Terms of Service

 

WebPower - Terms of Service (TOS)

Use of WebPower’s Service constitutes acceptance and agreement to WebPower’s AUP (Acceptable Use Policy) as well as WebPower’s TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to WebPower, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of WebPower.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by WebPower, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.

2. WebPower will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay WebPower any additional fees as specified in the Service Description within three (3) days of invoicing period. Any BW overage bill not paid within three (3) days of invoicing will be subject the server and services to suspension.

4. We reserve the right to discontinue and/or refuse to provide service to any client or party at our sole discretion.

4. All stated terms contained within this contractual agreement are subject to change without prior written notice as any updates may openly be viewed at our site, http://WebPowerHosting.com/. In addition, we reserve the right to make modifications to such terms contained herein at our sole discretion as deemed necessary by management.

What may not be hosted on our network:

Illegally posted materials will not be tolerated on our network. These include:

- Copyrighted Software
- Child pornography
- Credit Card Fraud Information
- Copyrighted media, includes but not limited to: Video, Music, TV, Radio

If you find any of the above materials hosted on one of our web servers, please report to abuse@WebPowerHosting.com.

Additionally, we reserve the right to ban the use of applications which allow the proliferation of unsolicited email from our network, or which decrease the performance of our servers thus bearing on the quality of service we may provide to other customers.

Network Uptime is the total time in a calendar month that WebPower network is available through the Internet, provided that Client has established connectivity. WebPower takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99% of each calendar month

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in WebPower’s Network as confirmed by WebPower. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any WebPower scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 12- 24 hours notice.

SLA Network Violation Credit:

Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: · Scheduled downtime · Problems outside of WebPower’s network (upstream providers, or client’s inbound connection) 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 over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately

Payment:
Establishment of this service is contingent upon receipt of payment from Customer to WebPower. Subsequent payments are due on the anniversary date of the service, unless customer requests all monthly payments to be consolidated to one specific annual billing date. Any additional services such as domain name registrtion shall be due and payable with the hosting fee on the aniversary renewal date.

Payments and Fees:
Payment is due on the defined annual billing date. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Payments made by cheque that are returned NSF or can not be processed on cheque date shall be subject to a $25.00 charge. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a $75.00 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Domain names registered by WebPower on behalf of a client who's account is in arrears shall default to the property of WebPower.  Accounts that are not collectable by WebPower may be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty ($50.00) nor more than One Hundred, Fifty ($150.00)

Delinquent Accounts:
WebPower may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Delinquent Reseller Accounts:
Should your reseller account become delinquent, and payment not made to WebPower, resulting in a suspension of service you will have 48 hours to make restitution for the delinquent balance. Any account left unpaid after 48 hours of suspension and reseller not contacting the WebPower billing department to resolve the issue will allow for the reseller's client to be able to purchase the server directly, and assume financial responsibility from that point forward. The balance must be paid entirely by the client prior to lifting the service suspension. Resellers shall not hold WebPower responsible for failure to appropriately pay their invoices in a timely manor set forth in your original contracts.

Account Cancellation:
Web sites hosted by WebPower will be renewed at the end of the current term unless canceled.  All requests for canceling any service / services must be made in writing with at least 15 days prior notice and sent via email to sales@WebPowerHosting.com 

Refunds and Disputes:
All payments to WebPower are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in WebPower’s discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service. Domain names registered by WebPower and not paidfor in full at time of renewal shall remain the property of WebPower.

Day money back Guarantee:
All shared hosting, reseller hosting, and windows hosting plans come with a day money back promise. If for whatever reason we fail to satisfy your needs and are within 7 days we will fully refund your money all we ask is you give us a reason so this will help us improve as a company. Dedicated Servers do not fall under this policy due to the labor involved in setting them up and also cost. Refunds are NOT available for design and development work performed by WebPower.

Dedicated Server Restore:
WebPower is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. WebPower shall not be liable for loss of data under any circumstance.

Hardware replacement will occur within 1 - 8 hours of the reported problem, WebPower will refund 5% of the monthly fee per additional 8 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must email sales, within 10 days of reported violation, at: sales@WebPowerHosting.com . SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST. *Hardware SLA violations do not cover network violation*