Terms of Service
Terms of Service
All users of Wichita Data Centers services, and all customers upon signing up for Wichita Data Centers services, agree to comply with Wichita Data Centers Terms of Service (”TOS”). The TOS is to ensure customers that are using Wichita Data Centers services with due regard to the rights of other Internet users and in conformity with the requirements of Wichita Data Centers network environment. The TOS are not exhaustive and Wichita Data Centers reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.WichitaDataCenters.com or notification of the modified TOS. Any complaints about a customer’s violation of the TOS should be sent to our support staff.
Except when expressly agreed to the contrary in writing by an authorized representative of Wichita Data Centers, this TOS supersedes any other agreement with Wichita Data Centers, whether written, oral, by conduct, or otherwise.
- A. Wichita Data Centers Web Hosting Customer Restrictions
- B. All Wichita Data Centers Customer Terms of Service
- C. All Wichita Data Centers Customer Billing Policy
- D. Copyright Violations
A. Wichita Data Centers Web Hosting Customer Restrictions
The following Terms of Service apply only to Wichita Data Centers Web Hosting customers, and supplement the terms in sections C and D that apply to all Wichita Data Centers customers:
Any Web site that uses an extremely high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service. Wichita Data Centers will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to Wichita Data Centers customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Wichita Data Centers server, and selling or distributing software (on a Web site residing on a Wichita Data Centers server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. Wichita Data Centers reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Wichita Data Centers does not permit CGI script sharing with domains not hosted by Wichita Data Centers or any scripts that may be abused for UCE purposes.
Wichita Data Centers may request addition information from customers to verify their identity. Wichita Data Centers reserves the right to determine, in its sole and absolute discretion, what information is required to validate a customers identity.
Shell / SSH Access
Wichita Data Centers takes our customers security very seriously. Our Linux-based hosting services offer the ability to use Shell / SSH access. This access is enabled by request of the customer after the order has been completely created. In order to request shell / ssh access to be enabled on your account, you will need to create a support request and supply a scanned copy of the following item to verify your identity:
- Government Issued Identification – The information on this identification must match the information on your account. The identification must be verifiable by our staff.
Your information, privacy, and security is our top priority. We have taken extreme measures to become Truste Certified. During the verification process, Truste reviews our company policies and processes to make sure they adhere to their strict policies. Furthermore, we are reviewed every 3 months to make sure we continue to offer the most secure, private environment and processes as possible.
Access to service
Wichita Data Centers requires correct username and password information to be maintained for all services offered. This applies to, but not limited to, dedicated servers, shared hosting, and reseller hosting. If this information is not kept up to date, Wichita Data Centers, in its sole discretion, take any necessary actions to gain access to an account.
If Wichita Data Centers is unable to gain access to an account, Wichita Data Centers may suspend and/or terminate an account without notice to the customer. IT IS THE SOLE REQUIREMENT OF THE CUSTOMER TO KEEP ACCOUNT INFORMATION UP TO DATE AT ALL TIMES. ACCOUNT INFORMATION IS DEFINED AS LOG IN INFORMATION, CONTACT DETAILS, BILLING INFORMATION, AND ANY OTHER PARAMETERS OF Wichita Data Centers SERVICE.
Wichita Data Centers does not allow Web Hosting customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, Wichita Data Centers provides Java chat rooms that meet most users’ needs and run without hindering system performance.
Background Running Programs and Cron Jobs
Wichita Data Centers may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting customers may incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Wichita Data Centers so that we can arrange set-up.
Wichita Data Centers does not allow IRC or IRC bots to be operated by Web Hosting customers.
Wichita Data Centers Web Hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact our sales department to make special arrangements.
Multimedia files are defined as any graphics, audio, and video files. Wichita Data Centers Web Hosting accounts are not to be used for the purposes of distributing and storing unusual large amounts of multimedia files. Any Web site must link to at least 80% of stored multimedia files.
Any database stored on Wichita Data Centers Web Hosting servers will be limited in size to 10% of the total disk space used for that particular hosting account.
Wichita Data Centers reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Wichita Data Centers reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. DEDICATED SERVERS ARE NOT BACKED UP BY US AND IT IS THE SOLE RESPONSIBILITY OF THE CLIENT TO MAINTAIN BACKUPS OR HAVE A SOLUTION FOR THIS. PLEASE CONTACT OUR STAFF IF YOU WISH TO DISCUSS BACKUP OPTIONS. IT IS YOUR RESPONSIBILITY TO MAINTAIN BACKUPS.
The following Terms of Service apply to ALL Wichita Data Centers customers:
Wichita Data Centers Services
Wichita Data Centers services include, but are not limited to:
- any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers’ account (including all billing data and the space on the particular Web server that Wichita Data Centers provides to customers);
- any use by customers, or any access provided to customers by Wichita Data Centers, of computing, telecommunications, software, information, hardware, and equipment;
- any act, or provision of any service, by Wichita Data Centers to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
- any provision by Wichita Data Centers to customers, of any space, Internet connectivity, or electrical power;
- any access or use related to the Wichita Data Centers Web site, including the Web site itself;
- any other service mentioned in the TOS;
- any other service provided by Wichita Data Centers to customers, whether used or not;
- any other Wichita Data Centers services that are used by customers, whether offered or provided by Wichita Data Centers to customers.
Ownership of Web Site
The legal owner of customers’ Web sites and accounts with Wichita Data Centers will be the individual or organization whose name is listed in Wichita Data Centers database as the owner. Customers will fully cooperate with and abide by any and all of Wichita Data Centers security measures and procedures in the event of any dispute over ownership of customers’ Web sites and accounts with Wichita Data Centers.
All email accounts (including, but not limited to POP email accounts) that have not been logged into for a period of 6 consecutive months or more shall be deemed abandoned and Wichita Data Centers shall have the right to delete the email account (“Abandoned Mailbox”) and/or all emails residing in such Abandoned Mailbox (“Abandoned Emails”).
At least 2 weeks in advance, Wichita Data Centers shall send to the master email account a notice that the Abandoned Mailbox and/or the Abandoned Emails shall be deleted if the user or customer does not log into the Abandoned Mailbox within 2 weeks.
Wichita Data Centers has the right to delete all content stored in any of customer’s spam folders or email accounts for 60 days or more.
Scope of Service and Support
Please see our Support Statement. Click here to see the Support Statement.
Wichita Data Centers servers may be used for lawful purposes only. 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. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Wichita Data Centers services, all Wichita Data Centers customers certify that they and/or the organization they represent in procuring services from Wichita Data Centers are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ’suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to Wichita Data Centers customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Wichita Data Centers server, and selling or distributing software (on a Web site residing on a Wichita Data Centers server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Wichita Data Centers reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
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: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting, denial of service attacks (weather incoming or outgoing). In addition to the above mentioned items, abuse is also considered when more then 50% of the usage of a server at any given time is consumed by a individual account.
Any account that is disabled or terminated due to abuse is not eligible for any refund, full or partial. Any refund that is offered is strictly the decision of the administration.
What “Unlimited” means
Wichita Data Centers does not set an arbitrary limit or cap on the amount of resources a single Client can use. In good faith and subject to these Terms, Wichita Data Centers makes every commercially reasonable effort to provide its Clients with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Client’s use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Clients as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
What “Unlimited” DOES NOT mean
Wichita Data Centers employs complex mechanisms to protect its Clients and systems from abuse. Wichita Data Centers offering of “unlimited” services is not intended to allow the actions of a single or few Clients to unfairly or adversely impact the experience of other Clients.
Wichita Data Centers service is a shared hosting service, which means that multiple Client web sites are hosted from the same server and share server resources. Wichita Data Centers service is designed to meet the typical needs of small business and home business website Clients in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
Wichita Data Centers will make every commercially reasonable effort to provide additional resources to Clients who are using their website(s) consistent with these Terms, including moving Clients to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Clients, Wichita Data Centers does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Wichita Data Centers can evaluate said sites resource needs.
Unlimited Hosting Space
Wichita Data Centers does not set arbitrary limits on the amount of disk space a Client can use for the Client’s website, nor does Wichita Data Centers charge additional fees based on an increased amount of storage used, provided the Client’s use of storage complies with these Terms. Please note, however, that the Wichita Data Centers service is designed to host websites. Wichita Data Centers does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Client’s account, with or without notice. Accounts with excessive number of files negatively affect the performance of the server and Wichita Data Centers may request that the number of files be reduced to ensure proper performance.
Unlimited File Transfer
Wichita Data Centers does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Client can upload to his/her/its website in a given month, nor does Wichita Data Centers charge additional fees based on increased use of bandwidth, as long as the Client’s use of the Services complies with these Terms. In most cases, a Client’s web site will be able to support as much traffic as the Client can legitimately acquire. However, Wichita Data Centers reserves the right to limit processor time, bandwidth, or processes, memory, or number of files in cases where it is necessary to prevent negatively impacting other Clients.
Viruses and Other Destructive Activities
Use of Wichita Data Centers services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Wichita Data Centers services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Using your web hosting account as a backup/storage device is not permitted, with the exception of one cPanel and/or Plesk backup of the same account. You may only have 1 online backup for your PUBLIC HTML directory only. The backup may not exceed more then 5GB.
Examples of unacceptable material on all hosting accounts include, but not limited to, are:
* Torrent Software
* Torrent data / files / materials
* IRC Scripts/Bots
* Proxy Scripts/Anonymizers
* Pirated Software/Warez
* Image Hosting Scripts (similar to Photobucket or Tinypic)
* AutoSurf/PTC/PTS/PPC sites
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/Spam Scripts
* Banner-Ad services (commercial banner ad rotation)
* File Dump/Mirror Scripts (similar to rapidshare)
* Commercial Audio Streaming (more than one or two streams)
* Escrow/Bank Debentures
* High-Yield Interest Programs (HYIP) or Related Sites
* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
* Sale of any controlled substance without prior proof of appropriate permit(s)
* Prime Banks Programs
* Lottery Sites
* Hateful/Racist/Harassment oriented sites
* Hacker focused sites/archives/programs
* Sites promoting illegal activities
* Forums and/or websites that distribute or link to warez/pirated/illegal content
* Bank Debentures/Bank Debenture Trading Programs
* Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
* Mailer Pro
In the event that your shared or reseller server has a physical downtime that is not within the 99.9% up-time you may receive one month of credit on your account. Any 3rd party monitoring service reports may not be used due to a variety of factors. The up-time of the server is defined as the reported up-time from the operating system. The web server up-time may differ from the up-time reported by other individual services and is not used as the measure of up-time. To request a credit, please contact our support department.
Unless otherwise specified, only new customers qualify for any promotional pricing and limitations. Additionally, promotional offers are only good for 1 order per customer. Customer may purchase additional services at regular price. Customers may not open multiple accounts with similar or identical billing information to gain discounted rates for promotions.
Free domain names may only be redeemed during the first 30 days after the initial purchase.
Any customer with at least 1 hosting service may refer customers to Wichita Data Centers using our Referral Program. A customer may earn up $50 for each referral. Each person that is referred to Wichita Data Centers using an existing customers referral coupon code will receive $50 off any hosting service.
- 1. Referral reward payments are paid for referred customers that remain active for at least 3 months.
- 2. Referral reward payments are paid when the referral payment reaches $150.
- 3. Referral reward payments will be paid ONLY by PayPal.
- 4. Referral discounts may not be combined with any other offer.
Wichita Data Centers, in its sole discretion has the right to discontinue the referral program at anytime, without notice.
Unless otherwise specified, Wichita Data Centers may, at its sole discretion, determine software or actions that are deemed server, network, or other abuse. We may take any actions necessary to remedy the abuse.
The following Terms of Service constitute Wichita Data Centers Billing Policy and apply to ALL Wichita Data Centers customers:
All charges are shown in US Dollars. Payments are to be made in US dollars. Wichita Data Centers accepts the following types of payment:
- Credit Card (VISA, MasterCard, American Express, Discover)
All payments are due on the Account Statement Date or earlier. The Account Statement Date is the anniversary of the date the account was activated. If you provide Wichita Data Centers your credit card information, you authorize Wichita Data Centers to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Wichita Data Centers Billing Policy in the TOS. You are responsible for directly updating, or notifying Wichita Data Centers, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Customers not paying by credit card agree to make payment of their balance due within ten (7) days of the Account Statement Date.
Accounts that are two (2) days past due will be automatically suspended. All past due and unpaid balances may be subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.
On-File Payment Method
In order for us to offer you uninterrupted service, we require a billing method to be on file at all times. The billing method may be a valid credit card or PayPal. If a valid form of payment is not available on your account, your account may be suspended until which time your account is updated with a valid payment method.
Billing Cycles (Terms)
The Billing Cycle begins on the Plan Activation Date. You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.
All additional features added to an account are charged monthly. Additional items are non-refundable.
Minimum Monthly Payment
The minimum monthly payment for any account will be $4.95 per month for the customers web hosting package. If any customer has a monthly billing setup on their account that is less then this amount, they will automatically be converted to annual billing based on their monthly payment amount. The structure will work as “Monthly billing amount” x 12 = 1 time annual payment.
In order to insure uninterrupted service to your service, all plans will automatically renew 5 days prior to the end of the plan’s Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation policy.
Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify Wichita Data Centers that you would like to cancel your account.
Wichita Data Centers does not mail paper invoices or statements. Statements can be viewed and printed through the client area.
Certain actions or requests require additional fees.
- Returned (NSF) Checks Wichita Data Centers charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.
- Reactivation Customers that wish to reactivate a closed account will be assessed a $29.95 reactivation fee. A $199.95 fee will be assessed if Wichita Data Centers restores your data files to your reactivated account.
- Hosting Plan Changes Customers electing to change to a lower priced hosting plan on the same platform will be charged a $19.95 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.
- Platform Change Customers that elect to change plans to a different operating system platform will be charged a $19.95 platform change fee.
- Professional Services Professional services are charged at $100 per hour with a 1 hour minimum.
Hosting plans will automatically renew until a plan is canceled. In order to cancel service, you must contact Wichita Data Centers customer service team. Wichita Data Centers customer service team will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Please contact our customer service team through the support area of our website by creating a support ticket.
Cancellation requests must be received by Wichita Data Centers a minimum of minimum of fifteen (15) days prior to the end of your Billing Cycle for all plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Wichita Data Centers. Wichita Data Centers is unable to cancel your account effective for a future date. Wichita Data Centers will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Wichita Data Centers as soon as possible. Your account will may not be canceled when you submit the cancelation form. Cancellation are not complete until you receive a confirmation of the termination of your account via email by a Wichita Data Centers representative.
Wichita Data Centers only excepts cancellation request via our cancelation form. Any other method of cancellation is not excepted as an exceptable form of cancelation. Any other method of cancelation request will not be considered a proper cancelation and will not be processed.
Wichita Data Centers does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Wichita Data Centers services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Wichita Data Centers Corporation reserves the right to cancel any account, at any time, without notice, for any reason Wichita Data Centers considers appropriate.
Any cancellation request that is recieved later then fifteen (15) days prior to the next billing cycle may incur renewal fees. If any renewal charges are processed, they may be refunded at Wichita Data Centers sole discretion, minus a $29.95 fee or the renewal charge; which ever is greater.
Money Back Guarantee
If you are unsatisfied with your Wichita Data Centers service for any reason within the first 30 days of service, we will gladly refund your account. The thirty (30) day money back guarantee starts from the date of the purchase as reflected on your receipt/invoice.
The money back guarantee ONLY APPLIES TO YOUR HOSTING SERVICE. The money back guarantee does NOT apply to domain registrations, setup fees, or to any other products or services.
Domain names are like property, once we have registered them for you, we can not undo the registration hence we cant offer a refund for them, this also applies to names registered incorrectly as a result of your having made a mistake during the sign-up process. Please make sure you check the name you have filled in before you proceed to make payment. If you received a domain name for free with your hosting package, and cancel your account, a $14.95 fee will be applied to compensate for the price of the domain name registration. If you request a money-back guarantee for an account that received free setup, a charge of $29.95 will be applied on to your account.
For services that offered free setup, if the service is canceled within the money back guarantee period, Wichita Data Centers may apply a setup fee. For dedicated servers, the setup fee is $100.00.
In order to qualify for the money back guarantee, you must submit your request within the initial thirty (30) days of your account to our support staff. Wichita Data Centers may take up to 30 days to process requests and send refunds.
Refunds are only available in accordance with the Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after the terms of the Money Back Guarantee policy. Wichita Data Centers may take up to 30 days to process and send refunds. We do not offer any partial refunds of any kind.
Wichita Data Centers policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
Some of Wichita Data Centers services include complementary products or other services. The complementary products or other services may not be available with certain billing cycles or promotions. Wichita Data Centers may, at its sole discretion, determine what packages, billing cycles, and other terms are applicable for complementary products and services.
Website / Content Transfers
Neither free or paid transfer services carry any guarantee.
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. We will not attempt transfers larger then 10GB.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
The Digital Millennium Copyright Act (”DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All Wichita Data Centers customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Wichita Data Centers customer (per the DMCA) to Wichita Data Centers must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Wichita Data Centers sole discretion.
DMCA Copyright Infringement Notification Requirements:
- Physical or electronic signature of the copyright owner or a
person authorized to act on the copyright owner’s behalf (the “Claimant”).
- Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material claimed to infringe the copyright(s), and enough information for Wichita Data Centers to locate it including URLs and specific descriptions of the infringing material at each URL.
- The Claimant’s name, address, and telephone number(s).
- A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
- A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
- Send the notification via email to: legal@Wichita Data Centershosting.com
The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.
Wichita Data Centers is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Wichita Data Centers will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
In the event that Wichita Data Centers must remove, or disable access to, material on your web site that is alleged to infringe another’s copyright under the DMCA, you acknowledge and agree that Wichita Data Centers may do so by disabling access to your entire web site.
DMCA Counter Notification Requirements:
- Physical or electronic signature of the Customer (ie., allegedly infringing web site’s owner) or a person authorized to act on the Customer’s behalf.
- Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material claimed to infringe the including URLs and specific descriptions of the infringing material at each URL.
- The Customer’s name, address, and telephone number(s).
- A statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled or is a result of a mistake or misidentification.
- A statement that the Customer consents to the jurisdiction of Federal District Court for the judicial district in which the
Customer’s address is located, or if the Customer’s address is outside the U.S., for any judicial district in which the service provider may be found, and that the Customer will accept service of process from the complainant (or agent thereof).
- Email the counter notification to .
The use of Wichita Data Centers services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Wichita Data Centers is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Wichita Data Centers is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Wichita Data Centers urges its customers to assume that all of their on-line communications are insecure. Wichita Data Centers cannot take any responsibility for the security of information transmitted over Wichita Data Centers facilities. Additional details on privacy and Wichita Data Centers use of customer information can be found in Wichita Data Centers Privacy Statement.
Customers are required to use the Wichita Data Centers network responsibly. This includes respecting the other customers of Wichita Data Centers. Wichita Data Centers reserves the right to suspend and/or cancel service with any customer who uses the Wichita Data Centers network in such a way that adversely affects other Wichita Data Centers customers. While Wichita Data Centers may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Wichita Data Centers does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOS. However, when Wichita Data Centers becomes aware of any violation of the TOS or other user agreements, Wichita Data Centers may take any action to stop or correct such violation, including, but not limited to, denying access to Wichita Data Centers services and equipment or to the Internet. In addition, Wichita Data Centers may take action against a customer or a customer of such customer because of the activities of such customer. Wichita Data Centers anticipates that customers who offer Internet services will cooperate with Wichita Data Centers in any corrective or preventive action that Wichita Data Centers deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Wichita Data Centers policy and Wichita Data Centers reserves the right to take any such action even though such action may affect other customers of the Wichita Data Centers customer.
Actions Taken by Wichita Data Centers
The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. Wichita Data Centers will be the sole arbiter as to what constitutes a violation of the TOS. Wichita Data Centers reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Wichita Data Centers becomes aware of an alleged violation of its TOS, Wichita Data Centers will initiate an investigation. During the investigation, Wichita Data Centers may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Wichita Data Centers may, at its sole discretion, restrict, suspend, or terminate a customer’s Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Wichita Data Centers will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Wichita Data Centers does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Wichita Data Centers.
Wichita Data Centers customers agree to protect, defend, hold harmless, and indemnify Wichita Data Centers, any third party entity related to Wichita Data Centers (including, without limitation, third party vendors), and Wichita Data Centers executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Wichita Data Centers services.
The Wichita Data Centers service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Wichita Data Centers expressly disclaims any representation or warranty that the Wichita Data Centers service will be error-free, secure or uninterrupted. No oral advice or written information given by Wichita Data Centers, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Wichita Data Centers and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Wichita Data Centers may immediately terminate provision of Wichita Data Centers services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Wichita Data Centers in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Wichita Data Centers (INCLUDING, WITHOUT LIMITATION, Wichita Data Centers EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Wichita Data Centers SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR Wichita Data Centers SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Wichita Data Centers SERVICES EVEN IF Wichita Data Centers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Wichita Data Centers TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR Wichita Data Centers SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Wichita Data Centers OR Wichita Data Centers REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Wichita Data Centers may, without notice to customer, discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Wichita Data Centers services. Certain changes to Wichita Data Centers services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and Wichita Data Centers is not liable, for any and all such personalized applications and content.
Customer Data / Backup of Data
Customers are solely and entirely responsible for their data and backup of their data, and Wichita Data Centers is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Wichita Data Centers services.
For its own operational efficiencies and purposes, Wichita Data Centers from time to time backs up data on its servers, but is under no obligation or duty to customers to do so under these Terms. IT IS SOLELY CUSTOMERS’S DUTY AND RESPONSIBILITY TO BACKUP CUSTOMERS FILES AND DATA ON Wichita Data Centers SERVERS, AND under no circumstance will Wichita Data Centers be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Customers FILES AND/or data on any Wichita Data Centers server.
For services that are offered as Backup products, Wichita maintains the facility and equipment to allow a customer to keep a repository of their data. The customer is responsible for maintaining the files and congruency of that data. It is considered a secondary copy and not a primary repository and should never be considered the a primary storage of critical data.
Third Party Licenses
Wichita Data Centers makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, Wichita Data Centers makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Wichita Data Centers specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Wichita Data Centers liable in any way for the revocation of any license, which has been licensed to Wichita Data Centers. The use of the Technologies obtained from or through Wichita Data Centers, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Non-Wichita Data Centers Products
Any mention of non-Wichita Data Centers products by Wichita Data Centers, its employees, or any third party entity related to Wichita Data Centers is for information purposes only and does not constitute an endorsement or recommendation by Wichita Data Centers. Wichita Data Centers disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Wichita Data Centers products or services.
Wichita Data Centers Intellectual Property
Customers will not, without Wichita Data Centers express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Wichita Data Centers Web site, and customers will not use any of Wichita Data Centers trademarks, service marks, copyrighted materials, or other intellectual property without Wichita Data Centers express written consent. Customers will not, in any way, misrepresent their relationship with Wichita Data Centers, attempt to pass themselves off as Wichita Data Centers, or claim that customers are Wichita Data Centers.
Customers may not assign or delegate their rights or obligations under the TOS or other agreement for Wichita Data Centers services, either in whole or in part, without the prior written consent of Wichita Data Centers.
Minimum Age Requirement
Wichita Data Centers customers must be at least 18 years of age. Any individual under the age of 18 years (”Minor”) must have a parent or guardian accept the TOS in order for the Minor to become a Wichita Data Centers customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for Wichita Data Centers services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Wichita Data Centers express written consent to the contrary. Any acceptance of the TOS or any other agreement for Wichita Data Centers services will be deemed null and void to the extent that Wichita Data Centers will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of Wichita Data Centers services.
Governing Law and Severability
The TOS, and any other agreement for Wichita Data Centers services, will be governed by and construed in accordance with the laws of the State of California, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Wichita Data Centers will take place in California, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other Wichita Data Centers agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
Wichita Data Centers will not be liable for delays in its performance of the TOS or Wichita Data Centers services caused by circumstances beyond Wichita Data Centers reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). Wichita Data Centers will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due .Waiver and Amendment Any waiver, modification, or amendment of any provision of the TOS or other agreement for Wichita Data Centers services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Wichita Data Centers.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Wichita Data Centers and its customers. Each of Wichita Data Centers and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
Complete Agreement and Exclusivity
The TOS, and/or any other specific agreement for Wichita Data Centers services, constitutes the complete understanding and agreement between Wichita Data Centers and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Wichita Data Centers, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for Wichita Data Centers services is between Wichita Data Centers and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Wichita Data Centers.
Third Party Providers
You agree that certain services may be provided by third party providers of Wichita Data Centers and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.
Wichita Data Centers Website Content
Wichita Data Centers is not responsible for any incorrect or outdated information contained on Wichita Data CentersHosting.com, support.Wichita Data Centershosting.com, secure.Wichita Data Centershosting.com, as well as any other website owned by Wichita Data Centers. Any incorrect or outdated information needs to be brought to the attention of the staff.
For domain name registration services where a third party provider is named in your place (“Proxy Services”), you agree that if Wichita Data Centers or the third party provider does not receive a response to a communication sent to you within 48 hours of such communication being sent, then the sender of such communication may, at its sole discretion, suspend or terminate the Proxy Services. If Wichita Data Centers provides the particular Proxy Services, then Wichita Data Centers reserves the right to suspend or terminate any or all of the services provided to you entirely in such event.
Wichita Data Centers reserves the right to immediately suspend, terminate, transfer, or modify your domain name registration for reasons including (i) your breach of this Agreement, (ii) your use of the domain name registration services in a manner that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet industry, including sending mass unsolicited commercial advertisements or otherwise spamming, making or sending threats, harassment or obscenities, (iii) your use of the domain name registration services in connection with unethical activity, (iv) Wichita Data Centers receipt of an order from a court of competent jurisdiction or an arbitration award, or (iv) any other grounds that impose a legal risk to Wichita Data Centers as determined at its sole reasonable discretion. You agree that you shall not receive any refund whatsoever for any such suspension, termination, transfer, or modification to your domain name registration.
Any terms or other materials contained in the Wichita Data Centers Terms of Service may be changed at anytime without notice.