A. WantToHost Web Hosting & E-commerce Customer Restrictions
WantToHost offers support through email and phone. All support requests will be handled and answered within 24 working hours.
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources, mail servers, Ftp servers, Http servers, SQL database servers) reserves the right to suspend that site immediately. This policy is only intended to prevent the misuse of our servers and to avoid interruption in services to other customers. Customers may be offered an option whereby WantToHost continues hosting the website for an additional fee. WantToHost will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting and E-Commerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to WantToHost's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a WantToHost server, and selling or distributing software (on a web site residing on a WantToHost server) that facilitates spamming. If you appropriate reason or satisfying reason is not mentioned, then the account can be terminated. WantToHost reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
CGI Scripts / PHP / ASP / and other scripts
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. WantToHost does not permit CGI Scripts / PHP / ASP / and other scripts sharing with domains not hosted by WantToHost or any scripts that may be abused for UCE purposes.
Chat Rooms WantToHost does not allow Web Hosting and E-Commerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option.
IRC WantToHost does not allow IRC or IRC bots to be operated by Web Hosting and E-Commerce customers.
WantToHost's Web Hosting and E-Commerce accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact [email protected] to make special arrangements.
Multimedia Files Multimedia files are defined as any audio, and video files. WantToHost Web Hosting and E-Commerce accounts are not to be used for the purposes of distributing and storing illegal / non copyrighted multimedia files.
Adult Content WantToHost does not allow any of the following content to be stored on its servers: Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of WantToHost. Warez - Includes pirated software, ROMS, emulators, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
WantToHost’s services include, but are not limited to:
- Any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers’ account (including all billing data and the space on the particular Web server that WantToHost provides to customers).
- Any use by customers, or
- Any access provided to customers by WantToHost, of computing, telecommunications, software, information, hardware, and equipment.
- Any act, or provision of
- Any service, by WantToHost to customers, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not.
- Any provision by WantToHost to customers, of
- Any space, Internet connectivity, or electrical power.
- Any access or use related to the WantToHost’s web site, including the web site itself.
- Any other service mentioned in the TOU.
- Any other service provided by WantToHost to customers, whether used or not.
- Any other WantToHost services that are used by customers, whether offered or provided by WantToHost to
Ownership of Web Site
The legal owner of customer’s web sites and accounts with WantToHost will be the individual or organization whose name is listed in WantToHost’s database as the owner. Customers will fully cooperate with and abide by any and all of WantToHost’s security measures and procedures in the event of any dispute over ownership of customer’s web sites and accounts with WantToHost.
WantToHost servers may be used for lawful purposes only. Transmission, storage, or distribution of anyinformation, data, or material in violation of any applicable law or regulation, or that may directlyfacilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to:copyrighted material; trademarks; trade secrets or other intellectual property rights used without properauthorization; material that is obscene, defamatory, constitutes an illegal threat, or violates exportcontrol laws. Additionally, in purchasing WantToHost services, all WantToHost customers certify that they and/orthe organization they represent in procuring services from WantToHost are not, nor have been designated, asuspected terrorist as defined by the Constitution of India; are not owned or controlled by a 'suspectedterrorist' as defined by the Constitution of India; and are not on, are not a member of, related to,associated with, or controlled by any organizations listed as terrorist by the Govt. of India.
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") isprohibited, regardless of whether or not it overloads a server or disrupts service to WantToHost’s customers.The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging inspamming using the service of another ISP or IPP and referencing in the spam a web site hosted on aWantToHost server, and selling or distributing software (on a web site residing on a WantToHost server) thatfacilitates spamming. Violators will be assessed a minimum fine of Rs.10000 and will face immediatesuspension. WantToHost reserves the right to determine, in its sole and absolute discretion, what constitutesa violation of this provision.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability.Examples of system or network security violations include, without limitation the following: unauthorizedaccess to or use of data, systems or networks, including any attempt to probe, scan or test thevulnerability of a system or network or to breach security or authentication measures without expressauthorization of the owner of the system or network; interference with service to any user, host ornetwork including, without limitation, mail bombing, flooding, deliberate attempts to overload a systemand broadcast attacks; forging of any TCP-IP packet header or any part of the header information in anemail or a newsgroup posting.
Viruses and Other Destructive Activities
Use of WantToHost’s services or equipment for creating or sending Internet viruses, worms or Trojan horses,or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is alsoprohibited for any customer to engage in other activity that is intended to disrupt or interfere with, orthat results in the disruption of or interference with, the ability of others to effectively use WantToHost’sservices and equipment (or any connected network, system, service or equipment) or conduct theirbusiness over the Internet.
WantToHost is concerned with the privacy of on-line communications and web sites. In general, the Internetis neither more nor less secure than other means of communication, including mail, facsimile, and voicetelephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence,however, WantToHost urges its customers to assume that all of their on-line communications are insecure.WantToHost cannot take any responsibility for the security of information transmitted over WantToHost'sfacilities.Customer ResponsibilityCustomers are required to use the WantToHost network responsibly. This includes respecting the othercustomers of WantToHost. WantToHost reserves the right to suspend and/or cancel service with any customerwho uses the WantToHost network in such a way that adversely affects other WantToHost customers. WhileWantToHost may monitor its service electronically to determine that its facilities are operating satisfactorily,as a general practice, WantToHost does not monitor its customers' communications or activities to determinewhether they are in compliance with the TOU. However, when WantToHost becomes aware of any violation ofthe TOU or other user agreements, WantToHost may take any action to stop or correct such violation,including, but not limited to, denying access to WantToHost’s services and equipment or to the Internet. Inaddition, WantToHost may take action against a customer or a customer of such customer because of theactivities of such customer. WantToHost anticipates that customers who offer Internet services will cooperatewith WantToHost in any corrective or preventive action that WantToHost deems necessary. Failure to cooperatewith such corrective or preventive measures is a violation of WantToHost policy and WantToHost reserves theright to take any such action even though such action may affect other customers of the WantToHostcustomer.
WantToHost and its , affiliates and associates shall not be liable, at any time for damages (including, withoutlimitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwisefrom the use of or inability to use the Service, or any of its contents, or from any action taken (orrefrained from being taken) as a result of using the Service or any such contents or for any failure ofperformance, error, omission, interruption, deletion, defect, delay in operation or transmission, computervirus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use ofinformation contained on the service. No representations, warranties or guarantees whatsoever are madeas to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to aparticular situation. You agree that WantToHost has no responsibility or liability including but not limiting tothe deletion, corruption, loss or failure to store any messages or content / data maintained or transmittedby any WantToHost Service. You acknowledge and agree that no compensation shall be payable whatsoeverwith respect to the aforesaid by WantToHost. WantToHost MAKES NO WARRANTY THAT THE SERVICE WILL BEUNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Actions Taken by WantToHost
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. WantToHostwill be the sole arbiter as to what constitutes a violation of the TOU. WantToHost reserves the right toremove any account without prior notice and to refuse service to anyone at any time. When WantToHostbecomes aware of an alleged violation of its TOU, WantToHost will initiate an investigation. During theinvestigation, WantToHost may restrict a customer's access in order to prevent further potentiallyunauthorized activity. Depending on the severity of the violation, WantToHost may, at its sole discretion,restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. Ifsuch violation is a criminal offense, WantToHost will notify the appropriate law enforcement authorities ofsuch violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, orconstitutes disruptive use of the Internet. WantToHost does not issue credits for any outages incurredthrough service disablement. Violators of the policy are responsible, without limitations, for the cost oflabor to rectify any damage done to the operation of the network and business operations supported bythe network, and to respond to complaints incurred by WantToHost. Indemnification
WantToHost customers agree to protect, defend, hold harmless, and indemnify WantToHost, any third partyentity related to WantToHost (including, without limitation, third party vendors), and WantToHost’s executives,directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies,subsidiaries, and co-subsidiaries with the same parent company as WantToHost, from and against any and allliabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation,any and all legal fees and expenses, arising out of or resulting in any from the customer’s use ofWantToHost’s services.
The WantToHost service is provided on an as is, as available basis without warranties of any kind, eitherexpress or implied, including, but not limited to, warranties of merchantability, fitness for a particularpurpose or non-infringement. WantToHost expressly disclaims any representation or warranty that theWantToHost service will be error-free, secure or uninterrupted. No oral advice or written information given byWantToHost, its employees, licensors or the like, will create a warranty; nor may you rely on any suchinformation or advice. WantToHost and its partners and suppliers will not be liable for any cost or damage
arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or InsolvencyIf a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third partyagainst the customer, WantToHost may immediately terminate provision of WantToHost’s services to thecustomer without prior notice or penalty. Such customer consents to the grant of relief from anyautomatic stay of proceedings against WantToHost in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OFLAW OR EQUITY, WILL WantToHost (INCLUDING, WITHOUT LIMITATION, WantToHost’S EXECUTIVES,DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS,AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANYAS WantToHost, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) ORANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING WantToHost’S SERVICES, BELIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUESDECREASE, EXPENSE SINCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR WantToHost SERVICES, ORANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL,PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TOUSE, ANY WantToHost SERVICES EVEN IF WantToHost HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. WantToHost’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY,FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR WantToHost’S SERVICES, INCLUDING, WITHOUTLIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY WantToHost OR WantToHost’SREPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, ANDWILL NOT EXCEED, THE ACTUAL INDIAN RUPEE AMOUNT PAID BY THE CUSTOMER FOR THE SERVICESWHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTHPERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
WantToHost may discontinue, upgrade, replace, modify, or change in any way, without limitation, anysoftware, application, program, data, hardware, equipment, or portions or components thereof, used toprovide customers with WantToHost’s services. Certain changes to WantToHost’s services may affect theoperation of customers’ personalized applications and content. Each customer is solely responsible, andWantToHost is not liable, for any and all such personalized applications and content.
Backup of DataExcept where WantToHost has expressly agreed in writing to the contrary, customers are solely and entirelyresponsible, and WantToHost is in NO way responsible, for the management and backup of all customer data,and all updates, upgrades, emails and patches to any software that customers use in connection withWantToHost services.
Third Party Licenses
WantToHost makes a reasonable effort to provide customers with technologies, developments, andinnovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, thirdparty entities. However, WantToHost makes NO warranty of any kind, either express or implied, regardingthe quality, accuracy, reliability, validity, or continued existence of any or all aspects of suchTechnologies. Moreover, WantToHost specifically disclaims all warranties of merchantability and and fitnessfor a particular purpose for such Technologies. Furthermore, no customer will hold WantToHost liable in anyway for the revocation of any license, which has been licensed to WantToHost. The use of the Technologiesobtained from or through WantToHost, or any other referred third party, whether directly or indirectly, is atthe sole risk of customers.
Non-WantToHost ProductsAny mention of non-WantToHost products by WantToHost, its employees, or any third party entity related toWantToHost is for information purposes only and does not constitute an endorsement or recommendation byWantToHost. WantToHost disclaims any and all liabilities for any representation or warranty made by the vendorsof such non-WantToHost products or services.
WantToHost’s Intellectual Property
Customers will not, without WantToHost’s express written consent, copy, reproduce, republish, or otherwiseuse any material, in whole or in part, that is located on WantToHost’s web site, and customers will not useany of WantToHost’s trademarks, service marks, copyrighted materials, or other intellectual property withoutWantToHost’s express written consent. Customers will not, in any way, misrepresent their relationship withWantToHost, attempt to pass themselves off as WantToHost, or claim that customers are WantToHost.
Customers may not assign or delegate their rights or obligations under the TOU or other agreement forWantToHost’s services, either in whole or in part, without the prior written consent of WantToHost.
Governing Law and SeverabilityThe TOU, and any other agreement for WantToHost services, will be governed by and construed inaccordance with the laws of the State India without reference to its conflicts of laws principles. Anylitigation or arbitration between a customer and WantToHost will take place in Mumbai, and the customer willconsent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU orother WantToHost agreement is found by a court of competent jurisdiction to be unenforceable for anyreason, the remainder of the TOU or the agreement will continue in full force and effect.
WantToHost will not be liable for delays in its performance of the TOU or WantToHost services caused bycircumstances beyond WantToHost’s reasonable control, including acts of God, wars, insurrection, civilcommotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions,shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or
governmental restrictions (collectively “Force Majeure”). WantToHost will make reasonable efforts to reduceto a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything containedelsewhere herein, nor will any event of Force Majeure suspend any obligation of customers for thepayment of money due.
Independent ContractorsNothing in this Agreement will be construed as creating a partnership or relationship of employer andemployee, principal and agent, partnership or joint venture between WantToHost and its customers. Each ofWantToHost and its customers will be deemed an independent contractor at all times and will have no rightor authority to assume or create any obligation on behalf of the other, except as may be expresslyprovided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as includingall genders, and wherever the singular is used, it will be deemed to include the plural and vice versa,where the context so requires. The division of the TOU into sections/paragraphs, and the insertion ofheadings/captions, are for convenience of reference only and will not affect the construction orinterpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolvedagainst the drafting party will not be applicable in the construction or interpretation of the TOU.Complete Agreement and ExclusivityThe TOU, and/or any other specific agreement for WantToHost services, constitutes the completeunderstanding and agreement between WantToHost and its customers. Except when expressly agreed to thecontrary in signed writing by an authorized representative of WantToHost, the TOU supersedes any otherwritten (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct.This TOU, and/or any other specific agreement for WantToHost services is between WantToHost and itscustomers only and will not confer any rights in any third party except as otherwise expressly providedby WantToHost.
C. WantToHost - Service Level Agreement (SLA)
Network Uptime is the total time in a calendar month that WantToHost network is available through theInternet, provided that Client has established connectivity. WantToHost takes responsibility for Networkavailability within their network, however, we cannot be held liable for upstream problems, outside of ournetwork. Our guarantee is that our Network will be available to clients free of Network Outages, thatrender 100% packet loss, 99.9% of each calendar monthNetwork Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Serviceavailability during which Client is unable to access the services as described in the section titled “NetworkUptime” above. A Network Outage is defined as a period in which 100% packet loss to our network isexperienced, which is determined to have been caused by a problem in WantToHost’s Network as confirmedby WantToHost. Downtime or outages are measured as the total length of time of the unplanned interruptionin service availability in a calendar month.Scheduled Downtime is any WantToHost scheduled interruption of Services, for the purpose of networkupgrades, or replacement of any equipment in order to provide for you better service. Scheduleddowntime occurs during notified downtime periods, with as much advance warning as possible via e-mailwith a minimum of 24 hours notice.SLA Network Violation Credit occurs when our network uptime guarantee is not met. WantToHost will refundthe customer 5% of the monthly fee for each hour of downtime (up to 100% of your monthly fee) fornetwork downtime. Network downtime is measured from the time the network is 100% unreachable,until service is once again restored. In order to request a performance credit, you must e-mail our salesdepartment, within 10 days of reported violation, at: [email protected] SLA violations will be reviewedby our personnel Monday - Friday 10AM to 5PM IST and applied on the 1st business day of the nextmonth. *Network violation SLA credit does not cover server hardware failure.** Performance Credit exclusions: The following are excluded from the monthly calculation of ServiceAvailability:· Scheduled downtime · Problems outside of WantToHost’s network (upstream providers, or client’s inboundconnection) not effecting 100% loss to our network· Interruptions or failure of individual service caused by client, their employees, client’s customers, etc.to their service. These include inaccurate configuration, 3rd party software, client abuse or overutilization of resources, hacked servers, attacks, exploits, or server hardware failures.
D. All WantToHost Customer Billing Policy
WantToHost accepts the following types of payment:
- Check / Demand Draft
- Bank wire transfer
- Fund Transfer from bank accounts
- PayPal Transfer
All payments are due on the Account Statement Date. The Account Statement Date is the monthlyanniversary of the date the account was activated. You are responsible for directly updating, or notifyingWantToHost, of any changes to your billing details.Accounts that are past due will be automatically suspended. All past due and unpaid balances are subjectto collection. In the event of collection, you will be liable for costs of collection including attorney’s fees,court costs, and collection agency fees.
Billing Cycles (Terms)
WantToHost offers three Billing Cycles (terms) for hosting charges: Yearly (12 months), Half Yearly (6Months) and Quarterly (3 Months). The Billing Cycle begins on the Plan Activation Date. Customers arelimited to the Yearly Billing Cycle for all of their charges.You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only takeeffect at the time of the next plan renewal.All additional features added to an account are charged yearly. Additional items are non-refundable.
In order to insure uninterrupted service to your website, all plans have to be renewed. The customer hasthe sole responsibility to keep track of the expiry date and renew the services well in advance at least 10days before expiry. It is not the responsibility of WantToHost to give you any intimation in advance. It isconfirmed by you that the responsibility of renewing the service will lie with you. The renewal of youraccount is subject to realisation of payment by WantToHost. Payment of account fee after expiry date doesnot guarantee the renewal of account with WantToHost. WantToHost cannot guarantee the renewal of account, ifthe payment is made after expiry date. Renewal of services such as domains, ssl certificates etc, involvecompanies, on whose activities, WantToHost does not have control over. Hence, WantToHost is not liable forinterruption in services, loss of data, loss domain names, ssl certificates etc.
Returned (NSF) Checks
WantToHost charges a Rs.300 fee for returned (NSF) checks. Customers that issue an NSF check will be
required to submit future payments with a DD or money order.
Bank Account Payments
WantToHost charges Rs.100 for outstation direct cash deposits.
Hosting plans will automatically expire until a plan is renewed. In order to cancel service, you mustcontact WantToHost's Billing Team at [email protected] with proper payment details and account details.Please be aware that there are no pro-rated refunds after the first 30 days of service. No refund isavailable for WantToHost Start Up Account in the event of cancellation.Cancellation requests must be received by WantToHost a minimum of fifteen (15) days prior to the end ofyour Billing Cycle.WantToHost will confirm the cancellation request when it is processed. If you do not receive a confirmation,please contact WantToHost as soon as possible.WantToHost does not monitor, plans for problems related to domain name transfers, non-usage, Internic,your ISP, or any other secondary issues not directly related to WantToHost's services. Cancellation ofservices does not relieve the customer from paying any outstanding balance owed on the account.WantToHost reserves the right to cancel any account, at any time, without notice, for any reason WantToHostconsiders appropriate.
WantToHost's policies and prices are subject to change without notice. Any price changes become effective inthe next billing cycle.Cancellation requests for all Shared Hosting must be received by WantToHost aminimum of thirty (30) days prior of your Billing Cycle.