Terms and Conditions (TOS)
Webkar provides web hosting services and thus has certain legal and ethical responsibilities. By clicking the "Submit" button on the order page, you agree to it's terms and conditions ("the Agreement").
Appropriate use of service
Webkar provides the service and makes no effort to edit, audit, control or restrict the content of data other than necessary to provides the service.
All services provided by Webkar may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or local law is strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret.
Pornography, nudity, and sex-related merchandising are prohibited. This includes sites that may infer sexual content; links to such adult content elsewhere are also prohibited.
Sites that promote any illegal activity, such as Warez sites, FXP are prohibited; links to such materials are also prohibited. Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on Webkar's servers. If you are found to be storing or linking to such materials, your account will be canceled and all monies will be forfiet. Legal charges may also occur.
Examples of unacceptable content include the following: Pirated software, Hacker programs or archives, MP3 files or archives. Adult content is not allowed on shared hosting plans.
Webkar reserves the right to remove any material from Client's web space that is deemed unacceptable by us.
No site may use more than 10% of the total server output at any given time.
Webkar reserves the right to terminate Client's account without refund at our discretion if said material is discovered. Webkar is the sole arbiter as to what constitutes a violation of the above provisions
The Client is allowed to freely install CGI applications; however, Webkar reserves the right to disable any application that unreasonably effects or interferes with normal server operations. Webkar will try to inform client before said action is taken. However, in extreme cases where a script is causing harm to other users, Webkar reserves the right to disable the script before informing the client. Said situation is unlikely.
Client will not install Client's own chatroom of any kind because they tend to be large "system hogs" and therefore fall into the category described in section above. The chat room provided with your CPanel may be used at all times.
Due to their use of flat files instead of databases, Webkar does not allow the use of UBB or YABB bulletin boards. Use of these boards results in system performance degradation and cannot be allowed in our shared hosting environment. We suggests using VBulletin, xMB or phpBB as a more efficient, database-driven alternative to these bulletin boards.
Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process.
Webkar considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.
A $250 fine will be charged for each SPAM policy violation.
Client will have the ability to reinstate files which are automatically archived by Webkar; however, Webkar does not guarantee the existence, accuracy, or regularity of its backup services. End customer is responsible for maintaining a backup from all files and databases. In case of data lose we will not accept responsibility for any loses. Webkar may charge users for optional daily or weekly backup service.
Client may occupy only the amount of disk Space on the Webkar Server and utilize no more than the network bandwidth that is allotted by Webkar. Additional fees, specified in the Virtual Host plans page, will be charged for exceeding the disk Space and/or network bandwidth allowance of your selected plan.
Webkar has the right to terminates the account of anyone who violates this agreement at anytime without any warning or prior notice. No refund will be made if account termination is made due to violation of this agreement. Webkar also reserves the right to refuse service to anyone.
Liability and Indemnification
The parties agree that in no event shall Webkar be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement.
Client agrees that it will defend, indemnify, and hold harmless Webkar from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against Webkar, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.
Webkar assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.
The term of this Agreement will continue until a notice of cancellation by Webkar or Client is given, or until terminated under other provisions of this Agreement. Webkar reserves the right to terminate this Agreement without cause upon notification to the Client. Webkar may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by Webkar to implement this Agreement is disrupted or terminated for any reason.
CLIENT may request Webkar refunds money within 30 days after sign up has taken place. CLIENT will be refunded the full amount they have paid. If 30 days have past CLIENT may cancel contract, however, CLIENT forfiets monies paid to Webkar. CLIENT may cancel account with Webkar and be removed from billing, therebye stopping all future charges.
Disclamer of warranty
Webkar will not be held responsible for any damages you or your business may suffer. Webkar makes no warranties of any kind, expressed or implied, for services rendered. Webkar disclaims any warranty or merchantability or fitness for a particular purpose. Webkar assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. Webkar will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from Webkar.
In the event Client defaults in any provision or fails to perform pursuant to this Agreement, Webkar will be entitled to damages, costs, and attorney's fees from the Client.