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 service.
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 merchandising.
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 DATA;
– 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 this Agreement.
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:
– Consume 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 shared server.
– Database 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 W3HUB.
– 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.
You are 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 month.
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 servers.
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 servers.
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.
Other 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 headers (“spoofing”).
– Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.
– Configuration 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.
– Any 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 SMS messages.
– Instructing others in any activity prohibited by this AUP.
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 remedial actions.
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 message sent).
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 special arrangements.
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 files.
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 firstname.lastname@example.org
- Include in your notification the following information
- 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 telephone number(s)
- 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 email@example.com 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 reactivation charge.
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: firstname.lastname@example.org
Note: W3HUB has the authority to discontinue or suspend your account whenever necessary according to its internal or external policies.