Limitation of Liability - Please Read
Terms of Service
provides web hosting to a large number of clients. We have a responsibility to protect each client and provide
the best services available. The following guidelines have been established to insure this intent is met.
WS4U ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of
Service). From herewith in this TOS and AUP, the usage of "us", "we", "our", "ours" shall constitute reference
to WS4U, the usage of "you", "your", "they", "them" shall refer to client / customer of WS4U.
company services constitutes acceptance and agreement to the company's AUP as well as the company's TOS (Terms
of Service). All provisions of this contract are subject to the TOS (Terms of Service) of WS4U 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
The AUP specifically prohibits the use of our service for illegal activities.
The Company will only disclose subscriber information including assigned IP numbers, account history, account
use, etc. to a law enforcement agent or official that provides an authentic subpena.
IP Ownership :
we assign a Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol
address shall belong only to us, and Customer shall have no right to use that Internet Protocol address except
as permitted by us at our sole discretion in connection with the Services, during the term of this Agreement.
We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to
Customer by us, and we reserve 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.
Contact & Billing Information :
You must provide us with, and keep current, good contact information
for you. E-mail and telephone contacts are required, fax contact information is encouraged.
Subsequent payments are due on the anniversary date of the month for that month's service. Resellers
resold client payments are due on the 1st day of every month. Accounts not paid by due date are subject to a
$7.50 late fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for
nonpayment is subject to a $100.00 reconnect charge for dedicated clients and $10 reconnect charge for shared
clients. Service will be terminated on accounts that reach 15 days past due. If any terms or conditions are
failed to be followed the account in question will be automatically deactivated. All credit card accounts are to
be automatically billed on their anniversary date unless otherwise requested by the client. We are not responsible
for any fees assessed on the client by their bank as a result of the client's account being invoiced.
Disputes and Failure to Pay:
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 WS4U's sole discretion is a
valid charge under the provisions of the TOS and /or AUP, you agree to pay an "Administrative Fee" of not less
than $50 and not more than $150. 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.
All cancellations must be sent using the cancellation form in the support center. While there
are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation
date are not refundable unless you're canceling within the 30 day guarantee period . This does not include any
added support or service fees you have contracted us to provide. You are obligated to pay for your account even
if you do not use it. Because we have provisioned services and provided you with details you have the ability
to use your account. An unused account still uses system resources that could be used for other customers. If you
have a past-due balance on your account at the time the account is closed (either by your request or due to
non-payment), the remaining balance must be paid within 30 days of when the account is closed. If we do not
receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. We apply a
$20.00 collection fee to cover our costs in attempting to collect your debt. If our internal collection efforts
fail, we reserve the right to turn the account over to a 3rd-party (either collections agency or attorney) for
further action. We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices
may effect your credit rating. If client disputes justified charges by provider on his credit card (chargeback),
provider has the right to charge a $25 administration fee in addition to late fees and immediately discontinue
service. We do not offer refunds for services after the initial thirty (30) days of service.
Credit for uptime :
All users are subject to the terms of this TOS (terms of service), our AUP (acceptable use
policy), and our SLA (service level agreement).
Liability and Warranty :
We are not responsible for any
damages your business may suffer. We do not make implied or written warranties for any of our services. WS4U
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 us. The client 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,
client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and
exclusive control of the company. You further acknowledge that the company's liability for its own negligence may
not in any event exceed an amount equivalent to charges payable by the client for services during the period
damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Refusal of Service :
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
These terms may be modified at any time with notice. All users are always subject to
the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of
service and other policies at all time. It is our responsibility to provide these policies in a ready and readable
form. We will, when possible, elect to notify clients of updates or changes to our policies in various mediums
available including but not limited to; email, forums, ticket systems, and chats.
Service Level Agreement
Here at WS4U we use only top quality servers, switches, and routers. This translates into great reliability and
uptime. As a result, within our own server farm and facilities that are under our own control and management, we
guarantee that our network will be up and functioning 99.9% of the time.
We also have a 99.9% Data Center
To be eligible for this SLA. your account must be in good standing. All requests for
credit or refunds should must fulfill these requirements:
- Request must be submitted using the ticket system
- Request must be submitted within 7 days of the issue in question
- Your request must include a ticket
number to reference that shows the issue being reported and acknowledged.
guarantee that the network will be available 100% of the time in a given month (this does not include
functionality of software/services on a server), excluding scheduled maintenance. If network downtime occurs the
customer will be refunded 5% of their monthly fee for every 60 minutes of downtime, up to 100% of the customer's
Network uptime includes functioning of all network infrastructure including routers, switches
and cabling, but does not include services, deamons, software running on your server, or hardware failure on a
server. Network uptime means the network itself will be up and available. In situations where a client runs a
cluster or redudant server they can take advantage of the 100% uptime guarantee be eliminating a single point of
failure in their hardware.
We are not responsible for outages or circumstances beyond our control that
hinder access to your site or server. The following are excluded from the monthly calculation of Service
- Scheduled downtime or maintenance (kernel, software updates, hardware upgrades or replacement)
- Traffic conditions on the internet outside our network
- ISP or local problems such as Browser or DNS
- DDoS, Attacks, Exploits or hacked servers
- An outage from an upstream facility outside of our
- Interruptions or failure of individual service caused by client, their employees, client's customers,
friends, or family to their service.
- Inaccurate installation or configuration of software by the client or
non-staff, 3rd party software, client abuse or over utilization of resources.
Data Center (NOC) Guarantee
We guarantee that the critical systems, including power and HVAC, will be available 100% of the time in a given
month, excluding scheduled maintenance. We will refund the customer 5% of the monthly fee for each 60 minutes of
downtime (up to 100% of customer's monthly fee).
Critical systems includes functioning of all power and
HVAC infrastructure including UPSs, PDUs and cabling, but does not include the power supplies on customers' servers.
NOC downtime exists when a particular server is shut down due to power or heat problems and we record such a
failure in the support ticket system.
Occasionally servers and systems must be brought down for routine
maintenance and upgrades to ensure that your site will perform optimally. However, we strive to keep such service
interruptions to a minimum, and, when possible, give you advance notice of scheduled any maintenance. Scheduled
service outages do not qualify for this guarantee!
Additionally, this guarantee is your remedy for any
unscheduled downtime of more than limits outlined above. Downtime must be confirmed by a staff member in our
support system. Maximum credit given will not exceed the amount of the charge for the customer service
with us. The credit will be applied to your invoice on your next due date. Downtime is measured from the
time the customer records such failure in the support ticket system and until a resolution is provided in that
Acceptable Use Policy
provides web hosting to a large number of clients. We have a responsibility to protect each client and provide the
best services available. The following guidelines have been established to insure this intent is met.
("The Company") agrees to furnish services to the Subscriber, subject to the following AUP (Acceptable Use Policy).
From herewith in this AUP and TOS, the usage of "us", "we", "our", "ours" shall constitute reference to WS4U, the
usage of "you", "your", "they", "them" shall refer to client / customer of WS4U.
Use of company services
constitutes acceptance and agreement to the company's AUP as well as the company's TOS (Terms of Service). All
provisions of this contract are subject to the TOS (Terms of Service) of WS4U 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.
All services provided by us 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 City law is prohibited.
We are not responsible for any claims resulting from the use of our service. This is also true for sites that
promote any illegal activity or content that may be damaging to our servers or any other server on the internet.
Links to such materials are prohibited. This also includes, but not limited to Adult sites, pirated software,
hacker programs/archives, MP3, Warez, copyrighted material or material protected by trade secrets and other
statutes. All published content is considered copyrighted and is the property of the publishing entity, WS4U.
The following constitute violations :
Threats and unlawful conduct :
Use of our service to transmit
any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction
of property. Use of our services to transmit any material (by e-mail, uploading, posting or otherwise) that
Resource Usage :
If our system administrators determine that a customer's account is
utilizing an unacceptable amount of system resources, we may temporarily deactivate the account in question. We
may contact the client to offer alternative solutions for their accounts and make our best attempt to keep their
account active without degredation to other clients services. The Company be the sole arbiter as to what
constitutes a violation of this provision.
Use of our service to make fraudulent offers to sell
or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi
schemes," and "chain letters." Adding, removing or modifying identifying network header information in an effort
to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other
identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute
impersonation. Involves a knowing misrepresentation or misleading statement, writing or activity made with the
intent that the person receiving it will act upon it.
Attacks and Exploits :
Any activity which affects
the ability of other people or systems to use any services or other internet services. This includes "denial of
service" (DOS) attacks against another network host or individual user. Interference with or disruption of other
network users, services or equipment is prohibited. It is the client's responsibility to ensure that their server
is configured in a secure manner. A client may not, through action or inaction, allow others to use their network
for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual's computer
system will result in immediate account termination. We will not tolerate any subscriber attempting to access the
accounts of others, or penetrate security measures of other systems.
We do not allow
programs to run continually in the background. This is to minimize system resources used and operational
maintenance needed. We do not allow any chat or topsite programs on our servers other than the ones we pre-install
for our clients to use. IRC: We currently DO NOT allow IRC or IRC bots to be operated on our network.
Commercial Advertising- Email (SPAM) :
Spamming, or the sending of unsolicited email, from one of our servers
or using an email address that is maintained by us is STRICTLY prohibited and will qualify your site for immediate
deactivation with no refund. We will be the sole arbiter as to what constitutes a violation of this provision.
Additionally claims investigated by us about spam from any of our users or users of theirs, will be fined and
billed for such work. The fee for such an instance if you are found to be at fault is $.50 per email sent and up
to a $500 fine per incident.
Server abuse :
Any attempts to undermine or cause harm to any Company
server or customer of ours is strictly prohibited. We hold no responsibility for the use of our clients' accounts.
Any account the abuses resources and actions are not taken to desist, calls for immediate de-activation without
any refund of payments made thus far. Any site using what we deem to be using excessive cpu cycles or any resources
that cause strain to other sites may also be offered new terms. Use of our service to access, or to attempt to
access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another
entity's computer software or hardware, electronic communications system, or telecommunications system.
We perform daily backups on all of our servers to ensure critical files are never lost. Our server
software does create daily backups for users sites that you may download on your own, we do not restore a file any
user has accidentally deleted or modified. The back-up restoration is for emergency procedures only. You are advised
to backup all of your own files to your local drive. We are not responsible for lost data, time, income or any
other resource due to faulty backups or non-existent back-ups.
You are responsible for any
misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or
employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized
access to another network or server. Sharing your password and account access with unauthorized users is prohibited
and you will be held responsible for such use. Attempting to obtain another user's account password is strictly
prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or
security of any host, network or account. Users who violate systems or network security may incur criminal or
civil liability. We will cooperate fully with investigations of violations of systems or network security at other
sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
We reserve the right to revise, amend, or modify this AUP and our other policies and agreements at any time
and in any manner.
Notice of any revision, amendment, or modification will be posted in accordance with our TOS
(Terms of Service).
This is the web site of ws4u.biz from Rogersville, TN, USA.
We can be reached via e-mail at
For each visitor to our Web page, our Web server automatically recognizes only the consumer's domain name, but
not the e-mail address (where possible). We collect only the domain name, but not the e-mail address of visitors
to our Web page, the e-mail addresses of those who post messages to our bulletin board, the e-mail addresses of
those who communicate with us via e-mail, aggregate information on what pages consumers access or visit. The
information we collect is used for internal review and is then discarded, not shared with other organizations
for commercial purposes.
With respect to cookies:
items that consumers add to their shopping cart, customize Web page content based on visitors' browser type or
other information that the visitor sends. If you do not want to receive e-mail from us in the future, please let
us know by sending us e-mail at the above address.
With respect to Ad Servers:
We do not partner with
or have special relationships with any ad server companies. From time to time, we may use customer information
for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change
at some time in the future we will post the policy changes to our Web site to notify you of these changes and
provide you with the ability to opt out of these new uses. If you are concerned about how your information is
used, you should check back at our Web site periodically. Consumers can have this information corrected by or
using their control panel.
With respect to security:
We always use industry-standard encryption
technologies when transferring and receiving consumer data exchanged with our site. When we transfer and
receive certain types of sensitive information such as financial or health information, we redirect visitors
to a secure server and notify visitors through a pop-up screen on our site. We have appropriate security measures
in place in our physical facilities to protect against the loss, misuse or alteration of information that we
have collected from you at our site.
If you feel that this site is not following its stated information
policy, you may contact state or local chapters of the Better Business Bureau.