Last Modified: October 28, 2009
WHI - WebHostingIndonesia.net
(the "Company" or "we") agrees to furnish web hosting services to
the Customer (the "Customer" or "you") subject to the following
Terms of Service and Acceptable Use Policy (collectively the "TOS"
or "AUP"). Use of WHI's services constitutes your acceptance and
agreement to our TOS. All provisions of this contract are subject to
this Terms of Service and Acceptable Use Policy. We reserve the
right to change or modify this TOS, in whole or in part, without any
prior notice to you. It will be the responsibility of the Customer
to obtain the latest available version of the Terms of Service from
our website. The Customer understands that modification to this TOS
shall not be grounds for early contract termination or non-payment.
As applicable, singular refers to plural, and masculine refers to
feminine, and vice-versa in all parts of this TOS.
Definition of Terms -
All hosting services provided by the Company are to be considered as
shared hosting services. All Customers, both end user or reseller,
are subject to the same TOS and all clauses within that TOS, unless
Disclosure to Law Enforcement
- This TOS specifically prohibits the use of our service for illegal
activity. Therefore, the Customer agrees that the Company may
release any and all account information including, but not limited
to, IP address usage, account history, account use, etc. to any law
enforcement providing a court order and/or subpoena in regards to
the specific information or any other applicable information. The
Customer further acknowledges that the Company is under no
obligation to obtain permission from nor notify the Customer
regarding any such disclosure. In addition, WHI reserves the right
to terminate all service set forth in this agreement.
Refunds and Disputes -
All payments to WHI are non-refundable. This includes the one-time
setup charge (if applicable) and subsequent charges or fees
regardless of usage. All overcharges or billing disputes must be
handled directly via the WHI Billing Team within 10 days of the
overcharge or dispute. Initiation of a formal complaint or
chargeback for services from WHI is a strict violation of this TOS.
A "formal complaint" or "chargeback" shall be defined as initiation
of any complaint, dispute, or chargeback with PayPal, 2CheckOut,
and/or your credit card issuer. Upon receipt of a formal complaint
or chargeback, WHI will take immediate action against the offending
account including suspension or termination at our sole discretion.
Further, such a complaint or chargeback will result in deactivation
of all services on your account whether you disputed one or all of
the services on your account. Chargebacks will also result in being
reported to debt collection agencies. You will be responsible for
all debt collection fees as well as all owed fees to WHI Internet
Price Changes - WHI
may change their prices to the public at any time without offering
compensation for current clients for price differences, greater or
lower. If you have signed up for a package and the price changes
within 14 business days, you are eligible for an upgrade if the plan
offers greater specifications than the clients current plan.
Failure to Pay - In
order to best manage billing, the Company does permit our customers
to make payments to us via automated recurring subscriptions. If
subscriptions are not chosen as payment choice, we will generate an
invoice on your account approximately fifteen (14) days prior to the
actual due date of your service. Within those fifteen (14) days, you
must login to our Members Center at
https://www.webhostingindonesia.net/members and pay the invoice
manually. Failure to make payment on any invoice by the due date
specified will result in suspension of service on the account in
which is past due. Accounts suspended for non-payment are subject to
a ten dollar ($10.00 USD) re-activation fee, in addition to any
subsequently incurred charges or fees. Past due accounts will be
kept online, in suspended status, for upto ten (10) days following
an account becoming past due pending full payment of the full
service amount plus any re-activation fees. If, after the ten (10)
day period has expired, the account in past due status will be
permanently removed from our servers, including deletion of all
files, database, and any other information stored on the account.
The Company reserves the right to perform said termination or
removal prior to the expiration of the ten (10) day suspension
period. The Company assumes no liability for any data lost resulting
from termination of an account for non-payment. In the case of a
reseller account, suspension or termination will apply to all
accounts under the reseller account, including the Customer's main
Account Cancellation -
You may cancel your web hosting services with WHI at any time.
Account cancellation requests must be submitted directly to our
Billing Department via our online help desk located at
http://www.webhostingindonesia.net/cancel. Cancellation requests
submitted outside the help desk (including instant messenger, phone,
e-mail, or live chat) will be considered informal and no official
action will be taken to close the account. Unless specifically
instructed otherwise, account cancellations take effect immediately
upon request. Account cancellation is to be defined as removal of
all data from the server and cancellation of the billing account in
Uptime Guarantee - The
Customer acknowledges that our service is of such a nature that
interruption of service can occur for a variety of unexpected
reasons. WHI guarantees ninety-nine per cent (99%) network uptime
for any given calendar month. In the unlikely event we fail to meet
our ninety-nine per cent (99%) network uptime guarantee, a one (1)
day credit will be applied to the customer's next invoice for each
percent of downtime beyond the amount allowed by our guarantee, up
to a maximum of five (5) days credit in any given month. It is the
responsibility of the Customer to request the credit within
twenty-four (24) hours of an invoice being generated on his account
to receive the credit. The Customer must be active on our server
during the following month to receive the credit. In no event shall
the company be liable for any damages resulting from downtime or
service outages beyond the scope of this guarantee.
- If you feel that your paid account has suffered an extended period
of downtime and you wish to receive credit for this downtime, you
may apply for an account review at
http://www.webhostingindonesia.net/credit 24 hours a day, seven
days a week, and we will get back to you within two business days.
Support Boundaries -
WHI provides 24x7 technical support to our Customers (except for a
few holidays and brief company meetings when we close our centers).
We limit our support to our area of expertise. WHI provides
technical support directly related to the physical functioning of
your account. We do not provide support for third-party scripts or
programs, and, as such, you should refer the program's help
documentation for assistance. WHI provides support only to our
direct Customers and therefore resellers will be responsible for
providing support to their own customers. Technical support is
provided via our online help desk, e-mail, and live chat support, in
that order of preference. Instant messenger support is not an
acceptable form of support, and customers requesting support over an
instant messenger client are subject to warning or suspension at our
sole discretion. Live chat support should not be used for any
account-specific issues, including account suspension issues,
billing questions (upgrades, downgrades, cancellations), or any
issues requiring in-depth investigation. In the event a live help
representative asks you to submit a ticket regarding an issue
brought to them via live help, you are to do so unquestioningly.
Support Abuse - Abuse
towards our staff will not be tolerated. If you use foul language,
threaten us, or anything else we may find offensive, we reserve the
right to suspend or terminate your account at our sole discretion.
Per this TOS, we offer no refunds in the event a termination results
from your abuse of our staff. When submitting a ticket via our
online help desk, you are to specify an appropriate status for your
request. Urgent status tickets are only to be used when an urgent
matter is at hand, which usually includes only a service outage.
Customers who submit non-urgent tickets with an urgent status are
subject to having their ticket closed without reply, their account
suspended, and/or upto a twenty-five dollar ($25 USD) administrative
fee to cover the costs incurred by our technicians receiving pager
alerts if the support desk is abused consistently. We strongly
advise only submitting tickets with a maximum of high priority to
avoid any problems with violating this clause.
Network Performance -
Our services are operated on shared resources. Excessive use or
abuse of these resources by one customers can have an adverse and
negative effect on other customers. Misuse of resources in a manner
which impairs network performance is prohibited by this policy and
may result in suspension or termination of your account. You are
strictly prohibited from excessive consumption of resources
including CPU time, memory, disk space, and session time. You may
not use resource-intensive programs which have a negative impact on
other customers or the performance of our systems or networks. We
reserve the right to terminate or limit such activities. We further
reserve the right to suspend or terminate any account in violation
of this policy.
We reserve the right to change prices listed on
webhostingindonesia.net, and the right to increase the amount of
resources given to plans at any time. It is our goal to provide you
with quality resources at low cost.
SPAM and Unsolicited Commercial
e-mail - WHI takes a zero-tolerance approach to the sending
of Unsolicited Commercial Email (UCE) or SPAM over our network. This
simply means that WHI's Customers may not engage in or allow for
others to transact UCE. Customers may not host, or permit to be
hosted, websites or information that is advertised using UCE on
other networks. Violations of this policy carry severe penalties,
including termination of service and a fine of a minimum of $.10 per
email and a maximum of $.25 per email. In order to prevent
unnecessary blacklisting due to spam, we reserve the right to sample
bulk email being sent from our servers. Upon receipt of an alleged
violation of our SPAM or UCE policy, WHI will initiate an immediate
investigation into the matter. We reserve the right to suspend the
account in questions during such investigation to prevent further
violations of this TOS. Violations of this policy will result in
immediate termination of service without refund. If the violation is
believed to be a criminal offense, we reserve the right to notify
the proper law enforcement agencies as outlined in this TOS. As our
Customers are ultimately responsible for their client's actions on
our servers, we recommend developing a similar or stricter policy
for your clients.
Bandwidth and Disk Usage
- The Customer agrees that bandwidth and disk usage shall not exceed
the maximum amount of megabytes allowed in your purchased hosting
package. WHI will monitor Customer's disk space and bandwidth usage.
In the event that you exceed your maximum allowed bandwidth
allotment, your account will be automatically suspended by the
system pending your upgrade to a better plan, or the start of a new
calendar month when bandwidth is reset. When a disk space overage
occurs, we will notify you via e-mail of the overage and provide you
twenty-four (24) hours in which to either upgrade your plan to the a
better package or cut back on the space you consume. Failure to
respond to our inquiries within the time period specified will
result in suspension of your account.
Notification of Violation
- WHI is under no duty to monitor our Customer's activities to
determine if a violation of the TOS has occurred, nor do we assume
the responsibility to police Internet-related activities. In the
event a user is found in violation of the TOS, we reserve the right
to temporarily suspend the account in question pending a user's
confirmation, in writing, to refrain from further offenses. While we
make every possible attempt to contact our customers before
suspending their accounts, some situations do not permit us to
contact you prior to a suspension. We are under no duty to notify
you of a violation of the TOS or that your account has been
suspended, it is a simple courtesy to you. Failure to respond to
email from our abuse department within 24 hours may result in the
suspension or even termination of your services. All abuse issues
must be dealt with via email and will have a response within 24
Suspension or Termination of
Service - WHI reserves the right to suspend any account
suspected to be in violation of the TOS. If inappropriate activity
is detected, all accounts of the Customer in question will be
deactivated pending an investigation into the alleged violation.
Prior notification of the Customer is not assured. In extreme cases,
law enforcement officials may be contacted. Customer's will receive
no credit for the time their accounts were suspended due to
violations of the TOS. WHI further reserves the right to terminate
all service set forth in this agreement in the event of a serious or
repeated violation of this TOS. Per this TOS, we offer no refunds in
the case of termination.
Contact Information -
You must provide us with, and keep current, valid contact and client
profile information including full name, mailing address, city,
state, postal code, country, telephone number, and e-mail address.
In addition, a valid and working contact e-mail must be set in your
cPanel account. Failure to acknowledge this important policy will
result in suspension or termination of your account without prior
notice or refund. You can update your contact information at any
time by visiting
http://members.webhostingindonesia.net. If for any reason we
need to contact you and are not able to do so for 14 consecutive
business days due to faulty contact information, your account may be
terminated without further notice.
By signing up with WHI, you agree that your and all your clients emails are automatically added to our mailing list. WHI reserves a right to send 1 promotional email message every 1 month that can promote our affiliate products. You and your clients may opt out of emails you receive from WHI by visiting http://webhostingindnesia.net/unsubscribe
Content Restrictions -
In order to maintain quality and reliable service, WHI is forced to
restrict certain content from being hosted on our servers. We take
this provision very seriously and Customers found in violation are
subject to suspension or termination of service and/or
administrative fees at our sole discretion.
Pornographic or adult content is
not allowed on our servers without previous notification to our
webmaster. All parties that do so without notification will be
fined a nominal fee of $75.00. All accounts that host
pornographic material MUST purchase allocated IP addresses for
their account on our server. This policy is strictly enforced
and any users found in violation may be immediately terminated
without warning. No refunds will be issued for any account
At no time shall any Customer
upload or host any proxy script or program on our servers. These
programs are resource intensive and can cause the server to
crash. Any account found hosting a proxy script or program will
be suspended without notice pending removal of the offending
script. Repeat offenders may be terminated.
All installed scripts and Open
Source Applications must be kept up-to-date and upgraded to the
latest versions. Users found running vulnerable versions of said
scripts are subject to suspension of their account to avoid any
possible attack on the server. We recommend installing scripts
using Fantastico so that you may update your installations as
updates are released.
You, as WHI's customer, are solely
responsible for the content hosted on your account. Resellers of
WHI are responsible for not only their content, but the content
of their clients. It is highly recommended to use a strict Terms
of Service similar, or stricter, than this one.
Any script found to be potentially
harmful to our server will be removed. If a WHI employee
contacts you and requests for a file to be removed, it is to be
removed immediately. The lack of removing the file may lead to
your account to being suspended or terminated.
You may not host the website of a
web hosting company within our servers and/or network. If you
have a reseller account, your account may contain websites for
your, or other hosting companies.
You may not provide a free web
hosting service publicly from within our network. Doing so will
lead to immediate account termination.
User may not:
Use more resources than the hosting package purchased
Run any type of web spider or indexer (including Google
Cash / AdSpy) on Shared Hosting servers.
Run any bit torrent application, tracker, or client on
Shared Hosting servers. Please note that you may link to
torrents off server, but may not host or store them.
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software /
Warez, image, filedump, mirror, or banner-ad services (similar
to rapidshare, photobucket, or commercial banner ad rotation),
affiliate servers, topsites, commercial audio streaming (more
than one or two streams), Escrow, High-Yield Interest Programs
(HYIP) or related sites, Investment sites (FOREX, egold
exchange), sale of any controlled substance without prior proof
of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank
Debenture Trading Programs, Prime Banks Programs, lottery sites,
muds / rpg's, hate sites, hacker focused
sites/archives/programs, or sites promoting illegal activities,
IP Scanners, Brute Force Programs, Mail Bombers and Spam
Scripts. Forums and or websites that distribute or link to warez
content are prohibited.
Using a Shared account as a backup/storage device is
not permitted, with the exception of one backup of the same
Limitation of Liability
- WHI is not responsible for any damages your business may suffer.
WHI does not make implied or written warranties for any of our
services. WHI denies any warranty or merchantability for a specific
purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service
interruptions caused by WHI. In no event shall WHI be liable for any
direct, indirect, incidental, special, or consequential damages, or
damages for loss of profits, revenue, data or use, incurred by you
or any third party, whether in action in contract or tort, arising
from your access to, or use of, your account. WHI wishes to
emphasize that in agreeing to the WHI TOS, the Customer indemnifies
WHI for any violation of the TOS that results in loss to WHI or the
bringing of any claim against WHI by any third-party. This means
that if WHI is sued because of a customer's or a customer of a
customer's activity, the customer will pay any damages awarded
against WHI, plus all costs and attorney's fees.
Transfer of Rights -
Under no circumstances shall the Customer transfer their rights
under this TOS to any other individual or company without the direct
written consent of the company. This means that you may not sell,
give away, or other transfer your rights under this TOS to any other
person without our permission.
Domain Registration and Refunds
Domain Registrations are
non-refundable in any situation, even if the domain was
registered with a typo within the domain accidentally.
Any refund for a hosting package
that comes with a domain name will be refunded, less the cost of
the domain name as priced by WHI.
Any and All information provided by
the client for domain names must be accurate and kept accurate
throughout the registration period. If the information is found
to be false, access to the domain name will be permanently
revoked with no refund provided.
We reserve the right to refuse
service to anyone. Any material that, in our judgment, is
obscene or threatening is prohibited and will be removed from
our servers with or without notice.
Notification of Terms
- WHI is not required to notify clients of changes to these Terms of
attempt to notify all clients of any changes made, but does not
guarantee notification. Upon change of any terms listed above, the
customer is obligated to abide by those terms set and it is the
customers responsibility to periodically check the terms listed
above for changes. The last date of modification is noted at the top
of each document.