Web Hosting Terms of Service

The use of web hosting services from wells-it.com or wells-it.net [hereafter referred to as "Wells IT Solutions"] constitutes agreement to these terms.

  1. Account Setup / Email on File
    We will setup your account after we have received payment. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.
  2. Content
    All services provided by Wells IT Solutions may only be used for lawful purposes. The laws of the State of Indiana and the United States of America apply.

    The customer agrees to hold harmless Wells IT Solutions from any claims resulting from the use of our services.

    Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

    Examples of unacceptable material include:
    IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities

    We reserve the right to refuse service to anyone. Any material that in our judgment that is obscene or threatening is prohibited and will be removed from our servers with or without notice.

    Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services.

    If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.

    Potential harm to minors is strictly forbidden, including but not limited to pornography or content perceived to be pornography (Lolita):

    Any site found to host pornography or linking to pornography will be suspended immediately without notice.

    Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

    Direct customers: Your services will be terminated with or without notice.

    Violations will be reported to the appropriate law enforcement agency.
  3. Zero Tolerance Spam Policy
    We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

    Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups.

    Wells IT Solutions reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

    Wells IT Solutions reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Wells IT Solutions.

    Mailing Lists Rules
    1. Anytime you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you're using does not allow you to throttle you must switch to something else. We recommend PHPlist which can be found in your control panel under Fantastico. If you do not throttle and you try sending let's say 500 emails the server will try sending all 500 in 1 second which is not possible. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server.
    2. Any mailing list over 900 emails is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1am - 8 am central time M-F.
    3. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you personally sending them mail. We do not care and how you justify it this is spam and will result in termination of the offending account.
    4. Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail.
    5. Any mailing list MUST comply with all guidelines set forth by the United States.

    These can be found at: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm
  4. Payment Information
    You agree to supply appropriate payment for the services received from Wells IT Solutions, in advance of the time period during which such services are provided. You agree that until and unless you notify Wells IT Solutions of your desire to cancel any or all services received, those services will be billed on a recurring basis.

    Wells IT Solutions reserves the right to change the monthly payment amount and any other charges at anytime.
  5. Backups and Data Loss
    Your use of the service is at your sole risk. Wells IT Solutions 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 backup of files and data stored on Wells IT Solutions servers.  Currently, backups are made daily, but that may change with or without notice.
  6. Cancellations and Refunds
    Wells IT Solutions reserves the right to cancel the account at any time with or without notice.

    Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

    Wells IT Solutions gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solution's. There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests after 30 days will be refunded on a prorated basis of any unused 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.

    Violations of the Terms of Service will waive the refund policy.
  7. Resource Usage
    User may not:
    1. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
    2. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
    3. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
    4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
    5. Run any bit torrent application, tracker, or client.
    6. Participate in any file-sharing/peer-to-peer activities
    7. Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
    8. Run cron entries with intervals of less than 15 minutes
  8. Bandwidth Usage
    You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
  9. Uptime Guarantee
    If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the refund is at the discretion of Wells IT Solutions dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a refund, please contact with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions.
  10. Reseller: Client Responsibility
    Resellers are responsible for supporting their clients. Wells IT Solutions does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their client's behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Wells IT Solutions will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
  11. Shared (non-reseller accounts)
    Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.
  12. Price Change
    The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Wells-IT.com, and the right to increase the amount of resources given to plans at any time.
  13. Indemnification
    Customer agrees that it shall defend, indemnify, save and hold AGS Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against AGS Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless AGS Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Wells IT Solutions; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Wells IT Solutions's server.
  14. Disclaimer
    Wells IT Solutions shall not be responsible for any damages your business may suffer. Wells IT Solutions makes no warranties of any kind, expressed or implied for services we provide. Wells IT Solutions disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Wells IT Solutions and its employees.
  15. Disclosure to law enforcement
    Wells IT Solutions may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
    We will cooperate fully with law enforcement agencies.
  16. Changes to the TOS
    Wells IT Solutions reserves the right to revise its policies at any time without notice.

Recent Articles

Getting Rid of Rogue Software
2008-09-12 Rogue software has been making is way around recently, and here is how to stop it...for you at least.
Writing Secure SQL Queries
2008-02-25 Writing SQL code that 'just works' can cause you some serious trouble.
My Experience with Ubuntu Gutsy 7.10
2007-11-01 I will talk about the desktop effects, restricted drivers, restricted software, & themes.
7 Tips to Keep WinXP Running Fast & Smooth
2007-10-06 Not maintaining your computer can negatively affect it's performance.
My 18 Favorite Firefox Extensions / Add Ons
2007-08-28 My favorite may not be yours, but that's the great thing about Firefox - customize how YOU want it!

Contact

Wells IT Solutions
Phone: 219-440-2312