The Fine Print

Just kidding ... we would never trick you :-) . If you have any questions regarding any of these terms, please contact us.

Quick Links:

• Terms of Service (TOS)
• Acceptable Use Policy (AUP)
• Resource Abuse Policy (RAP)

---

Terms of Service (TOS)

Privacy

WebSolvents will not sell, distribute, reveal, or otherwise make available any customer information. We contribute a great amount of time and help to anti-spam organizations. Should we need to contact you directly regarding your specific account or service we will do so via email or ticket request system. For more information on privacy, please see our Privacy Policy.

New Accounts

All new web hosting accounts purchased on our order page are set up and processed manually by our staff. You will receive two (2) emails including login details after your purchase. Due to unforeseen complications with various mail servers and any connection problems between your ISP and WebSolvents Hosting, this process may sometimes be delayed. When signing up for our service, if you save what you choose for your client area username and password, then you can view any emails sent out from our system if for any reason they do not arrive.

Domain Names | Domain Transfers

In order for your domain name to point to the WebSolvents server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar.

WebSolvents will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. WebSolvents does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk. If you have any questions at all about DNS changes or domain names in general, please contact support.

Payments

Renewal notices on the invoicing system are sent via email 5 days before the renewal date. Accounts 3 days past due will be suspended and a $5.00 reconnection fee may apply. Accounts 30 days past due will be terminated from our servers. We only accept credit cards, check (debit) cards, PayPal, or mail-in checks for payment of services. If chosen during sign-up (PayPal Subscription), billing cycles renew automatically and are charged to the most recent PayPal account on file. In the event that your monthly charge is denied, and we are unable to contact you, then the aforementioned fees to enable your account shall apply. PayPal and credit card invoicing payments are paid manually by the customer each month/billing cycle. Please address any questions regarding payment by contacting support.

Cancellations

If you cancel your account and your payments still continue for any reasons such as 1) by fault of WebSolvents Hosting staff 2) by fault of the credit card processor 3) by fault of any other payment collection company we are not responsible for any overdraft fees that are issued by your financial institution. You are responsible for canceling any subscriptions to WebSolvents Hosting.

Overage Charges

Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your account automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, i.e. bandwidth exceed warning at 80% at which time you may contact us to purchase a higher transfer quota for your account if desired. If you do not contact us, the system will suspend your site if your allotments exceed.

Refunds/Account Termination

If, for any reason in your first 30 days of service, WebSolvents Hosting fails to deliver said services, a refund will be issued. No refunds will be issued if abuse of our stated policies forces WebSolvents Hosting to suspend or terminate your services prematurely.

In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 10 days. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.

Minimum Age Requirement

WebSolvents Hosting customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the Terms Of Service in order for the Minor to become a WebSolvents Hosting customer. A parent or guardian who accepts the Terms Of Service on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the Terms Of Service, including the timely and full payment of the charges for WebSolvents Hosting services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains WebSolvents' express written consent to the contrary. Any acceptance of the Terms Of Service or any other agreement for WebSolvents's services will be deemed null and void to the extent that WebSolvents Hosting will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of WebSolvents's services.

Content

WebSolvents Hosting believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. Adult/Sexual related websites displaying forms of nudity are prohibited. Any fraudulent pyramid/ponzi scheme websites are prohibited. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.

We prefer that you self-govern your content and remain responsible and all-knowing of content your website publicly provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individually, which have growing and evolving content, is impossible. However, if WebSolvents Hosting is made aware of any questionable content on a WebSolvents Hosting-hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a WebSolvents server that copyrights their own material or that they wish to be removed, we require legal documentation to take any further action.

Opt-in Email Marketing

If you choose to engage in marketing your site and/or services via email please heed the following. The only permitted form of email marketing is that in which the list is "opt-in". By definition, opt-in is where people provide you with their email address specifically requesting to be on your email list for information about your site and/or service. Even opt-in has its share of issues, so we cannot guarantee we will host this type of site on our network. If we find your account transmitting email to persons that did not authorize such activity, that is grounds to suspend and terminate your site.

Note: On the flip side, the joining of an opt-in email list does not guarantee the legitimacy of such a list. Please contact us before joining any such list so that you will not be a victim of spam from second and third parties of such lists. We would be happy to help you determine if a list looks legitimate.

UCE, UBE, Spam

WebSolvents Hosting has a zero tolerance policy regarding unsolicited commercial email (UCE) and unsolicited bulk email (UBE) also known as "spam". The definition of spam:

An electronic message is "spam" IF: (1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.

You will be cited with "UCE/UBE Abuse" if you send any email to persons who have not specifically asked to receive email from you. The sending origin of such email is irrelevant. Upon confirmation of abuse, any WebSolvents Hosting customer engaging in this practice will have their service suspended. Not only does spam place a strain on the server that can negatively effect that server's uptime record and performance record, you subject that server to the possibility of being blacklisted.

If your site will be sending mailings out to subscribers, this is a checklist of what you are required to do:

You must not try to hide, forge or misrepresent the sender of the e-mail and sending site of the e-mail.

Bulk mailings must specifically state how the persons' e-mail addresses were obtained and must indicate the frequency of the mailing.

Bulk mailings should contain simple and obvious unsubscribe mechanisms. We recommend that this be in the form of a working link to a one-click unsubscribe system; however, a valid "reply to:" address may be used instead.

All subscription based e-mail must have valid, non-electronic, contact information for the sending organization in the text of each e-mail including either a phone number or physical mailing address.

All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to WebSolvents Hosting upon request.

Prohibited Uses of WebSolvents Hosting Systems and Services Regarding Spam

Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through WebSolvents Hosting's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on WebSolvents Hosting's servers, is prohibited. WebSolvents Hosting accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by WebSolvents Hosting customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any WebSolvents Hosting-hosted domain, or referencing any WebSolvents Hosting account, is prohibited.

Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

We receive automatic reports from Spamhaus, AOL and SpamCop for our IP ranges. If there are more than three complaints logged against your site in one day, the site will be suspended until a resolution/explanation is made.

Liabilities

WebSolvents Hosting, makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall WebSolvents Hosting be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting support.

---

Acceptable Use Policy (AUP)

WebSolvents Hosting is dedicated to providing top quality service at a very affordable price. The conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any condition will be grounds for immediate account deactivation without notice. WebSolvents Hosting will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

To report suspected abuses or any violations of these policies, please contact support.

Illegal Usage

WebSolvents Hosting 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, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. Any type of forum/discussion board discussing where to obtain such files or one that distributes the files is also prohibited. The subscriber to WebSolvents Hosting service agrees to indemnify and hold harmless WebSolvents Hosting from any claims resulting from the use of the service that damages the subscriber or any other party. WebSolvents Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Illegal Content

WebSolvents Hosting does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. No warez are allowed. Web proxies are not tolerated. This includes NPH-Proxy, and web proxy. If your site is found to hold any proxy files, your account will be suspended and the account holder will be issued a fee of $50.00 USD. When using an account with shell, you are not allowed to run ANY servers or services on the WebSolvents network. Servers are defined as perlbots, proxies, BitchX, psyBnc, root exploits, DDoS scripts, Shoutcast servers, etc. Running any of these will face an immediate suspension, and users will be subject to a fine no less than $50.00 USD, and no more than $100.00 USD. WebSolvents Hosting reserves the right to terminate an account for these activities also.

Chat Rooms

WebSolvents Hosting does not provide nor allow chat rooms on shared hosting environments. You may elect for a dedicated server to run a chat room efficiently.

IRC

WebSolvents Hosting does not allow IRC or IRC bots to be operated on any of our servers.

Proxy Sites

WebSolvents Hosting does not allow any type of web proxy site(s) to be operated on any of our servers. You may elect for a dedicated server to run a web proxy efficiently.

Security

Users are prohibited from violating or attempting to violate the security of the WebSolvents Network. Violations of system or network security may result in civil or criminal liability. WebSolvents Hosting will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

1. Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access,
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing",
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting,
5. Taking any action in order to obtain services to which such User is not entitled,
6. Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations,

Each hosting package purchased is unique to a do main name and use - you are not allowed to purchase multiple plans to obtain combined bandwidth & space. WebSolvents Hosting will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.

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: Unauthorized access, use, probe, or scan of a 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 and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Abuse

Any attempts to undermine or cause harm to a WebSolvents Hosting server or customer of WebSolvents Hosting is strictly prohibited. Any sub-networks of WebSolvents Hosting and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Client Responsibility

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of WebSolvents Hosting's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of WebSolvents Hosting to provide this knowledge or support outside matter specific to WebSolvents Hosting servers.

Backups

WebSolvents Hosting takes extreme steps to maintain system integrity. However, WebSolvents Hosting shall not be held responsible for loss of data due to any cause. To ensure the highest level of data protection, WebSolvents Hosting recommends that ALL information be backed up on your own computer. As with any data that you hold a high importance to, it should be in more than one location at all times. All WebSolvents Hosting data backups are designed against hardware failure not customer user error.

Actions Taken

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. WebSolvents Hosting will be the sole arbiter as to what constitutes a violation of the AUP. WebSolvents Hosting reserves the right to remove any account without prior notice.

When WebSolvents Hosting becomes aware of an alleged violation of its AUP, WebSolvents Hosting will initiate an investigation. During the investigation, WebSolvents Hosting may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, WebSolvents Hosting may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, WebSolvents Hosting will notify the appropriate law enforcement authorities of such violation.

WebSolvents Hosting does not issue credits for outages incurred through service disablement resulting from AUP violations.

WebSolvents Hosting customers agree to indemnify and hold harmless WebSolvents Hosting from any claims resulting from the use of our services that damages them or any other party. The WebSolvents Hosting 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. WebSolvents Hosting expressly disclaims any representation or warranty that the WebSolvents Hosting service will be error-free, secure or uninterrupted. No oral advice or written information given by WebSolvents Hosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. WebSolvents Hosting 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.

Modifications

WebSolvents Hosting reserves the right to add, delete, or modify any provision of this policy at any time without notice.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion. An example of refusal of service is if an account continues to abuse our policies after warnings. Refusal, cancellation or suspension of services especially holds true to issues with spam or any script abuse. Another example of refusal of service is if a customer becomes very unreasonable, unprofessional, extremely difficult to work with or threatening. Said customer's account will be suspended and we will recommend to the customer to find a new host. A backup of the account(s) will be provided.

---

Resource Abuse Policy (RAP)

Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated server. The abuse and misuse of system resources is a serious problem, and WebSolvents Hosting does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory that can be used by any one account.

In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU & memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.

Average Server Resource Limits

• Memory usage may not exceed 10% per domain/file/application
• CPU usage may not exceed 20% per domain/file/application
• Apache connections may not exceed 30 connections
• 35 MySQL maximum user connections allowed
• 300 emails per hour, per domain

There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.

Suspensions

In the event your website has been suspended for resource abuse (abuse that cannot be resolved by removing/changing a script, etc.) and you do not wish to upgrade to a dedicated server to accommodate your site needs, we will only release the suspension within 24-48 hours. This is to ensure the CPU intensive site slows down in traffic to avoid further damage and problems. A backup will then be provided of your files or you will be allowed FTP/cPanel access for a certain time period. Any questions about our abuse policy may be answered by contacting support.