This Agreement is made between Rebel Networks Inc. whose registered office is at 251 Queen Street South - Suite 503, Mississauga, Ontario, L5M 1L7 ("wrchosting") and the Customer, as specified in the order form.
By submitting your order form you agree that you have read, accepted and agree to be bound by all the terms and conditions of this Agreement, the fee schedules in the online order forms, and any policies referred to in this Agreement (collectively the "Service Agreement").
wrchosting reserves the right to modify the Service Agreement and may discontinue or revise any or all aspects of the service at our sole discretion. Such changes become effective when notice is posted on a web page on our website (http://www.wrchosting.com) or via a control panel newsletter. You will be bound by the modified Service Agreement if you continue to use the service.
1.1. Subject to your compliance of the terms of the Service Agreement wrchosting will provide web hosting services for the selected amount of storage space on our servers, a unique IP address, and your own web based control panel (the "Control Panel") containing links to your payment history, summaries of the services and options you have chosen, newsletters and other current information (collectively the "Services").
1.2. In performing the Services, wrchosting maintains control and ownership of any and all Internet Protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.
2.1. You are responsible for producing, electronically uploading, maintaining and ensuring the proper and correct function of all HTML files, graphics, execution scripts, applets, data files and applications (the "Website Content") on your website, and you warrant that all Website Content shall be owned or properly licensed by you and shall not adversely impact the Services, infringe any UK or international law, or violate any rights of any third parties.
2.2. You certify that you are at least 18 years of age. If a customer is not at least 18 years of age, a parent or guardian’s name must be put on the account and will be responsible for payment off fees and the Website Content. If a minor (a person under 18) obtains an account through wrchosting without parental approval, the Service Agreement shall not become void.
2.3. You acknowledge that use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website, and certify that you have the necessary knowledge to create, modify and maintain your website. wrchosting assumes no responsibility to provide you with such knowledge, including but not limited to: knowledge of HTML; locating and linking documents; Telnet; Traceroute; transferring files via FTP; use of FrontPage, Dreamweaver or other web publishing tools; Use of Unix environment including interface commands, CGI-script installation, Perl, C, Shell scripts, permissions; Configuration and use of mail clients such as Outlook and Eudora to receive and send mail.
2.4. You are responsible for all activity originating from your website, unless you prove to be a victim of outside hacking or address forgery. You further assume full responsibility for all material on your website including that which may have been put on by a third party (such as the usage of Free-For-All links pages).
2.5. All tools and software provided under the Services are copyrighted and proprietary property owned by wrchosting. To the extent that such tools and software are provided to you, you are granted a nonexclusive, nontransferable license to use the Tools in object-code format for your internal use solely in connection with the Services provided under the Service Agreement.
2.6. You are responsible for providing all telephone and other equipment and services necessary to access and maintain your account via FTP.
2.7. For disaster recovery purposes only, wrchosting makes daily incremental backups and a full weekly backup of our servers. wrchosting makes no warranties or guarantees of any kind, either expressed or implied, as to the integrity of these back-ups. You acknowledge you are fully responsible for maintaining all appropriate backups of files and data stored on wrchosting’s servers. If data loss occurs due to an act or omission of wrchosting, an attempt to recover the data will be made for no charge. In all other cases, wrchosting will attempt to recover the data from the most recent archive for a fee of $50.
2.8. You acknowledge that wrchosting may monitor its systems electronically and access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its customers or for any other reason it in good faith deems necessary. wrchosting will fully co-operate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report any suspected illegal activity it becomes aware of.
2.9. You will ensure that you have the legal right to use the domain name and in the event of a dispute will abide by the decision of the relevant regulatory body. There is a one-time fee of $15 for replacing the domain name of an existing account with another domain name, whether from spelling error(s) or any other reason.
3.1. Limited Warranty.
You expressly agree that use of the Services is at your sole risk. Neither wrchosting nor any of its information providers, licensers, employees, or agents warrant that the Services will be uninterrupted or error free or free from viruses or other harmful components; nor does wrchosting or any of its information providers, licensers, employees, or agents make any warranty as to the results to be obtained from use of the Services. The Services are distributed on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose or otherwise, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to the Service Agreement. Neither wrchosting nor anyone else involved in creating, producing or delivering the Services shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the Services or inability to use the Services or out of any breach of any warranty. You expressly acknowledge that under no circumstances will wrchosting be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services and further acknowledge that these matters are outside the control of wrchosting.
3.2. Limitation of Liability.
IN NO EVENT SHALL wrchosting BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PURE ECONOMIC LOSS, LOSS OF BUSINESS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THE SERVICE AGREEMENT OR YOUR USE OR INABILITY TO USE wrchosting's SERVICES (INCLUDING, BUT NOT LIMITED TO INOPERABILITY OF wrchosting's SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF wrchosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL wrchosting's MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO wrchosting FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, wrchosting’s LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ANY ACTION FOR ANY CLAIM ARISING UNDER, OR IN CONNECTION WITH THE SERVICE AGREEMENT MUST BE COMMENCED BY YOU WITHIN SIX (6) MONTHS AFTER THE ALLEGED CAUSE OF ACTION HAS ACCRUED OR AFTER THE DATE OF TERMINATION OF THIS AGREEMENT, WHICHEVER IS EARLIER.
3.3. Indemnification.
You agree to indemnify, defend and hold wrchosting and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of the Service Agreement or from your placement or transmission of any materials or content onto wrchosting's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to wrchosting's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by wrchosting's gross negligence or wilful misconduct; and (d) any other damage arising from your equipment or your business.
4.1. wrchosting will publish notice of fee increases on our website or via Control Panel newsletter at least 28 days before such increases take effect. A listing of current monthly and/or annual fees can be found at http://www.wrchosting.com.
4.2. You agree to provide wrchosting with accurate and complete billing information, including your legal name, card billing address, telephone number, e-mail address and applicable credit card payment data and to update this information immediately if any change occurs.
4.3. You acknowledge that wrchosting will send advance notices of due payments, invoices and receipts by e-mail, and may bill your credit card any amounts due without further specific notice.
4.4. You authorise automatic contract renewal and billing by wrchosting on an on-going basis during the term of the Service Agreement and understand that you are responsible for terminating account(s) and associated billing except as noted below in cases of violation of wrchosting policies.
4.5. Overdue accounts are those that remain unpaid at the beginning of the next Payment Interval. The Services will be suspended if your account is overdue for more than seven (7) days, and wrchosting will insert a message at your website address indicating your suspension that visitors to your website will see. Notwithstanding any other rights wrchosting may have in the Service Agreement, all of your website contents will be destroyed if your account remains in suspension for thirty (30) days. wrchosting accounts continue to accrue charges while they are overdue or if the Services are suspended until settled in full.
4.6. If a request for payment is rejected, wrchosting may consider this grounds for immediate suspension unless a valid card is submitted within seven (7) days. Because of the risk of fraud, wrchosting may terminate your account immediately and without notice if two bad cards are offered in any 6 month period. There will be a $25 processing fee for all illegitimate Credit Card chargebacks.
4.7. In cases where a cheque is accepted as payment, this must be submitted either in US Dollars (USD) drawn on a US bank, or in UK Sterling (GBP) drawn on a UK bank. Cheques in UK Sterling (GBP) will be credited at our prevailing rate as displayed on invoices. There will be a $25 processing fee for each cheque returned unpaid. Cheques will only be accepted on annually paid accounts, or for account prepayments.
4.8. If your account is suspended or terminated for any reason permitted by the Service Agreement, you will be charged a reconnection fee to restart your account. The reconnection fee for suspended accounts is $10.00. A terminated account may be reconnected, at our sole discretion, for a fee of $25.00.
4.9. You acknowledge responsibility for your account until payment in full is made and further agree that you may not withhold or "set off" any amounts due in any circumstances. wrchosting reserves the right to withhold the Services without prejudice until all amounts due are paid in full.
4.10. If your account remains unpaid after thirty (30) days in suspension we may place it with a collections agency. All additional fees incurred in collection of your outstanding payment will be your responsibility. Where collection efforts fail, the unpaid debts may be reported to the appropriate credit reference agencies.
5.1 Content.
All services provided by wrchosting may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United Kingdom, United States or International law, statute, treaty or regulation is prohibited. This includes, but is not limited to illegal material, material protected by copyright or other intellectual property right of any person, material we judge to be threatening or obscene or material protected by trade secret or other statute.
All pornographic content and sex-related merchandising is prohibited on wrchosting servers. This includes sites that may infer sexual content or links to adult content elsewhere. wrchosting will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to wrchosting servers or any other server on the internet. Links to such materials are also prohibited.
You agree to fully indemnify and hold harmless wrchosting and its affiliates, directors, officers, employees and agents from any claims, liabilities and demands arising from any criminal or civil legal action as a result of wrchosting’s storage of such information or material.
Examples of unacceptable content or links
wrchosting will be the sole arbiter as to what constitutes a violation of this provision.
5.2 Commercial Advertising – E-mail
Spamming, sale of spam software, providing access for spam, or the sending of unsolicited e-mail, from an wrchosting server or using an e-mail address or domain that is maintained on an wrchosting machine as reference is STRICTLY prohibited. wrchosting will be the sole arbiter as to what constitutes a violation of this provision.
5.3 System Security
You are prohibited from utilising the Services to compromise the security of system resources or accounts on servers at wrchosting or at any other site. Use or distribution of tools designed to compromise security, or containing viruses or Trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
If you are involved in violations of system security you may be subject to criminal and civil liability. wrchosting reserves the right to release the names of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents and to fully co-operate with law enforcement authorities in investigating suspected lawbreakers.
5.4 Server Abuse
Any use of wrchosting systems that undermines, causes harm to or disrupts the normal use of wrchosting servers or Services for others is considered Server Abuse and is grounds for immediate account termination. Examples of server abuse include: spawning excessive processes; persistent consumption of excessive CPU cycles (CPU time) or memory; running Internet Relay Chat or IRC bots; running background programs or processes without written authorisation; operating a downloads site; sending in excess of 1000 emails a day; or actions that may result in retaliatory actions against wrchosting’s servers and systems. wrchosting will be the sole arbiter as to what constitutes a violation of this provision.
5.5 System Resources
Excessive use of system resources including but not limited to CPU time, memory and network resources will result in immediate account suspension. You will then be requested to reduce the resource use to an acceptable level, or pay for the additional hardware or other resource needed to compensate. wrchosting will be the sole arbiter of what constitutes excessive use of System Resources.
6.1. Every wrchosting hosting plan comes with a 30-day money back guarantee. If you choose to cancel your account within the first 30 days we will refund all routine account fees, exclusive of any setup fees or third party product fees (such as GeoTrust SSL certificates and domain registration fees).
6.2. Accounts cancelled after 30 days do not qualify for refund of any pre-paid fees, including accounts on annual contract. At wrchosting's discretion, we may allow active Resellers to switch an annual resold account to monthly billing prior to cancellation and use any remaining pre-paid credit against future resold accounts.
6.3. Cancellation requests will only be accepted when made using the 'Cancel Domain' option in the Reseller CP. If the account has a balance due at the time of cancellation, this balance must be paid in full before the account can be cancelled. Cancellation does not absolve the account holder of any outstanding financial obligations, and Billing for the account will continue until the balance is paid in full. Cancellation will be completed within 5 business days of receipt of a valid cancellation request. Please ensure you allow sufficient time to avoid any recurring billing charges.
6.4. wrchosting reserves the right to suspend or terminate the Services to you and remove or prevent access to any material on your website at any time, without prior notice or liability, for any conduct that wrchosting, in its sole discretion, believes violates the Service Agreement or is otherwise harmful to wrchosting's interests or the interests of other account holders.
6.5. The Service Agreement shall continue in force through successive Payment Intervals until terminated in accordance with clause 6.3 above. You acknowledge that provision of the Services is independent of account usage and domain name records, and the Services are still effective and chargeable whether your domain registration is pointing to wrchosting's nameservers or to some other nameserver until a valid cancellation request is received.
7.1. Depending upon the nature and severity of any violation of the Service Agreement, wrchosting may send you an email warning detailing the nature of the violation. If you do not remedy the violation within seven (7) days your account will be suspended. Any reconnection of a suspended account will be subject to a reconnection fee.
7.2. If, in wrchosting's sole discretion the nature or extent of any violation is severe enough, wrchosting may terminate the Services immediately and without prior written notice. Any reconnection of a terminated account will be subject to a reconnection fee, however wrchosting reserves the right to deny all future access upon termination.
7.3. All Sub-Networks, distributive hosting sites and dedicated servers of wrchosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.
8.1. Assignment.
You may not sell, transfer, or assign your rights or obligations under the Service Agreement without wrchosting’s written consent. No such assignment, even if consented to, will relieve you of your obligations under the Service Agreement prior to the date of the assignment. wrchosting is not obliged to give its consent in any circumstances.
8.2. Waiver.
The waiver or failure of either you or wrchosting to exercise any right provided under the Service Agreement shall not be deemed a waiver of that or any other right in the Service Agreement.
8.3. Invalidity.
If any provision of the Service Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Service Agreement shall remain in full force and effect.
8.4. Whole Agreement.
This Agreement and the Online Order form, together with any document expressly referred to in any of its terms, contains the entire Service Agreement between you and wrchosting and supersedes any and all previous agreements, arrangements, undertakings, communications or proposals, written or oral, between you and wrchosting.
8.5. Headings.
The headings in the Service Agreement have been added to aid readability and will be disregarded in construing the Service Agreement.
8.6. Law.
The Service Agreement shall be governed by English Law. Both you and wrchosting agree to submit to the exclusive jurisdiction of the English Courts for all matters relating to the Services and the Service Agreement.
8.7. Capacity.
You and wrchosting agree that you have read and fully understand the Service Agreement and agree to be bound by its terms.
8.8. Force Majeure.
Neither party shall be liable for any breach of the Service Agreement due to any cause beyond its reasonable control (save an obligation in respect of the payment of monies) including but not limited to Acts of God, inclement weather, flood, lightning or fire, industrial action, act or omission of government or other competent authority, riot, war, or act or omission of any other party for whom that party is not responsible. ("An act of force majeure.").
8.9. Data Protection.
You acknowledge and consent that any of your information ("Data") collected by wrchosting in fulfilment of the Service Agreement, including but not limited to Data collected during order processing, delivery, installation, support and maintenance of the Services may for the purposes of fulfilling the contract be processed by wrchosting, its provisioning entities, affiliates and agents both within and outside the European Economic Area, and outside the country or countries where the data is collected.