WhipNet Technologies Web Solutions Terms and Conditions
WhipNet Technologies (referred hereinafter as 'WhipNet ', 'our', 'we' and 'us') shall provide its Services to You (Customer) under the Terms and conditions of this WhipNet - Customer Agreement. The Agreement is intended to protect both the integrity and liability of WhipNet and the Customer. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.
Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions below. WhipNet reserves the right to change this policy at any time and without notice. You are responsible for regularly reviewing these terms and conditions. Your registration with WhipNet and/or your continued use of WhipNet's services/servers constitutes your agreement to all such terms, conditions, notices, and with all applicable laws and regulations. You are solely responsible for adhering to the local/federal laws in the jurisdiction in which you reside.
You understand and agree that the service is provided "AS-IS" and that WhipNet assumes no responsibility for the timeliness, deletion, incorrect delivery or failure to store any customer communications or personalization settings.
Customer agrees that he/she is at least 18 years of age. If the customer is not at least 18 years of age, a parent or guardian's name must be put on the account and will be responsible for payment and Web Site content. If a minor (a person under the age of 18) obtains an account through WhipNet without parental approval, this agreement DOES NOT become void.
WhipNet is concerned about the safety and privacy of all its customers, particularly children under the age of 13. Please remember that the service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is parents' responsibility to determine whether any of the services and/or content are appropriate for the child.
Payment & Cancellation Information
You agree to supply appropriate payment for the services received from WhipNet in advance of the time period during which such services are provided (due each anniversary following the date the account was established (monthly, quarterly, bi-annually, yearly)). You agree that until and unless you notify WhipNet of your desire to cancel any or all services received, those services will be billed on a recurring basis. Payment invoices and receipts will be sent by electronic mail.
Insufficient Funds Charge
There is a $25.00 fee for every check returned due to insufficient funds.
Accounts more than five (5) days past due will be terminated. Termination does not eliminate your obligation to pay all fees incurred up to the date that WhipNet terminates your account. If WhipNet incurs any fees or costs in collecting any past-due amounts, including costs of attorneys or a collection bureau, those fees and costs will be added to the amount you owe.
Cancellation notices must be sent by e-mail to cancel@WhipNet.com at least five (5) business days (Monday-Friday) prior to your next billing date. We DO NOT provide refunds for prepaid service unless the refund is requested within the thirty (30) day money back grace period.
Accounts cancelled/terminated by WhipNet for violating our terms of service will not receive any refunds.
Please allow thirty (30) days for processing.
Money Back Guarantee
Every web hosting plan includes a full thirty (30) day money back guarantee.
If you are not completely satisfied with our services within the first thirty (30) days of opening a new account with WhipNet, you will be given a full refund of the contract amount excluding overages and setup fees. No refund is available after that period. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, etc.
Dedicated Servers: Due to the service required to setup dedicated servers, ALL payments for dedicated servers are non-refundable.
Accounts cancelled/terminated by WhipNet for violating our terms of service do not qualify for the thirty (30) day money back guarantee. Only first-time accounts are eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, please contact our customer service department . Or call 281-364-4545 between 8-5 M-F.
Please allow thirty (30) days for processing.
WhipNet offers all customers a 99% uptime guarantee on our web hosting services. In the event that your web site is unavailable, meaning the server is malfunctioning and not responding properly to HTTP requests, for more than 1 hour, at any time, continuous or spread out during a day, you are entitled to receive a full refund for that day's services.
However, WhipNet will not be held responsible for the following:
Factors outside of our control, such as heavy Internet congestion or networking failures outside of our network, or problems caused by outside agents.
Problems caused by the customer's mistake(s) or oversights, such as failing to pay for domain name registration or renewal fees, or accidentally deleting important files.
Problems caused by the failure or malfunction of Microsoft FrontPage Server Extensions.
Failures of third party software (CGI scripts, etc.) installed by and run by the customer.
Failures caused by custom configurations.
Sites that are disabled or removed for non-payment, violations of policies, etc.
If you believe your site has been unavailable for more than 15% of a month's time, please contact our customer service department. We will confirm that the outage has occurred, after which we will refund your payment for the given month.
Please allow thirty (30) days for processing.
Refusal or Discontinuation of Service
WhipNet reserves the right to refuse or discontinue service to anyone at WhipNet sole discretion. WhipNet may deny you access to all or part of the service without notice if you engage in any conduct or activities that WhipNet in its sole discretion believes violates any of the terms and conditions in this agreement. WhipNet shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that WhipNet has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. WhipNet reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. WhipNet also reserves the right to refuse refunds in cases where WhipNet believes abuse has taken place.
You agree to indemnify, defend and hold WhipNet and its subsidiaries, affiliates, network partner sites, officers and employees, harmless from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting directly/indirectly from your use of WhipNet's service which damages either you, WhipNet, or any other party or parties without limitation or exception. This indemnification agreement extends to all issues associated with your account, including but not limited to domain name selection, intellectual property or rights of any person or entity as a result of any threatening, libelous, obscene, harassing or offensive material contained in any user communication.
WhipNet makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by WhipNet or its agents or employees shall create a warranty. WhipNet provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on our servers is free from viruses or other harmful components. Under no circumstances shall WhipNet be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with WhipNet service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on WhipNet servers that such information becomes available to all Internet users and that WhipNet has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of WhipNet server(s) and the Internet. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through WhipNet or on the Internet generally.
Your use of the service is at your sole risk. WhipNet is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on WhipNet server(s).
We will restore customer files for a fee of $75.00 per restoration. Please file a technical support request and include a list of the files you need restored and the last date and time you believed these files were correct. Allow 24-48 hours for the complete restoration of your files.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by WhipNet, including restrictions on services available with each service type, restrictions on certain features and all other policies. You agree to abide by any and all future WhipNet policy decisions.
WhipNet reserves the right to monitor any and all communications through or with our facilities. You agree that WhipNet is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
This agreement supersedes any written, electronic, or oral communication you may have had with WhipNet or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
By placing and continuing to maintain or place information on WhipNet's servers, you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
This document was last updated 8/27/05 2:04 PM ©2002-2013