Webhosting Terms of Service
Effective Date: This Terms of Service was last updated on February 2, 2010.
Kevin Watts ("the Webhost") agrees to furnish services to the subscriber of services ("Client"), subject to the following TOS ("Terms of Service").
Kevin Watts reserves the right to change this TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this TOS periodically and to be aware of any modifications. You may identify whether Kevin Watts has revised this TOS by noting the "Effective Date" above. Your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS. If you do not agree to these terms, please contact me to cancel your services.
Billing
Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $10 late fee. Accounts that are not collectible by Kevin Watts may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the Webhost a Processing and Collection Fee of not less than $75 nor more than $200. If you desire to cancel your account, please follow the proper procedure as outlined in this TOS.
If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. the Webhost reserves the right to keep a service deactivated until funds paid have cleared.
Account Cancellation
Client must submit service cancellations by emailing me at least 7 days but not more than 30 days before the end of the service's billing cycle
In the event of cancellation, customer will automatically be billed for any excess bandwidth usage during the then-current monthly billing cycle.
SPAM and Unsolicited Commercial Email (UCE)
Kevin Watts takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over his network. Very simply this means that customers of Kevin Watts may not use or permit others to use his network to transact in UCE. Clients of Kevin Watts may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam I reserve the right to occasionally sample bulk email being sent from servers.
a. Violation of Kevin Watts's email policy will result in severe penalties. Upon notification of an alleged violation of his AUP, Kevin Watts will initiate an immediate investigation (within 48 hours of notification). During the investigation, Kevin Watts may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of his AUP, Kevin Watts may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Kevin Watts reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Kevin Watts will notify law enforcement officials if the violation is believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Kevin Watts must spend to investigate the matter.
Refund and Disputes
All payments to Kevin Watts are nonrefundable. This includes one time setup fees, prepayment fees, and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by the Webhost according to the terms herein. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.
Nightly Backups
Kevin Watts performs nightly backups of VPS accounts as a courtesy service only. Kevin Watts is not responsible for the completeness, integrity, or freshness of your VPS backup. Kevin Watts recommends you have your own backup system in place. VPS backups are intended for disaster recovery purposes only. Kevin Watts reserves the right to charge fees for restores which are requested that are not for disaster recovery purposes.
Damages
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 Webhost and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the Webhost shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Webhost. Client further acknowledges that the Webhost'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 Webhost be liable for any special or consequential damages, loss or injury.
Kevin Watts is not responsible for any damages your business may suffer. Kevin Watts does not make implied or written warranties for any of his services. Kevin Watts denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Kevin Watts.
Non-Waiver
Client agrees that Kevin Watts's failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by Kevin Watts of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice Kevin Watts from exercising thereafter the same or other rights, remedies, or options.
Force Majeure
You agree that Kevin Watts is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.
We reserve the right to refuse service to anyone at any time for any reason.
Anything not explicitly stated in this TOS is subject to interpretation at Kevin Watts's sole and absolute discretion.
You, as Kevin Watts's client, are solely responsible for the content stored on and served by his I bserver.