Terms Of Service :
See also - Acceptable Use Policy
Wahm Web Hosting has a responsibility to protect each
client and to provide the best services available. The
following guidelines were designed to ensure these obligations
are met. We reserve the right to change this Policy any time,
so please, check this page frequently or when in doubt.
Subscriber understands that changes to the TOS or AUP by Wahm's
United shall not be grounds for early contract termination or
non-payment. Please review our Acceptable Use Policy too.
Terms of Service:
Number one rule, we've never liked hidden charges so we don't
have any. You host with us, you will be happy. Follow our
policies and you will be happy with the Wahm Web Hosting
community!! :o)
Wahm Web Hosting agrees to furnish services to the Customer,
subject to the following TOS (Terms of Service). Use of Wahm's
United's services constitutes acceptance and agreement to Wahm
Web Hosting's AUP as well as Wahm Web Hosting's TOS (Terms of
Service).
This Agreement shall be construed in all respects in accordance
with the laws of the Province of Ontario, county of Elgin,
applicable to contracts enforceable in that Province. Venue
will be Elgin County, Ontario, Canada.
Disclosure to Law Enforcement: The TOS
specifically prohibits the use of our service for illegal
activities. Therefore, Customer agrees that Wahm Web
Hosting 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
Customer. In addition Wahm Web Hosting shall have the right
to terminate all service set forth in this Agreement.
Adult hosting is not allowed! We are a family friendly
business that help promote family friendly
businesses.
Payments and Fees: Service will be
interrupted on accounts that reach 5 days past due. Service
interrupted for nonpayment is subject to a $10 reconnect
charge (individual hosting accounts). Accounts not paid by
due date are subject to a $15.00 late fee after 3 days and
$5 after each day after. Accounts that are not collectable
by Wahm Web Hosting 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 $100. If you desire to cancel your account,
please follow the proper procedure as outlined in this TOS.
Failure to Pay: Wahm Web Hosting may
temporarily deny service or terminate this Agreement upon
the failure of Customer to pay charges when due. Such
termination or denial will not relieve Customer of
responsibility for the payment of all accrued charges, plus
reasonable interest and any collection fees.
Account Cancellation: All requests for
canceling accounts must be made in writing with at least 30
days notice but not more than 60 days prior written notice
and e-mail sent to billing@wahm-web-hosting.com. You must
have all account information to cancel. There are no
refunds after the first 30 days.
Customer acknowledges that the service provided is of such a
nature that service can be interrupted for many reasons other
than the negligence of Wahm Web Hosting and that damages
resulting from any interruption of service are difficult to
ascertain. Therefore, customer agrees that Wahm Web Hosting
shall not be liable for any damages arising from such causes
beyond the direct and exclusive control of Wahm Web Hosting.
Customer further acknowledges that Wahm Web Hosting's liability
for its own negligence may not in any event exceed an amount
equivalent to charges payable by customer for services during
the period damages occurred. In no event shall Wahm Web Hosting
be liable for any special or consequential damages, loss or
injury.
New Domain Accounts: All new webhosting
accounts involving new domains will be set up and entered
into our DNS servers within 1 business day. Due to
unforeseen complications, however, this process may
sometimes require up to 2 business days.
Transfer of Domains: If you select
transfer domain it DOES NOT mean you will switch from your
current registrar to ours. It means you will be using a
domain you have registered elsewhere and will transfer the
hosting services. You will keep the domain where you
registered it unless you give us permission to move the
domain registration to us. In that case please send an
email to support@wahm-web-hosting.com
Support Boundaries: Wahm Web Hosting,
provides online technical e-mail support to our customers
but we reserve the right to answer emails within a 24 hour
period. Please check the Help files in our support area
before contacting tech support. For emergencies you may
Instant message us at the following adresses: Yahoo Instant
Messenger - wahmsunited, MSN Instant Messenger -
dianne@wahmsunited.com.
SPAM and Unsolicited Commercial E-mail
(UCE): Wahm Web Hosting takes a zero tolerance
approach to the sending of Unsolicited Commercial E-mail
(UCE) or SPAM over our network. Very simply this means that
customers of Wahm Web Hosting may not use our network to
transact in UCE.
Violation of Wahm Web Hosting SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our
SPAM policy, Wahm Web Hosting will initiate an immediate
investigation (within 48 hours of notification). During the
investigation, Wahm Web Hosting may restrict customer access to
the network to prevent further violations. If a customer is
found to be in violation of our SPAM policy, Wahm Web Hosting
may, at its sole discretion, restrict, suspend or terminate
customer's account. Further, Wahm Web Hosting reserves the
right to pursue civil remedies for any costs associated with
the investigation of a substantiated policy violation. Wahm Web
Hosting 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 $50 and your account will be reviewed
for possible immediate termination. A second violation will
result in an "Administrative Fee" of $100 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 $75 per hour that
Wahm Web Hosting personnel must spend to investigate the
matter. PLEASE, DO NOT SPAM from your account.
Network
IP Address Ownership: If Wahm Web Hosting
assigns Customer an Internet Protocol address for
Customer's use, the right to use that Internet Protocol
address shall belong only to Wahm Web Hosting, and Customer
shall have no right to use that Internet Protocol address
except as permitted by Wahm Web Hosting in its sole
discretion in connection with the Services, during the term
of this Agreement. Wahm Web Hosting shall maintain and
control ownership of all Internet Protocol numbers and
addresses that may be assigned to Customer by Wahm Web
Hosting, and Wahm Web Hosting reserves the right to change
or remove any and all such Internet Protocol numbers and
addresses, in its sole and absolute discretion.
The 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 megabytes per month for the Services ordered by Customer
on the Order Form. Wahm Web Hosting will monitor Customer's
bandwidth and disk usage. Wahm Web Hosting 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 Wahm Web Hosting's sole and absolute discretion. If
Wahm Web Hosting 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, Wahm Web
Hosting may, at its sole discretion, collect a deposit, in
an amount determined by Wahm Web Hosting, against
customer's credit card on file with Wahm Web Hosting.
System and Network Security: Users are
prohibited from violating or attempting to violate the
security of the Wahm Web Hosting Network. Violations of
system or network security may result in civil or criminal
liability. Wahm Web Hosting 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. **Please Note
- This includes the use of a program called Hacker Safe!!
**
- 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 forum posting.
- Taking any action in order to obtain services to which
such User is not entitled.
Attempting to couple many hosting packages together to take
advantage of massive space or bandwidth allocations. Each
hosting package purchased is unique to a domain name and use -
please do not purchase multiple "plan 1's" for instance to get
the combined bandwidth & space. Wahm Web 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.
Suspension of Service or Cancellation:
Wahm Web Hosting reserves the right to suspend network
access to any customer if in the judgment of the Wahm Web
Hosting 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 Wahm Web Hosting
chooses. If inappropriate activity is detected, all
accounts of the Customer in question will be deactivated
until an investigation is complete. We offer a 30 day money
back providing we failed to provide you with the service as
outlined for each individual hosting plan. However setup
fee's are non refundable under any cicumstances. 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.
Miscellaneous Provisions: You must provide
us with, and keep current, good contact information for
you. E-mail, fax, and telephone contacts are used, in that
order of preference.
Customer shall not transfer or assign this Agreement without
the prior written consent of Wahm Web Hosting. Wahm Web Hosting
may assign Agreement at anytime without consent from or notice
to Customer. Company reserves right to cancel customer's rights
under this contract at anytime without further obligation.
Wahm Web Hosting takes no responsibility for any material input
by others and not posted to the Wahm Web Hosting Network by
Wahm Web Hosting. Wahm Web Hosting is not responsible for the
content of any other websites linked to the Wahm Web Hosting
Network; links are provided as Internet navigation tools only.
Wahm Web Hosting 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.
Responsibility for Content: You, as Wahm
Web Hosting customer, are solely responsible for the
content stored on Wahm Web Hosting's servers. Please make
back ups of any additions to your site!
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