Terms of Service
Acceptable Use Policy
WebXion strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. The Acceptable Use Policy is available in order to provide a clear understanding of the rules, regulations and restrictions regarding the use of WebXion's services. PLEASE ABIDE BY IT STRICTLY . By using our hosting services, you agree to abide by the Acceptable Use Policy.
- We will not provide services for any unacceptable or inappropriate material as determined by WebXion 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 Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
- We will not provide services for hosting of files or other data that infringes on another's copyright or other intellectual property rights.
- We will not provide services for spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
- We will not provide services for uploading or linking to any content that violates another's right of publicity or privacy.
- We will not provide services for distributing hate speech, or any other content that is obscene, abusing, which could be considered libellous and defamatory.
- We will not provide services for hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
- We will not provide services for hosting large amounts of data not specifically tied ("linked") to your hosting account. WebXion encourages users looking for file storage/backup solutions to seek other services that specialize in this.
- We will not provide services for hosting, storing, or distributing pornographic material. This includes sites that may provide links to adult content elsewhere. In addition, our servers and services may not be used for the propagation, distribution, housing, processing, storing or otherwise handling in any way lewd, obscene, or satanic materials.
- We will not provide services to execute long-running, stand-alone, unattended server-side processes, bots or daemons
- We will not provide services to run any type of web spiders or indexers
- We will not provide services to run any software that interfaces with an IRC (Internet Relay Chat) network
- We will not provide services to run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent
- We will not provide services to participate in any P2P or file-sharing networks
- We will not provide services to run any gaming servers
- We will not provide services to run cron entries with intervals of less than 15 minutes
- We will not provide services to use the server as a Backup/Storage device
- We will not provide services to use the server for File/Data Archival Purposes
- We will not provide services to Store over 100,000 files on an account
- We will not provide services to constantly create and delete large numbers of files on a regular basis, or cause file system damage
- We will not provide services to use our system resources over 8%, including but not limited to memory, cpu, disk, network, and bandwidth capacity, for longer than 180 seconds in any consecutive 6 hour period.
- We will not provide services to run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
- We will not provide services to use excessive resources which in the WebXion's sole discretion result in damage or degradation to the performance, usage, or experience of Servers, other users, other orders, and any of WebXion's services
- We will not provide services to store a large number of media files (audio, video, etc.), wherein the limit is at WebXion's sole discretion
However, in accordance with our Terms of Service, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this Acceptable Use Policy. WebXion may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this Acceptable Use Policy may result in the suspension or immediate termination of your account or other services WITHOUT ANY PRIOR NOTICE.
WebXion requests that anyone with information about a violation of this Acceptable Use Policy, or of WebXion's Terms of Service, report it by sending an email to support@WebXion.com
Disproportionate loads placed on the server.
While our shared services are suitable for personal or small business customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 8% of the resources of the server's CPU for longer than 180 seconds. This means that if your website is found to be utilizing more than 8% of the CPU and/or memory of our server, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Abuse Desk with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Abuse Desk can be reached By email at abuse@WebXion.com
If WebXion is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if WebXion is found liable or pays to settle the dispute. In legal terms, this is called "indemnification" Not only do you agree to reimburse WebXion for what it pays to satisfy a judgment or settle a case, you also agree to pay WebXion's reasonable attorney's fees and all other costs WebXion incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. WebXion EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WebXion MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WebXion DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, WebXion cannot be held liable for it. IN NO EVENT SHALL WebXion BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR DAMAGES RELATED TO DATABASE CORRUPTION OR DELETION OF WEBSITE CONTENTS OR OTHERWISE, EVEN IF WebXion HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of WebXion due to your enrollment in the affiliate program.