Our Terms of Service are provided to give our customers and users a clear understanding of what Web Whiz expects of them while using the service. All users of Web Whiz – those who access Web Whiz site, as well as those who pay a service fee to Web Whiz – must comply with our Terms of Service:
We will setup your hosting account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud.
All services provided by Web Whiz may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography. The customer agrees to indemnify and hold harmless Web Whiz from any claims resulting from the use of our services.
Examples of unacceptable material: IRC Bots, Warez Sites, Pirated Software, Hate sites, Hack programs and archives, Pornography, etc. Such web sites may be shut down without notice.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated without notice.
Web Whiz reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Web Whiz also reserves the right to make any such modifications in an emergency at our sole discretion.
Web Whiz reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Web Whiz. All rights reserved.
Backups and Data Loss
Your use of the service is at your sole risk. Web Whiz is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Web Whiz servers.
Web Whiz cannot be held responsible for system availability and performance problems, or any financial losses incurred due to such problems or the effects of fraudulent activity by hackers or other unauthorized persons.
Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Cancellation and Refunds
Web Whiz reserves the right to cancel the account at any time.
Customers may cancel at any time by giving written notice. Web Whiz gives you an unconditional 14 day money back guarantee on web hosting. There are no refunds on other services unless stated. Refund requests after 14 days will be refunded on a prorata basis of any unused time. Web Whiz reserves the right to charge cancellation up to a maximum of $100 per account to cover our administration and book-keeping expenses.
Web Whiz reserve the right to change prices listed on our site and any other fees at any time. However, we will attempt to give fair notice on price changes whenever possible.
You agree to supply appropriate payment for the services received from Web Whiz, in advance of the time period during which such services are provided. You agree that until and unless you notify Web Whiz of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Payment must be made on or before the agreed due date (usually within 14 days) as stated in customer invoice. Web Whiz reserves the right to charge penalty fees of 5% per month for outstanding amounts not fully paid by the stated due date.
Web Whiz reserves the right to shut down any hosting account whose fees due have not been fully paid by the said due date. Reactivation of an account due to non-payment of invoice may incur a fee. Account will not be reactivated until payment of the invoice(s) outstanding and the reactivation fee is received.
This web site is the copyright property of Web Whiz. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use. Apart from any use as permitted under the Copyright Act 1968, you may not, in any form or by any
(a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative
works from any part of this web site; or
(b) commercialise any information, products or services obtained from any part of this website, without the written permission of Web Whiz.
Intellectual Property Rights and other consents
You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant financial institutions.
Customer agrees that it shall defend, indemnify, save and hold Web Whiz harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Web Whiz, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Web Whiz against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Web Whiz; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Web Whiz’s server.
The information on this web site is provided in good faith and Web Whiz believes it to be accurate. However, if you wish to obtain services from Web Whiz, you should not rely solely on the information in this web site but should make specific enquiry concerning the nature of the services and their suitability for the use to which they will be put. Unless stated otherwise, all information on this web site is supplied without any warranty, condition or other term as to the quality of any services or their suitability for any particular purpose.
Web Whiz will not be responsible for any damages your business may suffer. Web Whiz makes no warranties of any kind, expressed or implied for services we provide. Web Whiz disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Web Whiz and its employees.
Changes to the TOS
Web Whiz reserves the right to revise its policies at any time without notice. We have no intention to unfairly apply our Terms of Service. It is solely to protect our commercial liability. However, we will provide fair notice to any changes whenever possible.