Terms of Service
 

Web Hosting Policies

Web Plex provides web hosting to numerous clients, and we have a responsibility to protect each client and provide the best services available. The following guidelines were designed to insure these services:

Content:

All services provided by Web Plex may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. Customer agrees that Web Plex will not be liable to Customer for any claims or damages which may be suffered by Customer. The subscriber agrees to indemnify and hold harmless Web Plex from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any Web Plex server. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of non-acceptable content or links:

Pirated software
Hackers programs or archives.
Warez Sites.
Pornography Sites

Web Plex will be the sole arbiter as to what constitutes a violation of this provision.

 

Contract

The Contract between the customer and Web Plex is normally month to month unless the customer indicates quarterly, semi-annual, or annual billing on their order form. The date that the customer signs up for the site then becomes their billing date. Every month, quarter, 6 months, or year, the charges will automatically be deducted from their account on the same date, or the nearest date in the month. In event that the credit card is declined the customer will be notified via e-mail and given 48 hours to provide an alternate form of billing. At the end of the 48 hour grace period the domain will be temporarily turned off and a reconnect fee of $20 will then apply in order to have the domain turned back on. In the event the domain fees are not paid within 10 days the domain will be removed from the servers.

Each of Web Plex's hosting packages comes with a 30 day money back guarantee. If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees and overages.

Setup fees are refundable for the following reasons only: (a) the account order is canceled prior to activation; or (b) the domain name was not available at the InterNIC.

For web hosting contracts of 3 months or less, the full contract amount less any setup fees and overages will be refunded if Web Plex is notified within the first 30 days following activation. No refund is available after the 30th day. For web hosting contracts longer than 3 months, a refund equal to one-half of the contract amount less any setup fees and overages will be given if Web Plex is notified prior to the first day of the second half of the contract term. For example, on a 6 month contract Web Plex must receive the notice of cancellation prior to the first day of the fourth month of the contract. No refunds will be given once the second half of the contract term has begun.

Cancellation request may be made at any time. Only unused fees will be considered for refund if deemed appropriate by Web Plex. Cancellation requires 10 days written notice. This notice may be sent via e-mail from the e-mail address of record for the account and it must contain the domain password. Cancellation requests may also be faxed to the office or sent via snail mail, they too must contain the account password. Once cancellation notice is received you will be mailed back a cancellation confirmation ID. If you have not received this ID within 3 days of cancellation date you will need to contact us again to confirm cancellation.

Traffic:

We are pleased to offer our clients a huge amount of web page traffic with all hosting accounts. Our generous traffic allowances are from 5x to 35x normal monthly traffic usage, depending on the size of the account ordered. In order to protect the integrity of our servers, certain limitations apply.

* Sites are limited to no more than 3 gigabytes per month of AnonFTP Transfer as this is very resource intensive.
* Sites with graphic archives or galleries are limited to 8 gigabytes of monthly transfer.
* Sites offering download archives, such as .zip, .tar, .ra, .exe and GZ are limited to 8 gigabytes of monthly transfer.
* Sites that resell their space are limited to 6 gigabytes of bandwidth usage.
* Sites using more than 20% of system resources.

The traffic will go unmonitored until you reach your limit in any one month. If you are in danger of going over your limit you will be notified via e-mail at least 7 days in advance when possible, so you have plenty of time to address the issue. Once you have exceeded your traffic limit your site will be automatically disabled until such time that you contact our office and make arrangements for the overages. Over limit data transfer costs are $20/gigabyte once you exceed your limit.  Additional traffic may also be purchased in blocks of 10 gigabytes at the rate of $150/block.

Web Plex will be the sole arbiter as to what constitutes a violation of this provision.

Reselling of Domain Space

We are pleased to be able to allow our customers to resell the extra space on their sites. Customers who choose to do this are limited to 6 gigabytes of transfer per month. NOTE: True domain names (yourname.com) can be pointed to sub-directories on your site. Cost for this is $25/name setup fee and $5/month/name monthly fee.
 

Chat Rooms

We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as a account option. We do provide a choice of Java chat rooms with the larger packages for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others.

Background running programs - IRC

We may allow programs to run continually in the background , these are considered on a one to one basis and a extra charge will be incurred based on system resources used and operational maintenance needed.

We currently do not allow IRC or IRC bots to be operated on our servers.

Commercial Advertising - Email:

Our servers may not be the source, intermediary, or destination address involved in the transmission of Spam, flames or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider Spam any mass unsolicited message in the mediums of Newsgroups and E-mail. If you are found to have spammed, then we reserve the right to immediately, without warning, disable your domain. We reserve the right to refuse or cancel service to known spammers. We reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Moreover, any site selling or promoting bulk e-mail software, service, or addresses is forbidden.

*NOTE: Spamming is grounds for IMMEDIATE Deactivation with NO refund of fees.

Server abuse:

Any attempts to undermine or cause harm to a Web Plex server or customer of Web Plex is strictly prohibited. Any Sub-Networks of Web Plex and dedicated servers must adhere to the above policies.

If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation. We reserve the right to remove any account with 5 days prior notice.

Lawful Purpose:

Web Plex reserves the right to refuse service to anyone. Customers may only use Web Plex servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Web Plex expressly forbids anyone from using Web Plex servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of Web Plex management.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Web Plex harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Web Plex, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Web Plex against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Web Plex servers; (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 customer from Web Plex servers.

Disclaimer:

Web Plex will not be responsible for any damages your business may suffer. Web Plex makes no warranties of any kind, expressed or implied for services we provide. Web Plex disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Web Plex and its employees. Web Plex reserves the right to revise its policies at any time.

All Sub-Networks, resellers and dedicated servers of Web Plex must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.

 
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