CUSTOMER HOSTING PRODUCT AGREEMENT EXTENSION
MyWebGator International (hereinafter referred to as “Parent”) AND you (hereinafter referred to as “Customer”)
HAVE
entered into a Customer Master Agreement effective from August 6, 2022 of which this “Customer Hosting Product Agreement Extension” is a part.
WHEREAS Parent provides Web, Virtual Private Server (VPS) and Email Hosting Services;
WHEREAS the Customer wishes to place an Order for Web, VPS and/or Email Hosting Services (“Hosting Order”) through the Parent;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:
- Rights of Parent
While certain attributes of the Hosting Order may consist of unlimited resources, Customer recognises that the Hosting Order is a shared hosting service, and that the Parent has the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Hosting Order at any given time without notice in order to prevent degradation of its services, or incase of any breach or violation or threatened breach or violation of this Agreement, or incase Parent learns of a possibility of breach or violation of this Agreement which Parent in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Parent Products and the MWG, or to avoid any liability, civil or criminal, on the part of Parent and/or Service Providers, or for any other appropriate reason. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above. - Terms of Usage
Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and MWG Users, either directly or indirectly, shall not use or permit use of the Hosting Order, in violation of this Agreement, and for any of the activities described below –
A. General Terms
(1) For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to 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 Sites, MUDs/RPGs/PPBGs, 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.
(2) Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.
(3) Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
(4) Run any type of web spiders or indexers.
(5) Run any software that interfaces with an IRC (Internet Relay Chat) network.
(6) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.
(7) Participate in any P2P or file-sharing networks.
(8) Use excessive resources which in the Parent’s sole discretion result in damage or degradation to the performance, usage, or experience of MWG, other users, other orders, and any of Parent’s services.
(9) Use the email service for sending or receiving unsolicited emails.
(10) Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.
(11) Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name.
(12) Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name.
(13) Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.
(14) Run cron entries with intervals of less than 15 minutes.
(15) Engage in any activities related to purchase, sale or mining of currencies such as Bitcoin.
B. Web, Email Hosting Specific terms
(1) As a backup/storage device.
(2) Run any gaming servers.
(3) Store over 100,000 files.
(4) Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
(5) Run any MySQL queries longer than 15 seconds.
(6) Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders can only be used by a single Company or Customer to host websites that are fully owned by them. Certain relevant Documents, other than domain name whois details, with respect to company and domain names/website ownership will need to be presented when requested. Having the same whois details for all domain names in your Multi-Domain Hosting Order will not be enough to substantiate ownership.
(7) Store a large number of media files (audio, video, etc.), wherein the limit is at Parent’s sole discretion.
(8) Send over 100 messages per hour per user and/or 300 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.
(9) Purchase/use a Dedicated IP Address without installing an SSL Certificate.
(10) Violate the above Terms of Usage for a Hosting Order which comprises of the Do-It-Yourself website builder powered by Jigsy.com.
(11) Use more than 50% of the website’s disk space used by your Hosting order for storing emails.
(12) Use a WHMCS license issued by the Parent with any product/service other than the one for which it was issued.
(13) Store more than two website backup files.
(14) Use more than 5GB per database.
C. Additional Terms
a. WordPress Hosting:
WordPress Hosting uses a specialized server configuration to deliver an optimized WordPress hosting experience. Due to this custom configuration, the following additional terms apply to Managed WordPress Hosting accounts:
(1) WordPress Hosting is intended only for use with the WordPress software platform. The use of WordPress Hosting with any non-WordPress related software is unsupported and such use may not operate in accordance with the description of the service.
(2) Some WordPress add-on software is designed to function only on specific server configurations. Before installing any such software, customers are advised to contact Technical Support to ensure the desired add-on software will function in the WordPress Hosting environment. MyWebGator International will not be responsible for losses of any kind or downtime resulting from the installation of incompatible add-on software.
(3) Domain names hosted on WordPress Hosting servers must use MyWebGator International name servers for DNS resolution.
(4) We reserve the right to deny customer requests for changes to the standard WordPress Hosting configuration when we believe, in our sole discretion, that such changes to the configuration will severely inhibit the performance of the server.
(5) By installing WordPress, Subscriber acknowledges and agrees to (1) the Automattic Terms of Service located at (https://en.wordpress.com/tos/) with respect to Subscriber’s use of all Automattic products and services; and (2) the Automattic Privacy Policy located at (http://automattic.com/privacy/), including without limitation, Automattic’s collection of Subscriber’s data in accordance with the terms of its Privacy Policy.
D. Late Fees/Failure to Pay
According to the Mywebgator International Universal Terms of Service Agreement, if an invoice remains unpaid for seven days past the due date, the company reserves the right to impose a late fee. This late fee is currently set at LKR 2500 flatrate fee+10% of the invoice amount. If you fail to pay the fees due for the Services, we may suspend or terminate your Services and pursue any collection costs incurred by MyWebGator. Accounts will not be reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost User Content that results from any suspension or termination of the Services.
Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment, we do not automatically reactivate the dedicated servers. Contact MyWebGator directly after you make a late payment to reactivate the dedicated server.
E.Termination
MyWebGator may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due hereunder to MyWebGator; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm MyWebGator or others, cause MyWebGator or others to incur liability, or disrupt MyWebGator’s business operations (as determined by MyWebGator in its sole discretion); (iv) you are abusive toward MyWebGator’s staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, MyWebGator will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
F. Suspended Accounts
MyWebGator reserves the right to terminate any account that has been in a suspended or deactivated state for thirty (30) days which will result in the loss of all data stored on the account.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
G.Price Change
MyWebGator reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by MyWebGator through the user billing tool or through other methods of communication, including notices sent or posted by MyWebGator.
H. Limitation of Liability
MyWebGator SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE MyWebGator PARTIES 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 MyWebGator IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MyWebGator’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 MyWebGator 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. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, MyWebGator’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.