Terms of Service & Acceptable Use Policy

HostingWOW
POLICY AND SERVICE GUIDELINES

HostingWOW provides web hosting to many different kinds of clients. Therefore, we have the responsibility to protect each of our clients and their interests and to provide the best services available. The following guidelines were designed to ensure that these obligations are met. HostingWOW will be the sole arbiter as to what constitutes a violation of these terms.

FURTHERMORE, these Policies, Guidelines, and Disclaimers are intended for all domains, subdomains, and accounts residing on HostingWOW servers, affiliates, or resellers.

Resellers:
HostingWOW resellers may NOT offer free hosting. Free hosting customers have a higher risk of spamming, and causing damage to servers. To protect the server from abuse, please don't offer free hosting to people you don't know.
The accounts you create are bound by our TOS. Everything that you have control over must conform to our TOS. Your failure to abide by HostingWOW TOS restrictions will result in the termination of your account and ALL of your clients accounts. If at any time HostingWOW decides that you are crowding our server, or using more than your fair share, you will be contacted by HostingWOW about your usage, and given the option to upgrade your plan, or curb your usage.

Content:
All services provided by HostingWOW may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless HostingWOW from any claims resulting from the use of the service which damages the subscriber or any other party.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to HostingWOW servers or any other server on the internet. Links to such materials are also prohibited.
We reserve the right to cooperate with legal authorities, lawyers, and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

We also do not allow sites with political content that can be deemed 'hate sites', Nazi material, or sites that propagate political activity against specific races, groups of people, or countries - especially against the United States of America.
HostingWOW will be the sole arbiter as to what constitutes a violation of these, and all terms.

Examples of unacceptable content, links, hosted content, or usage:

Pirated (cracked) software
Hacker programs or archives
Program Serial Numbers
Warez sites
Copyrighted Material (e.g. MP3's)
Material that infringes trademarks
Scam sites
Any Site that consumes more than 5% of system resources

Following are a list of sites that will often require more than 5% of our systems resources: Domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), scripts, forums, and domain accounts offering download files.

We are not saying that your web site cannot contain such files as scripts (just one example), however if at any time they consume 5% or more of our systems resources you might be contacted to resolve the problem or if in an emergency - your account would be disabled to avoid server damage and/or disruptions to other clients or servers.

Adult Content:
Adult Content on a HostingWOW server is allowed only with special permission from HostingWOW staff. Only LEGAL adult content will be allowed. Legal adult content is defined as 18 years of age or older. All people in the content MUST be over 18 years of age.

HostingWOW has a zero tolerance policy regarding child pornography. HostingWOW will cooperate fully with any criminal investigation into any customer's violation of child pornography laws. Reseller customers will be ultimately responsible for the content posted on their client's sites.
Child pornography includes photographs, films, video, or any other visual or written presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years, or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violators will be reported to the authorities.

Backups:
HostingWOW performs regular backups to our server. We cannot guarantee the availability or functionability of our backups. It is your sole responsibility to backup your account using the cPanel backup downlolad, or by other means, to ensure minimal data loss. You are responsible for the bandwidth/traffic used if you use a third party backup site or software. HostingWOW is not responsible for any data loss you incur because of downtime, system crashes, or other problem that can result in your data loss, nor do we promise there will be no problems with our service.

Uptime:
HostingWOW's strives to keep an maintain a 99.90% uptime level. Upon request, if at least 2/3 of our remote uptime monitors report an uptime of less than 99.90%, customers are entitled to a refund of the paid amount for that month of service, or a credit for the next month's service. Customers may only request a refund or credit within one week of the next month. For example, if there is excessive downtime in March, you may request a credit or refund in the first month of April. HostingWOW will only issue a refund or credit if the downtime does not meet any of the following exceptions.

• "Acts of God" (Fire, flood, earthquake, tornado)
• Telco Failure
• Backbone peering point issues
• Scheduled network/server upgrades
• DNS issues out of our control

Traffic Usage:
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $0.50 for each gigabyte of traffic exceeded. This amount is not prorated, this meaning that 1 megabyte - 1 gigabyte will be treated and billed as the same. Your account will be suspended automatically by our systems in the case of that the traffic limit has been reached. This is
a) to protect you in case a 3rd party is mis-using your account without proper permission (eg. somebody hacked your account) and
b) to protect us as we are responsible for paying the increased amount of bandwidth to our wholesaler.

Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a HostingWOW server or using an email address or domain that is maintained on an HostingWOW machine as reference is STRICTLY prohibited. Selling software or services related to email advertising is prohibited, as well. HostingWOW will be the sole arbiter as to what constitutes a violation of this provision.
After receiving a spam complaint, HostingWOW will investigate the accusation to ensure a fair outcome. During this investigation, your account may be suspended to prevent further spam.
You're responsible for the emails sent from your account.

Any website/account that is found to support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our network. The account will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice, and without the availablity of a backup.

Security:
You're responsible for misuse of your account, even if the inappropriate activity was committed by an authorized or unauthorized person. Therefore, you must take steps to ensure that others do not gain access to your account.
You may not attempt to interfere with service to any user, host or network. This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or networks security will be reported to the proper authorities, and the victims of the attack.

Chat Rooms:
If you wish to have a chat room on your website, we ask that you please use the one provided in your cPanel. There is no official list of acceptable or unacceptable chat scripts, but the script provided by cpanel will cause the least amount of CPU and Memory usage. Installation of other chat scripts could result in your account being suspended if those scripts cause the CPU or Memory usage to go above the allotted amounts.. Please refer to the system resource usage restrictions listed above.

Background Running Programs:
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC:
IRC servers are not allowed on HostingWOW servers.

Proxys:
Proxy servers are not allowed on HostingWOW servers.

Forums:
You will be allowed to install any kind of Forums software. However - many cgi-based applications may use more system resources than like PHP based software. We recommend the use of applications like phpBB or vBulletin forum software. If necessary we will require you to shut down the forum or move to a dedicated server.

Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of HostingWOW is strictly prohibited, and will result in immediate termination of your account.

Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion and with no further justification.

BILLING:
Recurring Billing:
Invoices are sent out every month by our billing software. It is the client's responsibility to ensure that their invoice is received, and that it is paid. You're allowed to have 2 late payments per year. After 2 late payments in one year, a $5 late fee will be added to each late payment. Failure to pay an invoice after 7 (SEVEN) days will result in the suspension of your account. Failure to pay an invoice after 15 (FIFTEEN) days will result in the termination of your account. If you are a reseller, all accounts you control will also be terminated.

Money Back Policy:
Every SHARED hosting account has a 30 day money back policy. If for any reason during the first 30 days of sign-up you feel that the service isn't satisfying, you are entitled to a refund. This refund policy applies only to shared hosting customers, and not to resellers. A refund doesn't include any setup fees, and may have paypal fees deducted from it.

Account Deactivations:
Any account deactivated due to non-payment will require a reactivation fee of $25.00 to be paid prior to reactivating the account.

Cancellation Refunds:
We DO NOT refund partial monthly fees to accounts canceling after their 30 day initial account activation period. Therefore only prepaid full monthly fees existing on account will be refunded.

Server Damages:
Any offending user will be liable for any damages and cost arising from their abuses. HostingWOW will not be held liable for abuses and illegal activities by its users. All users are responsible for their content and activities, and the costs or penalties HostingWOW may incur because of their abuse for any reason.

Currency prices are in US-Dollar. We are not responsible for any currency exchange fees of your credit card company or your bank.

LIMITATION OF LIABILITY:
HostingWOW shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from HostingWOW servers going off-line or being unavailable for any reason whatsoever. Furthermore, HostingWOW shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of HostingWOW servers. All damages shall be limited to the immediate termination of service. All clients are advised to pull regular backups of their sites. We cannot be held responsible for missing files, data or lost business out of this.

You agree to indemnify, defend, and hold harmless HostingWOW from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly or directly from your use of the service which damages either you, HostingWOW, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

Violations of these policies should be referred to the HostingWOW support department.

SUSPENSION AND CANCELLATION:
HostingWOW reserves the right to cancel or suspend access to any customer based on a violation of these terms. HostingWOW will be the sole arbiter as to what constitutes a violation of the above policies. Cancelled accounts will not receive a refund.

All Sub-Networks, distributive hosting sites, resellers and dedicated servers of HostingWOW must adhere to the above policies 

All complaints will be investigated promptly. Failure to follow any term or condition will be reason for immediate account deactivation or supsension.

Our Responsibilities:
HostingWOW agrees to never terminate, or suspend your account based on it's content, as long as it is legal, and doesn't violate the above terms. We believe wholeheartedly in free speech, and will defend your rights to the full extent of our abilities. Customers will be warned several days in advance of any planned future occurance that will impair the client's ability to use our services.