Submission of your account order shall constitute
your acceptance of these Terms and Conditions.
1. Provision of services
a. Service means - Any act of serving the
ACCOUNT HOLDER, being provided by W2W HOSTING, regardless
of its duration and whether it's a paid service or a free
b. Without limiting the scope of item 1.a.
above, W2W HOSTING will provide services on its host computing
systems, shared server to individual ACCOUNT HOLDERS in exchange
for payment of fees and compliance with the terms and conditions
of this document.
c. W2W HOSTING's fee does not include the
initial domain registration fee and renewal fee thereafter,
or any other regional registrar domain registration fees.
e. Be advised that upon registering a domain
name, you will be subject to the Terms and Conditions of InterNIC
or other registries as applicable.
2. Use of Services
a. The ACCOUNT HOLDER agrees to use the services
provided by W2W HOSTING as permitted by applicable local,
provincial, state, and federal laws. The ACCOUNT HOLDER agrees,
therefore, not to use these services to conduct any business
or activity or solicit the performance of any activity that
is prohibited by law, libelous, or against any W2W HOSTING
b. W2W HOSTING reserves the right to refuse
service to any new or existing customers.
c. The ACCOUNT HOLDER is solely responsible
for any legal liability arising out of, or relating to, his/her
web site at W2W HOSTING. The ACCOUNT HOLDER represents and
warrants to W2W HOSTING that it holds the necessary rights
to permit the use of any of the items on his/her web site,
and, that the use, reproduction, distribution, transmission
or display of any data to the public, and any material to
which the public can link through, or any products of services
made available to the public through his/her web site, will
violate or potentially violate any criminal laws or any rights
of any third parties, including, but not limited to, such
violations as infringement or misappropriation of any copyright,
patent, trademark, trade secret, music, image, or other proprietary
or property right, false advertising, unfair competition,
defamation, business or personal dispute or argument, invasion
of privacy or rights of celebrity, violation of any anti discrimination
law or regulation, or any other right of any person or entity,
or any personal or business argument or dispute; or
contain any material that is: unlawful, harmful, fraudulent,
libelous, slanderous, threatening, abusive, harassing, defamatory,
vulgar, obscene, profane, hateful, racially, ethnically, disputatiously,
argumentatively or otherwise objectionable, including, without
limitation, any material that encourages conduct that would
constitute a criminal offense, give rise to civil liability,
or otherwise violate any applicable local, provincial, state,
national or international law. ACCOUNT HOLDER agrees to indemnify
and to hold W2W HOSTING, and any third party entities related
to W2W HOSTING, harmless from and against any and all liability,
loss, damages, claims, or causes of action, including reasonable
legal fees and expenses arising out of or related to:
The ACCOUNT HOLDER's breach of any of the forgoing representations
and warranties, or
any other third party claim with respect thereto.
d. The ACCOUNT HOLDER understands and agrees that hosting
of the ACCOUNT HOLDER's web site is at the sole discretion
of W2W HOSTING. W2W HOSTING may at its sole discretion discontinue
web site hosting service to any ACCOUNT HOLDER operating a
web site that W2W HOSTING deems to be in violation of Section
(3c.) of these Terms and Conditions.
e. W2W HOSTING accounts cannot be transferred
or used by anyone other than the ACCOUNT HOLDER. ACCOUNT HOLDER
may not sell, lease, rent or assign the connection or parts
of the connection to any party not named in this agreement.
f. Use of other organizations networks or
computing resources is subject to their respective permission
and usage policy.
3. Use of Material
a. Public Domain materials (e.g., images,
text, and programs) may be downloaded or uploaded using W2W
HOSTING services. ACCOUNT HOLDERS may also re-distribute materials
in the public domain. The ACCOUNT HOLDER assumes all risks
regarding the determination of whether the material is in
the public domain.
b. As provided by United States federal law,
Canada federal law and by International law, copyrighted materials
(e.g., images, text, and programs) may not be uploaded using
W2W HOSTING. services without the permission of the copyright
holder. Copyrighted materials may be downloaded for personal
use. Except as expressly permitted, materials under copyright
may not be distributed to others. Copyrighted material may
not be changed nor can the author attribution notices nor
the copyright notices be modified.
4. Password Security
The ACCOUNT HOLDER agrees to maintain a secure
password to the account. Secure passwords are those that are
between 6 and 12 characters long, contain upper and lowercase
letters, numbers or other characters. The ACCOUNT HOLDER is
solely responsible for changing its password as required to
assure secure access to its account.
The ACCOUNT HOLDER agrees to protect, defend,
hold harmless and to indemnify W2W HOSTING, its Parents, Subsidiaries,
Affiliates, Executives, Directors, Officers, Managers, Employees,
Successors, Assigns, Consultants and Agents, from any claims,
including attorney's fees, resulting from the ACCOUNT HOLDER's
use of W2W HOSTING services.
6. LIMITED LIABILITY
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL W2W HOSTING
BE LIABLE TO THE ACCOUNT HOLDER FOR ANY BUSINESS LOSS, REVENUES
DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES,
OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR
INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR
INABILITY TO USE, ANY OF W2W HOSTING'S SERVICES, EVEN IF W2W
HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL W2W HOSTING'S LIABILITY EXCEED THE MONTHLY
FEE PAID BY THE ACCOUNT HOLDER. THIS LIMITATION OF LIABILITY
AND RISKS IS REFLECTED IN THE PRICE OF W2W HOSTING'S SERVICES.
b. The ACCOUNT HOLDER acknowledges that W2W
HOSTING. makes an honest effort to keep the information available
on W2W HOSTING's systems accurate. However, W2W HOSTING can
make no warranty of any kind, either expressed or implied,
regarding the quality, accuracy, or validity for the data
and/or information available. Use of information obtained
from or through W2W HOSTING is at the risk of the ACCOUNT
c. The ACCOUNT HOLDER acknowledges that the
information available through the interconnecting networks
may not be accurate. W2W HOSTING. has no ability or authority
over the material. W2W HOSTING can make no warranty of any
kind, either expressed or implied, regarding the quality,
accuracy, or validity of the data and/or information residing
on or passing through these networks. Use of information obtained
from or through W2W HOSTING services is at the risk of the
d. The ACCOUNT HOLDER understands, agrees
and acknowledges that W2W HOSTING makes an honest effort to
provide the ACCOUNT HOLDER with Technologies, Developments
and Innovations that part of them are being licensed, or co-branded,
from or by, third-party entities. However, W2W HOSTING can
make no warranty of any kind, either expressed or implied,
regarding the quality, accuracy, reliability or validity for
the application(s), data and/or information involved in such
items. W2W HOSTING specifically disclaims all warranties of
merchantability and and fitness for a particular purpose.
The use of these application(s), data and/or information obtained
from or through W2W HOSTING , or any other referred third-party,
directly or indirectly, is at the risk of the ACCOUNT HOLDER.
e. The ACCOUNT HOLDER understands, agrees
and acknowledges that W2W HOSTINGwill use its best efforts
to maintain a full time Internet presence for ACCOUNT HOLDER.
The network may be down due, but not limited to, utility interruption,
equipment failure, natural disaster, acts of God, or human
error. ACCOUNT HOLDER agrees that these events may or may
not occur and ACCOUNT HOLDER will hold W2W HOSTING, its Parents,
Subsidiaries, Affiliates, Executives, Directors, Officers,
Managers, Employees, Successors, Assigns, Consultants and
Agents, free and harmless from any damages incurred in any
event of any type of loss resulting from any reason whatsoever.
Uses of W2W HOSTING service is at the risk of the ACCOUNT
7. Payment of fees and penalties
a. The W2W Hosting billing cycle renews each
month on the accounts anniversary.
b. Service payments will be charged in advance
of receiving services.
c. The service contract will be automatically
renewed at the end of its term and the service payment for
the renewal term will be charged automatically to ACCOUNT
HOLDER's credit card without "W2W HOSTING" obtaining
ACCOUNT HOLDER's permission after the initial charge.
ACCOUNT HOLDER shall notify W2W HOSTING of
any changes in credit card number or expiration date. If the
card is not honored for any reason, W2W HOSTING will attempt
to notify the ACCOUNT HOLDER by using the e-mail address on
file. It is the ACCOUNT HOLDER'S responsibility to keep a
valid e-mail address on file with W2W HOSTING. If alternative
payment arrangement has not been made within 7 days, the account
will be terminated. ACCOUNT HOLDER'S credit card information
will be kept on file throughout the length of the account's
billing cycle or until ACCOUNT HOLDER cancels account. Upon
account cancellation, ACCOUNT HOLDER's credit card information
will be destroyed.
d. Payment is due at beginning of each accounting
e. Overdue accounts are those that remain
unpaid 7 days after beginning of accounting cycle.
f. Accounts that are overdue are put on "suspension"
and may not be used. Accounts that are unpaid for 15 days
will be terminated immediately with or without notice.
g. There is a service reconnection charge
equal to the currently charged setup fee to reactivate accounts
from suspended status.
h. The ACCOUNT HOLDER acknowledges responsibility
for the account until payment in full is made.
ii. There is a $25.00 service charge for each
check that is not honored.
j. The ACCOUNT HOLDER will be charged for
excessive bandwidth usage(above the relevant allowance of
the chosen service package). It is the ACCOUNT HOLDER responsibility
to monitor the amount of bandwidth of his/her account, on
a daily basis. W2W HOSTING has no obligation to warn the ACCOUNT
HOLDER regarding the excessive bandwidth usage.
k. No refund on all paid and pre-paid services
after the first 30 days of account activation.
8. "CANCELLATION" Requests
This agreement will commence upon the ACCOUNT
HOLDER's acceptance of it and continue on a month-to-month
a. For ACCOUNT HOLDERS that pay on a MONTHLY
basis ONLY - "CANCELLATION" requests for W2W HOSTING
accounts must be sent to firstname.lastname@example.org and received
by W2W Hosting, before the 15th of each month, in order to
be processed by the end of the same month.
b. For ACCOUNT HOLDERS that pay on a NON-MONTHLY
basis (3 and 12 months) - "CANCELLATION" requests
for W2W HOSTING accounts must be sent to email@example.com
and received by W2W HOSTING, 15 days before the account's
anniversary date, in order to be processed before anniversary
date. This will prevent an automatic renewal and charge.
c. All W2W HOSTING accounts must be paid in
full before the transaction will be considered complete.
d. Cancellations after the first 30 days of
account activation will NOT generate ANY refund.
9. Abuse of Services
a. Any use of W2W HOSTING system resources
that disrupts the normal use of the system for other W2W HOSTING
customers is considered to be abuse of system resources and
is grounds for administrative intervention. Some examples
of system abuse include, but are not limited to, spawning
dozens of processes, consuming excessive amounts of memory
or CPU for long periods of time, overwhelm the server with
heavy CPU usage from highly active CGI scripts or chat scripts,
spamming or mass emailing using internal or external mail
and/or news servers. Without limiting the scope of the above,
W2W HOSTING forbids the storage of illegal/pirated software,
the use of any type of IRC bot and/or proxy (including, but
not limited to, bnc and eggdrop), the storage and use of any
type of software intended for hacking/cracking purposes and
the storage or sale of bulk email lists intended for spamming
or resale purposes.
b. Depending on the nature and the severity
of the abuse, the user may receive an email warning or have
his/her account suspended by W2W HOSTINGTechnical Support.
Spamming activities will result in immediate termination of
services to Account Holder.
c. Unethical and criminal offenses are violations
of W2W HOSTING conditions of use. You are expected to report
to W2W HOSTING any information you may have concerning instances
in which the conditions of use have been or are being violated.
When W2W HOSTING becomes aware of possible violations, we
will initiate an investigation. At the same time, in order
to prevent further possible unauthorized activity, W2W HOSTING
may suspend access to services to the individual account in
question. Confirmation of violations may result in cancellation
of the individual account and/or criminal prosecution. The
account suspension may be rescinded at the discretion of W2W
HOSTING, following payment of a reconnection charge equal
to the current setup fee.
10. IP Addresses
W2W HOSTING maintains control and ownership
of any and all IP numbers and IP addresses that may be assigned
to the ACCOUNT HOLDER and reserves in its sole discretion
the right to change or remove any and all IP numbers and addresses.
ACCOUNT HOLDER will have no right to use the assigned IP numbers
except as allowed by W2W HOSTING in its sole discretion in
connection with the plan ACCOUNT HOLDER has selected, during
the term of this agreement.
The rights and liabilities of the parties
hereto will bind and inure to the benefit of their respective
successors, executors and administrators, as the case may
be, provided that the ACCOUNT HOLDER may not assign or delegate
its rights and obligations under his business relationships
with W2W HOSTING, either in whole or in part, without the
prior written consent of W2W HOSTING. W2W HOSTING may assign
its rights and obligations under this Agreement to a third
party in connection with a merger, consolidation, sale of
all or substantially all of W2W HOSTING's assets or other
12. Governing Law/Severability
Any Agreement, arising from the business relationships
between W2W HOSTING and the ACCOUNT HOLDER, will be governed
by and construed in accordance with the laws of the State
of Illinois, United States of America, without reference to
its conflicts of laws principles. ACCOUNT HOLDER agrees that
any litigation or arbitration between the parties will take
place in the State of Illinois, United States of America,
and consent to personal jurisdiction and venue in that state.
If any provision of that Agreement is found by a court of
competent jurisdiction to be unenforceable for any reason,
the remainder of that Agreement will continue in full force
13. Age of Majority
W2W HOSTING cannot accept agreements and payments
from persons under the age of 18 years. Therefore, W2W HOSTING
requires that its agreements be made with a person who is
qualified to contract. As such, the ACCOUNT HOLDER must be
over the age of 18 years. Otherwise, a parent or guardian
must accept this agreement and ensure the proper payment.
14. Complete Understanding/Modification
These Terms & Conditions constitute the
full and complete understanding and agreement of the ACCOUNT
HOLDER and W2W HOSTING, relating to the subject matter hereof,
and supersedes all prior understandings, agreements, representations
and warranties relating to such subject matter. Any waiver,
modification, or amendment of any provision of this Terms
& Conditions, initiated by the ACCOUNT HOLDER, will be
effective only if accepted in writing and signed by W2W HOSTING.