide by these terms and conditions.

W3Hosts reserves the right to suspend or terminate any account, services, business agreement or contract upon W3hosts sole determination that a violation of terms and conditions, specified or unspecified, has been committed.  We reserve the right to change these terms and conditions at any time and for any reason deemed necessary by W3Hosts with noted exception.  It is the policy of W3Hosts to notify customers of violations prior to taking action, however, in some cases notification may not be possible prior to action.  For example, if your custom software is causing performance degradation of shared resources we reserve the right to disable the offending account or accounts prior to notification.  Other conditions may exist where this right is exercised.

Acceptable Use

Server software or clients of internet relay chat, robots, bulk email, unsolicited email or newsgroup posting, pornographic content, copyright infringement, trademark infringement, software dissemblers, and/or any other software or hardware deemed unacceptable by W3Hosts are not permitted.

Grossly offensive content of any kind including expressions of bigotry, hatred, racism, profanity, child exploitation, promoting harm or illegal activity is expressly prohibited.  If you believe you have received offensive content originating from W3Hosts or websites hosted by W3Hosts contact W3Hosts abuse department .

W3Hosts customers with qualifying accounts are privileged with unlimited traffic to/from internet hosts.  The following conditions apply:

  • 90% of non-HTML files must be accessible through other web pages on websites hosted by W3Hosts.
  • No more than 50% of file transfers can be graphics or executables.
  • No more than 30% of system utilization for a duration of 1 minute or more.

Traffic will not be monitored until you reach 20 GB per month.  Thereafter, normal data transfer cost of $40.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $20.00/1GB/month. You will receive a notice detailing your bandwidth over-usage. You will have 7 days to pay for your over-usage.  If you do not pay your site will be disabled 1 week after the first notification.

You may use any CGI scripts, however W3Hosts reserves the right to disable without prior notification any CGI script that effects normal server operation.  The maximum limit of SMTP sends (e-mail messages sent) per every 24 hours is 2000.  An unlimited option as an account add-on is available.  Background programs or daemons are prohibited on shared hosts.  An account option is available on a case by case review basis.

Guarantees

Referral Guarantee

W3hosts guarantees that you will receive 50%  the current month's charge minus add-ons and upgrades one-time credit on your account for referring new clients that establish an account with W3Hosts.  You must go to our referral page and register your referral no more than 30 days prior to account activation.

Price Guarantee

W3Hosts guarantees for as long as you are a continuous client, in good financial standing, and you keep renewing your contract for service, that you monthly and setup fees are locked forever.  W3Hosts may  upgrade your service with new features, additional web space,  bandwidth, etc., but your price will not increase.  This guarantee applies to all W3Hosts shared hosting accounts and dedicated servers.

30 Day Money Back Guarantee

W3Hosts customer satisfaction is our highest priority!  If you are not 100% satisfied with our services within the first 30 days W3Hosts will return a full refund of the monthly fees excluding setup fees, add-ons, overages and domain registration. Setup fees will be retroactively charged if waived or discounted in the original charge.  No refunds are available after the 30 days.

99.9% Uptime Guarantee

Applicability

This 99.9% uptime guarantee applies to all W3 Hosts clients in good financial standing with W3 Hosts at the time of a service outage.

Availability

Your web site content is available for HTTP access by any party in the world 99.9% of the time as measured at W3Hosts demarcation router.  W3Hosts is not responsible for Internet outages external to W3Hosts network.

99.9% Uptime Guarantee Credits

Credits as follows are issued anytime W3Hosts does not meet the 99.9% uptime guarantee:

For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month.

Shared Host Monthly Uptime Credit
95% to 99.8% 25%
90% to 94.9% 50%
89.9% or below 100%

For any managed dedicated server client, if the uptime is between 98.9% and 99.9% for any particular month the 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 month period. In addition, for managed dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed fifty percent (50%) of the monthly service charge for the affected month.

Minutes of continuous downtime Credit
60 25%
5+ 60 minute intervals 50%

Credit Claims

You must request credit within ten (10) days after you experience down time.  Send an electronic mail message to W3 Hosts accounting department and specify account number and dates of outage.  W3Hosts will credit your account within sixty (60) days of your approved credit request.  Credit to your account shall be your sole and exclusive remedy in the event of an outage covered by this 99.9% uptime guarantee.

Credit Claim Restrictions

Credit claims resulting from the following conditions will not be approved:

  • Scheduled maintenance as posted from time to time at W3Hosts.
  • Behavior or the performance or failure of your equipment, facilities or applications that results in an outage.
  • Circumstances beyond W3Host'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.
  •  client breaking any item in W3Host's terms, conditions and acceptable use policy.

24 Hour Setup Guarantee

New domain setup guarantee applies to the shared and dedicated server offers only.

Privacy Statement

W3hosts will not knowingly or intentionally divulge the private personal information or email addresses of clients except where necessary to provide contracted services or products to clients.  Personal, financial and other private account information is not stored on publicly accessible systems.  W3Hosts maintains account information on encrypted secure servers physically separated from publicly accessible Internet systems.  Your account may be transferred on public infrastructure however it is encrypted and viewable only by W3Hosts private encryption key holder.  All transactions with private account information are conducted over Secure Sockets Layer (SSL) and are never transmitted "in the clear" as plain text.

Should W3Hosts enter into new business relationships where this privacy guarantee standard is not met, W3Hosts will make reasonable attempt to contact clients with applicable information and offer an opportunity to modify or cancel their account.

Cancelled account information is stored on W3Hosts secure encrypted systems for historical and accounting purposes only.  W3Hosts guarantees your private account information will continue to be protected even after you cancel your account.

Advertising Guarantee

W3Hosts guarantees your freedom from unsolicited commercial advertisement (UCE) from W3Hosts and its employees by any means except where clients agree to receive.  W3Hosts policy in all cases is known as "opt-in".  You must indicate that you wish to receive such advertisement.  W3Hosts is not responsible for advertisements originating from sites other than W3Hosts.com.

If you believe you have received UCE from W3Hosts systems please forward identifying information, including SMTP message headers to W3Hosts abuse department for further investigation and possible action.

Payment Policies

Accounts are set up on a pre-pay basis only and setup fees are non-refundable.

All pricing is guaranteed for the term of pre-payment.  W3Hosts reserves the right to change prices at any time, unless other terms have been agreed upon.  Any account delinquent in payment over a period of one (1) week (7 days) of notice is subject to suspension.  The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies W3Hosts of cancellation.  All payment must be in U.S. currency.  W3Host will bill $50.00 per returned check.

Cancellation

W3Hosts reserves the right to cancel service at any time.  All fees paid in advance of cancellation will be pro-rated and paid by W3Hosts if W3Hosts institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. bandwidth, web space, etc.)

All of W3Hosts' web hosting plans are backed by a 30 day money back guarantee.  If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees and overages.  For web hosting contracts of 3 months or less, the full contract amount less any setup fees and overages will be refunded if C I Host is notified within the first 30 days following activation. No refund is available after the 30th day.  This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional POP accounts, etc.  Due to security concerns, all account cancellations must be done via our cancellation forms at http://www.w3hosts.com .  Phone or email requests will not constitute acceptance of any cancellation.  Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.

Lawful Purpose

Customers may only use W3Hosts servers and services for lawful purpose.  Transmission of any material in violation of any Federal, State or Local regulation is prohibited.  Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Tipton County, Tennessee and any dispute will be litigated or arbitrated in Tipton County, Tennessee.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD W3HOSTS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST W3HOSTS, 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 W3HOSTS AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH W3HOST'S SERVER; (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 CUSTOMER FROM W3HOST'S SERVERS.

Disclaimer

W3HOSTS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER.  W3HOSTS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE.  W3HOSTS DISCLAIMS ANY WARRANTY OR MERCHANT ABILITY 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 W3HOSTS AND ITS EMPLOYEES.  W3HOSTS RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME EXCEPT AS NOTED.


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