Terms Of Service
Terms Of Service & Acceptable Use Policy
All you need to know about the Rights & Obligations between You and Us ..
Welcome to WizardPig
Upon signing up for or reselling WizardPig services, all customers agree to comply with WizardPig Terms of Service. The spirit of this policy is to ensure that our customers are using WizardPig services with due regard to the rights of other customers and in conformity with the requirements of WizardPig network environment.
WizardPig customers are privileged to be offered high limits of disk space, monthly bandwidth and/or other resources, such as email or FTP accounts.
The intention of WizardPig is to provide enough resources for customer convenience, so that customers will never worry about exceeding limits
Terms of Service key points:
- Your hosting account should be used for lawful purposes only. It cannot be used for providing, promoting, or linking to contents in violation of any applicable law or regulation.
- WizardPig is a web hosting provider offering only web hosting services, not data storage services, thus your hosting account should not be used as an off site storage area for electronic files or a backup of your PC or for file serving downloads.
- In general, Sites that should be hosted on a dedicated server due to their heavy demand of resources (such as, but not limited to, CPU time, memory usage, disk I/O, network resources.) cannot be hosted on our shared hosting plans.
- Shared hosting customers are not allowed to resell or share their allotted disk space, bandwidth or any other service provided to them. If you wish to resell, you must use a reseller account.
- You agree to take full responsibility for files and data transferred and to maintain all appropriate off site backup of files and data stored on WizardPig servers. WizardPig will not be held responsible for any data loss from your account.
Inaccurate or Unreliable 'Personal' Data
As part of the registration process, you are required to Provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:
- Your name, postal address, e-mail address and telephone number,
- The name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation,
You hereby represent and warrant that the data provided is true, correct, up to date and complete, and that you will continue to keep all the information provided up to date.
You Acknowledge that, WizardPig is not an Anonymous Service Provider.
Personal Data provide to us, must be correct, accurate and up-to-date.
Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond to our inquiries concerning the accuracy of your contact details associated with any hosting order(s) or the registration of any domain name(s) registered by or through you, shall constitute a breach of this Agreement, in this case, your order(s) will be canceled and you'll receive a partial refund for the remaining period of your order or a full refund - if your order was not activated - minus a $50.00 administration fee.
1. Illegal and Prohibited UseWizardPig 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 or constitutes an illegal threat.
- Adult Contents (Legal/illegal).
- Child Pornography.
- IRC Bots or Servers (IRCD).
- Alcoholic drinks.
- MP3 Sharing.
- File Sharing or Peer to Peer Activities.
- BitTorrent Applications, Trackers, or Clients.
- Cigarettes and Smoking.
- Proxy Scripts or Anonymizers.
- Pirated Software or Warez.
- Illegal Sharing of Passwords.
- Sites promoting illegal activities
- Cracks, Serials or other related contents.
- Escrow Services.
- High Yield Interest Programs (HYIP) or related sites.
- Investment Sites 'e.g. FOREX'.
- AutoSurf Sites.
- Ponzi or Pyramid schemes.
- Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs.
- Lottery Sites.
- Multi-User Dungeon, Domain or Dimension (MUDs).
- Role-Playing Games (RPGs).
- Gaming Servers.
- Hate sites.
- Hacker focused sites/archives/programs/groups.
- Spamming - UCE (Unsolicited Commerce Email)
Sending of unsolicited mass email from or through WizardPig servers or using an email address that is maintained on an WizardPig machine is STRICTLY prohibited. WizardPig will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a WizardPig server, or if they sell or distribute software on their web site that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate termination.
- Copyright Violations
It is the responsibility of the client to ensure that all information within their account is their own work. Due to distribution rights of shareware programs, clients may not distribute freeware software programs unless the programs are their own work. Clients agree to indemnify WizardPig of any possible litigation involving trademark or copyrighted materials. Client agrees not to modify any copyright notices in features (Perl programs, etc.) provided by WizardPig. Modification of scripts provided by WizardPig without written permission is strictly prohibited.
- Undermining or Compromising System or Network Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, 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 Services, DDoS, Smurf and other service attacks started against your web site will be considered in violation of our network security, and your account will be subject to immediate termination
WizardPig reserves the right to refuse providing services to anyone. Any material or action that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
2. Disk Usage ProvisionA web hosting provider is a type of Internet service provider that offers individuals and organizations the opportunity to host their own websites, which may consist of stored information, images, video, or other content accessible via the World Wide Web.
A Storage Service Provider (SSP) is a company that provides computer storage space and related management services for periodic off site backup and archiving purposes.
WizardPig is a web hosting provider offering only web hosting services, not data storage services.
With that being said, Shared hosting accounts found to be using their disk space for off site storage, backup or archiving purposes are subject to account termination at the discretion of WizardPig management, with or without prior notice.
3. Resources Fair Usage
Shared hosting is by definition, Sharing server(s) resources between several small to medium-sized internet-based business that do not require customized programs or installations.To that end, WizardPig enforces a strict policy on resource usage that all shared accounts must abide by. In order to keep our servers running at optimal levels, 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 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 to a dedicated server plan.
WizardPig shall 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.
It is acknowledged by our shared hosting customers that sites demanding heavy resources such as, but not limited to, CPU time, memory usage, disk I/O and network resources cannot be hosted on our shared hosting plans and should be hosted on a dedicated server.
The following sites are an example of sites that cannot be hosted on our shared hosting plans and we recommend hosting them on a dedicated server(s) :
- Chatting Sites.
- Either free or paid email service providers.
- Video Sharing Sites or Sites mainly used for Streaming Media.
- Image Hosting or Sharing Sites.
- Sites mainly used for Software Distribution.
- Sites with large forums and/or databases which are generally not suited to a shared server environment.
- High CPU-use CGI Scripts - CGI script sharing with domains not hosted by WizardPig is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. If your web site has been shut down at another web host for high CGI resource use, you will certainly be shut down here as well. We will not allow a user's web site to affect the other web site owners on our shared servers. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
- CGI-based Chat Rooms - WizardPig does not allow customers to install their own CGI-based chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option.
- CGI-based Forums - WizardPig does not allow customers to install their own CGI-based Forums. YaBB and Ultimate Bulletin Board Forums tend to require significant system resources and therefore cannot be permitted. WizardPig recommends vBulletin or phpBB.
- Background Running Programs and Cron Jobs - WizardPig may allow programs to run in the background. These programs will be considered on an individual basis. Customers will not be allowed to execute a cron more then once per hour. and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact us to arrange set-up.
- IRC - WizardPig does not allow IRC, IRCD or IRC bots to be operated on any of our servers.
- Hotlinking - WizardPig does not allow hotlinking of any kind (whether hosted by WizardPig or hosted elsewhere). This includes using your site to host images or content that is being used in HTML e-mails sent in bulk. Linking your images from auction sites like eBay is the only exception to this rule.
- Bulk Mailing - WizardPig allows a maximum of 60 legitimate emails per hour and up to a total of 1440 legitimate emails per day to be sent from any of our shared hosting accounts. If you do send more than 1440 of legitimate e-mail per day, your account will be placed on hold for Network Abuse.
- Software Distribution - WizardPig shared 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 us to make special arrangements
4. ResellingShared hosting accounts are to be used by the primary owner only. Shared hosting account holders are not permitted to resell, offer or give access - even for free - to allotted disk space, bandwidth, mail services, mail forwarding capabilities, POP accounts, auto responders or CGI scripts installed on our servers to other parties. If you wish to resell hosting you must use a reseller account.
You must not share your username or password with any other person, and you should take reasonable precautions to ensure that other people do not discover it.
WizardPig may allow customers to host more than one domain name on a single shared account under the condition that all domain names are fully owned by the customer and are registered under a single ownership name and that the administrator email and address matches on every domain name. WizardPig will remove a domain name that is found to be under a different ownership name and/or administrator email and/or address from the one that is originally registered by the customer without any prior notice.
5. Data BackupYour use of the service is at your sole risk. WizardPig is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate off site backup of files and data stored on WizardPig servers. WizardPig will not be held responsible for any data loss from your account. You agree that it's your responsibility to backup the data from your account.
6. Force MajeureWizardPig shall not be in default of any obligation if the failure to perform the obligation is due to any event beyond WizardPig's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
7. PaymentsFees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly, quarterly, semi-annually or annually, beginning on the order date. WizardPig will invoice the customer via electronic mail to the primary customer contact listed on the order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 7th day following invoice date, but in no event earlier than the first day of each billing cycle.
WizardPig may suspend the service without notice if payment for the service is overdue. Customer agrees to pay WizardPig's reasonable reinstatement fee following a suspension of service for non-payment, and to pay WizardPig's reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
8. Suspension of ServiceCustomer agrees that WizardPig may suspend services to Customer without notice and without liability if :
- Payment for the service is overdue.
- WizardPig reasonably suspects that the services are being used in violation of the Terms of Service.
- WizardPig reasonably believes that the suspension of service is necessary to protect its network or its other customers.
- Requested by a law enforcement or regulatory agency.
WizardPig customers agree to indemnify and hold harmless WizardPig from any claims resulting from the suspension of their services that damages them or any other party.
9. Termination of ServiceCustomer agrees that WizardPig may terminate services prior to the expiration of the Initial Term or any Renewal Term without notice and without liability if :
- Payment for the service is overdue for more than 7 days.
- WizardPig reasonably believes that the services are being used in violation of the Terms of Service.
- Customer fails to cooperate with any reasonable investigation of any suspected violation of the Terms of Service.
- WizardPig reasonably believes that the termination of service is necessary to protect its network or its other customers.
- Requested by a law enforcement or regulatory agency.
10. Cancellation and RefundsAccounts cancelled, suspended or terminated by WizardPig for violating our Terms of Service do not qualify for any refund, either in partial or in full. For example, if your account is cancelled due to spamming, you will not be given any refund.
WizardPig reserves the right to refuse, cancel, or suspend service at our sole discretion at any time. If the customer was not in violation of any of our Terms of Service, the customer will be entitled to a refund based upon the remaining period of service.
Customers may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled. No refunds will be given unless the cancellation falls within the terms of WizardPig's 30 Day Money Back Guarantee.
11. 30 Day Money Back GuaranteeAll shared web hosting plans includes a 30 day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus setup fees and overage charges, if any.) if you cancel your account within 30 days of the activation of your account.
Our refund policy does not apply to any additional items or services; this includes but is not limited to Domain Name Registration, Web Forwarding, Reseller Accounts/Reseller Hosting Products, Dedicated Servers, Custom Programming, Web Design or any admin or upgrade fees.
No refunds are available after 30 days. Any request for cancellation must be received via our clients' area and you will receive a confirmation upon the cancellation of your account.
Accounts cancelled, suspended or terminated by WizardPig for violating our Terms of Service do not qualify for the 30-day money back guarantee.
12. 99.9% Network Uptime GuaranteeWizardPig guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. However, we cannot be held responsible for upstream problems outside of our network and areas where WizardPig has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Registrar problems with subscribers' domain names, routing problems between clients' location and our data center.
WizardPig will guarantee 99.9% WizardPig network uptime and 99.9% network stability uptime. This, however, does not refer to :
- Scheduled Downtime.
- Server Hardware Breakdown.
- User error(s) or purposeful interruption(s).
- Failures due to software that is not explicitly supported by WizardPig. Consequently, if a hardware crash provoked by the customer happens, WizardPig has no responsibility for the resulting downtime.
13. Report Abuse PolicyWizardPig takes violations of our Terms of Service and abuse seriously.
If you want to report the abuse of our services including, but not limited to; illegal activity, the exploitation of children, spam, phishing and malware, please use our support center to notify us and we wil take swift actions.
14. DMCA PolicyIf you believe your copyright-protected work was abused by an account or a domain name hosted with us, without your authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner's behalf.
The fastest and easiest way to notify us of alleged copyright infringement is via our support center.
If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process.
Do not make false claims. Misuse of this process may result in legal consequences.
Actions Taken By WizardPigThe failure by a customer to meet or follow any of the above Terms of Service is grounds for account termination. WizardPig will be the sole arbiter as to what constitutes a violation of the Terms of Service. WizardPig reserves the right to remove any account without prior notice. When WizardPig becomes aware of an alleged violation of its Terms of Service, WizardPig will initiate an investigation. During the investigation, WizardPig may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, WizardPig 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, WizardPig will notify the appropriate law enforcement authorities of such violation.
WizardPig does not issue credits for outages incurred through service disablement resulting from Terms of Service violations.
WizardPig customers agree to indemnify and hold harmless WizardPig from any claims resulting from the use of our services that damages them or any other party.
The WizardPig 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. WizardPig expressly disclaims any representation or warranty that the WizardPig service will be error-free, secure or uninterrupted. No oral advice or written information given by WizardPig, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. WizardPig 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.
WizardPig reserves the right to add, delete, or modify any provision of its Terms of Service at any time without notice.
- WizardPig Team