Welcome to the WootHosting terms, conditions and
policies, which apply to your use of the WootHosting Website
and/or services. By accessing this Website and Services, you
agree to be bound by them.
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DEFINITIONS
"Conditions" means these terms and conditions: "Personal
Information" means any personal details provided by you
via the Website; "User(s)" means (a) user(s) of
the Website either collectively or individually, as the context
requires; "We/us/our" means WootHosting, "Website"
means the website located at http://www.woothosting..net or
any subsequent URL which may replace it; and "You/your"
means you as a user of the Website and Services.
1. ACCESS
We will provide you with access to the service in accordance
with these Conditions.
2. YOUR OBLIGATIONS
2.1 You.
2.1.1 agree NOTto use the service (or any part of) for any
illegal purpose and agree to use it in accordance with all
relevant laws;
2.1.2 agree not to upload or transmit through the service
any computer viruses, macro viruses, trojan horses, worms
or anything else designed to interfere with, interrupt or
disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the service any
material which is adult oriented content (pornography) of
any kind and/or link to known adult oriented content, racially
or religiously offensive, or of any hate material of obscene
or menacing character, NO EXCEPTIONS TO THE RULE;;
2.1.4 will not use the service in a way that may cause the
service to be interrupted, damaged, rendered less efficient
or such that the effectiveness or functionality of the Website
and/or hosting network servers is in any way impaired;
2.1.5 will not use the service in any manner which violates
or infringes the rights of any person, firm or company (including,
but not limited to, rights of intellectual property, rights
of confidentiality or rights of privacy);
2.1.6 agree that in the event that you have any right, claim
or action against any Users arising out of that User's use
of your website service content provided, then you will pursue
such right, claim or action independently of and without recourse
to us.
3. INDEMNITY
3.1 You agree to be fully responsible for (and fully indemnify
us against) all claims, liability, damages, losses, costs
and expenses, including legal fees, suffered User's and arising
out of any breach of the Conditions by you or any other liabilities
arising out of your use of the Website and services provided,
or the use by any other person accessing the Website or service
using your PC or internet access account.
4. OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the
Website or Service (or any part of) with or without notice
to you and you confirm that we shall not be liable to you
or any third party for any modification to or withdrawal of
the service; and/or
4.1.2 change these Conditions from time to time, and your
continued use of the Website (or any part of) following such
change shall be deemed to be your acceptance of such change.
It is your responsibility to check regularly to determine
whether the Conditions have been changed. If you do not agree
to any change to the Conditions then you must immediately
stop using the service and contact us as soon as possible
with any disagreements you may have.
4.2 We will use our reasonable endeavors to maintain the Website
and service. To maintain the highest level of service and/or
product to the user. The Website is subject to change from
time to time. You will not be eligible for any compensation
because you cannot use any part of the Website or because
of a failure, suspension or withdrawal of all or part of the
Website due to circumstances beyond our control, unless otherwise
specified with-in.
4.3 agree that circumstances beyond our control refer to,
but not limited to, large scale national and/or international
power grid outages, natural weather related catastrophes (earthquakes,
hurricanes etc.), space/atmospheric occurrences, terrorist
act or sabotage of crucial hardware, equipment and/or data
centers, act of God, wars, insurrection, civil commotions,
riots, strikes, fires, floods, water damage, explosions, shortages
of labor or materials, labor disputes, transportation problems,
accidents, embargoes, or governmental restrictions (collectively
"Force Majeure").
4.4 agree Woot Hosting will make reasonable efforts to reduce
to a minimum and mitigate the effect of any Force Majeure.
Notwithstanding anything contained elsewhere herein, lack
of finances will not be considered an event of Force Majeure
nor will any event of Force Majeure suspend any obligation
of customers for the payment of money due.
5. THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we
may provide links to other websites or resources. You acknowledge
and agree that we are not responsible for the availability
of such external sites or resources, and do not endorse and
are not responsible or liable, directly or indirectly, for
the privacy practices or the content (including misrepresentative
or defamatory content) of such websites, including (without
limitation) any advertising, products or other materials or
services on or available from such websites or resources,
nor for any damage, loss or offence caused or alleged to be
caused by, or in connection with, the use of or reliance on
any such content, goods or services available on such external
sites or resources.
6. MONITORING
We have the right, but not the obligation, to monitor any
activity and content associated with the service. We may investigate
any reported violation of these Conditions or complaints and
take any action that we deem appropriate (which may include,
but is not limited to, issuing warnings, suspending, terminating
or attaching conditions to your access and/or removing any
materials from the service).
7. YOUR PERSONAL DATA
7.1 We respect your personal information and undertake to
comply with applicable U.S. Data Protection legislation from
time to time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory
or government authority investigating suspected illegal activities,
or upon receipt of a court order, to provide your Personal
Information and/or information concerning your activities
whilst using the service we shall do so; and
7.3 We reserve the right in our reasonable discretion to disclose
details of your use of the service in relation to any, or
any threatened, Court Proceedings in connection with your
use, or the use of anyone under your control, of the service
whether in connection with the matters set out in these Conditions
or otherwise.
7.4 Please view our Privacy Policy, which forms part of these
Conditions.
8. INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, trademarks
and all other intellectual property rights in all material
or content supplied as part of the Website or service shall
remain at all times vested in us or our licensors. You are
permitted to use this material only as expressly authorised
by us.
8.2 The Website is Copyright, WootHosting, 2005-2009. All rights
reserved.
9. NOTICES
9.1 You may send us notices under or in connection with these
Conditions:
9.1.1 by post to PO Box 23 Jasonville, Indiana 47438-1335;
9.1.2 by email to Support Department
9.2 As proof of sending does not guarantee our receipt of
your notice, you must ensure that you have received an acknowledgement
from us, which will be sent within 3 working days of our receipt
and should be retained by you.
10. LIMITATION OF LIABILITY
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE
ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE
NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS
ACCURACY.
10.2 The Website and services is provided on an "as is"
and "as available" basis without any representation
or endorsement. Unless specified in separate terms and conditions
related to a particular product or service, we make no warranties
of any kind, whether express or implied, in relation to the
Website or service, or products or services offered on the
Website whether by us or on our behalf (including free software
and program downloads) including but not limited to, implied
warranties of satisfactory quality, fitness for a particular
purpose, non-infringement, compatibility, security, accuracy,
condition or completeness, or any implied warranty arising
from course of dealing or usage or trade.
10.3 Unless specified in separate terms and conditions related
to a particular product or service, we make no warranty that
the Website or products or services offered on the Website
whether by us or on our behalf (including free software and
program downloads) will meet your requirements or will be
uninterrupted, timely, secure or error-free, that defects
will be corrected, or that the Website or the server that
makes it available or products or services offered on the
Website whether by us or on our behalf (including free software
and program downloads) are free of bugs or are fully functional,
accurate, or reliable. We will not be responsible or liable
to you for any loss of content or material as a result of
uploading to or downloading from the Website(s).
10.4 Notwithstanding any other provision in the Conditions,
nothing shall limit your rights as a consumer under USA law.
10.5 You acknowledge that we cannot guarantee and therefore
shall not be in any way responsible for the security or privacy
of the Website and service any information provided to or
taken from the Website or service by you.
10.6 We will not be liable in contract, tort or otherwise
if you incur loss or damage connecting to the Website or service
through a third party's hyper-text link.
10.7 We will not be liable, in contract, tort (including,
without limitation, negligence), pre-contract or other representations
(other than fraudulent misrepresentations) or otherwise out
of or in connection with the Website or products or services
offered on the Website whether by us or on our behalf (including
free software and program downloads) for:
10.7.1 any economic losses (including without limitation loss
of revenues, profits, contracts, business or anticipated savings);
or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special or indirect or consequential losses; in
any case whether or not such losses were within the contemplation
of either of us at the date on which the event giving rise
to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit our
liability for death or personal injury resulting from our
negligence or that of our servants, agents or employees.
11. Unsolicited E-Mail/newsgroup spamming
11.1 Unsolicited mail (SPAM) and spamming USEnet newsgroups
are absolutely prohibited. Users caught doing this (outgoing
mail spools ARE monitored actively for it) will be suspended
immediately and notified to cease this activity and remove
any tools used to do this upon reconnection. Offenders, depending
on seriousness and history of abuse, may be permanently removed
from WootHosting network, suspension of service whether part
or in whole, without refund, or may have access to mail and
other services removed from their account temporarily or permanently;
11.2 agree violators will be assessed a minimum fine of $100
and may have their hosing plan(s) terminated or suspended;
11.3 agree that Woot Hosting reserves the right to determine,
in its sole and absolute discretion, what constitutes a violation
of this provision.
12. Mass Emailing Policy
12.1 agree to sending no more than 200 emails in any 60 minute
period. This policy is necessary to protect the quality of
Woot Hosting service, as mass emailing can consume excessive
amounts of server resources, which negatively impacts the
quality of hosting service other clients receive;
12.2 agree to first violations of this policy will result
in an Administrative Fee of $25.00 and immediate account suspension;
12.3 agree to be re-activated , that you must provide a written
and signed statement stating “I have read, understood,
and agree to Woot Hosting Mass Emailing Policy”;
12.4 agree to any second violation of this policy will result
in immediate account cancellation and imposition of an Administrative
Fee of $100.00.
12.5 agree Woot Hosting shall not refund to Customer any fees
paid in advance of such cancellation and you shall be obligated
to pay all fees and charges accrued prior to the effectiveness
of such cancellation;
12.6 agree that you shall be obligated to pay 100% of all
charges for all services for each month remaining in the Term.;
12.7 agree that Woot Hosting reserves the right to determine,
in its sole and absolute discretion, what constitutes a violation
of this provision.
13. Fraud / Forgery / Impersonation
Fraudulent activity such as pyramid schemes, forgery of information,
impersonation of other websites to obtain private information,
and any other deceptive practices are strictly forbidden.
Also false account information such as name, address, etc
may result in account suspension until valid information is
received.
14. Minimum Age Requirement
14.1 agree that you are of 18 years of age or older to purchase
hosting services with Woot Hosting;
14.2 agree any individual under the age of 18 years ("Minor")
must have a parent or guardian accept this Agreement in order
for the Minor to become an Woot Hosting customer;
14.3 agree as a parent or guardian who accepts this Agreement
on behalf of a Minor will be primarily liable for ensuring
complete and proper compliance with this Agreement, including
the timely and full payment of the charges for Woot Hosting
services, and such primary liability will continue even when
the Minor has attained the age of 18, unless the parent or
guardian obtains Woot Hosting's express written consent to
the contrary.
15. Privacy Policies
Woot Hosting and Woot Network takes your personal privacy serious and understands the importance of securing your personal data.
15.1 we take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data;
15.3 we restrict access to personal information to Woot Hosting/Wootnetwork employees, contractors and agents who need to know that information in order to operate, develop or improve our services. Our staff are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations;
15.4 all personal information and financial data are stored using 128 bit secure socket layer (SSL) encryption;
15.5 NO important credit card information can be view by us at any time;
15.6 all financial information must be changed by you within our billing section of our web site. We will not at any time make these changes for you, whether by submitting these changes by mail, email or word of mouth;
16. 30-Day Money Back Guarantee
If you are not completely satisfied for any reason within
the first 30 days of purchasing a hosting plan, you will be
given a full refund of the fees paid in advance upon plan
cancellation. The 30-Day Money Back Guarantee is only available
to new customers and cannot be invoked by anyone who has ever
previously been a customer of WootHosting or has been a customer
of WootHosting for over 30 days. The following services are
not covered by the 30-Day Money Back Guarantee and are non-refundable
for any reason: additional items and services; domain name
registration; dedicated servers; virtual dedicated servers;
plan renewals; plan upgrades; plan term extensions; SSL certificates;
and overage fees. To invoke the 30-Day Money Back Guarantee,
you must cancel your plan within 30 days of purchase date.
This date is the exact time that we have received and verified
payment. THERE ARE ABSOLUTELY NO REFUNDS OFFERED, PROMISED
OR AVAILABLE AFTER 30 DAYS OF PURCHASE.
17. Annex to Executive Order
17.1 agree in purchasing Woot Hosting services, all Woot Hosting
customers certify that they and/or the organization they represent
in procuring services from Woot Hosting are not, nor have
been designated, a suspected terrorist as defined in Executive
Order 13224; are not owned or controlled by a 'suspected terrorist'
as defined in Executive Order 13224; and are not on, are not
a member of, related to, associated with, or controlled by
any organizations on the list contained in the Annex to Executive
Order 13224 and all updates thereto.
18. SEVERANCE
18.1 If any part of the Conditions shall be deemed unlawful,
void or for any reason unenforceable, then that provision
shall be deemed to be severable from these Conditions and
shall not effect the validity and enforceability of any of
the remaining provisions of the Conditions.
19. WAIVER
19.1 Nothing shall be construed as a waiver by us of any preceding
or succeeding breach of any provision.
20. SURVIVAL
20.1 Each provision of these Conditions shall be construed
as separately applying and surviving even if for any reason
one or other of those provisions is held to be inapplicable
or unenforceable in any circumstances.
21. ENTIRE AGREEMENT
21.1 These Conditions (as amended from time to time) contain
the entire agreement between you and us relating to the subject
matter covered and supersede any previous agreements, arrangements,
undertakings or proposals, written or oral, between you and
us in relation to such matters. No oral explanation or oral
information given by either of us shall alter the interpretation
of these Conditions. You confirm that, in agreeing to accept
these Conditions, you have not relied on any representation
save insofar as the same has expressly been made a representation
in these Conditions and you agree that you shall have no remedy
in respect of any misrepresentation which has not become a
term of these Conditions save that your agreement contained
in this Clause shall not apply in respect of any fraudulent
misrepresentation whether or not such has become a term of
these Conditions.
22. LAW
22.1 The Conditions will be exclusively governed by and construed
in accordance with the laws of USA whose Courts will have
exclusive jurisdiction in any dispute, save that we have the
right, at our sole discretion, to commence and pursue proceedings
in alternative jurisdictions.
Revised: 01-20-2009
Any violation of these terms are subject
to immediate review by our Woot Staff board and services may
be altered, suspended and/or completely concelled with WootHosting
website(s), server(s) and/or network. By means of electronic
deletion of your account subscription and/or IP blocked to
access our website(s), server(s) and/or management systems.
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NEWS & WEBMASTER TIPS
Woot
Hosting is built around extreme speed, reliability,
and performance. Our Internet back bone is made of 6 Gig pipes &
each server is connected by a dedicated 100 mbps lightning fast
line. A fully redundant and Certified CISCO Network, offering 99.999%
network reliability using BGP4 network science.
WOOTHOSTING
- TERMS, CONDITIONS AND POLICIES
