Terms of Service

These terms of service govern your use of this web site and your purchase of any goods and services sold on WebWeaverElite.com.  By accessing this web site or making purchases, you are acknowledging and accepting these terms and conditions.  These terms are subject to change by Viper Consulting, LLC (hereinafter “Company”) at any time and at our discretion without notice.  The term “us” and “we” as used herein means Company and any service providers that assist in the support of this site, and the term “you” and “your” are referring to you.  Your use of this web site and our products after any changes are implemented constitutes your acceptance of the changes.  As a result, we encourage you to consult the terms and conditions each time you use this web site.

1.) Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) for potential fraud. It is your responsibility to provide us with a valid and working email address. If there is ever an abuse issue or if we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure that the email address on file is current or up to date at all times. If you have a domain name registered with us, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date.

We are not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

2.) Content and Acceptable Use

You can only use our products or services for lawful purposes. The laws of the State of Nevada, and the United States of America apply.

You agree to indemnify and hold us harmless from any claims resulting from your mis-use of our services.

You are prohibited from using our services to infringe upon any copyright, trademark, or other intellectual property rights of others. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a copyright holder will result in the immediate termination of your account.

Any account found to be in violation of another’s copyright or other intellectual property rights will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright or other laws will be suspended and/or terminated from our hosting. If you believe that your intellectual property is being infringed upon, please email [email protected] with the information required. If the request is of a licensing issue, we may require further documentation.

Using a hosting account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all hosting servers include:

  • Adult/pornographic materials
  • Topsites

* IRC Scripts/Bots

* Proxy Scripts/Anonymizers

* Pirated Software/Warez

* 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

* Hateful/Racist/Harassment oriented sites

* 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

* Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Examples of unacceptable material on all Dedicated hosting servers include:

* IRCD (irc servers)

* IRC Scripts/Bots

* Pirated Software/Warez

* IP Scanners

* Bruteforce Programs/Scripts/Applications

* Mail Bombers/spam Scripts

* Escrow

* 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

* Hateful/Racist/Harassment oriented sites

* 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

* Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Our services, including all related equipment, networks and network devices are provided only for authorized customer use. Our systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of our system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. We may, at our discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

Sites hosted on our service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. We are not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like us and many of our other webhosting services and brands are re-publishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, we shall not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under our webhosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us at [email protected] and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography:

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Violations will be reported to the appropriate law enforcement agency.

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at our discretion.

4.) Payment Information

Applicable fees will be invoiced starting from the day your hosting services are established, and in advance of using such services. You agree to supply appropriate payment for the hosting services received from us. You agree that until and unless you notify us 30 days in advance of your desire to cancel any or all hosting services received, those services will be billed on a recurring basis, including the time during which accounts are suspended. However, after the customer notifies us of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.

As a client of ours, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify us of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms and Conditions), those services will be billed on a recurring basis, unless otherwise stated in writing by us.

We reserve the right to bill your credit card or billing information on file with us. We provide a 7 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 7 days and not paid will result in an account suspension until account balance has been paid in full.  Access to the account will not be restored until payment has been received.

We reserve the right to change the monthly payment amount and any other charges at anytime.

5.) Cancellations and Refunds

5.a) Cancellation Policy

We reserve the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Hosting services can be canceled by you up to 10 business days before your next invoice date but no later than 3 business days before your next billing date

All cancellations must be submitted via Support Ticket: Click Here to Submit. Once we receive your cancellation, and have confirmed all necessary information with you via e-mail, we will inform you in via email, that your account has been canceled. One of our staff will confirm your request, and process your cancellation shortly thereafter. If you do not receive a reply from us, or do not receive the confirmation email after submitting your cancellation, please contact us via email: [email protected]. Cancellations that do not receive an explicit cancellation confirmation will be considered to be active accounts and will accrue their regular monthly charges until a confirmed cancellation takes place.

We require that cancellations of service be submitted through our ticketing system to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

If you abuse our staff, in any medium or format, we have the option, in our sole discretion, to terminate your services.

Domain names registered through our services will be subject to a $9.95/year domain registration fee for .com, .net, and .org.  Domain registration fees cannot be refunded, as we incur a cost to register them.  Although domain registration fees are non-refundable, you do retain ownership for any domains purchased through us for as long as you continue to renew your domains.

5.b) Refund Policy

All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the term of service. WebWeaverElite.com expressly reserves the right to modify pricing through email notification and/or notice on its website

The cancellation of an account does not release you from financial responsibility. If your account has a past due balance and you are not eligible for a refund, our accounting department will continue collection efforts.

Violations of the Terms and Conditions will waive the refund policy.

6.) Backups and Data Loss

Your use of this service is at your sole risk. Our backup service runs on Sunday of each week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. We are not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by us.

7a.) Resource Usage

User may not:

1 ) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

2 ) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

3 ) Run any type of web spider or indexer on shared servers.

4 ) Run any software that interfaces with an IRC (Internet Relay Chat) network.

5 ) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.

6 ) Participate in any file-sharing/peer-to-peer activities

7 ) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

8 ) Run cron entries with intervals of less than 15 minutes.

9 ) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.

10 ) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include (“http://yourdomain.com/include.php”) use include (“include.php”)

11 ) To help reduce usage, do not force html to handle server-side code (like php and shtml).

12 ) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

Automated resource management systems may be used to ensure this policy is followed and enforced. The system may throttle account or website access in order to maintain server stability at anytime.

7b.) INODES

The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

8a.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount, we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

8b.) Site Usage

You are allowed to create a certain number of web sites using our service, based upon the particular service plan that you purchased.  If you try and build more web sites than you have purchased, we reserve the right to: (1) suspend your ability to create additional sites until you have agreed to upgrade to a higher plan; or (2) upgrade you to the next higher service plan automatically.

9.) Uptime Guarantee

If your shared server has a physical downtime that is not within the 99.9% uptime, you may receive one month of credit on your account. Approval of the credit is at our discretion dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server, which may differ from the uptime reported by other individual services. To request a credit, please contact [email protected] with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

10.) Dedicated Servers

We reserve the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. We reserve the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed-up by us, and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact [email protected] if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

11.) Price Change

We reserve the right to change prices listed on WebWeaverElite.com (or other applicable domains of ours that are referenced from WebWeaverElite.com), and the right to increase the amount of resources given to plans at any time.

12.) Limitation On Liability

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

13a.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against COMPANY, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our products or services; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from our server.

13b.) Arbitration

By using any our services, you agree to submit to binding arbitration. If any disputes or claims arise against us or our subsidiaries, such disputes will be handled by an arbitrator of our choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Nevada. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

14.) Disclaimer

We shall not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees or other staff.

15.) Disclosure to law enforcement

We may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

16.) Trademarks

Trademarks, service marks, and logos appearing in this site are the property of us or the party that provided the trademarks, service marks, and logos to us. We and any party that provided trademarks, service marks, and logos to us retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

17.) Information Collected

We may collect any or all of the information that via both automated means such as communications profiles and cookies. Personal Information you give us depends on the type of service, support, or sale inquiry, and may include your name, address, telephone number, fax number and email address, dates of service provided, types of service provided, payment history, manner of payment, amount of payments, date of payments, domain name, credit card or other payment information. The financial information will be only be used to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. All sensitive information is collected on a secure server. When transferring personal information a security icon will appear in your browser.

18.) Information Use

The information we collect is used for billing and to provide service and support to our customers. We may also study this information to determine our customer’s needs and provide support for our customers. All reasonable precautions are taken to prevent unauthorized access to this information. This safeguard may require you to provide additional forms of identity should you wish to obtain information about your account details. We may email a monthly newsletter to the primary contact e-mail on file, but customers are able to opt out of this newsletter at any time.  We may also send you other offers (of ours of those of third parties) for products or services that we believe would be of interest to you.

19.)Intellectual Property

This Agreement does not transfer from Web Weaver Elite to you any Web Weaver Elite or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Web Weaver Elite. Web Weaver Elite, WebWeaverElite.com, the WebWeaverElite.com logo, Web Weaver Elite Themes, Web Weaver Elite Plugins, and all other trademarks, service marks, graphics and logos used in connection with WebWeaverElite.com, or the Website are trademarks or registered trademarks of Web Weaver Elite or Web Weaver Elite’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Web Weaver Elite or third-party trademarks.

20.) Security

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password.

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). We will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that we consider insecure, we can require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. we reserves the right to investigate suspected violations of these Terms of Use.

We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

21.) Miscellaneous

If any part of these Terms and Conditions are unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

22.) Changes to the TOS

We reserve the right to revise our policies at any time without notice, by updating these Terms and Conditions.

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