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Home > Terms of Service (TOS)
Terms of Service (TOS)
All Terms and Conditions of this TOS (Terms of Service) our AUP (Acceptable Use Policy) and SLA may be modified at our sole discretion without prior warning. Changes to this TOS does not constitute grounds for early contract termination or non-payment. Please check back regularly for any updates. Use of Webbed Hosting Service constitutes acceptance and agreement to Webbed Hosting AUP (Acceptable Use Policy) as well as Webbed Hosting TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to Webbed Hosting, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of Webbed Hosting. Acceptance of Contractual Agreement:
1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Webbed Hosting, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.
2. Webbed Hosting will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
3. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer will pay Webbed Hosting any additional fees as specified in the Service Description.
Payment: Establishment of this service is contingent upon receipt of payment from Customer to Webbed Hosting. Subsequent payments are due on the anniversary date of the month for that month’s service and/or annually as contracted. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.
Payments and Fees: Payment is due on the defined monthly recurring billing date of each month, quarter and/or annual renewal date. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 3 days past due. Service interrupted for nonpayment is subject to the setup fee for that service for reconnection. Accounts that are not collectable by Webbed Hosting will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty($50.00) nor more than One Hundred,Fifty($150.00)
Delinquent Accounts: Webbed Hosting may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
Account Cancellation: All requests for canceling any service / services must be made in writing with at least 30 days notice but not more than 60 days prior written notice and emailed to: cancel@webbedhosting.com. Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 9AM to 6PM EST Monday - Friday.
Refunds and Disputes: All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, in Webbed Hosting discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service. Webbed Hosting - SLA Hosting, Reseller and Dedicated services are defined as servers and server space that is rented to Clients. This service is to provide the clients with knowledge and overview of the server. From time to time security updates, patches, kernel upgrades, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Any Support not included with your dedicated server, will be subject to a $75 an hour labor fee, billed in ½ hour increments during office hours between 9:00am – 6:00pm M-F (EST). Webbed Hosting reserves the right to perform maintenance, security checks, or management without client initiating such request. Webbed Hosting does not take responsibility for the overall security of servers.
Network Outages or Unscheduled downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem within the network as confirmed by Webbed Hosting. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
Scheduled Downtime is any Webbed Hosting scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail and/or forum post.
Webbed Hosting will refund the customer 200% of the value of the time of service (up to 100% of your monthly fee) for network downtime. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a performance credit, you must contact us within 10 days of reported violation. SLA violations will be reviewed by our personnel Monday – Friday 9AM to 6PM EST. *Network violation SLA credit does not cover server hardware failure.*
Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: Scheduled downtime Problems outside of Webbed Hosting network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, third-party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.
Server Hardware for Dedicated, or Co-Located Servers Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included for Dedicated Servers, and switches for Co-Located Servers, unless client provides their own switch.
Hardware replacement will occur within 12 hours of the reported problem, Webbed Hosting will refund 5% of the monthly fee per additional 6 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment, but cPanel must always be loaded after deployment (part of its validation process) and so will slightly delay the process. In order to request an SLA hardware violation credit, you must contact us within 10 days of reported violation. SLA violations will be reviewed by our personnel Monday - Friday 9AM to 6PM EST. *Hardware SLA violations do not cover network violation*
Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, third-party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.
Replacement is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, Webbed Hosting will restore the system to original state. If the server is compromised and a NEW OS and/or cPanel reinstall must be performed for security reasons Webbed Hosting will charge a $75 fee to restore the system.
Webbed Hosting is not responsible for the restoration of data to server. We strongly recommend that you purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you, as the client are responsible for data restoration. Webbed Hosting shall not be liable for loss of data under any circumstances.
Acceptable Use Policy (AUP) | Terms of Service (TOS) | General Terms of Business
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