IMPORTANT NOTICE: *All Payments To Websaic Are Non-Refundable*

Websaic.com ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Websaic and its provider's Service constitutes acceptance and agreement to Websaic and its provider AUP (Acceptable Use Policy) as well as Websaic and its provider TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Websaic and its provider and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company.  Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

 

1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service(s) for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition, Websaic and its provider shall have the right to terminate all service(s) set forth in this Agreement.
   
    

2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber.  Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time.  The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
   
    

3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.  All accounts and services provided by Websaic and its provider are subject to the current tax rate as imposed by the City of San Jose, State of California which is currently 8.25%.
   
    

4. Payments and Fees: Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due.  Service interrupted for nonpayment is subject to a $40 reconnect charge.  Accounts not paid by due date are subject to a $20.00 late fee.  Accounts that are not collectable by Websaic and its provider may be turned over to an outside collection agency for collection.  If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $300.  If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
   
    

5. Refund and Disputes: All payments to Websaic and its provider are nonrefundable.  All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred.  If you dispute a charge to your credit card issuer that, in Websaic and its provider sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Websaic and its provider an "Administrative Fee" of not less than $50 and not more than $500.
   
    

6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to not pay charges when due.  Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
   
    

7. Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to: cancle@websaic.com
   
   
   Websaic's preferred method of cancellation is via the members section of your Websaic.com account. Please log into the members section at http://secure.websaic.com and you can request to have your service cancelled there via the online cancellation form.
   
   You must have all account information to cancel.
   
    

8. Subscriber 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, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.  Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred.  In no event shall the company be liable for any special or consequential damages, loss or injury.
   
    

9. New Domain Accounts: All new web-hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days.  Due to unforeseen complications, however, this process may sometimes require up to 7 business days or more.  If the new domain is registered by the account holder, there will be no handling fee.  If the domain is registered by Websaic and its provider on behalf of the account holder, a handling fee will be incurred (of no less than $30 nor more than $50).
   
    

10. Transfer of Domains: New web-hosting accounts which involve the transfer of a domain from another provider to Websaic and its provider will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days.  Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take.  If the transfer of the domain is done by Websaic and its provider on behalf of the account holder, a handling fee will be incurred.  If the customer cancels service during the transfer period for any reason, all charges are considered earned.
    
     

11. Support Boundaries: Websaic and its provider, provides technical support via e-mail to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Websaic and its provider provide support related to your website/server or virtual site (physical) functioning. Websaic does not offer tech support for application specific issues such as cgi programming, database creation, asp, jsp, php, aspx java, javascript, html or any other such issues regarding programming, setup, connecting, or creating such applications. Websaic does not provide technical support for YOUR customers. If you can email, we encourage you to email support@websaic.com for assistance. If you are able to get online and have other questions, the answers may be on our home page here - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer(s) to your question(s) so please do investigate these resources before contacting tech support.
    
     

12. SPAM and Unsolicited Commercial Email (UCE): Websaic and its provider takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network.  Very simply this means that customers of Websaic and its provider may not use or permit others to use our network to transact in UCE. Customers of Websaic and its provider 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 (TCP port 25) 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 we reserve the right to occasionally sample bulk email being sent from servers.
    
     

    1. Violation of Websaic and its provider's SPAM policy will result in severe penalties.  Upon notification of an alleged violation of our SPAM policy, Websaic and its provider will initiate an immediate investigation (within 48 hours of notification).  During the investigation, Websaic and its provider may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Websaic and its provider may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Websaic and its provider reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.  Websaic and its provider will notify law enforcement officials if the violation is believed to be a criminal offense.
       
        

    2. 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, will pay "Research Fees" not to exceed $175 per hour that Websaic and its provider's personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
       
        

    3. As our Customers are ultimately responsible for the actions of their clients over the Websaic and its provider's network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

    
    IMPORTANT NOTICE:
    BEGINNING IMMEDIATELY, anyone hosting websites that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their website/server immediately removed from our network.  The services will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the website/server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the website/server from our network without notice to the customer.  Any website/server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
    
     

13. Network
    
     

    1. IP Address Ownership: If Websaic and its provider assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Websaic and its provider, and Customer shall have no right to use that Internet Protocol address except as permitted by Websaic in its sole discretion in connection with the Services, during the term of this Agreement. Websaic and its provider shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Websaic and its provider, and Websaic and its provider reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.  Our allocation of IP addresses is limited by Xtechit's new policies.  These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible.  We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
       
        

    2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Websaic and its provider will monitor Customer's bandwidth and disk usage.  Websaic and its provider shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage.  Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Websaic and its provider sole and absolute discretion. If Websaic and its provider takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Websaic and its provider may, at its sole discretion, collect a deposit, in an amount determined by Websaic and its provider, against customer's credit card on file with Websaic.com and its provider.
       
        

    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Websaic and its provider.  Violations of system or network security may result in civil or criminal liability.  Websaic and its provider will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.  These violations include, without limitation:
       
        

       1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
          
           

       2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
          
           

       3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
          
           

       4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
          
           

       5. Taking any action in order to obtain services to which such User is not entitled.

    
     

14. Notification of Violation:
    
     

    1. Websaic and its provider is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
       
        

    2. First violation: Any User, which Websaic and its provider determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation.  The service may be subject at Websaic and its provider discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
       
        

    3. Second Violation: Users that Websaic and its provider determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
       
        

    4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet.  In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network.  In certain rare cases, we may have to do this before attempting to contact you.  If we do this, we will contact you as soon as is feasible.

    
     

15. Suspension of Service or Cancellation: Websaic and its provider reserves the right to suspend network access to any customer if in the judgment of Websaic and its provider's network administrators, the customer's website/server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Websaic and its provider chooses.  If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete.  Prior notification to the Customer is not assured.  In extreme cases, law enforcement will be contacted regarding the activity.  The customer will not be credited for the time the customer's machines were suspended.
    
     

16. Websaic and its provider reserves the right to amend its policies at any time.  All Sub-Networks, resellers and managed servers of Websaic and its provider must adhere to the above policies.  Failure to follow any term or condition will be grounds for immediate Cancellation.  You will be held responsible for the actions of your clients in the matter described on these Terms and conditions.  Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
    
     

17. Indemnification: Websaic and its provider wishes to emphasize that in agreeing to the Websaic and its provider Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies Websaic for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to Websaic and its provider or the bringing of any claim against Websaic and its provider by any third-party.  This means that if Websaic and its provider is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Websaic and its provider plus all costs and attorney's fees.
    
     

18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
    
     

    1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
       
        

    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber.  Company reserves right to cancel customers rights under this contract at anytime without further obligation.
       
        

    3. Websaic and its provider takes no responsibility for any material input by others and not posted to the Websaic and its provider's Network by Websaic and its provider.  Websaic and its provider is not responsible for the content of any other websites linked to the Websaic and its provider's Network; links are provided as Internet navigation tools only. Websaic and its provider disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
       
        

    4. Websaic and its provider is not responsible for any damages your business may suffer.  Websaic and its provider does not make implied or written warranties for any of our services.  Websaic and its provider 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 Websaic and its provider.
       
        

    5. It is absolutely forbidden to host "Warez," (or illigal Software of any such), content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

     

    
    *** IMPORTANT ***

    Website Backup:

    Websaic and its provider are not responsible for your daily, monthly, hourly, backup of your website.  You, at your own responsibility are to maintain your own website/data backup trough cPanel of your own website.  Websaic and its provider will not be held accountable for ANY data lost due to ANY unexpected nature, such as hardware failure (Hard Drive),  Hacker, miss use of data by client,  corrupted files due to improper transfer by client, act of god, flood, fire, and or any other aspect that are unpredictable.  If any law suit may to arise from data lost, Websaic and its provider will not be held accountable for any such reasons, which has cover here in this TOS.

    (NOTE)   If you loose your data or accidentally delete a primary file within your account, it may cause your account to function improperly. If there is no chance of recovery we will have to restore your account to a default setting, which may result in the loss of data you have or had in the past prior to the default reset of your account. Websaic and its provider takes no responsibility for the users data being lost, corrupted, accidentally deleted, stolen, misplaced, or otherwise changed during this process. Please backup your data often!

    Specification:

    Websaic and its provider do not promise or guarantee that all websites will work on our server. We will make it as best as possible to meet the specifications and functionalities of your website. Due to security reasons, we do not guarantee that all functions will be installed. Those clients who wish us to install a particular mod, packet, or any other software(s) must request us to install it. The requested mod, packet, or software(s) will be subjected to testing (with an unpredicted testing time frame) before it is installed on the server. Furthermore, we will not guarantee all software, mod, patch, and/or any such functionalities submitted or requested by a client will be installed when such functionalities can cause high system load, interference with other clients on the same server, possible security holes, and/or crashing of the server.  If you use or plan to use a program to create your website and or database that required specific mod to be install, please verify the mod with us first before using the software. If you are using a software prior to asking our tech personnel, we are not responsible of the proper functioning of your website.

    
     

19. Responsibility for Content: You, as Websaic and its provider's customer, are solely responsible for the content stored on and served by your Websaic and its provider's server.
    
     

20. Windows Servers: No Windows Server at the moment (Soon To Come)
     

21. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.