1.1. The following provisions apply to all Services:
1.1.1. Descriptions of the features, characteristics and limitations of the products and services we offer are set out on our website. We agree to provide the Services to you, as they are described on our website, as of the Effective Date, during the Term. Should these characteristics change after the Effective Date, we are not obligated to modify your Services to reflect these changes. If we do so, and you agree to purchase them, the Fee may change. We may make changes to these Services if a supplier makes components unavailable, cost prohibitive, if a beta period ends, or at any time effective on the end of the term of a particular Service.
1.1.2. We provide two ways for you to purchase our Services: (i) through our website; or (ii) by opening a ticket to purchase additional Services (Ordering Process). When you place an order for the Services using either of these methods, you agree to purchase the Services selected by you during the Term.
1.1.3. We may decline to accept a request for Service if we determine that we require the facilities for other needs. Should operational needs require us to restrict or allocate Services among customers because of a shortage of facilities or causes beyond our control, we may do so without breaching this TOS.
1.1.4. Unless expressly set out during the Ordering Process, the Services may be provided from any of our facilities. You will have no ownership right in the facilities, or in components of the Services. You will only have the right to use the Services.
1.1.5. The individual or entity set out in our records is the only entity authorized to access the Services. It is your responsibility to secure passwords and other access methods used to access the Services. If you administer an account on behalf of another party, you warrant that you will administer that account in good faith, and indemnify us against all losses and liabilities incurred by us should you administer the account in ways that are adverse to your customer and which result in a claim against us.
1.1.6. If you resell the Service, or incorporate the Service into your own services, you are responsible for determining whether the Service will be appropriate for your customers (End Users) and for ensuring that they do not engage in any activity which would cause you to breach this TOS. Your End Users are not a third party beneficiary to this TOS, and you agree to indemnify us for any claims made against us by your End Users of any nature. Unless expressly set out during the Ordering Process, we have no obligation to provide support to End Users. If we cease providing the Service to you, for any reason, you are solely responsible for securing replacement services for your End Users.
1.1.7. We agree to use commercially reasonable efforts to provide Client with the Services according and subject to the terms of this TOS and all agreements incorporated by reference.
1.1.8. You must provide WebITech with all information, access, and full good faith cooperation, including, if required, with your third party vendors, reasonably necessary to enable WebITech to deliver the Services. We will rely on the information you provide to us. It is your obligation to keep this information up-to-date. We have no liability if communications are delayed, or not delivered, because of your failure to keep this information up-to-date. You agree that we may provide you with information that may negatively affect you by email. Please ensure that the email address you provide to us is configured in a way so that information from us is not rejected or marked as SPAM.
1.1.9. All software, hardware and some systems have a defined support lifetime (End of Life). Clients may only use software, hardware and systems that are currently supported by their owners, including those that may have initially been provided by WebITech in conjunction with the Services (for example, an operating system on a purchased server). When these items reach their End of Life, it is your responsibility to upgrade to a supported version. WebITech has no responsibility to support End of Life items.
1.1.10. We will provide, at no cost to you, one primary IP address by default, which will be subject to change at any time. WebITech shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by us and we reserve, in our sole discretion, the right to change or remove any and all such IP numbers and addresses; provided, however, that (i) we will provide you with at least thirty days prior written notice of any such change or removal; and (ii) you agree to provide WebITech with all reasonably requested assistance to effect any such change or removal. WebITech is required by ARIN (American Registry for Internet Numbers) to document on a “whois” server which entity is using the IP space. If you are assigned a static IP address, you consent to WebITech inclusion of your name, company name if a business, postal address, e-mail address, IP address, and telephone number in such “whois” server.
1.1.11. It is your obligation to back up your data. If the Services include backup services, these are provided as a supplement to your own backup efforts. Because no backup method is failsafe, we make no guarantees regarding the thoroughness of our backup solution. If your data is restored from backup, it will be restored in the manner it is stored by us. This may not include formatting and other elements necessary to make the restored data available on the internet, or in the form originally transmitted to us. We are not obligated to restore the data in that format.
1.1.12. Should you acquire any Microsoft / Google product(s) through WebITech you agree with and are liable to follow the Microsoft / Google End User License terms.
1.2. The following provisions apply to shared, dedicated and VPS Services:
1.2.1. You have the right to use the Services covered by this paragraph 1.2 to connect to our network, on a 24 x 7 basis, limited by this TOS. You will have no physical access to the equipment used to provide the Services.
1.2.2. The Services covered by this paragraph 1.2 are provided to you on a standard basis. They are not customized for your use. In some cases, they may have the manufacturer’s default settings. This means that aspects of your website, or use of them, may not function without additional configuration by you. You bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your site, and any other items you deem necessary to use the Services, must be compatible with them. Unless set out during the Ordering Process, we are not obligated to modify the Services to accommodate your use.
1.2.3. You will ensure that neither you nor any of your End Users make excessive or wasteful use of our network by agreeing to the following:
18.104.22.168. A “Reasonable Use” policy will apply to maintain stable data traffic on shared hosting Services. For the shared hosting Services, this means that if your use of the shared hosting Services regularly generates more traffic than is customary for similarly situated customers, we may require you to modify your use of the shared hosting Services so that they no longer exceed this standard. If you do not modify your use, we reserve the right to terminate this TOS and assess an Early Termination Fee. Shared hosting Services may not be used for instant messaging, chat rooms, or similar activities, nor may they be used for software distribution.
22.214.171.124. Dedicated hosting Services and virtual private server Services (VPS Services) have a set bandwidth allocation applicable to each Service as set out during the Ordering Process. If in any calendar month you obtain any bandwidth or disk space usage over that basic allocation, then we will charge you its standard overage fee.
126.96.36.199. A “Reasonable Use” policy will also apply to data traffic on VPS Services. For VPS Services, this means that if your use of the Web Hosting Services regularly generates more traffic than is customary for similarly situated customers, we may require you to modify your use of the VPS Services so that they no longer exceed this standard. If you do not modify your use, we reserve the right to terminate your use of the VPS Services and assess an Early Termination Fee.
188.8.131.52. Our VPS Services allow you to connect with our network using a portion of a server partitioned in a manner that allows you to have virtual control over all features and aspects of that server, other than certain preset characteristics. While it will appear that you are the only entity using the server, some resources will be shared. You will take no actions to limit the use of the equipment by our other customers or other entities in general. You will not alter, or attempt to alter, mechanisms, including software, implemented by us to facilitate the sharing of a server. You understand that our implementation of certain aspects of the VPS Services designed to facilitate use by multiple parties may affect your use and administration of the equipment. You NJ may not terminate this TOS based on our implementation of these features.
184.108.40.206. For dedicated Services your site will be the only site operating on our equipment. This equipment is leased, and not sold to you. You will have no ownership interest in this equipment.
220.127.116.11. Unused bandwidth may not be carried over from month-to-month.
18.104.22.168. On termination or expiration of the Services, we shall be entitled immediately to block your access to the Services and to remove all data located on our equipment. It is your responsibility to download, or otherwise secure possession of, the data prior to the date of termination. If we terminate the Services without providing you with prior notice, we agree to preserve the data for a period of fourteen days, and allow you to download, or otherwise secure possession of, the data. If, after this period, you do not collect it, it may be deleted by us.