Terms Of Service:

Use of Service

All Services may only be used for lawful purposes. The laws of the United States of America apply to all Clients of WPHOST. 

You agree to indemnify and hold harmless WPHOST from any claims resulting from your use of WPHOST Services. You represent and warrant to WPHOST

that you are eighteen (18) years of age or older. Any use of or access to the Services by anyone under eighteen (18) years of age is prohibited.

If you use the Services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement

and to act on such other party's behalf with respect to any actions you take in connection with the Services.

Use of the WPHOST 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 will result in the immediate termination of your account. 

 Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. 

 Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. 

 If you believe that your copyright or trademark is being infringed upon, please email abuse@hostwinds.com with the information pertaining to your claim.

Using a  account as a backup/storage device is not permitted, with the exception of one CWP backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared, Business and Reseller servers include:

    X IRC Scripts/Bots

    Proxy Scripts/Anonymizers

    Pirated Software/Warez

    Image Hosting Scripts (similar to Photobucket or Tinypic)

    IP Scanners

    Bruteforce Programs/Scripts/Applications

    Mail Bombers/Spam Scripts

    File Dump/Mirror Scripts (similar to Rapidshare)

    Sale of any controlled substance without prior proof of appropriate permit(s)

    Lottery/Gambling Sites

    Sites promoting illegal activities

    Forums and/or websites that distribute or link to Warez/pirated/illegal content.

    Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).

All of the files on our hosting accounts must pertain to your website(s). This space may only be used for web files, active emails, and content of Client Websites. 

WPHOST hosting may not be used for massive file storage systems, or backup storage solutions (including media files, emails, or other data). 

You are not authorized to use WPHOST for the hosting of download mirrors. You may have files for your clients/users/ to use; however, 

if your website is based around users downloading files, you will need to upgrade to a VPS Package with a link to our managed Linux page.

It is your responsibility to ensure that scripts/programs installed under your account are secure, and permissions of directories are set properly, 

regardless of installation method. When at all possible, you must set permissions on most directories to 755 or as restrictive as possible.

 Clients are responsible for all actions taken under their account. This includes the compromise of credentials such as Client name and password. 

 You must use a secure password.

Solely for the purpose of providing the Services, you hereby grant to WPHOST the right and license to access, store and use any content provided by you, 

and to remove all or any portion of such content if you violate the provisions of this Agreement.

WPHOST may from time to time, and at any time, monitor your use of the Services to ensure your compliance with the provisions of this Agreement.

Zero-Tolerance SPAM Policy

WPHOST has zero-tolerance for Clients sending unsolicited e-mail, unsolicited e-mailing, and SPAM. "Safe lists," purchased lists, and selling of lists will be treated as SPAM. 

Any Client who sends out SPAM will have their account terminated, and may be terminated without notice. Additionally, Clients who engage in unsolicited mailing will, at WPHOST' own discretion, 

be charged a consulting fee of two hundred fifty dollars ($250) per hour for any remedial actions that WPHOST elects to take in the event that, as a result of a Client's activities, 

WPHOST servers or IP space are placed in any third-party mail filtering software or blackhole lists.

To protect the IP reputation of our network, and as a proactive measure to prevent our IP space from being used to distribute unsolicited e-mail, 

WPHOST reserves the right to apply an SMTP filter as a precaution to accounts flagged by our Abuse Team.

Backups and Data Loss

Your use of WPHOST Services is at your sole risk. WPHOST servers are setup with RAID to constantly mirror all data to a second disk. 

WPHOST is not responsible for files and/or data stored on WPHOST servers. You agree to take full responsibility for files and 

data transferred and to maintain all appropriate backups of files and data stored on WPHOST servers. WPHOST does not take backups

 of any kind of customer data, customer's are responsible for managing and backing up their own data.

Unlimited Hosting Policy

WPHOST will allocate an unlimited amount of disk space and bandwidth for our Shared, Business, Reseller, and White Label Reseller services. 

That unlimited disk space and bandwidth may only be used to store and transfer files relevant to the website(s) being hosted on those services. 

If a Client causes continuous server or service interruptions under their current plan, they will be asked to upgrade to a more powerful plan.

In the event that such interruptions are being caused, we would notify the Client, informing them they need to upgrade. 

In extreme cases, the service would be suspended to prevent further server or service interruptions. The service would also be suspended

if the Client does not contact us after warning emails regarding the need to upgrade have been sent.

Server Abuse/Customer Abuse

Any attempted attack against any WPHOST server and/or Client being hosted by WPHOST will result in automatic termination

of the offending account with no refund including, but not limited to, no refunds for advanced payments, 

and a permanent banning of the offending Client.

Disclaimer:

WPHost shall not be responsible for any damages a Client's business may suffer. This includes loss of data resulting from delays, 

no deliveries, wrong delivery, and any and all service interruptions caused by WPHostand its Clients. WPHost makes NO WARRANTIES

of any kind, expressed or implied for Services provided. WPHost makes NO WARRANTIES of MERCHANTABILITY or FITNESS for a particular purpose.