Important Legal Agreements
Customers hold complete freedom to express themselves on their websites. Although your intellectual and artistic freedom is respected, Webairy still reserves the right to remove content from our servers for any of the following reasons:
We do not allow any illegal activity including, but not limited to child pornography websites, links to child pornography websites, animal abuse websites, spamming, slanderous, abusive, racist or terrorist content, illegal software/warez download sites (linking is allowed, hosting the files is strictly prohibited.), illegal game servers, and illegal bulk email services.
We do not allow any conduct that violates regulations, or normally accepted practices within the Internet community, whether or not expressly mentioned in this policy. We reserve the right at any time to refuse or cancel service without warning or refund should any of these terms be violated. Use of our services is at the customer’s sole risk, we make no warranties. We reserve the right at any time to disallow activities that might in any way damage Webairy’s reputation, network and or servers whether caused intentionally or unintentionally.
The Service
Webairy’s services include but are not limited to the following: Virtual Private Servers, Dedicated Server, Domain and Web Hosting. Webairy does not place banners on customer’s websites although customers may choose to do so in accordance with all regulations set out by Webairy, the province, and the country. Webairy will not charge additional fees for the aforementioned services unless customer chooses to use optional services that are subject to a fee. The customer is, however, entirely responsible for:
Presenting available payment upon due date for any of Webairy’s paid services; if the account(s) has an outstanding balance, WebAiry reserves the right to suspend all services associated with member / member credit card number until the amount is paid in full.
Providing all necessary equipment and software to establish a connection to the World Wide Web and use the services offered by WebAiry, including but not limited to a computer and modem;
Providing own access to the World Wide Web and paying for all fees associated with such access.
Customer Information
To be able to use the Service, customer must complete a proper registration process. The customer agrees to:
- Provide current, complete and accurate personal information (referred to as the Registration Data) as requested by the Service;
- Maintain and update this information to keep it current, complete, and accurate.
- Webairy does not sell or disclose any Registration Data to a third party unless:
- Customer voluntarily discloses such information to another party;
- Customer expressly directs Webairy to release such information;
- Webairy is required to disclose such information by any applicable law or legal process served on Webairy.com.
- Information is publically available (Such as WHOIS DATA)
Advertisements
Customers may choose to display advertising banners on their website, provided that the advertisements are not of illegal, or discriminatory nature. Customers may also enter into correspondence with or participate in promotions of the advertisers whose banners are displayed on their own or other customer’s websites. Any such correspondence or participation, including the payment and delivery of products and services and any other terms, conditions, warranties or representations associated with such correspondence or participation, are solely between the corresponding customer and the advertiser.
Webairy assumes no liability, obligation or responsibility for any part of any such correspondence or participation.
Limitations
The Service is subject to the following limitations:
- Customer agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate or unreasonable amount of the resources of the Webairy servers;
- Customer shall not include content or Internet links to content on the site that may contain, promote, or involve the following:
- The Customer agrees not to initiate or be involved with any of the following on any of Webairy’s shared, reseller, VPS or dedicated servers:
- Any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
- Illegal software / Warez file hosting;
- Content that exploits children less than 18 years of age;
- Hate and/or terrorist propaganda;
- Racist, threatening, or otherwise abusive content;
- Content promoted through the sending of unsolicited e-mail (also known as spamming);
- Sending of unsolicited e-mail (SPAM) from Webairy servers, or any other server that refers to content on the Webairy server, or sending such e-mail with a Webairy hosted website listed as the contact address;
- Mail fraud, multilevel marketing (pyramid) schemes or other fraudulent activities;
- The promotion or incitement of, or instruction for, the commission of illegal activities;
- Information or other material that contains a virus, corrupted data or other harmful or damaging component.
- Illegal Internet gaming sites / file sharing servers.
- Illegal bulk email services.
- Customers will be aware that the following is prohibited for dedicated servers.
- Examples of unacceptable content include, but are not limited to:
- Copyrighted media, without authority to distribute or display
- Unlicensed applications
- Cracking programs or key generators
- Child pornography or kidnapping material
- Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
- Terrorist propaganda, racist material, or bomb/weapon instructions
- Virus/Virii, Spyware, Malware, or other infectious material
- Material protected by trade secret or other statute
- Additionally, Webairy prohibits:
- IRC and associated programs (including psybnc, “bots”, etc…)
- Scripts commonly used for abuse, attacks, or flooding
- Threatening, harrassing, or obscene content
- Any proxies which do not require authentication (including open mail proxies, unprotected anonymous web surfing proxies, etc…)
- Legal adult content is permitted on all Webairy product lines. The viewing/downloading or possession of such information/data by Webairy clientele is not governed by Webairy policy, is at your discretion/free will, and may be governed by your state/federal government.
- Links to unacceptable content, as defined above, are also prohibited.
Online Activity:
Any attempts to undermine or cause harm to the Webairy equipment, network, operations, or clientele are STRICTLY prohibited. Webairy will pursue legal action to the fullest extent for all abuse/violation of such. Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of Webairy, is prohibited.
This includes, but is not limited to:
- Denial of Service Attacks (DOS/DDOS)
- Unnecessary Port Scans
- Mail Bombing
- Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc..
Bulk Email: We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the Webairy network, or spamvertising (unsolicited advertising of) sites hosted on the Webairy network is STRICTLY prohibited.
Legitimate bulk email meets the following criteria:
1) The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)
2) Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.
All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.
If Webairy approaches a client for evidence of confirmation, this request must be honoured within 48 hours. Failure to meet the acceptable criteria for bulk mail may lead to immediate termination.
Additionally, if such actions have caused mail servers or IP address ranges on the Webairy network to be blacklisted, Webairy reserves the right to assess a $100 charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists.
Please make an effort to limit outgoing mail on your account to no more than 2000 pieces per hour. Large mailings are preferred to be sent from the hours of 12 AM – 8 AM EST.
Policy Violations:
Webairy may, at any time, audit systems for any data/activity showing potential policy violations.
Warnings: The Webairy attempts to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any Webairy staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 24 hours of the notice. Failure to do so may lead to suspension. Repeated failure to do so may result in termination or suspension.
If a service is suspended due to outstanding abuse issues, the client will be required to pay a reactivation fee of $50.00 when applicable, to cover any administrative costs associated with the offense/violation, as determined by Webairy as well as remedy the violation.
Note: It is extremely important to ensure that the email address on record with the Webairy Customer Service Dept is valid. This is the address used for abuse notifications and warnings.
Suspension/Deactivation:
If any terms or conditions are failed to be followed, the client risks service suspension or termination. Webairy reserves the right to remove any account, without prior notice. If Webairy deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.
Reactivation/Suspension:
Webairy provides a grace period of 48 hours after the expiry date of your services, services can be recovered within 48 hours otherwise they will be terminated automatically, in case of any service violation there must be some penalty to cover any administrative costs associated with the offence/violation, as determined by Webairy as well as remedy the violation.
Customer Account Security
- A password and an account are provided to the Member upon completion of registration. The customer is entirely responsible for maintaining the confidentiality of the password and account;
- All consequences of voluntary disclosure of password and account information;
- Any activities that occur under the customer’s account.
- All services come with unmanaged support, which means, we will give support for hardware, network, our system related issues only. since services come under unmanaged support, the customer is solely responsible for the security and management of their data, including but not limited to personal information, financial details, bank accounts, and any other sensitive data. WebAiry shall not be held liable for any data breaches, loss, or unauthorized access resulting from the customer’s failure to secure their VPS environment.
- Customer agrees to notify Webairy immediately of any unauthorized use of the customer’s account or any other breach of security known to the customer and Webairy will take action accordingly.
- In case of involving a third party in the communication line between the owner of VPS & Webairy, sharing your VPS Account/credentials/renewal rights (informed/uninformed) with them, webairy would not be liable for any mishap, loss & compromise on Data.
Payments
(a) Recurring Fees
Renewal notices are emailed 7 days before the actual renewal date in your account. If you have a credit card or PayPal Subscription account will automatically be charged on your renewal is due. If your billing method is Paypal(One Time) you will need to manually pay your invoice every month. Service will be made inactive on accounts that are not paid by the 2nd day past due. The term "Account" describes all services provided to a customer as defined by the primary ownership email and physical address. Webairy reserves the right to revoke this grace period if a pattern of late payment is observed. All orders made with a credit card are expected to work on the Monthly, Quarterly, Semi-Annual or Yearly date.
(b) Payment Terms
For your convenience, Webairy offers multiple payment terms. All payments to Webairy are non-refundable after the first 24 hours of service. Before paying a renewal invoice and before your renewal date you may have your payment terms changed at no additional charge. If you wish to cancel a Quarterly, Semi-Annual or Yearly package before its renewal date, your package will be pro-rated to the nearest Monthly billing cycle. In case of late payment subscription date remains as of the date of initial purchase date, not the recent payment date. Any cancellation as the result of a violation of our TOS will be non-refundable.
(c) Credit/Debit card and your Address on File
When an order is placed with a credit/debit card, your card is stored on file and will automatically be charged every month two days before your due date. For security purposes your address on file with us must match the address of your credit/debit card. If this address does not match, our payment gateway will not accept the transaction. If you have a credit card on file and the transaction is declined due to the address this transaction might show up as a pending charge but will not be processed through. If you have a debit card on file and the transaction is declined due to the address your bank will pull the money out of your account but this money will be refunded back to your account by your bank. It is recommended to always store a credit card on file instead of a debit card.
Cancellation
To cancel your service you must log in to your client area, and cancel your VPS under products and services where applicable. That request is considered final however reversal can be requested by emailing Webairy or contacting us through WhatsApp. Reversal is not guaranteed. We reserve the right to cancel any account at any time. Accounts in violation of the TOS will be suspended and all data removed without warning. We take the security of our customers very seriously. Customers may cancel at any time.
Refunds & Chargebacks
We give you an unconditional 24-hour money-back guarantee on VPS hosting from the time of purchase. We will not refund past the 24-hour period however, you can cancel at any time. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
All refunds will be processed within 5 days of the request. Once it is refunded, the account will be terminated. Cancellation must be submitted VIA the secure client area.
We do not give refunds to orders where a discount code/voucher has been applied.
Refunds can not be made for the servers (VPS) that are sold as campaign or discounted.
Customers seeking to resolve billing errors are asked to open a billing ticket at the client panel. The Customer agrees not to charge back any credit card payments for services rendered. A chargeback of payment for services rendered will result in an account fee of $20 and will be subject to collection by an authorized collection agency.
Refund Policy
Webairy guarantees the provision of services in full by the selected tariff plan. The customer is solely responsible for the purchase, VPS services are not refundable because we have a strict policy that once the VPS IP address is assigned to the customer we will never share the same VPS IP with any other customer to maintain the customer's privacy.
Moreover, in a few cases we do refund within 24 hours but we require some additional checkpoints to be performed on VPS before committing the refund to the customer. After 24 hours we will not issue any refund.
Dedicated/VPS Resource Policy
Bandwidth:
Overage fees will apply to any service utilizing more than its assigned bandwidth allocation, except for those services advertised/sold as “UNMETERED”. Overages will be calculated based on overall amount of GigaBytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS will be calculated via the industry standard 95% method unless specified in contract otherwise. MRTG or other bandwidth reporting is available upon request for all services. The client is responsible for all usage, and any corresponding overage fees, that result from a service that may be hacked and/or flooding. Webairy may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation.
Port Usage:
Basic Dedicated & Co-Located servers are installed on 100MBPS unthrottled ports unless the service is sold as a specified port size (ie…100MBPS UNMETERED) or specified/requested as a capped port. Webairy reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources and to prevent any large billing anomalies. This will generally not include short spikes in usage but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client’s data transfer rate affects other Webairy clientele, Webairy reserves the right to throttle and/or disconnect the service causing such a problem.
Filtering :
Webairy reserves the right to block/filter or throttle ports and/or ip address ranges, at its discretion. This may include, for example, blocking Port 6667 (IRC), denying access from a known-spamming IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, Donkey, etc…). This may also include giving priority to certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.
IP Addressing:
a) If the service includes the allocation of an IP address the customer has no claim to a specific IP address. We reserve the right to change the customer’s allocated IP address when critically needed
b) Customers accept that we do not directly control the geographic location of any IP addresses. Although we make every effort to submit corrections to major geo-IP databases we provide absolutely no guarantees regarding the perceived geo-IP location of an IP address by third parties
c) Requests for an IP address change due to incorrect geo-IP location must be made within 24 hours of the service welcome email being sent – requests received after this period will be rejected unless it can be specified exactly by the customer which geo-IP database is reflecting the incorrect location along with a URL to the out of date geo-IP database
Backups and Data Loss :
Your use of this service is at your sole risk. This service is provided to you as a courtesy. Webairy is not responsible for files and/or 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 Webairy servers.
Amendments :
Customer agrees to be bound by any amendments or modifications to this agreement that are set out, from time to time, by Webairy anywhere on this site.
Modifications :
Webairy reserves all rights to modify or discontinue the service with or without notice to the customer. Webairy shall not be liable to the customer or any third party should Webairy exercise its right to modify or discontinue the service.
No Representations or Warranties :
The service offered by Webairy is on an “as is” basis, with no representations or warranties of any kind, expressed or implied. For greater certainty and without limitation to the generality of the following:
Webairy makes no representations, warranties or guarantees of any kind, whether written or verbal, regarding the reliability of the site provided or any other services offered;
Webairy is not responsible for deleted, altered, or lost data due to network or system outages, file corruption, accidental deletion, or any other reasons;
Webairy makes no representations, warranties, or guarantees with regard to server reliability, speed or consistency;
Webairy makes no representations, warranties or guarantees as to the accuracy or correctness of any content on any of the Sites and is not responsible for any errors or omissions arising from the use of such information;
Webairy may also include, on its web resources or in newsletters, information provided by 3rd party partners and providers. Webairy does not guarantee or warrant the reliability of this information nor does Webairy recommend any of these services.
Limitations of Liability
You agree that neither the primary service provider nor the backend service provider will be liable for any:
(a) Suspension or loss of the services, except to the limited extent that a remedy is provided under this agreement.
(b) Interruption of business.
(c) Success delays or access interruptions to the websites provided through or by the services.
(d) Loss or liability resulting from acts of god.
(e) Data non-delivery, misdelivery, corruption, destruction, or other modification.
(f) Events beyond the control of the primary service provider or backend service provider.
(g) The processing of your application for the services.
(h) Loss or liability resulting from the unauthorized use or misuse of your account identifier or password. you further agree that neither the primary service provider nor the backend service provider will be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, regardless of whether or not either the primary service provider or backend service provider have been advised of the possibility of such damages. in no event shall the maximum aggregate liability of either the primary service provider or the backend service provider exceed the total amount paid by you for the services for one month, but in no event greater than one hundred dollars ($100.00). because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, the liability of the primary service provider and/or backend service provider shall be limited to the maximum extent permitted by law.
Indemnity
You agree to release, indemnify, and hold the primary service provider and backend service provider, their contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to your use of the services or arising under this agreement, including without limitation, infringement by you or someone else using your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any term or condition of this agreement. when either the primary service provider and/or backend service provider may be involved in a suit involving a third party which is related to the services under this agreement, either the primary service provider and/or backend service provider may seek written assurances from you in which you promise to indemnify and hold such parties harmless from the costs and liabilities described in this paragraph. such written assurances may include the posting of performance bonds or other guarantees. your failure to provide such assurances may be considered a breach of this agreement by you.
Termination
- Customer agrees that Webairy may terminate this agreement, discontinue the service and delete the site at any time with or without notice to the customer in any of the following circumstances:
- Customer violates any term of this agreement, any municipal, provincial or federal laws, or any policy set out, from time to time, by Webairy anywhere on this site https://www.Webairy.com
- Customer engages in conduct or posts material on the site that Webairy believes is harmful to other customers, the business of Webairy or any third party;
- Customer engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the Webairy servers;
- Customer disputes the terms of this agreement or any amendment set out by Webairy;
- Webairy receives complaints regarding customers or the site, from other customers or third parties.
- Customer provides personal information that is not current, accurate, and complete.
- Should we cancel your account for a reason not stated above; a refund will be issued at our discretion.
Abusive Clientele:
Webairy may at it’s discretion suspend or terminate service of any client that is abusive/harassing to Webairy and/or Webairy employees. Examples of such activity include, but are not limited to;
- Verbal abuse – cursing, yelling, threatening, etc…
- Ongoing disregard for warnings or notices
- Consistent mistakes/errors/changes causing unnecessary workload
- Spamming Webairy email addresses, ticket systems, or servers
- Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage
- Consistent late payments or responses
- Issuing a chargeback/Dispute or bouncing a payment
- Continuous activation of problematic end-users
- Activity which affects the service(s) of other Webairy clientele
Price Changes
Webairy reserves the right to change/modify the recurring price for services at any time under circumstances such as making improvements to Webairy that will benefit Webairy and Clientele.
Changes to the TOS
We reserve the right to revise its policies at any time without notice although we will attempt to inform our customers should changes occur.
By agreeing with the TOS, you agree to have read, understood and agreed with the other legal documents listed on our website.
