Terms & Conditions

WebSpirit Hosting provides World Wide Web hosting. WebSpirit Hosting reserves the right to suspend or cancel a customer's access to any or all services provided by WebSpirit Hosting when WebSpirit Hosting decides that the account has been inappropriately used or otherwise.

RESTRICTED CONTENT (aka Not Allowed)
Client is expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Client is expected to use his/her account for legal purposes only. Common sense is the best guide as to what is considered acceptable use.

WebSpirit Hosting forbids the use of an account to host illegal pornography such as child pornography. No pornography is allowed on any of the servers. Client's whose accounts are found in violation of this policy may, at the discretion of WebSpirit Hosting, have their account(s) terminated without notice.

Client's whose accounts Web site which promotes activities that violate federal, state, local laws and/or violation of U.S. export restrictions are also are not allowed at WebSpirit Hosting. This includes "warez" sites (freely distributing copyrighted software), sites promoting hacking and/or cracking software applications, child and/or under age porn.

NO form of IRC is allowed, whether for private and/or public use on the WebSpirit Hosting network(s).
This is due to the high amount of DoS attacks IRC servers draw to the network(s) they are located on.
WebSpirit has a right to post advertisement on the clients website which uses trial or free hosting plan. WebSpirit will not post any advertisment on paid hosting packages. WebSpirit can terminate free plan clients membership at any time. Free plan clients are not entitled for any technical support.  

Client's whose accounts are found in violation of this policy may, at the discretion of WebSpirit Hosting, have their account(s) terminated without notice. Additionally, WebSpirit Hosting may contact the Software Piracy Association ("SPA") and release any information in connection with any illegal activities relating to software piracy on the Client's account.

Simply put, we ask that you use your account for legal oriented purposes.

HIGH RESOURCE USER POLICY
Resources are defined as processor utilization.

WebSpirit Hosting may implement the following policy to its sole discretion:

When a Web site is found to be monopolizing the resources available WebSpirit Hosting 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 WebSpirit Hosting continues hosting the Web site for an additional fee.

PAYMENT POLICIES
All accounts are set up on a prepay basis. Although WebSpirit Hosting reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given.

In situations where the card number on file is declined WebSpirit Hosting will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, WebSpirit Hosting reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.

No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer's card will be charged automatically.

All payment is in US Dollars.

PAYMENT OPTIONS
Credit / Debit Cards:
We currently accept Visa, MasterCard, American Express, and Discover/Novus and derivatives of those brands. Diners Club is in the process of being added.

CANCELLATION AND REFUNDS
WebSpirit Hosting reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes WebSpirit Hosting' terms of service a refund will not be issued in the event of a cancellation.

Fees charged on a prepay basis are non-refundable. In addition some accounts incur set-up fees, these charges are also non-refundable.

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold WebSpirit Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against WebSpirit Hosting, 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 WebSpirit Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with WebSpirit Hosting' 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 WebSpirit Hosting' server.

DISCLAIMER
WebSpirit Hosting will not be responsible for any damages your business may suffer. WebSpirit Hosting makes no warranties of any kind, expressed or implied for services we provide. WebSpirit Hosting 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 WebSpirit Hosting and its employees. WebSpirit Hosting reserves the right to revise its policies at any time.

E-Mail / Spam Policy

Spamming is the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to. Using fictitious e-mail addresses or any domain name hosted on our network(s) is strictly forbidden. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups. A violation of this policy extends to clients who send unsolicited e-mail from a domain name not affiliated or hosted on our network(s), but the mail message makes mention of a Web site hosted on an account on the network(s).

Providing access to download spam ware or spam related programs is strictly prohibited. Additionally, clients may not have email lists available for download on the site.

Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mail bombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden. WebSpirit Hosting reserves the right to determine what constitutes abuse of this policy. Clients whose accounts are found in violation of this policy may, at the discretion of WebSpirit Hosting, have their account(s) terminated without notice. Sites closed for violations of this policy will not be reinstated under any circumstance.

Simply put, we ask that you do not send unsolicited e-mail from your account, or from anywhere which promotes a Web site hosted on a WebSpirit Hosting account. Furthermore, please do not provide access to download spam-related software or bulk e-mail lists.

SPAM Complaints
For each VALID SPAM complaint received by the Abuse/AUP Department, the account will be charged as follows:

$35.00 per VALID SPAM complaint

NOTE: WebSpirit Hosting may at any time, revise the Acceptable Uses Policy without advanced notice given to clients. Renewal of a virtual server service term with WebSpirit Hosting constitutes acceptance to all modifications to the Acceptable Uses Policy. Any revisions to the Acceptable Uses Policy will be in effect upon renewal of any server service term with WebSpirit Hosting Client understands that the Acceptable Uses Policy is only a portion of our service agreement.