Acceptable Use Policy ("AUP") and Service Standards

WestNIC (referred hereinafter as "WestNIC.net", "Company", "our", "we" and "us") is a web hosting company. All accounts on our web servers, including single-domain, reseller and resold accounts, are subject to the terms and conditions and acceptable use policy (referred hereinafter as "AUP", "Terms", "ToS", "Terms of Service") described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you (referred hereinafter as "Customer", "User", "Users", "You") have read, understand, and agree to be bound by terms and conditions below.

This AUP governs the use of WestNIC’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and WestNIC regarding the interpretation of this AUP, WestNIC’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, please contact legal@westnic.net.

1. User Conduct

Our services may only be used for lawful purposes — any use of these services which violates any laws which may apply to WestNIC, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

You may not publish or transmit via WestNIC’s service any content that WestNIC reasonably believes:

User may not:

Content "published or transmitted" via WestNIC’s service includes Web content, e-mail, bulletin board postings, chat, audio, video and any other type of posting or transmission that relies on any Internet service provided by WestNIC.

WestNIC reserves to the right to the final decision on what constitutes abuse.

2. Resource Usage, Services and Adult-Oriented Sites

Customer MAY NOT initiate the following on our servers:

Customer may not engage in illegal, abusive, or irresponsible behavior, including:

Customers are also required to abide by the following:

2a. Transfer Policy. WestNIC will make every effort to help you move your site(s) to our servers free of charge. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 90 days from your sign up date. Transfers outside of the 90 day free period will incur a charge; please contact support team with specific details to receive a price quote.

2b. Inodes / Disk Space Policy. The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users setting cron notifications to username instead of actual mailbox. Over time, tens of thousands of useless messages (or more) build up, eventually pushing the account past our inode limit. To disable cron notifications, login to cPanel and choose "Cron Jobs", then under "Cron Notifications" remove username or add valid LOCAL email address. Sending cron notifications to yahoo, msn or any other external provider will lead to account suspension.

2c. Zero Tolerance Spam Policy: WestNIC has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of WestNIC whether or not the message actually originated from our network.

Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.

Header Forgery: Forgery of email headers ("spoofing") is prohibited.

Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.

Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.

Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Company upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.

Mailing lists, newsletters and other bulk email: it's absolutely forbidden to send bulk email. Bulk, mailing lists and newsletters must be outsourced to third party ISP who specialize on bulk mail delivery.

2d. IPv4 usage.

As you likely know, the American Registry for Internet Numbers (ARIN) received its last IPv4 allocation from the Internet Assigned Numbers Authority (IANA) in February: http://en.wikipedia.org/wiki/IPv4_address_exhaustion

In an effort to extend the availability of IPv4 address space, ARIN has begun requiring providers like WestNIC to provide more rigorous justification for requests of additional IPv4 address allocations. In order to make WestNIC's available IPv4 space last as long as possible for customers who need it, we have adopted new IPv4 address sales policies, such as the new IPv4 request justification requirements announced on May 31st 2011:

1. Submit separate ticket to support.westnic.net with domain name (added via WHM, no cPanel addons accepted) or list of domains.

2. Provide a reason why you need an IP. Please keep in mind that your IP request will be forwarded to ARIN, so please justify IP usage. Bad reason: conservation / IP reservation, SEO, mailing campaign etc. Your request may be refused by ARIN.

ARIN runs quarterly audits on our IP space utilization. Dedicated IP (IPv4) may be reclaimed at any time with or without notice if not utilized properly. This policy also applies to websites with expired security certificates or sites with self-issued security certificates.

3. Personal Security

Customer must take reasonable security precautions. Customer must protect the confidentiality of server's password, and should change password periodically, at least once per 3 months using WHM or cPanel "Password generator tool". It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account.

Customer should not use regular POP3, SMTP and FTP channels. WestNIC provides secure mail and FTP in additional to regular ports.

4. Backup Policy

We run automatic weekly onsite and monthly offsite backups of your data. In the event of permanent data loss, a restoration may occur that will recover your lost files for additional fee of $10 per website. Availability of backups is not guaranteed.

Offsite Backups are run monthly. However, we would like to stress to all Customers how important it is to keep local backups on local computer or removable media. Reason being that there are instances where backups will run and replace Customer's backup from the previous week. If Customer have changed something since then and need that backup, chances are we will not have it. So always keep backups stored on local computer! We make no guarantees about the availability of backups. WestNIC is NOT responsible for files or any data residing on your account.

Customer must not leave backup files on the server. All backups must be generated via cPanel, downloaded to personal computer, then removed off the server within 48 hours. Old backup files will be purged without notice in order to avoid unnecessary server load associated with weekly offsite backup.

Any shared account using more than 5 GB of disk space will be removed from our offsite weekly backup servers. However, we may schedule full site backup (up to 50 GB of data) upon request. This service is free of charge and provided "as is".

5. Indemnification

Customer agrees to indemnify and hold harmless WestNIC and the employees and agents of WestNIC (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

6. Limitation on Company Liability

WestNIC shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. WESTNIC SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.

7. Arbitration

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

8. No Warranties

Any WestNIC material on this server may include technical inaccuracies or typographical errors. WestNIC has the right to make changes and updates to any information contained within this server without prior notice.

THE INFORMATION PROVIDED ON THIS SERVER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY WESTNIC, INC, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER WESTNIC NOR ITS AFFILIATES WARRANTS THAT THE INFORMATION ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Sharing of account space & resale restrictions

Shared account holders may not resell web hosting to other people. If you wish to resell web hosting services, you must use a reseller or semi-dedicated accounts.

You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You understand that as a reseller, you are the individual solely responsible for all use of the account.

10. Refusal or Discontinuation of Service

WestNIC reserves the right to refuse or discontinue service to anyone at WestNIC's sole discretion. WestNIC may deny you access to all or part of the service without notice if you engage in any conduct or activities that WestNIC in its sole discretion believes violates any of the terms and conditions in this agreement. WestNIC shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that WestNIC has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. WestNIC reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. WestNIC also reserves the right to refuse refunds in cases where WestNIC believes abuse has taken place.

11. Payment & Other Information

Customer agrees to supply appropriate payment for the services received from WestNIC, in advance of the time period during which such services are provided. Customer agrees that until and unless Customer notify WestNIC of Customer's desire to cancel any or all services received, those services will be billed on a recurring basis.

Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 days of notice. Subscribers failing to secure payment within 5 days of notice will incur service interruption and $10 reconnection fee.

WestNIC is not responsible for data integrity on equipment reclaimed for non-payment.

12. Money Back Guarantee

Each hosting plan includes a full 90-day money back guarantee.

Our web hosting plan (except semi-dedicated and dedicated servers) include a 90-day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund if you cancel your account within 90 days of the activation of your account.

Our refund policy does not apply to any additional items or services. Also not included are Domain Parking Services, Domain Registration, Semi-Dedicated and Dedicated Servers and any additional services such as overages, disk space, SSL, bandwidth, maintenance fees. No refunds are available after 90 days. No refunds are available after account upgrades or downgrades. Any request for cancellation must be received via Support Desk (address: https://support.westnic.net) and you will receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email are not accepted.

Accounts cancelled/terminated by WestNIC for violating our Terms of Service do not qualify for the 90-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be elegible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact our customer service department. Please note that refunds will be made within 14 business days from cancellation date.

From time to time WestNIC gives free Dedicated Security Certificates (SSL) to new customers. If you cancelled your account within 90 days and already installed free Security Certificate from us, $29.00 fee will be subtracted from refund because Security Certificate belongs to domain holder and valid for full year (12 months).

13. Service Cancellations

Service Cancellations (shared web hosting and reseller hosting accounts) must be submitted using the trouble ticket system located at Support Desk: support.westnic.net at least 5 days before the end of the billing cycle.

Service Cancellations (semi-dedicated and dedicated servers) must be submitted using the support ticket system located at Support Desk: support.westnic.net at least 10 days before the end of the month. 90-day money back guarantee doesn't apply to semi-dedicated and dedicated servers. Please keep in mind that we ofter offer risk-free 30-day dedicated server trial (you may cancel your dedicated server within support.westnic.net at least 10 days before the end of the month and we will cancel subscription).

Cancellations over the telephone and informal email are not accepted.

14. Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

WestNIC will terminate the service of repeat copyright infringers.

15. Copyright Infringement Notice
(Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the WestNIC network, please send your written notice of copyright infringement to:

P.O. Box 301040
Brooklyn, New York 11230
ATTN: Robert Gordon, LE Division

Your notice must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WestNIC to locate the material;

Information reasonably sufficient to permit WestNIC to contact you, such as an address, telephone number, and, if available, an e-mail address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;

A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

16. Agreement Acknowledgement

This agreement supersedes any written, electronic, or oral communication you may have had with WestNIC or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

By placing and continuing to maintain or place information on WestNIC' servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

17. Governing Law

This Agreement, and all future agreements Customer may enter into with WestNIC, unless otherwise indicated on such other agreement, will be governed by the laws of the State of New York, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with WestNIC in New York or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, Customer agrees to submit to the personal and exclusive jurisdiction of the courts located within the County of Westchester, New York. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

18. Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the WestNIC network.

19. Disclaimer

WestNIC is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the WestNIC network.

WestNIC reserves the right to revise its terms of service / acceptable use policy at any time without prior notice.

Inquiries regarding this policy should be directed to legal@westnic.net.

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