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Terms and Conditions

Acceptable Use Policy (AUP)

Wonderful Hosting's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what we expects of them while using the service. All users of Wonderful Hosting's hosting services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of Wonderful Hosting Service constitutes acceptance and agreement to Wonderful Hosting's AUP as well as Wonderful Hosting's TOS (Terms of Service).

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet to disseminate information to others.

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of your account with Wonderful Hosting.

Violations of this AUP include:

SPAMMING

Sending unsolicited bulk and/or commercial messages over the Internet or USENET. When receiving a complaint, Wonderful Hosting has sole discretion to determine whether the message(s) is considered as SPAM or not. Maintaining an open SMTP relay is also prohibited. SPAM is not only harmful and considered illegal but it also slows down the network and servers.

Adult Content

Pornography, nudity, and sex-related merchandising are prohibited. This includes sites that may infer sexual content; links to such adult content elsewhere are also prohibited. We disallow adult content due to the high resource such sites can use. If you are not sure whether your site is considered to have adult content or not, please contact us.

Harm to minors

Use of the Wonderful Hosting service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Illegal Use

Sites that promote any illegal activities, such as Warez sites, FXP are prohibited; links to such materials are also prohibited. Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on our servers. Violators' account will be canceled and monies will be forfeit.

Intellectual Property Violations

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Violators' account will be canceled and monies will be forfeit.

Server Abuse

Client may not abuse the server at any given time. No site may use more than 10% of the total server output at any given time.

Background Running Daemons

Background Daemons and or Programs in general are prohibited on Wonderful Hosting servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON and any other program that interferes with normal server operation. We reserve the rights to cancel any accounts found with such Daemons and/or Programs and forfeit any monies paid to Wonderful Hosting/American Communications.

CGI Abuse

Due to their use of flat files instead of databases, we do not allow the use of UBB or YABB bulletin boards. Use of these boards results in system performance degradation and cannot be allowed in our shared hosting environment. We suggest using VBulletin, xMB or phpBB as a more efficient, database-driven alternative to these bulletin boards.

We reserve the right to disable any CGI scripts that might threat the security and/or stability of the server at any time.

Other Activities

Engaging in activities, whether lawful or unlawful, that Wonderful Hosting determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.

Terms of Service (TOS)

Wonderful Hosting provides web hosting services and thus has certain legal and ethical responsibilities. By clicking the "Submit" button on the order page, you agree to its terms and conditions ("the Agreement"). "Company" means Wonderful Hosting and "You" and "Client" means you, the client.

  • Payment.

    Establishment of this service is dependent upon receipt by the Company of payment of stated charges. The first payment will be prorated and subsequent payments are due on the 1st day of each month.

  • Refund.

    Wonderful Hosting offers a full 30-day money back guarantee, no questions asked. After the first 30 days, all payments are non-refundable. Violations of the AUP and/or TOS automatically void the 30-day money back guarantee.

  • Failure to Pay.

    Wonderful Hosting reserves the right to temporary denies service or terminates this Agreement upon the failure to pay of the Client.

  • Account cancellation.

    All cancellation requests must be sent to admin@wonderfulhosting.com and must be made with at least 5 days notices but no more than 10 days. You must have all account information to cancel.

  • Bandwidth.

    Wonderful Hosting reserves the right to charge $3 per additional 1000MB of bandwidth when client goes over his monthly-allocated bandwidth limit.

  • Support Boundaries.

    Wonderful Hosting does provide 24/7 email support to all its Resellers and direct clients. However, we do not provide support to your clients or your resellers. Wonderful Hosting does not provide programming help, HTML code and custom programming.

  • Illegal Activities.

    If you are found to be promoting any illegal activities, including but not limited to Warez, FXP, Hacking Tools, Cracks, MP3 that you do not own the rights or if you are linking to such materials and/or storing such materials on Wonderful Hosting's servers, your account will be terminated without further notice, monies paid to the Company will be forfeit and you will be charged a $250 per hour charge for Administration Fee and Investigation cost.

  • No SPAM.

    Client agrees not to SPAM using Wonderful Hosting's servers and/or network, explained in the AUP. Violations of this policy carry severe penalties, including termination of account.

    • Wonderful Hosting reserves the right to charge a $500 administration fee and investigation cost due to violation(s) of this policy.

    • Wonderful Hosting reserves the right to terminates the Client's account without further notice due to violation(s) of this policy.

    • Wonderful Hosting reserves the right to take legal actions against the violator due to violation(s) of this policy.

    • Resellers are responsible of actions of their clients.

  • Liability and Indemnification

    The parties agree that in no event shall Wonderful Hosting be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement.

    Client agrees that it will defend, indemnify, and hold harmless Wonderful Hosting from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against Wonderful Hosting, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.

    Wonderful Hosting assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.

  • Term

The term of this Agreement will continue until a notice of cancellation by Wonderful Hosting or Client is given, or until terminated under other provisions of this Agreement. Wonderful Hosting reserves the right to terminate this Agreement without cause upon notification to the Client. Wonderful Hosting may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by Wonderful Hosting to implement this Agreement is disrupted or terminated for any reason.

  • Disclaimer of warranty

Wonderful Hosting will not be held responsible for any damages you or your business may suffer. Wonderful Hosting makes no warranties of any kind, expressed or implied, for services rendered. Wonderful Hosting disclaims any warranty or merchantability or fitness for a particular purpose. Wonderful Hosting assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. Wonderful Hosting will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from Wonderful Hosting.

  • Default

In the event Client defaults in any provision or fails to perform pursuant to this Agreement, Wonderful Hosting will be entitled to damages, costs, and attorney's fees from the Client.

  • Guarantee

Client is responsible for the backup of it's website(s) and files. We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all accounts are well taken care of. We cannot guarantee or predict server downtime. Any network problem, or outage, is not covered under any guarantee or warranty and will not be grounds for reimbursement for any subsequent financial damages or losses.

Last Modified Feb. 11 2002


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