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Indemnification Policy
You agree to use all WebShack Hosting services and
facilities at your own risk. Webshack Hosting specifically
disclaims all warranties of merchantability and fitness for
a particular purpose. In no event shall Webshack Hosting be
liable for any loss, or loss of data, or other commercial
damage, including but not limited to special, incidental,
consequential or other damages. Customer agrees that it
shall defend, indemnify, save and hold Webshack Hosting
harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney’s fees
asserted against Webshack Hosting, 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, it’s agents,
employees or assigns. Customer agrees to defend, indemnify
and hold harmless Webshack Hosting against liabilities
arising out of: Any injury to person or property caused by
any products sold or otherwise distributed in connection
with Webshack Hosting’s server. Any material supplied by
customer infringing or allegedly infringing on the
proprietary rights of a third party Copyright infringement
any defective products sold to customer from Webshack
Hosting’s server. Webshack Hosting shall be the sole judge
of what violates this Policy.
30 day money back Guarantee
Webshack Hosting offers a 30 day, no questions asked money
back guarantee. After the end of the 30 day period the
Account Cancellation rules apply on all services. Domain
registration fees are not refundable.
Account Cancellation
You may cancel your hosting account at anytime prior to the
next payment due date. Refunds for accounts cancelled after
the first 30 days and before 90 days will be granted less
the dollar amount for the amount of service you have used -
charged at the standard monthly fee for the plan provided.
Any bandwidth overage will be deducted before refund is
granted. After 90 days, a refund equal to one-half the
unused balance will be granted. In other words, Webshack
Hosting will refund you for one-half the months that you
have not used.
Payment Policies
Establishment of these services are dependent upon receipt
by the Company of payment. Subsequent payments are due on
the anniversary date of the month for that month's service.
The above applies to all accounts and services provided by
Webshack Hosting. Accounts not paid by due date are subject
to a $1 late fee. Service will be interrupted on accounts
that reach 7 days past due. Service interrupted for
nonpayment is subject to a $5 reconnect charge. Accounts
that are not collectable by Webshack Hosting may be turned
over to an outside collection agency for collection. All
overcharges or billing disputes must be reported within 60
days of the time the dispute occurred. If you desire to
cancel your account, please follow the proper procedure to
do this as outlined in this TOS.
Account Termination
Webshack Hosting will terminate any account who takes action
to harm our company's reputation. This includes contacting
existing customers or publishing negative information on
internet Chat or Forum sites. If a problem cannot be
resolved the account will be closed. Accounts terminated for
violation of the Terms of Service or Acceptable Use Policy
will not be granted a refund.
Violation of our anti-spam policy will be grounds for
immediate account termination. Web sites deemed offensive,
pornographic or racially degrading, by Webshack Hosting,
will be removed from our servers without notice.
Abusive behavior of any type will not be tolerated.
Webshack Hosting will immediately terminate any account who
harrasses or otherwise abuses our support staff. Web sites
promoting, making available or otherwise contributing to
software piracy, hacking, spamming, denial of service
attacks and/or damage to commercial networks or servers will
be removed from our servers without notice and illegal acts
will be reported and prosecuted. Sites associated with fraud
or other illegal activities will be immediately terminated.
Accounts using up enough server resources to slow or
crash a server will be shut down without prior notice.
Websites with heavy traffic should not run BBS, webcams,
forums and message board programs on our general hosting
accounts, due to the massive amount of server resources they
require. If an account is shut down due to server resource
issues, we will (upon request) make a reasonable effort to
help get the account unsuspended. This includes tracking
down the offending program, if applicable, and/or making
available other arrangements for hosting the account on a
semi-private or private server (additional fees may be
required). Third-party installed versions of FormMail are
forbidden, due to the security risk they pose. We have
FormMail available, globally, for all accounts on our
network.
All server activity is logged. Any snooping, hacking, or
other inappropriate activity of any type outside of your
account, on our servers, will be grounds for termination.
In addition, your account is for web and email use only.
Any other activities, at our sole discretion, will be
grounds for termination as well.
Service
We will make every reasonable attempt to avoid unexpected
server downtime and to ensure that all accounts are well
taken care of. We cannot guarantee or predict server
downtime. Any network problem, or outage, is not covered
under any guarantee or warranty and will not be grounds for
reimbursement for any subsequent financial damages or
losses.
Backups
It is the clients' responsibility to maintain local copies
of their web content any information. Backups are made for
server restoration purposes only. The Backup Manager is
included in each hosting plan and you can use this tool to
backup your files. If loss of data occurs due to an error of
Webshack Hosting, we will attempt to recover the date at 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, Webshack Hosting will attempt to recover the data
from the most recent archive for a $75.00 fee.
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