You must agree to the below terms of service before you can create your Web and Reseller Hosting account. Our sign up form will not permit you to make any purchases unless you agree to the below terms of service.
Our terms of service (TOS) are designed to provided to our customers a clear and transparent understanding of what we expect of them while they are using our service(s). The use of DomainWink service(s) represents your acceptance and agreement to DomainWink's (TOS), regardless of whether you have read them or not.
We accept your use of our service(s); therefore we do not actively monitor your accounts activity under normal conditions. Furthermore, we do not implement editorial control over the content of any Web site. This includes e-mail sending, newsgroup or other material created or available over or through the services, except for certain proprietary Web sites. However, in accordance with our (TOS), we hold full authority to remove any materials that, in our individual judgment, may be illegal, may subject us to liability or which may violate our (TOS). DomainWink reserves the right to oblige with legal establishment and/or third parties in the examination of any suspected or alleged crime or civil wrongdoing. Violation of our (TOS) may result in the suspension or immediate termination of your DomainWink Hosting account and/or services.
We do not routinely monitor the activity of accounts except for measurements of system exploitation, possible security or fraud risks and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet society, we will respond appropriately if we become aware of improper use of our service.
If a DomainWink Web Hosting account is used to violate our (TOS) we reserve the right to cease your service without notice. We prefer to advise customers of inapt activities and any necessary corrective action. However, blatant violations of the (TOS) will result in instantaneous termination of service. Our failure to implement this policy, for whatever reason, shall not be interpreted as a waiver of our right to do so at any time.
As a member of our hosting community, you must use your hosting account access ethically and responsibly.
1. Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. All new orders are usually activated within 5-20 minutes. If you have not been activated within this time frame, please contact us at http://www.domainwink.com/contact.
2. Content and Activities
All services provided by DomainWink Web Hosting may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless DomainWink from any claims resulting from the use of our services.
Examples of totally unacceptable material are, but not limited to: IRC bots, warez sites, MP3's (unless you are the artist), password sharing sites, sites that run any type of proxy script, pirated software, hacked programs and archives, IP Scanners, brute force programs, mail bombers, spam scripts, affiliate servers, topsites, commercial audio streaming, multi-level marketing sites, ponzi schemes, escrow, high-yield interest programs or related sites, investment sites (forex, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), auto-surf sites, bank debentures, prime banks programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities.
2.1. Distribution of Malicious Code
Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data and/or computer systems are prohibited. Examples of this are computer viruses, Trojan-horse programs and Internet-based worms. Such an offense will result in the immediate termination of the offending account.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. It is not permitted to use of the DomainWink to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources and the unauthorized transmittal of copyrighted software.
2.3. Adult Sites
Due to various legal and moral implications. DomainWink does not permit sexually explicit material on any of its servers specially child pornography.
3. Spam/Email Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe Lists" and "Double Opt-in" will be treated as spam. Any user who sends out spam will have their account terminated without notice.
DomainWink Web Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. DomainWink also reserves the right to make any such modifications in an emergency at our sole discretion.
DomainWink reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of DomainWink.
Bulk email or mass email scripts of any type are not permitted on any DomainWink servers. The send mail rate on all DomainWink servers is capped at 200 emails per hour per account, any more than this will be bounced back to the sender. If you require more than this, please open a support ticket stating the reason why the 200 limit should be raised on your account and the EXACT source of your mailing list.
3.1. Usenet Spamming
DomainWink Web Hosting has a zero tolerance policy for the use of its servers for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
4. Payment Information
You agree to supply appropriate payment for the services received from DomainWink Web Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify DomainWink of your desire to cancel any or all services received, those services will be billed on a recurring basis.
5. Backups and Data Loss
Your use of the DomainWink Web Hosting service is at your sole risk. DomainWink is not responsible for any and all files and data residing on your account on our servers. DomainWink does not maintain backup copies of customers web sites or e-mail. DomainWink cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a web site will always be available. You agree to take full and sole responsibility for any and all files and data transferred to our servers and to maintain all appropriate backups of any any and all files and data stored on any DomainWink servers to which you have an account on.
5.1. Termination of Data
For your privacy, all data and files from terminated and cancelled accounts are immediately deleted and purged from our servers. This includes any and all back ups. Please make sure to back up all your files and data before canceling your DomainWink account.
5.2. Emergencies and Special Situations
We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our network, infrastructure and customers, including but not limited to actions requiring us to deactivate web sites, shut down our network, or review the content on web sites to evaluate the reason for perceived behaviors. In rare instances, we may need to completely delete a web site or account because of some significant failure, security breach or other emergency. In such cases, we do our best to backup a deleted web site, but we cannot ever guarantee a full restore of a web site.
5.3. Account Security
Misuse of your account is your sole responsibility, even if your friends, family member, guest, or employee committed the activity. Henceforth, you must take actions to ensure that others do not gain access, which you do not approve of, to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure. We are not responsible for ANY misuse of your account due to the authorized or unauthorized distribution of your password.
Sharing your password and account access with unauthorized users is prohibited. You should take precautions to prevent others from using your account since you will be held responsible for such use.
Attempting to obtain another user's account password is strictly prohibited and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
Users who violate systems or network security may incur unlawful or civil liability. DomainWink will oblige fully with examinations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
6. Cancellation and Refund Policy
Upon cancellation of your new (not renewed) regular or reseller hosting packages, you may request a refund for the remainder (un-used portion) of your term, excluding any setup fees that were charged when you signed up, and excluding domain registration fees (even if you received your domain for free through one of our promotional plans).
If you obtain your domain name for free through DomainWink's promotional products (including web/reseller hosting packages that includes free domain names), refunds are subject to a domain name release fee; however upon payment of such charge, you are entitled to keep the domain that we have registered for you on your behalf. You may transfer it away or simply point it elsewhere.
To cancel your account and then request a refund, contact our billing team. Just login to your DomainWink Client Portal and submit new support ticket.
Any account upgrades or additional services to hosting services such as but not limited to additional domain registration, priority support, daily backup service, dedicated IP, WHOIS privacy, private SSL certificates are non-refundable. DomainWink also reserves the right to cancel your account with 72 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.
All renewed regular or reseller hosting packages, regardless of the billing cycle, are no longer refundable. Virtual Private Servers (VPS) are non-refundable, regardless if it's a new subscription or renewed subscription.
Upon account cancellation, the web hosting account will be immediately terminated. DomainWink will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.
6.1. Cancellation for lack of payment
Any account that has unpaid invoices that are more than 10 days outstanding may be terminated at any time without notice. Before DomainWink will terminate any account for lack of payment. DomainWink will send no less than 2 payment request emails to the account holder. DomainWink will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.
7. Refusal of Service
DomainWink reserves the right to refuse service at its discretion. Also DomainWink reserve the right to cancel, suspend or terminate any account at anytime as it sees fit. DomainWink will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.
8. Domain Names
8.1. Free Domain Name Forever
All new DomainWink Standard and Professional web hosting packages (annual payments only) and all reseller hosting packages (annual for Starter Reseller) have free domain name included. DomainWink will renew your included domain name for free as long as your web hosting account with us is still active, and does not have an active or outstanding invoices due.
This free domain name could be domain name registration (if you don't have a domain name), or domain name transfer (if you have an existing domain name from the other domain registrar), and wanted to bring that to DomainWink to take advantage of the free domain renewal (as long as your web hosting account with us is still active, and does not have an active or outstanding invoices due).
This free domain name must be selected during the initial automated sign up process. If you do not select a domain name at this time, you may claim your free domain name registration by contacting our billing team. Just login to your DomainWink Client Portal and submit new support ticket.
The domain name extensions that we provide for free are the following: .com, .net, .org, .info, and .biz only.
8.2. Domain Name Transfer Away
You may transfer away from DomainWink any domain name that you have purchased through DomainWink to any other web hosting company or domain registrar at any time you desire. If you want to transfer away your domain name that was obtained for free through DomainWink's promotional products (including web/reseller hosting packages that includes free domain names), that domain name is subject to a domain name release fee.
8.3. Domain Name Release Fee
This fee is only applicable to those who are going to transfer away their domain name that were obtained for free through DomainWink's promotional products (including web/reseller hosting packages that includes free domain names).
The release fee is the domain name's registration price for 1 year (if registered through us and the domain name is less than 1 year old), transfer price (if transfered to us), or renewal price (if registered through or transferred to us and the domain name is more than 1 years old).
We don't compute pro-rated charges for the domain names that are subject to transfer away, regardless of the date the transfer away request was made (even if the expiration date would be on the next 9 months, or tomorrow). The domain name release fee should be settled in full.
9. Resource Usage
Users may not initiate the following:
- Use more than 50% of available CPU resource for more than 120 seconds at a time. There are numerous activities that could cause such problems; these include: CGI/Perl, FTP, PHP, HTTP, etc.
- Use more than 50% of available CPU resource for more than 5 minutes out of a 60 minute period.
- Use more than 750MB of memory combined between processes.
- Have more than 10 processes running at any given time.
- Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are permitted.
- 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 software that interfaces with an IRC (Internet Relay Chat) network.
- Run any gaming servers or games scripts for single or multi player games.
- Run an email server offering free or paid email accounts to the general public. Example: Hotmail, Yahoo Mail, GMail, etc.
10. Bandwidth Usage
10.1. Customer Knowledge and Responsibilities
Use of DomainWink's web hosting services requires a certain level of knowledge in the use of certain internet languages, slang, jargon, terminology, protocols, software, etc. The level of knowledge customer required to have varies greatly and depends on the customers anticipated use and desired content and functionality of his/hers website. The customer agrees that he/she has the necessary knowledge to create his/hers website with the desired content, look and functionality. The customer agrees that it is not the responsibility of DomainWink to provide this knowledge or to create, design, program or help in the designing, creation, programming or publishing of the customers website.
10.2. SSH, Root and Shell Access
We do not permit Shell, Telnet, SSH or root access to any of our servers.
11. Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on DomainWink website, and the right to increase the amount of resources given to plans at any time.
11.1. Auto Rebilling
For your convenience your DomainWink account will auto rebill on a monthly, annually or tri-annual basis, (depending on which billing cycle you have selected at time of purchase). If you do not want your account to auto rebill, you must notify us at least 2 calendar days (48 hours) before the date that the re-billing is due to take place. Failure on your part to notify us of your desire not to be rebilled, will result in your account being rebilled and you agree to hold harmless and indemnify DomainWink from any and all claims of wrongful billing.
Customer agrees that it shall defend, indemnify, save and hold DomainWink harmless from any and all demands, liabilities, losses, costs and claims, including any and all attorney's fees asserted against DomainWink, 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 DomainWink against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with DomainWink; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from a DomainWink server.
If Lawsuit(s) are threatened against DomainWink. If we are sued or threatened with lawsuit in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney's fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate our services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.
DomainWink will not be responsible for any damages your business may suffer. DomainWink makes no warranties of any kind, expressed or implied for services we provide. DomainWink disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, hardware and software failures, hacking, sabotage, terrorist attacks, wrong delivery, Force Majore and any and all service interruptions caused by DomainWink and its employees.
14. Changes to the Terms of Service
DomainWink reserve the right to revise, alter and update the above (TOS) without notice at anytime at its sole discretion and can apply any and all changes and updates retroactively.