Terms of use for the Dedicated Server Service
The terms of use below constitute a legal agreement between you (The Customer) and Website Solutions (the Company). Your agreement to be bound by these terms is acknowledged by your use of the Company Services, Support Services and/or any software made available to you by the Company
Customer's Dedicated Server Fees
Dedicated Server Initial Fees
The Company will charge the Customer the appropriate fee, depending on the Dedicated Server type chosen by the customer. All dedicated servers are billed monthly. The first installment includes a set up fee. Both the first installment and the setup fee are non-refundable. The dedicated server will be activated by the Company up to 5 business days after the initial fee payment.
Dedicated Server Renewal Fees
Renewal fee for the dedicated server is due at the end of the pre-paid period for the dedicated server. Renewal fees are non-refundable. The renewal fee may be automatically charged using the payment information from the previous Customer's payment. If no renewal payment is received in up to 48 hours after the dedicated server expiration date, the Dedicated Server service is suspended the Customer should pay a renewal fee together with a setup fee for its reactivation. The Company cannot be held liable for data loss due to failure of the customer to make the renewal payment of the dedicated server before its expiration date.
Domain Name Related Services
The Company provide domain registration, renewal, transfer, and ID protect on behalf of the Customer with a registrar selected by the Company. Apart from the specific Company terms below the use of the domain registration related services is regulated by ICANN, the registrar and the applicable laws. For more information about the ICANN terms and the terms of the two Registrars from which the Company selects, please read:
ICANN Policy:
http://www.icann.org/dndr/udrp/policy.htm
TuCows Domain Registration Agreement:
http://resellers.tucows.com/contracts/tld/exhibita
ENOM domain registration agreement and ID protect agreement
https://www.enom.com/terms/agreement.asp
https://www.enom.com/terms/idprotect_agreement.asp
Domain Names Registration and Use
Free Domain Names Registration and renewal
The registration and the renewal of the Customers domain name will be included in the initial and renewal fees for the dedicated server and will not be subject to additional fees only if the domain name meets all of the conditions below:
1. The domain name registration is requested by the Customer at the time of the initial account setup
2. The domain name is used as the main domain for the dedicated server throughout the whole duration of the hosting service
3. The domain name has one of the following extensions: .com; .net; .org; .us; .biz; .info.
4. The Customer requests the domain renewal in up to 29 days after its expiration day before the domain name redemption period starts. In case the renewal request of a free domain name is received during the domain name redemption period the appropriate redemption fee should be paid by the Customer.
In case of a legitimate refund request for an account, which includes a free domain registration by the Company, the Customer is withheld $14.95/year for the domain name registration and if renewal of the domain is later requested by the Customer renewal fee is due.
Additional Paid Domain Names Registration and Renewal
All domain names that are registered by the Company on Customer's request and do not meet the conditions for free registration and renewal above are subject to the appropriate fees depending on the number of domains ordered, the registration period and the domain extension. Renewal fees are due for all such domains at the end of the pre-paid period. In case the renewal request of an additional domain name is received in more than 29 days after the expiration of the domain, during the domain name redemption period, the appropriate redemption fee should be paid by the Customer. Registration, renewal and redemption fees for such domain names are non-refundable.
Domain Names Registration Additional Terms
Each domain ordered by the customer is registered on behalf of the Customer and the Customer personal details are used for its registration, except for the contact email. The Company will register each domain name with a default Company email address to protect the Customer from receiving unwanted email messages. The Customer understands and agrees that unless he changes this email he may be unable to receive notifications related to his/her domain sent by the domain registration authorities. The Customer can change the Domain administrative email and manage his/her domain name registered or transferred to the Company through the Customer Area. The Customer can transfer the domain name registered by the Company to another domain name registrar at any time.
External Domain Names
Associating domain names, which are not registered by or transferred to the Company, with the Customer's dedicated server is done on the Customer's own risk. The Customer is solely responsible to use only domain names that are compatible with the service of the Company and to manage them in compliance with all legal and technical requirements. The Customer is solely responsible to keep the DNS settings of the external domains up to date with the recommended DNS setting provided by the Company in the Manage Account section of the Customer Area. The Customer agrees to regularly review the DNS information posted in the Manage Account section of the Customer Area and be aware of the changes made.
The Company cannot be held liable for any faults in the domain names functionality or for any faults in the hosting, email or other services provided by the Company which result from a failure of the Customer to manage its external domain in compliance with all legal or technical requirements including but not limited to: wrong DNS servers setup, misspelled domain names, expired domain names, etc
Domain Name Transfer
The Customer can transfer a domain name to the Company. The domain transfer is possible only if the Customer ensures that all the requirements for the transfer are met. Some of the requirements include, but are not limited to:
1. The domain name to be transferred is not in 'locked' Status.
2. The Customer has access to the administrative contact email for the domain.
3. The Customer can provide the Company with the domain EPP key code, applying to domains for which there is such a code.
4. There are more than 15 days till the domain name expiration date.
5. The domain name was registered for the first time more than 60 day ago.
6. The domain name has extension that the Company is able to register.
7. For .co.uk and .org.uk domains the special TAG attribute is set to ENOM
The Company charges the appropriate fee for the domain transfer, depending on the domain name extension. The fee is one-time and is non-refundable. The Company cannot be held responsible if a domain transfer is not successful due to the clients' failure to meet all the domain transfer requirements. Renewal and redemption fees are applicable for any transferred domain in accordance with the Additional Domain Names Registered by the Company on Customer's Request terms.
ID Protect
ID protect is a service that allows the Customer to hide his/her personal details, connected with his/her domain name. ID protect service is provided only for domain names that are registered by or transferred to the Company. The Company will charge the appropriate fee for the ID protect service. The fee is applied and should be paid on a per year basis. The fee is non-refundable. Renewal fee is due for the ID protect service one year after the initial order.
Additional Services and Products
The additional services and products, listed below can be provided by The Company upon Customer's request on the following terms:
Private SSL Certificate
The Company will charge the Customer the appropriate fee, depending on the customer's order of SSL certificate. The fee is applied and should be paid on a per year basis. The fee is non-refundable and includes the following services:
1. One year registration of an SSL certificate on the name of a company, specified by the Customer.
2. Installation of the SSL certificate on the Customer's account.
3. Dedicated IP for the SSL added to the Customer's account.
Any SSL certificate can be used only for the domain name, specified by the Customer in the SSL certificate order form. The Standard SSL and the Geotrust Quick Premium SSL certificates can be used only with the second level domain name chosen by the Customer. The Customer also has to choose whether the certificate will be used for the domain with or without the www prefix. The RapidSSL Wildcard SSL certificates can be used only with subdomains of the domain name specified by the Customer that are not higher than third level domain names.
The Customer is fully responsible for the correctness of the information filled in by him/her during the SSL certificate order process.
Renewal fee is due for the SSL certificate one year after the initial SSL certificate registration.
Dedicated IP
The initial and renewal fees of each dedicated server include 2 Dedicated IPs. Additional dedicated IPs can be added to each customer's account. The company will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per year basis. The fee is non-refundable. Renewal fee is due for each Dedicated IP one year after the initial order.
The Dedicated IP is granted only after the reason for the dedicated IP request is approved by the Company. Additional one-time non-refundable fee is applied to the standard Dedicated IP fee, if the reason for the IP is an External SSL installation.
The Company may change the dedicated IP address of the customer to another IPv4 compatible IP address after giving the Customer as much prior notice as reasonably practicable.
Customer's Use of Traffic (Bandwidth)
Customer's monthly traffic included in the monthly dedicated fee is limited in accordance with the Customer's Dedicated Server type. For any additional traffic used, the Customer will be changed $1.00 per GB. The customer is solely responsible to keep track of the traffic used by his/her Dedicated Server.
Additional RAM
The RAM initially available on the Customer's Dedicated Server depends on the Customer's Dedicated Server type. Additional RAM can be ordered by the Customer on the following terms:
1. If the Customer's Dedicated Server has less than 1 GB RAM at the time of the Additional RAM initial order the RAM of the server will be upgrade to the total of 2 GB
2. If the Customer's Dedicated Server has 1 GB RAM or more at the time of the Additional RAM initial order 2 GB of RAM will be added to the existing RAM used.
3. No more than a total of 4 GB RAM can be provided to any dedicated server.
4. The RAM upgrade procedure could happen in up to 5 business days after the Additional RAM order is received.
5. The RAM upgrade procedure requires a server reboot. It could take up to 2 hours once it began during which time the dedicated server will be inaccessible.
The Company will charge the appropriate set up and first month fees for the additional RAM. Both fees are non-refundable. Renewal fee is due for the additional RAM each month after the initial order, until the upgrade or the dedicated server is cancelled. The Company will act in good faith to inform the Customer for due renewal payments. However, the Customer is solely responsible to make the renewal payments in a timely manner. In case of no renewal payment received the Company may deactivate the additional RAM at its expiration date. The additional RAM deactivation requires server reboot and will result in temporary server inaccessibility.
The Company Dedicated Servers and additional services and products come with the features and price, as described in the Dedicated Server section on Website Solutions website, on the date of the Customer's payment. The Company reserves the right to decide if any changes made to the dedicated server services, prices or discount policies after the Customer's payment should be applied to the Customer's account.
The Customer is solely responsible to provide all the needed information, so that the Company can provide the ordered service. If any information is missing after the order is submitted, the Company will request it from the customer additionally. If the customer does not provide the requested information in 10 business days after the request is sent, the order will be cancelled with no refund.
All Dedicated server fees, including, but not limited to, Initial fees, Additional Services and Products fees, and Renewal fees and technical support fees are non-refundable.
The Company service fees do not include sales, use, transfer, privilege, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. The Customer is solely responsible for paying all applicable taxes. If the Company is billed for any of these taxes by a taxing authority, it will bill the Customer the sum of the payment made.
Service Cancellation By the Customer
Any Dedicated Server service can be canceled by the Customer through the Billing section of the Customer area. The cancellation request process includes initiating a cancellation request and confirmation of the cancellation request. A cancellation request is received by the Company only after it has been confirmed by the Customer. The cancellation becomes effective at the time chosen by the Customer during the Cancellation process. It may take up to 5 business days after the cancellation request is received for the cancellation process to be completed by the company. If there is a renewal billing scheduled before the cancellation process is completed by the Company it will be billed and will not be refunded. Once a service is cancelled by the Customer it can be added again only if a new initial fee(s) is paid by the Customer.
Each canceled dedicated server will be terminated and all data, associated with the account will be deleted. The Company cannot be held liable for loss of data due to account suspension or termination after the cancellation request is received.
Service Cancellation by The Company
The Company may cancel any of its services immediately with no prior notice and with no refund, if the Company determines in good faith that Customer's use of the service violates the terms of use. The Company cannot be held liable for loss of data in case of such a cancellation
The Company may also cancel any of its services, if the Company determines in good faith that this service has become impractical or unfeasible for any technical, legal, regulatory or other reason, by giving Customer as much prior notice as reasonably practicable.
The Company may also cancel the Dedicate Server service used by the Customer for any or no reason with a 14-day prior notice. After the 14-day period the Customer Account will be terminated and any data, associated with the account will be deleted from the Company's servers
In case of Dedicated Server Cancellation by the Company for a reason different from violation by the Customer of Terms of Use, The Company will issue a refund for all the days, for which the dedicated server is prepaid and will not be used by the Customer. The amount of the refund will be calculated dividing the monthly price paid by the Customer for the dedicated server by 30 and multiplying the result by the number of the unused days. The Company will act in good faith to offer several options for receiving the refund; however it is the Customer's sole responsibility to provide the needed information for receiving the refund.
Payment Processing
The Customer understands and agrees that his payment can be process either by the Company or by an authorized vendor of the Company. The Customer agrees to keep the Company and any of its vendors harmless of any fraud risks, ungrounded chargeback requests and other actions related to his/her payment that can influence negatively the standing of the Company or its vendors.
Payment Acceptance
The Company reserves the right to verify each payment and the service will be provided only if the verification process is successfully completed. In case of failure of the verification process the service will not be provided and the payment will be refunded by the Company.
The Customer understands and agrees that during the verification process the Company or its vendors may contact the Customer and request additional information and documents from the Customer. It is the Customer's sole responsibility to provide all the information required in order to verify the payment.
Payment Invoices
An invoice for any service payment will be provided on Customer's request either by the Company or its vendor, depending on who has processed the payment. The Company invoices are provided using the information of the person/organization, who has actually made the payment . The information in the invoice is filled exactly as it was submitted at the time when the service payment was made and no modifications of this information are possible.
Payment Cancellations
The Customer understands and agrees that the services provided by the Company can be canceled only by contacting the Company and in accordance with the "Service Cancellation by the Customer" terms. The Customer understands and agrees that the Company vendors can act only as an intermediary at the point of payment processing, but cannot be involved in any communication or be held liable by the customer in relation to a service provided by the Company.
If a payment is cancelled by the customer directly with a Company Vendor, the service provided by the company will be immediately terminated by the Company with no guarantees against data loss.
Payment Chargeback
In case of a chargeback of the Customer's payment directly through the Credit Card authorities the service provided by the Company will be immediately terminated by the Company with no guarantees against data loss. In case the charge back is ungrounded the Customer is obliged to provide any assistance and documents needed to the Company for reversal of the chargeback in up to 2 business days. The Customer will also be liable to pay a $50 chargeback processing and handling fee. In case of failure by the customer to comply with Payment Chargeback policy the Company reserves the right to handle the case over to a Collection Agency for collecting the due payments by the Customer.
Western Union Payments
The Company no longer accepts Western Union payments. Any fee previously paid through Western Union is non-refundable. Any service previously paid for by Western Union will be delivered up to 3 business days after the Customer provides the 10 digit control number of the payment. All Western Union transaction fees are paid additionally by the Customer and are not included in the price of the service.
Customer's Responsibilities related to his/her Account Confidentiality and Integrity
The Customer is responsible for maintaining the confidentiality of all login information related to his/her account, Control Panel, FTP and other account management tools.
The Customer is responsible for maintaining the security and the integrity of all the software applications that s/he chooses to be uploaded and/or used on his/her account. The Company cannot and will not be liable for any loss or damage arising from security bridged in any such software and application.
The Customer agrees to immediately notify the Company of any unauthorized use of his/her password or account or any other breach of security and to ensure that s/he logouts at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.
The Customer is fully responsible for all activities that are performed through his/her account. The Company has the right to suspend or terminate any account, which does not comply with the terms of use, without prior notice and with no refund. The Company cannot and will not be liable for any loss or damage arising from account suspension or termination due to unacceptable use of the account, even if the Customer is not aware of and/or has not authorized such use.
Customer's Responsibilities Related to Actions that Cause Harm to The Company
The Customer is responsible not to engage in or to instigate actions that cause harm to the Company or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of the Company IPs by the any online spam database, actions resulting in DOS attacks for any of the the Company servers, etc. Failure to comply with this policy may result in a penalty fee, warning, suspension or possible account termination with no refund. The Company has the right to decide in good faith which actions cause harm as well as the size of the penalty fee or the severity of any other corrective action to be applied.
Acceptable Use Policy
Customer should use all services provided by the Company for lawful purposes only. Customer agrees to maintain his/her dedicated server in full compliance with the terms listed below. If any part of the Customer's account is found to violate the Acceptable use policy below, the Company may take immediate corrective actions including immediate suspension or deletion, from the Customer's account without prior warning. Abuse of the acceptable use policy below may result in a warning, suspension or possible server termination with no refund. The Company has the right to decide what constitutes a violation of the terms below.
By using any Services, provided by the Company:
* You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
* You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be spamming or Mail Bombing.
* You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
* You agree not to make, attempt or allow any unauthorized access to the Company website, servers, your own hosting account or the account of any other customer of the Company.
* You agree not to allow any remote code execution of malicious software through the hosting account provided by the Company
* You agree not to cause denial of service attacks, port scans or other endangering and invasive procedures against the Company servers and facilities or the servers and facilities of other network hosts or Internet users.
* You agree not to forge the signature or other identifying mark or code of any other person or engage in any activity (including "spoofing") to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames)
* You agree that you will not use the account provided by the Company for storing any data if it is copyrighted and you are not the owner of the copyright. This includes but is not limited to copyrighted music files, copyrighted video files, copyrighted software, etc.
* You agree that you will not use the Company services to host any website, other content, links or advertisements of websites that:
* infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information;
* are with adult content, pornographic, obscene, unlawfully harassing, or connected with sex-related merchandising;
* profess hatred for particular social, ethnical, religious or other group;
* contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property;
* contain Illegal or Hacking/Phreaking Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);
* contain any kind of proxy server or other traffic relaying programs.
* Promote Money Making Schemes, Multi-level Marketing or similar activities.
* Contain Torrent trackers, Torrent Portals or similar software.
The Customer agrees that the Company has the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. If no revision of the decision is requested by the Customer in 48 hours, the Company decision became binding and final.
The Customer has the right to request a revision of the Company decision for any resource abuse case only once. If this request is received by the Company in 48 hours, after the corrective action has been taken, the Company will revise the case including the additional information provide by the Customer. The decision of the Company in such a case is binding and final, and cannot be a subject of a further change.
The Customer understands and agrees that the Company can terminate each dedicated server that violates the terms of account resource use and cannot be responsible for data loss in such cases.
The Customer understands and agrees that in case of re-activating of a Customer's account suspended for violation of acceptable use policy a re-activation fee of $50.00 will be applied.
Technical Support
The Dedicated Servers fees include initial set up and regular maintenance and updates of the Dedicated Server software, described on the Website Solutions website. All technical support that is not related with the updates and regular maintenance of the initially installed support is paid additionally. The support can be requested by opening a ticket trough the Helpdesk system located in the Customer Area. The Company will charge the appropriate fee for the additional support, depending on the estimated working hours needed for the task to be performed. The fee is non-refundable. The paid support is provided only after a payment for the estimated working time is made by the customer. If additional work turns out to be needed while performing the requested task, additional payment is due by the client, depending on the additional hours of work invested by the Company. The Company has the right to refuse support requests.
The Customer should not abuse the Helpdesk system. Abuse of the Helpdesk system includes, but is not limited to, excessive number of tickets opened by a single customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for posting a ticket, etc. Any abuse of the ticketing system may result in warning, Helpdesk access restrictions, hosting account suspension or possible hosting account termination with no refund.
Backup Policy
The Customer is solely responsible for making backup copies of his/her content. The Company has no liability or obligation to create, store or provide any backup copy to the Customer's content. The Company cannot be and will not be liable for any damage, loss of data, loss of use or other loss occurring because of lack of a copy of Customer's website and other content or having an outdated back up copy of Customer's website and other content.
Loss of Email Messages
The Company acts in good faith to provide email services in association with the Dedicated Server of the Customer. However, the Company cannot be liable for loss of emails resulting from internal or external SPAM protection policies, software or hardware malfunctioning and other factors beyond the Company influence.
The Company Services Ownership
The person/organization, whose information is filled in "My Details" section in the Customer area is considered by The Company as the OWNER of the service. Initially this information is automatically filled by the Company using the information provided during the order process on the order page. If there is both an Organization and a person pointed out as owners, the priority is given to the organization. The change of ownership can be done at any time by changing the information filled in "My Details" section in the Customer area by the current owner. The owner is solely responsible for any change to this section.
The Company will contact the Owner in any event connected with the ordered service. The Company will also consider the Owner as the only one authorized to make requests to The Company connected with the ordered service.
This person/organization, who pays for the ordered service is considered the PAYER of the service and is NOT considered as owner of the service unless one of the following is true::
1. The Owner is the same as the Payer
2. The Owner, has contacted the Company and agreed that the ownership is transfered to the Payer.
In case the OWNER is different from PAYER, the Owner is obliged to inform the Payer about the the Company ownership policy.
Any dispute about ownership that can arise will be settled by the Company based on the ownership policy described above. The Company will consider a court decision overruling in case of ownership dispute, and will always comply with such a decision.
Disclaimer
The Customer understands and agrees with the fact that the Company does not control and is not responsible for the content of data, scripts, or other information passing through The Company's host computers, network hubs and points of presence on the Internet. The Company cannot be liable for the content of any data transferred or stored by any Customer or Customer's customers via the services provided by The Company.
The Dedicated Server Service is provided on an as is, as available basis and are used on the customers' own risk. No warranties related to the service are made, including but not limited to warranties of merchantability or fitness for a particular purpose. The Company makes no warranties that its services will not be interrupted or will be error free. The Company does not guarantee that any specific results can be obtained by using its services. No kind of advice or information, written or oral, given by a Company's employee, owner or agent can be viewed as a warranty of any kind. The Customer understands and agrees that the Company cannot compensate the Customer with a value exceeding the total price the customer has paid for the Company services.
The Company reserves the right at its sole discretion to refuse or cancel service. Violation of any of The Company's Terms could result in a warning, suspension, or account termination.
In case of any judgment against The Company, resulting from a Customer's violation of the law or the above Terms of Use, the Customer will pay all damages, as well as the attorney fees.
The terms of the Disclaimer section shall survive any termination of this agreement.
Choice of Arbitrator
The Customer agrees that if any disputes or claims arise against the Company or its subsidiaries, such disputes will be handled by an arbitrator at the legal registration location of the Company. All decisions rendered by that arbitrator will be binding and final.
Terms of Use Change
The Company reserves the right to change the above terms of use at any time. Such changes will become effective and binding after their posting on Website Solutions website. The Customer agrees to regularly review The Company Terms of Use and be aware of the changes made. By continuing to use the services after a revision posted, the customer agrees to abide by them.
Last update: January 1st 2008 | 
