Legal
Our Terms have changed starting 17/02/2017
WebHostFace Terms of Service
Terms of service
2. ACCEPTABLE USE POLICY 2.4 Prohibited Uses 2.5 Other Activities 2.5.1 Spamming 2.5.2 Audio/Video Streaming 2.5.3 Adult-Oriented Content Other Illegal ActivitiesACCEPTANCE AND AGREEMENT WITH TERMS OF SERVICE
Revision date: 17/2/2017
1.1 All services provided by WebHostFace.com LLC (“WebHostFace.com LLC”) may be used for lawful purposes only. This is an agreement (“Agreement”). Please read this Agreement carefully. The terms of services and conditions below are constituting a legal form of agreement between the website user (Herein referred to as “Subscriber” or “Subscribers” or “The Customer”, as applicable ) and WebHostFace.com LLC (below referred to as “The Company”) the legal owner of the domain name and web site webhostface.com, a wholly owned subsidiary of WebHostFace.com LLC, as well as its partners and affiliates on the one hand, and the user of webhostface.com’s products and services on the other hand.
In this Agreement, when we say “you,” “your,” “Subscriber,” “Subscribers,” “The Customer” and “Customer”, we mean the owner of the WebHostFace.com LLC Account and the person or entity utilizing the Service. When we say “we,” “our,” “us,” “Provider,” Company,” “The Company” and “WebHostFace”, we mean WebHostFace.com LLC. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions.
These Terms are effective immediately and you agree to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein by your use of WebHostFace.com LLC Services which includes, but is not limited to visiting the website, using its internal and external links for search of information, ordering any of The Company services, contacting The Company representatives, Support Services and/or any software or service made available to you by Us.
The Customer agrees to indemnify and hold harmless WebHostFace.com LLC from any claims resulting from the use of service which damages the subscriber or any other party.
1.2 Hosting related technology and services develop quickly and are constantly changing. Periodically some products become antiquated or deprecated due to major enhancements and/or because a third-party vendor has discontinued support or future development. WebHostFace.com LLC intends to provide the best possible web hosting service to each of its Subscribers. We are also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, WebHostFace.com LLC reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
1.3 Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Further, The Customer represents and warrants all information provided by The Customer to The Company has been and is complete, accurate, and current, and that The Customer shall continue to provide complete, accurate and current information to The Company in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although Subscribers of paid services offered through The Company must be at least eighteen (18) years of age and otherwise legally competent to accept and be legally bound by these Terms, a parent or legal guardian of a minor may obtain an account on the minor’s behalf, and by doing so, consents to such minor’s use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor’s use of any of the Services.
1.4 Subscribers may view the most current version of these Terms at webhostface.com/terms-of-service/. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the WebHostFace.com website, shall constitute Subscriber’s acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber’s sole and exclusive remedy is to cancel the Subscriber’s account as set forth in our Cancellation Policy below.
If we make a significant change to these Terms, as determined in its sole discretion, The company will post a notice that we have made significant changes to the Terms on the webhostface.com website for at least thirty (30) days after the changes are posted and will indicate at the bottom of these Terms the date these Terms were last revised.
1.5 In addition to this Agreement, all domain name registrations and transfers of previously registered domain name are subject to the terms and conditions of any registrar WebHostFace.com LLC may use to fulfill the Order and the rules and regulations of the relevant registrar. As a condition of this Agreement, you agree to be bound by the rules and regulations and dispute resolution policies applicable to each domain name applied for on your behalf. Details of these terms and conditions are available here:
ICANN Policy:
www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm
Public Domain Registry Registrar-Registrant agreement:
http://publicdomainregistry.com/legal/
ResellerClub Domain Registration Agreement:
http://supersite2.com/support/legal.php
ENOM Domain Registration agreement:
https://www.enom.com/terms/agreement.asp
1. ACCEPTABLE USE POLICY
Revision date: 4/2/2015
2.1 The Services provided by The Company may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. WebHostFace.com LLC reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.
2.2 WebHostFace does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Subscriber via the Service (the “User Content”). User Content includes content of Subscriber’s and/or users of Subscriber’s Web site. Accordingly, under this Agreement, Subscriber will be responsible for Subscriber’s users content and activities on Subscriber’s Web site. Notwithstanding anything to the contrary contained in this Agreement, we may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Subscriber of the AUP. In the event WebHostFace takes corrective action due to a violation of the AUP, The Company shall not refund to Subscriber any fees paid in advance of such corrective action. Subscriber hereby agrees that WebHostFace shall have no liability to Subscriber or any of Subscriber’s users due to any corrective action that WebHostFace may take (including, without limitation, suspension, termination or disconnection of Services).
2.3 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. Prohibited are sites that promote any illegal activity or present content that may be damaging to WebHostFace.com LLC’ servers, or any other server on the Internet. Links to such materials are also prohibited.The Customer acknowledges that his website can not contain adult, explicit, inappropriate materials or link to such resources, unless explicitly arranged with The Company. The Company reserves the right to determine which content is appropriate and take any corrective action in event of violations.
Unacceptable material on our servers include without limitation:
– Child Pornography
– Topsites
– IRC Scripts/Bots
– IRCD (irc servers)
– Proxy Scripts/Anonymizers
– Image Hosting Scripts (similar to Photobucket or Tinypic)
– AutoSurf/PTC/PTS/PPC sites
– IP Scanners
– Bruteforce Programs/Scripts/Applications
– Mail Bombers/Spam Scripts
– Banner-Ad services (commercial banner ad rotation)
– File Dump/Mirror Scripts (similar to rapidshare)
– Commercial Audio Streaming (more than one or two streams)
– Escrow/Bank Debentures
– High-Yield Interest Programs (HYIP) or Related Sites
– Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
– Sale of any controlled substance without prior proof of appropriate permit(s)
– Prime Banks Programs
– Lottery/Gambling Sites
– MUDs/RPGs/PBBGs
– Hacker focused sites/archives/programs
– Sites promoting illegal activities
– Forums and/or websites that distribute or link to warez/pirated/illegal content
– Bank Debentures/Bank Debenture Trading Programs
– Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
– Mailer Pro
– Push button mail scripts
– Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
– Tell A Friend Scripts
– Anonymous or Bulk SMS Gateways
– Bitcoin Miners
– PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate programs, etc)
– Pirated software
– Warez sites
– “Illegal MP3’s”
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, CHILD PORNOGRAPHY OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, WebHostFace.com LLC WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
2.4 Prohibited Uses:
2.4.1 Infringement of Intellectual Property Rights.
Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.If you believe that your intellectual property rights are being infringed upon, please email abuse@webhostface.com . For copyright infringement claims, WebHostFace follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures. A list of the information required to submit a sufficient copyright infringement claim can be found here:
2.4.2 Using a shared account as a backup/storage device.
You may not use a shared hosting account as a backup/storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
2.5 Other Activities:
Engaging in activities, whether lawful or unlawful, that WebHostFace.com LLC determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. WebHostFace.com LLC will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with WebHostFace.com LLC’ policy or applicable law. However, when WebHostFace.com LLC becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by WebHostFace.com LLC.
WebHostFace.com LLC is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching WebHostFace.com LLC’ facilities from those subscribers may have originated from a customer of the subscriber or from another third party. WebHostFace.com LLC does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. WebHostFace.com LLC reserves the right to directly take action against a customer of its subscribers. Also, WebHostFace.com LLC may take action against the WebHostFace.com LLC’ subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, WebHostFace.com LLC anticipates that subscribers who offer Internet services will cooperate with WebHostFace.com LLC in any corrective or preventive action that WebHostFace.com LLC deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of WebHostFace.com LLC policy.
WebHostFace.com LLC will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. WebHostFace.com LLC may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, WebHostFace.com LLC may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. WebHostFace.com LLC assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, WebHostFace.com LLC may disclose subscriber information or information transmitted over its network where necessary to protect WebHostFace.com LLC and others from harm, or where such disclosure is necessary to the proper operation of the system. However, WebHostFace.com LLC will never sell information to other services or outside companies.
WebHostFace.com LLC expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate WebHostFace.com LLC policy. Finally, WebHostFace.com LLC wishes to emphasize that, in signing the Service Agreement, subscribers indemnify WebHostFace.com LLC for any violation of the Service Agreement, law or WebHostFace.com LLC policy resulting in loss to WebHostFace.com LLC or the bringing of any claim against WebHostFace.com LLC by any third party. This means that, if WebHostFace.com LLC is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against WebHostFace.com LLC, plus costs and reasonable attorney’s fees.
2.5.1 Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward WebHostFace.com LLC, but also because it can overload WebHostFace.com LLC’ network and disrupt service to WebHostFace.com LLC’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, WebHostFace.com LLC will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore WebHostFace.com LLC reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should WebHostFace.com LLC choose to pursue and prosecute.
2.5.2 Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, WebHostFace.com LLC does not allow any streaming of audio or video content. Offending accounts may be suspended without noticed or terminated.
2.5.3 Adult-Oriented Content:
WebHostFace.com LLC does not allow adult content and will suspend/terminate any offending account.
Other Illegal Activities
Large File Policy:
WebHostFace.com LLC is not for file hosting and distribution – as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail abuse@webhostface.com
Obscene Speech or Materials:
Using WebHostFace.com LLC’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. WebHostFace.com LLC is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using WebHostFace.com LLC’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups:
WebHostFace.com LLC reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Billing, Payments and Refunds
3.3 Promotional Pricing 3.4 Automatic Renewal of Hosting Account 3.5 Automatic Renewal of Domain(s) 3.6 Notification of Automatic Renewals 3.7 VPS, Reseller and Dedicated Hosting Account Renewal 3.8 Cancellation of Automatic Renewal of Account or Domain 3.9 Chargebacks and Reversals 3.10 Taxes 4. CANCELLATION AND REFUND POLICY (MONEY BACK GUARANTEE) 5. TERMINATION & CANCELLATION3. BILLING, PAYMENT AND RENEWAL OF ACCOUNT AND DOMAIN
3.1 Term of Service
The term of Subscriber’s subscription to the Services commences upon Subscriber’s acceptance of these Terms and terminates as set forth.
3.2 Payment
Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber’s billing information, email and all other contact information. It is the Subscriber’s responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services. WebHostFace may use Merchant Updater Services to receive updated billing information from participating providers.
3.3 Promotional Pricing
WebHostFace may periodically offer “free” or discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and WebHostFace will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package.
3.4 Automatic Renewal of Hosting Account
As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber’s Hosting Account or Domain(s) WebHostFace will automatically renew Subscriber’s Hosting Account by charging the applicable fee for the non-promotional rate to Subscriber’s current method of payment on file. The initial term of this Agreement shall be as set forth in the Registration Form (the “Initial Term”). The Initial Term shall begin upon commencement of the Services to Subscriber, and after the Initial Term, this Agreement shall continue for successive periods (or renewal period) of equal length as the Initial Term or such other Term and price that shall be set forth in a notice to the customer at least thirty (30) days prior to the commencement of such successive period or renewal period. In the case of insufficient funds we will attempt to collect at a partial term quantity ( not changing your current term) to continue service as per contract. Additionally after the Initial Term, you acknowledge, agree and authorize us to automatically bill and/or charge on your credit card for successive or renewal periods, unless terminated or canceled by either party as provided in this section. WebHostFace shall provide notice of the upcoming charge to Subscriber no later than thirty (30) days prior to the payment date. The Initial Term and all successive renewal periods shall be referred to, collectively, as the “Term”. Subscriber acknowledges and confirms that if the Subscriber pays for a hosting plan which qualifies for a Free Domain that the Subscriber will be provided with a free domain registration and renewal. The free domain registration and renewal is only applicable as long as the Subscriber maintains a qualifying hosting plan and the free domain name remains primary for the hosting plan.
3.5 Automatic Renewal of Domain(s)
As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber’s domain, if registered with WebHostFace (or one of its Affiliates), or if transferred to and registered with WebHostFace (or one of its Affiliates), we will automatically renew Subscriber’s domain, by charging the applicable fee to Subscriber’s current method of payment on file. Subscriber acknowledges and confirms that the obligation to renew his/her/its Domain(s) is solely and exclusively the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of WebHostFace. Subscriber hereby releases WebHostFace from any and all liability for failure for any reason to renew said Hosting Account or said Domain(s). Subscriber acknowledges that there may be many reasons why WebHostFace is unable to renew said Hosting Account or Domain, including but not limited to inability of WebHostFace, for any reason, to bill said renewal to Subscriber’s method of payment on file, to contact or otherwise get response from Subscriber at the email address on file, or otherwise. Subscriber acknowledges that said Hosting Account and/or Domain, if not renewed, for whatever reason, will expire on the Hosting Account or Domain Expiration Date, as applicable. In the event that a Domain expires, WebHostFace will hold the expired Domain for up to thirty (30) days as a courtesy and not as an obligation (contractual or otherwise). Thirty (30) days after expiration, the Domain will be placed in Redemption. During the Redemption period the Domain will be inaccessible and unable to be registered elsewhere. In order to bring a Domain out of Redemption, Subscriber must pay a Redemption Fee, as well as a Renewal Fee for the current year. Free domain name registration/renewal cannot be applied toward the cost of Redemption. If the Domain is not redeemed within seventy-four (74) days of expiration, it will be set to Pending Delete status by the domain registry. After the Pending Delete status expires, the Domain will be released for registration. During the Pending Delete period, the Domain will be inaccessible and unrecoverable.
3.6 Notification of Automatic Renewals
Subscriber will be notified of pricing for EACH successive period (or renewal period) no later than thirty (30) days prior to the payment date of SUCH successive period (or renewal period) for all products and services with a successive or renewal period of twelve (12) months or greater. This notification will be sent to the contact email address on file for the Account.
3.7 VPS, Reseller and Dedicated Hosting Account Renewal
As a courtesy and not as an obligation (contractual or otherwise), WebHostFace will automatically renew Subscriber’s VPS, Reseller or Dedicated Hosting Account by charging the applicable fee for the non-promotional rate to Subscriber’s current method of payment on file. For VPS or Dedicated Hosting Accounts with a Term of three (3) months or greater, this renewal will occur fifteen (15) days prior to the expiration of Subscriber’s Hosting Account. For Hosting Accounts with a Term of one (1) month, this renewal will occur twenty-four (24) hours prior to the expiration of Subscriber’s Hosting Account. WebHostFace shall provide notice of the upcoming charge to Subscriber no later than thirty (30) days prior to the payment date. In the event that a VPS or Dedicated Hosting Account that has been set to manual renewal by Subscriber expires, the Account will be suspended three (3) days after expiration if no payment is received. If the Account has not been renewed after seven (7) days have elapsed following expiration, the Account will be terminated. Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment.
3.8 Cancellation of Automatic Renewal of Account or Domain
Subscriber agrees to notify WebHostFace of Subscriber’s intent to cancel automatic renewal at least sixteen (16) business days prior to the account or domain expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to WebHostFace, as applicable, by sending same via billing ticket from Client Area, phone (866) 389-6676, or online chat. This request must include verification of ownership of the hosting account and/or domain(s), as determined by WebHostFace.
3.9 Chargebacks and Reversals
In the event Subscriber issues a chargeback or reversal of charges without first following the below cancellation procedures, the Subscriber will be responsible for a USD $50.00 billing service fee. Hosting accounts that have an open dispute may be disabled for security purposes.
3.10 Taxes
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to WebHostFace’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
3.11 Price Change
The Customer should pay the applicable amount at the time of registration/renewal date. The Company has the right to change the prices periodically and The Customer will be charged on the new applicable taxes for the next billing cycle. Exceptions apply in case that a Customer or group of such have written arrangement with The Company’s Billing Department.
3.12 Authority
In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing WebHostFace Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, limited liability company, partnership, joint venture or other individuals in this manner and in connection with Subscriber’s acceptance of all other Terms set forth herein.
3.13 Currency
Unless stated otherwise $ refers to USD. All future amounts payable by you shall be charged in the same currency as your initial order. Exchange rate fluctuations for international payments are constant and unavoidable. All payments and refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the payment/refund. All payments/refunds are subject to this fluctuation and WebHostFace is not responsible for any change in exchange rates between the time of payment and the time of refund.
3.14 Failed Domain name renewals
If you do not re-register your domain name(s), WebHostFace may choose to register the domain name. At that time the title in, and ownership of, this domain name will vest in WebHostFace. WebHostFace may decide to sell this domain name without restriction as if the full legal and beneficial owner. Unpaid domain names may become the property of WebHostFace.
3.15 Promotions
WebHostFace often offers promotions, coupons and special offers to customers during their initial term. Special offers are limited-time promotional prices that are available to new customers and are valid for the Initial Term only, and not for successive or renewal periods.
Easter promo (double hosting space + free additional year) applies only to non-promotional shared hosting accounts. This promo does not apply to Exclusive offer for StackSocial, Lifetime Hosting or any other promotional offers. WebHostFace reserves the right to not apply the Easter promotion to other discounted or promotional accounts.
4. CANCELLATION AND REFUND POLICY (MONEY BACK GUARANTEE)
WebHostFace provides a 30-day money back guarantee for new shared hosting account registrations, the money back guarantee ensures peace of mind that our Services will meet the expectations set out in this agreement. Termination and Refund requests should be requested via billing ticket from Client Area, phone (866) 389-6676, or online chat, as described in paragraph 4.5, no later than 30 days from the Effective Date. Our money back guarantee is a subject to the following terms and conditions:
4.1 General Conditions
4.1.1 Set Up Fees are not refundable and may be due upon cancellation even if waived initially as part of a Special Promotion;
4.1.2 Our Refund Policy covers Shared Hosting plans only – these include Face Standard, Face Extra and Face Ultima hosting accounts only. Reseller Hosting, VPS or Dedicated Hosting services, Third Party Services or features incorporated into the Services are not covered by our Refund Policy;
4.1.3 The Refund Policy does not cover Renewal fees, administrative fees, and install fees for custom software;
4.2 Nonrefundable Fees
Fees paid by Subscriber in connection with the purchase of extra services – SSL certificates, Premium Support, Daily Backups, Search Engine Submission, SSH, SiteLock, Dedicated IP, website transfer, Design Service, Development Service, Account relocation, RVSiteBuilder, Private DNS, domain privacy ( ID protect ), domain names are nonrefundable under these Terms.
4.3 Cancellations Before 30 Days
In the event Subscriber cancels the Services prior to the expiration of thirty (30) calendar days, Subscriber will receive a refund of all fees paid in connection with the registration, with the exception of any Nonrefundable Fees set in Paragraph 4.1, subject to the following additional mandatory reductions:
4.3.1 Free Domain Names
If Subscriber registers any domain name as part of a “Free Domain Name” promotion in connection with the registration, Subscriber’s refund will be reduced by $14.95 per domain name. Subscriber will retain full ownership and control of any such domain names.
4.4 Cancellations After 30 Days
Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal, in such event no refunds will be issued.
4.5 Notice of Cancellation
Subscriber agrees to direct all cancellation requests to WebHostFace by sending same via billing ticket from Client Area, phone (866) 389-6676, or online chat. The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by WebHostFace. By submitting a cancellation request Subscriber confirms to WebHostFace that all emails, files, and databases are preserved and backed up somewhere other than WebHostFace server space. You confirm and you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed. Cancellations for dedicated and VPS accounts will be effective immediately.
4.6 Refund Eligibility
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
4.7 Domain renewals
Domain names are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify WebHostFace’s Billing department via billing ticket from Client Area, phone (866) 389-6676, or online chat to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
4.8 WebHostFace Piggy Bank
We may return part of a pre-paid amount as credits added to your WebHostFace Piggy Bank in your Client Area. Piggy Bank amounts may only be used for future purchases and/or renewals of WebHostFace services. Unless otherwise specified, Wallet amounts will expire if unused for more than 12 months. Different expiration terms and purchase limitations may apply to some wallet returns. Wallet amounts cannot be refunded.
4.9 Managed WordPress hosting packages refund policy
WP-ARTIST and WP-MASTER managed WordPress hosting pakcages come with a free domain and personal WP assistant work included.
On WP-ARTIST the development guidance work included per month is 1 hour (one hour).
On WP-MASTER the development guidance work included per month is 2.5 hours (two and a half hours).
If the customer used the allocated monthly hours on the WP-ARTIST package and wants to cancel within the first 30 days, the company will charge a cancellation fee of $14.95.
If the customer used the allocated monthly hours on the WP-MASTER package and wants to cancel within the first 30 days, the company will charge a cancellation fee of $24.95
If the customer wants to cancel within the first 30 days after sign up and the customer did not use the personal WP assistant work but registered a domain name upon sign up, the company will refund everything that the customer paid without the domain registration fee of $14.95
If the customer wants to cancel within the first 30 days after sign up and the customer did not use the personal WP assistant work and did not register a domain name upon sign up (the customer used his own domain name that is already registered), the company will refund everything that the customer paid
5. TERMINATION & CANCELLATION
5.1 Termination by Either Party
This agreement may be terminated: (i) by You by following our Notice of cancellation procedure as described above in section 4.5; or (ii) by webhostface.com at any time, without prior notice, if, in webhostface.com’s judgment, You are in violation of any terms or conditions herein; or (iii) in webhostface.com’s sole judgment, Your use of the Services places or is likely to place unreasonable demands upon webhostface.com or could disrupt webhostface.com’s business operations; or (iv) by webhostface.com if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and webhostface.com.
5.1.1 In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that webhostface.com may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of webhostface.com.
5.1.2 You acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to: (i) the UDRP; (ii) any ICANN adopted policy; (iii) any registrar (including WebHostFace) or registry administrator procedures; or (iv) any other ccTLD registry administrator procedures.
5.1.3 Upon termination of the Service, WebHostFace shall be entitled immediately to block your hosting account and Space and to remove all data located on it. WebHostFace will hold such data for Shared Hosting accounts for a period of 7 days and may ask for a fee to allow you to collect it, failing which WebHostFace shall be entitled to delete all such data. WebHostFace shall further be entitled to post a notice stating that your account has been suspended. WebHostFace will delete data for Dedicated and VPS Hosting Services automatically upon account suspension. IP space and Back Up tapes are recycled. It is your obligation to ensure that you arrange to transfer anything you need from the Services prior to cancellation. We have no obligation to forward e-mail following Termination.
5.1.4 In the event of termination of this Agreement caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs webhostface.com incurs in closing your account. You agree to pay any and all costs incurred by webhostface.com in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, webhostface.com may delete all information related to you on the Services.
Privacy Copyright
7. DISCLAIMER OF WARRANTY 8. LIMITATION OF LIABILITY 9. INDEMNIFICATION 10. NOTICES AND COPYRIGHT CLAIMS (Copyrights Violation and DMCA) 11. GOVERNING LAW 12. ARBITRATION 13. MISCELLANEOUS6. INTELLECTUAL PROPERTY RIGHT
6.1 These Terms do not give Subscriber any rights in WebHostFace intellectual property or technology. WebHostFace and related trademarks and logos are the exclusive property of WebHostFace. All trademarks, product names and company names or logos used by WebHostFace are WebHostFace property or the property of their respective owners. WebHostFace and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar WebHostFace from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
6.2 If we have not provided a license for you to use software as part of the Services, you agree to procure appropriate licenses to use all “Required Licenses.” “Required Licenses” means any licenses, consents or approvals required to use software, hardware and other items installed on the Equipment, or whose use is facilitated by the Service. You agree to provide us with copies of the Required Licenses promptly following our written request.
6.3 You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks or other materials which are used by you in, or transmitted via, the Services (Objects). On becoming aware of any dispute between you and any other individual or organization regarding the Objects, WebHostFace reserves the right, at its sole discretion and without notice or liability to you, to cease any further use of such Objects including, without limitation, deleting or suspending them from its computer systems and/or to make appropriate representations or provide information to any relevant authority or interested party.
7. DISCLAIMER OF WARRANTY
7.1 YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. WEBHOSTFACE HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY WEBHOSTFACE OR WEBHOSTFACE’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. WEBHOSTFACE DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. WEBHOSTFACE DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. WEBHOSTFACE DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR WEBHOSTFACE IN PARTICULAR.
7.2 You represent and warrant that (i) you have the experience and knowledge necessary to use the Services; (ii) you and your End Users understand and appreciate the risks inherent to you, your business and your person that come from accessing the Internet; (iii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Services necessary to take advantage of the Services; (iv) you will not violate any applicable laws and/or regulations in your use of the Services; (v) you own all intellectual property rights in, or have a license to use, any information you provide to us necessary for us to perform the Services, or to any information transmitted by us through the Services; (vi) you will make back-up copies of all information in a location independent of ours, and will not use our Back Up Services as your sole back up; and (vi) you will pass through the terms of this TOS, and any agreements incorporated by reference, to your End Users.
8. LIMITATION OF LIABILITY
8.1 IN NO EVENT WILL WEBHOSTFACE ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF WEBHOSTFACE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WEBHOSTFACE’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WEBHOSTFACE FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
9. INDEMNIFICATION
9.1 You agree to indemnify, defend and hold harmless WebHostFace, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees and court costs) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
10. NOTICES AND COPYRIGHT CLAIMS (Copyrights Violation and DMCA)
10.1 NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the WebHostFace.com LLC (“WebHostFace”) system or Web site should be sent ONLY to our Designated Agent.
NOTE: The Following Information is provided solely for notifying WebHostFace that your copyrighted material may have been infringed.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
10.2 Written notification must be submitted to the following Designated Agent:
WebHostFace
ATTN: Legal Department
19 C Trolley Square,
Wilmington, Delaware, 19806
USA
Tel: 866-389-6676
IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR FAX (FAX # 866-389-6676). DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.
10.3 Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include ALL of the following:
Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page with description of items on that page claimed to be infringing).
Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
Statement that the complaining party has “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
10.4 Upon receipt of notification of a claimed infringement, WebHostFace will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, regardless of whether the material or activity is ultimately determined to be infringing; if selective action is not possible, WebHostFace will terminate the alleged infringer’s Internet access.
WebHostFace 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 (see Sections 512(c)(1)(C) and (g) of the DMCA).
10.5 Upon receipt of notice from WebHostFace that a claim of infringement has been made and/or that the material has been removed or that access to it has been disabled, the Subscriber may provide a Counter Notification.
To be effective, a Counter Notification must meet ALL of the following requirements:
It must be a written communication;
It must be sent to the Service Provider’s Designated Agent;
It must include the following:
A physical or electronic signature of the Subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement, under penalty of perjury, that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber’s address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification from the Subscriber containing the information as outlined above, WebHostFace will:
Promptly provide the Complaining Party with a copy of the Counter Notification Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days following receipt of the Counter Notice;
Replace the removed material or cease disabling access to the material in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notice, provided Service Provider’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider’s network or system.
10.6 CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
10.7 Any notice to be given by either party to the other may be sent by either email, support ticket, fax or recorded delivery to the address of the other party as appearing in this TOS or such other address as such party may from time to time have communicated to the other in writing. In addition, we may communicate with you using the Face Help ticketing system facilitated by our Client Area. Notices of support tickets opened on behalf of the company are sent to you by email and shall be deemed received upon confirmation of receipt.
10.8 You are required to provide notices to us about the Services through the Client Area. We will provide notices to you using the information you provide to us in the “Account Information” section of the User Area. We have no responsibility for misdirected notices based on your failure to provide correct information.
10.9. Termination notices must be provided to us as set out in paragraph 5.
10.10 Legal Notices to us, are effective only upon acknowledged receipt, shall be provided to us as follows:
WebHostFace.com LLC
19 C Trolley Square,
19806, Wilmington, Delaware, USA
Tel: 866-389-6676
E-mail: abuse@webhostface.com
11. GOVERNING LAW
11.1 Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Delaware. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
12. ARBITRATION
By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by WebHostFace and will be held at the AAA location chosen by WebHostFace in Delaware. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, WebHostFace will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and WebHostFace alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against WebHostFace in violation of this paragraph, you agree to pay WebHostFace’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.
13. MISCELLANEOUS
13.1 Backups
For its own operational efficiencies and purposes, WebHostFace from time to time backs up data on its servers using R1soft infrastructure and internal WebHostFace solutions, but is under no obligation or duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER’S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER’S FILES AND DATA ON WebHostFace SERVERS, AND under no circumstance will WebHostFace be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any WebHostFace server. We will not attempt to back up accounts that exceed 300,000 files or 30 Gigs of space for any reason. Although we make reasonable effort to make daily backup of our Face Standard, Face Extra, Face Ultima, Reseller Standard and Reseller Extra, backup creation might fail due to various unforeseen hardware and software failures, for which WebHostFace bears no responsibility. The Company reserves the right to exclude certain file formats from the backup procedure, in case they are considered inappropriate, including, but not limited to high definition digital media formats, archive formats, cache formats, databases exceeding 500MB in raw size. The Company cannot be held liable for any damages caused by loss of data, the reasons for which include but are not limited to Internet connectivity problems, electricity outage, hardware failure, software failure, human mistake and force major events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment, etc. In these and all other cases the Customer will be solely responsible for making and storing his/her own backup copies of the data, associated with the Customer’s hosting account as well as restoring any missing data and information. The Company shall not be liable for the time period needed for the Customer to restore the backup information to his hosting account and shall have no obligation to notify the Customer in the event that the Customer’s account content needs to be restored.
13.2 Duty to Notify WebHostFace of Breach
If Subscriber discovers anyone on the WebHostFace system violating any of these Terms or notices anything suspicious from the WebHostFace network or a security vulnerability in our services, Subscriber agrees to report the violation or suspicious activity to abuse@webhostface.com for investigation. WebHostFace reserves the right to and will immediately terminate any account which WebHostFace concludes to be in violation of any of these Terms.
13.3 Reservation of Rights
WebHostFace reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber’s hosting term with WebHostFace.
13.4 Severability
These Terms are binding upon WebHostFace, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.
13.5 Availability, errors and inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We strive to resolve any inaccuracy as fast as possible and to work with the Customer to resolve any issues that might arise guided by the best interest of the Customer, still we cannot be held legally responsible for any technical or non technical problems that may occur as a result of such inaccuracies.
13.6 Disclaimer
WebHostFace.com LLC 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 WebHostFace.com LLC are resold. Thus, certain equipment, routing, software and programming used by WebHostFace.com LLC are not directly owned or written by WebHostFace.com LLC. Moreover, WebHostFace.com LLC 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 WebHostFace.com LLC sees fit.
14. SERVICE LEVEL AGREEMENT (SLA)
15. DOMAIN NAME REGISTRATION 16. TECHNICAL SUPPORT 17. EXTRA SERVICES 18. FAIR USAGE POLICIES AND DEFINITIONS 19. ACCOUNT OWNERSHIP 20. RESELLER AGREEMENT 21. WEBHOSTFACE REFERRAL DEAL 22. AFFILIATE TERMS 23. LIFETIME SUBSCRIPTION PLANS 24. MANAGED WORDPRESS HOSTING PLANS 25. HIPAA DISCLAIMER14.SERVICE LEVEL AGREEMENT (SLA)
14.1 WebHostFace will use commercially reasonable efforts to make our services available with 99.9% network uptime of the time during each monthly billing cycle. If WebHostFace is unable to meet this service level, you will be eligible to receive a credit to apply to future service billing cycles based upon the Unavailability for that month.
14.2 For the purposes of this agreement, Unavailability means that either (a) the hosting service is unresponsive, or (b) hosting service returns a server error response to valid user requests for more than 60 seconds of consecutive requests.
14.3 Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least three ( 3 ) days in advance, and does not exceed three hours in any month.
14.4 Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.Service credits must be claimed within three ( 3 ) days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.
14.5 Force Majeure such as Internet connectivity problems, electricity outage, hardware failure, software failure and force major events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, hackers’ and other attacks, and other, and Third Party Services are excluded. Our calculation of network availability is based on our internal records and in-house monitoring system.
15. DOMAIN NAME REGISTRATION
15.1 Free Domain name registrations
We may offer you a free domain name registration during your Initial Term and any Renewal Term (Free Domain Name) as part of some of the hosting services and special promotions we provide. Upon sign up if the chosen plan is eligible for free domain name registration any of the top level domain names can be registered (if available ) for free and the customer gains ownership over it right after its registration. The free domain name can only be registered upon sign up, at the time of the initial account set up. That free domain name must be primary domain name for the account and remain as primary in order to be renewed for free with the account in future. The customer becomes its only owner and will be able to fully control it. The Company will provide The Customer with free domain name registration if its choice falls into one of the following domain name authorities (extensions) .com; .net; .org; .us; .biz; .info, .in,.nl,.es,.eu. The domain name will be registered for free for the same period of time the account is registered for. WebHostFace.com LLC will initially register the domain names for one year only and the domain name will be automatically renewed for the registration period prior its expiration for the period the account is registered for.
15.2 Regular Domain name registrations
All domain names that do not meet the conditions for free registration and renewal are subject to the corresponding fees.
In accordance with the Global Domain name registrar ICANN policies a domain name registrant is required to provide accurate and complete information for the domain name registration – name and postal address, the domain name that will be registered , email address, telephone number, fax number ( if available ), billing contact information – name, postal address, email address, phone number, fax number ( if available ).
www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm
The Registrant agrees to update, provide and maintain current, complete and accurate information of the Whois Record and all the data elements about the Order in the Order Box Database during the term of the Order. The Registrant acknowledges that the authentication information for complete control and management of the Order will be accessible to the Customer, Registry Operator, Service Providers and Resellers. Any modification to the Order by the Resellers and Customer will be treated as if it is authorized by the Registrant directly. WebHostFace.com LLC is not responsible for any modification to the Order by the Resellers, Customer or Service Providers. The Registrant must comply with all applicable terms and conditions and standards, policies, laid down by ICANN and the Registry Operator.
WebHostFace.com LLC will not be held liable, nor refund a domain name registration due to spelling mistakes.
If Subscriber is registering a new domain name with WebHostFace.com LLC, or using or transferring a previously registered domain name in conjunction with Subscriber’s use of our Services, acknowledge and agree that Subscriber’s use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”) and the Domain Registration Agreement.
15.3 Disclosure and use of registration information
You agree and acknowledge that WebHostFace will make available domain name registration information you provide, or that WebHostFace otherwise maintains, to ICANN, to the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit.
ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that WebHostFace may or must make available to the public or to private entities and the manner in which such information is made available. You agree to abide by these policies and may not terminate this TOS based on such a change.
You hereby consent to each of the disclosures set out in this TOS. You further consent to the use of the information you provide to us; and guidelines, limits and restrictions on disclosure of, information provided by you in connection with the registration of a domain name (including any updates to such information). This applies whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by WebHostFace.
15.4 Domain Registrar Transfers:
You agree that you can change your registrar for an existing domain name only in accordance with the policy of the relevant registry. Only the “Domain Name Owner” (the entity listed as the registrant in the current domain name registration) of the domain name registration may initiate a request to transfer that domain name registration from another registrar to WebHostFace. You hereby represent that you have the full and complete authority as the holder of the domain name registration to initiate such a transfer, or that you have been given full and complete authority by the Domain Name Owner of the domain name registration to initiate such a transfer. WebHostFace, at its sole discretion, may require you to provide documentation that proves that the Domain Name Owner of the domain name initiated this transfer request.
The request to transfer a domain name registration from another registrar to WebHostFace may be denied where applicable for any of the following:
(a) time past after initial registration, after most recent transfer and after renewal of the domain name does not meet Registries’ requirements;
(b) during the last 15 days prior to expiration of the domain;
(c) you have provided wrong or no EPP code or the special TAG attribute is not correctly set;
(d) you do not have access to the administrative email address for the domain;
(e) the domain name is in LOCKED status;
(f) the domain is not with an extension that WebHostFace can register;
(g) if there is a pending bankruptcy of the domain name holder;
(h) there is a dispute over the identity of the domain name holder;
(i) at the discretion of the then-current registrar;
(j) by operation of law;
(k) in accordance with circumstances described in the Domain Name Dispute Policy;
(l) enabled domain name privacy ( ID Protect )
It is the responsibility of the Domain Name Owner to ensure that the request to transfer will not be denied for any of the above reasons prior to initiating and paying for the registrar transfer services.
15.5 Upon successful completion of the registrar transfer request, we shall immediately become the registrar of record. As per the terms of the respective Registry, your domain name registration term may be extended with up to 2 years either from the date your existing registration is set to expire or from the date the transfer is completed, provided that the total unexpired term of a registration does not exceed ten years.
WebHostFace.com LLC will charge The Customer an appropriate fee for the domain transfer, depending on the specific domain name extension. Fees are not refundable, but can be applied to subsequent transfer requests at WebHostFace’s sole discretion or applied as a credit to Piggy Bank.
The Customer agrees that WebHostFace.com LLC will not be responsible for any false or misleading information he provides, whether intentionally or unintentionally. WebHostFace.com LLC cannot be held responsible if a domain transfer is not successful.
15.6 External Domain Names
The Customer is allowed to sign up for an account with a domain name registered elsewhere. The Customer acknowledges that by doing so, WebHostFace.com LLC cannot be held liable for any faults, misfortunes and other issues caused by inoperability of the third party registered the domain name for The Customer.
WebHostFace.com LLC will provide The Customer the DNS records, in terms of addresses and zones, which can be used for pointing a domain name registered elsewhere towards the hosting server and he can use it with the WebHostFace.com LLC account.
15.7 Domain name privacy ( ID Protect )
If set out in your Order, we will provide private domain name registration services to you (ID Protect). If we provide ID Protect to you, you agree:
15.7.1 That this Service is provided on a reasonable efforts basis. We are not responsible if your identity is mistakenly disclosed;
15.7.2 That you warrant that you have purchased this Service for a legitimate use, and not to evade any legal, tld, ICANN or other requirement imposed by law, or an Internet authority;
15.7.3 That you will provide us with accurate information, and that you will ensure that this information is updated immediately when it changes;
15.7.4 That you will indemnify and hold us harmless based on any claims made against us based on providing ID Protect to you;
15.7.5 That you will immediately respond to all notices we provide to you that are forwarded to us as a result of providing the ID Protect service to you; and
15.7.6 That we may terminate all Services provided to you should we determine, in our reasonable discretion, that you are abusing the ID Protect service, or you do not immediately respond to our inquiries or the notices we forward to you.
16. TECHNICAL SUPPORT
16.1 Our company webhostface.com provides Technical Support to You at no additional fee for hosting related issues only. webhostface.com has the right to decide what is a hosting related issue and to charge additional fees or refuse support for non-hosting related issues. Any fees paid by You for providing non-hosting related support are non-refundable.
6.2 You can request technical support only by opening a ticket trough the Face Help ticketing system located in the Client Area. webhostface.com will have no liability to provide technical support if it is requested in any other way apart from the Face Help ticketing system. You are solely responsible to use the appropriate Face Help category when posting a ticket. webhostface.com will have no liability to respond to tickets opened in inappropriate categories. You acknowledge that by asking our technical representatives for technical assistance, You authorize their intervention and operation in Your hosting account. If you request technical support, you agree that we may have full access to your equipment, account, and any and all items accessible to us based on your request. You must provide webhostface.com with all information and access to facilities that webhostface.com may reasonably require to provide the requested Technical Support.
16.3 You are solely liable for performing and storing a back-up copy of your data, files and hosting account prior to requesting technical support and agreeing to any technical interference or operation, provided by us. In the event You are not satisfied with the outcome of any technical action You shall be solely responsible for restoring the back-up copies of Your hosting account and uploading Your website from your own back-up. You should not abuse the Face Help ticketing system. Abuse of the Face Help ticketing system includes, but is not limited to, excessive number of tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for posting a ticket, etc. Any abuse of the Face Help ticketing system may result in warning, Face Help ticketing access restrictions, hosting account suspension or possible hosting account termination with no refund. webhostface.com has the sole right to decide what constitutes abuse of the HelpDesk system.
17. EXTRA SERVICES
17.1 RV SiteBuilder
The Company will provide The Customer with a third party tool, integrated in the cPanel software, which will allow The Customer to build his own website. The Customer acknowledges that this tool is provided as an act of good faith and is not a professional service provided by The Company. The Customer acknowledges that this tool is a third party software and The Company cannot take any responsibility for any misfortunes, faults or issues caused by its functionality, licensing or accessibility.
17. 2 Dedicated IP
The Company will provide The Customer with the ability to purchase a dedicated IP address for the purpose of web hosting and outgoing email services.
The Customer acknowledges that the allocation of the dedicated IP address may take up to 24 hours after ordering the service. The Company reserves the right to decline dedicated IP address request at its sole discretion, where inappropriate usage of the service, for unlawful acts, is suspected.
The Company will charge the service on an annual basis and requires that an initial yearly fee as per the pricing described in the Client Area.
17.3 SSL Certificates
The Company will provide The Customer with the ability to purchase a variety of SSL certificates issued through a third party vendor, hereby referred to as “SSL authority”.
The Company reserves the right to choose at its sole discretion which is the most appropriate SSL authority for The Customer and to issue its SSL certificate through.
The SSL certificates can vary by type of encryption, protection type and price, which will be additionally described before The Customer purchase the SSL certificate from The Company’s Client Area.
The Company will issue a SSL certificate for The Customer upon receiving an order and initial payment, which if not additionally arranged, covers the first year of the service.
The issued SSL certificate will be valid only within the IP address ranges assigned to The Company by ARIN, which is an additional security measure, which The Customer acknowledges and accepts further. The issued SSL certificate will be valid for one domain name only, unless explicitly stated in the product purchase page in The Company’s Client area.
The Customer is responsible to provide The Company with correct information, where requested for issuing the SSL certificate and acknowledges that once an SSL is issued, it cannot be reissued and The Customer will need to purchase a new certificate.
The Customer acknowledges that the process of issuing SSL certificate requires that access to webmaster and/or ssladmin mailbox for the requested domain name is required. If the domain name of The Customer is using The Company’s mail services, the technical support team of The Company will be taking care of arranging this type of access, however, in cases that The Customer is not using the mail services provided by The Company, it is his sole responsibility to provide the technical support team with such an access.
17.4 WEBSITE TRANSFER
17.4.1 WebHostFace.com LLC offers free website transfer for any website that is up to 1.5 GB . The transfer is performed by our support team . Additional fees apply for the transfer of accounts which exceed this quota.
Please note that the customer is responsible for providing all the details that our support team will need in order to perform the transfer. WebHostFace.com LLC is not responsible when a transfer cannot be performed due to missing information or if the data is saved in an incompatible or proprietary format.
17.4.2 The Company will make best effort to transfer The Customers website to its servers, still, this is provided for The Customer’s convenience only, as a courtesy service and The Company cannot make any guarantees concerning the time, availability or possibility for the account to be transferred to its servers. Every hosting company is organized differently, thus there is a possibility that The Customer’s former hosting company saves data in an incompatible format. In result, some or all of The Customer’s data might be impossible to be transferred.
17.4.3 Face Standard hosting package is entitled to a single website or application transfer as a part of the free website transfer promotion. Face Extra is entitled to a three ( 3 ) website or application transfers, Face Ultima is entitled to a five ( 5 ) website or application transfers. In case more than the included free website transfers of websites or applications are requested to be manually transferred to a single shared hosting account additional fees might be applied upon customer request for extra files or database transfers.
17.4.4 Domain transfer is not provided as part of the website transfer service.
18. FAIR USAGE POLICIES AND DEFINITIONS
18.1 What “Unlimited” means
WebHostFace does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, WebHostFace makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber’s use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
18.2 What “Unlimited” DOES NOT mean
WebHostFace employs complex mechanisms to protect its Subscribers and systems from abuse. WebHostFace’s offering of “unlimited” services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers. WebHostFace’s service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. WebHostFace’s service is designed to meet the typical needs of small business and home business website Subscribers. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server. WebHostFace will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, WebHostFace does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until WebHostFace can evaluate said sites resource needs.
Unlimited does not apply to the storage space. It is set to 15 GB for Face Standard, 20 GB for Face Extra and 30 GB for Face Ultima.
18.3 Unmetered File Transfer
WebHostFace does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does WebHostFace charge additional fees based on increased use of bandwidth, as long as the Subscriber’s use of the Services complies with these Terms. In most cases, a Subscriber’s web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, WebHostFace reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
18.4 Unlimited Domain Hosting
WebHostFace does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber’s web hosting account using Face Extra and Face Ultima. The Face Standard plan does not include addon domain names and unlimited domain hosting ability. The Subscriber can add unlimited parked domain names, email accounts, subdomains with each hosting plan.
18.5 Fair Usage
Fair Usage for Shared hosting accounts refers to the amount of resources each Shared hosting account can utilize. The terms for the Fair Share usage for each Shared hosting package offered by WebHostFace.com LLC can be found below:
18.6 Face Standard
18.6.1 An account using the Face Standard hosting plan can utilize up to 15 GB of disk space.
18.6.2 At any given moment the maximum Inode usage should not exceed 150 000 Inodes.
18.6.3 The CPU time utilization of all Face Standard hosting accounts should not exceed 80% of the server resources at any given time.
18.6.4 Any Face Standard Shared hosting account can have up to 15 simultaneously running processes.
18.6.5 At any given time there should be no more than 15 incoming connections to a Face Standard Shared hosting account.
18.6.6 There should be no databases exceeding the size of 500 MB on any Face Standard Shared hosting account. A database table can be of up 250 MB in size.
18.6.7 Database queries should not execute for more than 2 seconds and they should not utilize more than 60% of the server CPU resource.
18.6.8 WebHostFace.com LLC offers an incremental full account backup, created on daily basis of all Shared hosting accounts. The backups are kept for a period of up to 30 days back but they are not guaranteed. Any archive or media file types are excluded from the full account backups.
18.6.9 The maximum number of emails sent from a Face Standard Shared hosting account should not exceed 400 per hour. No email sent from such account can have more than 30 recipients.
18.6.10 The size of a mailbox hosted on a Face Standard should not exceed 500 MB disk space.
18.6.11 No Shared hosting account can host malicious content. If such content is found we reserve the right to take actions towards protecting the server and the rest of the Shared hosting accounts located on that server.
18.6.12 Sending phishing/scam emails is forbidden and it can lead to the suspension of the Shared hosting account.
18.6.13 Sending unsolicited emails is not allowed. In case such emails are found to be generated, the email services for the respective Shared hosting account would be limited.
18.6.14 The email service handles file attachments of size up to 40 MB.
18.6.15 The hosting of illegal Copyrighted materials is forbidden and it can lead to account termination.
18.6.16 Hosting any materials against our Terms Of Service can lead to immediate account termination.
18.6.17.The loading time of any web page hosted on a Shared server cannot exceed 30 seconds.
18.6.18 At any given time any Shared hosting account can have up to 20 simultaneous outgoing connections.
18.6.19 The web server handles files of up to 1 GB size. In the event of downloading/uploading larger files, the usage of FTP is recommended as alternative method.
18.6.20 Shared hosting accounts can have unlimited number of Cron Jobs. The execution time of any Cron Job should not exceed 60 seconds, and it should not get triggered more often than once every 15 minutes.
18.6.21 The SSH service offered for Shared hosting accounts can use only Key authentication. The number of SSH authentication keys each account can have is unlimited. Password authentication for the SSH service on our Shared servers is not allowed.
18.7 Face Extra
18.7.1 An account using the Face Extra hosting plan can utilize up to 20 GB of disk space.
18.7.2 At any given moment the maximum Inode usage should not exceed 300 000 Inodes.
18.7.3 The CPU time utilization of all Face Extra hosting accounts should not exceed 80% of the server resources at any given time.
18.7.4 Any Face Extra Shared hosting account can have up to 20 simultaneously running processes.
18.7.5 At any given time there should be no more than 20 incoming connections to a Face Extra Shared hosting account.
18.7.6 There should be no databases exceeding the size of 750 MB on any Face Extra Shared hosting account. A database table can be of up 350 MB in size.
18.7.7 Database queries should not execute for more than 2 seconds and they should not utilize more than 60% of the server CPU resource.
18.7.8 WebHostFace.com LLC offers an incremental full account backup, created on daily basis of all Shared hosting accounts. The backups are kept for a period of up to 30 days back but they are not guaranteed. Any archive or media file types are excluded from the full account backups.
18.7.9 The maximum number of emails sent from a Face Extra Shared hosting account should not exceed 500 per hour. No email sent from such account can have more than 30 recipients.
18.7.10 The size of a mailbox hosted on a Face Extra should not exceed 1024 MB disk space.
18.7.11 No Shared hosting account can host malicious content. If such content is found we reserve the right to take actions towards protecting the server and the rest of the Shared hosting accounts located on that server.
18.7.12 Sending phishing/scam emails is forbidden and it can lead to the suspension of the Shared hosting account.
18.7.13. Sending unsolicited emails is not allowed. In case such emails are found to be generated, the email services for the respective Shared hosting account would be limited.
18.7.14. The email service handles file attachments of size up to 40 MB.
18.7.15. The hosting of illegal Copyrighted materials is forbidden and it can lead to account termination.
18.7.16. Hosting any materials against our Terms Of Service can lead to immediate account termination.
18.7.17. The loading time of any web page hosted on a Shared server cannot exceed 30 seconds.
18.7.18. At any given time any Shared hosting account can have up to 20 simultaneous outgoing connections.
18.7.19 The web server handles files of up to 1 GB size. In the event of downloading/uploading larger files, the usage of FTP is recommended as alternative method.
18.7.20 Shared hosting accounts can have unlimited number of Cron Jobs. The execution time of any Cron Job should not exceed 60 seconds, and it should not get triggered more often than once every 15 minutes.
18.7.21 The SSH service offered for Shared hosting accounts can use only Key authentication. The number of SSH authentication keys each account can have is unlimited. Password authentication for the SSH service on our Shared servers is not allowed.
18.8 Face Ultima
18.8.1 An account using the Face Ultima hosting plan can utilize up to 30 GB of disk space.
18.8.2 At any given moment the maximum Inode usage should not exceed 450 000 Inodes.
18.8.3 The CPU time utilization of all Face Ultima hosting accounts should not exceed 100% of the server resources at any given time.
18.8.4 Any Face Ultima Shared hosting account can have up to 30 simultaneously running processes.
18.8.5 At any given time there should be no more than 30 incoming connections to a Face Ultima Shared hosting account.
18.8.6 There should be no databases exceeding the size of 1024 MB on any Face Ultima Shared hosting account. A database table can be of up 512 MB in size.
18.8.7 Database queries should not execute for more than 2 seconds and they should not utilize more than 60% of the server CPU resource.
18.8.8 WebHostFace.com LLC offers an incremental full account backup, created on daily basis of all Shared hosting accounts. The backups are kept for a period of up to 30 days back but they are not guaranteed. Any archive or media file types are excluded from the full account backups.
18.8.9 The maximum number of emails sent from a Face Ultima Shared hosting account should not exceed 750 per hour. No email sent from such account can have more than 30 recipients.
18.8.10 The size of a mailbox hosted on a Face Ultima should not exceed 1.5 GB disk space.
18.8.11 No Shared hosting account can host malicious content. If such content is found we reserve the right to take actions towards protecting the server and the rest of the Shared hosting accounts located on that server.
18.8.12 Sending phishing/scam emails is forbidden and it can lead to the suspension of the Shared hosting account.
18.8.13 Sending unsolicited emails is not allowed. In case such emails are found to be generated, the email services for the respective Shared hosting account would be limited.
18.8.14 The email service handles file attachments of size up to 40 MB.
18.8.15 The hosting of illegal Copyrighted materials is forbidden and it can lead to account termination.
18.8.16 Hosting any materials against our Terms Of Service can lead to immediate account termination.
18.8.17 The loading time of any web page hosted on a Shared server cannot exceed 30 seconds.
18.8.18 At any given time any Shared hosting account can have up to 20 simultaneous outgoing connections.
18.8.19 The web server handles files of up to 1 GB size. In the event of downloading/uploading larger files, the usage of FTP is recommended as alternative method.
18.8.20 Shared hosting accounts can have unlimited number of Cron Jobs. The execution time of any Cron Job should not exceed 60 seconds, and it should not get triggered more often than once every 15 minutes.
18.8.21 The SSH service offered for Shared hosting accounts can use only Key authentication. The number of SSH authentication keys each account can have is unlimited. Password authentication for the SSH service on our Shared servers is not allowed.
18.9 In the event of a Denial Of Service attack against certain website hosted on a Shared hosting server, we reserve the right to take any necessary precautions to protect the server and the rest of the Shared hosting accounts located on that server.
18.10 VPS HOSTING/DEDICATED SERVER
18.10.1 WebHostFace.com LLC will provide all the tools needed for server management like: SSH access, WHM access, service start and stop access. The machines are set within 2 (two) business days. The Customer’s server will be administered by our support team, who will make sure that sustainable and operational environment is provided.
18.10.2 In case that The Customer decides to take over the system administration tasks from WebHostFace.com LLC , he acknowledges that all warranties given by WebHostFace.com LLC ‘s managed hosting service and all agreements mentioned herein or in the process before purchasing the server are declared void. In such case, The Customer will still be provided technical support but he acknowledges that WebHostFace.com LLC cannot be aware of the changes he made, which may result in complications and prevent WebHostFace.com LLC’s technical support team adequate help. In occasion that The Subscriber possesses root access to the server, WebHostFace.com LLC cannot be liable for any misconfiguration and other complications that might arise on software and operation system level. WebHostFace.com LLC will still remain responsible for hardware operation and maintenance, as well as for core network connectivity, where it comes to hardware. WebHostFace.com LLC cannot be held liable for any network, topological or routing malfunctions caused by improper usage of The Customer’s root access.
18.10.3 We do incremental backups on a weekly bases on our Managed VPS Services. Backups are not included for Unmanaged VPS and Dedicated Servers. IT IS SOLELY SUBSCRIBER’S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER’S FILES AND DATA ON WebHostFace SERVERS ( Unmanaged VPS and Dedicated Servers ), AND under no circumstance will WebHostFace be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any WebHostFace server.
19. ACCOUNT OWNERSHIP
19.1 Your contact information is set out in the ‘My Account’ section in the Client Area.
19.2 If you, on behalf of another person or entity, create an account, you warrant that you will administer the account in good faith, and indemnify us against all losses and liabilities sustained by us should you administer the account in ways that are adverse to End User and result in any claim against us.
19.3 For avoidance of doubt, the individual or entity set out in the Account Owner Information ‘My Account’ section of the User Area is considered by us to be the owner of the account and all associated services, except Third party services purchased through WebHostFace, that are subject to additional terms and conditions. If you are the “Account Owner” and are administering the account on behalf of a third party, you agree to administer this account in their best interests and indemnify us, pursuant to paragraph 10, should an individual or entity claim that they own the account, or content, or that your administration has not, or is not, in their interest. Domain names are owned as set out in applicable ICANN rules. If you purchase a domain name on behalf of a third party, and a dispute arises regarding your administration of that domain name, you agree to pay all registration fees during the time the dispute is pending. The individual or entity paying for the Services is not considered to be the owner. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account will be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.
20. RESELLER AGREEMENT
In addition to all terms and conditions described in this Agreement, the following shall also be applicable to Resellers, including VPS and Dedicated Hosting Customers utilizing their Account to provide Reseller services.
20.1 The Reseller agrees, on behalf of both the Reseller and each user signed up by the Reseller, to comply with these Terms of Service.
20.2 In the event that a Reseller or a Reseller’s user is determined to be in violation of the Terms of Service, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with the Terms of Service.
20.3 WebHostFace is not responsible for the actions or misrepresentations of Resellers. The Reseller hereby agrees to indemnify WebHostFace from and against any and all claims made by any user that result from the Reseller’s misrepresentation, breach of the Terms of Service or other improper actions by the Reseller.
20.4 WebHostFace reserves the right to revise its Reseller Programs, Terms of Service at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth in any required notice provided by us in connection therewith.
20.5 Users who have been signed up by Resellers agree to operate their Web sites in accordance with the Terms of Service.
20.6 Resellers cannot make any modifications to the Terms of Service. Any such alterations shall be deemed a violation of the Terms of Service and could result in a cancellation of a Reseller’s account(s). WebHostFace is not responsible for any modifications made to the Terms of Service by Resellers.
20.7 Resellers in the Reseller Program assume all responsibility for billing and technical support for each of their Users. WebHostFace reserves the right
to refuse inquiries made to customer support from the customers of Resellers.
21. WEBHOSTFACE REFERRAL DEAL
21.1 Mechanism
With the Referral deal WebHostFace clients may refer new customers to our hosting services and get Credit as a reward. After the signup the referred customer should contact WebHostFace over the phone, chat, ticketing system or email to provide WebHostFace with the names of the Referring client so that the company can apply the promotional credit. For each new referred account, we will credit the Referring party with 25% of the total value of the initial invoice of the Referred customer.
This credit will be applied to the Referring client’s Piggy Bank in his/her Client Area and will be available for any future purchases/renewals of the Referring client. Eligible purchases may include domain names, upgrades, products, setup fees and of course, the renewal of his/her WebHostFace hosting account.If the Referrer purchases something that costs less than the credit he owns, we will continue to apply the remainder of the credit to subsequent purchases until the full credit amount has been applied.
21.2 Eligibility
This offer only applies to WebHostFace hosting customers in good standing and those customers whom they refer to a new paid hosting plan.
Credits will only be issued if the Referred customer informs WebHostFace about the name or email address of the Referring party at the time or after the sale.
Credits will be applied within 10 business days after the Referred party remains a customer in good standing with WebHostFace for at least 30 days.
This offer is not valid where prohibited by law, or in any jurisdiction whose laws materially affect the terms of this offer.
21.3 Program Terms
Referral credits must be for new WebHostFace hosting accounts.
Credits will not be applied retroactively.
Credits will be applied to Referrer’s next purchase(s).
WebHostFace reserves the right to revoke credits for violations to its Terms of Service and Acceptable Use Policy, for fraud, refunds, cancellations and charge-backs or a substantial change in business circumstances.
Details of the program are subject to change without notice.
We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish. All aspects of order processing and fulfillment, including WebHostFace service, cancellation, processing, refunds and payment processing will be our responsibility.
21.4 Credit Limits
No limit applies to the number of individual credits that can be rewarded for individual referrals.
There is no cash value for credits under any referral offer with WebHostFace. Credits are non-refundable.
22. AFFILIATE TERMS
22.1 WEBHOSTFACE.COM LLC RIGHTS AND OBLIGATIONS
Upon your acceptance and registration, WebHostFace.com LLC will provide you with unique affiliate URL to specifically identify you, which will allow you to create a link to the WebHostFace.com LLC web site. You may post this link in any location, as many times as you like subject to the remaining terms of this agreement regarding acceptable links.
WebHostFace.com LLC agrees to track the customers referred to WebHostFace.com LLC via the link provided to you for that purpose. WebHostFace.com LLC utilizes cookies to maintain tracking information for up to 60 days. If there is a previous affiliate cookie in the same user’s browser the new cookies will overwrite it. WebHostFace.com LLC is not responsible for cookies intentionally deleted by users. WebHostFace.com LLC will pay you a commission for each such referral made in compliance with this agreement pursuant to the commission schedule and the terms set forth in this affiliate agreement.
WebHostFace.com LLC reserves the right to track customers with several different tracking cookies apart from the aforementioned affiliate cookie to ensure that commissions are paid only for valid sales being a result of an affiliate’s active referral efforts. These tracking cookies include but are not limited to tracking customers from different advertising channels, search engines, social networks. Such tracking cookies are valid for 30 days.
WebHostFace.com LLC will use its reasonable endeavours to provide you with password protected access to a report in the Affiliate Area that shows the Net Revenue of Customers across Our Products.
WebHostFace.com LLC will use our reasonable endeavors to: tag the identity of all Visitors; record all sales made by Customers; record the history of payments of Commission made to you.
WebHostFace.com LLC reserves the right to terminate this Agreement if it is determined that your site is unsuitable. Unsuitable sites may include but are not limited to the following content: sexually explicit materials, content targeted towards children or minors, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, illegal activities, or violation against intellectual property rights (“IP rights”).
WebHostFace.com LLC will have the sole right and responsibility to service all customers secured through your affiliate URL. All dealings with customers for web hosting and related services shall be directly and solely between customer and WebHostFace.com LLC. WebHostFace.com LLC shall have the right and obligation to determine all pricing and product offerings and shall have the right to make any changes thereto without notice to affiliate. All customers of WebHostFace.com LLC, regardless of origin or referral, are the sole property and responsibility of WebHostFace.com LLC.
IF YOU DECIDE NOT TO ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT COPY BANNER CODE, TEXT LINK CODE, PROMOTIONAL COPY OR ANY INFORMATION PERTAINING TO WEBHOSTFACE.COM LLC.
22.2 AFFILIATE/REVENUE SHARE RIGHTS AND OBLIGATIONS
You are allowed to open and run only one affiliate account; odd accounts will be closed at our sole discretion. You agree to register and maintain correct and truthful contact information with WebHostFace.com LLC.
You are responsible for promoting WebHostFace.com LLC by implementing the advertising, banners and tracking URL’s on your websites, emails or other communication channels.
Affiliates are not allowed to advertise on WebHostFace.com LLC’s brand keywords unless a positive impact on the interaction is offered. Affiliates are not allowed to target WebHostFace.com LLC coupon keywords. Violations may result in the invalidation of referral commissions and/or immediate termination of affiliate account. WebHostFace.com LLC will be the sole arbitrator as to what constitutes a violation.
You will present only content and topics on your site which are pre-approved in writing by WebHostFace.com LLC. Content that is deemed unsuitable in WebHostFace.com LLC ‘s sole discretion will result in the immediate termination of the affiliate agreement.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site and at your own cost. You will be solely responsible for ensuring that materials posted on your site are not libelous or otherwise illegal or infringe the intellectual property rights of third parties. Since we do not have control over your site, we disclaim all liability for these matters. Furthermore, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorney’s fees) relating to the development, operation, maintenance, and contents of your site. This provision on indemnification is without prejudice to our separate action or claim against you under applicable laws.
You agree that WebHostFace.com LLC may amend this agreement at any time without notice to you.
You agree to keep advised of any changes to this agreement by checking the WebHostFace.com LLC web site on a periodic basis.
You are only responsible for directing customers to the WebHostFace.com LLC website. Only properly tagged customers can be assigned to an affiliate. Should an affiliate tag be improperly inserted into the affiliate site or not properly received by the WebHostFace.com LLC web server the resulting customer registration and transactions will not be assigned to the affiliate. Therefore it is the responsibility of the affiliate to ensure that all links are properly tagged.
The Federal Trade Commission (FTC) requires that connections between advertiser and endorsers be conspicuously disclosed. Blogs, websites, ratings and review sites, and similar must declare the compensation arrangement with the advertiser. As such, you must declare the financial relationship between you and WebHostFace.com LLC in a prominent location on your websites in order to be in compliance with the FTC. WebHostFace.com LLC retains the right to temporally or permanently close your affiliate account, should it be determined that you are not in compliance with applicable FTC regulations. WebHostFace.com LLC will be the sole arbitrator as to what constitutes non-compliance.
Affiliation Guidelines:
Only approved and properly tagged creative materials, supplied by us, may be used to promote WebHostFace.com LLC. Advertorials and personal endorsements are allowed but all materials not designed by WebHostFace.com LLC must be approved in writing.
You may not modify or use for any other purpose any intellectual property rights, banners or other creative material supplied by us without the written prior consent of WebHostFace.com LLC. All copyright or intellectual property rights notices on any material supplied or approved by WebHostFace.com LLC must remain and not be modified or eliminated. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of WebHostFace.com LLC.
By agreeing to participate in the WebHostFace.com LLC Affiliate Program, you are agreeing to download banners, text or promotional material and place it on your site, utilize it within email, direct marketing using your affiliate URL or print. These methods are the only approved methods by which you may advertise WebHostFace.com LLC ‘s products and services.
Banners and links may not be placed within unsolicited email, unauthorized newsgroup postings, or chat rooms or through the use of “bots”. Traffic generated illegally will not be counted and may result in the termination of your affiliate account with us.
We will terminate this Agreement immediately if there is any form of spamming on your behalf or if you discredit WebHostFace.com LLC through false advertising, written or uttered words.
Any claims, representations, or warranties in connection with WebHostFace.com LLC are prohibited and are not bind to WebHostFace.com LLC or to any obligations.
You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes WebHostFace.com LLC damage. Should fraudulent activity arise through a person directed to a site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold affiliate commissions with respect to such.
Affiliates are prohibited from signing up for any of the hosting services or products promoted by WebHostFace.com LLC through their own affiliate link or from the affiliate link of an associate who shares all, or, part of the commission with the affiliate or a third party.
22.3 COMMISSIONS
All commissions that are paid to affiliates are calculated automatically, and are based on the commission structure presented at the affiliate home page, unless stated otherwise in a different agreement or in an appendix to this one, approved by both the affiliate and WebHostFace.com LLC.
Commissions are paid when:
There is a successful purchase of one of the following products by customers, referred to WebHostFace.com LLC site by an affiliate link: Shared Hosting packages, Reseller Hosting, VPS Hosting packages or Dedicated servers.
At the time of order the customer has an active cookie indicating you as the last affiliate who referred them to our website, provided that the customer has not reached our website through a search engine with a search string not containing the WebHostFace name.
The purchase has not been void, cancelled or revoked within a 30-days period by the customer or by us and the account is active at the time of the payout.
All commissions, presented and paid, are in USD.
Every new affiliate receives a one-time start bonus of $10.
There is a minimum payout commission of $100, which needs to be reached by affiliates before any transfer to their PayPal account can take place, exclusive of any sign up bonus amount.
WebHostFace will not pay affiliate commissions if the regular hosting price is discounted with 70% or more.
WebHostFace pays affiliate commissions if the sale is for a shared hosting plan for more than 1 month and the total amount of the payment is equal or more than 40 USD, 40 EUR, 40 AUD, 30 GBP, or the equivalent of 40 USD as per the average monthly exchange rate for any other respective currency that might be used by the customer to complete payment for their hosting account.
Affiliates shall receive the following commissions for valid sales made through their unique affiliate link:
Shared Hosting – 50 % of initial sign up amount paid for hosting products.
Reseller Hosting – 50 % of initial sign up amount paid for hosting products.
VPS Hosting – 30 % of initial sign up amount paid for hosting products.
Dedicated Servers – 30 % of initial sign up amount paid for hosting products.
Listed commissions apply only to referrals who have signed for non-promotional accounts, as they appear on the WebHostFace.com home page, Shared Hosting page, and VPS Hosting page. Commission is calculated only on the first initial price for the hosting account without extra services and domain names. For Lifetime Hosting, commission is 10% of the initial price of hosting without extras and domains names. WebHostFace reserves the right to apply commissions, different than the ones listed, depending on the ongoing promotion.
Extra services and domain registration are not subject of affiliate commission under any circumstances.
Different campaigns carry different commission amounts, which are presented in the commission table on the affiliate home page.
Monthly commissions are manually approved at the end of each month and are paid to affiliates upon request by the affiliate when the minimum payout commission are reached.
Commissions are paid on a unique purchase made by a new customer and not on existing customer or a subsequent renewal order. Only commissions with status APPROVED are paid to the affiliate and WebHostFace.com LLC is the sole instance of approval.
Payment Form – commissions can be paid only through PayPal.
For payments to be made through PayPal, you must provide us with your the necessary information after sign up.
22.4 OWNERSHIP
WebHostFace.com LLC assumes ownership of the customer at point of first contact with the customer. You, as an affiliate, act as a referring agent for WebHostFace.com LLC. We reserve the right to refuse customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish.
Each party to this agreement shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
By opening an account as a customer, that person or entity will become a Customer of WebHostFace.com LLC and, accordingly, all Customer rules, policies, and operating procedures will apply to them.
During the term of this Agreement, you may be entrusted with confidential information relating to the business, operations, or underlying technology of our affiliate program (including, for example, referral fees earned by you under the program). You agree not to disclose or use the confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information will survive the termination of this Agreement.
22.5 LEGAL RESPONSIBILITIES
Ownership and content of the WebHostFace.com LLC sites remain its respective properties and shall not be deemed to have been transferred to the affiliate through any act or omission in respect of the affiliation Agreement.
Ownership, content and liability for affiliate sites are the sole responsibility of the affiliate. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site and at your own cost.
You will indemnify and hold us unaccountable from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site. This provision on indemnification is without prejudice to our separate action or claim against you under applicable laws.
It is the affiliates’ responsibility to follow the correct linking and tagging procedure to ensure new customer tracking and payment.
Presentation of our banners & content on affiliate’s site is the responsibility of the affiliate. The affiliate must ensure that our content is presented in accordance with our outlines.
The affiliate must ensure that any material posted on their site is legal and does not infringe copyright or violate any unlawful rights.
WebHostFace.com LLC may modify any of the terms and conditions contained in this Agreement, at any time and at their sole discretion, by posting a change notice or a new agreement on the WebHostFace.com LLC site. Modifications may include changes in the scope of available referral fees, fee schedules, payment procedures, and referral program rules. It is your sole responsibility to keep yourself updated with the latest version of the terms and conditions of this agreement. IF ANY MODIFICATIONS ARE UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE WEBHOSTFACE.COM LLC SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
For the avoidance of doubt, the Affiliate agrees that WebHostFace.com LLC Affiliates may use any personal information provided by the Affiliate for the purposes of verifying your identity and/or request supporting documents for the same purpose. The Affiliate agrees to provide WebHostFace.com LLC Affiliates with any supporting documents upon request. The Affiliate is aware that WebHostFace.com LLC affiliates has the right to withhold/cancel payments if supporting documents are not provided. Supporting documents may include any or all of the following for individuals: valid passport copy; valid driving licence copy; a copy of a utility bill; a letter of reference from the individual’s bank; and a copy of a bank statement. For a company, supporting documentation may include a copy of the company’s certificate of incorporation; articles of association (or equivalent document); duly approved corporate resolution; a certificate of good standing; power of attorney; and information regarding the identity of the beneficial owner of the company and the identity of the directors of the company.
WebHostFace.com LLC does not condone spam.
a) Any form of Spam will result in your account being placed under review and all funds due will be withheld pending an investigation into your account. Be aware that our clients are liable to incur expenses in dealing with spam generated mail and these same expenses will be deducted from your account should our client seek recourse. In this instance the amount determined by the relative client will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by you as fair and reasonable and as agreed to by registration as an affiliate of WebHostFace.com LLC.
b) You and WebHostFace.com LLC are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this paragraph.
You agree to immediately cease the use of any mark upon request made by WebHostFace.com LLC to the email address provided by you and maintained on file for you by WebHostFace.com LLC. You agree to immediately cease the use of any link created by you to WebHostFace.com LLC upon request by WebHostFace.com LLC to the email address provided by you and maintained on file for you by WebHostFace.com LLC.
22.6 TERM & TERMINATION
Either party may terminate this agreement at any time upon notice in writing to the other party. Termination is at will, for any reason, by either party. For purposes of notification of termination, delivery via email is considered a written and immediate form of notification.
In the event of termination of this Agreement:
You must remove WebHostFace.com LLC’s banner(s) from your site and disable any links from your site to WebHostFace.com LLC.
All rights and licenses given to you in this agreement are immediately terminated.
You will be entitled only to those unpaid referral fees if any earned by you on or prior to the date of termination, save where termination is as a result of your breach of terms of this Agreement, as detailed at 2.4 below. We may withhold your final payment for a reasonable amount of time to ensure that the correct amount is paid.
If you have failed to fulfil your obligations and responsibilities, WebHostFace.com LLC reserves the right to not pay you the referral fees otherwise owing to you on termination.
We may withhold your final payment for a reasonable amount of time to ensure that the correct amount is paid.
If we continue to permit activity (generation of revenue) from customers after termination, this will not constitute a continuation or renewal of this agreement or a waiver of termination.
You are obligated to return to us any confidential information and all copies of it in your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of the merchants.
You and WebHostFace.com LLC will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement, which occurred prior to termination.
22.7 DISCLAIMER
We make no express or implied warranties or representations with respect to the referral program or referral fee payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
By having read, the terms and conditions, and acknowledging such in the affiliate sign-up form you agree to all the terms and conditions contained herein. WebHostFace.com LLC reserves the right to withhold payment from any affiliate that violates any of the terms and conditions contained herein.
23.LIFETIME SUBSCRIPTION PLANS
The WebHostFace “Lifetime” subscription plan is a limited offer that allows you to access the services for the Lifetime Hosting Product you purchased that are available at the time of your purchase for as long as the Product and those services are available and supported. Products purchased under Lifetime subscription plans will be clearly indicated as such on the Order Page and in the order confirmation.
WebHostFace.com LLC may stop issuing new Lifetime subscriptions at any time.
Changing the account primary domain name or the account ownership details may cause the end of the LifeTime deal or different fees may apply. In any event of ending the Lifetime Cycle or deal, WebHostFace will find an appropriate way to compensate its customers. If a client decides to upgrade to a higher solution, a fee will be applied accordingly.
While WebHostFace anticipates that the WebHostFace Product you purchased and associated services will remain available and supported, potentially for many years to come, WebHostFace makes no warranties as to the expected lifetime of its services. The term “Lifetime” is defined based on the duration of the hardware or the operating system, whichever reaches its end first. Nonetheless, it is guaranteed to be no shorter than 5 years.
In purchasing under a Lifetime subscription plan, you acknowledge and agree that the WebHostFace Product and services could change or terminate in the future.
This promotion does not include a free domain name registration under any circumstances. Each customer can use existing domain name for free to sign up or register a new one and pay the appropriate registration or renewal fee depending on the domain name extension.
WebHostFace provides 30 Days Money Back Guarantee for all new Shared hosting accounts, including the Lifetime plans. For more details refer to Refund Policy – > CANCELLATION AND REFUND POLICY (MONEY BACK GUARANTEE)
The company has the right to cancel any account that use of the service violates the Terms of Use. Any data might be lost if that happens. In such cases no refund will be issued.
WebHostFace.com LLC reserve the right to make changes to the provided Terms of Service (TOS) as needed, without notice to our clients. However they can always review it on our website.
24. MANAGED WORDPRESS HOSTING PLANS
WebHostFace considers managed WordPress hosting as a service that comes with the following specifications included:
– OS installation and updates;
– Application installation and updates;
– Malware scanning (and cleanup);
– Performance monitoring;
– Backups.
WebHostFace can not be held responsible for the above mentioned actions and specifically the Application installation and updates unless they are requested by the customer. Additionally WebHostFace cannot be held responsible for any possible application or service damages as a result of the best efforts of our Personal WP assistants or support team members performed on applications that are heavily customized or missing major release updates. If the application used by the customer is missing a major release update or the work required is more than the included per month Development Guidance based on the Managed WordPress package, an additional fee of $50 per hour may occur.
In addition to the above our managed WordPress hosting services provide:
– Management and patches of the managed WordPress platform’s underlying OS.
– WebHostFace updates the WordPress applications to the latest stable version automatically. The WordPress autoupdater is a third party application and WebHostFace cannot be held responsible for any application or service damages caused by it.
WebHostFace customers can clone the WordPress applications using automated tool. The WordPress Clone tool is a third party application and WebHostFace cannot be held responsible for any application or service damages caused by it.
– Websites’ uptime performance are closely monitored.
30-day incremental file and database backups included. The back up tool is a third party and WebHostFace cannot be held responsible for any application or service damages or missing files or databases caused by it
The Managed WordPress hosting plans – WP-ARTIST and WP-MASTER are offered in our US datacenters only.
24.1 Features of the Managed WordPress hosting packages
The VISITS/MONTH is a guideline number for the amount of daily pageviews your site will be able to handle with each plan. The actual traffic capacity will depend on individual site configuration. Websites that are not well optimized and have slow queries might be able to handle only a portion of the above mentioned VISITS/MONTH
24.2 Server limits for the MANAGED WORDPRESS PLAN WP-ARTIST:
24.2.1 The WP-ARTIST managed WordPress hosting plan can host up to 2 websites (one primary and one addon domain) and it is hosted on a shared environment basis (Shared Hosting). The WP-ARTIST managed WordPress hosting plan does not allow the usage of WordPress Multisite
24.2.2 The WP-ARTIST managed WordPress hosting plan is optimized for running WordPress websites, hoever you can intall and use different site building programs as long as they do not interfere with the performance of the service and not in a breach of the fair share usage policy on our shared hosting environment.
24.2.3 An account using the Managed WordPress hosting plan – WP-ARTIST can utilize up to 20 GB of disk space.
24.2.4 At any given moment the maximum Inode usage should not exceed 450 000 Inodes.
24.2.5 The CPU time utilization of all WP-ARTIST hosting accounts should not exceed 200% of the server resources at any given time.
24.2.6 Any WP-ARTIST managed WordPress hosting account can have up to 100 simultaneously running processes.
24.2.7 At any given time there should be no more than 100 incoming connections to a WP-ARTIST managed WordPress hosting account.
24.2.8 There should be no databases exceeding the size of 1536 MB on any WP-ARTIST managed WordPress hosting account. A database table can be of up 512 MB in size. A customer can have no more than 5 (five) MYSQL databases on a single WP-MASTER managed WordPress hosting account.
24.2.9 WebHostFace.com LLC offers an incremental full account backup, created on daily basis of all managed WordPress accounts. The backups are kept for a period of up to 30 days back but they are not guaranteed. Any archive or media file types are excluded from the full account backups.
24.2.10 The maximum number of emails sent from a WP-ARTIST managed WordPress hosting account should not exceed 750 per hour. No email sent from such account can have more than 30 recipients.
24.2.11 The size of a mailbox hosted on a WP-ARTIST managed WordPress hosting account should not exceed 2.0 GB (2048 MB)disk space.
24.2.12 No Managed WordPress hosting account can host malicious content. If such content is found we reserve the right to take actions towards protecting the server and the rest of the Managed WordPress hosting accounts located on that server.
24.2.13 Sending phishing/scam emails is forbidden and it can lead to the suspension of the Managed WordPress hosting account.
24.2.14 Sending unsolicited emails is not allowed. In case such emails are found to be generated, the email services for the respective Managed WordPress hosting account would be limited.
24.2.15 The email service handles file attachments of size up to 40 MB.
24.2.16 The hosting of illegal Copyrighted materials is forbidden and it can lead to account termination.
24.2.17 Hosting any materials against our Terms Of Service can lead to immediate account termination.
24.2.18 The loading time of any web page hosted on a Shared server cannot exceed 60 seconds.
24.2.19 At any given time any Managed WordPress hosting account can have up to 100 simultaneous outgoing connections.
24.2.20 The web server handles files of up to 3 GB (3072 MB) size. In the event of downloading/uploading larger files, the usage of FTP is recommended as alternative method.
24.2.21 Shared hosting accounts can have unlimited number of Cron Jobs. The execution time of any Cron Job should not exceed 60 seconds, and it should not get triggered more often than once every 15 minutes.
24.2.22 The SSH service offered for Shared hosting accounts can use only Key authentication. The number of SSH authentication keys each account can have is unlimited. Password authentication for the SSH service on our Shared servers is not allowed.
24.2.23 In the event of a Denial Of Service attack (or any other third party service interventions) against certain website hosted on a Shared hosting server, we reserve the right to take any necessary precautions to protect the server and the rest of the Shared hosting accounts located on that server.
24.3 Server limits for the MANAGED WORDPRESS PLAN WP-MASTER:
24.3.1 The WP-MASTER managed WordPress hosting plan can host up to 5 websites (one primary and four addon domain) and it is hosted on a shared environment basis (Shared Hosting). The WP-MASTER managed WordPress hosting plan does not allow the usage of WordPress Multisite
24.3.2 The WP-MASTER managed WordPress hosting plan is optimized for running WordPress websites, hoever you can intall and use different site building programs as long as they do not interfere with the performance of the service and not in a breach of the fair share usage policy on our shared hosting environment.
24.3.3 An account using the Managed WordPress hosting plan – WP-MASTER can utilize up to 50 GB of disk space.
24.3.4 At any given moment the maximum Inode usage should not exceed 600 000 Inodes.
24.3.5 The CPU time utilization of all WP-MASTER hosting accounts should not exceed 300% of the server resources at any given time.
24.3.6 Any WP-MASTER managed WordPress hosting account can have up to 150 simultaneously running processes.
24.3.7 At any given time there should be no more than 150 incoming connections to a WP-MASTER managed WordPress hosting account.
24.3.8 There should be no databases exceeding the size of 2048 MB on any WP-MASTER managed WordPress hosting account. A database table can be of up 512 MB in size. A customer can have no more than 5 (five) MYSQL databases on a single WP-MASTER managed WordPress hosting account.
24.3.9 WebHostFace.com LLC offers an incremental full account backup, created on daily basis of all managed WordPress accounts. The backups are kept for a period of up to 30 days back but they are not guaranteed. Any archive or media file types are excluded from the full account backups.
24.3.10 The maximum number of emails sent from a WP-MASTER managed WordPress hosting account should not exceed 1000 per hour. No email sent from such account can have more than 30 recipients.
24.3.11 The size of a mailbox hosted on a WP-MASTER managed WordPress hosting account should not exceed 2.0 GB (2048 MB) disk space.
24.3.12 No Managed WordPress hosting account can host malicious content. If such content is found we reserve the right to take actions towards protecting the server and the rest of the Managed WordPress hosting accounts located on that server.
24.3.13 Sending phishing/scam emails is forbidden and it can lead to the suspension of the Managed WordPress hosting account.
24.3.14 Sending unsolicited emails is not allowed. In case such emails are found to be generated, the email services for the respective Managed WordPress hosting account would be limited.
24.3.15 The email service handles file attachments of size up to 40 MB.
24.3.16 The hosting of illegal Copyrighted materials is forbidden and it can lead to account termination.
24.3.17 Hosting any materials against our Terms Of Service can lead to immediate account termination.
24.3.18 The loading time of any web page hosted on a Shared server cannot exceed 60 seconds.
24.3.19 At any given time any Managed WordPress hosting account can have up to 150 simultaneous outgoing connections.
24.3.20 The web server handles files of up to 3 GB (3072 MB) size. In the event of downloading/uploading larger files, the usage of FTP is recommended as alternative method.
24.3.21 Shared hosting accounts can have unlimited number of Cron Jobs. The execution time of any Cron Job should not exceed 60 seconds, and it should not get triggered more often than once every 15 minutes.
24.3.22 The SSH service offered for Shared hosting accounts can use only Key authentication. The number of SSH authentication keys each account can have is unlimited. Password authentication for the SSH service on our Shared servers is not allowed.
24.3.23 In the event of a Denial Of Service attack (or any other third party service interventions) against certain website hosted on a Shared hosting server, we reserve the right to take any necessary precautions to protect the server and the rest of the Shared hosting accounts located on that server.
24.4 Personal WP Assistant:
Upon sign up for the WP-ARTIST and WP-MASTER managed wordpress hosting packages, every customer gets a personal wp assistant. The assistant can help the customer with different guidances about website improvement and development.
On WP-ARTIST every customer gets up to 1h (one hour) per month Development Guidance and on WP-MASTER every customer gets up to 2.5h (two and a half hours) per month Development Guidance. If the allocated time for development guidance is not used for a calendar month, the time is not added to the time for the next month.
Our personal WP assistants will do their best to fulfill the requests of the customers and to provide them with best effort services.
24.4.1 When the personal WP assistant is assigned?
Every WP-ARTIST and WP-MASTER managed wordpress hosting customer gets a personal WP assistant assigned immediately after the above mentioned hosting packages are paid and created. Every managed wordpress customer gets a welcome e-mail and/or a welcome introductory phone call by the assigned personal WP assistant. If the phone call is not performed immediately after sign up, the personal WP assistant may schedule the call for a later time that is suitable for both the customer and the representative.
24.4.2 How the personal WP assistant can be reached by the customer?
Every WP-ARTIST and WP-MASTER managed wordpress hosting customer has access to a ticketing system that can be used to request the usage of the Development Guidances based on the managed wordpress hosting package he/she signed up for. In order to have the Development Guidance requests processed by the personal WP assistant, all customer requests should be made written within the above mentioned ticketing system accessed through the customer area login button on the main website of the WebHostFace.com LLC webhosting company. In very specific cases we allow the usage of e-mail communication in order to have the requests logged and requested by the customer.
24.4.3 When is the personal WP assistant available?
Every WP-ARTIST and WP-MASTER personal WP assistants are available over e-mail and ticketing system during business days.
24.4.4 Hours of development guidance for WP-ARTIST and WP-MASTER managed wordpress hosting packages:
– on WP-ARTIST customers get up to 1h (one hour) per month Development Guidance
– on WP-MASTER customers get up to 2.5h (two and a half hours) per month Development Guidance
24.4.5 What is included in the Development Guidance from the personal WP assistant in the hosting packages WP-ARTIST and WP-MASTER
DEVELOPMENT GUIDANCE
HUMAN SPEED AUDITS
PERFORMANCE AUDITS
HUMAN HELD SECURITY AUDITS
SEO AUDITS AND ADVICE
FREE HUMAN WEBSITE TRANSFER
WebHostFace.com LLC shall not be responsible for content, customization, or any other activities associated with the Supported Application, including any repair of the Supported Application should it stop working. We shall limit technical support of an inoperable Supported Application to restoring said Supported Application to its original state or fresh installation, with no data and customization.
Our personal WP assistants will do their best to fulfill the requests of the customers and to provide them with industry-leading services backed by years of experience.
Here’s what is included with the WP-ARTIST and WP-MASTER managed wordpress hosting packages personal WP assistant work:
All WordPress core updates are included.
Plugins that are available from the WordPress plugin repository are included. All other plugins can be optionally updated using the development hours.
Themes that are available from the WordPress theme repository are included. All other themes can be optionally updated using development hours.
We don’t include paid (premium) plugins and themes in our standard updates because they often take more time to configure and test, and since we won’t have your license information, you’ll need to provide the updated plugins files.
Acceptable support requests would include the following:
* Theme/plugin troubleshooting
* Site optimization inquiries (load time, caching, etc)
* Plugin/code conflicts
* Theme/plugin installation
Unacceptable support requests would include:
* Custom theme/plugin development
* Site design
If a website gets hacked, injected with malicious code or requires custom cleaning of any harmful code that is injected by a third party can be a done using the allowed monthly hours of Development guidance. If the time for cleaning exceeds the allocated monhtly time, a fee of $50 per hour may apply.
25. HIPAA Disclaimer.
We are not “HIPAA compliant.” Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. WebHostFace does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this User Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that WebHostFace is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us at abuse@webhostface.com.We hope this AUP and TOS are helpful in clarifying the obligations of Internet users, including WebHostFace.com LLC and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to abuse@webhostface.com.
WebHostFace.com LLC reserves the right to change the above terms of use at any time. Such changes will become effective and binding after their posting on WebHostFace.com LLC’s website. The website user agrees to regularly review WebHostFace.com LLC Website Terms of Use and be aware of the changes made. By continuing to use the WebHostFace.com LLC website after any posted revision, the customer agrees to abide by it.