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, including SPAM, and all disconnect and reconnect fees associated with violations.
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.
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, and will not be used in ways that you have not consented to.
We do not disclose any personal information obtained about you from this website to third parties. We may use the information to keep in contact with you and inform you of developments associated with our business & its 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.
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.
- Anything than can result in Spamhaus listing.
- Network Abuse / IP Spoofing.
- Terrorist Websites.
Any other content not listed above is deemed as Allowed.
DMCA / Applicable Law
We believe in freedom of content ! We’re a strong advocate of Free and Open-source softwares, 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.
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.
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.
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 such use.
- 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.
Resource Usage (Shared / Resellers)
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 hitts 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.
Reseller: Clients Responsibility
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.
Dedicated / 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, Dedicated / 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.
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 Pirvate 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.
Payments, Suspension, Data Retention & Termination
- Invoices for all the hosting services are generated 10 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, Webmoney, BTC, Skrills, 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 4 days.
- Dedicated Servers are suspended if the invoice is not paid on due date. And, if the invoice remains unpaid for 2 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.
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: 17th April, 2017