Terms Of Use

Windowspace Web Building Systems – TERMS OF USE

Windowspace Web Building Systems provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Windowspace Web Building Systems are subject to the following terms of service. Please note that asterisked items (*) are not applicable to Dedicated Server customers:
PAYMENTS & MONEY BACK GUARANTEE:
WEB HOSTING PLANS: All Web Hosting and Ecommerce Web Hosting plans include a Free Domain Name & 30-day money-back guarantee. All the Free Domains ownership & DNS changes maintains by Windowspace Web Building Systems. If you wish your own domain control panel & ownership you must purchase separately. If you are dissatisfied with your service for any reason, you will receive a full refund (minus set-up fees and overage charges) if you cancel your account within 30 days of account activation. [Accounts cancelled/terminated by Windowspace Web Building Systems for violation of Terms of Use do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.] DEDICATED SERVERS & MANAGE SOLUTIONS: All payments to Dedicated servers fees are nonrefundable. The money-back guarantee does not apply to dedicated servers, or any fees associated with these accounts.
ACCOUNT CANCELLATION:
WEB HOSTING PLANS & RESELLER PLANS: All requests for canceling any service / services must be sent to windowspace@mail.com with reason for cancel account before 14 days. We do not take any fees for remove your accounts.
DEDICATED SERVERS & MANAGE SOLUTIONS : All requests for canceling any service / services must be made in writing with at least 30 days notice but not more than 60 days prior written notice and mail windowspace@mail.com. Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 9AM to 5PM Monday – Friday. ALSO WE TAKE $150 TERMINATION FEES.
UPTIME GUARANTEE:
WEB HOSTING PLANS: All Packages Include 99% uptime guarantee. But Guarantee credit does not cover server hardware failures, Scheduled downtime, A Network Outages.
SERVER HARDWARE FOR DEDICATED SERVERS: Hardware replacement will occur within 8 hours of the reported problem, Windowspace Web Building Systems will refund 5% of the monthly fee per additional 8 hours of down time (up to 100% of customer’s monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an hardware violation credit, you must email sales, within 10 days of reported violation, at: windowspace@mail.com. violations will be reviewed by our personnel Monday – Friday 9AM to 5PM . *Hardware violations do not cover network violation*
Windowspace Web Building Systems not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. Windowspace Web Building Systems shall not be liable for loss of data under any circumstance.
ACCEPTABLE USE POLICY:
All services provided by may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Windowspace Web Building Systems and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Windowspace Web Building Systems servers This includes sites that include sexually explicit or hardcore images and/or advertising. We do not have a problem with sites of an adult nature, but we do not allow pornographic sites. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. Windowspace Web Building Systems reserves the right to determine what is and what isn’t acceptable for our servers. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury. Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Wares and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software. Audio and video downloads will not be hosted on our servers. There are no exceptions. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
SECURITY:
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. SERVER RESOURCES:*
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Windowspace Web Building Systems shall be the sole arbiter of what is considered to be a high server usage level.
SERVER ABUSE:
Any attempts to undermine or cause harm to a Windowspace Web Building Systems server or customer are strictly prohibited. MULTIMEDIA FILES:*
Multimedia files are defined as any graphics, audio, and video files. Windowspace Web Building Systems shared web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files. LIMITATION OF LIABILITY:
Windowspace Web Building Systems shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers going Windowspace Web Building Systems off-line or being unavailable for any reason whatsoever. Furthermore, \ Windowspace Web Building Systems shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Windowspace Web Building Systems servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to abuse windowspace@mail.com. All complaints will be investigated promptly.

Customer hereby grants to Windowspace Web Building Systems a non-exclusive, royalty-free, worldwide right and license during the Term to do the following to the extent necessary in the performance of Services under the Order : (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and (b) we will not responsible any loss archival or back-up copies of the Customer Content and the Customer Web site.

BULK EMAIL AND COMMERCIAL ADVERTISING:
Windowspace Web Building Systems may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a fee of THREE THOUSAND RUPEES (Rs.3000.00) for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.
RESOURCE USAGE:
Resources usage policy applies to any shared hosting and reseller hosting customer. User may not:
– Use 10% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
– Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
– Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
– Run any software that interfaces with an IRC (Internet Relay Chat) network.
– Run any bit torrent application, tracker, or client.
– Participate in any file-sharing/peer-to-peer activities.
– Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
– Run cron entries with intervals of less than 15 minutes.
– Send more than 100 emails per hour per package.
You may create your own backup of your account from your control panel however these may only be stored for up to 4 days. Please download archives to a local source and remove them from your account.

BILLING TERMS:
You agree to supply appropriate payment for the services received from Windowspace Web Building Systems, in advance of the time period during which such services are provided and you agree to pay Windowspace Web Building Systems for products and services without deduction, or delay for any reason. You agree that until and unless you notify LKWebHosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Failure to pay any invoice may place the account into default, and could lead to suspension of all services until the account is paid and current. You will be responsible for reimbursing Windowspace Web Building Systems for all costs (including reasonable attorney fees) associated with collecting delinquent or dishonored payments. Accounts not paid in full within three (3) days of the invoice due date may be overdue and a late fee of TWO HUNDRED RUPEES (Rs.200) may be applied for each service in the overdue invoice. Accounts not paid in full within three (3) days of the invoice due date may be suspended. Accounts not paid in full within seven (7) days of the invoice due date may be terminated and any past due invoices turned over to our collections service with an additional collections fee of ONE THOUSAND FIVE HUNDRED RUPEES (Rs.1500) will be applied in addition to any past due balance and/or late fees.

DISCLAIMER:
Windowspace Web Building Systems cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Windowspace Web Building Systems are resold. Thus, certain equipment, routing, software, and programming used by Windowspace Web Building Systems are not directly owned or written by Windowspace Web Building Systems Moreover, Windowspace Web Building Systems holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Windowspace Web Building Systems sees fit. FURTHERMORE, Windowspace Web Building Systems retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
RETURN/REFUND POLICY:
Windowspace Web Building Systems processes all refunds on or by the next business day after the hosting account has been canceled. It is then up to your financial institution to process the refund and return it to you. It can take up to 10 business days for the refund to show in your account. If it has been more than 10 business days and you still have not received your refund, please contact your financial institution as they may have the funds on hold for you.

Windowspace Web Building Systems is required to send all refunds to the financial account the funds were charged from. In the event that you have closed a credit card or other financial account, we are still required to make an attempt to refund that account. When the financial institution receives the funds, it will be up to them to decide what to do with the funds. Generally, they will do one of the following:

1) If you still have an account with them, but have a new credit card number, they will forward the refund to your open account.
2) They will place a hold on the funds and wait for you to contact them about processing the refund.
3) They will reject the refund and return the funds to Windowspace Web Building Systems, at which point we will issue a refund by check.