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Terms & Condition
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.
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.
Webhostingpad.com guarantees that your website will be up and running at least 99% of the time during any given 12-month period. This guarantee includes network and web server 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, denial of service attacks, or connection issues between the client's location and the Webhostingpad.com data center, including, but not limited to, internet service provider blockages, browser caching issues, IP blocks, etc. 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. Uptime is monitored within webhostingpad's server and any third party monitoring software will not be honored.
In the event that WebHostingPad.com does not meet the 99% uptime guarantee a hosting credit will be issued to the customer's web hosting account. Credit added will be 1 additional month of hosting for every 8 hours of downtime that exceeds the 99% guarantee.
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. This includes but is not limited to file sharing, torrents, warez, and pirated material.Running any online gaming is prohibited due to intense CPU and memory usage.
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.
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.
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
Legal Department - DMCA Complaints
318 Half Day Rd.
Buffalo Grove, IL 60089
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.
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.
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.
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.
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.
Backup of Data & Backup on Demand
Except where WebHostingPad has expressly agreed in writing to the contrary, customers are solely and entirely responsible for the management and backup of all hosting account data, as well as any and all updates, upgrades, and patches to any software or scripts that customers use in connection with WebHostingPad services. Webhostingpad is in no way responsible for keeping any files, databases, or any other web hosting data backed up. WebHostingPad servers are not intended as backup servers and customers services may be suspended at the sole discretion of WebHostingPad employees if it is found that services are being used for backup storage.
WebHostingPad, at our sole discretion, will take weekly backups of customer's accounts, up to and including 1GB of website files only. This backup does not include email addresses, email accounts, databases, or anything other than website files. Any account that is larger than 1GB will not be included in any automated backup service provided by WebHostingPad. In the event that a customer requires a backup to be restored, WebHostingPad may charge a one time backup restoration service fee of $39.95.
For an additional fee, WebHostingPad offers a "Backup on Demand" service which allows customers to conveniently take backups of hosting accounts through the cPanel control panel. The backup on demand feature will create backup files and automatically place the file in the web hosting account. These files must be downloaded to the customer's personal computer or another device. Backup files can not be stored on WebHostingPad servers.
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.
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.
It is the customer's sole responsibility to include WebHostingPad email addresses in any and all email white lists in which the customer may correspond with WebHostingPad. We are in no way responsible for email not being received due to spam filters, firewalls, or any other service that would potentially block WebHostingPad emails from being received.
The following outlines the scope and limitations of support Webhostingpad offers its clients. Since web hosting has such a large mixture of customer supplied software and third party products, it is important to us to specify what services fall under the responsibility of our company and what services fall under the responsibility of the customer and/or third party vendors.
Common web based services. We continuously monitor and ensure all services are operating normally such as FTP, email, SSH, cPanel, MySQL and php. If you believe these services are not functioning correctly, we will manually check for you.
Server Management. We will maintain, secure, and configure all software that reside on our server. This includes Apache, MySQL, and php. As a result, software packages installed may not always be the latest version available or compatible with your own software. Please check with our support staff if you have any questions regarding compatibility.
Hardware Maintenance. We continuously monitor and maintain our server hardware. In the event of a hardware failure, we will repair the issue as soon as we are able.
Premium Support Services
Basic Script Installation. We provide installation services on specific third party scripts. We do not provide support or information on how to use the scripts or its features. We will not install any plugins or perform any customization to your scripts after the initial installation. Since these products are provided by third party vendors, we are unable guarantee the security or maintenance of the scripts. Any security features or updates will need to be performed by the client.
Backup of data. All clients are responsible for maintaining current backups of data. We do have our own backups in the event of a disaster. These backups are available for restoration; however, we do not guarantee the availability of lost data. Customer requested changes. In the event a customer requests a change that will affect the daily operation of the account, we will notify the client of any configuration changes that needs to be made to the software on their account beforehand. It is the client's responsibility to make any changes to the scripts or software installed in order to resume functionality. This includes primary domain name changes and username changes.
Customer responsibility Basic computer and Internet knowledge It is expected that you have general knowledge of computing and directory structure. It is also expected that you have a basic understanding of Internet concepts such as DNS, email, and FTP.
Domain Names. If your domain name is not registered with us, you are responsible for using the supported services provided by your registrar for anything related to your domain name. This includes: DNS changes made at the domain name level, name server registration, and name server changes. If you choose not to use our nameservers, you are responsible for modifying your DNS records to point to your IP address, which can change without notification.
Email Client Configuration. We can assist you with the most basic settings for an email account with your preferred mail client, such as Microsoft Outlook, Apple Mail or Thunderbird. However, we cannot assist you in any advanced configuration or troubleshooting, such as spam filtering or adding third party email accounts.
FTP Client Configuration. Because there are so many different FTP clients available, we are unable to provide extensive troubleshooting relating to the advanced configuration of your FTP software. We will do our best to help you make a connection to your account using known working configuration settings.
Scripts & Applications. You are fully responsible for the operation of any and all scripts and applications. We will not troubleshoot or provide any support relating to malfunctioning scripts or applications. You are responsible for maintaining the latest version of any and all scripts and applications. This is a policy we must strictly adhere to.
Refusal of Service
We reserve the right to refuse, cancel or suspend service for any reason at our sole discretion, including but not limited to spamming and the abuse of staff or our servers. 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 which includes but limited to our free domain name, pricing, cancellations and anything that is related to billing. 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.