These Terms of Service are an agreement between WireNine.com
("WireNine" or “us” or “our” or “we”) and you (“Customer” or
“you” or “your”).
By purchasing or using WireNine's products and services described and offered on and throughout http://www.wirenine.com (our "Website"), you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement.
If you do not agree with our terms of service, then you may not use any of our services. If you are an existing customer, and do not agree with these terms, you should stop use of the services immediately.
WireNine intends to provide the best possible web hosting service to each of its customers. However, due to changing technologies, changing laws and the individual and collective needs of our Customers, WireNine reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
The Services aren't targeted towards, nor intended to be used by anyone under the age of 13. By utilizing the Services, you represent and warrant that you are at least 13 years of age or older.
It is your responsibility to provide complete and accurate information and keep your Account information up to date at all times. Accounts are setup after payment has been received and the order has been screened by either us or our partner(s) for fraud. You are responsible for providing us with a valid 3rd party email address which is not associated with the domain(s) hosted on your account. In case we need to get in touch with you regarding an abuse issue or other account related matters, we will contact you on the primary email you signed up with. If you have registered a domain with WireNine.com, you must verify that the contact information with your registered domain(s) is always correct and up to date. WireNine will not be liable for any loss or damage from your failure to provide us with accurate information or to keep your Account secure. Providing false contact information of any kind may result in the termination of your account.
You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your Account password secure.
You can update your contact information at any time through the client portal. High risk transactions may be subject to further validation, we may require you to provide us with a scanned copy of your government issued identification and possibly a scan of the credit card used during sign up. If you fail to provide us with proper validation upon request, your order will rejected and marked as fraudulent.
Website transfers are provided as a courtesy service and although our team will make every effort to move your site to WireNine’s servers, we cannot make any guarantees. Each web hosting company uses unique configurations which saves website data in an incompatible format, which may make it difficult if not impossible to transfer account data. If your old web host uses cPanel, our team can seamlessly initiate an account transfer on your behalf. The free transfer provided by WireNine is only available within 30 days of account registration after which period an account transfer request will incur a small charge.
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly, you agree to use these Services only for the purposes intended as permitted by (a) the terms of this Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. WireNine reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise blocked), with or without notice. Failure to reply to an email from our abuse department within the defined time frame in our email to you may result in the suspension or termination of your account.
WireNine prohibits copyright and trademark infringement – this includes but is not limited to unauthorized copying of movies, music, books, photographs, software/warez, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be infringing any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights will be removed or access to the material will be blocked. Any account in consistent violation of copyright laws will be suspended or permanently terminated. If you believe that any account hosted with WireNine is in violation of the copyright agreement laid forth here, please email firstname.lastname@example.org with the required information. Documentation may be required in order to follow through with account suspension/termination.
Here is a list of things we do not allow, this list should assist you in evaluating whether WireNine is the right service provider for you. The contents, links, or actions on any Services listed below are a violation of these terms of service.
In addition, you shall not link to or host any of the following;
Refusal of service
WireNine holds the right to refuse service to anybody at any time. Any material that, in WireNine's judgement, is obscene, threatening, prohibited, or breaks WireNine's terms and conditions in anyway may be removed from WireNine's servers (or otherwise blocked), with or without notice.
Any communication with WireNine's staff construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, will receive a single warning. If the communication continues, your Services may be suspended or terminated without refund. This includes, but is not restricted to, threats to sue, slander, libel, publicly post, or start a chargeback.
You also agree that we may, at our sole discretion, suspend or block access to all or part of your website with or without notice and for any reason, including, without limitation, breach of this Agreement.
All accounts are required to use as little server resources as possible. Because server resources such as CPU and memory are shared resources, excessive use of these resources can interfere with or completely prevent normal service operation for other Customers. WireNine reserves the right to suspend or terminate Services on any account that, at its sole discretion, is mistreating or consuming excessive amount of server resources causing server performance issues at any moment without previous warning, and for any or no reason.
Resource limitations for sub-accounts of reseller plans
1 CPU Core
1024MB Memory Usage
20 PHP Processes
50 Max Processes
150k Total Inodes
150 outgoing emails per 60 minute period (excess emails will be discarded and not delivered)
10 MySQL Connections 1024 KB/s I/O Limits
Resource limitations for Business and Managed Hosting plans
0.5-6 CPU Cores
512MB-8GB Memory Usage
10-200 PHP Processes
25-400 Max Processes
200-1500 outgoing emails per 60 minute period (excess emails will be discarded and not delivered)
10-50 MySQL Connections
Resource limitations for unmetered shared hosting plan
Up to 1 CPU Core
Up to 512MB Memory Usage
10 PHP Processes
30 Max Processes
200k Total Inodes
200 outgoing emails per 60 minute period (excess emails will be discarded and not delivered)
10 MySQL Connections 1024 KB/s I/O Limits
Customers may not:
Unlimited/Unmetered Disk Space/Bandwidth
Our Unmetered Hosting plans are designed to host most personal, small business and organization websites and thus we offer unmetered bandwidth and some plans offer unnmetered disk space and websites. This means WireNine does not set arbitrary limits or caps on the amount of disk space or bandwidth a website can use. WireNine makes reasonable effort to provide its Customers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Customer's use of the service complies with these Terms.
WireNine offers its services to host websites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and may result in suspension or termination of your hosting services without notice.
In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS or Dedicated Server, or we may take action to restrict the resources your website is utilizing.
Shared accounts exceeding 150,000 inodes may receive a warning first, followed by a suspension if no action is taken to reduce the number of inodes. Every file on your account uses up 1 INODE.
Your monthly bandwidth allowance is dependent on the hosting package you buy. If your account exceeds the limit, WireNine reserves the right to disable or suspend the account until the start of next allotment or until more bandwidth is purchased at an added fee or the account is upgraded to a higher level plan. Unused bandwidth does not transfer over to the next month.
Customers are expected to show responsible use of bandwidth resources, in order to allow for fair usage by all WireNine customers. WireNine reserves the right to suspend, terminate, or limit (including but not limited to port speed restrictions) Services on any account, that at its sole discretion, is using an abnormally large amounts of bandwidth at any time without prior warning, and for any or no cause.
Websites hosted with WireNine’s services are subject to all regulatory U.S. laws. With this in mind, and in pursuance of Section 230© of the Communications Decency Act, we will not remove allegedly defamatory material from domains hosted on our servers – the only exception being if the material is found to be defamatory by an official court. WireNine.com is not in a position to investigate and or validate the authenticity of individual defamation claims, why is why we will rely on the courts to resolve such issues. In any case in which a legal court order indicates that the material hosted on your account is defamatory, slanderous or in violation of any copyright; access to the contents of your account will be disabled. Similarly, if a US court places an injunction against any specified content or material hosted on your account; WireNine will remove or disable access to the materials in question.
We are covered by section 230(c) of the US Communications Decency Act which states that Internet service providers such as WireNine.com are not held liable for content (such as allegedly defamatory, offensive, inaccurate, harassing, or copyrighted content) that is posted on the sites they host for their customers. Our service merely provides a hosting platform and web space on which content is hosted – and any creation or publication of content on your services is the sole responsibility of the third-party user responsible for publishing the content.
If you have a complaint about one of the sites hosted on our servers, contact us at email@example.com and we will be more than happy to help you out.
All web applications that are out-of-date and actively being exploited will be suspended immediately or terminated without prior notice. You are responsible for and should evaluate your web-based applications and scripts on a regular basis to ensure their security and orderliness. Failure to update and secure any web applications or scripts available via the cPanel interface may result in WireNine either updating the web applications and scripts or suspending your account services until they are updated. Out-of-date web applications, scripts and weak passwords are the number one cause of compromised/hijacked accounts. When possible, please set your directory permissions to 755 or as restrictive as possible/necessary. Customers are responsible for all actions taken under their account. This includes but is not limited to compromised login credentials (such as username and password). As the Customer, you are required to use a strong password. If a weak password is used, your account may be suspended until you make your password more secure. Additionally, we may perform scans to find weak passwords and notify you if your password is found to be weak/insecure, or may force a password change through the control panel by expiring your existing insecure/weak password. We also reserve the right to change your password if your password is found to be weak/insecure or compromised.
WireNine will not be liable for any loss or damages of whatsoever kind, under whatever legal theory, caused by Customer's failure to comply with any of the foregoing security obligations or made by any person to whom Customer grants access to the Customer's Services, or due to any updates performed by WireNine pursuant to the conditions of this agreement.
WireNine has a zero tolerance policy against sending of unsolicited e-mail, bulk emailing and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Accounts found to be sending spam will be terminated indefinitely with or without notice.
Read our mail policy at http://www.wirenine.com/mailpolicy.html
Website advertised using SPAM (Spamvertised) cannot be hosted on WireNine's servers. This includes, but is not limited to SPAM sent via email, instant messaging, post mail, phone, fax, comment spam, or usenet/newsgroups. Organizations or entries listed in the ROKSO cannot be hosted on our servers. Accounts which result in our IP space being blacklisted will be immediately suspended or terminated.
WireNine reserves the right to charge the owner of the account that is used to send any unsolicited e-mail a clean up fee or any other charges incurred for blacklist removal. The cost of the clean up fee is variant on the degree of blacklist and is entirely at the discretion of WireNine.
WireNine also reserves the right to request changes or disable (as necessary) any web site, account, database, or other component that does not comply with its established policies -- or to make any such modifications in an emergency at its sole discretion.
If there is a violation of this AUP by one of a reseller’s client’s account, WireNine will suspend the website in question and will notify the reseller so that the reseller can terminate the account. WireNine may, but is not obligated to, monitor the account or website for any subsequent violations. The occurrence of additional violations may result in the immediate termination of your reseller account.
Your Services may be terminated immediately with or without notice.
Customer agrees to supply appropriate payment for the services provided by WireNine, in advance of the time period during which services are provided. Special offers are limited-time promotional prices that are available to new customers and are only valid for the Initial term only, and not for renewals. WireNine will automatically renew Customer's Hosting Account by charging the applicable fee for the non-promotional price to Customer's current method of payment on file.
You also agree that until and unless you notify WireNine of your need to cancel any or all services received, those services will be billed on a recurring basis based on your billing cycle.
Unless a cancellation request is submitted, WireNine reserves the right to bill your credit card or any other billing method you have on file with us.
Subsequently, all domain renewals are billed and renewed 30 days prior to the renewal date. It is your responsibility as the customer to notify our billing department via email (or ticket) at firstname.lastname@example.org for any domain registration you wish to cancel. No refunds can be given once a domain has been renewed -- all domain registrations and renewals are final.
WireNine offers a 7 day grace period from the time of invoice generation to the payment due date. Any invoice that is unpaid for 7 days after the payment due date will result in account suspension until the balance on the account has been settled. Access to the account will not be restored until payment has been received for the overdue invoice. Domain renewal notices and invoices are provided as a courtesy reminder from WireNine and we cannot be held responsible for a customer's failure to renew a domain or failure to notify a customer about a domain's renewal.
WireNine is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, WireNine reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.
Customer agrees that use of WireNine services is at Customer’s sole risk. Our backups run twice daily and keep your site file changes for up to 7 days. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at WireNine’s sole discretion.
Any advertised backup services provided by WireNine, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backups of files and data stored on WireNine's servers; WireNine is not responsible for any loss of files or data residing on your account.
No backups are performed for virtual private server (VPS/VDS) or dedicated servers, unless you purchase an additional service for backups. Any shared hosting account exceeding 100,000 inodes or 10 GB storage will not be included in WireNine's automatic backup process (this exclusion does not apply to Managed Business plans).
We promise to do our best to ensure your domain names are registered, transferred or renewed on time. If any domain name registration, renewal or transfer lapses, it's your responsibility to inform us within fourteen (14) days. Redemption fees will be charged to Customers for domain names that expired or remain expired more than thirty (30) days, when no contact is made in the required timeframe with WireNine. WireNine's liability is limited to the total amount paid for the domain name.
In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by WireNine) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to WireNine as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase.
Customers can cancel their account at any
time by requesting cancellation of their
account from the client
Similarly, WireNine reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. WireNine is not responsible for any damages or loss of data resulting from such suspension or termination.
Upon submitting the form, you will receive a submission confirmation in your email address on file with WireNine. We may contact you via email, ticket or phone to confirm your cancellation.
If you do not hear back from us, or do not receive an automatic confirmation email after submitting your request, please contact us at email@example.com to confirm whether or not we received your cancellation request.
If you have setup a recurring Paypal subscription to pay for your Services, you are solely responsible for canceling the subscription for any recurring PayPal payments by logging into PayPal.com directly. WireNine has no control over your PayPal subscription payments and will not be responsible for any payments made from your PayPal account after cancellation or termination of your Services and is under no obligation to refund such payments.
WireNine's shared and reseller plans carry a 60 day unconditional money back guarantee. VPS hosting plans carry a 30 day money back guarantee. If within 60 days of your purchase (30 days for VPS), you are not completely satisfied with WireNine's services, you will, upon request, receive a full refund of all hosting fees. All refund requests must be made through the billing department. Refunds will deduct the costs of any software licensing included free or purchased separately under your account. WireNine also reserves the right to deduct fees for value added services that may have been included in the services at no additional cost, such as SSL certificate or free domain registration or transfer, from any refunds or account credits.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
After the initial 60 days of account activation, no refunds will be issued. Cancellations requested outside the 60 day money back guarantee period are not eligible for a refund in part or in full.
Invoices that have been paid more than once with multiple PayPal subscriptions due to the customers error can only be added as credit towards the account and cannot be refunded via PayPal. If you require any assistance with this matter, please contact firstname.lastname@example.org.
Domain registration/renewal fees are non-refundable. If your plan includes a free domain name and you cancel within 1 year, our regular registration costs for the domain name (and any applicable taxes) will be deducted from your refund.
We do not offer refunds on dedicated servers, custom hosting plans, account credits, balances, added funds, WHMCS (Blesta, Clientexec) license, software licensing fees, dedicated IP addresses, administrative fees, SSL certificates, install fees for custom software, domain registrations, domain renewals, or domain transfers.
Under the money back guarantee, only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. If you cancel your account after the first 60 days have passed, or after your account is renewed then unfortunately we will not be able to issue any refunds.
Violations of WireNine's Terms of Service will waive the refund policy.
If WireNine receives a chargeback or payment dispute from a credit card company, bank, or Paypal, your Services may be suspended without notice. A $100 chargeback fee (issued to recoup mandatory fees passed on to WireNine by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact WireNine's billing team to address any billing issues.
In the event that your shared / reseller server has a physical downtime that falls short of the 100% uptime guarantee, you may be entitled to credit of up to 5% of your monthly fee for every 30 minutes of downtime (up to, but not exceeding 100% of one monthly payment, and the credit will be applied toward future payments). Approval of credit is at the discretion of WireNine.com upon valid justification provided. Third party monitoring services are not accepted as justification due to variety of factors including monitor's network capacity/transit availability and firewalls. The uptime of the server is defined as the reported uptime from the OS (operating system) and web server.
Site availability guarantee does not include downtime that is out of WireNine's control, including but not limited to: outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; scheduled or emergency maintenance, DDoS or other attacks on our servers, hardware failure, third-party software failure, maxed out resources, interruptions resulting from errors or omissions by the customer, issues relating to the customer's ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control.You are responsible for reporting a downtime event, and you must request a credit within five (5) days of experiencing a downtime event. To request credit, contact email@example.com with proper justification. Uptime Guarantees do not apply to VPS Hosting, or Dedicated servers as they are covered by a network uptime guarantee in which the credit may be prorated for the amount of time the server is offline.
WireNine does not provide any end-user support to our reseller's clients. All resellers bear full responsibility for supporting their own clients. All support requests must be made by the reseller on their client's behalf for security reasons. Resellers are also responsible for all content stored or transmitted under their account and their clients'. WireNine will hold the reseller responsible for actions of their clients that violate any laws or any of WireNine's policies and Terms Of Service.
WireNine offers a single (1) WHMCS license for free per customer with an eligible reseller hosting plan purchase. The free WHMCS license is only valid while your eligible reseller hosting plan is active and you are current on payments with no over due balance on your account. The free WHMCS license provided is only valid for a domain which is actively hosted on WireNine's servers and network. WHMCS licenses not being utilized will be revoked without notice. Any account found to be in violation of these terms may have their license revoked without notice and charged a license fee of $12.95 for each month the account was in violation. WireNine reserves the right to disable a WHMCS license at any time for any or no reason, with or without notice. Additionally, WireNine may revoke or end this offer at any time for any or no reason with or without notice.
The payment amount for hosting will never increase from your date of purchase. However, we reserve the right to change prices listed on WireNine.com, as well as the right to increase/decrease the amount of resources given to plans at any time.
Promotional Discounts and Coupons
Discounts and coupons are reserved for first time, new customers only. You cannot use a coupon or promo code more than once for the same account at a later date. Coupon abuse will not be tolerated and could result in suspension or termination of the account. Coupons, promo codes, or discounts are valid for the initial purchase term only and do not affect the renewal or the recurring price of your plan.
One FREE .COM, .NET or .ORG with purchase of a new 12-, 24- or 36-month shared hosting plan. You must add the domain name into your cart at the time of purchase. Cannot be used in conjunction with any other offer, sale, discount or promotion. Free domain offer is only for the first year . After the first year, domains purchased through this offer will renew at the then-current renewal price.
You agree to defend, protect, indemnify and hold harmless WireNine, and its officers, directors, employees, agents, and third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and collectively, "indemnified parties") from and against any and all claims, costs, damages, losses, liabilities, demands, actions, proceedings (whether legal or administrative), and expenses (including, without limitation, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of, or relating to: (i) your use of the Services; (ii) violation by you of any of WireNine's Agreement or policies; (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification terms of this section shall survive any termination of this Agreement or your use of this Site or the Services found at this Site.
You agree that your use of WireNine's Services is at your own risk. WireNine will not be responsible for any damages your business may suffer. WireNine makes no warranties of any kind, expressed or implied for services we provide. This disclaimer includes, but is not limited to, the warranties or non-infringement, fitness for a particular purpose, warranties or merchantability. Neither WireNine, its employees, agents, resellers, third party information providers, merchants licensors or the like, warrant that WireNine's services will not be interrupted or be error-free; nor do they make any warranty as to the results that might be obtained from the use of the services or as to the accuracy, or reliability, of any information service or merchandise contained in or provided through WireNine's network, unless otherwise expressly stated in this agreement. WireNine specifically disclaims any and all warranties regarding services provided by third parties, regardless of whether those services appear to be provided by WireNine. No warranties made by these third parties to WireNine shall be passed through to you, nor shall you claim to be a third party beneficiary of such warranties.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
In no event shall WireNine, its officers, directors, employees, agents or third parties providing services through WireNine, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including but not limited to: damages for loss of earnings, profits, revenue, business, data, or any other pecuniary loss by you, any of your end users or any third party as a result of your use of this site or the services found at this site or from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction or unauthorized access to WireNine records, servers or programs. You agree that this paragraph applies even if WireNine has been advised of the possibility of such damages. You hereby acknowledge that this paragraph applies to all contents on any of our servers or services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; you agree that in those jurisdictions, WireNine's liability will be limited to the extent permitted by law.
You also acknowledge and accept that any damages will be limited to no more than the fees paid by you for one (1) month of service.
WireNine may disclose any customer information to law enforcement agencies without consent or notification to the customer upon appropriate lawful request from such agencies. We will co-operate fully with law enforcement agencies.