www.WhiteWidows.com - Terms of Service Agreement

WhiteWidows.com 'Terms of Service Agreement' - Contractual Agreement.

•This agreement is a legally binding Contract between You, 'the Customer', and 'WhiteWidows.com', its' owners, administrator/s, agents, operators, suppliers and assigns. Your use (and ordering) of any service, product (or other) from or via WhiteWidows.com constitutes full and total acceptance of these Terms and Conditions.

•Your use, and continued use, of Any account provided by WhiteWidows.com is subject to this 'Terms of Service Agreement' that you are required to electronically agree to when you apply to setup Any account with WhiteWidows.com

•It is your responsibility to check for regular updates to this Contractual Agreement, constituting a contract between you and the owners and operators of WhiteWidows.com and all upstream providers.
You can always read an up-to-date copy of this agreement at the following URL:
http://www.WhiteWidows.com/termsandconditions.htm

WhiteWidows.com reserves the right to revise its policies at any time without notice.

•1) Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is Not @ the domain(s) you are signing up under as we may not be able to e-mail to a working e-mail address, for example; because of domain name or name server issues. You are required to submit your order with a full domain e-mail address e.g. Username@WhiteWidows.com - the use of free web-based e-mail accounts is Not acceptable e.g. someone@Yahoo.com
If you wish to use Adult content on your site/s, Please sign-up for the appropriate hosting plan i.e. "Adult Plan".

•2) Content
All services provided by WhiteWidows.com may only be used for lawful purposes. Legal content is accepted in this agreement as being legal under local, national and International Law. Primarily the Laws of the State of Florida, the State of Texas, and the United States of America apply and, secondly, under the Law/s of England and Wales and Acts of Parliament (UK).
"Illegal" includes, but is not limited to: Copyrighted material, material we judge to be threatening or obscene, pornography. Furthermore: distressing, obscene or hateful e-mails are illegal for the purposes of this Agreement and will be classed as a breach of this Agreement and your account will be terminated or suspended, without notice or refund.

The customer agrees to indemnify and hold harmless WhiteWidows.com its' owners, administrators, agents and suppliers from any claims, civil or criminal, resulting from the use of our services. You agree to indemnify us against any legal or official proceedings anywhere, and at any time. You agree not to bring any civil or criminal action against WhiteWidows.com or assigns.

Examples of unacceptable material:

IRC Bots - 'bots' of any description unless approved in Writing by WhiteWidows.com beforehand.
Warez Sites, or promoting links to such websites or URIs
Pirated Software or links promoting such sites or URIs/URLs
Hate sites or defamatory sites
Political websites or e-mails that are deemed by WhiteWidows.com to be a nuisance or to incite unrest.
Hack programs and archives - serials, cracks and keygen sites, or linking to ANY type of similar sources by any means - e.g. FTP/HTTP etc.
Proxy and Proxy sites, CGI Proxy - NONE of these are acceptable on our server/s and under any account in any form.

Whilst adult material is permitted under certain plans with WhiteWidows.com, this is NOT a license to provide adult content which is illegal, obscene or offensive. Consensual sex between a man and a woman; a woman and a woman or a man and a man may be depicted but you MUST check with WhiteWidows.com to verify that the content of your site is allowed and acceptable to WhiteWidows.com - if you do not check with us your server account may be terminated immediately and under no circumstances will a refund be issued. Please use online programs (e.g. PICS) to label your site as an adult one and keep the children of our world safe. We will ALWAYS inform the please of any pornography relating to, or involving, any minor - minimum of eighteen years and twenty-one years where the Law dictates. It is YOUR responsibility to ensure that you are FULLY complying with the Law in your state, area, region, province and country. Under no circumstances will WhiteWidows.com be held liable in any criminal or civil matter regarding ANY type, or kind, of pornography - virtual or not. Please note that this includes both fantasy scenarios, text and graphics or Flash, Shockwave i.e. ANY media that can be transmitted via, or from, the WhiteWidows.com server/s.

Any use of any domain name, sub-domain, text, material, content or other which may affect the Intellectual Property Rights of any other individual or organisation, anywhere. If 'IPRs' have been violated by a service user, WhiteWidows.com will actively assist the owner of the IPRs.

Forging e-mail headers - spoofing of e-mail headers and IP addresses - WhiteWidows.com reserve the right to report to the Police any matter which is in the Public Interest.

Virus websites or Any sites containing 'Malicious Code' or 'Malicious Software' stored, executed or accessed locally or remotely. These incidents are reported to the Police immediately.

Any illegal activity on server/s, accounts, or sub-accounts Will be reported to the appropriate authorities and we will fully co-operate with the Police, or agents, in any country to pursue and prosecute for illegal activities. If you are not sure what 'illegal activity' is, please e-mail us: Servers@WhiteWidows.com and we will clearly inform you whether your content, or other, is acceptable to WhiteWidows.com

NB: Linking, directly or indirectly, to any site which is deemed to be unacceptable (as the examples above briefly illustrate) or promoting of any such 'unacceptable' website, server, domain or sub-domain is classed as wholly unacceptable and your account will be suspended, deactivated or removed from our server/s without notice.

Termination of an account for unacceptable content or any abuse of these clear Terms and Conditions will be reported to the Police, where necessary, and action taken to assist in criminal or civil proceedings. Termination because of violation of these Terms & Conditions will not result in a refund - charges may in fact be made against you and charges for criminal investigation or civil proceedings may be levied - you agree to pay all charges as determined by WhiteWidows.com, its' agents and assigns, without limitation.

•3) Spam Policy - No Unsolicited Commercial E-mail - No Unsolicited E-mail. Zero Tolerance.
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as Spam. Any user who sends out Spam will have their account terminated without notice, refund or further communication.

WhiteWidows.com reserves the right to require changes, or disable as necessary, any web site, account, sub-account, database, or other component that does not comply with this policy, at its' sole discretion. WhiteWidows.com also reserves the right to make any such modifications in an emergency at our sole discretion and without notice.

You legally agree Not to use WhiteWidows.com Service/s for chain letters, junk mail, spamming, or any use of distribution lists. You agree also that you will not engage in any unsolicited email practices, or otherwise, that mentions or reference any domain hosted on WhiteWidows.com server/s or parked on WhiteWidows.com Domain Name Servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR RESOLD ACCOUNTS, DEDICATED AND COLLOCATED SERVER CUSTOMERS, AND ALL DOMAINS, SUB-DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER/S, ACCOUNT/S OR SUB-ACCOUNT/S.

WhiteWidows.com reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up and administration fee of $1000 USD MINIMUM - this amount will be determined by WhiteWidows.com. This cost of the clean up and administration fee is left entirely to the discretion of WhiteWidows.com. All rights reserved.

•4) Payment Information
You agree to supply appropriate payment for the services received from WhiteWidows.com, in advance of the time period during which such services are provided. You agree that until and unless you notify WhiteWidows.com, in writing, in fax or by e-mail, of your desire to cancel any or all services received, those services will be billed on a recurring basis and you MAY (at our discretion) be sent an e-mail at least twenty-four (24) hours before the next billing cycle begins. You must make payment before the new billing cycle (monthly, quarterly, bi-annually or annually) begins. In either case, you will become responsible for all fees due and will honour to pay these in full within a maximum of three (3) days. If three days elapse and payment has not been received (or suitable arrangements made with WhiteWidows.com prior to the twenty-four (24) hour period prior to commencement of the next billing cycle as determined by when the account was initially setup or 'services provided' date), an 'over due' fee of at least US$50 will become immediately payable. This 'over due' fee is decided entirely by WhiteWidows.com on an individual basis and may well be added on a daily basis thereafter for non-payment.

Websites (and any and all services) provided by WhiteWidows.com will be suspended (at our discretion) and your website will display a 'suspended' page until all fees are paid. Access to your services, products, e-mails, website/s, files and any, and all, data will be prevented and you agree to pay all fees as dictated by WhiteWidows.com promptly to avoid this happening.

WhiteWidows.com reserves the right to change the monthly payment amount and any other charges at any time and when this will directly affect you we will attempt to contact you by e-mail at least forty-eight hours prior to the charge being made for services provided by WhiteWidows.com and any and all upstream providers for any and all service/s.

•5) Domain Name Registration
If you, as Customer, choose to register a domain name/s through WhiteWidows.com, Customer acknowledges and agrees that Customer will pay a registration fee/s to register the domain name/s with the applicable domain name registrar. WhiteWidows.com does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

You must not attempt to register, or register, a domain name via WhiteWidows.com, which may infringe the Copyright or Intellectual Property Rights of any other person/s, entity, or organisation, wherever based. You accept all administration and legal fees if you infringe upon Copyright, Rights, or IPRs.

If you register a domain name through WhiteWidows.com which is meant to cause stress, anxiety or hardship we will make a demand for a MINIMUM of USD$1,000 and inform the Police, where necessary. If the registration through (and/or 'via') WhiteWidows.com which is malicious and/or vexatious we will demand a MINIMUM charge from you of USD$1,000.
Do NOT register domain names which you know are likely to cause distress or anxiety - no excuses.

•6) Backups and Data Loss
Your use of the service is at your sole risk. WhiteWidows.com is not responsible for files and data residing on your account/s. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on WhiteWidows.com servers. From within the cPanel (Control Panel) you can generate a back-up of ALL data (including MySQL etc) and download it to your local network or computer - we STRONGLY SUGGEST that you do this on a regular basis as we take no responsibility for any loss of data under ANY circumstances.

You will have the ability to backup, download, upload and reinstate files which are manually archived by WhiteWidows.com but we do Not guarantee the existence, accuracy, or regularity of any backup services and, therefore, you are responsible for making back-up files in connection with your use of the Service/s. Backup capability is available (no fee is charged) through the Control Panel associated with your account/s and also via the WHM if you are a Reseller of WhiteWidows.com service/s.

•7) Cancellation of Your Account/s and Refunds
WhiteWidows.com reserves the right to cancel Any account or sub-account account at any time and without notice and without refund of Any kind.

Customers may cancel at any time in writing, by fax or by e-mail BUT YOU MUST OBTAIN FROM WhiteWidows.com Support A 'TERMINATION CODE'. This Unique Code will prove to both you and WhiteWidows.com that you have formally requested (and had confirmation of) the cancellation of your account/s and any and all service/s. ONLY upon issue of a TERMINATION CODE will WhiteWidows.com cease billing you for service/s provided. IF YOU DO NOT REQUEST A TERMINATION CODE WE WILL CONTINUE TO CHARGE YOU THE AGREED FEES FOR SERVICE/S PROVIDED, REGARDLESS OF WHETHER YOU UTILISE THOSE SERVICE/S OR NOT.
NB: Termination codes are Manually created and consist of a string of specific characters that we choose from the headers of Your e-mail requesting Cancellation of Your Account/s or Service/s. YOU MUST Request Cancellation from the e-mail address that you used to setup any account/s or Service/s with WhiteWidows.com - at Our discretion we may accept the domain name contact as listed in the WHOIS information output records - we Reserve All Rights. Contact us as soon as possible if you are unable to use the e-mail address you used to setup an account/s with WhiteWidows.com
TERMINATION CODES are issued as quickly as possible and that date and time included in the headers of your e-mail will be used to determine actual date. If the headers are forged the Police will be notified.

There are never refunds on dedicated servers, 'add-ons' e.g. a dedicated IP for your account, purchase and installation of SSLs etc. Refund requests are considered on an individual basis and you should contact WhiteWidows.com immediately to determine the possibility of a partial refund, at the sole discretion of WhiteWidows.com, representative/s and assigns.

Where a refund is agreed, only first-time accounts are eligible for a refund. For example, if you have had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

•8) Resource Usage
Users may not initiate the following:

a) Use 20% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these could possibly include: CGI scripts, FTP, PHP, HTTP, etc.

b) Run any type of interactive real-time chat applications that require server resources. Remotely hosted services are fully allowed.

c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes (but is not limited to) any, and all, daemons, such as IRCD.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any bit torrent

f) Run any gaming servers - for example counter-strike, half-life, battlefield1492, etc

•9) Bandwidth Usage - Transfer Allowance
You are allocated a monthly bandwidth allowance upon sign-up.
This allowance varies depending on the hosting package you purchase. Should your account exceed the allocated amount we reserve the right to suspend the account until the start of the next allocation; suspend the account until more bandwidth is purchased at an additional fee (USD$10 per Gigabyte or part thereof: - at 29 August 2007 - subject to alteration at Any time); suspend the account until you upgrade to a higher level of package; terminate the account and/or charge you an additional fee/s for the overages (over use). Unused bandwidth transfer in one month cannot be carried over to the next month under ANY circumstances.

•10) Mailing Policy and Limits
There is a 180 hourly POP3 email check limit per account - NB: this limit is also applied towards the mailman list manager and Any other e-mail list program.

You agree not to exceed this under any circumstances. This means that your program, or other, can check for e-mail every three minutes and no more. If you exceed the limit your POP3 account/s will be automatically blocked until sufficient time has elapsed.
SMTP (sending of e-mail) is also limited - you will receive an error if you exceed the SMTP limit and concurrent connections cause (or could cause) server problems or difficulties.
WhiteWidows.com will not, under any circumstances, be held responsible for any loss whatsoever if these terms are not adhered to.

Many of our servers have a POP3 checks per hour limit per email address. If you go over this, you are likely to get a wrong password error message saying, for example, 'login incorrect'. Just wait an hour and it will automatically unlock you. To prevent this from happening again make sure to disable ‘auto checking’ or at least set it to something higher such as five to ten minutes.

Any mailing list larger than 1,000 will require a semi dedicated or dedicated hosting solution from us. Note: dividing one large list into smaller lists to get below this limit is not allowed. Throttle the SEND option - WhiteWidows.com will block your access if you don't do so!

•11) Mailing Lists Rules
a) Anytime you are sending a message to an e-mail list, no matter how large your e-mail list, is you MUST 'throttle' it.
We insist that you 'throttle' it to sending one email every 10 seconds as a Maximum. If the mailing list software you are using does not allow you to throttle you must switch to something else. We recommend phplist. If you do not throttle and you try sending (for example) 300 emails the server will try sending all 300 in 1 second, which is not healthy for our server/s. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. This affects ALL users of the server/s and is unacceptable at Any time and under Any circumstances.
It is our role to keep the server/s up and running without being sluggish, suffering an inordinately high load, or crashing. Anyone who causes the servers load to go high, or crash, will be suspended and the process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server.
WhiteWidows.com reserves the right to suspend, deactivate, terminate, or limit access to any account or sub-account at any time without notice of any kind.

b) Any mailing list over 500 emails is ONLY allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1am - 8 am Eastern Time (US) Mon-Fri.

c) You are NOT allowed to mail to a mailing list you were given, loaned or purchased. This is spamming because they never formally agreed to you sending them e-mail.
We do not care how you try to justify it, this is spam in our opinion (and for the purposes of this Agreement) and will result in termination of the offending account without notice or refund.

d) Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail; UCE; 'SPAM'.

•12) Termination or Suspension of Your Account
WhiteWidows.com reserves the right to suspend, deactivate, terminate or limit access to any account, sub-account, feature or 'add on' at any time without notice or reason of any kind.

•13) Money back Guarantee
There is no possibility of a refund request on dedicated servers, 'add ons' e.g. a dedicated IP for your account, purchase and installation of SSLs, services provided etc.
Refund requests are considered on an individual basis and Only ever Within the first Thirty (30) days of opening an account with WhiteWidows.com - you should contact WhiteWidows.com immediately to determine the possibility of a partial refund, at the sole discretion of WhiteWidows.com and representatives. If this is thirty days, or more, since you applied to open an account with WhiteWidows.com you are not eligible for a refund request to be considered by us.

Where a refund is agreed (within the first thirty (30) days since you applied for an account), only first-time accounts are eligible for a refund, partial or otherwise. For example, if you have had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

On dedicated servers, and collocation no refund will be honoured and no guarantee applies of any description and a refund request will not be considered or granted under Any circumstances.

We reserve the right to make no refunds whatsoever at our sole discretion.

•14) Price Change
The amount you pay for hosting will never increase from the date of purchase IF you have purchased a yearly plan and provided that the plan originally selected remains the same. We reserve the right to increase monthly hosting plans at any point in time and without notice.

We reserve the right to change prices listed on WhiteWidows.com at Any time, and the right to increase the amount of resources given to plans at any time.

•15) Indemnification & Limitation of Liability
Customer agrees that it shall defend, indemnify, save and hold WhiteWidows.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against WhiteWidows.com, 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, its agents, employees or assigns in ANY matter - civil or criminal.
Customer agrees to defend, indemnify and hold harmless WhiteWidows.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with WhiteWidows.com; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from, or via, WhiteWidows.com's server/s.

You, as the Customer, will pay and indemnify and hold WhiteWidows.com harmless from any and all taxes associated with or arising from the Customer's 's use of the Service/s, including any penalties and interest and any costs associated with the collection or withholding thereof.

IN NO EVENT SHALL WhiteWidows.com BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE WhiteWidows.com SITE/S OR ANY (and all) WhiteWidows.com PRODUCT/S OR SERVICE/S, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCT/S OR SERVICE/S PROVIDED HEREUNDER. IN NO EVENT SHALL WhiteWidows.com's CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS (USD$100).

•16) Disclaimer
WhiteWidows.com will not be responsible for any damages your business, hobby, livelihood, or pastime may suffer under Any circumstances. WhiteWidows.com makes no warranties of any kind, expressed or implied for Any service/s we provide. WhiteWidows.com disclaims any warranty, merchantability, or fitness for a particular purpose. This includes loss of data resulting from delays, and any (and all) service interruptions caused directly or indirectly by, or via, WhiteWidows.com and its' owners, employees and associated persons.

Links to other web sites are provided solely as a convenience to you for informational and entertainment purposes. We do Not endorse such sites and we are Not responsible for their content. If you decide to access any of the sites or services linked (in any way) to this Site, you do so entirely at your own risk and we cannot be held responsible for any resulting activity.

WhiteWidows.com will attempt, as far as is possible, to keep your personal details safe and secure but where required to do so we will provide details where fraud or illegal activity is suspected. Your computer/s' IP address/es and Any additional information may also be passed to any Authority or Agency in investigating any illegal or dubious matter in which you may have been implicated or been involved. Please note that under such circumstances we will redirect a copy of your e-mails to a separate e-mail address without notice to you in any way at any time. We will also copy and hold the entire contents of your account/s if we see fit, for whatever reason and we will not give you notice of any description. We make no guarantees to keep your personal details and data 'safe' on, or across, the Internet, Intranet/s, or Network/s. If you cannot accept this, please DO NOT sign-up for an account with WhiteWidows.com

Nothing contained on our website/s should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the owner of those Rights. Your use or misuse of the Trademarks, Tradenames, Brandnames, names or service names or logos displayed on the Site (or any other), or any other content on the Site (or any other) is strictly prohibited and will be enforced to the fullest extent of the Law.
You agree that any dispute arising from or relating in any way to this Site will be brought exclusively in the Courts of Law under The Laws of the State of Florida, the State of Texas, and the United States of America.

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining sections and/or provisions.

We make No Guarantees or definitive assertions regarding 'uptime' and whilst we do all that we are able to maintain access to WhiteWidows.com server/s, service/s and online resource/s, products etc., we Do Not accept any liability (financial or otherwise) or responsibility for Any 'downtime', loss of data in any form (e.g. e-mail).
Servers are merely computers and as such are likely to require maintenance, repair, upgrade and modification - this can occasionally result in downtime. Under no circumstances will WhiteWidows.com or agents be responsible for lack of access to our service/s and/or product/s or any 'downtime' whatsoever. No refunds are ever granted for server/s, network/s, name server/s, or Product/s etc., downtime and you agree to indemnify and hold WhiteWidows.com harmless in Any way for downtime experienced, financial, or otherwise. All services, products and other media, files or material are provided on an "as is" basis and as such you are not guaranteed access to use of the product service (or other) for which you have paid WhiteWidows.com and under no circumstances will we be held liable in any way. If you do not, or cannot, agree to this "as is" statement, do NOT request a service or product (or other) from WhiteWidows.com!

•17) Changes to the TOS and Your Responsibility to stay up-to-date.
WhiteWidows.com reserves the right to revise this 'Terms of Service Agreement' and Any and All of its' policies at any time without notice.
It is your responsibility to check for regular updates to this 'Terms of Service Agreement’, constituting an ongoing contract between you and the owners and operators of WhiteWidows.com and all upstream providers.
You can always read an up-to-date copy of this agreement at the following URL:
http://www.WhiteWidows.com/termsandconditions.htm