This Web Hosting Agreement is between Netwisp and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
Netwisp ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Netwisp Service constitutes acceptance and agreement to Netwisp's AUP(Acceptable Use Policy) as well as Netwisp's TOS.
All provisions of this contract are subject to Netwisp, Inc's TOS and AUP. The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Illinois, county of Cook applicable to contracts enforceable in that state. Venue will be Cook County, Illinois.
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. Any promotional offers are contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the renewal date for the service. The above applies to all accounts and services provided by Netwisp.
Service can be interrupted on our shared and reseller web hosting accounts that reach thirty days past due. Service on virtual and dedicated servers can be interrupted that reach ten days past due. Invoices more than thirty days past due are subject to a 2.5% or $1.00 late payment fee, whichever is greater, per month the invoice is past due. Dedicated server accounts that have been suspended for non-payment are subject to a $50 reconnect fee. Virtual servers and shared accounts that have been cancelled are subject to a $20 account restoration fee. Accounts that are not collectable by Netwisp may be turned over to an outside collection 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 $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
All payments for services to Netwisp, Inc. are nonrefundable excluding those covered by our 45 day moneyback guaranteee. This includes any one-time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within sixty days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Netwisp's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Netwisp an "Administrative Fee" of not less than $50 and not more than $150.
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Netwisp's preferred method of cancellation is via the members section of your account. Please log into your account at https://members.netwisp.com and you can request to have your service cancelled from your account portal.
You may also call us at 1-877-NET-WISP or fax the request to 508-448-0776. Requests may also be submitted via email from the address on file to firstname.lastname@example.org.
Requests for cancelling service may be made in writing with at least thirty days notice and sent to:
1644 Commodore Ct. #4
Schaumburg, IL. 60193
Only the primary account holder or an authorized contact can cancel the account.
Your account is not cancelled until you have received confirmation from Netwisp stating that it has been cancelled.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
All account data backups are the client's responsibility. While Netwisp makes every reasonable attempt to prevent data loss, there are no claims or guarantees that the client's data can be restored in the event of data loss. Netwisp can accept no responsibility for loss of data or consequences arising from this. Clients who have important data on our servers are strongly advised to implement their own backup system for their own protection.
Netwisp provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our offices.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Netwisp provides support related to your server or virtual site's physical functioning. Netwisp does not offer tech support for application specific issues such as CGI programming, HTML, MySQL, PHP, or any other such issue. Netwisp does not also provide technical support for YOUR customers.
When possible, Netwisp encourages you to use the ticketing system from your members portal or email email@example.com for assistance.
Netwisp takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Netwisp may not use or permit others to use our network to transact in UCE. Customers of Netwisp may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service.
- Violation of Netwisp's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Netwisp will initiate an immediate investigation (within 48 hours of notification). During the investigation, Netwisp may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Netwisp may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Netwisp reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Netwisp will notify law enforcement officials if the violation is believed to be a criminal offense.
- First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Netwisp personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
- As our Customers are ultimately responsible for the actions of their clients over the Netwisp network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
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.
IP Address Ownership:
If Netwisp assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Netwisp, and Customer shall have no right to use that Internet Protocol address except as permitted by Netwisp in its sole discretion in connection with the Services, during the term of this Agreement. Netwisp shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Netwisp, and Netwisp reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of gigabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Netwsp will monitor Customer's bandwidth and disk usage. Netwisp shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Netwisp's sole and absolute discretion. If Netwisp takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Netwisp may, at its sole discretion, collect a deposit, in an amount determined by Netwisp, against customer's credit card on file with Netwisp.
System and Network Security:
Users are prohibited from violating or attempting to violate the security of the Netwisp Network. Violations of system or network security may result in civil or criminal liability. Netwisp will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such user is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
Netwisp is under no obligation to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
- First Violation: Any User, which Netwisp determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Netwisp's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
- Second Violation: Users that Netwisp determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Netwisp reserves the right to suspend network access to any customer if in the judgment of the Netwisp network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Netwisp chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
Netwisp wishes to emphasize that in agreeing to the Netwisp Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies Netwisp for any violation of the AUP and TOS that results in loss to Netwisp or the bringing of any claim against Netwisp by any third-party. This means that if Netwisp is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Netwisp, plus all costs and attorney's fees.
You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are used, in that order of preference.
- A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
- Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
- Netwisp takes no responsibility for any material input by others and not posted to the Netwisp network by Netwisp. Netwisp is not responsible for the content of any other websites linked to the Netwisp network; links are provided as Internet navigation tools only. Netwisp disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
- Netwisp is not responsible for any damages your business may suffer. Netwisp does not make implied or written warranties for any of our services. Netwisp denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Netwisp.
- Responsibility for Content: You, as Netwisp's customer, are solely responsible for the content stored on and served by the web server.
Netwisp reserves the right to refuse service to anyone at any time for any reason.
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