Terms of Service Agreement

Terms of Service Agreement

OurWeb.net provides web page hosting. OurWeb.net reserves the right to suspend or cancel a customer’s access to any or all services provided by OurWeb.net when OurWeb.net decides that the account has been inappropriately used or otherwise. Currently OurWeb.net only accepts sites that are in English.

1. Server Usage

Personal accounts are to be used by the primary owner only. Personal account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner’s web site. Exceptions to this include ad banners, classified ads, and personal ads. OurWeb.net reserves the right to refuse service and /or access to its servers to anyone. Each individual is allowed ONE account only. OurWeb.net does not allow any of the following content to be stored on its servers:

a) Illegal Material : This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. You may not store copyrighted Mp3s on your webspace in any way shape or form.

b) Adult Material : If you are interested in hosting an adult site, prior written approval is required. Adult sites include pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of OurWeb.net. Hosting of child related material will not be tollerated.

c) Warez : Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.

d) Anime : Copyrighted anime is not allowed on our servers. This includes variations of anime including manga, hentai etc. Also includes any sites which provide links to information about such material. If you created the material yourself, you may host the content on your site.

e) Proxies : We do not allow proxies of any kind on our servers.

f) File Sharing: You may not run leeching or torrent scripts on our servers. This means that you cannot have a website that is used to link between file hosting servers such as RapidShare.

g) File Hosting: You may not use our servers for file hosting. If you do not intend to have a website, don’t bother applying!

h) Spam Emails: You may not use our servers to send any type of spam or phishing emails. Any spam or phishing emails sent from our servers will result in immediate termination of the offending users account, without warning!

In addition to the immediate termination of the offending account, a charge of $1.00 per spam / phishing email will be added and invoiced immedaitely for the time we spent correcting any action taken against our servers, or IP’s. Failure to pay the fee will result in legal action.

3. High Resource Usage Policy

Resources are defined as bandwidth and/or processor utilization. OurWeb.net may implement the following policy to its sole discretion: When a website is found to be monopolizing the resources available OurWeb.net, reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby OurWeb.net continues hosting the website for an additional fee.

4. 99.9% Uptime Policy

OurWeb.net strives to achieve 100% uptime obviously but, sometimes accidents can happen. In the event that our servers do not provide 99.9% uptime, we will credit your account as follows:

OurWeb.net Uptime

SLA Credit

OurWeb.Net Uptime SLA Credit
99.9% and above 0%
99.8% 10%
99.7% 20%
99.6% 30%
99.5% 40%
99.4% 50%
99.3% 60%
99.2% 70%
99.1% 80%
99.0% 90%
Below 99.0% 100%

To take advantage of the available credit, the user must open a support ticket within 72 hours of the downtime and notify us.

5. Cancellations

OurWeb.net reserves the right to cancel the service at any time. Customers may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled.

6. Refunds

ABudgetWebHost offers a 14 day money back guarantee. If you are not happy with our service for any reason within 14 days, you can get a 100% refund but, it must be within 14 days. After 14 days and there will be no refund.

Also, if your account is terminated due to TOS violations, you will not be eligible for a refund.

Refunds do not apply to any virtual Private Server or Dedicated Server Packages!

7. Chargebacks or PayPal disputes

Anyone that files a chargeback or a PayPal dispute without contacting us first to resolve the issue will be charged a $50.00 administrative fee for the time we spend to resolve the situation. Failure to pay the $50.00 admin fee will result in legal action. So, to save us both a lot of hassle, please contact us before filing any claims or chargebacks. We are always willing to work with our clients to resolve any and all issues.

8. Indemnification

Customer agrees that it shall defend, indemnify, save and hold OurWeb.net harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against OurWeb.net, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless OurWeb.net against liabilities arising out of;

(1) Any injury to person or property caused by any products sold or otherwise distributed in connection with OurWeb.net’s server;

(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 OurWeb.net’s server.

9. System Backups

Backups of all customer data are soley the responsibility of the client. OurWeb.net does full nightly backups, these are to be used for system restore only, and are not used for individual account backup. Any other questions on this policy should be directed to the staff.

10. Disclaimer

OurWeb.net will not be responsible for any damages your business may suffer. OurWeb.net makes no warranties of any kind, expressed or implied for services we provide. OurWeb.net 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.

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