Following below “We”, “Our” and “US” are referring to Wimax Host, the service provider.
“You” is referred to the person "the Customer" who is using our services.
Wimax Host reserves the right to refuse service and / or access to its servers to anyone. Wimax Host does not allow to host contents or links promoting any religion or sect. Following contents are also not allowed to host.
Illegal Material
This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any federal, state or local regulation.
Adult Material
includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Wimax Host.
Warez
includes pirated software, roms, emulators, hacking, password cracking. Ip spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.
Spam
Wimax Host has zero tolerance for ube/uce (unsolicited bulk email/unsolicited commercial email). This policy protects our customers as well as the internet community from the negative effects of “spam” related activity. We define ube/uce as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and certifiably request such material from that specific sender. We define spam as any type of unsolicited email used for any purpose. Any unsolicited email being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending unsolicited email and other forms of spam. This includes, but is not limited to:
Using a non-existent return email address when sending commercial solicitations.
Mail-bombing (sending numerous messages to the same user).
Subscribing someone else to a mailing list without that person’s permission.
Posting the same article to multiple newsgroups.
Using another network to send spam that relates in any way to Wimax Host or any site hosted by Wimax Host (including your site).
If a client is found in violation of the above no-spam policy, the offending account will be terminated without notice and no refund will be issued.
Email Usage Limits:
There is a 100 outgoing email hourly limit per domain. This limit is also applied towards mailing lists also. If you send over this amount in any hour, most of the emails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.
Content of Websites:
All services provided by Wimax Host may only be used for lawful purposes. The customer agrees to indemnify and hold harmless Wimax Host from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder or host any type of religious content will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email support [at] Wimax Host with the information required.
Examples of Unacceptable Material Include:
Religious sites (any type of religious content and uses texts or rituals of religion to ridicule or shock )
Political content
Music, songs and copying of pirated books, photographs, or any other copyrighted work
Selling and promoting drugs, any type of medicines, alcohol or tobacco products.
Running or promoting lottery / gambling websites.
Hacker focused sites/archives/programs or spreading any type of viruses
Sites promoting illegal activities
Sale of any controlled substance without prior proof of appropriate permit(s)
Pirated software/warez
Broadcast or streaming of live sporting events or tv channels (ufc, nascar, fifa, nfl, mlb, nba, wwe, wwf, icc events etc)
Forums and/or websites that distribute or link to warez / pirated / illegal content
Image hosting scripts (similar to photobucket or tinypic)
File dump / mirror scripts (similar to rapidshare)
Mail bombers / spam scripts
Proxy scripts / anonymity
Irc scripts / bots
Autosurf / ptc / pts / ppc sites
Ip scanners
Bruteforce programs / applications / scripts
Banner-ad services (commercial banner ad rotation)
Commercial audio streaming (more than one or two streams)
Escrow / bank debentures
High-yield interest programs (hyip) or related sites
Investment sites (forex, e-gold exchange, second life / linden exchange, ponzi, mlm / pyramid scheme) Bank debentures / bank debenture trading programs.
Fraudulent sites (including, but not limited to sites listed at aa419.org & escrow-fraud.com)
High Resource User Policy
Resources are defined as bandwidth and/or processor utilization. Wimax Host may implement the following policy to its sole discretion: when a website is found to be monopolizing the resources available Wimax Host reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
User May Not:
Use 75% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: cgi scripts, php, ftp, asp, .net, http, etc.
Run cron entries & scheduled tasks with intervals of less than 20 minutes
Run any mysql or ms sql queries longer than 15 seconds. Make databases tables should be indexed appropriately.
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
Participate in any file-sharing / peer-to-peer activities.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as ircd.
Run any type of web spider or indexer (including google cash / adspy) on shared servers.
Run any software that interfaces with an irc (internet relay chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
When using php include functions for including a local file, include the local file rather than the url. Instead of include(“http://www.yourdomainname.com/include.php“) use include(“include.php”)
While our services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated cpu and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 75% of the server resources and / or 75% of the server’s cpu.
This means that if your website is found to be utilizing more than 75% of the cpu and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can upgrade your hosting package.. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
Backup Policy
Wimax Host offers free backup service to its web hosting clients. We offer monthly backups of our all hosting nodes with 1 month recovery point, so users can restore the backup of their data from the previous month.
Account suspension period of 3 days after non-payment. If your payment is due and you do not pay your dues, your account will be suspended after 3 days automatically. And in case of none payment, and your account remains suspended for 60 days or more will be terminated completely from our servers and no backups will be provided after a 60 days period of account suspension.
Please remember
We strongly recommend all of our customers to take their own backups of website files, database & emails to ensure they have ready access to their data in a hardware failure event. Though we do not expect anything like this to occur, we want you to be prepared in the event that it does. We keep our customer backups on a remote server but we do not guarantee them being able to work. In some cases, backups taken can be corrupt. Any data loss during a hardware or raid failure is not the responsibility of Wimax Host or Wimax Host support staff. Therefore, it’s the customers responsibility to have multiple copies of their website backup.
When the services will be available?
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.
Billing Policy
All accounts are set up on a prepay basis. Although Wimax Host reserves the right to change prices of accounts or services at any time. Wimax Host may charge its customers for 1 year while new rates would apply on them upon the updated rates. (this means they would need to pay extra to continue using the hosting services) Wimax Host reserves the right to charge its customers automatically again at the end of their prepay period via debit/credit card payments.
Billing Periods
Wimax Host bills on a monthly, half-yearly and yearly cycle. Account and billing anniversary information will be sent to you after we have processed your order. Prompt payment is necessary to ensure uninterrupted service of your account.
Payment
For renewal, Wimax Host must receive your order by the beginning of your billing period. All unpaid balances incurred during the period of service by Wimax Host are subject to collection. In addition, Wimax Host reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. All payment is in us$.
Refund Policy
You can cancel your hosting plan within the first 7 days for a full refund.
If you cancel within 7 days you receive a full refund on your hosting service only. The money-back guarantee does not apply to most add-on products, such as domains, given the unique nature of their costs.
Wimax Host does not offer any refunds for cancellations that occur after 7 days of account registration.
Cancellation of Account
Any request for cancellations must be received via client area you’ll receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email cancellations are not accepted.
Submission of the cancellation form does not automatically complete the cancellation request- your account may be past due or delinquent in which case the balance must be settled before cancellation of an account can be possible. Domain name transfers, non-usage, internic problems, isp problems, or any other secondary issues not directly related to Wimax Host’s services does not qualify an account for cancellation. Customers are urged to make sure that they receive a cancellation confirmation from Wimax Host, indicating the closure of a domain and/or an account has been completed.
Domain Policy
The term “you” shall refer to yourself. By entering into this agreement, in addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as your agent. You also agree to be bound by the terms of this agreement for transactions entered into by anyone who uses the account you’ve established with Wimax Host, whether or not the transactions were on your behalf.
To complete the registration process, you must read this entire agreement, as well as our dispute policy and agree to be bound by all the terms and conditions. You acknowledge that Wimax Host is a registrar bound by an agreement between Wimax Host and the internet corporation for assigned names and numbers (“icann”). You agree that Wimax Host may modify this agreement in order to comply with applicable law and the terms and conditions set forth by icann.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Wimax Host harmless from all liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Wimax Host, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Wimax Host against liabilities arising out of;
Any injury to person or property caused by any products sold or otherwise distributed in connection with Wimax Host’ server;
Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
Copyright infringement and
Any defective products sold to customers from Wimax Host’s server.
Disclaimer:
Wimax Host will not be responsible for any damages your business may suffer. Wimax Host makes no warranties of any kind, expressed or implied for services we provide. Wimax Host disclaims any warranty of 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 Wimax Host and its employees. We strongly recommend all of our customers to do their own backups of website files, database & emails to ensure they have ready access to their data in the event we should have a hardware failure. Though we do not expect anything like this to occur, we want you to be prepared in the event that it does. Wimax Host reserves the right to update its policies at any time without any notice.
Website Optimization
By purchasing any of our web hosting plans, you authorize Wimax Host staff to install required plugins on your or your clients wordpress websites without any notice.
You authorise Wimax Host to purge the .trash folder in file manager every 7 days.
Website Security
In case your website has been hacked, or our firewalls detect a virus being uploaded, you agree to allow Wimax Host server firewalls to suspend your website for security and investigation whenever a virus is detected. You also agree that we may disable any function/feature on our servers for security without any notice.
Wimax Host
Wimax Host also reserves the right to cancel your account within 24 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.
By using our services, you also authorize our staff to access your website databases, files, and emails for debugging or to solve any issues that you might be facing.
By using Wimax Host services you agree to the above terms of service as in effect from time to time.
