Terms of Service (“TOS”)

Customer agrees to the following TOS:

ALL ORDERS THAT ARE PLACED THROUGH WTools Hosting ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. BY PLACING AN ORDER IT IS UNDERSTOOD THAT YOU HAVE READ, COMPREHENDED AND AGREED WITH THESE TERMS.

1. Term and Termination: Unless requesting Hourly Services (as defined in paragraph 4 below), Customer agrees to a month-to-month contract term for services. The month-to-month contract for services is automatically renewed each month in perpetuity subject to cancellation by the Customer. Please carefully review WTools Hosting’s cancellation policy set forth in Paragraph 9 below. WTools Hosting may terminate this Agreement upon non-payment as set forth in paragraph 11 below. At its sole discretion, WTools Hosting may terminate this Agreement if Customer violates any terms and conditions of WTools Hosting’s AUP.
2. Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date (“Anniversary Billing Date”) for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month. The Customer may optionally pay for 6 months in advance.
3. Upgrade Fees: Upgrades ordered on the Anniversary Billing Date will be billed for a full month service and will continue each month on the Anniversary Billing Date. Upgrades ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
4. Hourly Service Fees: For any services offered by WTools Hosting on an hourly basis (“Hourly Services”), Customer shall specify the period of time for which the Hourly Services are requested, or cancel at any time. The minimum period of time for which Hourly Services may be requested is one (“1”) hour and Customer will be billed in full hourly increments, and no breakdown by minutes shall be permitted.
5. One Time Fees: One time fees, such as setup fees, administrative fees and late fees are due and payable at the time they are incurred, and/or agreed upon in writing or via ticket with WTools Hosting’s approval. One time fees, such as bandwidth overages are due and payable upon an invoice following the billing cycle in which they are incurred, and are based on standard rates, or as otherwise agreed upon in writing or via ticket with WTools Hosting’s approval.
6. Taxes: Customer is responsible for paying all foreign, federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect to any services, other than those taxes based on WTools Hosting’s net income.
7. Service Credits: SBT credits will be issued to your Customer account and shall be used to offset future billable services. SBT credits shall not be issued as cash back to the Customer nor shall the service credits be transferable to other account holders. SBT credits shall expire if Customer’s account is fully terminated.
8. All goods and services are provided by WTools Hostingand sold by 2CheckOut.com Inc. (Ohio, USA). All matters related to the payment process are the responsibility of 2CheckOut.com. All Credit Card processing and money transaction will be done by the CUSTOMER under the legal terms and conditions of 2CheckOut.com. Any payment error, any payment related task is carried out by 2CheckOut.com, We should not be held responsible for any inconvenience or incident taking place during the payment process.
9. Cancellation: The Customer may request Cancelation of services anytime, but no refund will be allowed. If the Customer disables reocuring payments, it will be considered a Cancelation request. All Customer data remaining after the cancellation date will be destroyed for security and privacy reasons, unless otherwise required by law.
10. Refunds & Disputes: All services rendered by WTools Hosting are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket inside the Customer portal. Customer agrees not to chargeback any credit card payments for services rendered. Customer is responsible for any fees and costs (including, but not limited to, reasonable attorneys’ fees, court costs and collection agency fees.
11. Non-Payment: All payments are due in full on the Anniversary Billing Date. Failure to remit payment for services on the Anniversary Billing Date is a violation of the TOS. Failure to remit payment for five (“5”) consecutive days, including the Anniversary Billing Date, shall result in a termination of public access to Customer services. Customer will, however, be permitted access to data and services through the service network. Failure to remit payment for services within seven (“7”) consecutive days, including the Anniversary Billing Date, shall result in termination of access to the service network and all services shall be reclaimed. All Customer data remaining after seven (“7”) days of non-payment will be destroyed for security and privacy reasons, unless otherwise required by law.
12. Data: WTools Hosting agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership. In the event that WTools Hosting handles Customer data, i.e., when replacing hard drives, WTools Hosting will act in accordance with PCI guidelines to ensure data is securely handled.
13. Identity Use: Customer agrees to use the WTools Hosting logo, WTools Hosting information, and/or related services in accordance with WTools Hosting’s approved marketing guidelines. WTools Hosting agrees not to use Customer logos without prior written consent of Customer.
14. CUSTOMER SPECIFICALLY AGREES NOT TO TAMPER WITH, MAKE DERIVATIVE WORKS OF, REVERSE COMPILE, REVERSE ENGINEER AND/OR DISASSEMBLE ANY OF WTools Hosting'S SOFTWARE OR FILES. If Customer violates or exceeds the Permitted Use, WTools Hosting reserves the right to immediately terminate Customer’s account and will pursue any and all legal remedies available.
15. INDEMNIFICATION: CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS WTools Hosting, WTools Hosting'S AFFILIATES, AND ITS RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, FINES, PUNITIVE DAMAGES, AMOUNTS IN INTEREST, EXPENSES AND DISBURSEMENTS OF ANY KIND AND NATURE WHATSOEVER (INCLUDING REASONABLE ATTORNEYS’ FEES) BROUGHT BY A THIRD PARTY UNDER ANY THEORY OF LEGAL LIABILITY ARISING OUT OF OR RELATED TO CUSTOMER'S CONTENT, ILLEGAL ACTIVITY AND/OR ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF A THIRD PARTY'S COPYRIGHT, TRADE SECRET, PATENT, TRADEMARK, OR OTHER PROPRIETARY RIGHT.
16. LIMITATION OF LIABILITY: WTools Hosting SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER'S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WTools Hosting SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF WTools Hosting AND ANY OF ITS EMPLOYEES, UNDER ANY THEORY OF LAW SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR HOSTING SERVICES FOR THE SIX MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM.
17. Legal Compliance: By accepting this TOS, Customer represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties. Customer further represents and warrants that he/she has full authority and power to execute this Agreement on behalf of the Company he/she represents, if any. Additionally, Customer warrants that he/she is at least eighteen (“18”) years of age or older and are not otherwise legally incapacitated to execute this Agreement.
18. Electronic Signature: Acceptance by Customer of the TOS hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.