Terms of Service

WPMU Hosting ( A division of AEC NU Computers and Internet) is able to provide customers with unmatched speed, power, and performance only by ensuring that all system policies are enforced.

 

(Note: It is the responsibility of all WPMU Hosting customers to read and abide by our system policies. Below are the policies that all customers acknowledge reading and agreeing to.)

 

WPMU Hosting provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of WPMU Hosting are subject to the following terms of service:

Indemnification Policy

 

You agree to use all WPMU Hosting services and facilities at your own risk. WPMU Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall WPMU Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold WPMU Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against WPMU Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless WPMU Hosting against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with WPMU Hosting’s server.

 

WPMU Hosting reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from WPMU Hosting’s server. WPMU Hosting shall be the sole judge of what violates these Policies.

 

Appropriate/Acceptable Usage Policy
Spam / UCE Policy
Script/CGI Usage Policy
Bandwidth Usage Policy
Disk Space Usage Policy
Add-on domains Policy
Billing Policies Section incl. Delinquencies, Refunds & Cancellations
Limitation of Liability
Disclaimer

 

Appropriate/Acceptable Use Policy:

 

All services provided by WPMU Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any 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 Hosting Client agrees to indemnify and hold harmless WPMU Hosting and its employees from any claims resulting from the use of the service which damages the Hosting Client or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on Seatytle data center servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

 

Pornography, adult content and sex-related merchandising are permitted in our Kansas City data center provided the content is legal in the state of Missouri and the United States of America. This includes sites that may infer sexual content, or links to pornography elsewhere. Nude “art” is permitted at both of our data centers i.e. Seattle and Kansas City

 

Hosting Client 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, Hosting Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

 

Hosting 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 Hosting 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.

 

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

 

1. WPMU Hosting reserves the right to refuse service or cancel existing accounts for any reason at any time. In the event of an account cancellation by WPMU Hosting or by the customer, WPMU Hosting will not issue a refund.

 

2. WPMU Hosting reserves the right to change fees at any time with a 30 day notice given prior to effective date of said fee with the exception of a reduction in fees. Note: in the 16 years ( 1998 ) that we have been in the telecommunications business we have never had a price increase though we have had price decreases which are then reflected without notice on account holders invoice.

 

3. WPMU Hosting is not responsible for lost revenue, traffic, or data caused by server down time or failure, domain name transfers, or any other error – mechanical or human.

 

4. Clients/Customers of WPMU Hosting are forbidden from partaking in an “abusive practice.” The following is a list of current abusive practices. WPMU Hosting reserves the right to add to or modify this list at any time.

 

Sending unsolicited commercial e-mail with your account. Also, a violation is incurred if any unsolicited email is reported relating to your domain with us in anyway, regardless of what SMTP (outgoing mail server) was used to transmit the message.

 

Upload, posting or reproducing in any way materials protected by copyright without the permission of the copyright holder.

 

Participating in an abusive practice will lead to an immediate account termination without prior notice or refund of any pre-payment.

 

5. Clients/Customers of WPMU Hosting are bound to all system policies not specifically listed within this agreement. A list of all policies can be found in the Policies section. Violation of any of these system policies will result in an immediate account cancellation without refund or access to hosted files.

 

6. This agreement is not assignable or transferable without the express written consent of WPMU Hosting

 

7. WPMU Hosting services may only be used for lawful purposes. Transmission of any material in violation of any U.S. or any state regulation is prohibited. This includes but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.

 

The Client/Customer specifically agrees to indemnify and hold harmless WPMU Hosting from any claim resulting from a breach of these terms, and/or the use of the service which damages another.

 

8. This agreement shall be governed by the Laws of the State of Pennsylvania. Any action in regard to this agreement or arising out of its terms and conditions shall be instituted and litigated in Sofia Bulgaria. Each of the parties consents to jurisdiction in such Court and agrees that service of process as provided by the states and rules of civil procedures of the Republic of Bulgaria shall be sufficient.

 

9. This agreement constitutes the entire agreement between the parties hereto.

 

Spam / UCE Policy

 

Recent growth of the Internet has brought about more possibilities for abuse of this new communications medium. Thus, WPMU Hosting has developed the following policies regarding abuse of Internet services. These policies were established to protect you, our Clients/Customers from Internet harassment and intrusions of privacy.

 

“Netiquette” is a term which has come to receive widespread use on the Internet. Netiquette is generally defined as the standards or practices an individual or organization engages in to engender responsible Internet citizenship on their behalf, as well as refraining from standards or practices which would impose undue financial, time, or social constraints on other users of the Internet.

 

The Internet has no single governing body. There is no Internet Management to complain to when things go wrong. Every facet of the Internet is overseen by individual organizations (such as WPMU Hosting) whose networks are interconnected to form the Internet. Additionally, every user of the Internet is responsible for his/her own behavior.

 

Due to the decentralized system of responsibility, the Internet has managed to retain a sense of “community”. Even though many large, commercial entities have recently come online, most of the information on the Internet is made available through the efforts of Internet citizens around the world who have a desire to simply share information with other people.

 

Because the Internet is simply an interconnected set of similar networks, each entity using the Internet assumes some liability for the cost associated with traffic and storage. When the costs of storage space and transmission are all figured together, a single newsgroup posting can cost the collective Internet thousands of dollars! There are similar costs associated with the bandwidth required to transmit e-mail. Therefore, someone using e-mail or news postings for abusive purposes can create a large financial impact on the individual networks involved.

 

Aside from the financial costs, individuals who have fallen victim to some sort of Internet abuse have other costs including decreased effectiveness of the Internet. For example, someone besieged by SPAM e-mail (a massive bulk e-mail message to Hosting Clients who did not indicate any desire to receive such e-mail) spends additional time downloading and responding to e-mail which was not requested in the first place. A newsgroup Hosting Client may see their favorite newsgroup overrun with meaningless off-topic advertisements; thus, obscuring any effective information still remaining in that newsgroup.

 

When a WPMU Hosting Client/Customer performs one of these abusive activities, WPMU Hosting pays the price as well. The additional time WPMU Hosting employees spend responding to complaints could be better spent providing other services. If the hosted domain appears anywhere in the e-mail headers, we will get complaints. In particularly egregious incidents, angry Internet users have been known to “mail bomb” an ISP by setting up programs to send so much e-mail that the ISP’s mail server crashes thereby denying e-mail access to every customer of the ISP. Our system is robust enough to escape most of these types of activities. However, we WPMU Hosting cannot escape every undesirable activity.

 

Because of the potential consequences of this type of activity, WPMU Hosting disapproves of this type of behavior by its Clients/Customers. Any WPMU Hosting customer who abuses the resources of the Internet in any of the following ways will lose their access to the WPMU Hosting network permanently. This includes:

 

1. Excessive posting of e-mail to Internet users who previously have not indicated a desire to receive such e-mail;

 

2. Posting messages to multiple Internet newsgroups which are not immediately relevant to the topics of the newsgroups;

 

3. Posting advertisements on groups that don’t specifically permit advertising. (How do you know? Watch the group for a while before you post blindly. If other people are advertising openly, then you are pretty safe doing the same. Don’t advertise unless you are sure.)

 

4. Using the WPMU Hosting network for any illegal purpose.

 

There are literally thousands of advertising and marketing resources that are effective and are available for low or no cost. These include classifieds on every one of the thousands of malls on the Internet, your WPMU Hosting web space, registering with search engines, appropriate USENET postings. This is not to say that advertising on the Internet is not allowed. It simply means that WPMU Hosting reserves the right to cancel the account of any Hosting Client who advertises inappropriately especially through the use of unsolicited mass mailings and spamming using USENET.

 

If the subject of Internet abuse is still unclear, please see one of the following URLs:

 

http://www.ietf.org/rfc/rfc1855.txt
http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business

 

Any Hosting Client who violates the SPAM policies of WPMU Hosting will be charged $80.00 per hour for the time it takes to “clean up” the SPAM. This shall include but not be limited to the time required to answer mail from recipients of your SPAM and/or repair any damage to the server due to the “mail bombing” or other actions of the recipients in response to the SPAM.

 

WPMU Hosting will in turn provide the name and personal information of any person found to be in violation of any laws to the appropriate state and/or federal officials for further legal action.

 

Script/CGI Usage Policy

 

Our servers are not your testing platforms though we realize many folks will be developing sites which is allowed. User accounts are on high performance live production server(s) which may be responsible for maintaining many accounts. Your server space is being provided to display your product to the web – NOT for testing purposes. Any script that the on duty administrator deems to be potentially threatening to the overall performance of our web server(s) will be terminated immediately and your account access will be locked out. When scripts are executed that are potentially harmful to the server in the long term, the offending account will be terminated immediately without a refund of any pre-paid fees. A termination includes the purging of all files. Note: we almost always will provide for download the last full WHM/cPanel backup we have of any terminated account complimentary. Exceptions are phishing sites and the like which will never be included in a backup.

 

Please note the following cgi usage policies:

 

Scripts may not interact with any server configuration or hardware configurations. Users running scripts that interact with any server configuration or any hardware configuration will be subject to immediate cancellation of the user account without refund.

 

The script can be used and referenced from any site on the Net (i.e. free counters, etc.); however, scripts must stay within the allowable usage of system resources. Users using more resources than a user account is entitled to use will be assessed additional monthly charges i.e. disk space, bandwidth etc.

 

The script must be executed in a timely fashion. Scripts must be secure. Unnecessarily chmoding scripts to 777 is a policy violation. Placing scripts in a publicly viewable directory (one without an index.html files) is also a policy violation as stated and incorporated herein.

 

Any accounts with scripts found in violation of any WPMU Hosting policy are subject to future scrutiny of all scripts/cgi by our system administrator. If a script is found to be harmful to the system, it will be killed immediately and the account locked until the account owners have been contacted. Any time spent by WPMU Hosting to kill a script and/or to lock an account will be billed to the account at a rate of $80.00 per hour. Malicious scripts are subject to immediate account cancellation.

 

Bandwidth Usage Policy

 

The official WPMU Hosting policy is to provide enough monthly bandwidth so that any site using normal resources will be able to perform without a problem. If a site uses over it’s allotment of bandwidth for its type of account occasionally, the Client/Customer will be charged an additional 10 cents per GB over allotment per month. If a site is popular enough that is using more than its bandwidth allotment regularly, then the Client/Customer is expected to be responsible for higher charges based on the amount of data transfer. The Client/Customer acknowledges, in advance, that he/she will be charged an additional 20 cents per GB if the bandwidth exceeds the allotment for the users account and will be encouraged to upgrade their plan to a higher plan with more bandwidth in an effort to offset the extra bandwidth charges.

 

The customer will be e-mailed a notice once an additional amount is assessed to the customer account. Warnings will not be sent to notify customer that the limit has been reached or exceeded. This term and condition is non-negotiable.

 

Customers have the right to use their account for any type of legal data transfer including providing free image services that can be linked from the owner’s account from any other service.

 

Disk Space Usage Policy

Disk space allocation is chosen by the customer when choosing their hosting plan. If a site uses over it’s allotment of disk space for its type of account occasionally, the customer will be charged an additional 1 cents (one cent) per MB over allotment per month. If a site is using more than its disk space allotment regularly, then the customer will be encouraged to upgrade their plan to a higher plan with more disk space in an effort to offset the extra disk space charges.

 

Add-on Domains Policy ( Not applicable to VPS/Reseller and Dedicated server accounts )

Add-on Domain accounts allow webmasters who own more than one domain to host them using the same resources as their main account. These accounts are NOT to be used as resalable accounts. They will be accessible with the same user name and password as the default account.

 

Account holders can use/create add-on domains added to their main account instead of purchasing another full virtual account.

 

Additionally, all FTP/POP accounts, bandwidth, disk space, etc. will use the admin account. These accounts can be setup with www.domain.com to point to existing domain.com/domain/

 

Billing Policy Section

 

SECTION 1.0: ACCOUNT PAYMENT

 

SECTION 1.1: PAYMENTS

 

WPMU Hosting accepts payment via PayPal and 2Checkout (2CO) to cover all current and future monthly fees.

 

SECTION 1.2: PAYMENTS VIA CHECK

 

For accounts paying by check, payment equivalent to the setup fee and a one-month service deposit must be received at our office before the order will be processed. All invoices are sent via email 10 days before the anniversary date of your account each month. Payments are due no later than the 10th Day. Customers are responsible for paying their account even if they do not receive their invoice.

 

SECTION 1.3: PAYMENT VIA INTERNATIONAL CHECKS

 

Checks that are written that do not draw upon a US bank will have processing fees imposed by the banks. Processing fees imposed by the bank will be billed to the customer.

 

SECTION 2.0: LATE / NON-PAYMENT

 

SECTION 2.1: LATE CHECK – NO PAYMENT

 

If payment has not been received by the 10th day from invoicing, an automatic suspension of an account will occur. All accounts delinquent will be subject to a 10% re-activation/late fee. Accounts delinquent for more than 15 days are subject to a complete cancellation/termination.

 

SECTION 2.2: PAST DUE BALANCE OF CUSTOMERS OWNING MULTIPLE ACCOUNTS

 

If a Client/Customer owns more than one account, any prepayment made toward other accounts will be used to cover the outstanding debt of the current accounts. Additionally, on the next due date or each account, the account will be adjusted accordingly.

 

SECTION 2.3: FREQUENTLY DELINQUENT POLICY

 

WPMU Hosting considers a Client/Customer to be “frequently delinquent” after the third past due or payment problem notice within any one year period. Clients/Customers who become “frequently delinquent” are required to have a positive account balance at all times to receive continued service.

On the account annivesary day of any month, a “frequently delinquent” customer must have enough money in his/her account to cover the next month’s hosting fee. When a “frequently delinquent” customer fails to have sufficient funds to pay for the next month of service, the account will be suspended immediately and the account will remain suspended until payment is made. This policy applies to all payment methods. This policy is nonnegotiable

 

Section 2.4: Late Payments:

 

All accounts are billed according to the dates they were first activated on. If one does not pay for service renewal in 15 days after suspension, the account will be termianted/closed.

 

Our billing system automatically sends out reminders and suspension notices etc. up to termination and account closure.

 

SECTION 3.0: CANCELLATION POLICY

 

SECTION 3.1: REQUESTING OF A CANCELLATION

 

Due to security reasons – cancellations will only be accepted if it is done by ONE of the following methods:

 

1. The customer may submit his/her virtual authorization by requesting cancellation on-line via the ticket system or in the client area.

 

2. The customer may call in a cancellation request to 800-805-9044 ~or~ 814-412-9023

 

The request must include the following information account name, domain name and password

 

SECTION 3.2: RESULT OF A CANCELLATION

 

When a cancellation request is made, the technical department will immediately remove all configuration information as well as all contents of the account if made by telephone ~or~ as chosen by the client in the client area i.e. end of billing period ~or~ immediately.

 

In the end, WPMU Hosting will remove all files. This may include unread e-mail left on WPMU Hosting servers.

 

SECTION 4.0: REFUND POLICY

 

SECTION 4.1: REFUNDS WITHIN THE FIRST 30 DAYS OF SERVICE

 

If an account is canceled within the first 30 days of service, the customer will receive a full refund of all account fees except overages if any. This 30 day policy shall include the 30th day. Any over usage fees including but not limited to additional bandwidth will not be refunded.

*Note: The 30 day money back guarantee does NOT apply to Dedicated Servers or VPS Accounts and Domain Name registration fees are all nonrefundable.

 

SECTION 4.2: REFUNDS OUTSIDE OF THE FIRST 30 DAYS

 

All services rendered to date will be billed and must be paid. Refunds will be issued only as indicated above. Accounts established under prepaid contracts are normally offered a discount. If cancellation of a prepaid contract occurs before the prepaid term expires, the discount will be voided and each month of service used will be billed at the regular monthly rate. If prepayment funds remain after payment of the monthly rate for each month of service used, a refund will be issued.

 

Refunds are only valid from the date of the official cancellation request under section 3 of this policy.

 

SECTION 5.0: KEEPING BILLING RECORDS CURRENT

 

SECTION 5.1: UPDATING YOUR BILLING INFORMATION

 

You can submit billing information changes to WPMU Hosting via the client area. Any communication must include the main account user name / password.

 

SECTION 5.2: OUT OF DATE RECORDS

 

Periodically it may become necessary to contact the customer. If the information provided to us is not current, it may lead to customers failing to receive notices. The customer is responsible for keeping records current at all times.

 

SECTION 5.3: Billing

 

All customers of WPMU Hosting must abide by all the terms set forth in this document and all other policies. Violation of any of these terms can and will result in the immediate termination of an account.

 

Billing/Invoicing will be made 10 days before/prior to the actual due date and/or on due date itself.

 

Due date is the actual day of the month you signed up for a specific product and/or service – unless it is a non-recurring product or service transaction then of course no further billing is initiated.

 

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan chosen by the Client/Customer during signup.

 

We accept PayPal and 2Checkout. There are no contract periods but for each successive period, your account/services are automatically renewed unless we are notified otherwise.

 

WPMU Hosting is not responsible for actions that are taken as a result of customer’s failure to respond to WPMU Hosting notifications, invoicing, and related notifications.

 

SECTION 6.0: RESELLER DISCOUNTS

 

 

AECNU/WPMU Hosting offers resellers discounted rates on our services. Discount levels are based on the number of active hosting plans ( discounts do not include control panels, software and the like ).

 

1-2 hosting plans – No discount

3+ hosting plans – 25% discount on shared hosting plans and 10% on VPS/Reseller plans and Dedicated Servers

 

 

There are three easy steps to becoming a AECNU/WPMU Hosting Reseller.

 

Purchase one VPS/Reseller plan and any other two Hosting Plans (not including upgrades).

After 30 days of service, with no abuse issues and successful payment history – submit a ticket requesting reseller status

Once approved, resellers will see new reseller functionality in our WHMCS client area and receive a discount on all purchased hosting plans as described above.

 

 

Resellers are bound by our terms of service ( This very document ) and acceptable use policy.

 

SECTION 6.1: RESPONSIBILITY OF RESELLERS FOR COLLECTING PAYMENTS FROM THEIR CLIENTS

 

Resellers of WPMU Hosting are responsible for collecting payments from their own customers with the exception of those executing our reseller/affiliate program via our WHMCS installation – in which we get the payment directly. Resellers are in turn responsible for payment directly to WPMU Hosting for the full amount of their own monthly bill. Resellers shall pay WPMU Hosting for the services provided to Reseller by WPMU Hosting regardless of Reseller’s ability to collect payment for his/her services provided to his/her clients/customers. To assist Resellers with the collection of overdue accounts, WPMU Hosting will suspend an account and then reactivate it free of charge if reseller does not have the ability to do so themselves.

 

“Suspended” accounts will still be billed to the Reseller unless they request a cancellation of the account.

 

We reserve the right to change the terms of this agreement at any time without notice and changes will be made here on this Agreement Page. Exception: Changes in pricing if an increase will be done with a thirty day notice.

Note: in the 16 years ( 1998 ) that we have been in the telecommunications business we have never had a price increase though we have had price decreases which are then reflected without notice on account holders invoice.

 

LIMITATION OF LIABILITY:

 

WPMU Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from WPMU Hosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, WPMU Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of WPMU Hosting servers. All damages shall be limited to the immediate termination of service.

DISCLAIMER:

 

WPMU Hosting cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by WPMU Hosting are resold. Thus, certain equipment, routing, software, and programming used by WPMU Hosting are not directly owned or written by WPMU Hosting. Moreover, WPMU Hosting holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question may be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as WPMU Hosting sees fit. FURTHERMORE, WPMU Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.