Webhosts R Us, Inc. Usage Policy

Usage of our services requires agreement with the following policies.  You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.  We expect you to have a basic knowledge of how the Internet functions, the types of uses, which are generally acceptable, and the types of uses, which are to be avoided.  Common sense is the best guide as to what is considered acceptable use.

The Webhosts R Us, Inc. Usage Policy has been developed with the following objectives:

• Ensure security, reliability and privacy of Webhosts R Us’ systems and network, and the networks and systems of others

• Preserve the privacy and security of individual customers and users

• Encourage the responsible use of net resources and discourage practices which degrade the usability of network resources and thus the value of internet services

• Maintain the image and reputation of Webhosts R Us, Inc. as a responsible provider

• Avoid situations that may cause Webhosts R Us, Inc., to incur civil liability

We expect our customers to use the Internet with courtesy and responsibility and to be familiar with and to practice good Internet etiquette.  By adhering to the following policies, our customers are protecting the rights and privileges of all Internet users.  Webhosts R Us, Inc., reserves the right to change/amend this agreement at any time, without prior notice.  VIOLATION OF ANY OF THE FOLLOWING POLICIES IS STRICTLY PROHIBITED AND MAY RESULT IN IMMEDIATE TERMINATION OF ANY ACCOUNTS.

General Conduct:

1.    Customers may not engage in tortuous conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service we provide, fraudulent activity, phishing or impersonation, illegal pornography such as child pornography, kidnapping material, terrorist propaganda, racist material, or bomb/weapon instructions, Virus, Spyware, Malware, or other infectious material, Scripts commonly used for abuse, attacks, or flooding, HYIP and low investment high profit schemes.

2.    Customers are prohibited from transmitting on, or through any of, Webhosts R Us’ services, any material that is, in Webhosts R Us’ sole discretion, unlawful, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.

3.    Webhosts R Us’ services may only be used for lawful purposes.  Transmission, distribution, or storage of any information, data or material in violation of United States or state or local regulation or law, or by the common law, is prohibited.  This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute, law or regulation. Webhosts R Us reserves the right to remove such illegal material from its servers.  Users/accounts cannot represent (in the sole judgment of Webhosts R Us, Inc.), an unusually large burden on the network. Webhosts R Us, Inc., also reserves the right to discontinue services to servers which compromise the network integrity.

4.    Webhosts R Us, Inc., will not be held liable beyond one month’s cost in service for any service outages.

5.     The Customer is responsible for providing and maintaining accurate and up-to-date billing information.  Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

6.    Webhosts R Us, Inc., reserves the right to discontinue service to any customer without any advance notice.

7.    Webhosts R Us, Inc., reserves the right to discontinue (with no refund) any account/server that hosts any illegal or copyrighted material without any notice.

8.    Standard and special service prices subject to change after their monthly or annually rate has been fulfilled.

System and Network Usage Email:

1.       Harassment, whether through language, frequency, or size of messages, is prohibited.

2.       Customers may not send any email that has not been solicited.  If a recipient asks to stop receiving email, the customer must not send that person any further email.

3.       Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam").  This includes, but is not limited to, bulk-mailing of unsolicited commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.

4.       Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.

5.       Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.

6.       Forging of header or any other information is not permitted.

7.       Accounts or services of Webhosts R Us, Inc., may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.

8.       These rules apply to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending FAX-like documents over the Internet).

9.       Customers may not send Usenet spam messages (i.e. publicizing their site in a large number of newsgroups that are irrelevant to the topic of the site).

10.       Customers may not operate an Open-relay mail server.

NOTE: Webhosts R Us, Inc., operates under a strict one-warning policy regarding unsolicited e-mail, unless the violation is of such nature that the account, in our sole discretion requires immediate termination, in which event service will be immediately terminated.

Security:

1.    Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, or probing the security of other networks.

2.    Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, overload of a service, and any activity resulting in the "crash" of a host.

3.    Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.

4.    Customers must safeguard their account passwords to prevent unauthorized access to their account. Customer is liable for all resource fees incurred under customer's account.  If a customer grants public write permissions to customer's account, customer is liable for fees for disk space consumed by any others writing to the account.

5.    Users who violate systems or network security may incur criminal or civil liability.  Webhosts R Us, Inc., will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Bandwidth and Disk Space Usage:

If a customer exceeds bandwidth or disk space limits from their designated hosting package, they will be billed at their next billing cycle for overages as follows:

• $0.05 per megabyte for extra bandwith used

• $0.075 per megabyte for extra disk space used

The client has the following two options that can be performed prior to their next billing cycle in order to not be billed for overages.

• Option #1: Perform an upgrade by selecting a package from the Client Center with sufficient provisioning of bandwidth and disk space.

• Option #2: Select an add-on for bandwidth or disk space with sufficient provisioning for the current package.

Option #1 and #2 can also be accomplished by submitting a trouble ticket at Webhosts R, Us, Inc. Client is responsible for payment of any prior overages in previos billing cycles incurred prior to any upgrades or add-ons.

Managed Web Hosting Support:

      Coverage of Managed web support includes assistance with the following items and can be terminated without notice if customer's needs exceed the limit in which  WebHosts R Us, Inc. can no longer satisfy the customer,s expectations. Covered items include assistance with domain control panel settings, email, ftp, DNS, and some assistance in updating web page content if the customer does not have the capability.

Privacy:

1.    Webhosts R Us, Inc., will not sell or knowingly disclose its customer lists or customer email or listserv address lists.  We will attempt to protect the privacy of our customers and their information that is stored on our network. Webhosts R Us, Inc., will only access and disclose information as necessary to comply with applicable laws and government requests, to operate and maintain our systems and services, or to protect ourselves or our customers.

2.    Webhosts R Us, Inc. will not monitor or disclose a customer’s private email messages unless required by court order or law.  We will cooperate with the authorities and will notify such authorities if it suspects that a customer is engaged in illegal activities.

Material and Product Requirements:

1.    Customers must ensure that all material and data placed on Webhosts R Us’ equipment is in a condition that is "server-ready", which is in a form requiring no additional manipulation on Webhosts R Us’ part.  We shall make no effort to validate this information for content, correctness or usability.  In the event that the   customer's material is not "server-ready", we have the option at any time to reject this material.  Webhosts R Us, Inc., will notify the customer immediately of its refusal of the material and afford the customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Webhosts R Us, Inc.

2.    Use of Webhosts R Us’ service, requires a certain level of knowledge in the use of Internet languages, protocols, and software.  This level of knowledge varies depending on the anticipated use and desired content of the customer's Web space.  Customers must have the necessary knowledge to create and maintain a web space.  It is not the responsibility of Webhosts R Us, Inc., to provide this knowledge or customer support outside of the service defined in this Service Agreement.

Delinquent Accounts:

1.    Webhosts R Us, Inc. reserves the right to take a server offline as soon as it is past due.  Payment for the service is due on the first day of the billing cycle.  The customer can email billing@webhostsrus.com to find out what their billing cycle is.

2.    Once an Account is delinquent and taken offline, there will be a $20 reactivation charge to put the server back online.

3.    Once a dedicated server is offline for more than 7 days, Webhosts R Us, Inc., reserves the right to reuse the server for another customer.  If, at this point, the customer wishes to be re-setup, they will be responsible for paying a $50 reactivation fee and will not have any of their old data backed up.

Customer’s Contact Responsibility:

It is the customer’s responsibility to keep their contact information up to date.  It is recommended that the customer use a contact email address that is not associated to their domain name hosted with us, or email accounts hosted on their web server.  It is always suggested that clients have emergency accounts with a yahoo or hotmail system.  This will also ensure that when you submit a support ticket that you will be able to get a reply.  This will ensure the customer to submit a support ticket and receive replies in the case that their service is down.

Financial Liability for Outages:

      In no way is WebHosts R Us, Inc. financially responsible for lost revenue during a website, server or network outage. We guarantee our network will be up 99.9% in a given month not counting well planned and announced service upgrades. WebHosts R Us, Inc. will refund the customer 5% of the monthly fee per 30 minutes of downtime, up to 100% of the customer's monthly fee. Network uptime includes functioning of all network infrastructure including routers, switches and cabling. Network downtime exists when a particular customer is unable to transmit and receive data and is measured from the time WebHosts R Us, Inc. is notified on the incident.

Customer’s Backup Responsibility:

Unless Webhosts R Us, Inc. is offering a backup solution for the customer, the customer is responsible for maintaining a backup copy of their sites or servers to ensure recovery in the event of loss or damage to customer's files.  At customer request Webhosts R Us, Inc., may make periodic backups of all files, but makes no guarantees of any kind, either expressed or implied, as to the integrity of these backups.  Should the file loss be due to some error on the part of Webhosts R Us, Inc., Webhosts R Us, Inc., will attempt to recover the files from their most recent archives at no cost to the customer.  Should the file loss be due to some action of the customer, or due to vandalism brought on by the customer's negligence of securing their account, Webhosts R Us, Inc., will attempt to recover the files from their most recent archives.

THIS USAGE POLICY DEFINES THE ACTIONS WHICH Webhosts R Us, Inc., CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY PROHIBITED.  THE EXAMPLES SET FORTH IN THIS POLICY ARE NON-EXCLUSIVE, AND ARE PROVIDED SOLELY FOR GUIDANCE TO Webhosts R Us, Inc.’s Customers.  If you are unsure whether any contemplated use or activity is prohibited, please send e-mail to policy@webhostsrus.com so we may assist you.  Please note that the actions listed are also not permitted from other Webhosts R Us, Inc., on behalf of, or to advertise, any service hosted by Webhosts R Us, Inc., or connected via our network.  Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement. Webhosts R Us, Inc. must further limit any exceptions made to the Usage Policy as secondary in regards to server and network security, performance and integrity.  Any account, regardless of exception status, may have their service disabled if it is interfering with our servers or network.  If you feel that one of our clients has violated this policy, please report the infraction (with as much detail as possible -- if forwarding an email please include full headers) to abuse@webhostsrus.com

We do NOT allow IRCD running on our network.  Anyone already running IRC, may continue to do so.  However; the first time our network is negatively affected because of it for any reason (for example any form of DoS attack) their server will be shut down without refund or advance warning.

These Terms of Service have been updated as of: October  16, 2009.

WebHosts R Us, Inc. reserves the right to modify these terms at any time, for any reason without prior notice.