TERMS OF SERVICE
This Agreement contains the complete terms and conditions that apply to you in joining, buying and all other activities you will make in our website.
This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
- Use of the site & PROHIBITIONS: You are prohibited to do the following acts, to wit:
- use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools
- posting of an items in inappropriate category or areas on our sites and services;
- collecting information about users personal information;
- maneuvering the price of any item or interfere with other users' listings;
- post false, inaccurate, misleading, defamatory, or libelous content;
- take any action that may damage the rating system.
For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
- Payments AND PROCESSES OF INVIOCES
White Sands Hosting has the sole discretion to provide the terms of payment.
Unless otherwise agreed, payment must first be received by White Sands Hosting prior to the latter's acceptance of an order.
Unless credit term has been agreed upon, payment for the products shall be made by credit card, paypal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoice separately. White Sands Hosting has all the discretion to cancel or deny orders. White Sands Hosting is not responsible for pricing, typographical, or other errors in any offer by White Sands Hosting and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date. For all but consumer purchases, White Sands Hosting reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.
- Late Payments
If at any time, your hosting payments become past due, you will receive a notification via email (to the most recently updated email address on file) with instructions on rectifying the situation. Please note that WhiteSandsHosting.com holds the right to deny access to and/or de-activate accounts hosted on our servers of which have unpaid past due balances.
Shared/Reseller Accounts 10 days past due will be assessed a late fee calculated at 30% of the balance due to re-activate service.
Dedicated Server Accounts 4 days past due will be assessed a $20.00 USD late fee to re-activate service.
VPS Accounts 4 days past due will be assessed a $10.00 USD late fee to re-activate service.
If an account holder submits a bank assisted dispute for services rendered, their hosting account will be de-activated within 48 hours if the payment issue has not been recovered. A $50.00 charge back fee will be added to the amount disputed by the customer.
We only accept credit cards, debit cards, PaypPal or Wire Transfer for payment of services. Yearly plans renew automatically and are charged to the most recently updated credit card (or Paypal address) on file. In the event that your yearly/monthly charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly installments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account.
Any debt not paid 45 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur a $50.00 USD collection fee added to the balance previously due.
Please note that WhiteSandsHosting.com holds the right to deny access to and/or de-activate accounts hosted on our servers with past due balances.
PLEASE ADDRESS ANY QUESTIONS REGARDING PAYMENTS TO OUR ACCOUNTING DEPARTMENT BY OPENING A TICKET AT OUR HELPDESK
- Refund Policy
- 30 Days Money back Guarantee Statement | Shared and Reseller Accounts
If for any reason you are unhappy with the services you receive from White Sands Hosting during anytime of service, you may request in writing via that your services be discontinued at which time you will receive a full refund of service unused. Excluded are Domain Names, Static IP charges and SSL Certificates.
- 15 Days Money back Guarantee Statement | VPS
If for any reason you are unhappy with the services you receive from White Sands Hosting during anytime of service, you may request in writing via that your services be discontinued at which time you will receive a full refund of service unused. Excluded are Domain Names, Static IP charges, SSL Certificates, any software Licenses (Cpanel, WHMCS) and Bandwidth used. If your Bandwidth exceeds 10% usage we will deduct 1 Month from your Refund (If you prepaid for 12 Months you will get 11 Months refunded)
RISK OF LOSS
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
If you wish to cancel your services, you must send an email to firstname.lastname@example.org or open a Support Ticket ten (10) business days prior to your renewal date.
If your notice of cancellation is not received within this time frame, you will be liable for payment of the preceding month and hereby agree to complete payment as invoiced accordingly.
If you cancel your account and your payments still continue to recur for any reason such as
- by fault of White Sands Hosting staff
- by fault of the credit card processor
- by fault of any other payment collection company
we are to be held free of liability for any overdraft fees that are issued by your financial institution.
Upon termination of Colocation Services, Customer agrees to remove the Equipment and other property that has been installed by Customer or its agents.
In the event such Equipment or property has not been removed within thirty (30) days of the effective termination, the Equipment shall be deemed abandoned and Customer shall lose all rights and title thereto.
Customer agrees to use the service in compliance with applicable law and White Sands Hosting's Acceptable Use Policy posted at http://whitesandshosting.com/index.php?site=aup (the "AUP"), which is hereby incorporated by reference in this Agreement.
Customer agrees that White Sands Hosting may, in its reasonable commercial judgment consistent with industry standards,
amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services.
Amendments to the AUP are effective on the earlier of White Sands Hosting's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment.
Customer agrees to cooperate with White Sands Hosting's reasonable investigation of any suspected violation of the AUP.
In the event of a dispute between White Sands Hosting and Customer regarding the interpretation of the AUP, White Sands Hosting's commercially reasonable interpretation of the AUP shall govern.
- Bandwidth Usage Policy
All dedicated servers and colocation plans are given access to bandwidth graphs which are updated in five minute intervals.
These graphs are located in the client access area or the control Panel.
All bandwidth billing is exclusively calculated based on the graphs provided by White Sands Hosting.
All leased and co-located server plans include a specific continuous allocated data transfer rate. Depending on the plan that you have the bandwidth usage included may vary.
For example purposes, a plan with an allocated bandwidth of 10,000 GB of data transfer monthly is equivalent to a transfer rate of 30.00 Mbps in a 30-day calendar month.
If your monthly usage exceeds the bandwidth transfer rate of 30.00 Mbps within your monthly billing cycle, you will be billed for overages exceeding 30.00 Mbps based on 95th percentile metering.
In accordance to these terms of service, you are liable and agree to pay such overages at the rate of $25.00 per 1 Mbps of bandwidth.
Bandwidth Allocation 30.00 mbps
Bandwidth used for x month = 30.75 mbps (based 95th percentile metering)
Bandwidth overages = 31 mbps - 30.00 mbps = 0.75 mbps
0.75 mbps x $25.00/mbps = $18.75
If you anticipate high bandwidth usage, please contact our sales department via our helpdesk for further information on the availability of other plans with higher bandwidth allocations for lower rates.
Note: For calculation purposes, our accounting system defines one month as 30 days.
Based on this definition the rate of 1 Mbps of continuous data transfer in a one month period is approximately 333.33 GB of bandwidth a month.
Further in-depth information on 95th percentile metering may be found on the following site: https://en.wikipedia.org/wiki/Burstable_billing
- CPanel Transfers
White Sands Hosting provides free cPanel account transfers for all new accounts (less than 30 days from sign-up date).
Transfer requests submitted after this 30-day period are subject to transfer fees based on source account size.
Please contact a member of our sales team for more information.
All transfers from remote networks (servers hosted outside of the White Sands Hosting data center) are not guaranteed.
There are many factors that can affect remote transfers that may be out of our control (poor network connections, firewalls, missing/incorrect account credentials, corrupted source account data, etc.).
We can only promise that we will make our best effort to transfer your data to our servers.
If we are unable to complete the transfer, we will let you know so that you can handle the transfer yourself.
We also cannot be held responsible for the integrity of your transferred data.
Source Server Requirements:
- Active cPanel license
- Recent stable version of cPanel
- Perl 5.8.8
- MySQL4 or later (Note: All servers/accounts come with MySQL5. Please ensure database compatibility before submitting request.)
- PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mispriced in our catalogs in which the item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.
- Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site.
YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
- Acknowledgment of rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected White Sands Hosting shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD2,000 or the total price of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an "as is" and "as available" basis. You and understand and agree that your use of this site is at your own risk.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of White Sands Hosting. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
- Commitment. The White Sands Hosting commitment to our Subscribers' privacy is set forth in this section. Except as required by law or as otherwise provided herein, White Sands Hosting will take commercially reasonable steps to ensure your right to privacy. White Sands Hosting is committed to developing long lasting relationships that are built on trust and will never intentionally violate that trust.
- Encryption. When Subscriber orders from White Sands Hosting, Personal Data Transmissions are encrypted. When Subscriber orders from White Sands Hosting, all of Subscriber's personal information is protected. White Sands Hosting uses Secure Sockets Layer (SSL), the industry standard, for encrypting all personal information, including name, address and credit card numbers.
- Confidentiality. With the exception of trusted business affiliates and/or associates who work on behalf of or in connection with White Sands Hosting, subject to specific confidentiality agreements, White Sands Hosting will not provide or sell to any third party your personal information and will keep all Subscriber information confidential, subject to the following:
- Upon registration, certain Subscriber information is transferred to WHOIS (domain registration information), to our affiliated third-party registrar, Netearthone and to Comodo (SSL cert. creation). We also will SWIP all IP addresses above /29 to ARIN.
- White Sands Hosting will respond to subpoenas, court orders, or other legal process, and will utilize Subscriber information as necessary to establish or exercise White Sands Hosting legal rights or defend against legal claims. White Sands Hosting will charge the person or entity for submitting a civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the White Sands Hosting invoice. Checks should be made out to White Sands Hosting. White Sands Hosting's subpoena compliance costs are as follows: Research-$150.00/hour; Federal Express-Cost as Billed; Copies-$1.00/page; Compact Discs - $10.00/per CD.
- White Sands Hosting will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or suspected violations of these Terms, or as otherwise required by law.
- When we are threatened with suit by a third party, or any other legal action brought to our attention involving us based on the anonymity of the domain, we may seek assurance from you the customer concerning your promise to indemnify us and written notice that you have contacted the plaintiff or representative for the complainant and made your contact information available to them. Failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name and forfeit the right to privacy on a domain. A pro-rated refund will be issued to the payment method on file for the remaining unused service. Confidentiality
Failure of the White Sands Hosting to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This Agreement will be governed by and construed in accordance with the laws of the State of New Mexico without regard to its conflicts of laws or its principles.
Any claim or suit arising out of or relating to this Agreement will be brought in any court of competent jurisdiction located in the State of New Mexico.
In any action to enforce this Agreement, including, without limitation, any action by White Sands Hosting for the recovery of fees due hereunder, You will pay White Sands Hosting reasonable attorneys fees and costs in connection with such action if White Sands Hosting prevails in such action.
You agree to waive the right to trial by jury with respect to any proceeding related to or arising out of this Agreement.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us.
However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
Last updated as of April 25, 2013