WEBHOSTINGDREAMS ("The Company" or "WEBHOSTINGDREAMS") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Customer agrees that it shall comply with and require its end users to comply with WEBHOSTINGDREAMS's TOS(Terms of Service) as well as WEBHOSTINGDREAMS's AUP.
All provisions of this contract are subject to the TOS (Terms of Service) of WEBHOSTINGDREAMS and AUP (Acceptable Use Policy). 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 India.
Note: Pornography and sex-related merchandising are prohibited on any WEBHOSTINGDREAMS server EXCEPT those on servers that have clearly stated that such content is allowed upon signing up. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to WEBHOSTINGDREAMS servers or any other server on the internet. Links to such materials are also prohibited. All IRC or chat related activities are strictly prohibited EXCEPT by explicit permission of Webhostingdreams and can be cause for immediate account termination!
- Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition WEBHOSTINGDREAMS shall have the right to terminate all service set forth in this Agreement.
- Service Rates: 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. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
- Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. By entering your credit card information in the WEBHOSTINGDREAMS billing system you agree to allow WEBHOSTINGDREAMS to capture funds from your card on your payment due date. For orders over $100 we may require written verification of authorization and a copy of the front of your credit card. The above applies to all accounts and services provided by WEBHOSTINGDREAMS.
- Payments and Fees: Service will be interrupted on accounts that reach 9 days past due. Service interrupted for nonpayment is subject to a $10.00 reconnect charge. Accounts that fail to respond to legal requests within the time line given will be subject to immediate suspension and charged a $175 Administrative Fee. Accounts that are not collectible by WEBHOSTINGDREAMS 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 $20 nor more than $175. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Accounts that are compromised are subject to an Administration Fee of $50 per hour of admin time to investigate the issue. Accounts suspended for any reason are subject to a reasonable activation fee to be determined by WEBHOSTINGDREAMS, unless otherwise outlined in this agreement. By submitting your credit card information to Webhostingdreams you authorize us to process any invoices due on your account.
- Refund: Web Hosting Dreams offers 30 days money back guarantee for our hosting packages. If you are unhappy with our service in first 30 days of joining, we will refund 100% of your payment. The money back is guarantee only for 30 days from the date you receive your welcome mail. The guarantee is not applicable if your account terminated because of the violation of our TOS or AUP Due to the nature of the service we cannot refund payments made for dedicated servers,SEO Hosting, SSL or domains.
- Dispute: If you dispute a charge to your credit card issuer or Paypal that, in WEBHOSTINGDREAMS's sole discretion, is a valid charge under the provisions of the TOS and/or AUP, you agree to pay WEBHOSTINGDREAMS an "Administrative Fee" of not less than $20 and not more than $175.
- Failure to Pay: The Company may deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. It's the subscriber responsibility to keep up to date contact information. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
- Account Cancellation: Request for termination of user accounts must be made through the WEBHOSTINGDREAMS Customer Support Center. Termination requests received will take effect immediately, that means you're not required to pay for web hosting plan fee for that month, if termination request is received after the fee charged in that month, which is not refundable, that means starting from following month you'll not be charged for web hosting fee. Subscription fees for additional services such as added space and bandwidth transfer will be charged for the entire month regardless of whether the request for their termination is received prior to the effecting of the said services.
- 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.
- New Domains: Payment made for domain registration will not be refundable in all cases, including those that involve mistakes committed by any persons, WEBHOSTINGDREAMS staff or not, at any stage of the domain registration process. A confirmation e-mail will be sent to registrants within 24 hours of the submission of the domain name purchase order.
- Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to WEBHOSTINGDREAMS will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take.
- Support Boundaries: WEBHOSTINGDREAMS provides 24 x 7 technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: WEBHOSTINGDREAMS provides support related to your services or virtual site physical functioning as well as best-effort support for select software systems. WEBHOSTINGDREAMS does not offer tech support for application specific issues such as cgi programming, html or any other such issue. WEBHOSTINGDREAMS does not provide technical support for YOUR customers. Unless otherwise stated in the plan description or stipulated in this agreement, WEBHOSTINGDREAMS will not modify any files or databases on customer sites. Requests for free software installation must be made within 30 days of order.
- SPAM and Unsolicited Commercial Email (UCE): WEBHOSTINGDREAMS takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Any email subscriber information must be obtained through a double opt-in methodology. Very simply this means that customers of WEBHOSTINGDREAMS may not use or permit others to use our network to transact in UCE. Customers of WEBHOSTINGDREAMS may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
- Violation of WEBHOSTINGDREAMS's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, WEBHOSTINGDREAMS will initiate an immediate investigation (within 48 hours of notification). During the investigation, WEBHOSTINGDREAMS may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, WEBHOSTINGDREAMS may, at its sole discretion, restrict, suspend or terminate customer's account. Further, WEBHOSTINGDREAMS reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. WEBHOSTINGDREAMS 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 $200 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 $150 per hour that WEBHOSTINGDREAMS personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
- Service Up Time Webhostingdreams uses several third-party server monitoring companies to ensure the best uptime tracking results. If you believe we have not met our uptime guarantee please contact us via our Customer Support Center with your evidence of downtime. If we can verify your results we will credit your hosting fees as follows: 500% of the downtime experienced below our uptime guarantee allowance. There will be a maximum credit of 100% of your monthly fee. Service credits must be requested within 14 days of the end of the month you are requesting credit for. Uptime is tracked by calendar month.
EXCLUSIONS: Scheduled Maintenance - Occasional server or network maintenance will be required. WEBHOSTINGDREAMS will do everything possible to minimize and avoid downtime during this maintenance. You will receive prior notification of upcoming maintenance at the email address we have on file. Scheduled maintenance periods are not eligible for uptime credits. Malicious Attacks - If a third party, not associated with WEBHOSTINGDREAMS, initiates a "Denial of Service" or other form of disabling attack against our servers or networks, WEBHOSTINGDREAMS will do everything in it's power to stop the attack, but cannot guarantee a resolution time.
- VPS & Dedicated Servers Dedicated servers must be canceled seven (7) days before your next due date. Cancellations must be received via a Cancellation Request in the Webhostingdreams Support Center. If an account is 2 days past due we will turn off access to the server. Accounts suspended for non-payment of an invoice may be subject to a $30 reconnect fee. VPS & Servers are not eligible for any money back guarantee.
- Free Templates You are only granted rights to use each free template on one domain. We reserve the right to revoke that right at our discretion or at the request of the template developer. Requesting access to any free template voids any money back guarantees. Templates are provided without warranty and may not be exchanged. We do not provide technical support on the templates.
- Price Freeze Guarantee We guarantee that the price you pay for your service today will be the price you pay for as long as you have your package.
- IP Address Ownership: If WEBHOSTINGDREAMS assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to WEBHOSTINGDREAMS, and Customer shall have no right to use that Internet Protocol address except as permitted by WEBHOSTINGDREAMS in its sole discretion in connection with the Services, during the term of this Agreement. WEBHOSTINGDREAMS shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by WEBHOSTINGDREAMS, and WEBHOSTINGDREAMS reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
- IP Address Usage: Any customer caught using an IP address that has not been assigned to them agrees to pay a $25 fee. The domain caught using the offending IP address can be disabled or deleted at the discretion of WEBHOSTINGDREAMS.
- Bandwidth and disk Usage: Customer agrees that disk usage and bandwidth usage shall not exceed the limit per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). WEBHOSTINGDREAMS will monitor Customer's bandwidth and disk usage. WEBHOSTINGDREAMS 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 WEBHOSTINGDREAMS's sole and absolute discretion. If WEBHOSTINGDREAMS 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, WEBHOSTINGDREAMS may, at its sole discretion, collect a deposit, in an amount determined by WEBHOSTINGDREAMS, against customer's credit card on file with WEBHOSTINGDREAMS.
- System and Network Security: Users are prohibited from violating or attempting to violate the security of the WEBHOSTINGDREAMS Network. Violations of system or network security may result in civil or criminal liability. WEBHOSTINGDREAMS 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.
Notification of Violation
- WEBHOSTINGDREAMS is under no duty to look at each customer's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet- related activities.
- First violation: Any User, which WEBHOSTINGDREAMS determines to have violated any element of this Terms of Service, shall receive an email, warning them of the violation. The service may be subject at WEBHOSTINGDREAMS's discretion to suspension, pending a User's agreement in writing to refrain from any further violations, or immediate termination.
- Second Violation: Users that WEBHOSTINGDREAMS 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.
- Suspension of Service or Cancellation: WEBHOSTINGDREAMS reserves the right to suspend network access to any customer if in the judgment of the WEBHOSTINGDREAMS network administrators the customer's account is the source or target of the violation of any of the other terms of the TOS or for any other reason which WEBHOSTINGDREAMS 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 account was suspended. The customer will also not be credited for any fees if their account has been terminated.
- WEBHOSTINGDREAMS reserves the right to amend its policies at any time. All resellers of WEBHOSTINGDREAMS must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions.
- Indemnification: WEBHOSTINGDREAMS wishes to emphasize that in agreeing to the WEBHOSTINGDREAMS Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies WEBHOSTINGDREAMS for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to WEBHOSTINGDREAMS or the bringing of any claim against WEBHOSTINGDREAMS by any third-party. This means that if WEBHOSTINGDREAMS is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against WEBHOSTINGDREAMS, plus all costs and attorney's fees.
- Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, telephone and fax 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.
- WEBHOSTINGDREAMS takes no responsibility for any material input by others and not posted to the WEBHOSTINGDREAMS Network by WEBHOSTINGDREAMS. WEBHOSTINGDREAMS is not responsible for the content of any other websites linked to the WEBHOSTINGDREAMS Network; links are provided as Internet navigation tools only. WEBHOSTINGDREAMS 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.
- WEBHOSTINGDREAMS is not responsible for any damages your business may suffer. WEBHOSTINGDREAMS does not make implied or written warranties for any of our services. WEBHOSTINGDREAMS 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 including equipment failure
- Responsibility for Content: You, as WEBHOSTINGDREAMS's customer, are solely responsible for the content stored on and served by your account.