Web Building Professionals

Hosting Terms Of Use

CONVENTIONS USED
WBpro.com agrees to furnish services to the Subscriber (You), subject to the following Hosting TOU (Terms of Use). Use of any WBpro Service constitutes acceptance and agreement to WBpro's General TOU and other conditions set forth from time to time.

All provisions of this agreement are subject to the General TOU of WBpro.com. The Hosting TOU may be changed from time to time at the discretion of the Company. Subscriber understands that change to the Hosting TOU by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, county of Harris applicable to contracts enforceable in that state. Venue will be Harris County, Texas

LIMITATIONS ON YOUR USE OF THE WBPRO HOSTING SERVICES
The WBpro Network is provided to assist You with the operation of Your business. Your right to use the WBpro Network is limited to You, and Your company and its employees. You are solely responsible for Your content and Your Web site and your WBpro account. WBpro reserves the right, but is not obligated, to monitor or to review materials posted on Your Web site and to monitor your compliance with these Terms of Service and the Additional Terms. WBpro reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.

You may not interfere with or disrupt the WBpro Network or servers or any network connected to WBpro.

You may not use the WBpro Network or the products or services provided through or in connection with the WBpro Network to:

  1. conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multi-level or illegal marketing campaigns
  2. harm minors in any way
  3. conduct a site that has Pirated software, Hackers programs or archives, Warez Sites, Adult Sites, Unauthorized use of MP3's
  4. conduct a site that runs a chat room
  5. conduct a site that runs a ShoutCast Server
  6. conduct a site that runs a proxy
  7. conduct a site that has or makes reference to IRC, egg drops, or IRC bots
  8. violate any applicable government laws or regulations.
  • Pornography and sex related merchandising are prohibited on any WBpro server. This includes sites that may infer sexual content, or Link to adult content elsewhere.
  • We reserve the right to add new items that are unacceptable at any time.
  • The information provided by WBpro to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of WBpro with any third party.

99.9% Uptime Guarantee
The 99.9% uptime guarantee pertains to server hardware uptime only. It does not apply to any of the services on the network or the network itself.

Domain Name Redirection (Name Servers)
You are responsible to update your domain DNS information when transferring an account to WBpro's hosting services. All domains should be pointing to:

NS1.WBPRO.COM
NS2.WBPRO.COM

If you are having any problems updating your DNS please notify our technical support team.

Dedicated Servers
WBpro Dedicated Server accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of WBpro systems or networks. WBpro reserves the right to terminate or limit such activities.

If a subscriber pays yearly for a dedicated server and decides to cancel before the year's term is complete, a cancellation fee of a two months service charge will be accessed and the difference between the regular monthly charge and the yearly discount must be paid for each month used.

Disclosure to Law Enforcement
The General TOU specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition WBpro shall have the right to terminate all service set forth in this Agreement.

Service Rates
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. All accounts and services provided by WBpro are subject to the current tax rate as imposed by the City of Altamonte Springs, State of Florida which is currently 8.25%. 80% of the monthly service charge is subject to the 8.25% tax rate, while the remaining 20% of the monthly service charge is not taxed. 100% of the setup fee is subject to the 8.25% tax rate. The above applies to all accounts and services provided by WBpro.

Payments and Fees
Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge, account reconnection may take up to 48 hours after the payment has been received. Accounts not paid by due date are subject to a late fee of $7.95 or 10% of the balance which ever is greater. Accounts that are not collectable by WBpro may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company the "Processing and Collection" Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refund and Disputes
All payments to WBpro.com are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in WBpro's sole discretion is a valid charge under the provisions of the Hosting TOU and /or General TOU, you agree to pay WBpro an "Administrative Fee" of not less than $50 and not more than $150.

Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation
Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:

WBpro Attn: Cancellations
PO Box 160188
Altamonte Springs, FL 32714

Or you may call 866-389-2776.

WBpro.com's preferred method of cancellation is via the My Account area. Please log into your account at www.WBpro.com and you can request to have your server cancelled there via the online form.

You must have all account information to cancel.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

SPAM and Unsolicited Commercial Email (UCE)
WBpro takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of WBpro may not use or permit others to use our network to transact in UCE. Customers of WBpro may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

a. Violation of WBpro's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, WBpro will initiate an immediate investigation (within 48 hours of notification). During the investigation, WBpro may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, WBpro may, at its sole discretion, restrict, suspend or terminate customer's account. Further, WBpro reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. WBpro will notify law enforcement officials if the violation is believed to be a criminal offense.

b. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that WBpro personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

c. As our Customers are ultimately responsible for the actions of their clients over the WBpro network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Important Note
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

Network
a. IP Address Ownership: If WBpro assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to WBpro, and Customer shall have no right to use that Internet Protocol address except as permitted by WBpro in its sole discretion in connection with the Services, during the term of this Agreement. WBpro shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by WBpro, and WBpro reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

b. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). WBpro will monitor Customer's bandwidth and disk usage. WBpro shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in WBpro's sole and absolute discretion. If WBpro takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, WBpro may, at its sole discretion, collect a deposit, in an amount determined by WBpro, against customer's credit card on file with WBpro.

c. System Resources:  Any account under share enviroment using over 10% of the system resources will be suspended or terminated.  No refunds will be issue to web sites that violate this policy.

d. System and Network Security: Users are prohibited from violating or attempting to violate the security of the WBpro Network. Violations of system or network security may result in civil or criminal liability. WBpro will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

v. Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation
a. WBpro is under no duty to look at each customer's or user's activities to determine if a violation of the Hosting TOU has occurred, nor do we assume any responsibility through our General and Hosting TOU to monitor or police Internet-related activities.

b. First violation: Any User, which WBpro determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at WBpro's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

c. Second Violation: Users that WBpro determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

d. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation
WBpro reserves the right to suspend network access to any customer if in the judgment of the WBpro network administrators the customer's server is the source or target of the violation of any of the other terms of the Hosting TOU or for any other reason which WBpro chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

WBpro reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of WBpro must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification
WBpro wishes to emphasize that in agreeing to the WBpro Acceptable Use Policy (Hosting TOU) and Terms of Service (ToS), customer indemnifies WBpro for any violation of the Acceptable Use Policy (Hosting TOU) and Terms of Service (ToS) that results in loss to WBpro or the bringing of any claim against WBpro by any third-party. This means that if WBpro is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against WBpro, plus all costs and attorney's fees.

Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

a. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

c. WBpro takes no responsibility for any material input by others and not posted to the WBpro Network by WBpro. WBpro is not responsible for the content of any other websites linked to the WBpro Network; links are provided as Internet navigation tools only. WBpro disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

d. WBpro is not responsible for any damages your business may suffer. WBpro does not make implied or written warranties for any of our services. WBpro denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by WBpro.

e. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content
You, as WBpro's customer, are solely responsible for the content stored on and served by your WBpro server.

Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.

WBpro may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships WBpro has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by WBpro and not by the Third Party Vendor. Neither WBpro nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from WBpro or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither WBpro nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and WBpro with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.