Terms of Service (TOS)

Last Updated: July 30, 2018

By signing up for our services, you agree as a client to the terms provided between you as the customer and Webhosting1st.

1. Service.

When the customer orders a service via the shopping cart, Webhosting1st agrees to provide the services that are listed along with the terms associated with each service ordered. You can view our shopping cart at the following link: https://www.webhosting1st.com/clientarea/order/

The beginning of your service as the customer will begin on the agreed upon date between you and Webhosting1st. Upon successfully activating your service, you will receive an email from Webhosting1st detailing all of the services ordered and the length of time in months that you the customer have ordered those services.

As a customer, you reserve the right to cancel your services at any time. You can do so by logging into the Ticket Desk Support System and then selecting the option to request cancellation of your services.

2. Fees.

If there are any fees associated with your account, you can pay them on the first day of every billing cycle. The billing cycle will either be monthly or annually, which is determined from the initial customer order. Before your service can be activated, you must pay for the first billing cycle in full.

When you sign up to Webhosting1st services, you agree to let us bill your credit or debit card on file that you used to sign up for our services. By signing up to our service, you’re authorizing and granting access to your method of payment to pay for the service either on or after the first day of the billing cycle agreed upon.

  • Any fees associated with your invoice will be issued on or before the 7th day of every billing cycle
  • All fees associated with your service will be due the 14th day that follows the invoice

We at Webhosting1st may suspend any and all services included with your account if there are unpaid invoices 7 days after the due date. Any and all payments made to Webhosting1st are non-refundable. The only exception being the very first payment made to Webhosting1st, provided that it falls within the 30-day money back guarantee clause that you agree to when you sign up for our services.

3. 30-Day Money Back Guarantee

When you sign up for our services, you have the right to a full refund for all services rendered, provided that the refund request is requested in 30 days or less after you have initially purchased our services. A refund may be requested for any reason by going to the support ticket system in your account.

4. Uptime.

Here at Webhosting1st, we guarantee 99.9% of uptime per month. We do offer refunds for unexpected downtime and they are as follows:

  • 99% uptime gets 10% credit refund
  • 98% uptime gets 20% credit refund
  • 97% uptime gets 30% credit refund
  • 96% uptime gets 40% credit refund
  • 95% uptime gets 50% credit refund
  • 94% uptime gets 60% credit refund
  • 93% uptime gets 70% credit refund
  • 92% uptime gets 80% credit refund
  • 91% uptime gets 90% credit refund

If your server has a lot of unexpected downtime that results in 90% or less uptime, you will be eligible for a 100% credit refund of services rendered.

Please be aware that any service interruptions caused by scheduled maintenance or repairs will not be eligible for refund. Any and all refunds for eligible downtime will be calculated at the end of the monthly billing period and credit will be applied to your account accordingly.

5. Support.

Webhosting1st will provide technical and customer support for paying customers to the best of its ability. However, no technical support will be rendered to scripts or applications that the customer has applied to their services that are outside of Webhosting1st’s control.

6. Free Account Migration.

If need be, Webhosting1st will migrate the customer’s data and websites from their old host to Webhosting1st’s servers. With few exceptions::

  • The duration of the process cannot be specified and may be subject to change
  • Any and all scripts, custom applications or custom coding that was done prior to the migration is not the responsibility of Webhosting1st
  • Any and all custom applications or scripts will not be tested to make sure they’re fully compatible with our servers
  • Webhosting1st is under no obligation to render this service and may refuse at their own request for any reason
  • It’s the customer’s responsibility and duty to make sure that the website integrity is fully functional and there’s no errors on their end

7. Backup.

Any and all content hosted by Webhosting1st is under the responsibility of the customer to maintain a proper backup of all data and content of their website. It’s not the responsibility of Webhosting1st to maintain any backups of data and content and by using our services, you agree that Webhosting1st is not liable if any data is damaged or missing. Webhosting1st will to the best of its abilities, keep backups every 7 days of your data but is not a 100% guarantee.

Under no circumstances is Webhosting1st responsible for any damage caused to the website or services by customer negligence. If damage has occurred to any customer data or website data due to hardware or software issues, Webhosting1st doesn’t assume responsibility to fix or reimburse the customer. If any issues arise that are outside of the control of Webhosting1st, we are not responsible for any damages that may occur.

8. Force Majeure.

Webhosting1st assumes no responsibility in the event that the service agreed upon cannot be performed by Webhosting1st by the fault of anything out side of Webhosting 1st’s control. If in the event of a deadly disaster such as complete loss or failure of the structural power grid, internet failure, war, significant epidemic events, significant strikes that result in loss of service, terrorism related activity that results in loss of service or any natural disasters outside of Webhosting1st control are not reimbursable, compensated or the fault of Webhosting1st.

9. Personal Claims.

You agree as a customer when you utilize our services that Webhosting1st is not responsible for any fines, damages or losses to any services rendered. You also agree that Webhosting1st will not be responsible for any liabilities, fees, demands, fines, punitive damages, interest or penalties. Webhosting1st assumes no legal responsibility of your services rendered when at fault of the customer and will not be held responsible.

10. Service Interruption.

Upon purchasing Webhosting1st services, you agree that Webhosting1st will not be liable for any outages, delays or interruptions of your service. The customer agrees that service interruptions have many different causes and Webhosting1st cannot be held responsible for service interruptions.

11. Security.

You agree as a customer that you are to keep your confidential information including your name, address, password and billing information private. If you believe that your account is being used by an unauthorized person, you are under obligation to report the unauthorized use to Webhosting1st immediately. You agree that you are not to disclose your login information, your password or any private details of your services. Your information is kept confidentially and will never be shared unless that information is subpoenaed by law enforcement.

While Webhosting1st guarantees a level of security against hackers, you agree that Webhosting1st cannot be held responsible against hacking attempts or users gaining unauthorized access to your account.

12. Resources.

As a customer, you may not use more than the allocated server resources you’re given. If you’re found in violation of using more than 10% of our system resources (CPU/RAM) for a period of longer than 120 seconds, you will be given a warning, with a possibility of having your services suspended.

13. Privacy Policy.

Customer accept Webhosting1st's Privacy Policy located HERE.

14. TOS changes.

We at Webhosting1st reserve the right to modify, update or change the terms of service and conditions regarding your services with no obligation to immediately notify the customer. All changes apply to former and existing customers. By utilizing our services, you agree to these terms of service.

15. Limitations.

As a customer of Webhosting1st, you agree not to include any of the following content or promote the following:

  • Any and all illegal content which includes hacks, illegal bots, phishing techniques, hacking scripts, pirating software/content, warez or child pornography
  • Any intellectual property that you cannot prove yourself to be the sole owner of
  • Pornography of any kind
  • Spiritism content
  • Gambling of any kind
  • Content that’s violent in nature that can include violent videos, violent images or any content that will incite violence or any content that harasses and threatens violence
  • You may not send unsolicited emails with our services
  • You may not commit DDoS or DoS attacks
  • You may not scan ports for an attack on another server or system
  • You may not commit brute force attacks

Additional limitations for shared hosting plans:

  • You may not use hosting account as a proxy server

16. Suspension and Termination of Service.

Suspension of Service.

If you’re found in violation of these terms of service, you may subject to immediate suspension without your knowledge or consent. If you’re under investigation for a possible breach of terms service and you refuse to cooperate with our investigation, we reserve the right to suspend your service immediately without prior notice.

If a customer files a PayPal dispute or files a dispute with their bank which results in a chargeback, we may suspend your service at our discretion.

If we believe that a customer is a threat to security, our servers, other customers or the network, we reserve the right to suspend their service at any time.

DMCA notices will be immediately forwarded to the customer upon our receipt of them. If the customer fails to remove that file or content within 48 hours, we reserve the right to immediately suspend all services.

If your account is within the 7-day grace period and have unpaid services, you may have your service suspended.

Termination of Service.

We reserve the right to terminate the service of customers if they meet the following criteria:

  • The customer has gone 14 days without paying a statement.
  • A customer was given a 30-day written warning about a prior Terms of Service violation and hasn’t rectified the issue.
  • A customer has broken the Terms of Service more than once or has broken a severe Terms of Service condition which results in immediate termination.

At Webhosting1st, we will without guarantee, hold your account data and website files for 14 days if an invoice has gone unpaid. However, Webhosting1st reserves the right to remove any and all data associated with your services if an invoice has gone unpaid for 30 days or more. While Webhosting1st will attempt to recover the data upon customer request, Webhosting1st is not responsible for the recovery of that data and makes no guarantee that the data can be recovered.