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1) Account Setup
We will set up your hosted account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address that is not at the domain(s) you are signing up under. Setup time will generally range from within 1 hour to 24 hours after payment is received. your setup information will be delivered via email only.
2) Content
All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography, nudity, adult, or other such content. We reserve the right to refuse to host any site we deem not in line with the values of WebTerritory.
See our Content Policy.
3) Zero Tolerance Spam Policy
We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their hosted account terminated without notice.
We reserve the right to require changes or disable as necessary any web site, account, database, or other components that do not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the cleanup fee is left entirely to the discretion of WebTerritory. All rights reserved.
4) Mailing Lists Rules
Even though we have mailing tools available, we discourage using mailing on our services especially large ones (200 contacts or more). Instead, we recommend you get set up with MailChimp which is a professional level mailing list manager and is free for lists of up to 2000 contacts. It will save you time, headaches, and provide some good reporting stats.
A) Anytime you’re sending a message, no matter how large your mailing list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 10 seconds. If the mailing list software you’re using does not allow you to throttle, you must switch to something else (we recommend phpList). If you do not throttle and you try sending, for example, 500 emails, the server will try sending all 500 in 1 second, which is not possible. This will cause the server load to go very high and the entire server will be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the server’s load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server.
B) Any mailing list over 200 emails is only allowed to be sent to during off-peak times to prevent high server loads. Off-peak times qualify as all day Sunday, and 1 AM – 8 AM Eastern Time on Monday – Saturday.
C) You are not allowed to mail to a mailing list you were given or purchased. This is spamming because the subscribers never agreed to you personally sending them mail. We do not care how you justify it, this is spam and will result in termination of the offending account.
D) Any unsolicited e-mail being sent will result in termination of the offending account. We have a zero-tolerance policy regarding the sending of unsolicited e-mail.
5) Payment Information
a) You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify WebTerritory of your desire to cancel any or all services received, those services will be billed on a recurring basis.
b) Even though WebTerritory is a Canadian company and most of its upstream providers are also Canadian, the preferred currency of the Internet is US Dollars (USD). With WebTerritory upstream providers charging us in USD and the Canadian dollar fluctuating in value so much, we have no other reasonable choice other than to charge in US Dollars.
c) Late Payment – Account Termination
Any account that is past due will be sent past due payment reminders to the contact email address in the Account Manager at periodic days past their invoice due date. Any account over 30 days past due will be Suspended. After 45 days past due, and if without any prior arrangements the account will be terminated and all files removed from the server. Any customer wishing to have WebTerritory archive files after the account has been suspended will be required to pay a $50 admin fee (keep the files before the account is terminated).
6) Backups and Data Loss
a) Your use of the service is at your sole risk. We are not responsible for files and data residing on your hosted account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. Any restore request made of WebTerritory will be billed at a rate of $50 per request (what are upstream provider charges us and only if they have the files to restore).
b) WebTerritory provides manual backup tools in your website’s cPanel for you to use, however, recommends that you use a plugin that makes regular backups of your site (ex: Updraft). It is also recommended that you have backup files that are kept off-site (on your own computer or a cloud/file storage service).
c) The use of a third-party backup service is allowed as long as it does not cause undue load on your account or our server. Remember uploading data from your account to another server counts towards your bandwidth usage.
7) Cancellation and Refunds
Customers may cancel at any time. WebTerritory will refund any unused prepaid months if the account is paid annually. Monthly accounts refunds will be processed only if payments were processed after the termination of service.
WebTerritory reserves the right to cancel a Customer account at any time with 24 hours notice sent to the email contact on file in the Billing Management area. If we take this action, Full pro-rated refunds will be sent except in cases where the site was terminated due to illegal activity, abuse, abusiveness towards our staff, or any activity that violates these terms of service.
8) Resource Usage
Users may not initiate the following (unless on a dedicated server):
a) Use 20% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include CGI scripts, FTP, PHP, 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, battlefield 1492, etc.
9) Add-On Domains
In the interests of keeping an ethical and quality service, add-on domains related to each hosting account are limited in scope to sites that each customer owns/runs or is related to in some way (e.g. being on the board of a nonprofit group or a site for your sister or brother) and no money is exchanged in return for the hosting, design or management of said add-on site. Absolutely no reselling of add-on domains are allowed.
10) Bandwidth Usage
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.
11) Price Change
We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time. From time to time we may discontinue and/or add new hosting packages however you will be able to keep your current package with the exception of packages with a set expiry (ex: promotional or free trials) until you decide to change to another or you cancel your service.
12) Indemnification
Customer agrees that it shall defend, indemnify, save and hold WebTerritory and its affiliates, directors, officers, employees, and agents harmless from and against any and all demands, liabilities, losses, costs or damages, including reasonable attorneys’ fees, 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 any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (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 WebTerritory’s server. WebTerritory will not be held responsible for damages claimed by any reseller customer.
13) Limitation of Liability
IN NO EVENT SHALL WEBTERRITORY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF WEBTERRITORY’S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WEBTERRITORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WEBTERRITORY’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, WEBTERRITORY’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
14) Disclaimer
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim 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 us or our employees or contractors.
15) Changes to the TOS
We reserve the right to revise these policies at any time without notice.
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