Rewindd Web Hosting Terms of Service
(Last modified on 07/28/09) - See: Forbidden Content.

By using Rewindd.Net’s Web Hosting services, you signify your agreement to these terms of service. If you do not agree to these terms of service, please do not use Rewindd.Net’s Web Hosting services. Rewindd.Net reserves the right, at its discretion, to add, change, modify, or remove portions of these terms at any time. Please check these terms regularly for changes.

Registering

A product or service must be purchased from Rewindd.Net to allow a user to access the client area. Any product(s) or service(s) that a user registers with, must be paid for within two (2) working days or any orders will be terminated along with the users inactive account.

Services

Subject to the terms of this Agreement, and contingent on clients satisfaction of Rewindd.Net’s credit approval requirements, Rewindd.Net agrees to provide the web hosting services described in the Order for the fees stated in the Order.

Rewindd.Net can not give any guarantee on a setup time of which clients order(s) will be activated. While most orders will be activated within 1-12 hours, Rewindd.Net can not guarantee setup within this time as all orders are processed and activated manually.

Client will be held responsible for all actions performed by their account whether it be done by them or by others. If server security is compromised, the account holder is responsible for all violations of the terms of service. Client is also responsible for disconnect and reconnect fees associated with violations.

Reseller and Master Reseller Clients may not offer free hosting services of any variety.

Dedicated and Virtual Private Servers

We try out best to setup all dedicated and virtual private servers within 48 hours of payment but there is no guarantee.

Our dedicated and virtual private servers are considered unmanaged, unlike our other hosting packages, we do not provide full support for these.

Billing for the servers must be complete by the date the invoice is due or your server/service(s) will be terminated. This is because of the need to renew server and control pannel licenses which we will not do until we recieve full payment.

All terms of service listed under Rewindd.Net's TOS (rewindd.net/tos.php) apply the same to servers as they do to all other forms of our services.

Rewindd Web Hosting requires that whenever the root password of your server changes, you submit a ticket to our support department or email support@rewindd.net with your full name, title and the new password. If the root password is not sent to us when it is changed, we will contact the billing contact and notify them. If new password is not sent to Rewindd Web Hosting within 24 hours of request, we may suspend all services to your account. We hold no responsibility for whom you give the root password to. If anyone else then a staff member at Rewindd.Net contacts you claiming to be Rewindd Web Hosting, Rewindd.Net or a staff member, do not release the password to them. Password change requests may take up to 24 hours to process. Also, If we suspect illegal activity we may ask you for your root login information which you must give us, failure to do so will result in immediate suspension or termination.

--Uptime Guarantee is for the time the server is connected to the internet & connected to power, it does not include the time the server is down for a reboot, hardware upgrades/downgrades, or for downtime caused by software/hardware errors or issues.

Rewindd Web Hosting reserves the right to modify or suspend/terminate any server as we see fit at any time for any reason.

One free and complimentary OS reload will be provided per month for Dedicated and Co-location customers. Additional OS reloads will be charged at the cost of a $50.00 one-off fee.

Publicity

Client agrees that Rewindd.Net may publicly disclose that we are providing services to them and may include clients name and website in promotional materials. Rewindd.Net reserves the right to use clients comments/testimonials for promotional use. If this is undesired, the client may request to opt out of promotional use by contacting Customer Service.

Support

All support to clients is free of charge and can be received via Email or Support Ticket. Reply times may vary depending on clients Support Request urgency and detail.

Forbidden Content

• IRC or IRC egg drops or bots.
• Proxies (Personal proxies allowed on Dedi & VPS for non-fraud use only)
• Mail bombers.
• IP spoofers.
• Port scanners.
• Video & Game hosting/streaming (excluding Flash & Java Games, third party streaming is permitted).
• Adult Material (Pornographic and/or obscene images).
• Illegal distributing and/or advertising of copyrighted material.
• Warez/Nulled Content (No Linking/Hosting).
• Websites designed specifically for downloads.
• PHPizabi scripts.
• YaBB Forums.
• Server Exploit Scripts.
• iProber.
• Image Hosting Websites & Scripts PROHIBITED.
• Vulgar language used to offend a minority, ethnic society, sexual orientation prejudiced, discrimination against a group, sex, ethnic and orientation etc.
• ROMs and Emulators.

If found, clients agreement will be immediately suspended and any content that does not comply to the terms of service will be removed by Rewindd.Net. Rewindd.Net reserves the right to warn the user and immediately suspend access upon discovery of any script that may exploit or contain a threat to our server(s).

Restricted Use of Mail

• Sending unsolicited mail messages, including the sending of ‘junk mail’.
• Harassment, whether through language, frequency or size of messages.
• Unauthorized use, or forging, of mail header information.
• Creating or forwarding of ‘chain mail’.

Scripts

All Scripts, must be updated to the latest released versions as soon as possible. Any insecure, possible threats and/or bugged scripts will be removed from the servers without notice.

Limitations

• Memory usage may not exceed 20% per Domain.
• CPU usage may not exceed 20% per Domain.
• Apache connections may not exceed 25.
• MySQL user connections may not exceed 50.
• 50 IMAP mail connections per IP.
• 50 POP3 mail connections per IP.
• 40 outgoing emails per hour.

The above limitations may vary depending on which server you are hosted on. Please contact us for the exact limitations for each server in the network.

Domains

As required by ICANN, we will release all client information to our domain registar, and it will be automatically set as the Administrative, Billing and Technical information. Client reserves the right to contact support and get this information changed. All information (Admin, Billing, Tech, etc.) on domain profiles must be 100% true as required by ICANN. If we discover false information, we may suspend access to your domain and/or hosting.

Payments

Money Back Guarantee -

Rewindd.Net currently offers a 24 hour money back Guarantee, however, purchases of domains are not refundable. If one is included in your hosting package, the price of the domain will be excluded from the refund amount, and client will have the choice to have it transferred to them or to have us manage the DNS.

Fees -

Fees are payable in advance on the first day of each billing cycle. clients billing cycle shall be Monthly, Quarterly, Semi-Annually or Annually, as indicated on the Order.

Payments must be made in United States Dollars, of Canadian Dollars. Client is responsible for providing the correct amounts.

If using a Paypal E-Cheque payment method, Rewindd.Net may not process orders until the E-Cheque clears, depending on the products/services that have been ordered. If for any reason, the E-Cheque does not clear, services to client will be denied until all invoices have been paid.

Refunds -

Rewindd.Net agrees to provide 100% of payment to client if (1) client is within the 24 hour money back Guarantee period, (2) client did not breach any of Rewindd.Net’s terms of service, and (3) The product or service that was purchased is refundable. Rewindd.Net reserves the right to withhold a refund if client is not eligible to receive one. No refunds are given after 24 hours of account activation have passed and no refunds are given for Domain Names or Dedicated IP Addresses.

Client agrees that any PayPal Dispute case opened regarding refunds, after a refund has been denied by Rewindd.Net is strictly forbidden. If a client opens a Dispute case, Rewindd.Net will notify PayPal of the issue and any payments refunded by PayPal will be withdrawn.

Cancellations

Rewindd.Net requires a five (5) day notice of cancellation prior to the billing date for the upcoming term. A five (5) day notice before the upcoming billing date is also required for any downgrades. All clients data will be destroyed five (5) days after the cancellation date.

Usage & Overages

Client agrees to pay any and all overage charges accrued on their account from the previous month. Overage charges are billed per gigabyte at a rate of $0.50 (fifty cents). Rewindd.Net reserves the right to suspend any account which does not pay any overage charges issued. Rewindd.Net is not responsible for spikes in bandwidth that are caused on a clients server for any reason. Client is liable for all bandwidth to and from their server.

Financial Liability

Client acknowledges that the services provided are of such a nature that services can be interrupted for many reasons other than the negligence of Rewindd.Net, and that damages resulting from any interruption of services are difficult to ascertain. Therefore, client agrees that Rewindd.Net shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Rewindd.Net.

Suspension/Termination

Client agrees that Rewindd.Net may suspend or terminate services purchased by client without notice and without liability if (1) Rewindd.Net reasonably believe that the services are being used in violation of the terms of service, (2) A written Abuse claim is submitted involving client, whether it be towards another client, a member of staff or a third party, Rewindd.Net have zero tolerance for abusive behavior, (3) client is found to of been involved in any illegal activities online and (4) clients invoices remain unpaid after five (5) working day’s of notification. If due payments are not received after five (5) working days, a small fee will be added onto clients invoices ($5.00). If after another two (2) working days Rewindd.Net have still not received payment (including late fee) clients agreement will be terminated.

Client agrees that Rewindd.Net may suspend or terminate services purchased by client, for any of the above reasons or reasons seen fit.

No backups or refunds will be given. Services interrupted for non-payment may be subject to a $50 reactivation fee. Clients deactivated for non-payment or charge-back are subject to their data being destroyed three days from suspension/charge-back date.

Shell Access

Shell access is provided on an as-needed basis. It does not come enabled on accounts by default. A request for this feature must be sent to Technical Support before it can be used. The request must include a domain name, username and explanation of why shell access is required. We reserve the right to refuse this service to any client for any reason.

Requests for Client Information

Client agrees that Rewindd.Net may, without notice to client, (1) report to the appropriate authorities any conduct by client or any of clients customers or end users that Rewindd.Net believe violates applicable law, and (2) provide any information that it has about client or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Fraud

In the event fraud is discovered, fraudulent clients are subject to immediate suspension/termination at the sole discretion of Rewindd.Net. All information available to Rewindd.Net about the fraudulent account(s) will be submitted to both local authorities as well as any financial institutions involved. All fraud orders are investigated and all fraudulent clients will be prosecuted to the fullest extent of the law whether it is within the United States, or overseas.

Backups

Client agrees to maintain a recent copy of all data hosted with Rewindd.Net. Rewindd.Net will take no responsibility for any data loss client, clients customers or end users suffer due to accidental delete or loss. Rewindd.Net is not responsible for data integrity, regardless of circumstance. Rewindd.Net strongly recommends keeping up to date and off network backups to protect against data loss.

Rewindd.Net generates a Bi-Nightly (Monday, Wednesday & Friday) system backup at 12am BST. How ever, they are for administration purposes only. We give no guarantees that they will be available to clients.

Server Changes

Rewindd.Net may change Servers at any time, this may cause downtime and account access may be denied to client, clients customers and end users. If possible, Rewindd.Net agrees to notify client of these changes five (4) days prior to the planned Commencement date.

Failure to Follow Policies

Failure to fully comply with these terms is grounds for account suspension or termination (with or without refund, subject to Rewindd.Net’s discretion). Any accounts contained within Rewindd.Net’s network must adhere to the above policies. We reserve the right to terminate any account without prior notice. If we terminate your account for violating policy, you will forfeit your rights to a refund.

 -These terms apply to you, your customers and end users. If you wish to post them on your own website that you have hosted with us, you may do so. If you, your clients or end users break any term located on this page, Rewindd reserves the right to suspend them, and the owner (Master Reseller, Reseller) if deemed necessary.