Terms of Service

These Terms of Service ("Terms of Service") set forth the terms and conditions for which you are bound when utilizing WitterNet or any of the WitterNet products and/or services.

The use of services and/or products from WitterNet constitutes acknowledgement and acceptance of these Terms of Service.

As used herein the terms "You", "Your" and "User" shall include any and all clients, customers, users, buyers, subscribers, purchasers and affiliates. Additionally, the terms "We", "Our" or "Us" shall refer to WitterNet.

WitterNet, in its sole discretion, may modify and revise these Terms of Service, and any other policies or agreements, at any time, with or without notice. 


1.) Authorization and Access

Products and services offered through WitterNet are only available to individuals and entities that can form legally binding contracts under the applicable law. In using WitterNet or any of the services that we provide, you represent and affirm that you are of legal age and/or warranted as being able to form legally binding contracts under applicable law.

If you are accessing or using WitterNet or any of its services and/or products as a representative of an (corporate) entity, you affirm that you have the legal authority to bind such entity to these Terms of Service. WitterNet shall not be held liable for any loss or damages as a result of our reliance on information, instructions, notice, or any other communication believed by us to be a genuine transmission from a representative of your entity. If there is a reason to doubt the authenticity of a transmission to us by you, we reserve the right to further verify through additional authentication from you. 


2.) Accounts and Registration

Accounts are setup after all payment data used to purchase products and/or services is verified and deemed accurate. To ensure proper contact and reception of notifications, we require that you routinely update and verify the email address associated with your account.

The credit card holder or owner of the Paypal email address which is utilized to submit payments for an account is designated as the owner of the account.

As the account owner, you are responsible for all changes to your account and maintaining the security of your information. All data transmitted via your account is your absolute responsibility. Data includes, but not limited to files or databases uploaded to any accounts that you hold with WitterNet, queries or commands executed on an account, information provided to us for account creation and/or message transmissions to us. 


3.) Billing and Payments

After the initial setup and provisioning of an account, invoices for recurring services are automatically generated several days before a bill is due. You agree to supply payment for each invoice on your account by the due date. All services will continue to be billed and charged to associated payment methods unless you notify us of cancellation.

Cancellation of a service will result in complete termination and removal of data, related to the cancelled service, from our servers. To cancel a service received from WitterNet, you must access your account panel and submit a cancellation through a designated form, ticket or through the option to cancel when viewing your services. After submission and processing of your cancellation, we will confirm in writing via email. At our discretion, we may attempt to contact you for verification purposes.

As a user of WitterNet, it is your responsibility to ensure that your payment information is up to date, and that any and all invoices generated will be paid on time. WitterNet provides a ten day grace period (as a courtesy) from the due date indicated on the invoice for web hosting, reseller web hosting, game redirect hosting, and voice communications hosting. If an invoice is outstanding for five days and not paid in full, a non-refundable late fee of $3 will be incurred and the service(s) shall be suspended. The $3 late fee is in addition to all other fees or balances within your account. Access to suspended services cannot be restored until payment has been received and confirmed.

Game servers hosted through WitterNet have a five day grace period (as a courtesy) from the due date indicated on the invoice(s). However, if a game server invoice is outstanding after one day, then the service for which the invoice is generated will be suspended. A non-refundable late fee of $3.50 will be applied to the invoice on the third day after due date. Four days (in our sole discretion) are given after suspension to supply payment. If by the fifth day a balance for the invoice remains outstanding, the service will be cancelled and terminated in its entirety from the WitterNet servers. The $3.50 late fee is in addition to all other fees or balances within your account. Access to suspended services cannot be restored until payment has been received and confirmed.

Dedicated servers hosted through WitterNet are not accompanied with a grace period and must have payments supplied for those services by the due date. Failure to supply payment by the due date will result in immediate termination and complete removal of data from our server platforms. Termination of our dedicated services cannot be reversed. WitterNet, in its sole discretion may offer a grace period for clients at its choosing. However, there is no guarantee that a grace period will be offered to any client. If such a grace period should be offered, we reserve the right to charge a non-refundable fee not to exceed $150.

Domain registrations and transfers provided by WitterNet come with no guarantee. Domain renewals are the responsibility of the account holder. Renewal invoices are automatically generated 60 days before the expiration date of the domain. If payment is not submitted by the expiration date, the domain enters a redemption period and will be subject to additional fees not to exceed $250. WitterNet will not be held liable for any loss of domains.

Any payments or accidental payments made in excess of invoice balances or account balances can only be added as a credit to the account holder. Refunds will not be granted.

WitterNet reserves the right to change all prices, fees and/or charges at anytime with or without notice.

4.) Refunds and Cancellations

Cancellations can occur at your choosing, for lack of payment or by our staff for abuse of services or WitterNet staff.

Account holders may cancel web hosting, reseller web hosting and game server redirect hosting within 30 days for a refund. After 30 days, web hosting, reseller web hosting, and game server redirect hosting services can only be cancelled at the end of the billing month on a prorated basis for unused portion. If prepaid for a period of more than two months in advance, you will be refunded payment minus the charges for depleted usage at the regular price. Cancellations must be requested via the designated form, a ticket or by the service panel for desired service to be cancelled.

Account holders may cancel game servers and voice chat servers within 7 days for a refund. After 7 days, game servers and voice chat servers  can only be cancelled at the end of the billing month on a prorated basis. If prepaid for a period of more than two months in advance, you will be refunded payment minus the charges for depleted usage at the regular price. Cancellations must be requested via the designated form, a ticket or by the service panel for desired service to be cancelled.

WitterNet does not offer refunds on dedicated servers, domain registration, domain transfers, web design, graphical design, scripting, programming, late fees, administrative fees, installation fees, or management fees.

All payments submitted through check or money order are non-refundable, but will post as a credit to the account holder instead.

Refunds will not be given for cancellations due to abuse of services, abuse of staff members, or violations of the Terms of Service.

WitterNet reserves the right to amend, cancel, suspend, or refuse access to an account at any time with or without notice.

5.) Money-Back Guarantee

WitterNet offers:

30 day money-back guarantee on web hosting, reseller web hosting, and game server redirect hosting.

7 day money-back guarantee on game servers and voice chat servers.

WitterNet does not offer a refund guarantee on dedicated services, domain registration, domain transfers, web design, graphical design, scripting, programming, late fees, administrative fees, installation fees, or management fees.

Please refer to section 4 (Refund and Cancellations) for more information.

WitterNet reserves the right to refund prorated amounts or no refunds at all.

6.) Backups and Redundancy

WitterNet backs up all web hosting, reseller web hosting, and game server redirect hosting in frequent intervals.

Backups are made in intervals of one week. Each backup overwrites the existing backup from the week before.

All backups made are to ensure the integrity and data of each WitterNet server.

All data and files transmitted to or through a WitterNet service is the account holder's responsibility. The Account holder must maintain all relevant backup of his/her data stored on WitterNet servers.

WitterNet is not responsible for any data or files transferred through an account holder's service.

7.) Access, Content and Usage

Services provided by WitterNet may only be used for lawful purposes.

The use of our services to infringe upon copyrighted or trademarked material is strictly prohibited. Such material includes but is not limited to the unauthorized copying of music, books, videos, photographs, images, phrases, or any work that is controlled by licensing for which you do not possess. Storing, selling or transferring such material will result in the immediate termination of your account.

- a.) All Services

While using any WitterNet services, you agree not to do any of the following:

- Engage in any activities deemed illegal under law

- Attempt to gain access to any accounts other than those owned by you

- Transmit or provide redirection for pirated or stolen software

- Sell or handle controlled substances without prior proof of appropriate permit(s)

- Operate a gambling infrastructure or lottery based interactive application

- Promote or encourage hacking groups, websites or programs

- Commit any fraudulent activities (phishing, spoofing, identity theft, banking schemes)

- Store copyrighted, trademarked, or licensed material for which you do not own the rights

- b.) Web Hosting, Reseller Web Hosting, and Game Server Redirect Hosting

These are specific functions that are prohibited on all WitterNet Web Hosting, Reseller Web Hosting and Game Server Redirect based hosting.

- IRC Scripts/ Bots

- Proxy scripts/ anonymizers

- Installing and using file storage based scripts (image and file hosting websites)

- Offering websites that encourage users to click on advertisements

- IP Scanners and Exploits

- Brute-forcing scripts, programs and applications

- Mail bombers and spam scripts

- Store files and/or provide mirrors for other websites

- Commercial streaming of audio or video (resource limitation)

- Forums or communities that distribute links or references to illegally oriented websites

- Sharing or running torrents/trackers

- Participating in peer to peer activities

- Excessive usage of shared resources

File storage and mirroring services are prohibited on shared hosting accounts. You may not use your web hosting account as a backup service for personal files. All files must be legally owned material that is served through your website.

Only space included with our Reseller Hosting plans may be resold. Regular Web Hosting packages may not be resold.

- c.) Game Servers

These are specific functions that are prohibited on WitterNet hosted Game Servers.

- Unauthorized modifications that cause CPU spiking

- Altering files to increase server slots

- Using server to act as slave server or bandwidth hog

- Overloading server with bots and commands

- d.) Dedicated Hosting

These are specific functions that are prohibited on all WitterNet Dedicated Hosting services.

- IRC Scripts/ Bots

- All Illegal activities

- Spamming

- Sending mass pinging or commands to any IP

- Transferring, copying or storing copyrighted material

- Sharing or running torrents/trackers

WitterNet services, including access to hardware, networks, network devices, panels and platforms are provided only for the use of authorized customers. WitterNet accounts and services provided to you may be monitored for all lawful purposes, including to ensure that use is authorized, for administration of all systems, to facilitate procedures against unauthorized access, and to ensure operational integrity. During the process of monitoring our systems, certain information may be examined, duplicated, and recorded for official purposes. Using WitterNet or any services that it provides constitutes consent to monitoring for such purposes.

WitterNet reserves the right to refuse service to anyone at any time. All material that is considered obscene, threatening, illegal, or violates these Terms of Service in any fashion may be removed from our servers and platforms, with or without notice.

8.) Abuse - Zero Tolerance

WitterNet is an internet service provider that offers various hosting platforms for individuals to publish their content. We are not the publishers of the content hosted on an individual's hosting account. All content hosted through our platform is the sole responsibility of the associated account holder. WitterNet cannot be held liable for any content that is hosted through our service.

Resellers are responsible for all accounts under their management. It is the resellers responsibility to ensure that all hosted accounts are in compliance with these Terms of Service.

9.) Resource Usage

You are provided with a specified amount of space and bandwidth. The amount depends on the purchased plan of your choosing. If your account should pass the maximum alloted resources, we reserve the right to suspend your account or assess additional fees. Resources do not carry over from month to month.

10.) Indemnification

Account holder agrees to defend, indemnify and hold harmless WitterNet and its officers, employees, staff, and agents from any and all demands, losses, liabilities, fees, suits, actions, proceedings, damages and expenses of every kind including, without limitation, reasonable attorneys’ fees imposed upon or incurred by WitterNet directly or indirectly as a result of your use of and access to our services, copyright infringement, material provided by an account holder that violates applicable law and any injury caused by a product or service from WitterNet.

11.) Governing Law; Waiver of Trial By Jury

These Terms of Service shall be governed in accordance with United States federal law and the state law of Maryland, whichever is applicable. Account holder agrees that any action relating to or arising from these Terms of Service shall be brought forth in the state or federal courts of Baltimore City, Maryland, and you consent to jurisdiction and venue in the state and federal courts of Baltimore City, Maryland. Account holder agrees to waive the right to trial by jury in any action or proceeding that may arise from these Terms of Service.

12.) Limitation of Liability

IN NO EVENT SHALL WITTERNET, ITS OFFICERS, EMPLOYEES, STAFF, OR AGENTS BE HELD LIABLE TO YOU OR ANY OTHER PARTY OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PARTICULAR, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT COULD RESULT FROM (a) ACCURACY, MISREPRESENTED INFORMATION, WHOLENESS, OR ANY MATERIAL PROVIDED FROM WITTERNET, (b) SERVICES PROVIDED BY WITTERNET OR REFERRED BY WITTERNET, (c) PERSONAL INJURY OR DAMAGE OF ANY KIND, (d) ANY UNAUTHORIZED ACCESS OR USAGE OF OUR SERVERS AND/OR ANY AND ALL MATERIAL, PERSONAL INFORMATION, FINANCIAL DATA OR ANY OTHER DATA STORED WITH US, (e) DISRUPTION OF SERVICE, (f) ALL HARMFUL VIRUSES, TROJANS, WORMS, BUGS, CODES WHICH COULD HAVE BEEN TRANSMITTED THROUGH WITTERNET, (g) AND ANY USER CONTENT THAT MAY BE SUGGESTIVE OF DISRESPECTFUL OR ABUSIVE DEMEANOR.

13.) Disclaimer

WitterNet makes absolutely no warranties of any kind, expressed or implied for any services that we provide. WitterNet shall not be responsible for any loss of data or money resulting from downtime of provided services by WitterNet.

14.) Legal Disclosure

WitterNet will cooperate entirely with all law enforcement agencies. Only upon lawful request will WitterNet disclose any information provided from a user's account.

WitterNet reserves the right to make changes to any of its policies at any time for whatever reason, with or without notice.