Section 1. Using WebhostMS

By utilizing service from WebhostMS you acknowledge that you agree to the User Agreement set forth below.

If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our service.

You MUST read, agree with, and accept all of the terms and conditions in this Agreement and the Privacy Policy, which include those terms and conditions set out below and those incorporated by reference, before you may access WebhostMS service.

While utilizing the WebhostMS Network, you will not:

Post, transmit, display, distribute or promote any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, profane, racist, or indecent material of any kind.

Encourage, promote, solicit or commit conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any state, local, national or international law.

Post, transmit, display, distribute or promote in any way, information, software, or other material that violates, plagiarizes or infringes the rights of third parties including, without limitation copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right.

Use the WebhostMS Network to run, maintain, or distribute IRC chat rooms, servers, bots or scripts.

Use the WebhostMS Network if one of your accounts are currently under Suspension, restriction or have any limitations in place due to safety concerns or otherwise. Suspended Users are NOT eligible to use this website.

Violate any laws, third party rights, or our policies including but not limited to this User Agreement.

Use our services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the WebhostMS Network for previous violations.

Copy, modify, or distribute content from this site and WebhostMS copyrights or trademarks.

Send unsolicited or otherwise unauthorized spam through the WebhostMS  Network

Harvest or otherwise collect information about WebhostMS users through the Community Forums, including email addresses, without their consent

Engage in network crippling techniques such as sending out DDoS Attacks to other networks; engage in Phishing schemes, or anything other illegal activities that are prohibited by law or this User Agreement.

Engage in operating an online business that may be considered a Pyramid Scheme

Distribute viruses or other technologies that may harm WebhostMS, its users or any interests and properties.

Transfer your WebhostMS Networks account without our express written consent.

Section 2. Abusing WebhostMS

WebhostMS and the Community work together to keep the site working properly and the Community safe.

People report problems, offensive content and policy violations to us.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.

We also reserve the right to indefinitely suspend and/or cancel any accounts that are deemed unconfirmed, or whom we cannot verify individual or corporate identity.

You understand and agree that in the event your account is suspended from our network you will be unable to access our services or any content or data on our network until the specific suspended account has been reinstated by WebhostMS. We are not responsible for any data loss incurred due to Indefinite Suspension related issues related to serious policy violations of our network.

We also reserve the right to display a suspension page on any suspended line of service while the account is under active suspension from our network.

You understand that any suspension pages displaying on your line of service will no longer display when/if the line of service in question is reinstated by us.

If you registered a new domain name in conjunction with your service, and WebhostMS terminates your service due to a termination for cause, then WebhostMS reserves the right to request the domain name provider to remove the domain name from the domain name registry and/or transfer the domain name from you to WebhostMS.

Section 3. Overdue Accounts

You expressly understand and agree that all payments for services are due on the first of each month. Failure to make payment by 11:59PM on the first day of the month will result in your account being considered late.

We will allow a 5 day grace period before assessing a flat fee penalty (as liquidated damages) of $10.00. If your account remains overdue past 11:59PM on the 14th day of the month your account will be subject to a further penalty based on a percentage which is calculated against the overdue balance. Dedicated servers and VPS machines do not have this grace period. They are terminated immediately after payment due.

If your account continues to be delinquent we reserve the right to suspend or terminate your account at any time without notice to you. You also understand and agree that you will not hold WebhostMS responsible for any lost data as a result of an account termination for delinquency.

If your account is terminated on a month-to-month term, there is no termination penalty; however you will be responsible for any amounts owing to WebhostMS. Any amounts owing after 90 days will be forwarded to a third party collection agency.

If your account is terminated on a contract term, you understand and agree you will be responsible for any penalties owing for early termination as well as any amounts owing to WebhostMS.

Section 4. Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of WebhostMS is strictly prohibited.

Any unauthorized use of accounts or computers by a WebhostMS customer, whether or not the attacked account or computer belongs to WebhostMS, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

WebhostMS reserves the right to discontinue service, or deny access to anyone who violates our User Agreement WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of these terms.

Section 5. Web Content Storage & Internet Link

WebhostMS agrees to store actively paying clients Web Site(s) on the WebhostMS Network of servers. The parties expressly recognize that the Internet servers, equipment and telecommunications links are susceptible to crashes and down time. WebhostMS warrants that it shall use its best efforts to maintain a consistent link with the Internet, but cannot and does not warrant that it shall maintain a continuous and uninterrupted link.

Section 6. Bandwidth

WebhostMS does not guarantee any specific response rate or download/upload time. WebhostMS will make best efforts to ensure that there is sufficient bandwidth available to meet all Clients’ bandwidth needs.

Section 7. Liability

You will not hold WebhostMS responsible for other users’ actions of inactions, including things they post. You acknowledge that WebhostMS is a venue and we allow anyone to host anything, at anytime, from anywhere.

Except for any warranties recited in this User Agreement, WebhostMS disclaims all other warranties including, but not limited to, any express or implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, non-infringement and title. WebhostMS shall not be liable for delays or defaults in furnishing goods or services hereunder, including, but not limited to: acts of God or of a public enemy; fires, severe weather, floods, earthquakes, natural disasters, explosions or other catastrophes, and; causes beyond the control of WebhostMS in furnishing items or services including, but not limited to, breakdown or failure of machinery or equipment, or delay in Client reporting problems or furnishing information or materials.

Section 8. Network Maintenance & Performance Upgrades

WebhostMS may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of WebhostMS systems. However, WebhostMS shall provide prior notice where it is reasonably practical under the circumstances, and WebhostMS shall restore service as soon as it is reasonably practical. Client shall not be entitled to any setoff, discount, refund or other credit.

Section 9. Data Backup, Loss, Risk & Unauthorized Access

WebhostMS is not responsible to you for unauthorized access to your data or the unauthorized use of the Services unless the unauthorized access or use results from WebhostMS Networks’ failure to meet its security obligations stated in the Agreement. You are responsible for the use of the Services by any employee of yours, any person to whom you have given access to the Services, and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorized by you.
WebhostMS is not responsible for maintaining working backup copies of data that is stored on any of our services through our wide array or available services, as such WebhostMS cannot be held liable for data loss of any kind and we suggest that data of any importance is frequently backed up.

Section 10. Copyright Infringement

Written notification must be submitted to the following e-mail address: abuse @ webhostms.com

Notification of Claimed Infringement must include the following:

Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
Statement that the complaining party has “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Section 11. Indemnity

You agree to defend, indemnify and hold WebhostMS , its affiliates, Sponsors, Suppliers and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys’ fees, related to or in connection with your, or any user of your account:
a. violation of the User Agreement;
b. use of the Website or any of the Services;
c. placement, posting or transmission of any message, information, software or other content on the Website or through any of the Services.

Section 12. Refund Policy

Try our service risk free for 30 days. If you’re not completely satisfied with our service, simply contact us to deactivate service within 30 days. We’ll promptly refund your fees.

Dedicated Servers and Domain Names are non-eligible for refunds.

This refund policy is null and void if cancellation or termination of service is due to a violation of any terms of service.

Section 13. No Warranty

WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states to not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. If you do not have any active product at WebhostMS more than 60 days, we take right to delete your account without prior notice.

Section 14. Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WEBHOSTMS , INCLUDING ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WEBHOSTMS HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR THE WEBSITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.