At WagDrop, llc., we value our customers and wish to provide them with a positive experience. To offer you the best service possible, all customers need to follow the same rules and guidelines. These policies are intended to make WagDrop, llc.'s Service available to all our customers as consistently and efficiently as possible.
User-Supplied Content
All services may be used for lawful purposes only. Through WagDrop, llc.'s Service, you may have access to chat areas, bulletin boards, web pages, email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local law. You are solely responsible for the content you make accessible through the WagDrop, llc. Network. You may not use the Service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.
WagDrop, llc. is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, WagDrop, llc. has the right, but not the obligation, to edit, remove or deny access to such content. WagDrop, llc. may disclose any content or records concerning customer's account as required to satisfy any law, regulation, governmental request or court order.
Sites that promote any illegal activity or content that may be damaging to WagDrop, llc.'s servers or any other server on the Internet are strictly prohibited. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links:
- Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
- Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
- Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers.
Network Security
Customers may not use the WagDrop, llc. Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. WagDrop, llc. will cooperate fully with investigations of violations of systems or network security at other sites, llcluding cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
CGI Scripts
Each WagDrop, llc. account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by WagDrop, llc. is not allowed.
Chat Rooms
WagDrop, llc. prohibits its customers from installing outside chat rooms on their domain, as these tend to be a resource problem. WagDrop, llc. does provide its customers a choice of Java chat rooms to choose from for a nominal monthly charge. These chat rooms were designed to meet the growing needs of customers and function without hindering the performance of the servers for others.
Server Resources
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 an option of either upgrading their service level or reducing the resource used to an acceptable level.
Background Running Programs
Background daemons in general are prohibited. WagDrop, llc. will consider requests on a per-application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.
Maintenance.
WagDrop, llc. may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems. However, WagDrop, llc. . shall provide prior notice where it is reasonably practicable under the circumstances, and shall restore service as soon as is reasonably practicable. Customer will not be entitled to any discount, refund or other credit, in case of any service outage which is beyond WagDrop, llc. control or which is reasonable in duration. Notices will be issues in a users "News" section of the Cpanel. Email will also be sent when possible.
IRC
WagDrop, llc. currently prohibits its customers from operating IRC or IRC Bots on any of the servers in the WagDrop, llc. Network.
Commercial Advertising/Mass Mailings/UCE/SPAM
You must not use the WagDrop, llc. Network, WagDrop, llc. equipment or any WagDrop, llc. email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the WagDrop, llc. Network, WagDrop, llc. equipment or any WagDrop, llc. email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, without warning, WagDrop, llc. reserves the right to disable your domain/terminate your account. In addition, WagDrop, llc. may impose a $100 penalty for each spam policy violation. WagDrop, llc. solely reserves the right to refuse or cancel service to known spammers. Lastly, WagDrop, llc. reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties.
Bandwidth
Customer agrees that advertised bandwidth allowances represent the sum of the incoming and outgoing allowances per server per calendar month, such that the incoming bandwidth allowance is half of the advertised value and the outgoing bandwidth allowance is half of the advertised value. For example, 2,000 GIG means you have 1,000 GIG exclusively for downloads per calendar month, and 1,000 GIG exclusively for uploads per calendar month. Customer agrees that bandwidth usage that exceeds the allowance either incoming or outgoing shall be billed at $5.00 per GigaByte. These amounts are calculated at the data center's Ethernet switch and are 100% accurate and nondisputable. If you would like a bandwidth report statement directly from our data center for any given month for any server, this can be provided upon your request at the cost of $50 each.
Throughput
WagDrop, llc. agrees that it will maintain a 100 Mbps connection to each server, however, WagDrop, llc.. does not guarantee any response time, rate or download speed beyond it’s control, as this is depending on End Users and customer's Internet Service Provider connections
Technical Support Boundaries
WagDrop, llc. does provide 24/7/365 Technical Support to all its account and direct clients via the member area control panel, cpanel ticketing system, email and phone support. However, we do not provide support to your clients or your resellers. WagDrop, llc. does not provide Technical Support or help with programming, HTML code, custom programming and 3rd Party Software, whether installed or pre-installed on your computer or our server. These services are avaliable thru our partner company KrisWagner.com at rates of $55.00 to $325.00 an hour.
Intellectual Property Rights
Material accessible to you through WagDrop, llc.'s Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the WagDrop, llc. Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the WagDrop, llc. Network. If you use a domain name in connection with the WagDrop, llc. Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Domain names
Domain registration/renewal for domains we register on your behalf are $29.95 per year. Discounts or free promotions for domain registrations/renewals are extended during your hosting period with us only. Once your hosting account is cancelled or expires, if you choose to change domain registrars or hosting providers, the difference between the amount paid for your domain to us and the actual full cost for the domain at the full price since the original registration date is due before we will release the domain. Any other outstanding invoices must also be paid or WagDrop will not release, change or process any DNS or name server requests. WagDrop currently maintains agreements with GoDaddy.com, NetSol.com and ENOM.com, WagDrop is a registrar "registrar" recognized bye ICANN.
Refusal of Service
WagDrop, llc. reserves the right at its sole discretion to refuse, suspend or cancel service. Violation of any of WagDrop, llc.'s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts may be terminated for any or no reason at all without any prior notice to the customer. Accounts terminated due to policy violations will not be refunded.
Customer Abuse
We have zero tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund.
Non-Payment:
Payment for services must be received no later than 3 days after the first day of the renewal cycle. (For example, if your renewal date is on the 1st of each month, payment must be received no later than the 4th of each month.) If payment is not received within this timeframe, services may be suspended. If payment is not received within 7 days after the first day of the renewal cycle, services will be irrevocably terminated and all data will be irrevocably removed. An un suspension fee of $150.00 may be added to un suspend services.
Invoiced (non credit card) accounts will be due no later than 5 days after it's due date, a 3% late fee will be applied to the current balance due on the 30 day pay the invoice due date. If your account uses "net terms" your account should be paid according. Should payment not be received WagDrop reserve the right at anytime to refuse, suspend or cancel all support services to that client.
Indemnification
Customer agrees that it will protect, indemnify, save and hold WagDrop, llc. harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against WagDrop, llc., its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold WagDrop, llc. harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with WagDrop, llc.'s Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from WagDrop, llc.'s Services.
Governing Law, Jurisdiction, and Venue
The validity, interpretation, construction and performance of this agreement shall be governed by the laws of the State of Illinois. The Illinois state courts of Cook County, Illinois (or, if there is exclusive federal jurisdiction, the United States District Court for the District of Illinois) shall have exclusive jurisdiction and venue over any dispute arising out of this agreement, and customers hereby consent to the jurisdiction of such courts.
Customer's Sole Remedy
WagDrop, llc.'s entire liability and Customer's exclusive remedy shall be the refund of up to thirty (30) days of service at the discretion of WagDrop's billing department.
Limitation of Liability
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH WagDrop, llc. IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY WagDrop, llc. OF THE RISK OF CUSTOMER'S CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH CUSTOMER'S USE OF THE SOFTWARE AND DOCUMENTATION. ACCORDINGLY, CUSTOMER AGREES THAT WagDrop, llc. SHALL NOT BE RESPONSIBLE TO CUSTOMER FOR ANY LOSS-OF-PROFIT, INDIRECT, IDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICE OR DOCUMENTATION. Any provision herein to the contrary notwithstanding, the maximum liability of WagDrop, llc. to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any service delivered to Customer hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to WagDrop, llc. by Customer for thirty (30) days of service whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of WagDrop, llc. arising out of this agreement. The parties acknowledge that the limitations set forth in this agreement are integral to the amount of consideration levied in connection with the license of the services and documentation and any services rendered hereunder and that, were WagDrop, llc. to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
Satisfaction Guaranteed:
WagDrop, llc. offers a 30 day money back guarantee on our web hosting services. If you are not completely satisfied with our web hosting services within the first 30 days of your contract, you will be given a full refund of the hosting amount excluding setup fees, domain registration fees and overages. This guarantee does not cover yearly or lifetime hosting plans. Only monthly plans are qualified for the satisfaction guarantee. If you have any questions about this offer please contact sales@wagdrop.com prior to placing your order.
Disclaimer
WagDrop, llc. will not be responsible for any damages your business may suffer. WagDrop, llc. makes no warranties of any kind, expressed or implied for services we provide. WagDrop, llc. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by WagDrop, llc. and its employees. WagDrop, llc. reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
Communications Disclaimer
All communications between a Wagdrop representative may take place over electronic email if Wagdrop chooses to do so, this method of communications leaves no doubt as to what either WagDrop or the client are saying.
WagDrop, llc. furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, WagDrop, llc. wishes to emphasize that in accepting services, customers indemnify WagDrop, llc. for the violation of any law or WagDrop, llc. policy, that results in loss to WagDrop, llc. or the bringing of any claim against WagDrop, llc.. This means that if WagDrop, llc. is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against WagDrop, llc., plus costs and reasonable attorneys' fees.
Confidentiality Statement
We at WagDrop, llc. insure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by WagDrop, llc., its representatives and employees, for the purposes for which it was intended, for the benefit of the subscriber. We agree not to share or release such information to any individual, entity, or third party, without the consent of the subscriber, except as required by law, regulation or governmental authority. All information provided to us by the subscriber is properly stored and handled at all times by authorized WagDrop, llc. staff members only.
If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation with or without a refund..
This agreement, user account, and billing will automatically renew unless cancelled in writing 30 days or more prior to the renewal date. If applicable, a cancellation fee equal to one month's web hosting fee will apply. Any account that hold a monthly reoccurring charge of more than $300.00 US dollars will be required to send mail via the US Mail (Certification and Tracking is recommended). |