TERMS OF SERVICE (TOS)
READ THIS IMPORTANT NOTICE: *All Payments To Walagata Are Non-Refundable*
Walagata ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Walagata Service constitutes acceptance and agreement to Walagata's AUP as well as Walagata's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Walagata and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, county of Collin applicable to contracts enforceable in that state. Venue will be Collin County, Texas
1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Walagata shall have the right to terminate all service set forth in this Agreement.
2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges.
4. Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by Walagata may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
5. Refund and Disputes: All payments to Walagata are nonrefundable. This includes any one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Walagata's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Walagata an "Administrative Fee" of not less than $50 and not more than $150.
6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation: To cancel any Walagata account that you control, you must first log into your account by visiting http://www.walagata.com and using the log-in form provided. Under the Settings tab, you will find information on closing your account permanently.
8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
9. New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Walagata on behalf of the account holder a handling fee will be incurred.
10. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Walagata will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Walagata on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
11. Support Boundaries: Walagata, provides 24 x 7 e-mail technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Walagata provides support related to your server or virtual site physical functioning. Walagata does not offer tech support for application specific issues such as using auction sites, cgi programming, html or any other such issue. Walagata does not provide technical support for YOUR customers. If you have e-mail access, we encourage you to email support @ Walagata.net for assistance. You are encourage to check our on-line FAQs and support pages before contacting support. Lastly, the Help files in the Walagata software you are using may have the answer to your question so please do investigate these resources before contacting support.
12. SPAM and Unsolicited Commercial Email (UCE): Walagata takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Walagata may not use or permit others to use our network to transact in UCE. Customers of Walagata may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
1. Violation of Walagata's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Walagata will initiate an immediate investigation (within 48 hours of notification). During the investigation, Walagata may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Walagata may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Walagata reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Walagata will notify law enforcement officials if the violation is believed to be a criminal offense.
2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Walagata personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
3. As our Customers are ultimately responsible for the actions of their clients over the Walagata network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
1. IP Address Ownership: If Walagata assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Walagata, and Customer shall have no right to use that Internet Protocol address except as permitted by Walagata in its sole discretion in connection with the Services, during the term of this Agreement. Walagata shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Walagata, and Walagata reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for his or her membership level. Walagata will monitor Customer's bandwidth and disk usage. Walagata shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Walagata's sole and absolute discretion. If Walagata takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Walagata may, at its sole discretion, collect a deposit, in an amount determined by Walagata, against customer's credit card on file with Walagata.
3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Walagata Network. Violations of system or network security may result in civil or criminal liability. Walagata will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which such User is not entitled.
14. Notification of Violation:
1. Walagata is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
2. First violation: Any User, which Walagata determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Walagata's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
3. Second Violation: Users that Walagata determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
15. Suspension of Service or Cancellation: Walagata reserves the right to suspend network access to any customer if in the judgment of the Walagata network administrators the customer's server or account is the source or target of the violation of any of the other terms of the AUP or for any other reason which Walagata chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
17. Indemnification: Walagata wishes to emphasize that in agreeing to the Walagata Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Walagata for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Walagata or the bringing of any claim against Walagata by any third-party. This means that if Walagata is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Walagata, plus all costs and attorney's fees.
18. Miscellaneous Provisions: You must provide us with, and keep current, if requested, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
3. Walagata takes no responsibility for any material input by others and not posted to the Walagata Network by Walagata. Walagata is not responsible for the content of any other websites linked to the Walagata Network; links are provided as Internet navigation tools only. Walagata disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
4. Walagata is not responsible for any damages your business may suffer. Walagata does not make implied or written warranties for any of our services. Walagata denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Walagata.
19. Responsibility for Content: You, as Walagata's customer, are solely responsible for the content stored on and served by your Walagata server or account.
Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
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