Terms & Conditions
1- Jurisdiction and Jurisdictional Disputes, Legal Responsibilities.
The parties expressly recognize that, where Whoinc is acting solely as Customer’s host, Whoinc is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where Whoinc is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold Whoinc harmless, defend Whoinc exhaustively (including all legal cost(s), and challenge the jurisdiction of out of state authorities over Whoinc). Any threat of legal action against Whoinc will result in the immediate account and service termination without refund.
2- Limitation on Company Liability.
Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products (including server interruption) to Customer(s) resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
3- Storage & Backups.
Whoinc shall store Customer’s websites, files, email and databases on their servers. The parties expressly recognize that internet servers and links are susceptible to crashes, downtime, vulnerabilities and that from time to time Whoinc may need to perform maintenance on their services. Customers with unmanaged services are to manage their own backups at their own expense. Whoinc is not responsible for data that customer may have lost due to said crashes, downtime or vulnerabilities. Due to the nature of computer hardware, Whoinc is not liable for any data loss occurred.
Whoinc may temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary to maintain adequate services. However, Whoinc shall provide prior notice within 24 hours for all scheduled maintenance. Emergency maintenance may be carried out at any time, with or without notification. Invalid rDNS records may be removed at our sole discretion. For all customers, efforts must be made to ensure that their service does not get listed, banned or blocked, by any firewalls or blacklists. Whoinc will not be able to provide a replacement IP address for actions caused by customer’s negligence.
4- Bandwidth & Network
Whoinc agrees that it shall maintain a minimum of 1Gbps connections to its servers. However, Whoinc does not guarantee any response rate or download speed beyond our control, as this is depending on Customer’s and End User’s internet connections; Whoinc does NOT guarantee a set internet speed. Whoinc recommends, however, that the customer should take advantage of Whoinc network looking glasses, prior to placing an order with Whoinc. Whoinc does not guarantee that any IP address space will be globally accessible due to factors out of our control.
The parties expressly recognize that it is impossible to maintain flawless security, therefore the customer is solely responsible for properly securing their hosting service provided by Whoinc including changing initial passwords and making any security adjustments and patches over time. The customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds Whoinc harmless for any compromise of Customer’s security that resulted from their own actions, the actions of Whoinc or the actions of any third party.
Invoices for recurring services are generated at least seven days in advance of the due date. Invoices past due by three days incur a late fee of 12% of invoice total or $2 (whichever is greater) unless prior arrangements have been made to the billing department. Overdue services are subject to Suspension and Termination.
7- Copyright & Abuse
Whoinc is not responsible for copyright infringements caused by what the Customer hosted on Whoinc’s servers. Customers are to respond to any abuse, blacklist or DMCA reports within 48 hours or the service may be suspended.
8- Pornographic Material
The legal pornographic material is allowed to be hosted. Hosting child pornography is NOT allowed and any client found to be doing so will be canceled immediately upon discovery and reported to the proper authorities.
9- Suspension and Termination
Whoinc will suspend services after 2 calendar days of non-payment. After 8 calendar days of non-payment, services will be terminated along with all data, IP addresses, and other information. Repeated failure to pay invoices with termination will lead to account termination and the refusal of service. Attempts to defraud Whoinc results in instant account termination.
cPanel / WHM, WHMCS and other licenses purchased through Whoinc may only be used in conjunction with a Whoinc hosting service. Licenses used outside the WHoinc network will be terminated without a refund.
11- Banned Services
All the following services or activities are strictly prohibited at Whoinc:
* IRC servers
* Traffic Exchange, HitLeap, Automated Browsing, Crawlers, iMarcos, AutoSurf etc.
* Pirated Content / Warez / Topsites / Illegal Content
* Email Marketing / Mass Mailing / Email Spamming of any type
* Commercial Audio Streaming (more than two streams)
* Lottery / Gambling Sites / Bank Debentures / Bank Debenture Trading Programs
* MUDs / RPGs / PBBGs
* Fraudulent / Phishing / Replica Sites
* Public Proxies / Public VPNs / TOR Exit Nodes / Anonymizers
* Video Encoding / Streaming (including but not limited to FFMPEG)
* TeamSpeak / Mumble
* Public Game Servers (including but not limited to Minecraft)
* Virtual Currency Mining (including but not limited to bitcoin)
* zPanel / Sentora / Kloxo Panel
* DDoS-prone applications or booters / flood scripts / IP spoofing software
* IP Scanners / Port Scanning or Bruteforce Programs without consent
* Open DNS resolvers or recursors
* QEMU / Wine / Windows / nested virtualization and related (OpenVZ VPS only)
* Cracking tools / illegal software key generators
* Programs that cause hardware resource / network abuse
12- Email Communication
All customers are subscribed to our email newsletters upon signing up. The customer may opt-out from the client area or by clicking the unsubscribe link embedded in each newsletter. Transactional, service-related, account-related, operational and notification emails will be sent regardless of the subscription status.
Failure by either Company (Whoinc) or Customer to enforce any of the provisions of this Agreement or any rights with hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Founded in 2013, Whoinc has grown to become one of the largest web hosting providers in the US, serving over 10,000 customers and hosting in excess of 12,000 websites across our network.