Terms & Conditions

Since I am a VAR of Westhost, all accounts must abide by the following conditions. Since I am a VAR primary contacts regarding account cancellation should be through accounts@averyjparker.com
The terms below have been copied from Westhosts terms and conditions.

Specific Acceptable Use Policies
Server abuse
Any attempt to undermine or cause harm to a server, or customer, of WestHost is strictly prohibited.
Unauthorized use of other people’s accounts or computers
WestHost will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a WestHost customer, whether or not the attacked account or computer belongs to WestHost, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Terms of Data Transfer
Data Transfer limits for our hosting plans are listed here. Any customer who exceeds this limit will first be notified by WestHost to resolve the situation. No additional data transfer charges will be made by WestHost without prior notice to the customer. Extra data transfer is charged at the rate of $4.50 per additional GIG.
Commercial Advertisements with E-mail
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and E-mail. If you are found to have spammed, we will contact you to resolve the situation. If it is a severe case then we will immediately, without warning, disable your domain until the situation is resolved. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund.
Chat Rooms
We do not allow customers to install their own chat rooms without prior approval of the WestHost Support Department.
Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
CGI Scripts
Each WestHost account comes fully equipped with its own pre-configured CGI-BIN. Customers are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI Script sharing with domains not hosted by WestHost is not allowed.
Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to CPU Time, Memory Usage, and Network Resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.
We do not allow IRC or IRC bots to be operated on our servers.

Payment Policies
All accounts are set up on a pre-pay basis. Domain Registration fees are non-refundable. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies WestHost in writing for a request for termination of services. All payment is in U.S. currency.

Service Cancellation
To make a cancellation request, you will need to fill out the cancellation request form. If this is not possible, you may fax a request to 435-755-3449 or mail a cancellation request to WestHost Inc, PO Box 6246, Logan UT 84341-6246. You must include your Account Domain Name and Account Password for the account which you wish to cancel hosting for. We cannot accept cancellation requests over the phone for security reasons.

30 Day Money Back Guarantee
WestHost provides a 30 day money back guarantee for all direct shared hosting accounts. If for any reason you request cancellation within 30 days of ordering your account you will be given a full refund. Please note that domain registration fees are not included with this offer.

Refusal of Service
WestHost reserves the right at its sole discretion to refuse or cancel service. Violation of any of WestHost’s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Lawful Purpose
WestHost Inc reserves the right to refuse service to anyone. Customers may only use WestHost Inc’s servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. WestHost expressly forbids anyone from using WestHost servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of WestHost management. In addition any site selling or promoting bulk email services is not allowed

Customer agrees that it shall defend, indemnify, save and hold WestHost Inc harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against WestHost Inc its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless WestHost Inc against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with WestHost Inc’s services; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from WestHost Inc’s services.

WestHost Inc will not be responsible for any damages your business may suffer. WestHost Inc makes no warranties of any kind, expressed or implied for services we provide. WestHost Inc disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by WestHost Inc and its employees. WestHost Inc reserves the right to revise its policies at any time. Failure to follow any terms and conditions may result in account deactivation.
Privacy Policy
WestHost insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used “solely” by WestHost its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the subscriber. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the subscriber; with exception as required by law, regulation or governmental authority.

WestHost is committed to protecting and securing all subscriber provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information.

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