Service Agreement:
This Web Hosting and Services Order (this
"Order") sets forth the terms and conditions of your use of WAW
II, Inc./Tech-4-You, ("WAW II, Inc./Tech-4-You") for web
hosting services. You certify that you are at least 18 years of age. To
become a WAW II, Inc./Tech-4-You account holder, you must read and agree
to be bound by all terms and conditions of this Agreement, the fee
schedules on this Online Order forms and any policies that are or may be
published by WAW II, Inc./Tech-4-You. This Agreement will become
effective when accepted by WAW II, Inc./Tech-4-You. By posting notice 30
days in advance at a web page available on WAW II, Inc./Tech-4-You web
site (http://www.tech-4-you.com), WAW II, Inc./Tech-4-You may modify the
terms and conditions of this Agreement or the prices of its services, as
well as discontinue or change the services offered. You will be bound by
the modified Agreement, prices and/or policies if you continue to use
the services.
Indemnification Policy:
You agree to use all WAW II, Inc./Tech-4-You
services and facilities at your own risk. WAW II, Inc./Tech-4-You
specifically disclaims all warranties of merchantability and fitness for a
particular purpose. In no event shall WAW II, Inc./Tech-4-You be liable
for any loss, or loss of data, or other commercial damage, including but
not limited to special, incidental, consequential or other damages. BY
ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD WAW II,
Inc./Tech-4-You HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY
WAW II, Inc./Tech-4-You. CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY,
SAVE AND HOLD WAW II, Inc./Tech-4-You HARMLESS FROM ANY AND ALL DEMANDS,
LIABILITIES, LOSSES, COSTS, CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES
ASSERTED AGAINST WAW II, Inc./Tech-4-You, ITS AGENTS, ITS CUSTOMERS,
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 WAW II, Inc./Tech-4-You AGAINST LIABILITIES ARISING OUT OF:
(1) any injury to person or property caused by any products sold or
otherwise distributed in connection with WAW II, Inc./Tech-4-You Hosting's
server;
(2) any material supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer from WAW II, Inc./Tech-4-You
Hosting's server.
WAW II, Inc./Tech-4-You shall be the sole judge of what violates this
Policy.
Account Cancellation:
You may cancel your account at anytime. Domain
registration fees and setup fees are non refundable. A money back
option is not available after 30 days.
NOTE: WAW II, Inc./Tech-4-You charges a $25.00 fee for returned checks and
a $75 fee for charge backs. When sending a check/money order the amount
must be drawn in US dollars. You may cancel at anytime. Phone requests and
email will not constitute acceptance of any cancellation. Notification of
cancellation must be received at least five business days prior to your
cycle date, with the cycle date being the day of the month you sign up, in
order to avoid charges in full for the next cycle. It is the Clients
Responsibility to secure email confirmation from WAW II, Inc./Tech-4-You
that account has been cancelled. If the client has not yet received email
confirmation of account cancellation, then the account remains active, and
you will continue to be invoiced.
If Client has a balance due at the time of cancellation, this balance must
be paid in full. Cancellation does not absolve Client of any outstanding
financial obligations. All WAW II, Inc./Tech-4-You accounts must be paid
in full before the cancellation will be considered complete.
Transferring your domain to another provider or nonuse of your hosting
account does not constitute canceling your account. You must notify WAW
II, Inc./Tech-4-You to formally cancel your account and avoid further
charges.
Email Policy:
WAW II, Inc./Tech-4-You may not be the
source, intermediary, or destination address involved in the transmission
of any unsolicited email, email bombs, hate email, or any mass email. Your
email account may not be referenced as originator, intermediary, or
reply-to address of such email. We consider mass email any email message
sent to more than about 150 emails/hour. *
Client is responsible for keeping email
storage on each POP3 box below 100 MB. This is normal for most accounts
since email is typically downloaded from the server on a regular basis
using an email client such as Outlook, Outlook Express or Eudora. In most
cases, emails are limited to 10MB per file size.
SPAM Policy:
WAW II, Inc./Tech-4-You is committed
to a zero-tolerance, anti-Spamming policy. Under this policy, we
prohibit Spam, or any unsolicited commercial email, from being sent
either: Over the WAW II, Inc./Tech-4-You network, by customers or any
other users of the WAW II, Inc./Tech-4-You network (including customers'
customers); AND/OR over ANY network- if the message sent advertises or
mentions a site hosted on the WAW II, Inc./Tech-4-You server.
We react quickly and seriously to violations, and we further reserve the
right to terminate the services, without prior notice, of any customer
disregarding this policy. Sending unsolicited commercial email (a.k.a.
"spam"), cross-posting messages to a large number of usenet
groups, posting obscene or threatening messages while using or referring
to a WAW II, Inc./Tech-4-You email address or web site URL is prohibited.
The use of WAW II, Inc./Tech-4-You servers as a mail drop for responses to
activities described above is also prohibited. Accounts canceled due to
spam will be billed a "clean up" fee of $500.
If you have any complaints or comments regarding Spam on WAW II,
Inc./Tech-4-You network, please direct them at to WAW II, Inc./Tech-4-You
staff here.
Content Policy:
All services provided by WAW II,
Inc./Tech-4-You may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data or material in violation
of any United States Federal, State or City law, or in violation of the
laws of any country, is prohibited. This includes, but is not limited to:
copyrighted material, trademark, intellectual property, material we judge
to be threatening or obscene, material that advocates or calls for the
commission of crimes or civil harms to any person, group of people,
corporation, country, or any entity, or material protected by trade secret
and other statute without proper authorization. The subscriber agrees to
indemnify and hold harmless WAW II, Inc./Tech-4-You from any claims
resulting from the use of the service which damages the subscriber or any
other party.
Pornography is prohibited on all WAW II,
Inc./Tech-4-You servers. This includes sites that may
infer sexual content, or links to adult content elsewhere. WAW II,
Inc./Tech-4-You will be the sole arbiter in determining violations of this
provision.
Also prohibited are sites that promote any illegal activity or present
content that may be damaging to WAW II, Inc./Tech-4-You servers or any
other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- High Yield Investment Programs
Any illegal activity, including adult
content, links to adult content web sites, spamming or hacking will result
in your site being shut down and all your files deleted without warning.
WAW II, Inc./Tech-4-You will be the sole arbiter as to what constitutes a
violation of this provision.
The web storage space is
for business and personal website operations purposes only and not for
unrelated data storage.
Traffic Policy:
WAW II, Inc./Tech-4-You allows for very
generous traffic, and most sites never exceed 3 G per month, unless they
offer shareware, sound, video, image and multimedia archives, are mirror
sites or any site whose primary purpose is file distribution. WAW II,
Inc./Tech-4-You customers are discouraged from storing any files that
cause excessive traffic on WAW II, Inc./Tech-4-You servers unless prior
arrangements have been made.. Please contact WAW II, Inc./Tech-4-You web
hosting technical support team for more information. Again, 99% of the
sites do not fall into this category and never reach WAW II,
Inc./Tech-4-You traffic limits.
We reserve the right to refuse service to anyone for any reason not
prohibited by law. Also we reserve the right to terminate service to any
customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to WAW II, Inc./Tech-4-You or any
other Internet servers will result in immediate account deactivation
without prior notice. No refund is given in this case.
We will not host web sites which contain adult material.
You will be charged for transfer that you use beyond the defined data
transfer limits without prior notification. If you need additional
bandwidth transfer above what is allowed with a higher hosting package,
please contact us and we
will be happy to assist you. Please note that it is your responsibility to
make sure that you have sufficient bandwidth transfer remaining for your
web pages. If your web site has used all the bandwidth transfer that you
have purchased, WAW II, Inc./Tech-4-You system may suspend your account
until you contact us to purchase additional bandwidth transfer.
Uptime Guarantee:
If the Website uptime of customer's Website
is less than 99.9%, WAW II, Inc./Tech-4-You may issue a credit to the
customer's hosting account in accordance with the following table, with
the credit being calculated on the basis of the monthly service.
|
Website uptime - Credit Percentage
99.9 to 100% - 0%
98% to 99.8% - 10%
95% to 97.9% - 25%
90% to 94.9% - 50%
89.9% or below - 100%
|
Downtime Amounts - Credit
Percentage
Less than 42.2 mins - 0%
42.3 - 864 mins - 10%
865 - 2160 mins - 25%
2161 - 4320 mins - 50%
greater than 4320 mins (72 hrs) - 100%
|
* Assumed a 30 day month, 43200 minutes in a month, 1440 minutes
in a day |
Exceptions:
Customer shall not receive any credits
under this Uptime Guarantee in connection with any failure or deficiency
of Website availability caused by or associated with:
- Circumstances beyond WAW II,
Inc./Tech-4-You control including, war, strike or other labor
disturbance, unavailability/interruption/delay in telecommunications,
virus attacks and/or hackers, third party software failure (free
scripts, ecommerce software including Miva Merchant, Merchant
Gateways), fire, flood, tornado, earthquakes, acts by any governing
body, embargo, boycott, or inability to obtain supplies, raw
materials, or power used in or equipment needed for provision of this
Uptime Guarantee
- Failure of access circuits to the
Service Provider Network, unless the failure is caused solely by WAW
II, Inc./Tech-4-You
- Emergency server or network maintenance,
scheduled maintenance, and system upgrades
- Domain name system (DNS) problems
outside of the control of WAW II, Inc./Tech-4-You
- Issues with FTP, POP, IMAP, or SMTP
customer access
- Customer's acts or omissions (or acts or
omissions of others acting on behalf of or authorized by customer),
including, without limitation, custom scripting or coding (ie., PHP,
Python, CGI, Perl, HTML, ASP, Cold Fusion, etc...), any negligence,
willful misconduct, or use of the Services in breach of ANY ITEM
outlined in WAW II, Inc./Tech-4-You's Restrictions Policy;
- Problems elsewhere on the internet that
prohibit you from viewing your account. WAW II, Inc./Tech-4-You is not
responsible for browser, DNS, or other caching that might make it
appear your site is unavailable even though others can still access
your information. This guarantee covers areas WAW II, Inc./Tech-4-You
controls such as WAW II, Inc./Tech-4-You servers, routers, and
switches. Please refer to The Internet Traffic Report, which monitors
the flow of data around the world, for more information on any
problems elsewhere on the Internet which may exist: http://www.internettrafficreport.com/details.htm.
Credit Request and Payment
Procedures:
In order to receive a credit, customer must
make a request by sending an email message to
webmaster@tech-4-you.com. Each request in connection with this
Uptime Guarantee must include customer's domain name and the dates and
times of the unavailability of the website. The request must be received
by WAW II, Inc./Tech-4-You within ten (10) days after the Website was not
available. If the unavailability is confirmed by WAW II, Inc./Tech-4-You,
credits will be applied within 30 days after WAW II, Inc./Tech-4-You's
receipt of the credit request. Credit is posted to the customer's hosting
account only - no refunds via check, credit card, or PayPal are available.
Notwithstanding anything to the contrary
herein, the total amount credited to customer in a particular month under
this Uptime Guarantee shall not exceed the total hosting fee paid by
customer for such month for the affected Services. Credits are exclusive
of any applicable taxes charged to customer or collected by WAW II,
Inc./Tech-4-You and are customer's sole and exclusive remedy with respect
to any failure or deficiency in the Website availability of customer's
website. |