Alwaiz.com provides
web hosting to many clients, and we have a responsibility to protect
each client and to provide the best services available. The following
guidelines were designed to ensure these obligations are met.
These
terms and conditions also apply to resellers and their customers.
Content
All services provided by Alwaiz.com may be used for lawful purposes
only. Transmission, storage, or presentation of any information, data
or material in violation of any United States or International laws
is prohibited. This includes, but is not limited to: copy righted
material, material we judge to be threatening or obscene, or material
protected by trade secret and other statute. The subscriber agrees
to indemnify and hold harmless Alwaiz.com from any claims resulting
from the use of the service which damages the subscriber or any other
party.
Pornography and sex-related merchandising is prohibited on all Alwaiz.com
servers. This includes equally sites that links to such content.
If you are unsure whether or not your site falls into this category
feel free to contact us with a
description before signing up for an account or publish material as
an existing customer.
Alwaiz.com 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 Alwaiz.com servers or any other server
on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software.
- Pornography and sex-related merchandising.
- Violations of Copyrights.
- Hacker programs or archives.
- Warez sites.
- Hate propaganda.
Spam is a direct violation and will get the site deleted without notice
or refund. Selling of software and or bulk email addresses is not
acceptable on our servers.
MP3 and other types of sites designed for downloading of material
by a mass user group. This includes but is not limited to, Music,
video, audio, Software or Freeware or Shareware, Free Images and backgrounds,
and anything else that makes it an excessively high bandwidth site
with the sole purpose to distribute freely products for download.
Alwaiz.com will be the sole arbiter as to what constitutes a violation
of this provision.
All Accounts
We have found most our customers to stay within "reasonable limits"
However, to maintain the integrity of our service, we must state the
following restrictions:
To all our accounts applies the following restrictions:
- Multiple hosts resolving at an IP or domain name that we provide.
- Sites with cgi's running from their domain used on other domains.
- Sites using more than 20% of system resources.
- Alwaiz.com will be the sole arbiter as to what constitutes a violation
of this provision.
Commercial Advertising - Email
Spamming, or the sending of unsolicited email, from a Alwaiz.com server
or using an email address or domain that is maintained on a Alwaiz.com
machine as reference is STRICTLY prohibited. As delegated by our backbone
provider, any sites using spam or selling of spam related software
or bulk email content will be closed.
Alwaiz.com will be the sole arbiter as to what constitutes a violation
of this provision.
Spamming WILL get your account terminated.
Chat Rooms
We do not allow clients to install their own chat rooms. These tend
to be a large drain on system resources and we cannot allow it as
an account option.
30 Day Money Back Guarantee/Refunds
If for whatever reason, you become unsatisfied with our services within
the first 30 days of your account activation, we will refund your
hosting fees, including any setup costs, no questions asked. Domain
name registration fees however, cannot be refunded.
If you have already added additional accounts to your plan, you are
still eligible to receive your full refund. As long as you cancel
within 30 days of your initial signup, you qualify for the full refund.
If you wish to cancel your account(s) after the 30 days has expired,
we do not refund partial monthly fees. Your account will still be
accessible for the duration of the period you've paid for (typically
until the end of the month).
Cancellation of Account(s)
Upon cancellation of an account(s), no further charges will be made
to your credit card. If you are canceling prior to the end of your
billing term (i.e. in the middle of the month, or the year if you
paid for a year), there can be no refunds for that portion of the
term you did not use. If you are canceling your account(s) within
the first 30 days of your initial signup date, you are entitled to
a full refund of your hosting fees. We cannot refund domain name registration
fees under any circumstances.
Background Running Programs
CRON JOBs: We may allow programs to run continually in the background.
These are considered on a case-by-case basis and an extra charge will
be incurred based on system resources used and operational maintenance
needed.
IRC: We currently do not allow IRC or IRC bots to be operated on our
servers.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of
Alwaiz.com is strictly prohibited. Offenders will be prosecuted to
the fullest extent of the law.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our
sole discretion.
Sub-domains
Alwaiz.com reserves the right to transfer any sub-domain in domains
of its possession to an alternative domain.
Limitation of liability
Your use of Alwaiz.com's services are at your sole risk. All Alwaiz.com
services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESSED, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON
INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions
do not allow the exclusion of implied warranties, so this exclusion
may not apply to you in full.
Alwaiz.com makes no guarantee of availability of service and reserves
the right to change, withdraw, suspend, or discontinue any functionality
or feature of the Alwaiz.com service.
IN
NO EVENT WILL Alwaiz.com BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
Alwaiz.com's SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES,
WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH
OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE;
ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION
OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE
FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
The formation, construction and interpretation of this agreement shall
be controlled by the laws of United States of America. Any dispute
relating to this agreement shall be subject to the exclusive jurisdiction
of the courts in United States, and the parties agree to submit to
the personal and exclusive jurisdiction and venue of these courts.
Alwaiz.com reserves the right to change or amend these Terms of Service
at any time without prior notice. By submitting your order to Alwaiz.com,
you signify your agreement to these Terms of Service.
If you do not agree to these Terms, then please don't submit an order!
Violations of these Acceptable Uses Policies and Terms of Service
should be referred to abuse@alwaiz.com
All
complaints will be investigated promptly.
Serious violations of terms or conditions can be ground for immediate
account deactivation without refund.
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