1. The phrase "WHMS" refers to Webhost Myspace. The phrase "customer" refers to the person or entity accepting this contract.
2. This agreement shall take effect upon account activation and shall remain in acceptance by WHMS and the customer as evidenced by activation of the customer's account. The agreement shall remain in effect thereafter and be automatically renewed until terminated by written notice from the customer, to be received at least 10 business days prior to the last day of the month, 3 months, or yearly contract or the customer maybe charged for additional month of service.
3. Customer expressly agrees that the use of WHMS services are at the customer's sole risk and that WHMS services are provided "AS IS".
4. Charges for service must be paid in advance. Payment for accounts will be automatically charged to your on file credit card. 100% money back guarantee is pay minus any service charges levied by processing companies. Credit card Customers agree to pay all billed amounts according to the card issuer agreement until the Customer cancels the account in writing. Any delay caused by credit card declines, charge backs, invalid/outdated credit card information can result in a service disruption and may result in a $25 service restoration fee.
5. Your service fees are payable in advance and are not refundable in whole or part after the 1st 30 days of a new service activation. WHMS or the customer may terminate the service at any time. You can terminate your membership by delivering notice to WHMS. Account cancellation must be done either in writing. You must include your account number, the name and address you registered for services with and reason for cancellation. You can email
with the required information included in the email. Under no circumstances will an account be canceled over the telephone, via support ticket or any other method that is not accepted and outlined within this agreement. Your termination will take effect within a reasonable time after WHMS receives your notice.
6. It shall be the responsibility of the Customer to keep WHMS informed of a valid mailing address to which the notices can be sent and any credit card changes such as a new number or expiration date.
7. Web Hosting service customers agree that they will use the service within the guidelines of this agreement. Violation of this will result in termination of the service without refund.
8. WHMS services are provided for the use of the Customer agreeing to these terms alone. Resale or use of the Customer's privileges and/or services with WHMS by any person or any organization is in violation of this agreement.
9. WHMS exercises no control whatsoever over the content of the information passing through WHMS. WHMS makes no warranties of any kind, whether expressed or implied, for the service it is providing. WHMS also disclaims any warranty of merchant ability or fitness for a particular purpose, and any obligation to maintain the confidentiality of information, although WHMS's current practice is to utilize reasonable efforts to maintain such confidentiality. WHMS will not be responsible for any damage the Customer suffers from the use of WHMS's services. This includes loss of data resulting from delays, non-deliveries, WHMS's-deliveries, or service interruptions caused by its own negligence or the Customer's errors or omissions, or due to any inadvertent release or disclosure of information sent by the Customer. Use of any information obtained by WHMS's services is at your own risk. WHMS specifically denies any responsibility for the accuracy or quality of information obtained through its services.
10. All services provided to the Customer by WHMS may only be used for lawful purposes. Transmission or storage of any information, data, or material in violation of any international, Canadian, Federal or Provincial Regulation or Law is prohibited. This includes, but is not limited to material protected by copyright, trade secret, or any other statutes, threatening material or obscene material. The Customer agrees to indemnify and hold harmless WHMS from any claims resulting from the Customer's use of the service which damages either the Customer or another party or parties.
11. The use of WHMS to transmit certain kinds of information (including without limitation, computer software and other data) may violate export control laws and regulations of Canada, whether the information is received abroad or by foreign nationals within the Canada. Since WHMS exercises no control whatsoever over the content of information passing through WHMS, the entire burden of complying with such laws and regulations rests with the Customer. The Customer agrees to comply with such laws and regulations and to indemnify and hold WHMS harmless from any damages it may suffer from any violation of the export control laws of Canada.
12. Any access to other networks connected to WHMS must comply with the rules appropriate for those networks. Use of WHMS services is for lawful purpose ONLY.
13. The Customer agrees that WHMS has the right to delete all data, files, or other information that is stored in the Customer's account if the Customer's account with WHMS is terminated, for any reason, by either WHMS or the Customer.
14. WHMS reserves the right to suspend or terminate any account upon discovery of its involvement in (included but not limited to) the following activities or events:
* Using your account as a backup/storage device
* Perpetration of unlawful activities.
* Use of WHMS as a platform for Hacking, Port Scanning, Denial of Service attacks or gaining unauthorized access to other systems.
* Any software that causes sending of unsolicited email
* Tampering with or violating the privacy of other Customer's files.
* Overuse of system resources including spawning excess processes such as CGI scripts, FTP, PHP, HTTP, SMTP, etc.
* Net etiquette violations, in WHMS’s sole discretion.
* Unacceptable material/data in WHMS's sole discretion.
Examples of unacceptable material/data (but not limited to)
* Hacker focused sites/archives/programs
* Mail Bombers/Spam Scripts
* Hateful/Racist/Harassment oriented sites
* Brute force Programs/Scripts/Applications
* anything illegal in regards to State/Provincial and Federal laws
* anything else WHMS decides is unacceptable to our customers, the internet community or our services.
15. Zero Tolerance Spam Policy! Please see: www.webhostmyspace.com/emailpolicy.html Sites advertised via SPAM (Spamvertised) may not use our services.
16. All individuals accessing WHMS represent to WHMS that they are eighteen (18) years of age or older. We do not accept or allow individuals under the age of 18 to use our services.
17. WHMS's rates are subject to change. All customers will be notified in advance of any such change. These Terms and Conditions supersede all previous representations, agreements or understandings and shall prevail notwithstanding any variance with terms and conditions. WHMS reserves the right to change all or part of this agreement without notice to the customer and the customer agrees to be responsible to periodically review our Terms of Service for any updated information that may affect their service(s) or use of such service(s).