· Terms Of Service (TOS) and AUP
Ok,
we have all kinds of "legalize" here (Acceptable use policy and Terms
and Conditions). As a consumer, it is your responsibility to read it. To
summarize:
ACCOUNTS CAN BE REFUSED AND/OR DISCONTINUED AT WEBOLOCITY'S
DISCRETION.
This is a very careful and secure company and WE WILL check your
customer input to confirm your information. Any irregularities will be
cause for refusal. We do not have instant activation for this reason.
but we do have HIGHLY satisfied customers on a clean service!
No IRC's, BNC's, Eggdrops, Eggdrops, Unauthorized SHELL programs,
HYIP or PROXY sites, Illegal or
blatantly offensive material or Spamming from a site or server.
Period. No Exceptions at any time for any reason. Customers who LOAD
(Proof of use or public display NOT required) these programs or
materials on any server will be terminated without recourse and billed
(including penalties) and further pursued to THE FULLEST EXTENT of the
LAW, including but not limited to lawsuits against the individuals
responsible.
Spamming using other resources with links directed back to sites on
our servers IS involving us in the spamming not unlike using our actual
server and can be grounds for termination without recourse.
· Support Restrictions:
Webolocity will make every effort to support information for configuring
popular network/web software to use internet services. However we can in
no way specifically test every piece of software that could conceivably
be utilized with our systems, only provide general system-related
information. The offer of any particular service does not constitute an
obligation on Webolocity's part to tutor the necessary skills to utilize
that service, only to provide system-specific information.
Webolocity will no longer support the installation of any SSL's other
than its own. Now I know you are all thinking .. "they are just trying
to get a new
revenue stream and make more money on us"..and if so...you have not
looked at our SSL prices..[;->. For the time spent, we lose money
on them BUT...we never have to go back and debug them, or fix them after
they have been improperly installed 7-8 times (what a mess that
makes)...etc. So in the interest of simplicity, consistency
and most important of all...keeping the tech time properly used...This
is our company policy
· Payments:
Accounts will be billed in advance for the month of service. If you sign
up and receive service today, we will bill you today for the next 30 (or
28/31) days for service. No refunds will be processed without "cause" .
Accounts are invoiced 24 hours in advance of payment processed. You will
be notified by e-mail to the address you signed up with for services of
success or failure. If billing fails and we are unable to process
payment for over
96 hours we will suspend services without further notice. If we are
still unable to collect 7 days past payment due date we reserve the
right to terminate the account and all files on our services without
recourse.
· Uptime Guarantee:
If your website and/or email becomes unavailable due to reasons at your
facility (or related), We will offer a refund for 2X the amount of time
lost regardless of duration of downtime for any reason NOT related to
customer error up to 100% of monthly charges refunded.
· CANCELLATION POLICY:
We offer a 30 day money back guarantee for cause on all hosting,
reseller and dedicated services plans. Cause is any demonstrated failure
on our part to deliver services purchased. If you can provide us with a
reason that we failed to provide the services you purchased from us we
will be more than happy to give you a refund. Secure server certificate
(SSL's) and domain registration fee's ARE NOT REFUNDABLE
To cancel, please go to
https://webolocity.com/billing/ and login with your billing
credentials.
Once
there, click on "My hosting packages"
Once the next
window opens, click on "View Details" to the far right of the
service you want to cancel on the same line.
From there on
the bottom of the page you may cancel services.
a) What if we sign up for 1 year in advance? Is refund available, is it
full, prorated or percentage-based?
See above for specific service policies. When offered, the refund is
Pro-rated to the next months billing. If you sign up for a year at
$120.00 and want
to
leave after 1 month we will refund $108.00 (11/12's of the purchase
price). Same situation, you sign up for a year at $120.00 and leave
after 45
days you could be eligible for a refund of $96.00 (10/12's of
the purchase price) since you are already into the second month of
service and that has already been accounted for.
b) Is there a timeline where refund eligibility becomes void? No
· Payments:
Webolocity accepts MasterCard and Visa, Discover and PayPal as payment
options. We will not accept company or personal checks or
wire transfers.
· Privacy Statement:
Webolocity follows the strict guidelines of our customer privacy
statement. Please make sure you understand this statement fully. Please
click HERE to read the privacy statement.
· Acceptable Use Policy (AUP)
Use of Webolocity Service constitutes acceptance and agreement to
Webolocity AUP as well as Webolocity TOS (Terms of Service).
Webolocity reserves the right to revise, amend, or modify this
AUP, our TOS (Terms of Service) and our other policies and
agreements at any time and in any manner. Notice of any revision,
amendment, or modification will be posted in accordance with our TOS
(Terms of Service). All users of Webolocity Internet services, and their
clients, must comply with this AUP and our TOS (Terms of Service).
IMPORTANT NOTICE:
Payments To Webolocity have a 30 day money back guarantee for
cause
We support the uncensored flow of information and ideas over the
Internet and do not actively monitor subscriber activity under normal
circumstances. Similarly, we do not exercise editorial control over the
content of any web site, e-mail transmission, newsgroups, or other
material
created or accessible over or through the services, except for certain
proprietary Web sites. However, in accordance with our TOS (Terms of
Service), we may remove any materials that, in our sole discretion, may
be illegal, may subject us to liability, or which may violate this AUP.
Webolocity may cooperate with legal authorities and/or third parties in
the investigation of any suspected or alleged crime or civil wrongdoing.
Your violation of this AUP
may result in the suspension or immediate termination of either your
Webolocity account or other actions as detailed below without notice,
based upon the nature of the violation. As noted on the site, legal
Adult Content is allowed .
· Hosting only Customers:
Please remember, your unlimited E-Mail Services and/or subdomains are
for YOUR use.
They are not intended to be used for re-sale or promotional offerings.
This document is intended to provide a basic understand of
Webolocity Acceptable Use Policy. The following are guidelines for the establishment
and enforcement of Webolocity AUP. If a Webolocity account violates this
Acceptable Use Policy or our TOS, we reserve the right to terminate your
service without notice. We prefer to advise customers of inappropriate
behavior and any necessary corrective action, however based on the
nature of the violation, could result in immediate termination of
service.
· The following constitute violations of this AUP:
·
Illegal Activities:
Webolocity services may not be used for illegal purposes, or in support
of illegal activities. Webolocity reserves the right to
cooperate with legal authorities and/or injured third parties in the
investigation of any suspected crime or civil wrongdoing.
· Harm or Endangerment to other people:
You may not use Webolocity services to harm, or attempt to harm, minors
in any way, including, but not limited to child pornography, or use
Webolocity services to transmit any material (by e-mail, uploading,
posting or otherwise) that threatens or encourages bodily harm or
destruction of property.
·Forgery or impersonation:
Adding, removing or modifying identifying network header information in
an effort to deceive or mislead is prohibited. Attempting to impersonate
any person by using forged headers or other identifying information is
prohibited. The use of anonymous remailers or nicknames does not
constitute impersonation.
·
Unsolicited E-mail, News Bombing (SPAM)
Use of the Webolocity services to transmit any unsolicited commercial or
unsolicited bulk e-mail is expressly prohibited. Violations of this type
will result in the immediate suspension of the offending Webolocity
account. Spam complaints will be sent to the e-mail address on file.
Failure to respond to complaints within a 24 hour timeframe will result
in the Webolocity staff suspending the offending account by whatever
means necessary. Should the account become re-activated without the
express written consent of Webolocity, the offending account will be
immediately terminated, and may result in suspension / termination of
the server/reseller itself. Anyone hosting websites or services on their
server that support spammers or cause any of our IP space to be listed
in any of the various Spam Databases will have their server immediately
removed from our network. The server 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 server to confirm that all material has been completely removed.
Severe violations may result in immediate and permanent removal of the
server from our network without notice to the customer. Any server
guilty of a second violation will be immediately and permanently removed
from our
network without notice. Malicious intent to impede another person's use
of electronic mail services or news will result in the immediate
termination of the offending Webolocity account.
Torrents, Shoutcast, Game Servers and SafeList's
Hosting and Reseller Customers ONLY (Does not apply to VPS or
Dedicated Servers other than legal
restrictions):
Webolocity will allow Double opt-in safelists, Shoutcast, Game Servers and Torrent
dealing in and only in legal and non-copywrite restricted material as long as they are on their
own dedicated servers. These types of sites use a great deal of
resources and can't be supported through our website or reseller
programs. We also require that these list be carefully policed and
comply with all state (Massachusetts) and federal (United States) law
(regardless of where the site ownership is located). Failure to abide by these
laws constitutes a violation of our TOS/AUP and termination will be
enforced without exception or limits.
Copyright
or trademark infringement:
Use of the Webolocity service to transmit any material (by e-mail,
uploading, posting or otherwise) that infringes any copyright,
trademark, patent, trade secret or other proprietary rights of any third
party, including, but not limited to, the unauthorized copying of
copyrighted material, the digitization and distribution of photographs
from magazines, books, or other copyrighted sources, and the
unauthorized transmittal of copyrighted software. Use of the Webolocity
service to collect, or attempt to collect, personal information about
third parties without their knowledge or consent. Distribution and/or
posting of copyrighted or the aforementioned infringements will not be
tolerated.
· Network disruptions :
Use
of the Webolocity services for any activity which affects the ability of
other people or systems to use Webolocity Services or the Internet. This
includes "denial of service" (DOS) attacks against another network host
or individual user. Interference with or disruption of other network
users, services or equipment is prohibited. Webolocity will not tolerate
any subscriber attempting to access the accounts of others, or penetrate
security measures of other systems, whether or not the intrusion results
in corruption or loss of data. Webolocity, does not allow the hosting of
IRC, IRC Bots, or eggdrops or Unauthorized SHELL programs on our
network. Accounts found hosting this material will be subject to
immediate cancellation without refund. Use of the Webolocity services to
access, or to attempt to access, the accounts of others, or to
penetrate, or attempt to penetrate, security measures of Webolocity or
another entity's computer software or hardware, electronic
communications system, or telecommunications system, whether or not the
intrusion results in the corruption or loss of data, is expressly
prohibited and the offending Webolocity account is subject to immediate
termination.
· Security:
You are responsible for any misuse of your account, even if the
inappropriate activity was committed by a friend, family member, guest
or employee. Therefore, you must take steps to ensure that others do not
gain unauthorized access to your account. In addition, you may not use
your account to breach security of another account or attempt to gain
unauthorized access to another network or server.
· Network Security:
Webolocity accounts operate on shared network resources. Excessive use
or abuse of these resources by one customer may have a negative impact
on all other customers. Misuse of network resources in a manner which
impairs network performance is prohibited by this policy and may result
in termination of your account.
· REPORTING VIOLATIONS OF Webolocity AUP
Webolocity requests that anyone who believes that there is a violation
of this AUP direct the information to the Abuse Department at
sales@webolocity.net if possible, please provide the IP address used
to commit the violation, date and time of the violation, and evidence of
the violation.
Webolocity will charge a $200.00 site clean-up fee for any abuse of the
terms listed above PLUS, ALL TIME AND RESOURCES TO TRACK AND TRACE ABUSE
WILL BE BILLED AT WEBOLOCITY'S $75.00 PER HOUR.
· Terms of Service (TOS)
All Terms and Conditions of this TOS (Terms of Service) our AUP
(Acceptable Use Policy) and SLA may be modified at our sole discretion
without prior warning. Changes to this TOS does not constitute grounds
for early contract termination or non-payment. Please check back
regularly for any updates.
Use of Webolocity Services constitutes acceptance and agreement to
Webolocity Inc AUP (Acceptable Use Policy) as well as Webolocity TOS
(Terms of Service). From herewith in this TOS, AUP, and SLA, the usage
of “us”, “we”, “our”, “ours” shall constitute reference to Webolocity,
the usage of “you”, “your”, “they”, “them” shall refer to client /
customer of Webolocity.
Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by means of electronic
ordering (web order form) and receipt of such order by Webolocity, that
you are agreeing to our TOS, AUP, and SLA. No Modifications of said
contract by customer is allowed.
2.
Webolocity will provide, and Customer will purchase and pay for, the
Services, and service fees specified in the Order for the applicable
Service Description. Customer acknowledges that the service, and service
fees have been communicated to the customer, and that they are aware of
all applicable charges as per contract, AUP, SLA, and TOS. Customer also
understands that any promotional offers unless specified in contractual
terms will not be applicable to their individual service.
3. In connection with any Hosting Services, if Customer’s actual
bandwidth usage in any month exceeds allotted amount, specified in
Customer’s contract, Customer will pay Webolocity any additional fees as
specified in the Service Description.
· Payment:
Establishment
of this service is contingent upon receipt of payment from Customer to
Webolocity Inc. Subsequent payments are due on the anniversary date of
the month for that month’s service. Any setup fees will be charged full
setup fee pricing, and are applied at time of initial request of such
services.
· Payments and Fees:
Payment is due on the defined monthly recurring billing date of each
month. Service will be interrupted on accounts that reach 5 days past
due and
subject to immediate termination. Service interrupted for nonpayment is
subject to the setup fee for that service for reconnection. Accounts
that are not collectable by Webolocity will be turned over to an outside
agency for collection. If your account is turned over for collection,
you agree to pay the company a “Processing and Collection” Fee of not
less than Fifty($50.00) nor more than One Hundred, Fifty($150.00)
· Delinquent Accounts:
Webolocity may temporarily deny service or terminate this Agreement upon
failure of Customer to pay charges when due. Such
termination
or denial will not relieve Customer of responsibility for the payment of
all accrued service fees, or any collection fees.
· Account Cancellation:
All CANCELLATIONS MUST BE PROVIDED IN WRITING TO SALES (sales@webolocity.com)
7 DAYS IN ADVANCE OF DISCONTINUATION OF SERVICES. Pro-rated refunds are
not given so be sure that we know your intention to leave within 7 days
of billing.
·
Refunds and Disputes:
All billing disputes must be reported within 30 days of the time the
dispute occurred. Disputed charges to your credit card issuer, also
known as chargeback's, in Webolocity discretion which is valid, under
the terms and conditions of our SLA, AUP, and TOS, will result in
service interruption, and reconnection fees to restore the desired
service.
· Litigation and Legal Action
Webolocity's
parent company is incorporated in the state of Massachusetts and as
such...regardless of the place of agreement, the client agrees that for
purposes of venue and jurisdiction the understanding regarding services
was entered into and performed in Worcester County, MA, and any dispute
will be litigated or arbitrated in Worcester County, MA. Customer
further waives all objections to venue or jurisdiction and acknowledges
that venue and jurisdiction in any such litigation will be held in
Worcester County Courts.
· Webolocity - SLA
Hosting, Reseller and Dedicated services are defined as servers and
server space that is rented to Clients. This service is to provide the
clients with
knowledge and overview of the server. From time to time security
updates, patches, kernel upgrades, and System Administration may be
performed free of charge. In addition to these services System
Administrator may make recommendations to improve the overall
performance, security, and updates to the service. At the sole
discretion of the System Administrator any installation, configuration,
or tuning of the server may be considered billable, and you will be
notified and requested to approve any additional charges. Any Support
not included with your services will be subject to a $75 an hour labor
fee, billed in ½ hour increments during office hours between 9:00am –
5:00pm M-F (EST). Webolocity Inc reserves the right to perform
maintenance, security checks, or management without client initiating
such request. Webolocity does not take responsibility for the overall
security of servers.
Network Outages or Unscheduled downtime is any unplanned or unscheduled
interruption in Service availability during which Client is unable to
access the services. A Network Outage is defined as a period in which
100% packet loss to our network is experienced, which is determined to
have been caused by a problem within the network as confirmed by
Webolocity. Downtime or outages are measured as the total length of time
of the unplanned interruption in service availability in a calendar
month.
Scheduled Downtime is any Webolocity scheduled interruption of Services,
for the purpose of network upgrades, or replacement of any equipment in
order to provide for you better service. Scheduled downtime occurs
during notified downtime periods, with as much advance warning as
possible via e-mail and/or forum post.
Webolocity will refund the customer 200% of the value of the time of
service (up to 100% of your monthly fee) for network downtime.
Network downtime is measured from the time the network is 100%
unreachable, until service is once again restored. In order to request a
performance credit, you must E-mail us within 10 days of reported
violation. SLA violations will be reviewed by our personnel Monday –
Friday 9AM to 5PM EST.
*Network violation SLA credit does not cover server hardware failure.*
· Performance Credit exclusions:
The following are excluded from the monthly calculation of Service
Availability:
· Scheduled downtime
· Problems outside of Webolocity network (upstream providers, or
client’s inbound connection) not effecting 100% loss to our network
· Interruptions or failure of individual service caused by client, their
employees, client’s customers, etc. to their service. These include
inaccurate configuration, 3rd party software, client abuse or over
utilization of resources, hacked servers, attacks, exploits, or server
hardware failures.
Server Hardware for Dedicated, or Co-Located Servers
Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard,
NIC card and other related hardware included for Dedicated Servers, and
switches for Co-Located Servers, unless client provides their own
switch.
Hardware replacement will occur within 12 hours of the reported problem,
Webolocity will refund 5% of the monthly fee per additional 6 hours of
down time (up to 100% of customer's monthly fee). In order to reduce
replacement hardware downtime, we keep a small quantity of pre-built
systems on hand to swap out Hard disks, so that your server can be back
up in the shortest amount of time. For Hard disk failures, we keep
pre-installed drives with our standard partitioning for immediate
deployment, but Cpanel must always be loaded after deployment (part of
its validation process) and so will slightly delay the process. In order
to request an SLA hardware violation credit, you must E-mail us within
10 days of reported violation. SLA violations will be reviewed by our
personnel Monday - Friday 9AM to 5PM EST.
*Hardware SLA violations do not cover network violation*
· Performance Credit exclusions: The following are excluded from the
monthly calculation of Service Availability:
· Interruptions or failure of individual service caused by client, their
employees, client’s customers, etc. to their service. These include
inaccurate
configuration, 3rd party software, client abuse or over utilization of
resources, hacked servers, attacks and exploits.
Replacement is defined as returning the server to original configuration
when it was purchased. If hardware failure causes corrupted Operating
System, Data Files, or Configuration of server, Webolocity will restore
the system to original state.
If the server is compromised and a NEW OS and/or Cpanel re-install must
be performed for security reasons Webolocity will charge a $75 fee to
restore the system.
Webolocity is not responsible for the
restoration of data to server. We strongly recommend that your purchase
backup options for your server, and keep copies of your data off-site
with you for emergency purposes. If hardware failure and data loss
occurs, you the client are responsible for data restoration. Webolocity
shall not be liable for loss of data under any circumstance.
