Terms of Service
Wombat Web Hosting's acceptable use policy. All customers of Wombat Web Hosting agree to be governed by the policies set forth herein.
WHEREAS, Wombat Web Hosting is an information provider connected to the Internet Wombat Web Hosting offers storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Customer seeks to utilize Wombat Web Hosting's server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Wombat Web Hosting can make no guarantee that any given reader shall be able to access Wombat Web Hosting's server at any given time.
Wombat Web Hosting represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
- Customer agrees to a twelve (12) or twenty-four (24) month contract depending on length of pre-payment), beginning upon commencement of service.
- There is a per-plan one time setup fee of $12.95 for all shared hosting packages, and if the customer wishes to cancel Wombat Web Hosting shared Web Hosting services within ninety-seven (97) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded.
- At the end of the contract term, the contract will automatically renew for successive twelve (12) or twenty-four (24) month period, depending on length of pre-payment) indefinitely until canceled in writing. After the first 97 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions.
- "97-Day Money-Back Guarantee" offer only applicable to credit card payments for shared web hosting. Other forms of payment are non-refundable. Dedicated server payments are non-refundable. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. See domain registration agreement for more information.
- Violations of Wombat Web Hosting's Terms of Service or Spam Policy may, at Wombat Web Hosting's discretion, result in immediate disablement without refund.
- Wombat Web Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Wombat Web Hosting's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
- Customer will provide Wombat Web Hosting with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Wombat Web Hosting. Wombat Web Hosting shall make no effort to validate this information for content, correctness or usability.
- Use of Wombat Web 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 Customer's Webspace by the Customer.
- The following examples are offered:
- Web Publishing: requires a knowledge of HTML, properly locating and linking documents, Uploading Webspace contents, Graphics, text, Sound, imagemapping, etc.
- The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of Wombat Web Hosting to provide this knowledge or Customer Support outside of the defined service of Wombat Web Hosting.
- Wombat Web Hosting will exercise no control whatsoever over the content of the information passing through the network.
- Wombat Web Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Wombat Web Hosting also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Wombat Web Hosting is at the Customer's own risk, and Wombat Web Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Wombat Web Hosting expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
- The customer agrees to make use of Wombat Web Hosting servers primarily for the purpose of hosting a website, and associated email functions. Servers are shared with other customers, and as such IRC-related activities, BitTorrent software, or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run) are not encouraged. IRC bots and bouncers (BNC) as well as BitTorrent software specifically may not be run on any Wombat Web Hosting server, and if your processes are adversely affecting server performance disproportionately Wombat Web Hosting reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.
- Wombat Web Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Wombat Web Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on Wombat Web Hosting's Server. Wombat Web Hosting agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Wombat Web Hosting. If the Customer fails to modify the material, as directed by Wombat Web Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
- All domain names registered through Wombat Web Hosting, that are 'parked' or are otherwise not immediately associated with a Wombat Web Hosting hosting plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via Wombat Web Hosting. The Coming Soon web page may be modified at any time by Wombat Web Hosting without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Wombat Web Hosting.
TRADEMARKS & COPYRIGHTS
- Customer warrants that it has the right to use the applicable trademarks, if any.
HARDWARE, EQUIPMENT, & SOFTWARE
- The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Wombat Web Hosting.
- Wombat Web Hosting makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Wombat Web Hosting service.
Wombat Web Hosting DEDICATED SERVER STIPULATIONS
- Bandwidth pricing and measurement frequency is subject to change at Wombat Web Hosting's discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by Wombat Web Hosting Web Hosting.
- Wombat Web Hosting is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, Wombat Web Hosting or Wombat Web Hosting's upstream providers.
- Customer agrees that dedicated server payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue service with Wombat Web Hosting mid-way through the term.
- Hardware upgrades to an existing 'platform' (platform defined as a motherboard/chassis combination) will be performed by Wombat Web Hosting or by a Wombat Web Hosting associate and shall incur an additional one-time labor fee of $100 as well as an increase to Customer's standard monthly rate.
- Wombat Web Hosting reserves the right to alter the dedicated server packages advertised on its website at its discretion. Wombat Web Hosting is not required to upgrade Customers' hardware or bandwidth allocation as a result of a pricing or service package change. There will be an additional charge of $200 associated for any such hardware upgrade requested by Customer. Customer will not be required to upgrade hardware as a result of a pricing change.
- The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.
- Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Wombat Web Hosting may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Wombat Web Hosting. All messages transmitted via Wombat Web Hosting should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
- Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning of either Wombat Web Hosting or external computers and Denial Of Service attacks of any kind.
- This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. Wombat Web Hosting will accept termination by electronic mail. Notwithstanding the above, Wombat Web Hosting may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Wombat Web Hosting reserves the right to charge a reinstatement fee.
- Customer expressly agrees that use of Wombat Web Hosting's Server is at Customer's sole risk. Neither Wombat Web Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Wombat Web Hosting's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Wombat Web Hosting Server service, unless otherwise expressly stated in this contract.
- Under no circumstances, including negligence, shall Wombat Web Hosting, its offices, agents or any one else involved in creating, producing or distributing Wombat Web Hosting's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Wombat Web Hosting Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Wombat Web Hosting's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Wombat Web Hosting's service.
- Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
- Customer may only use Wombat Web Hosting's Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on Wombat Web Hosting's Server.
- Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Wombat Web Hosting's Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at Wombat Web Hosting. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.
- Customer agrees that it shall defend, indemnify, save and hold Wombat Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Wombat Web Hosting, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Wombat Web Hosting against Liabilities arising out of
- any injury to person or property caused by any products sold or otherwise distributed in connection with Wombat Web Hosting's Server;
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement;
- any defective product which Customer sold on Wombat Web Hosting Server.
Revisions to this Contract will be applicable to previous Contracts
Revisions will be considered agreed to by the Customer on renewal of service as specified in Section - Financial Arrangements.
Customer may not transfer this contract without the written consent of Wombat Web Hosting.
These Terms and Conditions constitutes the entire Contract and understanding of the parties.
Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.