This Web Hosting Agreement is between WEBTRENDZ and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
WEBTRENDZ agrees to provide the services stated for the price agreed at any given time. We do not miss lead customers with hidden costs unlike many other web hosting companies.
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
Renewal notices are emailed three days before the actual renew date in your account. If your using a credit card you will not have to worry about manual payments. All accounts are set up on a pre-pay basis. If payment is more than 5 days late fee will be added. WEBTRENDZ reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notified WEBTRENDZ Limited to request for termination of services. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless canceled before hand. There is no fee for canceling accounts. If you cancel an account on the monthly billing cycle WEBTRENDZ Limited can not refund any payments made before.
All payments are non refundable once the 30 day money back guarantee has passed. Our 30 day refund policy excludes reseller plans, vps, servers, domains, SSL certificates and plans paid for longer than 1 month and accounts that are suspended or terminated for abuse. We can not refund unused portions of your plan. All payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.
WEBTRENDZ will be the sole arbiter as to what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out.
Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. WEBTRENDZ expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy.
WEBTRENDZ may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of WEBTRENDZ’s terms and conditions.
The intention of WEBTRENDZ is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. WEBTRENDZ will be the sole arbiter as to what constitutes a violation of this provision.
(1.) COVERAGE – This 100% uptime guarantee applies to any Customer in good
(2.) SERVICE LEVEL AGREEMENT (‘SLA’) & SPECIFICATIONS – WEBTRENDZ endeavors to have the content of YOUR website available for http access by any party in the world 100% of the time. Network downtime (‘unavailability’) is defined as 100% packet loss from WEBTRENDZ to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via WEBTRENDZ online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling WEBTRENDZ.
WEBTRENDZ’s administrators will determine the end of the downtime by a trace-route to YOUR machine from outside the WEBTRENDZ network.
(3a.) SHARED HOSTING CREDITS – In the event that YOUR website is unavailable for less than 100%, WEBTRENDZ will credit the following month’s service fee as follows. Your credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
– 95% to 100%
– YOUR account will be credited 10% of your monthly hosting fee
– 90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee
– 89.9% or below – YOUR account will be credited 50% of your monthly hosting fee
(3b.) Credit shall not be provided to YOU in the event that you have any outage resulting from:
– scheduled maintenance as posted from time to time at WEBTRENDZ,
– your behavior or the performance or failure of your equipment, facilities or applications,
– circumstances beyond WEBTRENDZ’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
– You breaking any agreement policy in WEBTRENDZ’s ‘Terms & Conditions and AUP’ causing a machine to fail as a result financial standing with WEBTRENDZ at the time of a service outage
Customer agrees to indemnify and hold harmless WEBTRENDZ, WEBTRENDZ’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS WEB TRENDZ AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH WEB TRENDZ’S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE 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 WEB TRENDZ’S SERVER.
All files stored on WEBTRENDZ’s servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
WEBTRENDZ follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.