WEBFUNDAMENT Terms Of Service

WEBFUNDAMENT provides web hosting, domain registration and dedicated servers services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients who use services of
WEBFUNDAMENT are subject to the following terms of service:
Indemnification Policy
You agree to use all WEBFUNDAMENT services and facilities at your own risk. WEBFUNDAMENT specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall WEBFUNDAMENT be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold WEBFUNDAMENT harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against WEBFUNDAMENT, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless WEBFUNDAMENT against liabilities arising out of: Any injury, damage or loss to a person or property caused by any products sold or otherwise distributed in connection with WEBFUNDAMENT’s server. WEBFUNDAMENT reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from WEBFUNDAMENT’s server. WEBFUNDAMENT shall be the sole judge of what violates this Policy.
Billing, Cancellation and Refund Policy
As a customer of WEBFUNDAMENT you agree to submit or supply a payment for the rendered services in advance, on the billing date set by WEBFUNDAMENT. You agree that these services will be billed on a recurring basis (if recurring payment option was chosen during registration or renewal of the appropriate hosting package, dedicated server package or domain name package). You must notify WEBFUNDAMENT at least 7 days before the next automated renewal date if you wish to cancel the recurring payments without any further recurring charges (WEBFUNDAMENT shall not be held responsible for recurring automated payment if notified less than 7 days before the next subscription payment date, and this payment will not be refunded).
Cancellations and refunds:
WEBFUNDAMENT provides a 30 day money back guarantee for new account registrations (refunds for renewed accounts are not available) under these following conditions:
In the event of an account cancellation within first 4 days of Registration, subscriber will receive a full refund. If there was a free domain name provided with such, the domain name will be deleted from the registrar. Subscribers who cancel the accounts 4-30 days after the initial registration date may receive a full refund for the shared and reseller hosting, except the event when there was a free domain name provided with the respectable package. Fees which were initially paid by WEBFUNDAMENT for the domain name offered for free for the subscriber with the hosting package are not refundable and will be deducted from the total refund that is sent to the subscriber. Such fees for the domain name registration are fixed to $10.00. If the subscriber submitted an initial payment smaller than $10.00, then a refund is not available. WEBFUNDAMENT will not hold the subscriber accountable for the difference from his initial payment and $10.00, if the subscriber’s initial payment was less than $10.00. Subscribers may cancel the account at any time. All subscribers who cancel the accounts after 30 days of the initial payment are not subject to a full refund and all such requests will be denied.
Subscribers who wish to cancel the account have to contact WEBFUNDAMENT from the “Support Tickets” in their Client area with a cancellation request. Such cancellation request will be revised by WEBFUNDAMENT staff members and then a final confirmation to cancel the account will be sent. Account cancellation will be processed only when the final confirmation from the subscriber will be sent (initial cancellation request will not be held as a final confirmation under any circumstance for security reasons).
If a confirmation to cancel the account is not sent by the subscriber, then the account cancellation will not be processed and the account will remain active. Any active subscriptions will be left intact.
After the account is cancelled, no further billing on the account will be made. All files, settings and any other information related to the subscriber account will be removed from WEBFUNDAMENT servers.
Chargeback Policy:
If a subscriber issues a chargeback before following the regular cancellation procedure, WEBFUNDAMENT reserves a full right to disable the respectable account instantly for security reasons. If the subscriber wishes to reactivate the respectable account, he will be held responsible for any and all billing service fees which may arise while handling the chargeback. The fees for WEBFUNDAMENT subscribers are fixed to $50 for each chargeback he has issued.
Payment Methods:
WEBFUNDAMENT uses PayPal payment processor. Clients may submit a payment with a valid credit or debit card or by using the balance of his/her PayPal account. WEBFUNDAMENT accepts payments from Verified and from Unverified PayPal accounts, which generally means that the client may either use the funds on the credit / debit card attached to PayPal (verified PayPal) or the balance on his PayPal account (Unverified) to submit the payment for the services provided by WEBFUNDAMENT. Please mind that The funds on client Unverified PayPal account will need to be converted from any other currency to US dollar currency prior to submitting a payment.
Fraudulent Payment Policy:
If a payment on a client account is marked as fraudulent (such payments are reversed on the payment gateway), then WEBFUNDAMENT reserves the full right to stop any service provided to the client (including other accounts and other payments submitted by the same client) until the issues with the payment are solved. If the client refuses to solve issues with the payment which is marked as fraudulent WEBFUNDAMENT reserves the full right to delete all accounts and stop payment subscriptions provided to the client without any refund for security reasons.
Late Payment Policy:
All accounts are billed according to the dates they were first activated on. Accounts which are not renewed 5 days after the renewal date will be disabled. If the account is not renewed in 30 day period after the renewal date set on the account, then it will be terminated and all files will be removed. Subscriber will receive notifications if there is any action to be taken on his respectable account.
Account Access Policy:
When a client registers any type of account with WEBFUNDAMENT, the client will be held liable for the client identification information that is provided: a) Name and Surname of the Client b) Client Address c) Company details d) e-mail address. WEBFUNDAMENT will assume all of this information is provided correctly and may use this information to contact the client if such need arises. Some of the information on the account will be generated automatically (username, password, payment ID’s). Client may access the account at any time if he has access to the initial e-mail account that he used to register the account on WEBFUNDAMENT. If the client claims that he has no access to the respectable e-mail account and that he has no way to recover the password set on the account, he will need to provide us with the last payment date and payment ID’s on which the payments were made, as well as full client name (name and surname), and full client address set on the respectable account.
Client acknowledges and accepts this procedure and access policy and agrees not to bring any claim of a lawsuit against WEBFUNDAMENT arising out of this said policy and procedure. WEBFUNDAMENT will not be held liable for any damage or liability that may have arise out of following policy and procedure.
In the event when there is more than one person claiming rights to the same account, who may or have provided the information which may provide them access to the respectable account following the WEBFUNDAMENT policy and procedures, then WEBFUNDAMENT is not obligated to provide access to any of the parties. Also, WEBFUNDAMENT is not obligated to solve any kind of such disputes and may solely decide who to provide access to according to internal information and historical data that may have been collected about the user, based on the usage on the respectable account.
Confidentiality:
WEBFUNDAMENT will not share any of it’s client personal information to any third parties not related to WEBFUNDAMENT. Some of the client data may be forwarded on the following exceptions:
Upon new domain registration via respectable Hosting domain registrar, Client Information will be sent to domain registry and may appear on WHOIS based sites unless the client chooses to turn on Domain Privacy from WEBFUNDAMENT Members Area. If domain privacy is turned on, then Client Information will not be displayed on WHOIS based sites, however it will still remain on the Domain Registry for security reasons. WEBFUNDAMENT will respond to court orders or other legal processes and may provide relevant information to relevant parties about the client on such a case, but will inform the end client about such process and will wait for a valid response from the end client before sending out the information to the respectable party. If the client who owns the related account fails to respond in 15 days we will send out the information to the respectable party without the confirmation of the client. Third Party Providers – some of the information will be sent to third-party providers such as Payment Gateways, Domain registrars, Additional Service providers (Website Builder, Cloudflare, cPanel, Attracta). WEBFUNDAMENT will solely choose which third-party providers to send client information to. This depends on the services that will be offered by the third-party to WEBFUNDAMENT clients, however no client information will be sent to third-parties not related to WEBFUNDAMENT services. Certain services provided by WEBFUNDAMENT are resold. Thus, certain equipment, routing, software, and programming used by WEBFUNDAMENT are not directly owned or written by WEBFUNDAMENT. WEBFUNDAMENT shall not be responsible for any changes in services provided by a 3rd party provider, also will not be held liable for any damage or loss which may arise from service disruption provided by a 3rd party provider. WEBFUNDAMENT will show highest interest to make sure that that services provided by a 3rd party are running smoothly and correctly, and will contact the 3rd party provider when changes or fixes are needed, however the time needed for any fix or alteration will not be decided by WEBFUNDAMENT and WEBFUNDAMENT will not be held liable for any fixes or alterations to be performed on a product provided by a 3rd party in a definite time frame.
“Unlimited” Usage Policy:
WEBFUNDAMENT offers some of it’s hosting packages with “Unlimited” amount of resources for specific options (disk drive space, bandwidth, domains per account, and others listed in the features page). This means that WEBFUNDAMENT will not set a specific cap for these resources and client will be able to use these resources as needed, however WEBFUNDAMENT does use a fair usage policy which applies to all accounts. WEBFUNDAMENT Fair Usage Policy implies that if the client uses the resources of the shared server to the extent where he is negatively affecting other users hosted on the same server, the resources may be capped or in some cases, but not necessarily, respectable account may be disabled before client upgrades his account to a package more suitable for his needs or fixes the issues so the resource usage on his account stops to negatively affect other users on the same shared server.
By the term “Unlimited Space” WEBFUNDAMENT means that it will not set a cap on the amount of files the user may host on his account, however the space on the hosting account cannot be used for: Backup storage, Online storage, File sharing services, Movie storage, Photo storage, Software storage, Copyrighted content storage, Illegal, Abusive or Offending file storage, Document Archives or any other type of Archive, File Backups (with the exception of a single cPanel backup generated from your cPanel), log files, etc. WEBFUNDAMENT reserves the right to remove such files from the user account with or without notice to the client. WEBFUNDAMENT also reserves the right to remove any single files larger than 1GB from the user account regardless of the content of the file with or without notice to the client. WEBFUNDAMENT also reserves the right the clean up a user account by removing files which fall under the criteria of files that may not be hosted on WEBFUNDAMENT accounts, if there are more than 250.000 files on a single account, with or without notice to the client. WEBFUNDAMENT also reserves the right to disable the account which holds more than 250.000 files until the relevant shared hosting account is upgraded by the client to a vps service where such limitation is not applied.
Acceptable Use Policy:
All services provided by WEBFUNDAMENT may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States 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 WEBFUNDAMENT and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. WEBFUNDAMENT reserves the right to determine what is and what isn’t acceptable for our servers. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
CGI Scripts:
Each account comes with its own cgi-bin. Client is free to use any CGI scripts you wish, however WEBFUNDAMENT reserves the right to disable any CGI script that effects normal server operation without prior warning.
Banned Scripts or website types:
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. Hosting any type of these sites will result in instant account suspension until the content is removed. On the case that the content was uploaded willingly by the client, WEBFUNDAMENT reserves the right to terminate the account without the possibility of a refund (even if the 30 days have not yet passed on the account). If the content was uploaded by a 3rd party (hackers, abusers which intend to take the client site down), then WEBFUNDAMENT will inform the client about the abusive content. WEBFUNDAMENT also reserves the right to remove such content from user account without prior notification. Banned scripts and website types listed below:
IRC scripts, eggdrops, bots Proxy server scripts (also any other script which operates as proxy) Mail bomber and spam scripts IP spoofers and port scanners Pirated Software or any form of warez Image Hosting Scripts (like imgur or Photobucket) AutoSurf site scripts PPC site scripts PTC site scripts Bruteforce Programs or scripts File sharing, dump and mirroring service scripts (like mega, rapidshare) Top sites generator scripts Illegal drug or any other substance or product not allowed to be sold in US or Contraband related sites Sites distributing copyrighted content without proper licenses Gambling sites Hacker programs, credit card dumps, hacker focused sites Forums distributing warez or any other illegal content Fraudulent sites (fake banking services, fake login pages, any other site mining information in illegal ways) Viruses, trojan horses, mass ping, ddos, udp or tcp flood scripts, or other kind of desctructive scripts Child pornography (If WEBFUNDAMENT is to locate child pornography willingly uploaded to a client account, then the client account will be terminated instantly without any possibility of a refund) Any kind of abusive content found on our servers should be reported to abuse@webfundament.com. WEBFUNDAMENT will handle any abuse report with the highest priority and interest. WEBFUNDAMENT will not be held liable for any damage or loss that may have arisen from content uploaded to client accounts or actions performed by scripts on such accounts on our shared or dedicated servers. Client who is the account owner takes full responsibility of the whole account content and all actions that are performed on the respectable account, also takes full responsibility for any and all of damages or losses that may arise from his account content or actions performed by scripts on his account.
Background Running Programs:
Background daemons on shared hosting accounts in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed. Background programs on Dedicated servers are allowed and do not generate any extra charges in general.
Commercial Advertising and Spam E-mails:
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $10.00 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.
LIMITATION OF LIABILITY:
WEBFUNDAMENT shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from WEBFUNDAMENT servers going off-line or being unavailable for any reason whatsoever. Furthermore, WEBFUNDAMENT 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 WEBFUNDAMENT servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to support@webfundament.com. All complaints will be investigated promptly.
DISCLAIMER:
WEBFUNDAMENT intends to provide the best possible web hosting service to each of its clients. WEBFUNDAMENT shows the most interest to use the latest technologies and solutions to make the service provided to the end client the best possible. However, WEBFUNDAMENT cannot be held liable for any system downtime, crashes, or data loss that may happen on the servers. Also, WEBFUNDAMENT will not be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. If any terms or conditions are failed to be followed, the account in question may be automatically deactivated by WEBFUNDAMENT. WEBFUNDAMENT retains the right to change, modify or delete any or all of the above Terms, Policies, Guidelines, and Disclaimer with or without prior notification.