TERMS AND CONDITIONS
To use these services constitutes the acceptance of these terms and conditions
in their latest form.
Reseller Status:
4urweb is committed to provide you with a fast, reliable hosting service
combined with unsurpassed customer service, however our services are available
only to selected individuals who are serious about web hosting, for this reason
in order to maintain your reseller status is agrees as follows:
Website Content:
Your Website content will remain under your domain; your domain will not be made
available to any other entity unless you specifically request it. You have the
right to retain files that you seek to hold on your Website as long as they do
not violate our terms and conditions. You are not allowed to publish any
material that under 4urwebs discretion: violates local, state, federal, or
international laws; has obscene or pornographic material, threatens the Internet
community, encourages criminal mischief, or material that could give rise to
civil liability.
Adult Related Websites:
4urweb has a zero-tolerance policy on all adult related websites. We do not seek
to abridge users' constitutional rights, but we uphold all laws applicable to
the content of sites hosted on our servers. The average "Adult Site" gets more
hits than 50 standard Websites combined. Some adult sites get around 5 to 10 GB
of transfer per day. Our servers would be severely slowed with these types of
resources being utilized. We would even be forced to raise our prices to pay for
the additional bandwidth. We strive to keep our servers fast and inexpensive;
therefore, adult sites are not allowed.
Warez Sites:
Warez Sites are sites that are typically used by "hackers" to trade
(upload/download) illegally pirated copies of software programs with one
another. 4urweb has a zero-tolerance policy on all Warez Sites. Sites that
become a trading post for "warez" programs will be reported to any and all
regulatory, administrative, and/or governmental authorities for prosecution. In
addition to your account being deleted from our servers, you may face legal
action that can be taken against you by the programmers/software companies of
the copyrighted software.
Other Unacceptable Content:
Illegal Material or material that is against public policy, material that may be
detrimental to the public health, safety, or welfare. (Such as, but not limited
to: Anarchists Cookbook, bomb making, weapon information, etc., or anything else
that may be considered detrimental or illegal.) 4urweb will be the sole arbiter
as to what constitutes a violation of this provision, and reserves the right to
terminate an account at any time for any reason without refund.
Shell Accounts:
Shell accounts are available for the purpose of editing and setting up your web
site. Shell accounts should not be used as a development platform for issues
unrelated to your web site. Users must not leave their home directories at any
time and must not attempt to gain the privileges of another user. In the event
that such user causes any server crashes/damages, and/or interferes with any of
the following files their shell access privileges will be revoked and denied for
any future use: .bash_history, .bash_logout, .bash_profile, .bashrc. Before
shell access can be enabled on your account, you will need to print this form
and fax it to 1-760-491-2187 along with a copy of your drivers license, passport
or other legal document.
IRC:
We DO NOT allow IRC or IRC bots to be operated on our servers. This includes any
application that utilizes Raw Sockets and/or ICMP Packets to short-circuit the
TCP/IP stack.
Spamming:
Sending the same, or substantially similar, unsolicited email message, whether
commercial or not, to more than one recipient (known as "spamming") is strongly
disfavored among Internet users and Internet service providers. 4urweb is
committed to a zero-tolerance anti-Spamming policy. You are not allowed to use
your 4urweb hosting account or email accounts to send unsolicited email. Our
"Spamming" rules also apply to mailing lists. Mailing lists are only to be
focused at an audience that has voluntarily signed up for your email information
or that has made their email address available for distribution of information
from you. If you have any complaints or comments regarding Spam on our network,
please direct them via email to abuse@4urweb.com.
Newsgroup Spamming:
Defined as excessive cross-posting, or posting the same article to several
newsgroups. This is prohibited. Accepted standards allow no more than 15
newsgroups, or cross-postings, for a single article or similar articles.
Accounts that violated our spamming policies WILL BE TERMINATED without a
refund.
Network Abuse:
Shared hosting accounts, as the name implies operate on shared network
resources. This means that there are several hosting accounts per server.
Excessive use or "abuse" of these network resources by one customer have a
negative impact on all other customers. In all fairness, you are not allowed to
deliberately consume network resources in an excessive manner, this includes but
is not limited to: CPU time, memory, and disk space. You are also not allowed to
use resource-intensive programs that can negatively impact other customers or
the performance of our systems. High Network traffic and throughput is not a
problem for 4urweb, but extreme network traffic or uploading and downloading can
sometimes create problems. 4urweb servers are configured to shut off any account
when its bandwidth allowance is exceeded. You are allowed to exceed your maximum
bandwidth allowance without being shut off as long as you notify 4urweb in
advance, however, you will be billed $5.00 for each additional GB of throughput
on your next billing cycle.
Illegal/Unauthorized Access to Other Computers or Networks:
The illegal or unauthorized accessing (often known as "hacking" or "cracking")
of computers or networks carries potential civil and criminal penalties under
both federal laws and the laws of most states. 4urweb reserves the right to
report illegal activities to any and all regulatory, administrative, and/or
governmental authorities for prosecution.
Other activities:
Whether lawful or unlawful, that 4urweb determines to be harmful to its
customers, operations or reputation, including activities that restrict or
inhibit any other user from using and enjoying our services.
Payments:
All web hosting accounts must be paid in advance with a credit card or in the
instance of this agreement through the U.S. Banking system and will be billed
automatically on a monthly basis. In the event that a credit card is declined,
the customer will be notified by email. Past due accounts that are not brought
current within ten (10) days of the first failed attempt will be subject to
termination.
Taxes:
Client will pay and indemnify and hold 4urweb harmless from any and all taxes
associated with or arising from client's use of the Services, including any
penalties and interest and any costs associated with the collection or
withholding thereof
Refunds:
Reseller accounts are entitled 7 days grace period upon account setup.
Cancellations:
4urweb reserves the right to cancel any member for violating any of these Terms
and Conditions without any refund of service.
If you wish to cancel your services with 4urweb, please email our accounting
department at billing@4urweb.com. You can cancel your Web Hosting account at any
time, however, we do require 30 days notice in order to complete your current
billing cycle.
Interruptions of Service:
Due to the nature of the service provided, an interruption could occur for many
reasons beyond 4urweb negligence. Damages resulting from any interruption of
service are too difficult to ascertain. 4urweb shall not be liable for any
damages that arise from such causes. 4urweb liability for its own negligence may
not in any event exceed an amount equivalent to charges payable for your
specific hosting plan during the period damages occurred.
Data Backups:
4urweb makes full backups every week, and backups of new and changed data every
night. No guarantees are made of any kind, either expressed or implied as to the
integrity of these backups. Backups are made for server restoration purposes
only. It is your responsibility to maintain local copies of your web content. If
for any reason a loss of data occurs, we will attempt to do our best to recover
such data. We reserve the right to delete user’s files after one or both parties
terminates agreement.
Limitation of Liability:
In no event shall 4urweb be liable for damages resulting from loss of data,
profits, or for any incidental, indirect, punitive or consequential damages in
connection with these terms and conditions or in connection with any web hosting
account. In no event 4urweb cumulative liability exceed an amount equivalent to
charges payable for your specific hosting plan during the period damages
occurred.
Privacy:
4urweb will not sell or disclose your information with anyone without your
explicit consent. 4urweb cooperates with those attempting to minimize Internet
abuse, and reserves the right to institute mechanisms as part of its efforts to
reduce such abuse. 4urweb will not monitor or disclose your email messages
unless required to do so by court order or law, however, 4urweb will cooperate
with law enforcement authorities and will notify such authorities if it suspects
illegal activities.
Billing:
You are solely responsible for billing your customers. 4urweb does not bill nor
will provide billing and/or accounting assistance to you.
Technical Support:
You, as a reseller are entitled to receive "Free Technical Support", however,
technical support is only available via email and is limited to issues directly
related to Web Hosting such as server connectivity, http, ftp and email
services. 4urweb does not provide technical support for configuring, using
and/or troubleshooting third party applications including but not limited to:
Mailman Mailing Lists, MySQL Databases, Interchange / Agora Shopping Carts and
CGI Scripts. Most answers to your questions may be on our support pages
available at: http://support.4urweb.com. 4urweb.com WILL NOT provide technical
support to your customers. You are solely responsible for providing direct
support to your customers.
Violation of Terms by 3rd Parties:
Actual or attempted violations of these terms and conditions by a customer's end
user shall be considered violations of the terms by the customer regardless of
intention and will be acted upon accordingly. Your customers have to abide by
the same terms and conditions as you do, or we have the right to cancel any of
your reseller accounts, in addition, if you abuse our services, we reserve the
right to cancel your account, which will also cancel your customers' accounts.
CUSTOMER AGREES TO HOLD 4URWEB HARMLESS FROM ANY AND ALL
DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S
FEES ASSERTED AGAINST 4URWEB, 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 HOLD HARMLESS 4URWEB AGAINST LIABILITIES ARISING OUT OF; (1)
ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE
DISTRIBUTED IN CONNECTION WITH 4URWEB SERVERS; (2) ANY MATERIAL SUPPLIED BY
CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD
PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO
CUSTOMER FROM 4URWB SERVERS.