Webexa Hosting Terms of Service

The following terms are in place to ensure the integrity of all services provided by Internet Financial Transactions Pty Ltd and are vital to the quality of service Webexa offers each account holder that shares the Webexa Network. By requesting an account from Webexa you have stated that you agree to act as a responsible account holder that understands and agrees to each of the terms listed below.

Indemnification Upon requesting an account from Webexa the subscriber, and subscribers agents, agree to indemnify and hold Webexa, its officers, directors, employees, agents, distributors, affiliates, and all other persons or entities acting in any capacity on Webexa's behalf harmless from any claims, losses, or damages, including legal fees, from any claims or liabilities arising from the use of the service which damages the subscriber, its agents, or any other party.

Illegal Content All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law, as well as the participation or promotion of violence, racism, or other defamatory content of any kind are prohibited.

Adult-Only Content and Pornography Child Pornography of any kind is prohibited on all servers and will be reported to the authorities if found. If you are unsure whether or not your site falls into this category feel free to contact us with a description and link for review. Webexa reserves the right to determine what violates this policy.

Scripts You are free to use any scripts you wish provided they do not affect the normal operations of the server. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Webexa reserves the right to disable the account pending client cooperation and resolution.

The following message forums are NOT allowed on our servers:

Ultimate BBS (all versions)
Ikonboard (all versions)
Yet Another Bulletin Board (YaBB)

CGI CGI should be run from within your cgi-bin at all times. Webexa does allow an override for scripts that are not able to run from within the cgi-bin however Webexa reserves the right to disable any account, that is not running their CGI scripts from within the cgi-bin, if normal operations are being affected.

Chat Chat Servers of any kind are strictly prohibited. Chat scripts, especially CGI and/or PHP scripts, have proven to be disruptive on community servers and can hinder the performance of normal delivery for other Site Owners. For this reason chat scripts/clients, that are not Java Based or hosted by a third party provider, are also not permitted on the Webexa Servers.

SSI All SSI calls should be made from files that are in accordance with established naming conventions. This means all SSI calls should originate from files that are named with the .shtml or .shtm file extensions. (FileName.shtml or FileName.shtm). Webexa reserves the right to disable any SSI that is not being called from a file with the .shtml or .shtm extension.

Mailing Lists Webexa has allocated special servers and tools to ensure proper delivery of mailing lists and normal email. It is important that you use these tools accordingly. All full packages include access to the pre-installed Mailman Mailing List Software. Large mailing lists, (those exceeding 500 subscribers) sent using the Webexa Services, must be sent using the mailing list tools that have been pre-installed for this purpose. If your mailing list exceeds 1,500 addresses you should contact Webexa requesting permission to send the mailing through the Webexa servers prior to sending any messages. Sending a large mailing through mailing list software other than Webexa's pre-installed software can adversely affect the flow of email. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.

Unauthorized Daemons An Unauthorized Daemon is any process that continuously runs in the background that is not started or operated by Webexa. Any account found to be operating any programs and/or daemons that open listening sockets, whether TCP, UDP, or Unix are expressly forbidden and will be terminated at Webexa's discretion.

Only daemons that have the express written permission of Webexa are permitted to operate on the Webexa servers, however Webexa reserves the right to periodically terminate them for server memory reclamation purposes. This reclamation period is generally every 24 hours but varies depending upon the current operating status of the servers. If any Webexa approved daemons start to exhibit operating problems, Webexa reserves the right to terminate the daemon immediately and restrict its ability to restart. Once a daemon is restricted the client would need to obtain permission once again to restart the daemon.

BOTS Webexa does not allow bots of any kind to be operated on the Webexa servers. This includes IRC servers, IRC bots, proxies, anonymizers, and web transversal spiders.

Pirating You may not use any part of the Webexa Network and/or Services to transfer illegal, copyrighted, trademarked, patented, or trade secret material without the prior permission of the author or owner. This includes pirating software (warez), cracks and/or registration codes, in addition to offering links, directories, and redirections, to other sites that do so. If Webexa finds that this is occurring on your account it will be viewed as grounds for immediate termination.

Malicious Hacking, Cracking, and Scanning et al Accessing content, services, computers, accounts, or networks belonging to Webexa, or another party, illegally and/or without authorization, or attempting to penetrate security measures of Webexa or other parties (often known as "cracking") is prohibited and will result in immediate account termination.

Absolutely no cracking and/or scanning tools, source code, scripts, binaries and/or hacking/cracking type of activity, content, tools, or anything of a related nature, that might be used as a precursor to an attempted system penetration (i.e. port or stealth scans, or other information gathering tools/activity), is permitted on any of the Webexa servers and/or Network.

Accounts initiating any activity or containing code/scripts/binaries etc that appear to be for the purpose of violating or disrupting the services and/or content of others will be terminated immediately without notice and without refund. Webexa may also report any activity of this nature to the proper authorities as well as providing any information Webexa may have to assist the authorities in contacting the party responsible for storing, using, or otherwise assisting with this type of activity, or the storage of these types of tools.

Spam - Advertising, Solicitation and Name Harvesting Webexa is proud to have a strict "NO-Spam" policy. Sending spam is a direct violation of Webexa's Terms of Service and is cause for immediate termination without refund.

Webexa considers spam to be any unsolicited email, often of a commercial nature, sent indiscriminately to mailing lists, individuals, or newsgroups among other mediums. Any account found to be associated with the delivery of spam will be immediately terminated without warning and without refund. Webexa reserves the right to refuse or cancel service to known spammers.

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is prohibited.

You may not use Webexa to send unsolicited advertising, promotional material, or other forms of solicitation to any other Webexa Subscribers, except in those specified areas that are designated for such a purpose, unless you receive the express permission of the Subscriber. You may not use Webexa to collect or harvest email addresses of other Subscribers without the express prior permission of the Subscriber. Any such violation will result in immediate termination of services without refund.

Mailing lists and mass outgoing email is acceptable and many times profitable however, Webexa requires that you send such messages only to those who have explicitly requested to receive them. Lastly, Webexa reserves the right to determine what violates this policy.

Public Distribution At times, many site owners enjoy giving away the services they purchase from Webexa. Webexa also enjoys helping others as that is the true spirit of the Internet. After all, it's free information that makes this medium so great. Unfortunately not everything is free. As such, if you choose to give away and/or sell any service provided by Webexa, within or in addition to your account, Webexa does reserve the right to contact you and request/demand it stop if the resources being used are above and beyond the reasonable usage of an account on a community server.

Webexa has agreed to host/service you and your account(s) only. It is best, if you are distributing images, to have the visitor download the image and store it on their own server. The same applies to any files and scripts that may be stored within your account. All users permitted access to the services provided by Webexa, via your account, are also bound by the Webexa Terms of Service. If these users violate the Webexa Terms of Service your account would be placed in jeopardy and at risk of termination.

Excessive Resource Usage and/or Abuse Each account is given a clearly defined amount of resources including disk space and bandwidth. Depending on the severity of the violation, when an account uses more resources than has been allocated the account will be charged accordingly for the extra usage. If the resource abuse is excessive, Webexa reserves the right to deactivate the account pending client cooperation and resolution.

Any account that affects the normal operation of any of the services provided by Webexa including, but not limited to, administrative tasks, technical support, MySQL Services, server access, network speed, content or email delivery, may be deactivated without notice in an effort to restore normal operations.

In the event of account deactivation, Webexa remains the final authority in determining whether or not the account will be reactivated. The severity of the violation, as well as the account holder's cooperation and ability to prevent future violations, will be considered by Webexa when determining whether or not the account will be reactivated.

Listed Packages and Pricing Webexa's listed packages and/or pricing may change at any time. If you have chosen to pre-pay for your account, the cost of the service already paid for will not be affected by any price changes whether they are raised or lowered.

Refusal of Service Webexa reserves the right to refuse or cancel service at its sole discretion. Failure to follow any terms or conditions established by Webexa may result in immediate termination without refund.

Payment Policies, Fees, Refunds

Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary following the prorated date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime.

We do give refunds for full months unused, should you want to cancel prepaid service. If you decide to cancel after prepayment, you will not receive a refund for the current month in use (We do not give partial months refunds). If you have prepaid and received a multi-month discount, upon cancellation we will figure the refund retroactively withdrawing the discount back to the start date of the contract. This will result in paying full-undiscounted price for the months used and refunding the balance. This only applies to cancellation by the client. If Webexa does cancellation due to restrictions violation, there will be no refund. Webexa will only allow for the discount if cancellation is not the fault of the client, as determined by Webexa.

Account Cancellation

We are sorry to see you go. If there is anything we can to do to keep you as a customer, please let us know. To cancel your account, please send an email to sales@Webexa.com and provide us with the following information below. We need to verify your account information and the reason for your cancellation so we can improve our services. Phone requests will not constitute acceptance of any cancellation.

Your domain name:
Server name:
Username:
Password:
Reason of cancellation:

If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.