WEB HOSTING AGREEMENT AND TERMS OF SERVICE

Thewebcity.com ( Master Web VisionExplore )  - Acceptable Use Policy and Terms of Web-Services

Agreeing to Thewebcity.com ( Master Web VisionExplore ) Acceptable Use Policy and Terms of Service is mandatory for signing up and using our Hosting services. Please make sure you read and adhere to the following:

Acceptable Use Policy
Agreeing to Thewebcity.com ( Master Web VisionExplore )  Acceptable use Policy and Terms of Conditions is mandatory for Hosting signing up or using our services. Please make sure you read everything. If you have any questions Contact Us. Thewebcity.com reserves the right to change this policy any time. Thewebcity.com provides hosting to many clients. In order to meet our responsibility to protect each client and to provide the best services possible, the following guidelines have been established.
 
 
PAYMENT POLICIES, FEES, REFUNDS AND ACCOUNT CANCELLATION:
 
Thewebcity.com ( Master Web VisionExplore ) accepts payments via western union, wire payments & 2checkout.com ( Moneybookers & E-gold - selected clients only )
 
Money-back Guarantee
 
    *  Most services offered by Thewebcity.com ( Master Web VisionExplore ) carry a 30 Day Money Back policy. If you are not completely satisfied with our services, you will receive a full refund for the hosting fees during the first 30 days after the service was added.
 
    *  Accounts with violations of our policies will not receive a refund under any circumstance.
 
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 Thewebcity.com and the right to increase the amount of resources given to plans at any time.
 
Account Setup - We will setup your account after we have received payment and If your payment with 2checkout.com have screened the orders incase of fraud. It is your responsibility to provide us with information to verify. in this such case account creation will be delay.
 
Late / Non-Payment
 
    * If an account is cancelled and then re-enabled, we reserve the right to charge an administration fee of $50 which will be charged to your account.
 
    * Accounts overdue 7 days - all technical support revoked
 
    * Accounts overdue 14 days - sites and services will be suspended
 
    * Accounts overdue 30 days - sites and data deleted from all systems
 
    * During these periods we endeavor to contact you by all means possible. It is the duty, and interests of the customer to maintain accurate and update address, contact and billing information
 
    * Should a credit card "chargeback" be performed on your credit card transaction reversed all your websites, data and email will be immediately deleted from our systems.
 
Out Date Records - Periodically it may become necessary for Thewebcity.com to contact the customer. If the information provided to us is not current, it may lead to the customer failing to receive notices. The customer is solely responsible for keeping all personal and billing information current at all times. Thewebcity.com is not responsible for actions that are taken as a result of a customer's failure to respond to Thewebcity.com's notices.
 
Uptime Guarantee - All packages Include 99% uptime guarantee. But guarantee credit does not cover scheduled downtime.To get guarantee credit please E-mail billing@Thewebcity.com with your account details with in 7 days.
 
 
SPAM AND UNSOLICITED COMMERCIAL EMAIL (UCE) Policy:
 
The Company takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over its network. Very simply this means that Customer may not use or permit others to use our the company's network to transact in UCE. Reseller of the Company may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
 
Violation of this SPAM policy will result in severe penalties. Upon notification of an alleged violation of its SPAM policy, the Company will initiate an immediate investigation (within 48 hours of notification). During the investigation, the Company may restrict customer access to the network to prevent further violations. If Customer is found to be in violation of our SPAM policy, the Company may, at its sole discretion, restrict, suspend or terminate Customer's account. Further, the Company reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. the Company will notify law enforcement officials if the violation is believed to be a criminal offense.
 
First violations of this policy will result in an "Administrative Fee" of $40 and Customer's account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $100 and immediate termination of Customer's account. PLEASE, DO NOT SPAM from your account.
 
As our Reseller Customers are ultimately responsible for the actions of their clients over the Thewebcity.com , it is advisable that Customers develop a similar, or stricter, policy for their clients.
 
E-mail - Mailing Lists - Limits of usage:
 
 * Mass mailing is not for shared servers and Thewebcity.com do not host sites that deal with mass email type services. If you need to send a "high-volume" of emails to customers please do not use your accounts SMTP server for this. You could instead outsource the list to a 3rd party provider (List server) who specializes in, and supports, mass mailings, or depending on your needs you might consider getting your own dedicated server.
 
 * There is a 200 hourly email limit per domain this limit is also applied towards mailman. If you send over this amount in any hour most of the e-mails will bounce back with a undeliverable error.
 
 * Many of our servers have a 60 pop checks per hour limit per domain.  If you go over this you're likely to get a wrong password error message saying login incorrect. Just wait an hour and it will automatically unlock you. to prevent this from happening again make sure to disable auto checking or at least set it to something higher such as 10 minutes.
 
PROHIBITED USES OF SERVICES AND PRODUCTS
Customer may only use Services and Products in a manner that, in the Company's sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
A.1 General
1.1.1. Illegal Activities: Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. The Company reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
1.1.2. Harm or Endangerment to other people: Customer shall not use Services or Products to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
1.1.3. Copyright or trademark infringement: Customer shall not use Services or Products to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Customer shall not use Services or Products to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
A2. System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following:
1.2.1. Introduction of malicious programs into the Company's network or server (e.g., viruses and worms).
1.2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section 3.2.2., "disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
1.2.3. Executing any form of network monitoring which will intercept data not intended for the Customer's server.
1.2.4. Circumventing user authentication or security of any host, network or account.
1.2.5. Interfering with or denying service to any user other than Customer's host (for example, denial of service attack).
1.2.6. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal session, via any means, locally or via the Internet.
1.2.7. Creating an "active" full time connection on a Company-provided account by using artificial means involving software, programming or any other method.
1.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.
1.2.9. Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.
1.2.10. Any action which the Company deems to be an unacceptable use of resources, business practice or otherwise unacceptable to the Company.
PROHIBITED SCRIPTS AND PROGRAMS
 
The following rules apply to the use of all scripts:
 
   * Any script must not use the processor for more than a few seconds, or it is subject to removal.
   * Scripts must not use a large amount of system resources (RAM or processor). If a script consumes a large amount of these resources the account will be subject to immediate suspension until an alternative solution can be reached.
   * Any site use a 10% amount of system resources (RAM or processor) is subject to suspension until an alternative solution can be reached.
   * A script must not be used or referenced from external web sites.
   * Scripts which interacts with the hardware, or the servers configuration files, are prohibited on  Thewebcity.com 's servers. Accounts in violation of this policy will be suspended without prior notice.
   * Resource incentive scripts (chat room scripts coded in Java or Perl, for instance) are not allowed on  Thewebcity.com's servers.
 
The following scripts are banned because they are either resource hogs or harmful:

* UltimateBBS
* Ikonboard
* FormMail
* CgiEmail
* Eggdrops and IRC Bots (PSYBNC, etc.)
* IRC Servers/clients (ircd, etc)
* IRC BNCs (PsyBNC, BNC)
* Network/System Security Auditing Tools
* Exploits
* Daemon Processes
* Game Servers
* Proxy Servers
* nph-proxy
* Web/CGI based telnet servers
* The Anonymizer
* Any Soap Mailers
* Transmission of Unsolicited Email or SPAM
* Portscanning CGIs
* Security Auditing CGIs
* false identity & pyramid/ponzi scheme Scripts
* Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives.
* Any script that uses & processes a massive number of flatfiles or large flatfile databases

BACKUP AND DATA LOSS
 Your use of the service is at your sole risk.Thewebcity.com 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 HostGator servers.We take weekly - Backups of new/changed data  These backups are made for server restoration purposes only. It is the clients' responsibility to take backup of their own files. This can be done with the "Backup Manager", which is included with each cpanel.
CGI SCRIPTS - script sharing with domains not hosted by Thewebcity.com (Platinum Online) is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. If you Going To use CGI Please contact us before use it.

MAILING LIST HOSTING - Please note that we do not offer hosting for running milling lists. If we found milling lists in our servers, will be shutdown without prior notice.
Pornography and sex-related merchandising are prohibited on any Thewebcity.com servers .This includes sites that may infur sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Thewebcity.com servers or any other server on the internet. Links to such materials are also prohibited.
 
ACCOUNT SUPPORT
 
At this time we only support via E-mail. We will offer 24/7/365 support by e-mail ( All support mails will be going to our helpdesk system) . If Only emergency case can be able to use our general Phone +94-81-2500305
 
EMAIL SUPPORT
 
Sales : sales[@]thewebcity.com
Support: support[@]thewebcity.com
Billing Inquiries : billing[@]thewebcity.com
Abuse Inquiries : abuse[@]thewebcity.com
 
Thewebcity.com will support, to the best of it's ability, control panel related problems and issues. This includes, but is not limited to, support of basic control panel functions (ie: adding/removing accounts, dns functions, password changes, etc…) and limited support of control panel installed 3rd party software (ie: PHP-Nuke, phpBB, AdvancedGuestBook, osCommerce ). Thewebcity.com will not provide support any 3rd party Free Addon Scripts on cpanel, inclusions, regarding issues of software bugs or errors, and such issues should be brought to the attention of the software vendors directly for support. Thewebcity.com is not responsible for web development, non-supported 3rd party software and/or scripts (ie: compatibility, installation, maintenance), and/or ongoing daily administration tasks (ie: setting up new users, email accounts, & domains). Thewebcity.com , at it's discretion, may assist with initial custom setup/configuration of the server (ie: setting up new users, email accounts, & domains, and/or software modifications). Thewebcity.com will install & supported software purchased through Thewebcity.com (ie: clientexec ,SSL Cert ) at no additional charge,
 
INSTALLED 3rd PARTY SOFTWARE - User Full Responsibility to Keep 3rd party software Install in web space. If we found hacking or unusual activates because of less security in software result will be suspend account without prior notice. 
 
LIMITAION OF LIABILITY - Thewebcity.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever. Thewebcity.com shall neither be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers. All damages shall be limited to the immediate termination of service.

DISCLAIMER - Thewebcity.com cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Thewebcity.com  are resold. Thus, certain equipment, routing, software, and programming used by Thewebcity.com are not directly owned or written by Thewebcity.com . Moreover, Thewebcity.com ) holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Thewebcity.com sees fit. FURTHERMORE, Thewebcity.com  retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
 
CHANGES TO THE TOS - Thewebcity.com reserves the right to revise its policies at any time without notice.