Terms of Service

1. Account Eligibility and Security

• Eligibility: You must be at least eighteen (18) years of age to purchase or use our Services. By using our Services, you represent and warrant that you meet this requirement.
• Account Ownership: The individual or entity whose name and billing information are listed in our records is considered the sole owner of the account.
• Account Security: You are solely responsible for maintaining the confidentiality and security of your account credentials (username, password, support pins). You must use a strong, complex password. You are fully responsible for all activities that occur under your account. You agree to notify WebsNP immediately of any unauthorized use of your account or any other breach of security.

2. Billing, Payments, and Fees

• Fees: You agree to pay all fees for the Services as specified in your order. All fees are due in advance for the entire Billing Term (e.g., monthly, quarterly, annually) and are non-refundable, except as explicitly stated in our Refund Policy (Section 4).
• Payment Methods: We reserve the right to bill for Services via online payment gateways (e.g., Stripe, PayPal) or bank transfer. You are responsible for keeping your payment method information current.
• Invoices: Invoices are generated approximately ten (10) days before the renewal date. All invoices are due on or before the service renewal date.
• Late Payments: Unpaid services will be suspended five (5) days after the due date and terminated after thirty (30) days of non-payment. A late fee may apply to reactivate suspended accounts.
• Fee Changes: We reserve the right to change our fees at any time. Any changes will be posted on our website and will become effective at the beginning of your next Billing Term, provided we give you at least thirty (30) days prior notice.
• Taxes: You are responsible for all applicable taxes (e.g., sales, use, VAT) levied on the Services provided.
• Disputes: Any dispute regarding an invoice must be raised in writing (e.g., via support ticket) *before* the invoice due date.
• Chargebacks: Initiating a chargeback, payment reversal, or dispute with your financial institution is a violation of this Agreement. Any such action will result in the immediate and permanent termination of your account and all associated Services, without refund.

3. Term, Cancellation, and Termination

• Term: This Agreement begins on the date your order is accepted by us and continues for the Billing Term you selected. It will automatically renew for successive Billing Terms unless canceled by either party.
• Cancellation by You: You may cancel your Services at any time by submitting a cancellation request through your client area or authorized support ticket. To prevent automatic renewal and billing, cancellation requests must be submitted at least seven (7) days *before* your next scheduled renewal date.
• Termination by Us: We reserve the right to suspend or terminate your Services, in whole or in part, with or without notice, for any of the following reasons:
  • (a) Failure to pay any fees due (as per Section 2).
  • (b) Any violation of this Agreement or our Acceptable Use Policy (Section 6).
  • (c) At our sole discretion, for any other reason, provided we give you thirty (30) days written notice (a "Termination for Convenience").
• Effect of Termination: Upon termination, all your data will be permanently deleted from our servers. You will not be entitled to any refund for fees already paid, except in the case of a Termination for Convenience by us, in which case we will provide a pro-rata refund for the unused portion of your prepaid term.

4. Refund Policy

• 7-Day Money-Back Guarantee: We offer a seven (7) day money-back guarantee for new customers on their first Shared Hosting or Reseller Hosting plan. If you are unsatisfied, you may request a full refund within the first seven (7) days of service activation.
• Non-Refundable Services: This guarantee and all other refunds expressly *exclude* fees for Domain Name registrations/transfers, SSL certificates, dedicated IP addresses, software licenses, setup fees, and any "unmanaged" services like Dedicated Servers or VPS.
• Pro-Rata Refunds: For all other cancellations, payments are non-refundable. We do not provide pro-rata refunds for unused time in your Billing Term if you cancel early.
• Violation of Terms: The money-back guarantee is void if you violate this Agreement or our Acceptable Use Policy.
• One Per Customer: Refunds are limited to one (1) per customer (identified by name, company, email, or billing ID).
• Account Credits: Account credits have no cash value, are non-transferable, and cannot be refunded.

5. Service Level Agreement (SLA)

• 99.9% Uptime Guarantee: We guarantee a 99.9% network and server uptime ("Uptime Guarantee") for our Shared and VPS hosting services. This is calculated on a monthly basis.
• Exclusions: This Uptime Guarantee does not apply to:
  • (a) Scheduled Maintenance (we will provide at least 24 hours notice).
  • (b) Emergency Maintenance (required for critical security or stability).
  • (c) Downtime caused by you, your applications, or third-party software.
  • (d) Distributed Denial of Service (DDoS) attacks or other malicious activity.
  • (e) Circumstances beyond our reasonable control (Force Majeure, as defined in Section 15).
  • (f) Service suspension or termination due to non-payment or AUP violations.
• Remedy: If we fail to meet the Uptime Guarantee, you may request an account credit. For every one (1) hour of verified downtime below 99.9%, we will issue a credit of 5% of your monthly fee for the affected service, up to a maximum of 100% of that month's fee. You must request this credit via support ticket within seven (7) days of the incident.

6. Acceptable Use Policy (AUP)

You agree not to use, or allow third parties to use, the Services to:

6.1. Prohibited Content & Activities

• Transmit or store any material in violation of any applicable law or regulation.
• Host or link to pirated software, "warez", or any other copyrighted material you do not have the right to distribute.
• Engage in any activity related to illegal gambling, High-Yield Investment Programs (HYIP), lottery sites, or pyramid schemes.
• Host or transmit any content that is hateful, defamatory, abusive, threatening, or promotes violence or discrimination.
• Host or distribute phishing sites, malware, botnets, or any tools for hacking, IP scanning, or "brute force" attacks.
• Sell controlled substances without a valid permit and proof of such.
• Zero Tolerance for Child Exploitation: We have zero tolerance for any content depicting or promoting child sexual abuse material (CSAM). Any such content will be reported to law enforcement (NCMEC) and your account will be immediately terminated without notice or refund.

6.2. Resource Usage (Shared & Reseller Hosting)

To maintain service stability for all users, you agree not to:

• Use 25% or more of system resources (CPU, Memory, I/O) for more than 90 seconds.
• Run cron jobs with intervals of less than 15 minutes.
• Use our hosting as a file repository, CDN, or backup service (all files must be part of an active website).
• Run any game servers, voice servers, or crypto-currency mining scripts.
• Run spiders or indexers (e.g., Scrapy, AhrefsBot) on a continuous basis.
• We reserve the right to suspend any account that, in our sole judgment, is adversely affecting server performance or network stability.

6.3. Anti-Spam Policy

• Zero Tolerance for Spam: The sending of unsolicited bulk email (UBE, "spam") is strictly prohibited. This includes "opt-out" marketing lists. Your account will be immediately terminated if you are found to be sending spam.
• Mailing Lists: Any legitimate, permission-based mailing list must be "double opt-in" and must not exceed 500 emails per hour on shared hosting.
• PHP mail(): The standard PHP `mail()` function is disabled on our shared hosting platform to prevent abuse. You must use authenticated SMTP to send email from your applications.

7. Backups and Data Loss

• Your Responsibility: Your use of the Services is at your sole risk. **You are solely and fully responsible for maintaining your own off-site backups of all your website data, databases, and emails.**
• Courtesy Backups: We may, as a courtesy, perform our own backups for disaster recovery purposes. However, these backups are not guaranteed, are not available for individual file restoration by default, and we make no warranties about their integrity or availability.
• Disclaimer: We are not responsible for any data loss, whatsoever. You agree to hold WebsNP harmless in any event of data loss, corruption, or hardware failure.

8. IP Address Allocation

• We assign IP addresses to you as part of the Service. You have no right, title, or interest in any specific IP address.
• All IPv4 addresses are the property of WebsNP and are non-transferable. We reserve the right to change or remove any IP address assignment, subject to ARIN (American Registry for Internet Numbers) justification.

9. DMCA (Digital Millennium Copyright Act)

• We comply with the Digital Millennium Copyright Act of 1998. We will respond to all valid takedown notices.
• If you are a copyright holder and believe your work is being infringed upon, please send a valid DMCA notice to our designated agent at abuse@websnp.com.
• Your notice must include:
  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing (including the URL).
  • Your contact information (address, phone number, and email).
  • A statement that you have a good faith belief that use of the material is not authorized.
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
• Accounts found to be in repeat violation of copyright may be terminated.

10. Indemnification

You agree to indemnify, defend, and hold harmless WebsNP, its affiliates, and its and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys' fees) threatened, asserted, or filed by a third party arising out of or relating to: (a) your use of the Services, (b) any breach or violation by you of this Agreement, or (c) any acts or omissions by you, including any data, content, or materials you provide.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WEBSNP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WEBSNP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT OUR SERVERS OR NETWORK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR YOUR OWN DATA AND SECURITY.

12. Limitation of Liability

IN NO EVENT SHALL WEBSNP, ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS OF ANY KIND ARISING FROM THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO WEBSNP FOR THE AFFECTED SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

13. Governing Law and Dispute Resolution

• Governing Law: This Agreement shall be governed by and construed in accordance with generally accepted international commercial laws and principles, without regard to any local conflict of law rules.
• Dispute Resolution: Any disputes arising from or relating to this Agreement shall first be attempted to be resolved through good-faith negotiations between the parties. If unresolved, disputes shall be submitted to binding arbitration under internationally recognized arbitration rules, or any other mutually agreed method.

14. Right to Refuse Service

• We reserve the right to refuse, cancel, or suspend service at our sole discretion. Any material that, in our judgment, is obscene, threatening, illegal, or violates this Agreement may be removed from our servers (or otherwise disabled) with or without notice.

15. General Provisions

• Force Majeure: Neither party shall be liable for any failure or delay in performance under this Agreement (other than for non-payment of fees) due to causes beyond its reasonable control, including but not limited to acts of God, war, natural disasters, terrorism, or significant network/utility failures.
• Modification: We reserve the right to modify this Agreement at any time. We will post the revised terms on our website, and your continued use of the Services after such changes become effective (typically 30 days after posting) will constitute your acceptance of the new terms.
• Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
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• Waiver: The failure of WebsNP to enforce any provision of this Agreement shall not be construed as a waiver of that provision or the right to enforce it at a later time.
• Entire Agreement: This Agreement, including the Acceptable Use Policy and any other documents incorporated by reference, constitutes the entire agreement between you and WebsNP and supersedes all prior oral or written agreements or understandings.