Wizzerdwerks
TERMS OF SERVICE
Revision date: Sunday, April 27, 2008
The use of services from Wizzerdwerks Enterprises, LLC [hereafter referred to as "Wizzerdwerks"] constitutes agreement to these terms.
All services provided by Wizzerdwerks ("Wizzerdwerks") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any 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 Wizzerdwerks
from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Wizzerdwerks' servers, or any other server on the Internet. Links to such materials are also prohibited.
Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the
domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all
times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit
card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Law & Acceptable Use Policy
Customer agrees to use the service in compliance with applicable law and Wizzerdwerks' Acceptable Use Policy posted at http://www.wizzerdwerks.com/aup.html (the "AUP"), which is hereby
incorporated by reference in this Agreement. Customer agrees that Wizzerdwerks may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions
on Customer's use of the Services. Amendments to the AUP are effective on the earlier of Wizzerdwerks' notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to
cooperate with Wizzerdwerks' reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Wizzerdwerks and Customer regarding the interpretation of the AUP, Wizzerdwerks' commercially reasonable interpretation of the
AUP shall govern.
Transfers
Our transfers team will make every effort to help you move your site to us, however, we cannot make guarantees of the transfer process. We provide this as a courtesy service and cannot make guarantees regarding its availability or the
amount of time it may take as each host is configured a little differently. We will try our best; however, in some cases we may be unable to assist you in a transfer of data from an old host.
Examples of unacceptable content or links:
Pirated software
Hacker programs or archives
Warez sites
IRC Bots
Chat Scripts/Programs
Proxy Scripts / Anonymizers
".img" / image hosting only sites that do not host an actual domain name
File hosting sites
Escrow
High-Yield Interest Programs(HYIP) or related sites
Investment sites (FOREX, egold exchange)
AutoSurf sites
Bank Debentures
Bank Debenture Trading Programs
Prime Banks Programs
Lottery sites
Muds / Rpg's
Hate sites
sites promoting illegal activities
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES/COPYRIGHTED WORK, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00
CANCELLATION FEE WILL APPLY. ADDITIONALLY, Wizzerdwerks WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the
same.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of Wizzerdwerks is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account
will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Wizzerdwerks must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Billing
By the Account Renewal Date of each month, Wizzerdwerks shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Wizzerdwerks by no
later than the specified payment due date. Wizzerdwerks shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed
automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be
provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Service Fees
Certain services carry a setup fee charged by Wizzerdwerks to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees
owed to Wizzerdwerks and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination.
Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Money back guarantee & refund policy
We offer a 15 day Money back guarantee on managed shared hosting, and reseller solution's. If you are not completely satisfied with our services within the first 15 days of
your service, you will be given a full refund of the contract amount, minus any bank processing fee's. If after the 15 days you wish to cancel your service you may do so at the end of your billing cycle, Wizzerdwerks reserves the right to refuse/decline
refund requests. If a refund is approved it can take 2-3 weeks for a refund request to be processed.
Refunds: There are no refunds on administrative fees, install fees for custom software, or domain name purchases. Refund requests after 15 days will not be accepted. Only first-time accounts are eligible for a refund. For example, if
you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us or renew service.
We reserve the right to refund a prorated amount or no refund at all.
Violations of the Terms of Service will waive the refund policy.
Account Deactivations
Any account deactivated due to non-payment will be assessed a "late fee/re-activation fee" of $20.00 prior to reactivation.
Cancellations
Customers may cancel at any time via the client area. To request a cancellation of your hosting service please login to your client area and submit the request. Cancellation requests must be received within
7 days prior to the renewal date. Cancellations past the 7 day period will result in an immediate account termination with no refunds given. Failure to pay an account renewal because of non-compliance to the cancellation policy, will result in a $50
processing fee and additional collection procedures will be taken to collect the due amount.
Domains names registered with us will be billed and charged 60 days before the renewal date. If you no longer wish to renew your domain please notify us before the 60 day renewal letter is sent so that we can enter
the request into the system to avoid any charges to your account. Charges are non-refundable once you have been charged for the domain.
Shared (non-reseller accounts)
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.
Reseller: Client Responsibility
Resellers are responsible for supporting their portal. Wizzerdwerks does not provide support to our Reseller's portal. If a reseller's client contacts us, we reserve the right to place the client account on hold until the
reseller can assume their responsibility for their client. All support requests must be made by the reseller on their portal' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and
the actions of their portal'. Wizzerdwerks will hold any reseller responsible for any of their portal actions that violate the law or the terms of service.
Price Change
We reserve the right to change prices at any given time with at least 30 days notice prior to your renew date, we also reserve the right to change prices listed on Wizzerdwerks.com.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Backups and Data Loss
Your use of the service is at your sole risk. Wizzerdwerks is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup
of files and data stored on Wizzerdwerks servers.
Limitation of Liability
Wizzerdwerks shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Wizzerdwerks ' servers going off-line or being unavailable for any reason whatsoever. Furthermore,
Wizzerdwerks shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Wizzerdwerks ' servers. All damages shall be limited to the immediate
termination of service.
Violations
Violations of these Acceptable Use Policies should be referred to Abuse@Wizzerdwerks.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Disclaimer
Wizzerdwerks cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by
Wizzerdwerks are resold. Thus, certain equipment, routing, software and programming used by Wizzerdwerks are not directly owned or written by Wizzerdwerks. Moreover, Wizzerdwerks holds no responsibility for the use of our clients' accounts. Failure to
comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Wizzerdwerks sees fit.
Account Activation
By activating your account with Wizzerdwerks, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance
is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any
action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
Wizzerdwerks guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive
downtime. Please refer to our Service Level Agreement located at http://www.wizzerdwerks.com/sla.html.
Wizzerdwerks reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
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