WebSoftMaster proudly offers its subscribers a "30-Day Money Back Guarantee". This guarantee allows subscriber to purchase WebSoftMaster's services with full confidence and zero-risk. Consequently, subscriber may request a full refund within 30 days of initial sign-up and be refunded all fees paid to-date, including setup fees, less any additional over-usage and free domain registration costs (read section "Domain Registration" below). Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.
This guarantee can be requested at anytime within the 30 days of the commencement of service if subscriber is not satisfied with WebSoftMaster's services. If the 30-day service of the subscription has been exceeded, subscriber is not eligible for this guarantee. A request for this guarantee must be submitted via WebSoftMaster's "Open Ticket Form"
WebSoftMaster utilizes an industry standard third party Registrar for domain name registration services. Once an order is placed for a new domain name through WebSoftMaster, we register the domain for the customer through the Registrar. Domains registered in this manner are not eligible for a refund and the cost for such domains will be subtracted from any service refund from WebSoftMaster. New domains may be cancelled and receive a full refund only within the first 24 hours after placing an order. This grace period only applies to new domain name registrations and is not applicable for domain renewals. If you cancel your WebSoftMaster service, you will retain ownership of your domain name for as long as you continue to renew the domain. You may renew the domain through WebSoftMaster or through the Registrar. Domain names are only registered for a finite period of time.
Upon becoming a domain customer of WebSoftMaster, you will receive reminders immediately prior to the expiration of your registration inviting you to renew your domain name and specifying the amount of time you have to renew your domain name. In the event that you fail to renew your domain name in a timely fashion within that amount of time, your registration will expire and we may, at our sole discretion, elect to assume the registration and hold it for our own account, delete it, or sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be available for registration by a third party.
If you fail to renew your registration, your domain name may cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service. This default page may also feature advertisements posted by us for our own account.
If we, in our sole discretion, have elected to renew the registration, you will be entitled to a grace period of forty (40) days during which you may re-register the domain name from us. Additional costs for the redemption and re-registration will apply. During this grace period, we may elect to post a parked page and/or revise the "Whois" registration records to include our information. The domain name may also be listed for auction and promoted as being available for auction. If the name is sold during any such auction, it will be acquired by a third party and will not remain available for re-registration by you after our stated grace period. If you do not re-register the domain name during the grace period, the auction sale will be concluded and ownership of the domain will be transferred to a third party. If you fail to renew your domain name registration during the grace period, you acknowledge that you have abandoned the domain name and that it is available for sale and registration by any third party.
We strive to prevent service interruptions or loss of service for you and so all service renewal settings are set to be automatically renewed to prevent these occurrences. This automatic renewal option is triggered upon expiration of the current applicable service and automatically renews the applicable service for a period equal to the initial period. Payment for the renewal period is taken from the payment method currently on file with us at our then current rates, which you acknowledge and agree may be higher or lower than the original rate for the applicable service (multiple attempts to collect from the payment method on file will be attempted in order to prevent service interruptions or loss of service, and may also be attempted in order to reactivate after expiration). The automatic renewal is the default setting for all renewals so if you do not wish your current service to be extended, you must manually disable the automatic renewal setting. If you wish to view the account renewal settings applicable to you, simply log into your control panel to review your products. You may choose to disable the automatic renewal option and if you also fail to manually renew your service before it expires, you may experience a service interruption or a complete loss of service and you acknowledge and agree that we will not be liable for any losses to you or any third party arising out of such service interruption or loss.
WebSoftMaster is offering to new customers, for a limited time, the opportunity to experience WebSoftMaster services on a trial basis - (free of charge) for 7 days. After this 7 day period, the free trial ends and the customer has the option to remain with WebSoftMaster and select a hosting plan that meets his needs or terminate the hosting services completely.
If the customer chooses to remain with WebSoftMaster, he can accomplish this in two ways:
- the customer can do nothing and the plan will automatically renew prior to the end of the free trial period; or
- the customer can affirmatively upgrade to a paid plan and indicate his acceptance of the plan and his agreement to becoming a customer
If the customer decides to cancel the free trial period and not become a paying customer of WebSoftMaster, he can cancel the trial period at any time. He can also reinstate at any time prior to the free trial expiration date.
- Cancellation will automatically occur if the customer violates the Terms of Service at any time during the free trial period.
- Cancellation will also automatically occur if the customer billing information is no longer valid at the end of the free trial period
WebSoftMaster guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where WebSoftMaster has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar issues with subscriber's domain name, routing issues between subscriber location and WebSoftMaster data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that WebSoftMaster cannot directly influence.
Prohibition of Adult Content
Subscribers of WebSoftMaster's services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.
Prohibition of Protected Healthcare Information
Subscribers of WebSoftMaster's services are prohibited from creating, receiving, maintaining, transmitting and/or having access, custody or control of any Protected Healthcare Information as defined under the Health Insurance Portability and Accountability of 1996 Act ("HIPAA").
Prohibition of Offensive Behavior
Racist, intolerant, "hate", defamatory, "stalking", invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice.
Age Requirements on Purchases
All subscribers must be of adult age in the subscribers' jurisdiction to make purchases on this site. Parents or guardians of minors may make purchases on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.
Intellectual Property Provisions
Subscribers of WebSoftMaster's services are prohibited from storing or posting content or links to content that infringe, or otherwise violate the intellectual property rights of third parties (e.g. trademark, patent or copyright infringements).
All content provided within or via this site is protected by US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of the content owner.
WebSoftMaster offers commercially reasonable high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer, number of email accounts or FTP accounts. File quota limits are enforced to ensure system operating integrity and reliability and are limited to 300,000 files on Linux plans. The intention of WebSoftMaster is to provide ample resources for customer convenience, so that customers needn't to worry about exceeding limits.
It is acknowledged by users of WebSoftMaster services that these resource allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on WebSoftMaster servers.
It is also acknowledged by users of WebSoftMaster services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. WebSoftMaster takes measures to utilize the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of WebSoftMaster services that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. WebSoftMaster, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates.
It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, WebSoftMaster reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization. Additionally, web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of WebSoftMaster.
If a "Fair-Use" breach occurs, which's determination is solely up to WebSoftMaster, subscriber may have to remove files from or reduce access to subscriber's account to an extent as determined by WebSoftMaster, in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that WebSoftMaster may have to take.
WebSoftMaster takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of WebSoftMaster may not use, or permit others to use, our network to partake in UCE distribution. Customers of WebSoftMaster may not host or permit hosting of sites or information that is advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy, WebSoftMaster will initiate an immediate investigation. During the investigation, WebSoftMaster may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this TOS, WebSoftMaster may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, WebSoftMaster reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. WebSoftMaster will notify law enforcement officials if the violation is believed to be a criminal offense.
WebSoftMaster strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or by defect in the coding of the script. If a user script is found to be in violation of this clause, or is found to be overwhelming system resources, the user may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the user account may be suspended for further review.
Establishment of this service is dependent upon receipt of payment of stated charges by WebSoftMaster. Subsequent payments are due on the anniversary date of the month for that month's service or whichever is the selected billing cycle.
WebSoftMaster may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.
A subscriber may cancel his account at any time online via his account control page "Request Cancellation". If requesting a cancellation, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how WebSoftMaster could improve service. The cancellation will take effect immediately and the subscriber's account will remain active until the end of the subscription. Account resumption is possible with one click from the same menu, in case you should redecide.
Subscriber acknowledges that in the event of a merger, acquisition or sale of all or a portion of WebSoftMaster assets, your account, products and services may be transferred as part of the transaction and no consent of such transfer is required.
Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of WebSoftMaster and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that WebSoftMaster shall not be liable for any damages arising from such causes beyond the direct and exclusive control of WebSoftMaster.
Subscriber further acknowledges that the WebSoftMaster's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall WebSoftMaster be liable for any special or consequential damages, loss or injury.
In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to WebSoftMaster's DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, nameserver change of domain names is done by WebSoftMaster on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessibility or cooperation by the domain name registration's registrar.
WebSoftMaster reserves the right to suspend network access to any subscriber if in the judgment of WebSoftMaster, the subscriber's account is the source or target of a violation of any of the terms of the TOS, or for any other reason which WebSoftMaster deems necessary.
If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the subscriber in question will be deactivated until our investigation is complete. Multiple violations of the TOS will result in permanent suspension of the account without refund of any fee. With complaints of infringing or illegal content, a single complaint may be deemed sufficient for permanent suspension of the alleged infringing product. If multiple complaints of infringing or illegal content are received involving two or more products, all products under that customer's ownership and/or control are subject to permanent suspension. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber's machines were suspended if the subscriber is found to be at fault. The subscriber is also responsible for maintaining a backup of his current data at all times and no backups will be provided.
Subscriber must provide WebSoftMaster real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.
WebSoftMaster takes no responsibility for any material placed on its network by others. WebSoftMaster is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. WebSoftMaster disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party's violation of this policy. WebSoftMaster's subscribers are not permitted to run IRC servers. Furthermore, WebSoftMaster reserves the right (but is not obligated) to, review the content posted via the service and may refuse or remove any such content in its sole discretion, without notice at any time.
The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that WebSoftMaster may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other legally binding order, without consent or notification to the subscriber.
The subscriber is responsible for keeping a complete and current copy of their website files as a backup on a remote system (not solely on WebSoftMaster servers).
WebSoftMaster is NOT RESPONSIBLE for any lost files, information or data.
WebSoftMaster makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of subscriber websites.
Although WebSoftMaster backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the subscriber. WebSoftMaster does not guarantee to possess the most current copy of a subscriber's website in its own backups.
This file was last modified: November 28, 2016.
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