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All users of WebHostingPad services, and all customers upon signing
up for WebHostingPad services, agree to comply with WebHostingPad
Terms of Use ("TOU"). The spirit of the TOU is to ensure
customers are using WebHostingPad services with due regard to the
rights of other Internet users and in conformity with the requirements
of WebHostingPad network environment. The TOU are not exhaustive
and WebHostingPad reserves the right to add, delete, or modify any
provision of its TOU at any time without notice, effective upon
either the posting of the modified TOU to www.webhostingpad.com
or notification of the modified TOU. Any complaints about a customer's
violation of the TOU should be sent to abuse@webhostingpad.com.
Please see our abuse terms for more
details on abuse policy and our new Unlimited Plan Quota.
When you agree to the terms, you are also agreeing to our Billing
terms. Click here for more info
on our billing terms. Except when expressly agreed to the contrary
in writing by an authorized representative of WebHostingPad, this
TOU supersedes any other agreement with WebHostingPad, whether written,
oral, by conduct, or otherwise.
WebHostingPad Web Hosting Customer Restrictions
Server Resources
Any Web site that uses a high amount of server resources (such as,
but not limited to, CPU time, memory usage, and network resources)
will be given the option to reduce the resources used to an acceptable
level, or upgrade its service to a VPS plan. WebHostingPad
will be the sole arbiter of what is considered to be a high server
usage level. Please see our abuse terms for a detailed listing of our resources. Any Web Hosting account deemed to be adversely affecting
server performance or network integrity will be shut down without
prior notice.
| Spamming |
Sending unsolicited bulk and/or commercial messages over
the Internet (known as "spamming") is prohibited, regardless of whether
or not it overloads a server or disrupts service to WebHostingPad customers. The
term "spamming" also includes, but is not limited to, maintaining an
open SMTP policy, engaging in spamming using the service of another ISP or IPP
and referencing in the spam a Web site hosted on a WebHostingPad server, and selling
or distributing software (on a Web site residing on a WebHostingPad server) that
facilitates spamming. Violators will face immediate suspension. WebHostingPad
reserves the right to determine, in its sole and absolute discretion, what constitutes
a violation of this provision.
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Uptime Guarantee | Webhostingpad.com
guarantees that your website will be up and running at least 99.9% of the time
during any given 12-month period. This guarantee includes network uptime, server
uptime, web server and service uptime. It does not cover any areas where Webhostingpad.com
has no direct influence, such as backbone provider failures, fibre-optic main
line cuts, DNS or Domain Registrar issues with subscriber's domain name, connection
issues between the client's location and Webhostingpad.com data center. This uptime
guarantee is also not applicable if the service interruption was caused by external
issues such as Acts of God, Wars or any other natural or unnatural events that
Webhostingpad.com cannot directly influence.
To request a service credit
due to an uptime concern, please submit a request for this guarantee via Webhostingpad.com's
support ticket system at http://support.webhostingpad.com/index.php?_m=tickets&_a=submit
If
requesting a "service credit" we ask that the client briefly explains
the reasons for doing so. Include any documentation supporting your request.
| | IRC | WebHostingPad
does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.
| | Software Distribution & Gaming |
WebHostingPad Web Hosting and Ecommerce accounts are not
configured for the purposes of distributing software and/or multimedia products.
Running any onliine gaming is prohibited due to intense CPU and memory usage.
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| Ownership of Web Site | The
legal owner of customers' Web sites and accounts with WebHostingPad will be the
individual or organization whose name is listed in WebHostingPad database as the
owner. Customers will fully cooperate with and abide by any and all of WebHostingPad
security measures and procedures in the event of any dispute over ownership of
customers' Web sites and accounts with WebHostingPad.
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| Illegal Use | WebHostingPad
servers may be used for lawful purposes only. Transmission, storage, or distribution
of any information, data, or material in violation of any applicable law or regulation,
or that may directly facilitate the violation of any particular law or regulation
is prohibited. This includes, but is not limited to: copyrighted material; trademarks;
trade secrets or other intellectual property rights used without proper authorization;
material that is obscene, defamatory, constitutes an illegal threat, or violates
export control laws. Additionally, in purchasing WebHostingPad services, all WebHostingPad
customers certify that they and/or the organization they represent in procuring
services from WebHostingPad are not, nor have been designated, a suspected terrorist
as defined in Executive Order 13224; are not owned or controlled by a 'suspected
terrorist' as defined in Executive Order 13224; and are not on, are not a member
of, related to, associated with, or controlled by any organizations on the list
contained in the Annex to Executive Order 13224 and all updates thereto.
| | Copyright Violations |
The Digital Millennium Copyright Act ("DMCA")
sets forth the law regarding the use of copyrighted materials on the Internet.
All WebHostingPad customers are subject to the requirements of the DMCA. Individuals
or entities submitting notifications of copyright infringement by a WebHostingPad
customer (per the DMCA) to WebHostingPad must follow the below procedures. Customers
who are the subject of a DMCA notification that meets the below criteria may be
subject to account termination at WebHostingPad sole discretion. DMCA
Copyright Infringement Notification Requirements: - Physical
or electronic signature of the copyright owner or a person authorized to act on
the copyright owner's behalf (the "Claimant").
- Identification
of the copyrighted work(s) claimed to have been infringed.
- Identification
of the material claimed to infringe the copyright(s), and enough information for
WebHostingPad to locate it including URLs and specific descriptions of the infringing
material at each URL.
- The Claimant's name, address, and telephone number(s).
- A
statement that the Claimant has a good faith belief that use of the disputed material
is not authorized by the copyright owner or his agent.
- A statement, under
penalty of perjury, that the information in the notification of copyright infringement
is accurate and that the Claimant is authorized to act on behalf of the copyright
owner.
- Send the notification via mail to:
Web Hosting Pad
Corporation
Legal Department - DMCA Complaints
5005 Newport Dr Suite
503
Rolling Meadows, IL 60008
The DMCA contains very
specific guidelines as to what proper notification of claimed infringement must
contain. Copyright owners may obtain a copy of the DMCA, including these guidelines,
by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512. WebHostingPad
is not required to respond to notices that do not meet the requirements of the
DMCA. Copyright owners should be aware that there are substantial penalties for
false claims and that WebHostingPad will actively refer complainants who use the
DMCA for improper purposes to relevant law enforcement agencies. In the
event that WebHostingPad must remove, or disable access to, material on your web
site that is alleged to infringe another's copyright under the DMCA, you acknowledge
and agree that WebHostingPad may do so by disabling access to your entire web
site. | | Child Pornography
and Pornography | The use of WebHostingPad
services to store, post, display, transmit, advertise or otherwise make available
child pornography is prohibited. WebHostingPad is required by law, and will, notify
law enforcement agencies when it becomes aware of the presence of child pornography
on, or being transmitted through, its services.
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Indemnification | WebHostingPad customers
agree to protect, defend, hold harmless, and indemnify WebHostingPad, any third
party entity related to WebHostingPad (including, without limitation, third party
vendors), and WebHostingPad executives, directors, officers, attorneys, managers,
employees, consultants, contractors, agents, parent companies, subsidiaries, and
affiliates, from and against any and all liabilities, losses, costs, judgments,
damages, claims, or causes of actions, including, without limitation, any and
all legal fees and expenses, arising out of or resulting in any from the customer's
use of WebHostingPad services.
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Disclaimer | The WebHostingPad service
is provided on an as is, as available basis without warranties of any kind, either
express or implied, including, but not limited to, warranties of merchantability,
fitness for a particular purpose or non-infringement. WebHostingPad expressly
disclaims any representation or warranty that the WebHostingPad service will be
error-free, secure or uninterrupted. No oral advice or written information given
by WebHostingPad, its employees, licensors or the like, will create a warranty;
nor may you rely on any such information or advice. WebHostingPad and its partners
and suppliers will not be liable for any cost or damage arising either directly
or indirectly from any transaction or use of the service.
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| LIMITATION OF LIABILITY |
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT,
AND UNDER NO THEORY OF LAW OR EQUITY, WILL WEBHOSTINGPAD (INCLUDING, WITHOUT LIMITATION,
WEBHOSTINGPAD'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES,
CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES,
THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED
IN CREATING, PRODUCING, OR DISTRIBUTING WEBHOSTINGPAD'S SERVICES, BE LIABLE FOR
THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE,
EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR WEBHOSTINGPAD SERVICES,
OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL,
PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY
TO USE, ANY WEBHOSTINGPAD SERVICES EVEN IF WEBHOSTINGPAD HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. WEBHOSTINGPAD'S TOTAL CUMULATIVE LIABILITY, IF ANY,
TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR
WEBHOSTINGPAD'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE,
ANY ACT OR OMISSION BY WEBHOSTINGPAD OR WEBHOSTINGPAD'S REPRESENTATIVES, OR UNDER
ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE
ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO
SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO
THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
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| Modifications | WebHostingPad
may discontinue, upgrade, replace, modify, or change in any way, without limitation,
any software, application, program, data, hardware, equipment, or portions or
components thereof, used to provide customers with WebHostingPad services. Certain
changes to WebHostingPad services may affect the operation of customers' personalized
applications and content. Each customer is solely responsible, and WebHostingPad
is not liable, for any and all such personalized applications and content, except
as expressly agreed to by WebHostingPad.
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Backup of Data | Except where WebHostingPad
has expressly agreed in writing to the contrary, customers are solely and entirely
responsible, and WebHostingPad is in NO way responsible, for the management and
backup of all customer data, and all updates, upgrades, and patches to any software
that customers use in connection with WebHostingPad services. Webhostingpad servers
are also NOT be used as a backup storage and is only intented for hosting web
files.
| | Governing Law and
Severability | The TOU, and any other agreement
for WebHostingPad services, will be governed by and construed in accordance with
the laws of the State of Illinois, USA without reference to its conflicts of laws
principles. Any litigation or arbitration between a customer and WebHostingPad
will take place in Illinois, and the customer will consent to personal jurisdiction
and venue in that jurisdiction. If any provision or portion of the TOU or other
WebHostingPad agreement is found by a court of competent jurisdiction to be unenforceable
for any reason, the remainder of the TOU or the agreement will continue in full
force and effect.
| | Independent
Contractors | Nothing in this Agreement
will be construed as creating a partnership or relationship of employer and employee,
principal and agent, partnership or joint venture between WebHostingPad and its
customers. Each of WebHostingPad and its customers will be deemed an independent
contractor at all times and will have no right or authority to assume or create
any obligation on behalf of the other, except as may be expressly provided herein.
| | Construction and Interpretation |
Wherever in this TOU the masculine, feminine, or neuter
gender is used, it will be construed as including all genders, and wherever the
singular is used, it will be deemed to include the plural and vice versa, where
the context so requires. The division of the TOU into sections/paragraphs, and
the insertion of headings/captions, are for convenience of reference only and
will not affect the construction or interpretation of the TOU. Any rule of construction
to the effect that any ambiguity is to be resolved against the drafting party
will not be applicable in the construction or interpretation of the TOU.
| | Complete Agreement and Exclusivity |
The TOU, and/or any other specific agreement for WebHostingPad
services, constitutes the complete understanding and agreement between WebHostingPad
and its customers. Except when expressly agreed to the contrary in signed writing
by an authorized representative of WebHostingPad, the TOU supersedes any other
written (including digitized/computerized) agreement, oral agreement, and/or agreement
by conduct. This TOU, and/or any other specific agreement for WebHostingPad services
is between WebHostingPad and its customers only and will not confer any rights
in any third party except as otherwise expressly provided by WebHostingPad.
Refusal of Service
We reserve the right to refuse, cancel
or suspend service at our sole discretion. All sub-networks, distributive hosting
sites of webhostingpad.com must adhere to the above policies. |
| Billing and Renewal Terms | We list out a complete and detailed term for our billing terms. Click here for more info
on our billing terms |
| Third Party Providers | You
agree that certain services may be provided by third party providers of WebHostingPad
and that your use of such services may be subject to further agreements, policies,
terms, and conditions in addition to those contained or referenced in this Agreement. |
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