Web Hosting Terms and Conditions
Of Service (WH-TOS)

This terms and conditions agreement is between WEBNETAVE.COM (hereinafter referred to as "Parent") AND you (hereinafter referred to as "Customer")

By signing up for a web hosting service or email hosting service, Customer is agreeing to the following Terms and Conditions of Service:
WHEREAS Parent provides Shared Web Hosting, Cloud Web Hosting, WordPress Cloud Web Hosting, Virtual Private Server Hosting (VPS) and Email Hosting Services;

WHEREAS the Customer wishes to place an Order for Shared Web Hosting, Cloud Web Hosting, WordPress Cloud Web Hosting, Virtual Private Server Hosting (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:

1. Rights of Parent

While certain attributes of the Hosting Order may consist of unlimited resources, Customer recognizes 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 in case of any breach or violation or threatened breach or violation of this Agreement, or in case 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, 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.

2. Terms of Usage

Customer, or its contractors, employees, directors, officers, representatives, agents and Webnetave Account 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 OrderBox, 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. CPU, Bandwidth and Disk Usage

Permitted CPU and Disk Usage.

All use of hosting space provided by Webnetave.com is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space shall only be used for: (i) web files; (ii) active email; and (iii) content of User Websites.

However, Web hosting space may not be used for any activity not listed above, including but not limited to: (i) storage of media, emails, or other data as determined by the service providers; or (ii) offsite storage of electronic files, email or FTP hosts; (iii) gaming server; or (iv) to store over 100,000 files; or (v) run MySQL queries longer than 15 seconds; or (vi) use more than 50% of your website’s disk space for storing emails.

Email Disk Space.

Notwithstanding the above, your email storage cannot exceed 10 GB of disk space used by your Hosting order, even if it is within the aforesaid 50% of your website’s disk space or (vii) use more than 5 GB or lesser based on the offering per database.

We expressly reserve the right to review every shared account for excessive usage of CPU, disk space and other resources which might affect the stability, performance and up-time of our servers, storage and network that may be caused by your violation of this Agreement or the Acceptable Use Policy or otherwise.

If you are in violation of the above, we may, in our sole discretion require you to upgrade your package, or move to a VPS or Dedicated server (depending on which package would meet your needs) or terminate access to the Services or remove or delete User Content for those accounts that are found to be in violation of this Agreement and other policies. Please note, Dedicated and VPS usage will be limited by the resources allocated to the specific plan that you purchase.

Bandwidth Usage.

Bandwidth usage is unmetered on shared and cloud hosting services. Additionally, specific limits on the services have been mentioned on the product that you purchase, which include but are not limited to Shared hosting, Cloud hosting, WordPress hosting, VPS, Dedicated and Email hosting. If we encounter any website/package/order/customer consuming more than 25% of the system resources for more than 90 seconds which might affect the stability, performance, and up-time of our servers, storage and network, we may require to you upgrade your package, or move to a VPS or Dedicated server, or we may take action to restrict the bandwidth or other resources applicable for your website/package/order/account.

C. WordPress Cloud 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. Webnetave.com 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 Webnetave.com 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.

3. HIPAA DISCLAIMER: The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Webnetave.com does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Subscribers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using the Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination.

4 DATA BACKUP:  We strongly recommended that you make use of CodeGuard for reliable and inexpensive offsite back ups. With VPS, Dedicated servers, Managed Servers, Cloud Hosting and all Email services, Webnetave.com does guarantee any backups that can be restored on a per server or package basis. Backing up your data whether it be website files, documents, emails, or databases is the responsibility of the customer. Registration, if possible, is on a best effort only basis and Webnetave.com does not guarantee data backups in any manner. The Webnetave.com Backup Policy also applies as included in this agreement which you will find at https://webnetave.com/backup-policy/.

5 Shared Hosting Plans:

Periodic backups of data on the shared hosting servers, and email infrastructure are completed but the final responsibility for all backups of the data on your shared hosting packages rests with the customer. Webnetave.com strongly recommends that you take periodic backups and store them at your end so that you have multiple options in case of necessity for a restore. You may request for a backup of the last 7 days (from the date of request) and in most cases we will be able to provision this from our disaster recovery backups. However, this is not a part of the core hosting services nor responsibilities and is merely a last resort. Best effort only is to help you out, but backups provisioning and restoration is an extremely time and resource intensive process and hence we can only promise a best effort service in this regard. A cost may be associated.

6 WordPress Cloud Hosted Plans:

Customers hosted on a Cloud WordPress Plan, under management of Webnetave.com, includes CodeGuard Backup Service giving a level of confidence to our customers in case of an extremely rare negative server or network event. Even then, backups are never a guaranteed service by nature of the services. Please note that CodeGuard does not backup email services.

7 Cloud Hosted Plans:

For customers hosted on a Cloud Hosted Plan, backups are never a guaranteed service by nature of the services. Consider adding a CodeGuard Backup Plan which you can purchase on our website.

8 Your use of the Services is at your sole risk:

Webnetave.com does not maintain backups of dedicated accounts or the Services purchased by you. You should not rely on the Webnetave.com for backup. It is solely your responsibility to maintain backups. Webnetave.com is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on the servers. This is why we strongly recommend that every WordPress Cloud Hosting Plan include CodeGuard Backup Solution.