Terms of Services

ACCEPTANCE OF TERMS

Our Terms and Conditions

Webunitech.com provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.
By accessing and using the Webunitech.com services, you accept and agree to be bound by the terms and provisions of these terms of service, which may be updated by us from time to time without notice to you.

Content
All services provided by Webunitech.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Indian Cyber Law and 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. The subscriber agrees to indemnify and hold harmless Webunitech.com from any claims resulting from the use of the service which damages the subscriber or any other party directly or indirectly.

Pornography and sex-related merchandising is prohibited on all Webunitech.com servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Webunitech.com will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity, indulge in offering services like online lottery, or present content that may be damaging to Webunitech.com servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links
Prohibited Content for Shared Hosting and Reseller Hosting
Pirated software, Hacker programs or archives, Warez sites, Any Site running background processes for fetching the data from internet websites, Any Site that consumes more than 10% of system resources, IRC Bots, imaging and file dump, mirror, Proxy Scripts, top sites (Warez), High-Yield Interest Programs (HYIP) or related sites, Escrow, Investment sites (egold exchange, FOREX), sale of any controlled substance without prior proof of appropriate permit(s), Bank Debentures, AutoSurf sites, Bank Debenture Trading Programs, Prime Banks Programs, muds (multi-player computer game and chat rooms) / rpg's (Role-playing game), Brute Force Programs, hate sites, sites promoting illegal activities, IP Scanners, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited. You can not use your space for backup/storage device with the exception of your own web site.

Following are a list of sites that will often require more than 10% of our systems resources: Multiple domains residing at a single IP address, domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), and domain accounts offering download files. We are not saying that your web site cannot contain such files, however if at any time they consume 10% or more of our systems resources you will be contacted to resolve the problem.

Prohibited Content For Virtual Servers and Dedicated Servers
Pirated software, Hacker programs or archives, Warez sites, IRC Bots, Proxy Scripts, top sites (Warez), High-Yield Interest Programs (HYIP) or related sites, Escrow, Investment sites like egold exchange, sale of any controlled substance without prior proof of appropriate permit(s), Bank Debentures, AutoSurf sites, Bank Debenture Trading Programs, Prime Banks Programs, Brute Force Programs, hate sites, sites promoting illegal activities, IP Scanners, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

Webunitech.com will be the sole arbiter as to what constitutes a violation of this provision, and will have the right to terminate your hosting account without any prior notice without any refunds. We take this very seriously, and will not make any exceptions to this clause

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $2.00 for each gig of traffic exceeded. This amount is not prorated, this meaning that 1 mb - 1 gig will be treated and billed as the same.

All our clients agree that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer.

Webunitech.com will monitor subscribers’ bandwidth and disk usage. Webunitech.com shall have the right to take corrective actions if subscribers’ bandwidth or disk usage exceeds the Agreed Usage. Such corrective actions may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement at any time as deemed necessary, which actions that may be taken in the sole and absolute discretion of the Webunitech.com. If AccuWebHostiong.com takes any corrective action under this section, a client shall be entitled to a pro-rated refund of any fees paid in advance prior to such action.

In case of a site residing on a Linux server, an automated notification is sent when the disk/bandwidth usage reaches up to 80% of the agreed limit. The client is thus notified to keep the usage within the allocated limit. However, if the bandwidth and/or disk usage exceeds the allocated limit the domain will be automatically suspended immediately without any further notification to this regard and Webunitech.com will not be responsible for any damage/loss arising out of it.

In case of a site residing on a Windows server, we shall notify our clients when their disk/bandwidth usage reaches up to 100% of the agreed limit and request them to either restrict it or to go for extra space / bandwidth. If he fails to do so then the concerned account will be suspended and Webunitech.com will not be responsible for any damage/loss arising out of it.

Domain Name Registration
Webunitech.com assists its clients to have a domain name registered with ICANN approved registrars just for the sake of assistance only. Under no circumstances Webunitech.com will own or otherwise control any domain name/s registered on behalf of its clients. All the subscriber/clients of Webunitech.com have waived any and all claims which they may have, or which may later arise against Webunitech.com for any and all damages, losses, claims or expenses arising or related to the acquisition, registration, ownership or any other related issues of the Domain Name. Any cost incurred by Webunitech.com – except for the Domains Name Registrations offered with some business promotion schemes – to obtain and / or maintain the Domain Name on behalf of its clients shall be charged to them by Webunitech.com.

We are providing this assistance considering that all our subscribers/clients have gone through ICANN guidelines placed at http://www.icann.org/udrp/udrp-p olicy-24oct99.htm and understood them.

Copyright Infringement
Webunitech.com supports the protection of intellectual properties and copyrighted materials hence we have provided following guidelines to take care of copyright infringements complaints.

Notice for Making Claim for Copyright Infringement:

Under Title 17, United States Codes, the notification of Claimed Infringement must include certain information. Therefore, all the claims pertaining to infringement of copyright materials must be submitted to support@Webunitech.com along with the following necessary information for further course of actions:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  2. Identification of the copyrighted work that claimed to have been infringed;
  3. The URL and other information reasonably sufficient to permit us to locate the copyrighted material;
  4. Your name, address, phone number and email address;
  5. A statement that you have a good faith, belief that the use of the materials in the manner complained of, is not authorized by the copyright owner, its agent or the law;
  6. 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 owner of an exclusive right that is allegedly infringed.
When we have all required information as prescribed above, we shall take necessary steps to remove or disable the access to the materials in question, regardless of whether the materials or activities is determined to be infringing, if selection action is not possible Webunitech.com will terminate the infringer’s account with us.

Webunitech.com will also take reasonable steps to promptly notify the alleged infringer in writing of the claim against him or her, and that it has removed or disabled access to the material or terminated Internet access (see Sections 512(c)(1)(C) and (g) of the Digital Millennium Copyright Act).

IP Address Ownership
If Webunitech.com assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to Webunitech.com and the subscriber shall have no right to use that IP address except as permitted by the Webunitech.com. We shall maintain and control the ownership of all IP numbers and addresses that may be assigned to subscribers by us. The Webunitech.com reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.

Commercial Advertising / Unsolicited Bulk e-Emails (SPAM)
Spamming, or sending of unsolicited emails from an Webunitech.com server or using an email address or domain that is maintained on an Webunitech.com machine as reference is STRICTLY prohibited. This means that clients of Webunitech.com will not use or permit others to use our network to transact in UCE (Unsolicited Commercial Emails). Violation of Webunitech.com's SPAM policy or anyone causing any of our IP space to be listed in any of the various Spam Databases will result in severe penalties.

Apart from it we also hereby prohibit:

  1. Any kind of News Bombing activities through emails that obstructs another people's use of e-mail services or news.
  2. Any activity that is involved in forging any message header, in part or whole of any electronic transmission origination or passing through the Webunitech.com service.
  3. The use of the Webunitech.com service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Webunitech.com's or another entity's computer software or hardware, electronic communication system, or telecommunication system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited offending.
Opt-Out mailing lists are strictly prohibited. This includes any lists or databases purchased or otherwise obtained from third parties, as the persons on such lists did not specifically solicit mail from you. Any mailing lists you maintain must be true confirmed opt-in in nature. (Information regarding confirmed opt-in lists and responsible e-mail marketing can be found here) This requires a user to specifically request to be added to your mailing list. Having to unsubscribe from mailing lists during product registration and similar sign up forms is not classified as opt-in, but rather opt-out, which is in violation of this UCE policy. In addition, any opt-in mailing lists must include an automated unsubscribe facility where clicking on a link within the e-mail will automatically and immediately unsubscribe users from lists. Reply-to e-mail addresses to unsubscribe are known to be ignored and are unreliable, therefore not permitted within our UCE policy.

Upon notification of an alleged violation of our SPAM and other email policies listed as above, Webunitech.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, Webunitech.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Webunitech.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Webunitech.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Webunitech.com will notify law enforcement officials if the violation is believed to be a criminal offense. First violations of this policy will result in an "Administrative Fee" of $200 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $400 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $180 per hour that Webunitech.com personnel must spend to investigate the matter. Webunitech.com will be the sole arbiter as to what constitutes a violation of this provision.

Though we do not allow any form of SPAMMING from our servers and make sure that no such activities are done from our server, we DO NOT support email forwarding facility through AOL, comcast.net, att.net, sbcglobal.net, msn.com, hotmail.com, live.com, msn.net because it has been our experience that instead of tracing the origination of the SPAMING they blacklist and block the immediate source of email thus jeopardizing the entire email activities en-routed through them.

Billing
WHMCS (Non Recurring Billing)
For all the clients that have signed up using the WHMCS system, renewal of account WILL NOT BE billed automatically. An email invoice with a payment link will be sent to the client’s email address on record, at or around the time of renewal, and it is the client’s responsibility to ensure they pay through this payment link. Failure to pay will result in the account being deactivated/deleted.

Recurring Billing
This option is no longer available for new payments. This applies to only clients currently on recurring billing. All credit cards are billed automatically for renewal of account/plan. It is the clients' responsibility to ensure that they have sufficient credit to cover this transaction. In the event that credit card is failing to bill, as a courtesy we will send an email notification at which point the customer will be removed from recurring billing and shifted to non recurring mode. In this mode, all payments going forward must be made as per the options provided on the invoice. If we do not receive a response within 24 hours the account will be deactivated/deleted and any accounts under that account plan.

If you are using a recurring PayPal payment, you agree that your account will be billed automatically for the renewal of your account/plan. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. An email invoice will be emailed to the client’s admin email account prior to the due date. The payment will be made automatically against this invoice from your PayPal account, given adequate funds is in the assigned account.

Taxes & Dues
Any taxes or dues to be paid in relation to the purchase or use of our electronic services in the jurisdiction of where the purchaser resides as a result of the purchaser purchasing this service contract then the purchaser accepts they are wholly responsible to pay those taxes/dues if any and the purchaser upon acceptance of the service automatically indemnifies Webunitech.com and its directors from such taxes or dues.

Charge backs
Incase if a customer withdraws his payments via bank or CC using a charge back it may be subject to a punitive fee of $20, if Webunitech.com deem this chargeback to be unfair. Webunitech.com reserves its right to defend this type of charge backs and recover the original monies from the card issuer.

Account Deactivations
Your account can be cancelled ONLY by initiating a cancellation request using Webunitech.com’s Account Manager. Any other methods of requesting a cancellation are not valid. Once the cancellation form is submitted from the Account Manager, the account will be cancelled within two to five business days.

Any account deactivated due to non-payment will be deactivated and we require a reactivation fee of $50.00 to be paid prior to reactivating the account.

**Please note: Domain Name Registration fees WILL NOT be refunded.** **Free Domain registration is provided for the initial year of the hosting only. For subsequent year clients are required to renew their domain manually.**

Mid term account cancellation (registered under annual contract) initiated by customer is subject to management approval. For any mid-term account cancellation initiated by customer, Webunitech.com requires 1 month of notice period. Mid term account cancellation initiated by customer will be charged $20 cancellation fees.

To downgrade an account, Webunitech.com will charge $20.

Limitation On Webunitech.com Liability
Webunitech.com shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control. in no event shall webunitech.com be liable under contract, negligence, tort, strict liability or any other legal or equitable theory for any direct, indirect, incidental, exemplary or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind or loss of business goodwill or opportunity) whether or not webunitech.com has been advised of the possibility of such loss or damages. Webunitech.com shall not be liable for the cost of procurement of substitute goods, services or technology. webunitech.com's entire liability and subscriber's exclusive remedy with respect to any use of the services is the cancellation of subscriber's account as set forth herein. In no event shall webunitech.com's liability to you, the subscriber, exceed the fees paid by you for webunitech.com services. no action, regardless of form, arising out of these terms or out of the services may be brought by you, the subscriber, more than one year after the event which gave rise to the cause of action. Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions, webunitech.com's liability shall be limited to the greatest extent permitted by law.

Account Activation
By activating your account with Webunitech.com, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer.

Policy And Terms For Dedicated Servers
Apart from providing shared web space, we also provide the service of dedicated servers. Following are the additional terms and conditions for dedicated servers (in addition to the terms and conditions for web space clients, which also apply to dedicated server clients):
  1. The minimum contract term for dedicated server is six months. Once an order for a dedicated server is placed it can not be cancelled before six months or against the payment in lieu thereof. However, in case of non-compliance of the terms stipulated, the contract will be terminated by Webunitech.com before end of the term without providing any refund.
  2. Webunitech.com is not responsible for any data loss. Customers are responsible for keeping local backup files of all sites. Any backup services provided by Webunitech.com are at our discretion and are not guaranteed unless otherwise specified under separate contract. Restoration of files from backup may incur restoration fees.


PCI DSS Compliance Disclamer
Shared/Reseller Hosting: Webunitech.com’s hosting environment is not intended for secure payment pages, and/or storing, transmitting, processing, and viewing credit card data. It is strictly prohibited to store, process, transmit, and view credit card data on Webunitech.com’s servers and/or web hosting plans. Ecommerce transactions must be outsourced to third party vendors and ensure they do not connect to Webunitech.com servers.

Dedicated Hosting: For purposes of this section, the term "Cardholder Data" or "CDI" refers to the number assigned by the card issuer that identifies the cardholder's account or other cardholder personal information, and "Personally Identifiable Information" or "PII" means any CDI or other personal or financial data relating to any individual or entity.

The provisions set forth in this section apply to you that either itself, or through a processor or other agent, stores, processes, handles, or transmits cardholder data or PII in any manner.
  1. You shall at all times comply with the Cardholder Data and Personally Identifiable Information requirements for cardholder data that are prescribed by the PCI Security Standards Council. Requirements documentation are available on the PCI Security Standards Council web site at https://www.pcisecuritystandards.org/.
  2. You acknowledge and agree that cardholder data may be used only for assisting in completing a card transaction, for fraud control services, or as specifically agreed to by PCI Security Standards Council or as required by applicable law.
  3. In the event of a breach or intrusion of or otherwise unauthorized access to cardholder data stored at or for you, you shall immediately notify the card issuer in the manner required in the PCI Security Standards Council requirements.
  4. You shall maintain appropriate business continuity procedures and systems to ensure security of cardholder data in the event of a disruption, disaster, or failure of your primary data systems.
  5. You and you successors and assigns shall comply with the PCI Security Standards Council requirements after termination of this Agreement.
  6. You acknowledge and agree that PII may be used only for assisting in completing an e-commerce transaction, including fraud control services associated with said e-commerce transaction, subject to applicable law.


Notice
Webunitech.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to change any pricing, and make changes to our account plans without notification, however change in pricing will not affect your existing order.

**If your account is found to contain illegal activity, Illegal MP3 Files, Pirated software, hacker programs, Warez programs, or any other illegal files, your account will be terminated immediately without notice and a $50.00 Cancellation fee will apply. ** Also the proper (and your local) authorities will be notified of your actions.

**Please understand that if your account is terminated due to the misuse of your account resulting from spam or any other methods prohibited by our service, your hosting account will be immediately suspended/deleted without any prior notification, and you will not be refunded under any circumstances.

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