TOS And AUP
Terms of Services:
All services provided by WintelWeb ("WintelWeb") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless WintelWeb from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to WintelWeb' servers, or any other server on the Internet. Links to such materials are also prohibited.
Money back guarantee:
If you have questions about your purchases or any other issues we can help you out with it. In case , if you see , you’re not fully satisfied with your product, we offer a no-hassle 100% Money Back Guarantee within the first 30 days.Cloud VPS, Cloud Dedicated or Dedicated servers, doesnt have a refund.Not to be confused about our VPS servers.The Cloud VPS and VPS are different products, since the Cloud VPS plans are based on Cloud Studio.*After the first 30 days, if you have not exercised the 30 Day Money Back Guarantee, your service shall continue at the term that you selected at the time of sign up.
Dispute Resolution:
The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this project. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and the response shall include (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within thirty (30) days after delivery of the disputing party’s notice, the executives of both parties shall meet at a mutually acceptable time and place to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. In the event the parties cannot reach a satisfactory settlement under the aforementioned process, they each agree to present the dispute to non-binding mediation before a mutually agreeable neutral mediator at a mutually agreeable neutral site.
If mediation is not successful, the parties may proceed to binding arbitration or litigation.
Personal Information
Service Provider represents and warrants to Client that in connection with the receipt, storage, use and/or transfer of Personal Information, it shall (a) at all times maintain the confidentiality of Personal Information provided Service Provider or otherwise disclosed to Service Provider in connection with the provisions of Services under this Agreement, and (b) maintain appropriate security measures that are in compliance with data protection regulations promulgated under applicable state and federal laws of the United States. For the purposes of this section “Personal Information” means the first and last name or first initial and last name of an individual together with one or more of the following relating to such individual: (i) Social Security number; (ii) driver’s license number/state-issued identification number; or (iii) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number, or password, that would permit access to the account.
Data protection
We comply with the rules of data protection, in particular if we are granted access to the Customer’s operation or hardware and software. We ensure that our agents also comply with these provisions, in particular we oblige them to maintain data secrecy before commencing their activities. We do not intend to process or use personal data on behalf of the Customer. If the Customer cannot exclude access by us to its personal data, the parties will conclude an agreement for data processing. Please contact us in the latter case.
Defects in support services
1. The support services are subject to the statutory provisions on service contracts (§§ 611 ff. BGB).
2. Our company shall only be liable for damages due to a defect in our support services within the limits specified in Article 4.2.
3. Any hardware failures , WintelWeb would be taking care of it but problems impacting server due to softwares/apps/websites will have to be to taken care of by client.
Examples of unacceptable content or links:
Pirated software
Hacker programs or archives
Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE.A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, WintelWeb WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Traffic Usage:
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.
IRC:
We currently do not allow IRC or IRC bots to be operated on our servers.
Server Abuse:
Any attempt to undermine or cause harm to a server or customer of WintelWeb is strictly prohibited. As our customer, you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without any prior notice.Notifications would be sent upon receiving any abuse,which must be actioned in estimated time.
Failure to do so and failure to confirm will lead to suspension immediately.Second abuse received for your services,shall lead to direct termination,with no notifications.
Refusal of Service:
We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers/other servers of WintelWeb must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Billing:
By the Account Activation Date of each month, WintelWeb shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month.
When an invoice is delivered to the client, payment shall be remitted to WintelWeb by no later than the specified payment due date. WintelWeb shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Service Fees:
Certain services carry a setup fee charged by WintelWeb to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to WintelWeb and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Cancellations:
We require 30 days’ notice for a cancellation. Cancellation requests should be sent via client account area, submitting the helpdesk ticket. Legal proof such as billing password or last 4 digits of CC in records would be required for verification, for such request. Requests to cancel accounts won’t be processed via live chat or phone calls.
Refusal of Service:
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability:
WintelWeb shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from WintelWeb ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, WintelWeb shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of WintelWeb ' servers. All damages shall be limited to the immediate termination of service.
Violations:
Violations of these Acceptable Use Policies should be referred to sales@WintelWeb.com .All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Account Activation:
By activating your account with WintelWeb, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee:
WintelWeb guarantees 99% service uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.
WintelWeb reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
Privacy:
WintelWeb has created this privacy statement in order to demonstrate our firm commitment to privacy.
The following discloses the information gathering and dissemination practices for this Web site.
Information Automatically Logged: We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.
Order Forms:
Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us. Contact information from the order forms is used to get in touch with the customer when necessary. Billing information that is collected is used to bill the user for services. Unique identifiers are collected from Web site visitors to verify the user's identity. Demographic and profile data is also collected at our site. We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.
Security:
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.
Third Parties:
Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION,ETC.
Contacting the Web Site:
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: abuse@WintelWeb.com
Data Privacy
When using WintelWeb’s services, the customer maintains ownership of the Customer Data and controls how such data is accessed and controlled. WintelWeb has no knowledge of the types of data that a customer stores in our hosting environment. Therefore, all customers are responsible for ensuring compliance with applicable laws and regulations to protect such information.
Acceptable Use Policy :
As a provider of web site hosting and other Internet-related services, WintelWeb offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. WintelWeb respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, WintelWeb reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, WintelWeb has developed an Acceptable Use Policy ("AUP"),which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using WintelWeb' services. This AUP will be revised from time to time. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that WintelWeb cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because WintelWeb cannot monitor or censor the Internet, and will not attempt to do so, WintelWeb cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that WintelWeb does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over WintelWeb' network and may reach a large number of people, including both subscribers and non-subscribers of WintelWeb, subscribers' postings to the Internet may affect other subscribers and may affect WintelWeb' goodwill, business, reputation or operations. For these reasons, subscribers violate WintelWeb policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
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 WintelWeb, but also because it can overload WintelWeb' network and disrupt service to WintelWeb' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, WintelWeb 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 WintelWeb reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should WintelWeb choose to pursue and prosecute.
Behind WintelWeb is a team of over 250 experienced administrators, engineers, and technicians committed to empowering you. We're here to make your life easier, so you can concentrate on what you do best – creating exceptional online experiences. Together, we'll fuel your business potential and reach new heights of innovation and achievement in the digital realm.
Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, WintelWeb does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
Adult-Oriented Content:
WintelWeb does not allow adult content and will suspend/terminate any offending account.
Large File Policy:
WintelWeb 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 sales@wintelweb.com
Obscene Speech or Materials:
Using WintelWeb' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. WintelWeb 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 WintelWeb' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. WintelWeb 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.
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.
Usenet Groups:
WintelWeb 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.
Other Activities:
Engaging in activities, whether lawful or unlawful, that WintelWeb 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. WintelWeb will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with WintelWeb' policy or applicable law. However, when WintelWeb 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 WintelWeb.
WintelWeb is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching WintelWeb' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. WintelWeb does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. WintelWeb reserves the right to directly take action against a customer of its subscribers. Also, WintelWeb may take action against the WintelWeb' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, WintelWeb anticipates that subscribers who offer Internet services will cooperate with WintelWeb in any corrective or preventive action that WintelWeb deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of WintelWeb policy.
WintelWeb will not intentionally monitor private electronic mail messages sent or received by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. WintelWeb may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, WintelWeb 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. WintelWeb assumes no 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, WintelWeb may disclose subscriber information or information transmitted over its network where necessary to protect WintelWeb and others from harm, or where such disclosure is necessary to the proper operation of the system. However, WintelWeb will never sell information to other services or outside companies.
WintelWeb 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 WintelWeb policy. Finally, WintelWeb wishes to emphasize that, in signing the Service Agreement, subscribers indemnify WintelWeb for any violation of the Service Agreement, law or WintelWeb policy resulting in loss to WintelWeb or the bringing of any claim against WintelWeb by any third party. This means that, if WintelWeb 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 WintelWeb, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including WintelWeb and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to sales@WintelWeb.com.