| Terms and Conditions
WEB HOSTING SERVICE AGREEMENT
This Web Hosting Agreement
(this "Agreement") sets forth the terms and
conditions of your use of WorldSite, Inc..,
("WorldSite") for web hosting services. You
certify that you are at least 18 years of age. To
become a WorldSite account holder, you must read
and agree to be bound by all terms and conditions
of this Agreement, the fee schedules on the Online
Order forms and any policies that are or may be
published by WorldSite. This Agreement will become
effective when accepted by WorldSite. By posting
notice 30 days in advance at a web page available
on our web site (http://www.WorldSite.com), WorldSite 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.
On this page:
Scope of Services and Your
Obligations
This Agreement defines the terms and
conditions of WorldSite's services as offered by
WorldSite and used by you, including the provision
of web hosting services on WorldSite's servers and
connectivity to the Internet (the "Services").
WorldSite will provide the Services for the amount
of server storage space selected in exchange for
payment of fees and full compliance with the terms
and conditions of this Agreement. In performing
the Services, WorldSite maintains control and
ownership of any and all Internet protocol ("IP")
numbers and addresses that may be assigned to you
and reserves the right to change or remove any and
all IP numbers and addresses at its sole
discretion.
WorldSite reserves the right to
monitor its systems electronically and to access
and disclose any information as permitted or
required by any law, regulation or other
governmental request to operate its systems
properly, to protect itself or its accountholders
or for any other reason it in good faith deems
necessary. WorldSite will fully cooperate with law
enforcement authorities in investigating suspected
lawbreakers and reserves the right to report to
law enforcement any suspected illegal activity it
becomes aware of. It is not WorldSite's intention
that its Services or facilities be used in
contravention of the Communications Decency Act of
1996 (the "CDA") or any other applicable law.
You agree to comply with the requirements of
the CDA and the Digital Millennium Copyright Act
(the "DMCA") and acknowledge that WorldSite is a
"service provider" under the DMCA and is therefore
immune from liability under the DMCA, including 17
U.S.C. § 512. Consistent with the DMCA, WorldSite
will accommodate standard technical measures used
to identify and protect copyrighted works, and, as
further described herein, WorldSite has a policy
of terminating accountholders who are copyright
infringers.
Websites are unmodified forums containing the
personal opinions and other expressions of the
persons who post entries on a wide range of
topics. Neither the content of websites located on
WorldSite's servers nor the links to other
websites are screened, approved, reviewed or
endorsed by WorldSite. WorldSite is not a
publisher of any of the content of websites, or of
any content that may be available through the
links to and from them, and is acting solely as an
Internet web-hosting service provider. The text
and other material on such websites are the
opinion of the specific author and are not WorldSite's statements of advice, opinion or
information.
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Payment Policies, Fees, and
Refunds:
Full payment is required before
any hosting service is rendered, which includes
renewals. All payment-due notices will be sent by
electronic mail. No bills or invoices will be sent
by postal mail or fax. Prepayment is due each
anniversary (one month, three month, six month,
one year, two years) following the date the
account was established. Billing will continue
until you cancel your hosting account. You may
cancel at anytime. As a policy, we do not offer
credits or refunds for hosting time already
expended. Domain registration fees and setup fees
are nonrefundable.
Domain registration/setup fees are
nonrefundable. The customer is responsible for all
money owed on the account from the time it was
established to the time that the customer notifies
WorldSite of cancellation. All monetary
transactions are in $US dollars. Additional
features can be added at any time. Monthly feature
prices are not prorated. WorldSite reserves the
right to change prices at any time.
If your web site has an ovedue balance, our
automated billing system will suspend your account
until you pay the overdue balance. Please note
that it is your responsibility to keep your
account current. You can check your account
balance at any time by clicking "billing history"
in your account's control panel.
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30 Day Money Back
Guarantee
All Web Hosting plans include a
30 day money back guarantee. If you are
dissatisfied with your service for any reason, you
will receive a full refund (minus setup fees and
overage charges) if you cancel your account within
30 days of the activation of your account. Our
refund policy does not apply to any additional
items or services; this includes but is not
limited to Data Storage, Data Transfer, MySQL
Databases, FTP Logins, and Sub Domains. Also not
included are Domain Registrations as well as
Reseller programs. Because it is not possible to
return a Miva license that you may have received,
your refund amount will be reduced by $25 if you
were issued a Miva license. Resellers' refund will
be reduced $25 for virtual name servers installed
on the account. This money back guarantee is not
available after 30 days. Any request for
cancellation must be received via the web form and
you will receive a confirmation upon the
cancellation of your account. Cancellations over
the telephone and informal email are not
accepted.
The 30 day money back guarantee does not apply
to reseller accounts, or any fees associated with
these accounts.
Accounts cancelled/terminated by WorldSite for
violating our Restrictions policy do not qualify
for the 30-day money back guarantee. For example,
if your account is cancelled due to spamming, you
will not be given any refund.
Please allow at least 4-6 weeks for refunds of
check or money order payments.
Terms:
The validity, terms,
performance and enforcement of this Agreement
shall be governed and construed by its provisions
and in accordance with the laws of the State of
Texas (without regard to conflicts of laws
principles).
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Indemnification
Policy:
You agree to use all WorldSite
services and facilities at your own risk. WorldSite specifically disclaims all warranties of
merchantability and fitness for a particular
purpose. In no event shall WorldSite 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 WorldSite HARMLESS FROM ANY CLAIMS RELATING
TO ANY ACTION TAKEN BY WorldSite. CUSTOMER AGREES
THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD
WorldSite HARMLESS FROM ANY AND ALL DEMANDS,
LIABILITIES, LOSSES, COSTS, CLAIMS, INCLUDING
REASONABLE ATTORNEY'S FEES ASSERTED AGAINST WorldSite, 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 WorldSite
AGAINST LIABILITIES ARISING OUT OF:
(1) any injury to person or property
caused by any products sold or otherwise
distributed in connection with WorldSite’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 WorldSite’s
server.
WorldSite shall be the sole judge of
what violates this Policy.
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Account Cancellation:
You
may cancel at anytime. As a policy, we do not
offer credits or refunds for hosting time already
expended. Domain registration fees and setup fees
are nonrefundable.
NOTE: WorldSite charges a $25.00 fee
for returned checks and a $75 fee for charge
backs. For international customers, if you are
sending a check/money order the amount must be
drawn in US dollars. You may cancel at anytime.
Phone requests 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 WorldSite 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 WorldSite.com 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 WorldSite to formally cancel
your account and avoid further charges.
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Account Changes:
Most
account maintenance issues can be handled in your
Control Panel. There is a one-time fee of $20 for
replacing an existing account domain name with
another domain name, whether from spelling
error(s) or other purposes.
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Account Ownership:
WorldSite is only
responsible to the present owner of the Web
hosting space. We verify ownership by credit card
number (if paid for by credit card), name,
address, email address, username, & password.
If you give this information to any other party or
give access to your email address on your account
to another party, you risk having your Web site
and any other information on your account changed
and/or deleted. We are not responsible for any
information on your account should you reveal this
information to another party who causes damage to
your account and/or Web site.
If you are a Web designer and you are not the
person paying for the hosting account we advise
you to receive payment for your work before you
publish it to our servers. Once the Web site is
published to our servers the account owner has
retained ownership of that content.
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- a description of the copyrighted work that
is the subject of the claimed infringement (if
multiple works are being infringed at a single
site, a representative list of such works at
that site is adequate);
- a description of the infringing material and
information sufficient to permit WorldSite to
locate the material;
- contact information for you, including your
address, telephone number and/or email address;
- a statement by you that you have a good
faith belief that use of the material in the
manner complained of is not authorized by the
copyright owner, or its agent, or the law;
- a statement by you, signed under penalty of
perjury, that the information in the
notification is accurate and that you have the
authority to enforce the copyrights that are
claimed to be infringed; and
- a physical or electronic signature of the
copyright owner or a person authorized to act on
its behalf.
Failure to include all of the above-listed
information may result in a delay of the
processing of your complaint. WorldSite, Inc. will
terminate the online privileges of users who
infringe the copyright of others.
For more information on the Digital Millenium
Copyright Act please click here.
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Domain Registration/transfer:
It is
your responsibility to verify that the
registration of your domain name is complete. And,
when the domain name registration comes up for
renewal, the Domain Name Registration Company
ordinarily will email the contact for your domain
to remind you it will soon expire. If you do not
keep your domain name's registration current, then
the domain registration will expire and the domain
would then become available for others to
register. It is your responsibility to be certain
that you keep your domain name registered. You can
check the expiration date of your domain's
registration here.
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Email Policy:
WorldSite
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 25 email
addresses or more than 10 news groups.
Client is responsible for keeping
email storage on hosting account below 10 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.
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SPAM
Policy:
WorldSite 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 WorldSite network, by customers
or any other users of the WorldSite network
(including customers' customers); AND/OR over ANY
network— if the message sent advertises or
mentions a site hosted on the WorldSite
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 an WorldSite email
address or web site URL is prohibited. The use of
WorldSite 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 our network, please
direct them at to our staff here.
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Content Policy:
All
services provided by WorldSite 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 WorldSite from any claims
resulting from the use of the service which
damages the subscriber or any other party.
We do not allow sites that promote
any illegal activity or present content that may
be damaging to WorldSite 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
- Warez sites
Any illegal activity, spamming or
hacking will result in your site being shut down
and all your files deleted without warning.
WorldSite will be the sole arbiter
as to what constitutes a violation of this
provision.
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CGI Scripts Policy:
Each
account comes with its own cgi-bin. You are free
to use any CGI scripts you wish, however we
reserve the right to disable any CGI script that
effects normal server operation or service to
other WorldSite customers. You will be notified in
24 hours about offending cgi script. No chat room
or similar scripts allowed.
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Chat Policy:
WorldSite
does not allow chat rooms. You can however link
your site to a chat provider. Some examples of
chat providers are: www.humanclick.com,
www.liveperson.com, and www.livehumanhelp.com.
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Traffic Policy:
WorldSite
allows for very generous traffic, and most sites
never exceed 4 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. WorldSite
customers are discouraged from storing any files
that cause excessive traffic on WorldSite servers.
Please contact WorldSite Technical Support team
for more information. Again, 99% of the sites do
not fall into this category and never reach our
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 WorldSite or any other Internet servers
will result in immediate account deactivation
without prior notice. No refund is given in this
case.
We reserve the right to charge
additional fees for extremely high bandwidth sites
(over 12 GB of transfer per month). This only
includes .1% of our currently hosted web sites.
You will be charged for transfer
that you use beyond our generous data transfer
limits without prior notification. You can monitor
your transfer at anytime in your Control Panel,
and you can have us notify you you when you are
nearing your limit by going to Account Management
in your Control Panel and setting up
notification.
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Backups:
Full backups are
made weekly, and backups of new/changed data made
nightly. No guarantees are made of any kind,
either expressed or implied, as to the integrity
of these backups. Backups are made for server
restoration purposes only. It is the clients'
responsibility to maintain local copies of their
web content any information. The "Archive Manager"
is included in each hosting plan and client can
use this tool to back up their files. If loss of
data occurs due to an error of WorldSite, we will
attempt to recover the date for no charge to the
client. If data loss occurs due to negligence of
client in securing their account or by an action
of the client, WorldSite will attempt to recover
the data from the most recent archive for a $50.00
fee.
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Telephone Support:
Client
agrees to use the Help Desk located at www.website-helpdesk.com/support/
for technical support issues. WorldSite does,
however, offer telephone support to clients.
Client agrees not to abuse this resource. Abuse
includes placing multiple repeat calls without
leaving a message or leaving multiple messages in
the same 24-hour period. Clients who abuse
telephone support privileges may, at Provider's
sole discretion, have telephone support privileges
revoked and/or incur a charge of $5.00 per call.
WorldSite shall have sole authority to determine
violations of this policy.
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Privacy:
We use your IP
address to help diagnose problems with our server,
and to administer our Web site.
Our site uses an order form for
customers to request information, products, and
services. We collect visitor's contact information
(like their email address) and financial
information (like their account or credit card
numbers). Contact information from the order form
is used to generate accounts. The customer's
contact information is also used to get in touch
with the customer when necessary. Financial
information that is collected is used to bill the
user for products and services.
- Registration:
In order to register for
our service(s), the user is required to supply
his / her Full Name, Company Name, Full Address,
Phone Number, E-mail address, username, and
domain name.
- To register for Web Hosting, the user must
also supply a username, password and domain
name. To use the Search Engine submission tool,
the user must supply their domain name / URL.
Sharing of Information:
WorldSite
uses the above-described information to contact
our clients in regards to changes in our services.
Information that is collected is not shared with
or sold to any third party, with the following
exceptions:
Domain Registration - In order for
WorldSite to register / modify domain names, the
above information is submitted to Bulkregister.com
or one of our other ICCAN-accredited domain
registrars. WorldSite is not responsible for the
privacy practices of those Web-Sites described
above to whom which we must provide information.
This site does contain a small
number of links to other sites. WorldSite is not
responsible for the privacy practices or the
content of such Web sites.
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Resellers:
- You provide billing to your
customers. We do not bill your customers. We
bill you for the domain and space, then you turn
around and bill them for your cost from us and
your services in addition to that
- We can only allow you to be a
reseller if you are paying by credit card
- Actual or attempted violations of
policy by a customer's end user shall be
considered violations of the policy by the
customer regardless of intention and will be
acted upon accordingly
- Your customers are given a
limited amount of transfer and if we feel that
one of your customers are using up more transfer
than allocated or are taking up too much of the
CPU usage then we will need to pass some of the
extra cost on to you and you will need to pass
it on to your customer. You will need to put
that in your terms and conditions for the
hosting
- You agree that neither you nor
your customers can hold us responsible for
services that you offer
- Your customers have to abide by
the same terms and conditions as you do, or we
have the right to cancel any of your reseller
accounts
- If you abuse our services, we
reserve the right to cancel your account, which
will also cancel your customers accounts
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Uptime Guarantee:
If our servers are not up 99.9% of
the time during your first 30 days of hosting we
will gladly refund your hosting fees for the
current month (setup fees and domain name
registration fees are non-refundable). Just go to
our Help
Desk and open a support ticket. Be sure and
mention that you would like a refund based on our
99.9% Uptime Guarantee.
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Contact Us:
Contact us at
our Help Desk located at www.website-helpdesk.com/support/ if your
question was not answered in this Policy.
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