Weborizon’s services include, but are not limited to:
The legal owner of customers’ Web sites and accounts with Weborizon will be the individual or organization whose name is listed in Weborizon’s database as the owner. Customers will fully cooperate with and abide by any and all of Weborizon’s security measures and procedures in the event of any dispute over ownership of customers’ Web sites and accounts with Weborizon.
Weborizon servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Weborizon services, all Weborizon customers certify that they and/or the organization they represent in procuring services from Weborizon are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to Weborizon’s customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Weborizon server, and selling or distributing software (on a Web site residing on a Weborizon server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Weborizon reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Violations of system or network security are prohibited and may result in criminal and civil liability including a fine of $500 per incident. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
Use of Weborizon’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Weborizon’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All Weborizon customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Weborizon customer (per the DMCA) to Weborizon must follow the below procedures. Copyright infringement notifications submitted to Weborizon according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Weborizon’s sole discretion.
Pornography and sex-related merchandising are prohibited on Weborizon servers. This includes sites that may infer sexual content or provide links 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, or provide links to such sites.
The use of Weborizon’s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Weborizon is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Unacceptable product categories |
Examples |
| Academic paper-writing and test-taking services | Pre-written essays, thesis papers, and dissertations; offers for paper-writing or test-taking services. |
| Adult goods and services |
Pornography and other sexually suggestive materials (including literature, imagery and other media); escort or dating services; novelties and toys |
| Alcohol | Beer or liquor |
| Animals and regulated species | Animals, animal parts, blood, or fluids and noxious weeds, prohibited seeds, plants or other organisms (including product derivatives) in danger of extinction or whose trade is otherwise regulated by law |
| Bulk marketing tools | Email lists, software, or other products enabling unsolicited email messages (spam) |
| Child pornography | Pornographic materials involving minors, or content that can be perceived as pedophilia erotica | Copyright media and software | Unauthorized copies of books, music, movies, and other licensed or protected materials including copies without proper attribution; and unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software |
| Copyright unlocking devices or techniques | Mod chips or other devices or techniques designed to circumvent or allow the circumvention of copyright protection, such as unlocked iPhones | Counterfeit and unauthorized goods | Replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs; currency; stamps; tickets; other potentially unauthorized goods |
| Drugs and drug paraphernalia | Controlled substances, narcotics, illegal drugs, and drug accessories, including psychoactive and herbal drugs such as salvia and magic mushrooms and materials promoting their use; or legal substances, such as plants or herbs, in a manner that suggests ingesting, inhaling, extracting or otherwise using any substance or compound from the legal substance will provide the same effect as an illegal drug, compound or substance or that will provide unsubstantiated health benefits. |
| Financial or other regulated products, services, securities, and stored value | Investment consulting; refinancing or transfer of non-collectible debt; stock brokerage; manual cash disbursements; money orders; traveler's checks; stocks, bonds, or related financial products; insurances; units in collective investment schemes; stored value cards; credit services; provision of services regulated or prohibited by applicable law |
| Fund solicitations | Donation solicitations from parties without a valid 501(c)(3) tax exempt status clearly displayed to the public; solicitations from parties without valid proof of exempt tax status or proof of registration with the relevant country's regulatory bodies and authorities; and political organizations that have registered with the FEC. |
| Gaming/gambling | Lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content |
| Government IDs, documents, or uniforms | Including but not limited to government issued IDs, passports, diplomas, noble titles, and uniforms |
| Hacking and cracking materials | Manuals, how-to guides, information, or equipment enabling illegal access or damage to software, servers, websites, or other protected property |
| Human parts | Organs or other body parts; body fluids; stem cells; embryos |
| Illegal goods | Materials, products, or information promoting illegal goods or enabling illegal acts; goods you do not own or have the right to sell; goods produced in violation of a third party's rights; goods in violation of export or labeling restrictions; goods recorded on public registers (such as real estate) and whose transfer requires formalities that cannot be legally completed online You are solely and completely responsible for verifying that all items you sell are authentic and legal. |
| Illegal telecommunications equipment | Devices intended to obtain cable and satellite signals for free, cable descramblers and black boxes, access cards, access card programmers and unloopers, and other equipment deemed unlawful by the Federal Communications Commission (FCC) or other competent regulatory body in the country in which the goods are offered for sale |
| Miracle cures | Unsubstantiated cures, remedies or other items marketed as quick health fixes |
| Multi-level marketing and wealth creation programs | Multi-level marketing programs (including online payment randomizers), matrix, pyramid, Ponzi schemes, wealth creation programs, and all similar programs |
| Offensive goods | Goods, literature, products, or other materials that:
|
| Offensive goods, crime | Crime scene photos or items, such as personal belongings, associated with criminals or a criminal act |
| Precious materials | Bulk sales of rare, scarce, or valuable metals or stones |
| Prescription drugs and medical devices | Drugs or other products requiring a prescription by a licensed medical practitioner, veterinarian or any online pharmacies or whose distribution is otherwise regulated; medical devices that require government authorization for distribution; and drug test circumvention aids |
| Protected cultural items and artifacts | Material covered by the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or otherwise restricted by law from sale, export or transfer; Artifacts, cave formations (speleothems, stalactites, and stalagmites) and grave-related items that are protected under federal laws, such as The Federal Cave Resources Protection Act of 1988, and the Native American Grave Protection and Repatriation Act |
| Pyrotechnic devices and hazardous materials | Fireworks and related goods; toxic, flammable, and radioactive materials and substances |
| Regulated goods | Air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; medical procedures; car titles; car number plates; police badges and law enforcement equipment; lock-picking devices; medical devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications |
| Traffic devices | Radar jammers, license plate covers, traffic signal changers, and related products |
| Travel packages and offers | Tours (including hotel, flight, and car reservations), travel clubs, and timeshare properties |
| Tobacco and cigarettes | Cigarettes, cigars, chewing tobacco, and alternative products |
| Weapons | Firearms, ammunition, and other items including but not limited to firearms, disguised, undetectable or switchblade knives, martial arts weapons, scopes, silencers, ammunition, ammunition magazines, BB guns, tear gas or stun guns. |
| Wholesale currency | Discounted currencies or currency exchanges; currency backed by precious metals |
Weborizon is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Weborizon urges its customers to assume that all of their on-line communications are insecure. Weborizon cannot take any responsibility for the security of information transmitted over Weborizon’s facilities.
Customers are required to use the Weborizon network responsibly. This includes respecting the other customers of Weborizon. Weborizon reserves the right to suspend and/or cancel service with any customer who uses the Weborizon network in such a way that adversely affects other Weborizon customers. While Weborizon may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Weborizon does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOU. However, when Weborizon becomes aware of any violation of the TOU or other user agreements, Weborizon may take any action to stop or correct such violation, including, but not limited to, denying access to Weborizon’s services and equipment or to the Internet. In addition, Weborizon may take action against a customer or a customer of such customer because of the activities of such customer. Weborizon anticipates that customers who offer Internet services will cooperate with Weborizon in any corrective or preventive action that Weborizon deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Weborizon policy and Weborizon reserves the right to take any such action even though such action may affect other customers of the Weborizon customer.
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Weborizon will be the sole arbiter as to what constitutes a violation of the TOU. Weborizon reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Weborizon becomes aware of an alleged violation of its TOU, Weborizon will initiate an investigation. During the investigation, Weborizon may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Weborizon may, at its sole discretion, restrict, suspend, or terminate a customer’s Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Weborizon will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Weborizon does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Weborizon.
Weborizon customers agree to protect, defend, hold harmless, and indemnify Weborizon, any third party entity related to Weborizon (including, without limitation, third party vendors), and Weborizon’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Weborizon, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Weborizon’s services.
The Weborizon service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Weborizon expressly disclaims any representation or warranty that the Weborizon service will be error-free, secure or uninterrupted. No oral advice or written information given by Weborizon, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Weborizon and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Weborizon may immediately terminate provision of Weborizon’s services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Weborizon in such event.
Weborizon may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Weborizon’s services. Certain changes to Weborizon’s services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and Weborizon is not liable, for any and all such personalized applications and content, except as expressly agreed to by Weborizon.
Except where Weborizon has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Weborizon is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Weborizon services.
Weborizon maintains backups only for emergency cases.
The Continuous Data Protection (CDP) backup server maintains only the last 4 days snapshot and the first initial snapshot of the month. The backup retrival process is highly resource intensive and it consumes lot of cpu and memory in the backup server. Due to this we have a small fee of $25 per account/file/directory. We can provide you with access to an online tool that will let you make backups of your files manually. Please request information about this if you are interested.
Weborizon makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, Weborizon makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Weborizon specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Weborizon liable in any way for the revocation of any license, which has been licensed to Weborizon. The use of the Technologies obtained from or through Weborizon, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Any mention of non-Weborizon products by Weborizon, its employees, or any third party entity related to Weborizon is for information purposes only and does not constitute an endorsement or recommendation by Weborizon. Weborizon disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Weborizon products or services.
Customers will not, without Weborizon’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Weborizon’s Web site, and customers will not use any of Weborizon’s trademarks, service marks, copyrighted materials, or other intellectual property without Weborizon’s express written consent. Customers will not, in any way, misrepresent their relationship with Weborizon, attempt to pass themselves off as Weborizon, or claim that customers are Weborizon.
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Weborizon’s services, either in whole or in part, without the prior written consent of Weborizon.
Weborizon customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOU in order for the Minor to become a Weborizon customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Weborizon services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Weborizon’s express written consent to the contrary. Any acceptance of the TOU or any other agreement for Weborizon’s services will be deemed null and void to the extent that Weborizon will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of Weborizon’s services.
The TOU, and any other agreement for Weborizon services, will be governed by and construed in accordance with the laws of the State of Georgia, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Weborizon will take place in Georgia, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Weborizon agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
Weborizon will not be liable for delays in its performance of the TOU or Weborizon services caused by circumstances beyond Weborizon’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). Weborizon will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for Weborizon services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Weborizon.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Weborizon and its customers. Each of Weborizon and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
The TOU, and/or any other specific agreement for Weborizon services, constitutes the complete understanding and agreement between Weborizon and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Weborizon, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Weborizon services is between Weborizon and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Weborizon.
The following Terms of Use constitute Weborizon’s Billing Policy and apply to ALL Weborizon customers:
All charges are shown in US Dollars. Payments are to be made in US dollars. Weborizon accepts the following types of payment:
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Weborizon your credit card information, you authorize Weborizon to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Weborizon’s Billing Policy in the TOU. You are responsible for directly updating, or notifying Weborizon, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Accounts that are ten (10) days past due will be subject to suspension. Reactivation of a hosting account will include a $5.00 service charge, and reactivation of a reseller account will include a $15.00 service charge. Dedicated subscribers which are past due will be subject to a $25.00 late payment fee per past due invoice. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.
Weborizon offers one Billing Cycle (term) for hosting charges and other services: Yearly (12 months). The Billing Cycle begins on the Plan Activation Date.
Additional items including dedicated IP addresses, SSL Certificates, application installations, and monitoring/management services are non-refundable.
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan’s Billing Cycle. Plan renewal charges are based on the rate of the initial purchase date according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Weborizon does not mail paper invoices or statements. Statements can be viewed and printed through the Weborizon Account Manager. https://secure.weborizon.net
A $25.00 chargeback fee will be assessed for each credit card chargeback received by Weborizon.
Sevice plans will automatically renew until a plan is cancelled. In order to cancel service, you must submit a cancellation request via the Weborizon Account Manager located at https://secure.weborizon.net. Weborizon’s customer service representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service.
Cancellation requests must be received by Weborizon a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Weborizon. Weborizon is unable to cancel your account effective for a future date. Weborizon will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Weborizon as soon as possible.
Weborizon will not provide partial refunds for early terminations. Annual service agreements paid on a monthly recurring basis will require 100% payment in full for remaining agreement length at the time of any early termination.
Weborizon does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Weborizon’s services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Weborizon, reserves the right to cancel any account, at any time, without notice, for any reason Weborizon considers appropriate.
The money back guarantee only applies to our hosting service.
Each of Weborizon’s shared hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; items and services ordered through the reseller program; domain parking plus; and overage fees.
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.
Weborizon has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Weborizon’s discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
Weborizon’s policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
Last Updated: 07/10/2008