Terms of Service
These terms and conditions shall govern the relationship between us and you and shall prevail despite the existence of any printed or other conditions even if such conditions purport to take precedence.
Resource Usage Policy
Resources are defined as bandwidth and/or processor utilisation.
webhost44.com may implement the following policy at its sole discretion: When a website is found to be monopolising the resources available, webhost44.com reserves the right to suspend that site immediately.
This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby webhost44.com continues hosting the website for an additional fee.
webhost44.com reserves the right to cancel any service provided at any time. In this event customers will be entitled to a refund based upon the remaining period of membership. If a customer contravenes our Terms of Service, a refund will not be issued in the event of a suspension or termination by webhost44.com. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable.
Products purchased from webhost44.com may be refunded only if terminated within the following timeframe:
Annual Plans – Within 60 days from the date of the transaction.
Monthly Plans* – Within 30 days from the date of the transaction.
*Monthly Plans include all plans with less than a 1-year term (e.g., 6 mos., 9 mos., etc).
“Date of the transaction,” for the purpose of this Refund Policy, means the date of purchase of any product or service, which includes the date any renewal is processed by webhost44.com in accordance with the terms and conditions of the applicable product or service agreement.
You may cancel a product at any time, but a refund will only be issued if cancellation is requested within the refund timeframe specified for the applicable product, if available at all.
Note: Some products have different policies or requirements for a refund associated with them, including some products that are not eligible for a refund under any circumstance. Please see below for refund terms applicable to such products.
PRODUCTS WITH SPECIAL REFUND TERMS
Refundable after the initial three months.
Professional Web Design Services
Web Services: 30% cancelation fee when in progress, 70% cancelation fee when site design is delivered for review, non-refundable once complete.
Logo Design: 40% cancelation fee when in progress, non-refundable once Artwork Delivered.
Website Makeover Services: 30% cancelation fee when in progress, 70% cancelation fee when site design is delivered for review, non-refundable once complete.
Purchased Product w/ Free Domain
In the event any purchased product includes a free domain name, if you cancel the purchased product, the list price for the domain name will be deducted from the refund amount (the list price is the price of the domain name listed on the website and is not subject to any promotion, discount, or other reduction in price).
PRODUCTS NOT ELIGIBLE FOR REFUNDS
VPS / Cloud Servers
Hosting paid Apps (not refundable once set up)
Service Cancellation Policy
If at any point of time you plan to cancel your service, you should inform webhost44.com seven (7) days before the date that you wish to cancel it, you can inform us by submitting a ticket to the billing department.
If you don’t inform us about it you will be liable to pay for the next billing cycle.
If dues are not paid we reserve the right to suspend or terminate your account and also reserve the right to take ownership of digital property with further legal advice sought.
Illegal Usage Policy
webhost44.com 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 is prohibited.
This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorisation; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Examples of unacceptable content or links include: pirated software, hacker programs or archives, pyramid/ponzi sites, Warez sites, MP3, Scam networks, sharing credit card information, bank information, PayPal or other similar financial account information.
If any of these activities are ever found in your account it will be terminated without any refunds and you might be liable to civil or criminal penalties.
Adult Content Policy
Adult-oriented sites, pornography and sex-related merchandising are allowed on our web hosting servers.
This does not include sites that may infer sexual content or provide links to adult content elsewhere.
This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
Child Pornography is strictly prohibited.
The proper authorities would be notified in this case.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorised access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Server Resources Policy
Any website or process 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 either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a more expensive package.
webhost44.com shall not be the sole arbiter of what is considered to be a high server usage level.
Any hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
UCE (Unsolicited Commerce Email) – SPAM Policy
Spamming, the sending of unsolicited mass email from or through a webhost44.com server or using an email address that is maintained on a webhost44.com machine is STRICTLY prohibited. webhost44.com will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but channel activities through a webhost44.com server as a mail drop for responses.
Violators will be assessed with a minimum fine of $500 and will face immediate suspension or account termination.
Server Abuse Policy
Any attempts to undermine or cause harm to a webhost44.com servers or customers are strictly prohibited.
We maintain a 99.99% uptime, yet webhost44.com offers no service agreement for uptime.
We shall reserve the right to suspend your services at any time and for any reason without notice, and if such suspension lasts or is to last for more than 30 days you will be notified with an explanation.
webhost44.com reserves the right to change/modify any services at any time without advanced notice.
Limitation Of Liability
webhost44.com customers agree to indemnify and hold harmless webhost44.com from any claims resulting from the use of our services that damages them or any other party. Services are 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. webhost44.com expressly disclaims any representation or warranty that the webhost44.com service will be error-free, secure or uninterrupted. No oral advice or written information given by webhost44.com, its employees, licensor’s or the like, will create a warranty; nor may you rely on any such information or advice. webhost44.com and its suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of our services.
If you have any questions about our Terms and Conditions contact us at:
CEO: Tyler James
E-mail address: email@example.com
This document was last updated on Apr 12, 2020