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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