TOS / AUP
It is with great pride that we know that each and every time you select WebCare360 as your hosting platform, you can rest assured that you’re putting your trust in us.
DMCA / APPLICABLE LAW
SPAM & UCE
DEDICATED / VPS SERVERS
BACKUPS & DATA-LOSS
CANCELLATION & REFUNDS
PAYMENTS & TERMINATION
RESELLERS & PARTNERS
FAILURE TO COMPLY
You will be held responsible for all actions performed by your account whether it be done by you or by others! If server security is compromised, the account holder is responsible for all violations of the TOS and AUP. The following Acceptable Use Policy (AUP) / Legal Agreement will set forth general and specific information in regards to the use of WebCare360 infrastructure. Infrastructure in this regard will consist of, but not be limited to, bandwidth, transport, servers, switches, IP address and any other equipment that will transmit, receive or otherwise be a vehicle of transmission of data of any sort. Further set forth in this document will be information about general acceptable and unacceptable use. It is the duty of all users of WebCare360 to read and thoroughly understand the information set forth in this document. We explicitly reserve the right to enforce this document and further reserve the right to add to, update, change, modify or otherwise deem at any given time, conduct unbecoming and act as we see fit.
“We”/”Us”/”Our”/”WebCare360” means WebCare360. and/or any of its parents, subsidiaries and/or affiliates involved in providing the Services.
“You”/”Your”/”Yourself”/”User” means the user of the Website and/or customer of the Services.
“End Users” means any individual or entity that directly or indirectly through another user (a) accesses or uses Your Services Content, or (b) otherwise accesses or uses the Services under your account.
“Services” means any services offered by WebCare360, on its Website including but not limited to hosting services, management and infrastructure management.
“Services Content” means source code, files, software, processes, interfaces, data, text, settings, media, or other information for storage, hosting, or processing by the Services.
2. USER PRIVACY:
WebCare360 respects your privacy! Any information collected by us will be securely stored and kept strictly confidential. The information you supply us will not, under any circumstance, be sold, reused, rented, loaned, distributed, or otherwise disclosed to any third party. Any information you supply WebCare360 will be held with the utmost care which will not be used in ways that you have not consented to. We may use the information to keep in contact with you and inform you of developments associated with our business. So, it’s your sole responsibility to provide the correct information so we can reach you for your news/alerts/invoices and other communication about your service. We do not release any information to foreign authorities or agencies.
3. DMCA / APPLICABLE LAW:
We believe in freedom of content! We’re a strong advocate of Free and Open-source software, privacy, anonymity and network neutrality. We are a free speech hosting provider and, thus, the cost of that is that there may be content hosted on our servers that some people might find offensive. If we start taking down such web sites, then we are no longer a free speech hosting service provider. DMCA is a USA law and is not applicable to our DC locations. We don’t really censor our customer’s content, so in order to get any content removed, the complainer must get a court-orders from the relevant location/facility where the content is being transmitted/hosted. So, we only need to comply with the local country law’s where server is physically located.
4. PROHIBITED CONTENT:
We try to keep an open mind as possible but have few simple rules you as a customer have to follow:
- Child Pornography.
- Threatening, Racial, or otherwise Abusive content.
- Fraud, MLM (Multi-Level Marketing), Pyramid schemes, or any other activities deemed to be fraudulent.
- DDoS/Flood attack sending traffic is against policies & law.
- Botnets/Virus/Malware/IRC or IRC Bots.
- Phishing / Scamming websites.
- Anything than can result in Spamhaus listing.
- Network Abuse / IP Spoofing.
- Terrorist Websites.
- If you use our service in a way that affects anyone’s health or safety, we reserve the right to suspend your service.
Any other content not listed above is deemed as Allowed.
5. CONTENT / NETWORK USE RESPONSIBILITY:
Client is wholly responsible for all of his content and activities on our servers/network. We’re a strong advocate anti-censorship, so we don’t really censor our clients based on their content/activity. WebCare360 bears no responsibility for the utilization of domains registered with us, as well as the content of any materials posted under sites with these domains or sites hosted on our servers/network.
6. SPAM & UCE:
WebCare360 bears a zero percent tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that our customers may not use or permit others to use our network to transact in UCE. Customers of WebCare360 may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Violation of SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, We will initiate an immediate investigation (within 48 hours of notification). During the investigation, WebCare360 may restrict and a suspension will occur, customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, WebCare360 may, at its sole discretion, restrict, suspend or terminate customer’s account without any consent given. Further, WebCare360 reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.
7. ABOUT SECURITY:
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access 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; sharing your password and account access
with unauthorized users is prohibited. You should take care to prevent
others from using your account since you will be held responsible for
- You may not attempt to circumvent user authentication or security of any
host, network or account. This includes, but is not limited to,
accessing data not intended for you, logging into or making use of a
server or account you are not expressly authorized to access, or probing
the security of other networks.
- You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
- Users who violate systems or network security may incur criminal or civil liability.
- You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
8. RESOURCES USAGE (SHARED HOSTING):
Shared / Reseller hosting users are not allowed to;
- Use 20% or more of system resources for longer then 120 seconds (A few activities that could cause such problems include: CGI scripts, FTP, PHP, HTTP, etc).
- Run stand-alone, unattended server-side processes at any point in time on the server.
- Run any bit torrent application, tracker, or client.
- Participate in any file-sharing/peer-to-peer activities.
- Run cron entries with intervals of less than 30 minutes.
- Generating more than 300http/Port80 hits per 30 seconds.
CPU and Memory Limit:
WebCare360 uses Cloudlinux (LVE) to ensure Linux Shared Hosting accounts receive a fair share of resources. LVE is a kernel level technology developed by the CloudLinux team. The technology has common roots with container based virtualization and uses cgroups in its latest incarnation. It is lightweight, and transparent. The goal of LVE is to make sure that no single web site can bring down your web server. Today, a single site can consume all CPU, I/O, Memory resources or apache processes and bring the server to a halt. LVE prevents that. It is done via collaboration of apache module, PAM module and kernel. So, if your website is showing ‘Resource Limit Reached’ error, it means you are hitting the allowed LVE limits. Limits for each package are mentioned on the sales page.
9. DEDICATED SERVERS / VPS SERVERS:
Dedicated / VPS servers are delivered with SSH access. We don’t store server login credentials anywhere in our system, thus it is entirely client’s responsibility make sure the credentials are saved in a secure place on their behalf. Servers come with pre-installed OS and control panel that customer can chooses when ordering the service. If no additional backup service is ordered, Offshore Dedicated Servers / Offshore VPS servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Additional hard drives may be ordered within the initial order or later on by contacting us at sales[@]webcare360.com. We guarantee 99.98% network uptime on Dedicated / VPS servers.
10. BACKUPS & DATA-LOSS:
You agree that your use of WebCare360’s Services constitutes your agreement to bear all associated risks. WebCare360 is not responsible for data losses in connection with its services. We strongly recommend that you create your own practice backup procedure, and that You test restoring data from your backup media regularly to ensure that you are creating effective backup files.
We have configured a backup system for the Shared Hosting service that can be accessed for free. This backup service is automated; the terms outlined above, do apply for this free backup service.
11. SERVICE UPTIME
WebCare360 makes sure that you receive the highest network uptime possible. If we cannot replicate the uptime promised, we are responsible for returning a portion of the money you spent on your services. We guarantee a minimum uptime of 99.9%;
WebCare360 is not responsible for downtime related to the services listed below and does not issue credits for any resulting downtime.
- Internal services such as MySQL, Apache, PHP, etc.
- DDoS / Flooding on Shared Hosting Servers.
- Scheduled downtime or planned maintenance.
- Interruption of service due to unpaid invoices, abuse notifications and violations of TOS
- ISP or local connection problems.
- Customer-controlled downtime.
- Acts of Force Majeure.
This SLA is subject to change at the sole discretion of WebCare360 and will be kept up to date on the website. Any changes made to this SLA will be in effect 7 days after the update is published.
Our customer service is provided through tickets submitted via our billing portal. These tickets are processed in the order they are received, and multiple responses to the ticket or the multiple submission of tickets would not not increase the response time. Our support team is available only in English.
VPS / Dedicated services are unmanaged by detail until ordered otherwise. The services are designed for advanced Linux administrators and experienced webmasters. In order to effectively utilize the Services, the Customer should be familiar with the GNU Linux tools, operating systems, and applications as well as proper security measures that are needed to maintain appropriate security of the system. For the Shared Hosting Service, we do not provide root administrative access and we administer and supervise the operating system and web server applications, we provide a control panel for intuitive management (cPanel).
We do not take responsibility for any disruptions or issues caused by directing you to manage the Services by credit card prints and card reader, unless we are responsible for hardware, infrastructure, network, or virtualization issues, in which case we will normally assist you upon request for a charge of free or additional mutually agreed charge.
You may reach out to us for support with matters related to the following causes:
- Network relates issues;
- Server hardware issues;
- Virtualizor VPS control panel;
- OS templates and ISOs;
We explicitly prohibit abusive language of any kind via any channel connected to us, including, but not limited to, our ticketing sytem, online forums and chat rooms. Such actions may result in a warning and suspension of services access.
13. CANCELLATIONS & REFUNDS:
- WebCare360 reserves the right to cancel the account at any time with or without any prior notice.
- Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
- Customers may cancel at any time by sending a cancellation request via the client control panel at least 7 days before the renewal date.
- Cancellations will not be accepted via support ticket or email.
- WebCare360 gives you a 7 day money back guarantee on managed Shared & Reseller hosting.
- There are NO Refunds on Dedicated Servers, Virtual Private Servers, Administrative Fees, Installation Fees for custom software, Domain name purchases or Any non-refundable licensing fees (e.g. cPanel, DirectAdmin etc,).
- WebCare360 have the right to refuse any refunds.
- Refunds will only be processed if there is any problem caused or the fault of WebCare360.
- Any refunds requested by a client who’s product/service is working perfectly, or is not working correctly due to the fault of the client, will not be accepted.
- Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the Terms of Service will waive the refund policy.
14. PAYMENTS, SUSPENSION, TERMINATION & DATA RETENTION:
- Invoices for all the hosting services are generated 7 days before the due date and billing system sends several reminders for the due invoice. So, its your responsibility to use correct contact information so you can receive such emails on timely basis.
- We do accept Paypal, Crypto Payments (BTC, LTC, XMR, DASH, DOGE,USDT), PerfectMoney & *Wire Transfer as a payment mode. For Paypal payments we can ask you to verify the Paypal email address.
- Shared Hosting accounts are suspended after 3 days of due date and the account will automatically be removed from our servers after 30 days of suspension.
- VPS Servers are suspended on the after 3 days of due date and the server will be terminated / removed if the service remained suspended for 15 days.
- Dedicated Servers are suspended if the invoice is not paid on due date. And, if the invoice remains unpaid for 3 days and we don’t receive any update from your side, your server will be terminated. Once, the server is terminated / recycled all the data will be lost.
- If there is any delay in the Invoice Payments, you are required to update us on timely basis to avoid any inconvenience.
- Once the service has been terminated, there is absolutely no way to restore / get the data hosted on it. So, its your responsibility to avoid such delay in monthly payments.
Resellers are responsible for supporting their clients. WebCare360 does not provide support to our reseller’s clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. WebCare360 will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
16. AFFILIATE PROGRAM:
The partner bonus are earned and a confirmed if the referral service is used and has not been canceled prior to the 45th day.
The commission amount (percentage) for a referred customer is found on the following webpage: https://webcare360.com/affiliate-program.html
Affiliates may not post their own referral link to buy services.
Client agrees to indemnify and hold WebCare360, WebCare360 affiliates, and each respective officer, director, agent, and employee harmless from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever, brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by customer.
18. FORCE MAJEURE:
WebCare360 will not be responsible for the failure under the contract as long as the failure to perform the obligation is because of any event, including, but not limited to, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes, terrorist activity, acts or failures to act of any governmental authority; computer viruses or worms; DDoS attacks, DNS spoofing attacks and/or other hacking attacks; or any other causes that are beyond WebCare360’s control.
19. FAILURE TO COMPLY:
Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to WebCare360’s discretion). Any accounts and/or servers contained within WebCare360’s network must adhere to the above policies. We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund–and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required. WebCare360 reserves the right to deactivate, suspend and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.
Updated: 20th Dec, 2022