The Provider (Windows-Host.com) agrees to supply the Customer (You) with Web Site Hosting as prescribed on its web site located at http://www.windows-host.com for a mutually agreed upon pricing structure and term. The Customer agrees to all technical and billing requirements as set forth on this Terms and Conditions contract.
The Customer covenants and agrees to abide by the Terms and Conditions, as specified here, in addition to all future revisions, changes in pricing policies, that are publicly posted on the Providers web site. Due to the ever-changing nature of the WWW, the Customer fully understands the responsibility of keeping themselves abreast of changes in the Terms and Conditions.
The Customer agrees not to upload, transmit, or post copyrighted material, including trademarks or protected material to the Internet without express authorization or purchased license of the owner(s) or person(s) owning the copyrighted material. The Customer agrees to keep their site free of any illegal content including, but not limited to, child pornography and pirated software.
The Customer agrees not to use the facilities and capabilities of the Provider to solicit the performance of any activity that is prohibited by law or for the illegal distribution of unsolicited e-mail, commonly known as "spam"
Unauthorized Access of the servers is strictly prohibited. The Customer agrees not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware and software, compromising the Servers, or for any other unauthorized use commonly known as "hacking". The Customer agrees to indemnify and hold harmless the Provider for any liability arising from the use of their service.
You are responsible for your username and password. Please secure them carefully. Do not give them out to anyone that you do not trust or do not know. Any damage to the server will be your responsibility.
Non-acceptable content on the
Provider's servers:
Pirated software, Hackers programs or archives, Warez Sites, Irc
Bots, & Mp3.
Adult content is not permitted on our servers. If there is any doubt about what constitutes Adult Content in the view of the Provider, please email support@windows-host.com for clarification.
Provider does not allow clients to install their own chat rooms. Provider currently does not allow IRC or IRC bots to be operated on our servers. Customer is allowed to install cgi applications. Provider reserves the right to disable any program or script that may effect normal server operations.
The Customer agrees to indemnify and hold harmless the Provider from any claims and expenses, including attorneys fees, related to their violation of the Terms and Conditions contract, applicable laws or unauthorized use of any software or other content.
The Customer understands that the Provider will take drastic measures to protect itself from any legal or civil litigation including, but not limited to, removing Customers web sites from its servers for any reason deemed appropriate by the Provider.
The Customer agrees to pay all charges incurred by the due date of each billing period following execution of this contract, together with any additional charges, costs or assessments made by the Provider under the terms hereof
Provider bills on a monthly, semi-annually, or annual cycle, depending on what option and plan has been selected. There will be a $25.00 Re-Activation fee of customer's site for suspension or termination. If payment is not posted to the Customers account within 5 days of the due date the Customers service is subject to suspension or termination without notice. The Customer also agrees that any unpaid balance due hereunder shall bear interest at the rate of 18% per annum, and that costs of collection, including Court costs and reasonable legal fees shall be added as principal amounts to such balance. Monthly late fee is $10 extra per month.
For credit card customers, you will be charged the appropriate amount at the beginning of your account's billing period. For check/money order customers, Provider must receive your check/money order by the beginning of your billing period, or our Authorized Retailer must have cleared funds via your check account. NOTE: Provider charges a $25.00 fee for returned checks. For international customers, if you are sending a check/money order the amount must be drawn in United States Dollars (USD). If you have to update your billing information or wish to change your payment method please e-mail support@windows-host.com or call (818) 781-2440.
Any request for cancellation must be received in writing via e-mail, regular mail or fax. Cancellations over the telephone are not accepted. For customers who have purchased a 1/2 year or yearly plan for hosting and wish to cancel their account before the end of their plan. Provider will refund half of the remaining balance (this does not include any setup fees, data charges and additional item charges) of your account. No refund will be payable for less than 1 month of unused hosting.
The Provider will take all necessary precautions to protect against failure of our equipment and software. The Customer acknowledges and agrees that temporary interruptions in service may occur, and that the Provider shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the web servers.
The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the service. The Provider may perform regular back-ups of all data stored on behalf of the Customer, but shall have no liability to Customer in the event all data is lost or destroyed. The Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the service.
In the event that the Customer has not complied with the any part of the Terms and Conditions contract or breaches the contract via nonpayment of specified charges, the Provider reserves the right to hold any and all Customer equipment, alter access to the service, or to terminate the service, without notice to, or authority from the Customer. Provider may subsequently charge the customer and may refuse any refund due to the Customer.
The parties agree that this agreement shall be governed by and be interpreted according to the laws of the State of California, the United States of America and International laws enforceable by way of treaty. Any and all actions regarding or relating to this agreement shall be brought about in the Van Nuys, California, U.S.A.