Terms of Service
In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services, we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term “services” refers to the web hosting and other services that we will provide to you and if you are an Affiliate, the services we provide to you in connection with that program. The term “WALT Labs” or “us” or “we” refers to WALT Labs.
Permission to host your content
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website. Please note that even though you upload a copy of your content to our servers, you must always retain a back-up copy of your content, databases, and other web-files, as in effect from time to time, so you can reload them in the event of any technical issues, such as server problems, technical or system-related issues, loss of that content from our servers, etc.
When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third-party (other than a company that may purchase WALT Labs), and will take reasonable steps to keep it from being disclosed to any third party.
Please address any questions, comments, and requests regarding our data processing practices to Support.
We will make every attempt to retain nightly backups for our shared & reseller hosting services. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic.
Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups. WALT Labs shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site. The user is solely responsible for making back-up copies of the User Web site and User Content.
WALT Labs cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a back-up of a Web site will always be available. Users should always keep up-to-date copies of all such materials and content to a local computer and WALT Labs strongly suggest that Users regularly make additional copies (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of such files, content or materials.
Acceptable Use/Illegal Activity
WALT Labs strives to maintain a high level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
- Hacking, this includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card “phishing” techniques are also prohibited.
- Hosting of files or other data that infringes on another’s copyright or other intellectual property rights.
- Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
- Uploading or linking to any content that violates another’s right of publicity or privacy.
- Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory;
- Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
- Hosting large amounts of data not specifically tied (“linked”) to your hosting account. WALT Labs encourages users looking for file storage/backup solutions to seek other services that specialize in this.
All services provided by WALT Labs may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless WALT Labs from any claims resulting from the use of our services.
The use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please contact our Abuse Team with the information required to prove you as the rightful owner.
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez/Torrents, affiliate servers, top sites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), Auto Surf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers, and Spam Scripts. Forums and or websites that distribute or link to Warez/Torrent content are prohibited.
Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any WALT Labs server(s).
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
Pirated Software / Warez/Torrents, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), Auto Surf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers, and Spam Scripts. Forums and or websites that distribute Warez/Torrent content are prohibited. Gameservers (e.g., Minecraft) are prohibited on our servers due to the level of CPU abuse we’ve seen originating from them. Utilizing QEMU to run Windows on OpenVZ is prohibited. Services that utilize CPU idle time such as Folding@Home are strictly forbidden.
WALT Labs services, including all related equipment, networks, and network devices are provided only for authorized customer use. WALT Labs does not monitor or prescreen content that customers post on their websites. Further, WALT Labs does not systematically monitor the content that is submitted to, stored on or distributed or disseminated by User via the Service (the “User Content”). However, at our discretion from time to time, systems usage may be monitored for all lawful purposes, including ensuring that use is authorized and in compliance with our terms and conditions and standards, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During usage monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of WALT Labs system(s) constitutes consent to such system monitoring for these purposes.
However, any material that, in our judgment, could be considered adult content, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 24 hours.If in doubt regarding the acceptability of your site or service, please email our Abuse department and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
We will suspend the site in question and will notify you so you may terminate the account. Failure to comply with our terms and conditions or with any notice we send to you may result in the immediate termination of your account.
Your services will be suspended/terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When, if at all possible, set permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. All files over 10MB must be linked from files within the same account and also publicly available through any domain name attached to your account. Large files (files over 10MB) should not take up more than 40% of the data on your hosting account.
Zero Tolerance Spam Policy
We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account suspended or terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. WALT Labs reserves the right to require changes or disable as necessary any web site, account, database, or another component that does not comply with its established policies or to make any such modifications in an emergency at its sole discretion. WALT Labs reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee. This cost of the cleanup fee is entirely at the discretion of WALT Labs.
As a measure to prevent the use of our services to spam, we block port 25 on all servers. We are happy to remove the block if you simply contact our support and explain what you will be using it for. This measure is to ensure a pleasant service to all customers so you are not affected by a neighboring server.
Bandwidth, Disk Usage, Email and FTP accounts, and other Unlimited Resources
WALT Labs provides Users with bandwidth, disk space and other resources, such as e-mail, MySQL databases, and/or file-transfer-protocol (“FTP”) accounts, the amount of which is defined in WALT Labs’s web pages describing the package of Services purchased at the time of purchase. In some cases, WALT Labs may not establish a specific amount of bandwidth, disk space, and other resources, and refer to that as “Unlimited”. In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited room Level Technology reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User’s plan. User agrees that such usage shall not exceed the amounts set by WALT Labs for the Services purchased (the “Agreed Usage”) and is additionally subject to normal usage guidelines established by WALT Labs as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User’s active electronic mail services related solely to User’s web hosting account(s) with WALT Labs.
Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in the removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
WALT Labs may monitor User’s use of bandwidth, disk usage, and other resources. WALT Labs, in its sole discretion, shall have the right to take any corrective action if User’s utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, or normal usage by our typical shared hosting customer, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User’s Web site, User Content, User’s electronic mail and e-mail services and/or other materials and services or termination the User’s account and of this Agreement, which actions may be taken in WALT Labs’s sole and absolute discretion.
Unlimited domains refer to subdomains, parked domains, and add-on domains. In all cases (even those described as “unlimited”), the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited room Level Technology reserves the right to suspend, discontinue or delete the accounts of Users whose use of unlimited subdomains, parked domains, and add-on domains results in or presents the risk of degradation of service to other customers, regardless of the amount of domains included in the User’s plan. User agrees that such usage shall not exceed the amounts set WALT Labs for the Services purchased (the “Agreed Usage”) and is additionally subject to normal usage guidelines established by WALT Labs as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User’s active electronic mail services related solely to User’s web hosting account(s) with WALT Labs.
If WALT Labs takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User’s Web site, User Content and/or User’s electronic mail services, including use of bandwidth, disk usage, and other resources and will use such services and resources only for lawful purposes. User may not utilize:
- The Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization.
- The Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.
- The Services to traffic in illegal drugs, gambling, adult content, obscene materials or any other products or services that are prohibited under applicable law.
- The Services to export encryption software to points outside the United States in violation of applicable export control laws.
- The Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message.
If WALT Labs learns or discovers that User is violating any law related to User’s Web site, User Content and/or User’s electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, WALT Labs may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User’s Web site, User Content and/or User’s electronic mail.
User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed normal usage limits, Agreed Usage, or other limits allocated for the account(s) and otherwise complies with this Agreement. WALT Labs will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but WALT Labs does not take responsibility if e-mail notification(s) is not received by the User. WALT Labs reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.
If more than 5 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account and charge a 10% late fee, which means that your data, files, and website will become in-active and cannot be accessed. If in the following 6 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately. You must have an active method of payment upon your account for your auto-renewal at all times, failure to do so can result in your account being suspended or canceled automatically.
If, however, 6 days pass from the date on which your account is suspended and you have not made payment in full, WALT Labs shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 11 days behind in making payments, your data will be deleted. You hereby acknowledge that this is WALT Labs’s policy when it comes to data retention, and waive all rights in and to your data in these situations.
Invoices for renewals will be issued and charged up to 14 days in advance to ensure we receive cleared funds for the continued hosting service and domain renewal. WALT Labs is unable to process orders placed using virtual/pre-paid/gift cards as we are unable to accurately verify them. In such cases, it is advised that you pay through a PayPal account if you have no other valid credit card to make the payment from.
These Terms of Service may change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.
DMCA Copyright Infringment Information
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If WALT Labs is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if WALT Labs is found liable or pays to settle the dispute. In legal terms, this is called “indemnification”. Not only do you agree to reimburse WALT Labs for what it pays to satisfy a judgment or settle a case, but you also agree to pay WALT Labs ‘s reasonable attorney’s fees and all other costs WALT Labs incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. WALT Labs EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WALT Labs MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WALT Labs DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, WALT Labs cannot be held liable for it. IN NO EVENT SHALL WALT Labs BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF WALT Labs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for a 3-month period for the services in dispute purchased from us, or, in the event of liability of WALT Labs due to your enrollment in the affiliate program.
Governing Law and Choice of Form
The laws of United States, the State of Texas will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Harris County, Texas.
By using WALT Labs services you agree to the above terms of service as in effect from time to time.