As used in this Terms Of Service, W3HUB means W3HUB PTE LTD, of 2 Balestier
Road #04-655, Balestier Hill Shopping Centre, Singapore 320002, a Singapore registered company.
All services provided by W3HUB may be used for lawful
purposes only. Transmission, storage, or presentation of any
information, data or material in violation of any Singapore,
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 W3HUB and its employees from any claims
resulting from the use of the service which damages the
subscriber or any other party.
The following content will not be tolerated on any of our
1. Any copyrighted Audio or Video Files. If they are
legitimate files then they must be in a Real Media or
Windows Media format and at a reasonable bit rate.
2. Any content that is considered to be offensive. This
includes but is not limited to pornography and sex-related
3. No server side scripts that consume too many resources. PHP-based
scripts are preferred.
4. No software installation on the server side is allowed.
Also prohibited are sites that promote any illegal activity
or present content that may be damaging to W3HUB servers or
any other server on the internet. Links to such materials
are also prohibited.
Examples of unacceptable content or links:
- Pirated/unlicensed software
- Hacker programs or archives
- Warez sites
- IRC bots
- Online games/game server
- Proxy/Anonymizer scripts
Online gambling or betting
W3HUB will be the sole arbiter as to what constitutes a
violation of this provision.
Limitation of Liability
W3HUB AND ITS PARTNERS,
AFFILIATES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST
PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF W3HUB HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. WE EXPLICITLY DISCLAIM ANY AND ALL LOSS OR
LIABILITY RESULTING FROM, BUT NOT LIMITED TO:
- SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN REGISTRATION;
- USE OR MISUSE OF YOUR DOMAIN NAME REGISTRATION;
- INTERRUPTION OF YOUR BUSINESS, WEB SITE, EMAIL, OR OTHER SERVICES;
- ACCESS DELAYS OR INTERRUPTIONS TO THIS WEB SITE OR ANY WEB SITES ACCESSED
BY YOUR REGISTERED DOMAIN NAMES;
- NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR MODIFICATION OF
- USE OR MISUSE OF YOUR USER NAME OR PASSWORD;
- FAILURE TO ACQUIRE OR RE-ACQUIRE A DOMAIN NAME;
- ERRORS, OMISSIONS, OR MISSTATEMETNS IN ANY AND ALL INFORMATION OR SERVICES
PROVIDED UNDER THIS AGREEMENT;
- EVENTS BEYOND THE REASONABLE CONTROL OF W3HUB, INCLUDING WITHOUT
LIMITATION FAILURE OF ELECTRICAL OR TELECOMMUNICATIONS SERVICES; or
- APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR
GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES.
Customer agrees that no W3HUB Personal, under any
circumstances, shall be held responsible or liable for
situations where the Services are accessed by third parties
through illegal or illicit means, including situations where
such data is accessed through the exploitation of security
gaps, weaknesses or flaws (whether known or unknown to W3HUB
at the time) which may exist in the Services or W3HUB's
equipment used to provide the Services.
Under no circumstances, including negligence, shall any
W3HUB Personal be liable for any indirect, incidental,
special, consequential or punitive damages, or loss of
profits, revenue, data or use by Customer, any of its
customers, any Reseller Customer or any other third party,
whether in an action in contract or tort or strict liability
or other legal theory, even if W3HUB has been advised of the
possibility of such damages. No W3HUB Personal shall be liable
to Customer, any of its customers, any Reseller Customer or
any other third party, for any loss or damages that result
or are alleged to have resulted from the use of or inability
to use the Services, or that results from mistakes,
omissions, interruptions, deletion of files, loss of data,
errors, viruses, defects, delays in operations, or
transmission or any failure of performance, whether or not
limited to acts of God, communications failure, theft,
destruction or unauthorized access to W3HUB's records,
programs, equipment or services.
Customer 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, Customer agrees
that the company shall not be liable for any damages arising from such
causes beyond the direct and exclusive control of the company. Client
further acknowledges that the company's liability for its own negligence may
not in any event exceed an amount equivalent to charges payable by Client
for services during the period damages occurred. In no event shall the
company be liable for any special or consequential damages, loss or injury.
Notwithstanding anything to the contrary in this Agreement,
W3HUB's maximum liability under this Agreement for all
damages, losses, costs and causes of actions from any and
all claims (whether in contract, tort, including negligence,
quasi-contract, statutory or otherwise) shall not exceed the
actual dollar amount paid by Customer for the Services which
gave rise to such damages, losses and causes of actions
during the 12-month period prior to the date the damage or
loss occurred or the cause of action arose.
Customer understands, acknowledges and agrees that if W3HUB
takes any corrective action under this Agreement because of
an action of Customer or one if its customer or a Reseller
Customer, that corrective action may adversely affect other
customers of Customer or other Reseller Customers, and
Customer agrees that W3HUB shall have no liability to
Customer, any of its customers or any Reseller Customer due
to such corrective action by W3HUB.
This limitation of liability reflects an informed, voluntary
allocation between the parties of the risks (known and
unknown) that may exist in connection with this Agreement.
The terms of this section shall survive any termination of
Due to the special system and network
requirements of adult-oriented sites, pornography and
sex-related merchandising are prohibited. This includes
sites that may infer sexual content or provide links to
adult content elsewhere. This is also true for sites that
promote any illegal activity or content that may be damaging
to our servers or any other server on the Internet, or
provide links to such sites.
Violations of system or network security are prohibited and
may result in criminal and civil liability. Examples include
but are not limited to the following: unauthorized access,
use, probing, or scanning of systems security or
authentication measures, data, or traffic; interference with
service to any user, host, or network including, without
limitation, mail bombing, flooding, deliberate attempts to
overload a system, broadcast attacks; forging of any TCP-IP
packet header or any part of the header information in an
email or a newsgroup posting.
Any web site that uses a high amount of server resources
(such as, but not limited to, CPU time, memory usage, and
network resources) will be given the option to either pay
additional fees (which will depend on the resources
required), reduce the resources used to an acceptable level,
or upgrade its service to a Dedicated Server plan. W3HUB
shall be the sole arbiter of what is considered to be a high
server usage level.
Any web hosting
account deemed to be adversely affecting server performance
or network integrity will be shut down without prior notice.
Processes invoked by the web server,
cron, shell or any other method should not exceed the following limitations:
more than 128MB of RAM.
Utilize in excess of 60 seconds of CPU time.
- Number of open files should not exceed 64.
- Create core dumps.
- Number of simultaneous processes
should not exceed 5.
Execute a script/binary that forks in a way to create a fork bomb.
- Programs may not run in the
background or listen on a network port.
- All users are restricted to 15
concurrent MySQL connections.
- Each database should not exceed 2GB of disk space on
queries should not exceed 3,000 per hour.
- Database changes (insert/update/delete) should not
exceed 1,000 queries per hour.
- Database servers should not be used as a hosted
solution. Database access should only be used for the web site hosted by
- Remote database
access is for administrative purposes only.
W3HUB performs periodic backups of critical system files for
emergency purposes. Subscribers should not rely on W3HUB to
perform site/data backups for them. Subscribers are
responsible for backing up their own data. MySQL data dumps
can be easily performed by the Subscriber via the included
phpMyAdmin utility. Subscribers are advised to backup all of
their own files to their local drives. W3HUB shall not be
liable for any loss of data.
allocated a monthly bandwidth allowance. This allowance varies depending on
the hosting package you purchase. Should your account pass 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, suspend the account until you upgrade to a higher level of
package, terminate the account and/or charge you an additional fee for the
overages. Unused transfer in one month cannot be carried over to the next
Any unplanned interruption in Service Availability
during which the Client is unable to access the services
rendered by W3HUB. Service Downtime is measured as the total
length of time of the unplanned interruption in Service
Availability during a calendar month. W3HUB provides direct
support and expertise in any software it directly provides,
while any unplanned outages due to third-party software
failure are the direct responsibility of the software
publisher and not of W3HUB.
CGI script sharing with domains not hosted by W3HUB is not
permitted. Any CGI-scripts deemed to be adversely affecting
server performance or network integrity will be shut down
without prior notice.
Proxy scripts are strictly prohibited from running on our
W3HUB does not allow customers to install their own chat
rooms. Chat rooms tend to require significant system
resources and therefore cannot be permitted as an account
option. However, for a small charge, W3HUB provides Java
chat rooms that meet most users' needs and run without
hindering system performance.
Background Running Programs and Cron Jobs
W3HUB may allow programs to run in the background. These
programs will be considered on an individual basis and
customers will incur extra charges based on system resources
used and operational maintenance needed. If you wish to run
background programs please contact W3HUB Support so that we
can arrange setup.
W3HUB does not allow IRC or IRC bots to be operated on our
Online Games/Game Server
W3HUB does not allow customers to host Online Games or any
gaming services on our servers.
E-mail and Anti-Spamming Policy
Users may not (i) send unsolicited
bulk messages over the Internet (i.e., “spamming”), (ii) create fake weblog
or weblogs which are intended or reasonably likely to promote the author’s
affiliated websites or to increase the search engine rankings of associated
sites (i.e., “splogs”) or (iii) send spam to weblog sites or automatically
post random comments or promotions for commercial services to weblogs (i.e.,
“spamming blogs”). Users must comply with all relevant legislation and
regulations on bulk and commercial e-mail, including the CAN-SPAM Act of
2003. Mass Mailings – Users may not send mass unsolicited e-mail, which is
email that is sent to recipients who have not Confirmed Opt-In or
Closed-Loop Opt-In in to mailings from the User. Users who send mass
mailings must maintain complete and accurate records of all consents and
opt-ins and provide such records to W3HUB upon its request. If a User cannot
provide positive and verifiable proof of such consents and opt-ins, W3HUB
will consider the mass mailing to be unsolicited.
Mailing Lists – Users are
prohibited from operating mailing lists, listservs, or mailing services that
do not target an audience that has voluntarily signed up for e-mail
information using a Confirmed Opt-In or Closed-Loop Opt-In process or that
has made their e-mail addresses available to a User for distribution of
information. Users who operate mailing lists must maintain complete and
accurate records of all consents and Confirmed Opt-In or Closed-Loop Opt-In
elections and provide such records to W3HUB upon its request. If a User
cannot provide positive and verifiable proof of such consents and Confirmed
Opt-In or Closed-Loop Opt-In elections, W3HUB will consider the list mailing
to be unsolicited. Any User-maintained mailing list must also allow any
party on the list to remove itself automatically and permanently.
prohibited activities include, without limitation, the following:
- Use of W3HUB Network for the
receipt of replies to unsolicited mass e-mail.
- Forgery of e-mail
- Spamming via third-party proxy, aggregation of
proxy lists, or installation of proxy mailing software.
of a mail server to accept and process third-party messages for sending
without user identification and authentication.
- Hosting web pages
advertised within “spam e-mail” sent from another network (“spamvertising”).
- Hosting web pages or providing services that support spam.
other unsolicited bulk messages, postings, or transmissions through media
such as weblog posts, IRC/chat room messages, guestbook entries, HTTP
referrer log entries, usenet posts, pop-up messages, instant messages, or
- Instructing others in any activity prohibited by this
If any Customer or any Third Party User that is a customer of
our Customer uses W3HUB Services, W3HUB Network or its physical
infrastructure in a manner that causes W3HUB to be “blacklisted” or blocked,
W3HUB reserves the right to (i) suspend permanently or terminate W3HUB
Services of such Customer and/or (ii) suspend permanently or terminate the
access to W3HUB Services, W3HUB Network or its physical infrastructure by
such Third Party User. Operating W3HUB Service on behalf of, or in
connection with, or reselling any service to persons or firms listed in the
Spamhaus Register of Known Spam Operations database at www.spamhaus.org
shall constitute a violation of this AUP.
Block Removal – If, as a result of
a Customer’s actions, W3HUB’s mail servers or IP address ranges are placed
on black hole lists or other mail filtering software systems, W3HUB shall
charge Customer $100 upfront and $100 per hour thereafter for any necessary
Users are NOT allowed to send more
than 300 email per hour per hosting account (each email can be sent to
maximum 300 recipients, as each unique recipient will be counted as one
Mailing lists larger than 300 will
require a semi dedicated, VPS, or dedicated server from us. Dividing one
list into smaller parts to get around this limit is not allowed.
Files in excess of 10 MB should not
be sent via email.
Any attempts to undermine or cause harm to a W3HUB server or
customer are strictly prohibited.
W3HUB's shared web hosting accounts are not configured for
the purposes of distributing software and/or multimedia
products. If you wish to distribute software and/or
multimedia files, please contact email@example.com to make
Multimedia files are defined as any graphics, audio, and
video files. W3HUB shared web hosting accounts are not to be
used for the purposes of distributing and storing unusual
amounts of multimedia files. Any web site whose disk space
usage for storing multimedia files exceeds 80% of its total
usage, in terms of total size or number of files, will be
considered to be using an unusual amount of multimedia
Any database stored on W3HUB's servers shall not exceed 90%
of the total disk space allotted for that
particular domain's plan/web hosting account.
The Digital Millennium Copyright Act ("DMCA") sets
forth the requirements for valid copyright infringement
notification. If you would like to notify W3HUB of an infringement of your
copyright, the DMCA requires that you:
Send your notification to
Include in your notification the
A physical or electronic
signature of the copyright owner or a person authorized
to act on the copyright owner's behalf (the "Claimant")
Identification of the copyrighted
work(s) claimed to have been infringed
Identification of the material
claimed to infringe the copyright(s), and enough
information for W3HUB to locate it
The Claimant's name, address, and
A statement that the Claimant has
a good faith belief that use of the disputed material is
not authorized by the copyright owner or his agent
A statement, under penalty of
perjury, that the information in the notification of
copyright infringement is accurate and that the Claimant
is authorized to act on behalf of the copyright owner.
You may cancel your account at any time with 14 days notice.
Your website will be removed if you cancel your subscription
without telling us. We may cancel your account immediately
if you fail to comply with all the terms of this agreement,
terms posted on our web site or other terms that have been
sent to you via e-mail. We may also cancel your account by
giving you 1 day notice when we find your websites are not
suitable for us to host by our sole discretion. We have a
ZERO Tolerance for SPAM and any domain found spamming will
be TERMINATED from our servers immediately. All cases are
thoroughly investigated, and at first complaint of spam the
account will be put on hold until further law action. No refunds will be given for early termination of service.
All accounts are billed and charged according to the agreement between W3HUB
and the Customer. Customers may be billed on arranged cycles
automatically when using PayPal. You have the right to cancel your account at any time for any
reason. To cancel your account you can email
or logon to your PayPal account to cancel subscription.
Customer may also choose alternate payment method such as
Credit Card (Master/Visa credit or debit card), mail in
cheque, interbank fund transfer/Telegraphic transfer or any
arrangement made by W3HUB. Only
upon receipt of payment, your account will be processed within 1 to 2
working days. W3HUB reserves the right to suspend other services until the outstanding debt
is cleared. The client is responsible for all money owed on the account
from the time it was established to the time that the client sends
an cancellation request. All invoices will be sent directly to clients via
email shortly after the online purchase has been made. You could also
logon to your W3HUB member login system to view all your billing information and
invoices and change them how ever you want.
Failure to Pay
The Company may temporarily deny service or terminate this Agreement
upon the failure of Client to pay charges when due. Such termination or
denial will not relieve Client of responsibility for the payment of all
accrued charges, plus reasonable interest and any collection fees. Service
interrupted for nonpayment is subject to a SGD$150
All requests for canceling accounts should be made at least 48-72 hours before
expiry date of account. Upon submitting the cancellation request server
access will be disabled. If for any reason after submitting cancellation
access is enabled a SGD$50 fee will be applied. No refunds will be
given for early cancellation of service.
Account cancellations should be process via e-mail to:
By using your account with W3HUB, you agree to the
W3HUB. Upon account
activation, you are required to accept these policies,
guidelines, and disclaimer and a copy of your acceptance is
forwarded along with your activation request to be
maintained within your account information.
If you sign up for an account and do not follow our terms,
no refunds will be given.
Note: W3HUB has the authority to discontinue or suspend your account
whenever necessary according to its internal or external policies.