Web Net Solution ("The Company" or "WNS") - Webhosting
Services agrees to furnish services to the Subscriber,
subject to the following TOS (Terms of Service)
- Updated 2009.
Use of WNS Service (WNS Webhosting Company) constitutes
acceptance and agreement to WNS's AUP
as well as WNS's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms
of Service) of WNS and AUP (Acceptable
Use Policy). The AUP may be
changed from time to time at the discretion of the Company.
Subscriber understands that change to the AUP by the Company
shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance
with the laws of WNS Server Provider.
Note: Pornography and sex-related merchandising are prohibited
on any Web Net Solution server EXCEPT those on servers that
have clearly stated that such content is allowed upon signing
up. This includes sites that may infur sexual content, or
links to adult content elsewhere. This is also true for
sites that promote any illegal activity or content that
may be damaging to Web Net Solution servers or any other
server on the internet. Links to such materials are also
prohibited. All IRC related activities are strictly prohibited
and can be cause for immediate account termination!
Disclosure to Law Enforcement:
The AUP specifically
prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees that
the Company may disclose any and all subscriber
information including assigned IP numbers,
account history, account use, etc. to any
law enforcement agent who makes a written
request without further consent or notification
to the Subscriber. In addition WNS shall have
the right to terminate all service set forth
in this Agreement.
Service Rates: Subscriber
acknowledges that the nature of the service
furnished and the initial rates and charges
have been communicated to Subscriber. Subscriber
is aware that the Company may prospectively
change the specified rates and charges from
time to time. The promotional offer is contingent
upon Company achieving and maintaining its
cost of service goals including but not limited
to rates charged to company by its suppliers.
of this service is dependent upon receipt
by the Company of payment of stated charges.
Subsequent payments are due on the anniversary
date of the month for that month's service.
The above applies to all accounts and services
provided by WNS.
Payments and Fees:
Service will be interrupted/suspended on accounts
that reach on the due date. If payment
is not received within 15 days of suspension
your account will incurr a reactivation charge
of RM30.00.Accounts overdue by 30
days or more will be cancelled and all
files removed from our servers. Accounts
that are not collectable by WNS may be turned
over to an outside collection agency for collection.
If your account is turned over for collection,
you agree to pay the company a "Processing
and Collection" Fee of not less than RM30.00
not more than RM500.00. If you desire
to cancel your account, please follow the
proper procedure to do this as outlined in
Refund and Disputes: We do not offer any refund on any method of payment and in all cases. Accounts that are either cancelled,
deactivated, and/or have services suspended
for violation of our terms
of services and acceptable
use policy will not receive any refunds.
* No refunds are given on monthly accounts either.
Failure to Pay: The
Company may temporarily deny service or terminate
this Agreement upon the failure of Subscriber
to pay charges when due. Such termination
or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus
reasonable interest and any collection fees.
Request for termination of user accounts can
be made through our contact
form or thru our Customer
Support Portal - Helpdesk and Email
to any of our staff member. Termination requests
received will take effect immediately, that
means you're not required to pay for web hosting
plan fee for that month, if termination
request is received after the fee charged
in that month, which is not refundable,
that means starting from following month you'll
not be charged for web hosting fee. Subscription
fees for additional services such as added
space and bandwidth transfer will be charged
for the entire month regardless of whether
the request for their termination is received
prior to the effecting of the said services.
Server Uptime Guarantees:
WNS guarantees that the servers will be available
99.8% of the time in a given month excluding
scheduled network maintenance. If service
availability falls below the minimum acceptable
levels as defined by this TOS, clients are
eligible for a credit to their account. The
amount credited to the client's account is
dependent on how far below the minimum acceptable
standard the availability was for the given
month. For every hour that the services are
unavailable below the minimum standard, WNS
will credit the equivalent of 1 day worth
of service fees to the client's account. The
maximum credit is 7 days worth of service
Note: As we are only a hosting provider
where our main function is providing hosting
(Web, Email, Application, etc.), therefore
the uptime for our network are excluded.
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
New Domains: Payment
made for domain registration will not be
refundable in all cases, including those
that involve mistakes committed by any persons,
WNS staff or not, at any stage of the domain
registration process. A confirmation e-mail
will be sent to registrants within 24-48 hours
of the submission of the domain name purchase
Transfer of Domains:
New webhosting accounts which involve the
transfer of a domain from another provider
to WNS will require a minimum of seven (7)
days to be set up and entered into our WNS
servers. In some cases, such transfers may
take up to sixty (60) days. Due to the unpredictable
nature of the transfer process, no guarantees
are made regarding the amount of time a specific
transfer may take.
WNS provides 24 x 7 technical support via
Helpdesk and E-mail from Monday to Sunday
to our subscribers (CUSTOMERS). We do not
offer technical support on public holidays
and short company meetings. We limit our technical
support to our area of expertise. The following
is our guidelines when providing support:
WNS provides support related to your services
or virtual site physical functioning.
* WNS DOES NOT offer tech support
for application specific issues such as cgi
programming, troubleshoot code (html, php,
perl etc), support third party programs (MySQL,
Auto-installer scripts - Fantastico etc),
using FTP (third party program) or any other
* WNS DOES NOT provide technical
support for the customers of resellers
in any way. It is the resellers responsiblity
to support their own customers.
SPAM and Unsolicited Commercial
Email (UCE): WNS takes a zero tolerance
approach to the sending of Unsolicited Commercial
Email (UCE) or SPAM over our network. Very
simply this means that customers of WNS may
not use or permit others to use our network
to transact in UCE. Customers of WNS may not
host, or permit hosting of, sites or information
that is advertised by UCE from other networks.
(If Reseller Package Applicable) Violations
of this policy carry severe penalties, including
termination of service.
Violation of WNS's SPAM
policy will result in severe penalties.
Upon notification of an alleged violation
of our SPAM policy, WNS will initiate
an immediate investigation (within 48
hours of notification). During the investigation,
WNS may restrict customer access to the
network to prevent further violations.
If a customer is found to be in violation
of our SPAM policy, WNS may, at its sole
discretion, restrict, suspend or terminate
customer's account. Further, WNS reserves
the right to pursue civil remedies for
any costs associated with the investigation
of a substantiated policy violation. WNS
will notify law enforcement officials
if the violation is believed to be a criminal
First violations of this
policy will result in an "Administrative
Fee" of RM950.00 and your account
will be reviewed for possible immediate
termination. A second violation will result
in an "Administrative Fee" of RM1900.00
and immediate termination of your account.
Users who violate this policy agree that
in addition to these "Administrative"
penalties, they will pay "Research Fees"
not to exceed RM760.00 per hour
that WNS personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your
BEGINNING IMMEDIATELY, anyone hosting
websites or services on their server that support
spammers or cause any of our IP space to be
listed in any of the various Spam Databases
will have their services immediately disabled.
The services will not be enabled until such
time that you agree to remove ANY and
ALL traces of the offending material
immediately upon reconnection and agree to allow
us access to the account to confirm that all
material has been COMPLETELY removed.
Severe violations may result in immediate and
permanent removal of the account from our network
without notice to the customer. Any account
guilty of a second violation WILL be
immediately and permanently removed from our
network without notice.
IP Address Ownership:
If WNS assigns Customer an Internet Protocol
address for Customer's use, the right
to use that Internet Protocol address
shall belong only to WNS, and Customer
shall have no right to use that Internet
Protocol address except as permitted by
WNS in its sole discretion in connection
with the Services, during the term of
this Agreement. WNS shall maintain and
control ownership of all Internet Protocol
numbers and addresses that may be assigned
to Customer by WNS, and WNS reserves the
right to change or remove any and all
such Internet Protocol numbers and addresses,
in its sole and absolute discretion.
IP Address Usage:
Any customer caught using an IP address
that has not been assigned to them agrees
to pay a RM95.00 fee. The domain
caught using the offending IP address
can be disabled or deleted at the discretion
Bandwidth and Disk
Usage: Customer agrees that bandwidth
and disk usage shall not exceed the number
of megabytes per month for the Services
ordered by Customer on the Order Form
(the "Agreed Usage"). WNS and WNS Server
Provider will monitor Customer's bandwidth
and disk usage. WNS and WNS Server Provider
shall have the right to take corrective
action if Customer's bandwidth or disk
usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional
charges, disconnection or discontinuance
of any and all Services, or termination
of this Agreement, which actions may be
taken is in WNS's sole and absolute discretion.
If WNS takes any corrective action under
this section, Customer shall not be entitled
to a refund of any fees paid in advance
prior to such action. In the event
that a customer exceeds the included allocation,
WNS may, at its sole discretion, collect
a deposit, in an amount determined by
WNS, against customer's credit card on
file with WNS.
System and Network
Security: Users are prohibited from
violating or attempting to violate the
security of the WNS Network. Violations
of system or network security may result
in civil or criminal liability. WNS will
investigate occurrences, which may involve
such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting
Users who are involved in such violations.
These violations include, without limitation:
Accessing data not
intended for such User or logging
into a server or account, which such
User is not authorized to access.
Attempting to probe,
scan or test the vulnerability of
a system or network or to breach security
or authentication measures without
Attempting to interfere
with service to any user, host or
network, including, without limitation,
via means of overloading, "flooding",
"mail bombing" or "crashing".
Forging any TCP/IP
packet header or any part of the header
information in any e-mail or newsgroup
Use of IRC bots
or clonebots on WNSHosting, whether
on IRC servers controlled by WNS or
by other parties. An IRC bot is a
program which runs and is connected
to an IRC server 24 hours a day, automatically
performing certain actions.
Taking any action
in order to obtain services to which
such User is not entitled.
Notification of Violation:
WNS is under no duty
to look at each customer's or user's activities
to determine if a violation of the AUP
has occurred, nor do we assume any responsibility
through our AUP
to monitor or police Internet- related
First violation: Any
User, which WNS determines to have violated
any element of this Acceptable
Use Policy, shall receive an email,
warning them of the violation. The service
may be subject at WNS's discretion to
a temporary suspension pending a User's
agreement in writing, to refrain from
any further violations.
Second Violation: Users
that WNS determines to have committed
a second violation of any element of this
Acceptable Use Policy shall be subject
to immediate suspension or termination
of service without further notice.
Suspension of Service
or Cancellation: WNS reserves the right
to suspend network access to any customer
if in the judgment of the WNS network administrators
the customer's account is the source or target
of the violation of any of the other terms
of the AUP or for any
other reason which WNS chooses. If inappropriate
activity is detected, all accounts of the
Customer in question will be deactivated until
an investigation is complete. Prior notification
to the Customer is not assured. In extreme
cases, law enforcement will be contacted regarding
the activity. The customer will not be credited
for the time the customer's account was suspended.
The customer will also not be credited for
any fees if their account has been terminated.
WNS reserves the right to
amend its policies at any time. Failure to
follow any term or condition will be grounds
for immediate Cancellation. You will be held
responsible for the actions in the matter
described on these Terms and conditions.
wishes to emphasize that in agreeing to the
WNS Acceptable Use Policy
(AUP) and Terms of Service (ToS), customer
indemnifies WNS for any violation of the Acceptable
Use Policy (AUP) and Terms of Service
(ToS) that results in loss to WNS or the bringing
of any claim against WNS by any third-party.
This means that if WNS is sued because of
a customer's or a customer of a customer's
activity, the customer will pay any damages
awarded against WNS, plus all costs and attorney's
Backup: All servers
have daily, weekly, and monthly backups
stored on secondary hard disks but it is the
clients responsibility to do all backups
of their site. If, in the unfortunate event,
something happens to your files, it is your
responsibility to have a local copy of your
files. WNS are NOT held liable in any way
for any files, money, time, effort, etc, lost
due to this unfortunate event. Furthermore,
if your files are lost, we will attempt to
restore them as a gesture of good faith, but
make no promises what so ever about whether
the files will be brought back successfully
You must provide us with, and keep current,
good contact information for you. E-mail,
telephone and fax contacts are used, in that
order of preference.
A waiver by the Company
of any breach of any provision of this
Agreement by Subscriber shall not operate
as or be construed as a continuing or
subsequent waiver thereof or as a waiver
of any breach of any other provision thereof.
Subscriber shall not
transfer or assign this Agreement without
the prior written consent of the Company.
Company may assign Agreement at anytime
without consent from or notice to Subscriber.
Company reserves right to cancel customers
rights under this contract at anytime
without further obligation.
WNS takes no responsibility
for any material input by others and not
posted to the WNS Network by WNS. WNS
is not responsible for the content of
any other websites linked to the WNS Network;
links are provided as Internet navigation
tools only. WNS disclaims any responsibility
for any such inappropriate use and any
liability to any person or party for any
other person or party's violation of this
WNS is not responsible
for any damages your business may suffer.
WNS does not make implied or written warranties
for any of our services. WNS denies any
warranty or merchantability for a specific
purpose. This includes loss of data resulting
from delays, non-deliveries, wrong delivery,
and any and all service interruptions
including equipment failure.
Responsibility for Content:
You, as WNS's customer, are solely responsible
for the content stored on and served by your