TERMS OF SERVICE
IMPORTANT NOTICE: *All Payments To Warboxhosting.com (Warboxhosting.com) Are Non-Refundable*
Warboxhosting.com ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Warboxhosting.com Service constitutes acceptance and agreement to Warboxhosting.com's AUP as well as Warboxhosting.com's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Warboxhosting.com and AUP (Acceptable Use Policy) . The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects
in accordance with the laws of the state of Texas, county of Harris
applicable to contracts enforceable in that state. Venue will be
Harris County, Texas
Disclosure to Law Enforcement: The AUP specifically prohibits the
use of our service for illegal activities. Therefore, Subscriber
agrees that the Company 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 Subscriber. In addition Warboxhosting.com
shall have the right to terminate all service set forth in this
Agreement.
Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. If you are a resident of Texas, your purchase of dedicated hosting services are subject to the Texas sales tax rate of 8.25%. All setup fees are subject to an 8.25% tax, 80% of monthly fees are subject to an 8.25% tax, and the remaining 20% of monthly fees are not taxed. If you are a Virutal Site user, 100% of your payments are subject to an 8.25% tax without regard to your location.
Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Warboxhosting.com 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 $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Refund and Disputes: All payments to Warboxhosting.com are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Warboxhosting.com's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Warboxhosting.com an "Administrative Fee" of not less than $50 and not more than $150.
Failure to Pay: The Company may temporarily deny
service or terminate this Agreement upon the failure of Subscriber
to pay charges when due. Such termination or denial will not relieve
Subscriber of responsibility for the payment of all accrued charges,
plus reasonable interest and any collection fees.
Subscriber acknowledges that the service provided is of such a nature
that service can be interrupted for many reasons other than the
negligence of the company and that damages resulting from any interruption
of service are difficult to ascertain. Therefore, subscriber agrees
that the company shall not be liable for any damages arising from
such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for
its own negligence may not in any event exceed an amount equivalent
to charges payable by subscriber for services during the period
damages occurred. In no event shall the company 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 3 to 5 business days. Due
to unforeseen complications, however, this process may sometimes
require up to 7 business days. If the new domain is registered by
the account holder, there will be no handling fee. If the domain
is registered by Warboxhosting.com on behalf of the account holder
a handling fee will be incurred. Transfer of Domains: New webhosting
accounts which involve the transfer of a domain from another provider
to Warboxhosting.net will require a minimum of seven (7) days to
be set up and entered into our DNS servers. In some cases, such
transfers may take up to sixty (60) days. Due to the unpredictable
nature of the transfer process, no guarantees are made regarding
the amount of time a specific transfer may take. If the transfer
of the domain is done by Warboxhosting.com on behalf of the account
holder a handling fee will be incurred. If the customer cancels
service during the transfer period for any reason, all charges are
considered earned. Support Boundaries: Warboxhosting.com, provides
24 x 7 technical support to our subscribers (except for few holidays
and short company meetings when we close our center.) We limit our
technical support to our area of expertise. The following is our
guidelines when providing support: Warboxhosting.com provides support
related to your server or virtual site physical functioning. Warboxhosting.com
does not offer tech support for application specific issues such
as cgi programming, html or any other such issue. Warboxhosting.com
does not provide technical support for YOUR customers. If you can
email, we encourage you to email support@Warboxhosting.com for assistance.
If you are able to get online and have other questions, the answers
may be on our home page - we encourage you to check there first.
Lastly, the Help files in the program you are using may have the
answer to your question so please do investigate these resources
before calling tech support. SPAM and Unsolicited Commercial Email
(UCE): Warboxhosting.com takes a zero tolerance approach to the
sending of Unsolicited Commercial Email (UCE) or SPAM over our network.
Very simply this means that customers of Warboxhosting.com may not
use or permit others to use our network to transact in UCE. Customers
of Warboxhosting.com may not host, or permit hosting of, sites or
information that is advertised by UCE from other networks. In addition,
it is not acceptable to transmit bulk email through remote SOCKS,
HTTP or other similar proxies who in turn make a SMTP (TCP port
25) connection to the destination mail servers. This technique may
result in account suspension or termination. Violations of this
policy carry severe penalties, including termination of service.
In order to prevent unnecessary blacklisting due to spam we reserve
the right to occasionally sample bulk email being sent from servers.
Violation of Warboxhosting.com's SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our SPAM
policy, Warboxhosting.com will initiate an immediate investigation
(within 48 hours of notification). During the investigation, Warboxhosting.com
may restrict customer access to the network to prevent further violations.
If a customer is found to be in violation of our SPAM policy, Warboxhosting.com
may, at its sole discretion, restrict, suspend or terminate customer's
account. Further, Warboxhosting.com reserves the right to pursue
civil remedies for any costs associated with the investigation of
a substantiated policy violation. Warboxhosting.com 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 $250 and your account will be reviewed for possible
immediate termination. A second violation will result in an "Administrative
Fee" of $500 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
$175 per hour that Warboxhosting.com personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your account. As our Customers
are ultimately responsible for the actions of their clients over
the Warboxhosting.com network, it is advisable that Customers develop
a similar, or stricter, policy for their clients. IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their
server that support spammers or cause any of our IP space to be
listed in any of the various Spam Databases will have their server
immediately removed from our network. The server will not be reconnected
until such time that you agree to remove ANY and ALL traces of the
offending material immediately upon reconnection and agree to allow
us access to the server to confirm that all material has been COMPLETELY
removed. Severe violations may result in immediate and permanent
removal of the server from our network without notice to the customer.
Any server guilty of a second violation WILL be immediately and
permanently removed from our network without notice. Network IP
Address Ownership: If Warboxhosting.com assigns Customer an Internet
Protocol address for Customer's use, the right to use that Internet
Protocol address shall belong only to Warboxhosting.com, and Customer
shall have no right to use that Internet Protocol address except
as permitted by Warboxhosting.com in its sole discretion in connection
with the Services, during the term of this Agreement. Warboxhosting.com
shall maintain and control ownership of all Internet Protocol numbers
and addresses that may be assigned to Customer by Warboxhosting.com,
and Warboxhosting.com reserves the right to change or remove any
and all such Internet Protocol numbers and addresses, in its sole
and absolute discretion. Our allocation of IP addresses is limited
by ARIN's new policies. These new policies state that 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 (the "Agreed
Usage"). Warboxhosting.com will monitor Customer's bandwidth
and disk usage. Warboxhosting.com 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 Warboxhosting.com's sole and absolute discretion. If Warboxhosting.com
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,
Warboxhosting.com may, at its sole discretion, collect a deposit,
in an amount determined by Warboxhosting.com, against customer's
credit card on file with Warboxhosting.com. System and Network Security:
Users are prohibited from violating or attempting to violate the
security of the Warboxhosting.com Network. Violations of system
or network security may result in civil or criminal liability. Warboxhosting.com
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. 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 newsgroup posting.
Taking any action in order to obtain services to which such User
is not entitled. Notification of Violation: Warboxhosting.com is
under no duty to look at each customer's or user's activities to
determine if a violation of the AUP has occurred, nor do we assume
any responsibility through our AUP to monitor or police Internet-related
activities. First violation: Any User, which Warboxhosting.com determines
to have violated any element of this Acceptable Use Policy , shall
receive an email, warning them of the violation. The service may
be subject at Warboxhosting.com's discretion to a temporary suspension
pending a User's agreement in writing, to refrain from any further
violations. Second Violation: Users that Warboxhosting.com determines
to have committed a second violation of any element of this Acceptable
Use Policy shall be subject to immediate suspension or termination
of service without further notice. We reserve the right, to drop
the section of IP space involved in Spam or Denial-of-Service complaints
if it is clear that the offending activity is causing great harm
to parties on the Internet. In particular, if open relays are on
your network or a customer's network, or if denial of service attacks
are originating from your network. In certain rare cases, we may
have to do this before attempting to contact you. If we do this,
we will contact you as soon as is feasible. Suspension of Service
or Cancellation: Warboxhosting.com reserves the right to suspend
network access to any customer if in the judgment of the Warboxhosting.com
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 Warboxhosting.com chooses. If inappropriate activity
is detected, all accounts of the Customer in question will be deactivated
until an investigation is complete. 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. Warboxhosting.com reserves
the right to amend its policies at any time. All Sub-Networks, resellers
and managed servers of Warboxhosting.com must adhere to the above
policies. Failure to follow any term or condition will be grounds
for immediate Cancellation. You will be held responsible for the
actions of your clients in the matter described on these Terms and
conditions. Therefore, it is in your best interest to implement
a similar or stricter Terms and conditions or otherwise called Acceptable
Terms of use policy. Indemnification: Warboxhosting.com wishes to
emphasize that in agreeing to the Warboxhosting.com Acceptable Use
Policy (AUP) and Terms of Service (ToS), customer indemnifies Warboxhosting.com
for any violation of the Acceptable Use Policy (AUP) and Terms of
Service (ToS) that results in loss to Warboxhosting.com or the bringing
of any claim against Warboxhosting.com by any third-party. This
means that if Warboxhosting.com is sued because of a customer's
or a customer of a customer's activity, the customer will pay any
damages awarded against Warboxhosting.com, plus all costs and attorney's
fees. 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. A waiver by the
Company of any breach of any provision of this Agreement by Subscriber
shall not operate as or be construed as a continuing or subsequent
waiver thereof or as a waiver of any breach of any other provision
thereof. Subscriber shall not transfer or assign this Agreement
without the prior written consent of the Company. Company may assign
Agreement at anytime without consent from or notice to Subscriber.
Company reserves right to cancel customers rights under this contract
at anytime without further obligation. Warboxhosting.com takes no
responsibility for any material input by others and not posted to
the Warboxhosting.com Network by Warboxhosting.com. Warboxhosting.com
is not responsible for the content of any other websites linked
to the Warboxhosting.com Network; links are provided as Internet
navigation tools only. Warboxhosting.com 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.
Warboxhosting.com is not responsible for any damages your business
may suffer. Warboxhosting.com does not make implied or written warranties
for any of our services. Warboxhosting.com denies any warranty or
merchantability for a specific purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery, and any and
all service interruptions caused by Warboxhosting.com. It is absolutely
forbidden to host pornographic content or IRC servers on Virtual
Server Accounts. Virtual Server Accounts found hosting this material
will be subject to immediate cancellation without refund. Responsibility
for Content: You, as Warboxhosting.com's customer, are solely responsible
for the content stored on and served by your Warboxhosting.com server.
Windows Servers: Requirements for using Microsoft software. Subscribers
are prohibited from allowing more than five (5) authenticated users
of the Microsoft Windows Server Operating Systems under Microsoft
licensing terms and could create liability issues with Microsoft
if violated. Customer agrees not to remove, modify or obscure any
copyright, trademark or other proprietary rights notices that appear
on Software Products or that appear during the use of Software Products.
Customer further agrees not to reverse engineer, decompile, or disassemble
the Software Products. Warboxhosting.com may provide you access
to other third party software and/or services ("Third Party
Products ") through reseller relationships Warboxhosting.com
has established with certain commercial vendors, including without
limitation, Microsoft Corporation ("Third Party Vendors").
Unless otherwise notified, Customer understands that product support
for Third Party Products is provided by Warboxhosting.com and not
by the Third Party Vendor. Neither Warboxhosting.net nor any Third
Party Vendor makes any representations or warranties, express or
implied, regarding any Third Party Products. Customer expressly
acknowledges and agrees that use of third party products is at customer's
sole risk and such third party products are provided "as is"
and without representation or warranty of any kind from Warboxhosting.com
or any third party vendor, including without limitation, any implied
warranty of merchantability, fitness for a particular purpose, accuracy
or completeness of responses or results, correspondence to description,
or non-infringement of third party rights. To the maximum extent
permitted by applicable law, neither Warboxhosting.net nor any third
party vendor will be legally responsible for any damages, whether
direct, indirect, or consequential, arising from the use or inability
to use any third party product. Customer agrees to observe the terms
of any license and/or applicable end user subscriber agreement for
third party products and that customer shall be fully liable to
third party vendors and Warboxhosting.com with respect to any improper
use of such third party products or violation of license agreements
with them and/or applicable end user subscriber agreements. Denial
of Service: We reserve the right to refuse service to anyone at
any time for any reason. © Copyright 2013 Warbox Inc.
