General Terms and Conditions>
These General Terms and Conditions set out the terms and conditions under which We Web Hosting, trading as WeHost ( wwebhost.com ), will provide services to Customers. These General Terms and Conditions set out the Customer’s legal rights and remedies and should be read carefully prior to ordering any Services.
The Customer’s attention is specifically drawn to the provisions of clauses 9 and 10 of these General Terms and Conditions which set out WeHost’s maximum liability to the Customer and the Customer’s potential liability to WeHost.
Where the Customer is a Consumer, as defined below, the Customer’s attention is further drawn to clause 13.2 below. A Consumer is entitled to a 14 day cooling off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Given the online nature of the Services, there may be circumstances where WeHost is unable to commence provision of the Services until the cooling off period has expired or unless the Customer has expressly waived their right to a cooling off period. This applies in respect of domain names and SSL certificates in particular.
“Acceptable Use Policy” means WeHost’s Acceptable Use Policy, as updated from time to time, which can be found on the Website.
“Associated Company” means a subsidiary or holding company of a company or any subsidiary company of such subsidiary or holding company. The terms “subsidiary” and “holding company” have the meanings given to them.
“Consumer” means an individual who is making use of the Services not as part of a business, trade or profession or for the purpose of financial or commercial gain including the placing of advertisements on any domain. An individual shall not be construed as a Consumer where the individual is the registered holder of 10 or more domains, is carrying on business using any services ordered from WeHost or who has registered any domain(s) during the applicable landrush or sunrise periods.
“Fees” shall mean the charges payable by the Customer as specified on the Order Confirmation or as advised to the Customer from time to time.
“Initial Term” means a minimum term as specified for each product. If no minimum term is specified for a product then the default is a minimum period of 12 months.
“Insolvency Event” shall mean, in respect of a corporate entity, becoming the subject of a voluntary arrangement under section 1 of the Insolvency Act 1986 (‘the IA’); becoming unable to pay its debts within the meaning of section 123 of the IA; or has a receiving, manager administrator or administrative receiver over any parts of its assets, undertaking or income, has passed a winding up resolution, ceases or threatens to trade or has a petition presented to any court for its winding up or administration order. In the case of the an individual, Insolvency Event shall mean where the entering into or any debt management plan or Individual Voluntary Agreement, bankruptcy, the inability to pay debts as defined in sections 267 and 268 of the IA or any similar event.
“Order Confirmation” means the email or other confirmation sent to the Customer in response to the Customer’s request for Services.
“Product Terms” means the terms and conditions specific to the Services ordered by the Customer as which are located on the Website.
“Services” shall mean the services provided by WeHost under the Agreement as stated on the Order Confirmation together with any ancillary services.
“Software” means any software provided by WeHost to the Customer under or in relation to this Agreement.
“Website” means www.wwebhost.com.
“WeHost” means We Web Hosting
2.1 Headings used in the Agreement are inserted for convenience only and are not intended to be part of, nor to affect the meaning or interpretation of any of the terms of, the Agreement.
2.2 In the Agreement the masculine includes the feminine and the neuter and the singular includes the plural and vice versa as the context shall admit or require.
2.3 The expression “person” means any individual, firm, body corporate, unincorporated association, partnership, government, state or agency of a state or joint venture.
2.4 In the event of a conflict between any term of these General Terms and Conditions, the Product Terms and/or the Order Confirmation, the conflict will be resolved according to the following order of priority i) the Order Confirmation, ii) the Product Terms and iii) these General Terms and Conditions.
2.5 The words “include”, “includes”, “included” and “including” will be construed without limitation unless inconsistent with the context.
2.6 The Agreement (as varied in accordance with its terms) forms the entire understanding between the parties and supersedes all previous agreements, understandings and negotiation between the parties. All other understandings, agreements, warranties, conditions, terms representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law. The Customer may not rely upon any representation made or given by any WeHost employee prior to the Agreement being entered into unless confirmed in the Agreement.
2.7 The parties do not intend that any of the terms of the Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties).
2.8 References in these General Terms and Conditions to clauses mean clauses of these General Terms and Conditions unless the contrary is stated. References in these General Terms and Conditions to statutes or statutory instruments are deemed to include those provisions as subsequently amended or substituted.
3. Service Provision
3.1 WeHost shall provide the Services order by the Customer. These General Terms and Conditions and the Product Terms are not an offer to provide Services but a statement of the terms under which the Services would be provided. The Agreement is incorporated on WeHost’s issuing of the Order Confirmation.
3.2 WeHost will use its reasonable endeavours to provide the Services in accordance with any agreed or expected timescale however; time will not be of the essence in providing the Services. WeHost will not be liable to the Customer where, using those endeavours, it fails to meet any timescale.
3.3 WeHost shall be entitled to suspend the provision of the Services in the event that the Customer or the Customer’s agent, subcontractor or employee breaches the terms of the Agreement or where WeHost reasonably believes this has or will occur. WeHost shall have no liability to the Customer as a result of such suspension.
3.4 WeHost shall not be obliged to provide any services not specified in the Order Confirmation.
3.5 WeHost reserves the right at any time and from time to time to improve, correct, or otherwise modify any or all of the Services. WeHost will endeavour to give the Customer reasonable notice of any such modification where possible.
3.6 WeHost reserves the right to refuse a Customer’s order for any reason at its discretion.
3.7 WeHost shall be entitled to verify the Customer’s email and postal addresses from time to time. In the event that WeHost is unable to verify the Customer’s email and/or postal address WeHost may suspend the provision of the Services without liability.
3.8 Without prejudice to its other rights and remedies, WeHost may at its sole discretion suspend, in whole or in part, the provision of the Services (temporarily or permanently) and without liability to the Customer in any of the following circumstances:
3.8.1 scheduled or unscheduled maintenance or upgrade of WeHost’s systems;
3.8.2 the issuing by any competent authority of an order which binding on WeHost and which affects the provision of the Services to the Customer;
3.8.3 failure by the Customer to pay any sum owing to WeHost when such payment falls due;
3.8.4 breach by the Customer of the Acceptable Use Policy;
3.8.5 breach by the Customer of the Data Protection Policy;
3.8.6 failure or deficiencies in the Customer’s System; or
3.8.7 the occurrence of any event following which WeHost reasonably considers it to be appropriate to suspend the provision of the Services and/or terminate the Agreement.
3.9 Where WeHost suspends the provision of the Services under clause 3.8.3 above, WeHost shall not be obligated to lift such suspension outside of normal business hours and until the Customer has paid all outstanding sums owing to WeHost in cleared funds and, if required by WeHost, accepted such revised payment terms and method as WeHost may reasonably require.
3.10 Where WeHost operates its own backup procedures in respect of any particular products then such backups are carried out on a ‘reasonable efforts basis’ and are intended as a convenience rather than a replacement for a Customers own backup arrangements. Primarily responsibility for backups rests with Customers and We Web Hosting accepts no liability in the event that a backup fails, is out of date in any way or is not a complete backup of the Customer’s data. Customers must arrange for their own backup facilities at the frequency they require.
4. WeHost Warranties
4.1 The Customer acknowledges that given the nature of services provided over the internet, WeHost cannot guarantee that the Services will be uninterrupted or error free.
4.2 To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services are provided on an “as is” and “as available” basis and no warranty or representation (express or implied) of any kind is given in connection with the Agreement or the Services including as to satisfactory quality or fitness for a particular purpose.
4.3 WeHost gives no warranty or representation that:
4.3.1 the Services will meet the Customer’s requirements;
4.3.2 the Services will be provided on an uninterrupted, timely, secure or error-free basis; or
4.3.3 any results obtained from the Services will be accurate, complete or current.
4.4 WeHost warrants that it will provide the Services with reasonable care and skill.
4.5 WeHost shall not be liable for breach of any warranty in the event that the cause of such breach is related to any failure or non-availability of any third party service providers.
4.6 WeHost shall have no liability for any breach of the warranty at clause 4.4 unless the Customer notifies WeHost of such breach within fourteen days of becoming aware of such a breach. Provided the Customer has complied with the notification time limit set out in this clause 4.6, WeHost may, at its sole discretion, take such steps to remedy such breach or provide a refund to the Customer of such Fees as may be appropriate. Provided WeHost remedies such breach it shall have no further liability to the Customer. If WeHost fails to remedy such breach then WeHost’s maximum liability for breach of warranty shall be as set out in clause 9.4 below.
5. Customer’s Warranties and Obligations
5.1 Where the Customer is a corporate entity, the Customer, or the Customer’s representative, warrants that the Customer is properly constituted and has the capacity to enter into the Agreement. The Customer’s representative warrants that it is authorised to bind the Customer. Where the Customer is an individual the Customer warrants that he/she has the capacity to enter into the Agreement.
5.2 The Customer warrants that any materials it provides will be accurate in all respects and will not include material which is illegal, the accessing, transmitting, holding or supplying of which could be a criminal offence or which is otherwise unlawful or in breach of any applicable law or code of practice applying to such materials.
5.3 The Customer warrants that all information provided to WeHost is complete, accurate and up to date and shall inform WeHost of any changes to this information without delay.
5.4 The Customer warrants that it will:
5.4.1 immediately inform WeHost on becoming aware of any unauthorised use of the Services and/or the Customer’s system;
5.4.2 obtain all necessary licenses, waivers and consents required for the use of the Services and the Customer’s material;
5.4.3 not use the Services or allow them to be used for unlawful purpose or for the publication, linking to, issue or display of any unlawful or objectionable material (including any pirated content, material which is obscene, threatening, malicious, harmful, abusive, defamatory or which breaches any third party’s intellectual property rights or which encourages criminal acts or contains any virus, worm, malware, trojan horse or harmful code) whether under English/Finnish law, the laws of the Customer’s country or any other jurisdiction where the results of such purpose or the material in question can be accessed;
5.4.4 comply with all applicable legal requirements in using the Services including, but not limited to, the Data Protection Act, The General Data Protection Regulation, The Privacy and Electronic Communications Regulations and the Computer Misuse Act;
5.4.5 not use the Services or allow the Services to be used for the publication, web forwarding, linking to issue of or display or any material which in the absolute discretion of WeHost may harm WeHost or any Associated Company or their clients;
5.4.6 not use any third party services for the publication, linking to, issue or display of any material which refers to any website hosted by WeHost or any of WeHost’s Associated Companies or any other products or services offered by WeHost or any of WeHost’s Associated Companies without such company’s prior written consent;
5.4.7 comply, and ensure that anyone using the Services complies, with the Acceptable Use Policy and the Data Protection Policy;
5.4.8 be entirely responsible for and make whatever back-ups of the Customer’s data that the Customer considers necessary or desirable;
5.4.9 comply expeditiously with any WeHost security policy notified to the Customer from time to time;
5.4.10 ensure that all passwords and user names provided by WeHost are kept confidential and not disclosed to third parties;
5.4.11 inform WeHost without delay if the Customer has reason to believe that the Customer’s user name or password has been compromised;
5.4.12 be entirely liable for all activities conducted and charges incurred under the Customer’s user name and password whether authorised by it or not and the Customer acknowledges that WeHost shall not be liable for any loss of confidentiality or any damage resulting from the Customer’s inability to comply with the Agreement;
5.4.13 ensure that all material or data hosted by WeHost on any website operated by the Customer or communicated through such site is checked for viruses and other harmful code and has appropriate security patches applied; and
5.4.14 comply with any applicable ICANN requirements applicable to the Services, for example, ICANN’s Registrants’ Benefits and Responsibilities Specification and Registrant Educational Materials.
5.5 The Customer warrants that it has appropriate knowledge of how the Internet functions, the nature and technical nature of the Services and what types of use and material are and are not acceptable.
5.6 The Customer acknowledges that WeHost has no obligation to:
5.6.1 train the Customer or the Customer’s employee, agent or subcontractor on use of the Services;
5.6.2 manipulate in any way any material which the Customer wishes to and/or does post on any web site or other system or any communication it wishes to send via or in relation to the Services; or
5.6.3 validate, vet or edit such material for usability, legality, content or correctness.
5.7 The Customer shall promptly provide to WeHost, or anyone authorised by WeHost, such information and assistance as may reasonably be requested from the Customer.
5.8 If, in WeHost’s opinion, the Customer is in breach of its warranties at clauses 5.4.4 or 5.4.5 above, WeHost shall be entitled to suspend the provision of the Services and/or terminate the Agreement without liability. WeHost also reserves the right to inform any appropriate public bodies of the details of the Customer’s use.
5.9 The Customer shall not resell, assign or transfer the benefit of the Services to any third party without WeHost’s express written consent consent.
5.10 Where the Customer has obtained WeHost’s consent to resell all or part of the Services to third parties, the Customer shall:
5.10.1 procure such third parties’ compliance with and acceptance of these General Terms and Conditions and the Product Terms;
5.10.2 be fully responsible for such third parties’ acts and omissions; and
5.10.3 fully indemnify and hold WeHost harmless against the third parties’ acts and omissions.
6.1 The Customer shall pay the Fees in cleared funds in the amount, method and intervals set out in the Order Confirmation. The Customer must register a payment method with WeHost prior to placing any order for Services and ensure that an active payment method remains registered with WeHost for the duration of the Agreement.
6.2 Unless stated otherwise, any total fee stated in the Order Confirmation is an estimate only and may increase depending on the Customer’s use. Any set up fee is payable immediately. Additional fees may be payable if the Customer exceeds the usage allowed for the Services purchased.
6.3 WeHost reserves the right to increase the Fees payable for the provision of the Services at any by giving the Customer 30 days’ notice of such price rise.
6.4 Any sums stated in the Order Confirmation are exclusive of VAT or similar taxes, levies or duties which are payable by the Customer in addition.
6.5 Any sums are due within 3 days of invoice date failing which WeHost reserves the right to charge interest at the rate of 8% per annum above the base rate, accruing daily, from the due date of payment to the date of payment whether before or after judgment. In the event of non-payment of any sum owing by the Customer WeHost reserves the right to pass the debt to a third party collection agency which may result in additional charges being made to the Customer.
6.6 WeHost may conduct a credit check on the Customer including, where the Customer is a corporate entity, the directors and shareholders of a Customer. The results of such credit check may be shared with WeHost’s Associated Companies and with other third party entities. The Customer consents to WeHost carrying out such checks and retaining and sharing the results of such checks.
6.7 Where the Customer authorises the payment of the Fees by the Customer’s chosen payment method, the Customer authorises WeHost to deduct other amounts which become due to WeHost, whether under the Agreement or otherwise, without obtaining further express authorisation from the Customer.
6.8 Without prejudice to its other rights and remedies, in the event of non-payment by the Customer within 7 days of the due date, WeHost shall be entitled to delete the Customer’s data from its equipment without any obligation to backup such data.
6.9 In the event that WeHost issues a credit to the Customer:
6.9.1 such credit or voucher is issued entirely at the discretion of WeHost;
6.9.2 such credit or voucher is non-refundable and cannot be exchanged for cash or used against the purchase of another voucher;
6.9.3 WeHost does not accept liability if the credit or voucher has been lost, stolen, destroyed or used without the Customer’s consent. WeHost shall not replace any credit or voucher under these circumstances or any remaining balance on a credit or voucher;
6.9.4 such credit or voucher must be used within 12 months of being issued failing which the credit or voucher will become void;
6.9.5 the transfer, resale or reproduction of any credit or voucher is prohibited and will cause such credit or voucher to become void; and
6.9.6 vouchers and credits may be used towards the purchase price of any WeHost product or service with any balance or the purchase price being payable in addition.
6.9.7 any credit on a Customer’s account shall be used by default to pay, or part-pay, any renewal fees for any Services ordered by a Customer.
6.10 Continuous Payment Authorities (‘CPA’)
6.10.1 The Customer permits WeHost to store the Customer’s payment details to take regular payments with the same card until the Customer expressly requests that WeHost do not store their card details. Customers accept that removing card details may result in their Services not renewing and potentially terminated in the event that a renewal payment is not made.
6.10.2 WeHost shall notify the Customer when the payment will be taken, whether the payment will be taken from the card on a monthly, yearly or two-yearly basis and the amount to be charged each time.
6.10.3 If the Customer purchases the Services online, WeHost shall display a purchase confirmation during the order process on the website and send a confirmation email to the Customer. If the Customer purchases a Service on the telephone, WeHost shall confirm the purchase on the telephone and send a confirmation email to the Customer.
6.10.4 WeHost reserves the right to take the payment from the Customer’s stored card at any time other than the agreed date, if it has reason to believe that the payment is due and owing. WeHost reserves the right to take a different amount than what was originally agreed, in circumstances where several invoices have built up over a period of time or additional fees have been added to the overall outstanding balance due to the Customer’s late payment.
6.10.5 The Customer agrees that the CPA authorises WeHost to make payment changes and any other changes where WeHost believes it is necessary in accordance with the Agreement. WeHost will endeavour to notify the Customer of any changes, before they take effect, in writing.
6.10.6 WeHost shall, in accordance with the CPA, provide the Customer with the Order Confirmation for any services purchased. The Customer accepts that WeHost will send an automated email to the Customer each time a payment has been taken from the card. This will constitute both a summary and confirmation of the payment.
6.10.7 Payments taken under the CPA will show on the Customer’s bank statement as being a payment to We Web Hosting.
6.10.8 The Customer can amend the details of the CPA at any time by contacting customer support using the method(s) stated on WeHost’s website.
6.10.9 The Customer acknowledges that the CPA will continue until the Customer expressly requests to change or cancel the payment method used for the Fees. The Customer may at its sole discretion, choose what method they use to pay the Fees. WeHost will not charge the Customer a fee to cancel the CPA, however, the Customer may incur a fee if they fail to pay any Fees thereafter.
6.10.10 The Customer acknowledges that the Services and the Customer’s account will not be cancelled if the CPA is cancelled. The Customer agrees to continue to pay for the Services in accordance with this Agreement.
6.10.11 Further and in addition to clause 6.10.10 above WeHost reserve the right to cancel the Customer’s CPA if WeHost is no longer able to take payment from the stored card. In such circumstances the Customer may set up another CPA at the sole discretion of WeHost.
7. Confidential Information
7.1 Each party shall (unless required by law to the contrary):
7.1.1 keep confidential all information received from the other party under or in connection with this Agreement (‘the Confidential Information’);
7.1.2 not disclose the any Confidential Information to any third party without the prior written consent of the disclosing party save where such disclosure is necessary for the performance of this Agreement; and
7.1.3 not use any Confidential Information other than for the purpose of the Agreement.
7.2 Clause 7.1 shall not apply to the extent that such Confidential Information which:
7.2.1 is or becomes public knowledge otherwise than due to a breach of clause 7.1;
7.2.2 was in possession of the receiving party without restriction prior to receiving it from the disclosing party; or
7.2.3 is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure.
7.3 Nothing in this clause 7 shall prevent either party from disclosing any Confidential Information as required by law and/or to a public or regulatory body, for the purposes of law enforcement or in connection with legal proceedings in the Finland.
7.4 Either party shall be entitled to disclose the other party’s Confidential Information to its employees and subcontractors or professional advisors provided such disclosure is under conditions of confidentiality.
7.5 WeHost shall be entitled to share any Confidential Information with its Associated Companies either in the Finland or based in another jurisdiction.
7.6 The obligations under this clause 7 shall survive termination of the Agreement.
8. Intellectual Property
8.1 The Customer acknowledges and accepts that it will not own or acquire any Intellectual Property Rights in or relating to the Services or created in performing the Services and that it will have no rights in or to the Services other than the rights expressly granted in the Agreement.
8.2 The Customer will indemnify and keep WeHost indemnified from and against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, losses, damages, claims, demands, legal costs (on a full indemnity basis) and judgments which WeHost incurs or suffers as a consequence of infringement of any Intellectual Property Right of any third party arising directly or indirectly from:
8.2.1 the provision by WeHost of Services making use of information or specifications supplied by the Client;
8.2.3 the Client’s failure to procure all necessary rights from third parties which are from time to time required in order for WeHost to be able legally to provide the Services; or
8.2.4 the use by WeHost in connection with the Agreement of the Client System and the Client Materials.
9.1 The provisions of this clause 9 set out the entire liability of WeHost (including any liability for the acts or omissions of its employees, consultants, agents and authorised representatives) to the Customer in relation to the Agreement.
9.2 Nothing in the Agreement excludes or limits WeHost’s liability for death or personal injury caused by the negligence of WeHost, fraud or a breach of section 12 of the Sale of Goods Act.
9.3 Subject to clause 9.2 above, WeHost will not be liable to the Customer, whether in contract, tort, misrepresentation or otherwise (including negligence) for any consequential or indirect losses, costs, expenses or otherwise including, but not limited to, loss of profits, loss of revenue, loss of goodwill, loss of business or loss of opportunity.
9.4 Subject to clauses 9.2 and 9.3 above, WeHost’s total liability to the Customer shall not exceed one and a quarter times the amount of the Fees paid by the Customer, in relation to the Services, to WeHost in the 12 month period preceding the incident giving rise to the claim.
9.5 The Customer accepts that the allocation or risk under the Agreement is a fair reflection of the nature of the Services and the level of the Fees charged for the Services.
10. Customer Indemnity
10.1 The Customer shall fully indemnify and hold WeHost and its Associated Companies, employees, offices, agents and partners harmless from and against any action, demand, cost (on a full indemnity basis) losses, penalty, damage, liability claim or expense (including legal fees on an indemnity basis) whatsoever incurred by WeHost and arising from:
10.1.1 the Customer’s breach of the Agreement, negligence or other default;
10.1.2 the operation or break down or any IT system owned or used by the Customer; or
10.1.3 the Customer’s use of misuse of the Services.
11. Data Protection
11.1 Both parties warrant that they will comply at all times with all relevant data protection legislation, including the General Data Protection Regulations (‘GDPR’).
11.2 Where any Services provided by WeHost include hosting services and/or any services which involve the submission, collection and/or use of personally identifying or identifiable information about the Customer, or Customer’s clients, the Customer accepts that it is acting as the data controller and WeHost is the data processor. In such circumstances, the Customer confirms that it will execute WeHost’s Data Processing Addendum (“DPA”) which governs the transfer of personal data both within and outside of the EEA. The Customer further accepts that its failure to execute the DPA shall not prevent the terms of the DPA applying and that the DPA is incorporated by reference in this Agreement, where applicable.
11.3 To the extent that WeHost acts as a data processor under GDPR then WeHost shall:
11.3.1 only act on the written instructions of the Customer as the data controller;
11.3.2 not use a sub-data processor without the Customer’s prior written authorisation;
11.3.3 co-operate with relevant supervisory bodies, including the Information Commissioner’s Office, in accordance with Article 31 of GDPR;
11.3.4 ensure it has adequate technical and organisational measures in place to ensure the security of its processing in accordance with Article 32 GDPR;
11.3.5 keep records of its processing activities, where relevant, in accordance with Article 30.2 of GDPR;
11.3.6 on termination of the Agreement, howsoever arising, delete all of the Customer’s data; and
11.3.7 notify any personal data breaches affecting the Customer’s data, to the Customer in accordance with Article 33.
12. Force Majeure
12.1 Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of Pargon or the Customer, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party’s workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control
13. Term and Termination
13.1 WeHost shall provide the Services for the Initial Term. Following the Initial Term, the provision of the Services shall continue until terminated by either party invoking the termination rights under these General Terms and Conditions.
13.2 Where the Customer is a Consumer, the Customer is entitled to terminate the Agreement within 14 days starting from the day after The Customer receives the Order Confirmation unless the Customer has agreed that WeHost shall commence providing the Services within that 14 day period.
13.2.1 The Customer is deemed to have expressly agreed that WeHost will commence providing the Services within 14 days by clicking the ‘Complete Order’ button on the website.
13.2.2 If the Customer is not prepared to waive these rights then WeHost may be unable to commence provision of the Services until the 14 day cooling off period has expired.
13.2.3 To effect termination the Customer must contact WeHost’s customer support using the method(s) set out on its website.
13.3 Without prejudice to any other termination rights set out elsewhere in these General Terms and Conditions, either party may terminate the Agreement, or the provision of any part of the Services, for convenience by serving 30 days written notice on the other party, such notice to expire on or after the end of the Initial Term.
13.4 Either party may terminate the Agreement immediately in the event that the other party:
13.4.1 has committed any material breach of this Agreement which is incapable of remedy;
13.4.2 has failed to remedy any remediable breach having been given 14 days written notice to do so;
13.4.3 becomes the subject of an Insolvency Event; or
13.4.4 ceases or threatens to cease trading.
13.5 WeHost may terminate the Agreement without notice and without liability in the event that the Customer fails to pay, when due, any sum owing to WeHost. Such termination by WeHost may take effect during the Initial Term and shall not relieve the Customer of any liability to pay for the remainder of the Initial Term. #
13.6 WeHost may terminate the Agreement with immediate effect in the event that the Customer is rude, aggressive or violent towards any WeHost employee or in any other circumstances where the Customer’s conduct is unacceptable to WeHost.
13.7 Termination of the Agreement and/or the provision of any Services, howsoever arising, shall be without prejudice to any sums owing by the Customer to WeHost.
14. Post Termination
14.1 Termination of the Agreement is without to any rights or duties of either party accrued prior to termination.
14.2 Clauses in the Agreement which are expressly or impliedly intended to continue in effect notwithstanding termination of the Agreement shall continue to bind the parties post termination.
14.3 Upon termination of the Agreement, for whatever reason, WeHost may, without further notice to the Customer, irretrievably delete the Customer’s data from its systems and any equipment.
14.4 Upon termination of the Agreement, for whatever reason, the Customer shall:
14.4.1 cease to use the Services and any Software;
14.4.2 erase any Software from the Customer’s systems and confirm to WeHost that it has done so;
14.4.3 return any WeHost equipment or any other WeHost materials to WeHost without delay; and
14.4.4 make payment of any sums due to WeHost for the provision of the Services and for any out of pocket or pro-rata expenses incurred by WeHost including any registration or licencing fees.
14.5 Termination by the Customer within the Initial Term shall only take effect once the Customer has settled on fees due and owing for the Initial Term.
15.1 The illegality, invalidity or unenforceability of any provision of the Agreement will not affect the legality, validity or enforceability of the remainder. If any such provision is found by any court or competent authority to be illegal, invalid or unenforceable, the parties agree that they will substitute provisions in a form as similar to the offending provisions as is possible without thereby rendering them illegal, invalid or unenforceable.
16.1 The failure or delay by either party in exercising any right, power or remedy of that party under the Agreement will not in any circumstance impair such right, power or remedy nor operate as a waiver of it. The single or partial exercise by either party of any right, power or remedy under the Agreement will not in any circumstance preclude any other or further exercise of it or the exercise of any other right, power or remedy.
16.2 Any waiver by either party of a breach of or default under any of the terms of the Agreement by the other party is not deemed a waiver of any subsequent breach or default and in no way affects the other terms of the Agreement.
17. Assignment and Subcontracting
17.1 The Customer may not assign the benefit or delegate the burden of the Agreement nor sub-license any of its rights under the Agreement (including to its Associated Company) without the prior written consent of WeHost. Any consent provided by WeHost under this clause is given on condition that the assignee or licensee, as the case may be, agrees to comply with the terms of the Agreement as if they were the Customer and that the Customer guarantees the assignee’s or licensee’s performance as applicable. WeHost may sub-contract or assign any or all of its rights and obligations under the Agreement
18.1 No variation or amendment to the Agreement (including any Order Confirmation) is effective unless confirmed in writing by an authorised representative of WeHost.
19.1 Any notice to be given or made by either party under or in connection with the Agreement must be in writing and given or made to the other party at its address stated in the Order Confirmation or to such other address as either party may from time to time notify to the other. Every notice, if so addressed, is deemed to have been duly given or made, if delivered by hand, upon delivery at the address of the relevant party, if sent by prepaid first class post, two business days after the date of posting and if transmitted by facsimile, at the time of transmission (provided a confirmatory letter is sent by prepaid first class post) provided that, where, in accordance with the above provisions, any notice would otherwise be deemed to be given or made on a day which is not a business day or after 4.00 p.m. on a business day, such notice shall be deemed to be given or made at 9.00 a.m. on the next business day. WeHost may additionally serve notice on the Customer under or in connection with the Agreement by email to the Customer at the contact email address registered by the Customer, and in such a case the email will be deemed received once transmitted from WeHost’s email server.
20. Law and Jurisdiction
20.1 The Agreement shall be construed in accordance with and governed by Finnish Law.
20.2 The Finnish courts shall have exclusive jurisdiction over any disputes arising out of or related to the Agreement.
We Web Hosting, registered number 2536101-3
30 Day Money Back Guarantee
Service Level Agreement (SLA)
Acceptable Usage Policy
Managed and Free Migrations Terms and Conditions
These Managed and Free Migrations Terms and Conditions apply to paid, bundled and free migrations and are supplemental to WeHost’s General Term and Conditions. The request that WeHost carry out a migration constitutes acceptance of these Managed and Free Migrations Terms and Conditions and WeHost’s General Terms and Conditions.
To initiate a migration request, all data on the migration form displayed in the wwebhost.com/portal client area must be completed. Once this is done, you must create a support ticket and WeHost will endeavor to respond to this within 1 working day with a suggested migration date/time.
The Customer accepts and understands that WeHost can only move websites from web hosts where WeHost has FTP access, cPanel or other web access panel.
The migration service is the movement of the Customer’s files and databases from their existing host to the WeHost platform. Note Email data cannot be moved in some cases.
Sensitive data shared with WeHost during the migration of your website will be held in compliance with all Finnish data protection legislation.
WeHost is not responsible for any loss or damage whatsoever arising from a website migration. Before requesting a migration, Customers must take a full backup of their website data and files.
The Customer accepts and understands that WeHost will not migrate email, domain registration or custom DNS records. WeHost will attempt to migrate all databases we believe are necessary for the operation of your website but it is the Customer’s responsibility to ensure that any website functions correctly post-migration.
WeHost will not migrate an SSL certificate from the Customer’s current provider. If an SSL certificate is required for any migrated websites, then a new one will have to be purchased via WeHost.
Once migration is completed, Customers must check that the content has been transferred successfully before canceling any third-party hosting package. Customers are solely responsible for the decision to terminate any hosting provided by a third-party and WeHost accepts responsibility for loss of data.
WeHost will not debug technical issues with a Customer’s website, scripts or databases, whether or not the Customer believes these to have arisen due to the migration. Basic Migrations WeHost will endeavor to migrate the Customer’s website within 3 working days but the Customer accepts this may not be possible during busy periods or due to unforeseen technical issues.
If your DNS is not hosted with WeHost then it is solely the Customer’s responsibility to update your DNS records during the migration window. eCommerce Migrations WeHost will endeavor to migrate the website at the scheduled time however there may be some deviation due to unforeseen technical issues or human factors.
Bundled Products Terms and Conditions
VPS and Dedicated Server Terms and Conditions
Domain Registrant Agreement
Uniform Domain Name Dispute Resolution Policy
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/en/dndr/udrp/approved-providers.htm (each, a “Provider”).
In the administrative proceeding, the complainant must prove that each of these three elements are present.
5. All Other Disputes and Litigation
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
6. Our Involvement in Disputes We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the Status Quo
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers During a Dispute
9. Policy Modifications
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration
3rd Party Domain Terms and Conditions
WHOIS Privacy Terms and Conditions
DMCA Ignored Hosting Plans>
DMCA Ignored Hosting
Complaints & Disputes
All abuse complaints and disputes on issues not listed in our AUP will be dealt with according to the laws of Malaysia, company which we’re using for our host partner.
The court of Malaysia shall have exclusive jurisdiction in the event of disputes resulting from or relating to any complaints, disputes or agreements between the Customer and the complainant.
Should the complainant agreed to leave the dispute decision to the laws of Malaysia, the complainant shall accept that We Web Hosting as the content hosting provider cannot be held liable for any consequential,
incidental, exemplary, punitive or multiple damages. Until the decision of the dispute is made known, We Web Hosting reserves the right to continue providing the services to the Customers.
The We Web Hosting companys customer is responsible for the content and pages they share. We Web Hosting do not take responsibility for what they do. All Abuse complains are manually reviewed within our service partner.
Suspension of Services
Suspension of services may be caused by abuse and violations of system or network security, be it an action by the service owner or a result of a compromised service. These offences may result in suspension, cancellation or criminal and civil liability.
We Web Hosting carries the right to suspend and/or cancel any service under its network without prior notice. Using We Web Hosting network, services, or systems to store or send content which is illegal according to the laws of Malaysia is not permitted for any reason.
Examples of system or network abuse or security violations include, without limitation, the following:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
2. Unauthorized Monitoring
Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
5. Offensive Material
Use of We Web Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
6. Fraud, Phishing & Scamming
Use of We Web Hosting service to commit fraud which including and not limiting to fake investment websites, speculation websites, fake banks and investment institution.
7. Virus, Trojan and Malware Distribution
Use of We Web Hosting service to distribute Virus or any other forms of data which can cause considerable harms to any network. Using or storing any type of software which is designed to or is likely to abuse or negatively impact Internet service, including, but not limited to, portscanners, hacking tools, ping flooding programs, security/root exploits, packet sniffers, and spam software.
8. Terrorism Activities
Use of We Web Hosting services to promote terrorist activities which including and not limiting to forums for terrorists, personal websites for terrorists, audio, photo and videos of terrorist activities.
9. System Resources Overload
Overload of We Web Hosting services until the system performance or other customers’ business is affected which including and not limiting to CPU resources overload, bandwidth overload, memory resources overload, MySQL connections overload and massive email spamming by scripts.
10. Spam (UNSOLICITED EMAIL)
Customer shall not transmit or disseminate unsolicited commercial e-mail (UCE), or unsolicited bulk messages (Spam), including advertisements, informational distributions, and charitable or other solicitations. Nor shall Customer utilize UCE or Spam to promote or benefit any sites or businesses that are located on the We Web Hosting network, nor to collect responses from UCE or Spam regardless of whether sent over the We Web Hosting network. Do not violate the CAN-SPAM Act of 2003. Do not send E-Mail Marketing Messages or facilitate E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Do not host or allow to be hosted any site or information that is advertised by E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Customer may not send or attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than Customer for purposes of deception. Any attempt to impersonate someone else by altering source IP address information or by using forged headers or other identifying information, including the domain name is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify Customer’s identity in connection with use of the Service is prohibited. Confirmed Opt-In (also known as Double Opt-in), is the only method we allow for the e-mail lists operated by our customers.
11. Child Pornography
Child pornography includes related material, such as simulated child pornography, non-nude child pornography, or sites linking to such material, whether it is determined to be legal or not. Offenses of this nature will be reported to the federal authorities and prosecuted to the fullest extent of the law. Customer is held fully responsible for any misuse of account regardless of whoever committed the act.
12. Storage Device
Using a shared hosting account as a backup/storage device is strictly not permitted. Shared hosting account are meant for hosting Customer’s website content.
13. Internet Relay Chat (IRC)
IRC is well-known for being a platform for a Command and Control or “C&C" type of technology, where malware that was placed (or downloaded and ran) on a machine on local network connecting outbound, “beaconing" back to the C&C server (generally just an IRC channel with a password) so that the Master of the malware could control the other computers known as a botnet.
14. Game Hosting Server
We Web Hosting strictly prohibits clients from hosting game servers on shared hosting. Game servers are only allowed to be installed and hosted on Windows Hyper-V based virtual private server (VPS) or dedicated servers platforms only. Please contact sales for more information on both solutions for hosting Game Servers.
15. Distributed Denial of Service (DDoS)
No We Web Hosting resources and servers may be used to perform any form of DoS attacks. If a server is being attacked by any form of DoS, the said account will be terminated with immediate effect. Customers may subscribe to our anti DDoS protected network to have the account re-activated and protected from further attacks. If the attack continues and goes beyond the limit where our DoS protected network could mitigate, We Web Hosting will null-route, ACL or otherwise suspend the services in its entirety to maintain quality of service for other Customers on our network.
Investigation & Cancellation of Services
We Web Hosting reserves the right to disable service or terminate service and/or to remove content in order to investigate suspected violations of this AUP. We Web Hosting at its best effort will notify any customers of any violation so that the customer can investigate the case and provide necessary explanation or solution. Failure to respond to email from our abuse department may result in the suspension or termination of services. In some critical cases, We Web Hosting reserves the right to disable or terminate service without first given notice if the violation affects the entire operation. If the explanation or solution is accepted, customer is given a warning and/or incurs an abuse fees. If We Web Hosting feels as though this first offense was a deliberate attempt then the account and all associated accounts will be closed without warning and without a refund. We Web Hosting does not issue refunds for terminating service due to any of the causes specified above. Dedicated Server or Websites with unresolved Abuse or AUP matters which are not responded to within 10 days will be considered abandoned and will be deleted from the offending account.
If your or your end users’ actions have caused the We Web Hosting mail servers or IP address ranges to be placed on blacklists and other mail filtering software systems used by companies on the internet, you will be assessed a USD100 abuse administrative charge and fees of USD100 per hour for employee time incurred to contact list holders, remove any blocks and protect our mail servers and IP ranges.
We Web Hosting reserves the right to refuse service to anyone. Any material that, in our judgment, is illegal, of threats or violates our terms of service in any manner may be removed or suspended from our servers with or without notice.
For Resellers: We will suspend the site in question and will notify you to take action. If Customer’s account has repetitive occurrence of this type, it may result in the immediate termination of Customer’s account.
For Direct customers: Customer’s services will be terminated with or without notice.
DDOS Attack Policy
DDoS Attacked (Being Attacked)
1) If a server’s IP is being DDOS, the said DDOS IP will be nullrouted/blackholed for a minimum of 24-48 hours.
2) The server hosting will only be released until it is relocated to a different network segment that has minimal DDoS mitigation service to try and protect the server from the current DDoS attacks.
3) If there is a second recurring DDOS attack, the server will be suspended to prevent a major network outage on all network devices and servers. A one time fee of USD100 is applicable to perform nullroute/ blackhole on the server to reinstate the server.
4) Should the same server is to be attacked for a third time,
Permanent Suspension will be enforced and hosting subscription will be terminated with no refund.
DDoS Attacking (Attacking Others)
1) If a server is found to be sending out attacking DDOS packets, the server will be put under suspension with the IP being nullrouted/ blackholed immediately. Customer will be alerted and will be required to investigate and perform the necessary fix on the compromised server. In order to do so, our support engineers will extend the ability for the server owner to connect the server’s RDC or SSH connection. Server will be reinstated upon confirmation that the root cause for the outgoing attacks are fixed and cleared.
NOTE: For Co-Location Server hosting, server owners will be required to send their engineers onsite to the data center to perform the investigation and necessary fix before the server is reinstated.
2) The server hosting will be terminated and a Permanent Suspension notice will be sent to the server owner for any reoccurring outgoing attacks.
NOTE: For Shared Hosting subscriptions, the first DDoS attack (incoming or outgoing) will be considered coincidental and will be released after 24 – 48 hours. If the account is attacked for the second time, a permanent suspension will be performed for the said subscription There will be no plea upon the final decision on the Permanent Suspension. Customer may request for the data backup link. AntiDDOS subscription is only applicable for the IP that is mitigated. Clients are recommended to subscribe to the Anti DDoS protection for all IP addresses under their server subscription. You may contact Sales for a discounted quote.
Reporting AUP Violations
Please email to : email@example.com
We Web Hosting promotes a high level of responsible behaviour with the use of its services. The Company respects the rights of others and requires that users of its services do the same.
If you have identified that We Web Hosting services are used in violation of the We Web Hosting’s Terms and Conditions, you can send an abuse notification.
The procedure and requirements for the abuse notifications are set forth below. We Web Hosting would like to emphasize that if the necessary information related to the abuse was not presented, We Web Hosting cannot take appropriate measures. When processing an application in accordance with the present document, We Web Hosting is guided by the following principles:
Limitation of Liability
We Web Hosting complies with the laws and does not have control over the use of its services by its Customers. We Web Hosting does not assume the functions of a judicial or law enforcement agency. We Web Hosting cannot define whether or not the content posted is illegal. In case of any disputes, an Applicant should contact a law enforcement agency or a court.
Presumption of good faith
We Web Hosting respects its Customers and proceeds on the basis that they comply with the legal requirements and We Web Hosting’s Terms and Conditions while using the services.
The application procedure should not interfere with the necessary legal actions. An Applicant must understand that evidence tampering is illegal.
An application will only be taken into processing if it meets the requirements outlined in this document.
We solely process applications or complaints of unlawful and/or illegal content if received in writing. Any applications or complaints that contradict the notice and takedown procedure as described below, will not be processed.
The application must be sent to firstname.lastname@example.org
The application should state that the applicant undertakes to indemnify for losses incurred by the We Web Hosting in the case of unwarranted server suspension, if afterward the application is proved to contain false information about the violation of the applicant’s copyright.
It is Applicant’s obligation to maintain its own email addresses for reports and to promptly and appropriately respond to all emails sent to these addresses.
Requirements and Procedure
The application must include the following identification information:
For individuals — first, middle and last names, passport details (number, issuing authority, issue date), contact information (phone number and/or Fax, email address).
For legal entities — company name, factual and legal addresses, contact information (phone number and/or Fax, email address).The application must be in .PDF format complete with genuine identity verification such as signature of the complainant or the legal entities stamping.
The application should reference an IP address where the reported content is located or from which the reported conduct occurred. The IP address in question must belong to We Web Hosting.
Include the links to the infringing material or activity. Include only URLs or domain names, on which an Applicant is seeking resolution. These URLs should resolve to an IP address belonging to We Web Hosting!
Provide a description of the content or conduct that Applicant wishes to report and an explanation as to why it is infringing Applicant’s rights or violating applicable law or applicable We Web Hosting’s Terms and Conditions.
Include consent from an Applicant to process his personal data (if an Applicant is an individual).
An Applicant must attach copies of documents confirming his rights or ownership. The Application may be accompanied by the documents containing other pertaining information.
Once complaint is submitted, We Web Hosting will consider the accuracy of the application. We Web Hosting evaluates reports referred to in the document to determine whether they are unequivocally unlawful and/or punishable. We Web Hosting does not disclose information on the status of the application except for the cases stipulated by law.
The following actions are construed as an abuse by We Web Hosting:
Repeated applications, phone calls, emails, livechats to various channels. Take note that only Abuse Dept. handle these applications. Repeated actions to other channels will result in permanent ban of the contact.
Repeated applications, formally corresponding to the requirements of this document, but containing false information based on the inspection results.
Falsification of documents (including electronic) and information.
Filing of the complaint in a way that violates We Web Hosting’s Terms and Conditions, Terms of Services, this document or using unreliable information.
Use of automatic mailings and/or “robots” to access and/or to communicate with We Web Hosting.
Appeal by the Applicant after claim submission containing the same complaint in relation to the same subject in any other way, if there is no reference to the number of the originally submitted claim (ticket number).
In some cases, We Web Hosting may grant a Customer an option to contest the alleged violation by submitting a counter-notice. We Web Hosting shall review the submitted information and may (at its sole discretion) decide to reject Customer’s counter-notice, and require Customer to take immediate remedial action, if, at We Web Hosting’s sole discretion, Customer’s or the end user’s content or actions are unmistakably unlawful and/or may subject We Web Hosting to third party applications and/or litigation.
This document is not exhaustive, We Web Hosting reserves the right to modify it from time to time. The continued use of the Services after a modification has been communicated, constitutes Customer’s acceptance of the document.
Nothing in this text should be construed as a legal advice. For the definitive word on the law, legal help, etc. We Web Hosting highly recommends to seek qualified legal counsel. Never send abuse applications directly to personal email addresses of We Web Hosting employees and never call about abuse to personal mobile telephone numbers of We Web Hosting personnel.
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