Terms Of Service
These Terms of Service (the "Agreement") are an agreement between TopWebs.net ("TopWebs" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by TopWebs and of the TopWebs.net website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Violation of this Agreement
In the case that the customer has violated this agreement, the account belonging to the customer will be immediately terminated upon the discretion of bdwebs.com and the refund policy/money back guarantee will automatically be void for the offending customer. In the case that sections of this agreement are disputable, bdwebs.com reserves the right to decide what is and what is not a violation of this agreement.
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. TopWebs is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the TopWebs Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
The following are not allowed:
- Child Pornography
- Adult Pornography
- Adult Content
- Port Scanners
- Gambling Sites
- Lottery Sites
- File Hosting Sites
- Banner-Ad Services
- Pirated Software
- Warez or Warez Linking
- Botnet Controller
- Scamming or Fake Websites
- Hacking community websites or any website promoting the act of hacking or phishing
- Programs with the ability to launch DDoS attacks such as variations of LOIC or HOIC
- Copyrighted Material that does not belong to you
We reserve the right to IMMEDIATELY TERMINATE ANY website that is hosting any of the above content WITHOUT notification and WITHOUT any backups provided.
Billing and Payment Policy
Users may not jump to multiple accounts to abuse "new customer" discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.
Unless otherwise provided, you agree that until and unless you notify TopWebs of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, TopWebs may suspend or terminate your account and pursue the collection costs incurred by TopWebs, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. TopWebs will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
It is solely your responsibility to notify TopWebs's Billing department via a support ticket created from https://www.topwebs.net/clientarea.php after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and TopWebs is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. TopWebs may report any such misuse or fraudulent use, as determined in TopWebs's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
You have ninety (90) days to dispute any charge or payment processed by TopWebs. If you have any questions concerning a charge on your account, our billing department directly for assistance.
Cancellations and Refunds
No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
If an account with a twenty (30) day money-back guarantee is purchased and then cancelled within the first twenty (30) days of the beginning of the term, you will, upon your written request to the TopWebs Support Team within twenty (30) days of such termination or cancellation, receive a full refund of all basic hosting fees previously paid by you to TopWebs for the initial term; provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions. Requests for these refunds must be made in writing to the TopWebs Support Team. Refunds will only be issued for basic hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
Non-refundable Products and Services
There are no refunds on domain names, dedicated servers, administrative fees, license fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at TopWebs's sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
You may terminate or cancel the Services by giving TopWebs written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) TopWebs may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received." TopWebs will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Cancellations for shared accounts will be effective on the account's renewal date.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify TopWebs's Billing department via a support ticket created from https://www.topwebs.net/clientarea.php to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
TopWebs may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm TopWebs or others or cause TopWebs or others to incur liability, as determined by TopWebs in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, TopWebs shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, TopWebs may charge you for all fees due for the Services for the remaining portion of the then current term.
CPU, Bandwidth and Disk Usage
Permitted CPU and Disk Usage
All use of hosting space provided by TopWebs is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. TopWebs expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. TopWebs may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of TopWebs's terms and conditions.
VPS Managed Services
Please note that manually installing modules and bypassing WHM/cPanel could render your management with us void.
Shared servers are not limited in their bandwidth allowance.
TopWebs reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days' notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by TopWebs through the user billing tool or through other methods of communication, including notices sent or posted by TopWebs.
Changing terms and conditions
TopWebs has the permission to make any modifications on the terms and conditions at any time, If a customer does not wish to agree on the changes in our terms and conditions, he can cancel the agreement until the date that the new terms and conditions apply, until this date or on the date of receiving of the cancellation, if this applies after the commencing date.