Paid Hosting Terms of Service

The service that is subject to the following agreement is provided by 50Webs.com, which is a 100% owned by LiquidNet Ltd., registered in the United Kingdom, Registration No. 4654498.

You should be aware that by signing up for an account with 50Webs, you agree to position data on our servers, thus making it accessible to the wide public. In this sense, you accept that it is beyond the power of 50Webs to restrict such access and guarantee the security of your files. You are completely in charge of protecting your data on 50Webs servers, which suggests that you would better consider carefully any piece of information before uploading it to your newly allocated 50Webs server space. It is recommendable to avoid publishing personal data that could be abused online.

The order form completion represents the electronic signing of this document.

You should abide by the Domain Name Registration Agreement, which is an indivisible part of this document.

1. ENTIRE AGREEMENT; SERVICE AGREEMENT

50Webs shall provide its Services to You (the Customer) under the Terms and conditions of this Customer Agreement. The Agreement is intended to keep the integrity of both 50Webs and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.

Along with the Order Form and any other documents or agreements explicitly specified in this Agreement, the Customer Agreement constitutes the whole act of convention between 50Webs and the Customer, thus being the most significant document of the newly-established relationship. In case that a court of competent jurisdiction considers that any of the Agreement's provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity.

Customer's side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state's law system. If a person represents the Customer for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement.

You understand and agree that the Service is provided "AS-IS" and that 50Webs assumes no responsibility for the timeliness, deletion, and failure to deliver or store any Customer communication or personalization settings.

2. 50Webs HOSTING SERVICES

1. Bandwidth - Each hosting plan include prepaid bandwidth. Additional bandwidth is available. Contact sales department for more information. This bandwidth must be prepaid before using or otherwise the account will be suspended due overbandwidth usage.
2. Domains Hosted - 50Webs hosting plans include domain hosting. Each hosting plan has a limit of the domains hosted.
3. Domain Registration - available at discounted price only with purchasing web hosting account(s). Each web hosting account can use a maximum of one discounted domain name. Domain registrations are final and can not be refunded.
   
   More detailed information regarding domain names can be found in the Domain Name Dispute Resolution Policy.
4. Disk Space - Additional disk space is available. Payment is accepted only in advance per year. Contact sales for more information.
5. E-mail - Users are NOT allowed to send more than 1500 emails per day / 150 email per hour per hosting account (each email can be sent to maximum 50 recipients, as each unique recipient will be counted as one message sent). When sending emails via a Mailing List, users are NOT allowed to send more than 1500 emails per day per account (or 1 email to 1500 subscribers, respectively). Each web hosting account is entitled to 2 GB e-mail storage, which is shared between all mailboxes, created for this account.
6. IP Address - 50Webs hosting accounts do not include IP address. For many customers IP address is important for starting SSL hosts and that's why we allow purchasing IP addresses. Payment is accepted only in advance per year. Contact sales for more information.
7. MySQL Database(s) - is/are included in all hosting plans. Additional MySQL databases are available. Contact sales for more information.
8. Database Storage - 50Webs offers unlimited mysql database storage for each hosting account. However, accounts with very large single databases can affect the overall server performance. Thus, we recommend that each database is kept under 200 MB in size. For accounts with databases over 500 MB in size, 50Webs may request that the number of total database usage be reduced to ensure proper performance or may terminate the Subscriber's account, with or without notice.
9. SSH - not included in hosting plans, but it is available. Contact sales for more information.

3. BACKGROUND OPERATIONS/PROGRAMS ON SERVERS

These programs, named cron jobs, can be continuingly run by 50Webs in the background. Their provision suggests additional fee in accordance with system resources used and operational maintenance involved, if needed. Generally, 50Webs avoids placing complementary charges upon customers, providing the CronTab service that is integrated in the hosting Control Panel. Optional 50Webs Services: These services, including but not limited to: Site Studio, Mailing Lists and other services offered are provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. 50Webs ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. 50Webs REJECTS ANY IMPLIED WARRANTIES. ANY OF 50Webs' EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY 50Webs, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.

4. SERVICE PAYMENT

When signing up for an account with 50WebSpace, the Customer agrees to pay for the period of one year (365 days) and abide by our Order Verification Policy. Our Sales Department will strictly scrutinize each account order and carefully processes each payment in order to ensure that no fraudulent user can take advantage of our web hosting system. In cases of PayPal and American Express credit card payments, a 12-month recurring billing cycle will apply for customer convenience. In case that a customer wants to cancel their recurring contract, they can do so from the Recurring Manager section of their Web Hosting Control Panel.

50WebSpace will charge customers with fees based on the fee structure of our web hosting system at the time of the sign-up process.50WebSpace reserves the right to introduce price changes to the packages when needed. This means that the current price list at our web store may differ from the pricing of your web hosting account.

Each customer of ours will be able to take advantage of the package he/she has purchased at the introductory price levels, and with one and the same set of features in the course of the whole contract period. 50WebSpace reserves the right to introduce certain changes to the packages (in the form of complementary services) to the benefit of the customers.

5. SERVICE GUARANTEES

50Webs will guarantee 99.9% 50Webs network uptime and 99.9% network stability uptime. This, however, does not refer to problems stemming from:

1. Server Hardware Breakdown
2. User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, 50Webs is not responsible for the downtime)
3. Failures due to software that is not explicitly supported by 50Webs. Consequently, if a hardware crash provoked by the customer happens, 50Webs is beyond the control and responsibility for the resulting downtime.

ACCOUNT/DATA BACKUP:

Our backup service is provided as a courtesy to you, and, therefore, 50Webs.com will be in no way held responsible for the files stored in your account. You, as a customer, agree to take full responsibility for all the files in your account and to maintain an appropriate backup of the data stored on our servers. We will back up the files located in the /www folder of your account, as well as the databases you have created. Backups are only kept for a period of 7 days. After this period, a backup cannot be restored.

General Backup: The default available backup disk storage space for each customer is 5 GB. User accounts with content over 5 GB cannot be (partially or entirely) backed up. Additional space for backup purposes is available under our Upgrade section in the Control Panel. We provide backup services only to accounts with disk space usage below the purchased backup quota limit. For example, if the purchased data backup quota amounts to 20 GB, we will back up your files as long as your account's disk usage does not exceed the 20 GB quota limit. As soon as this 20 GB quota limit has been reached - the backup script will no longer back up any of your files.

Database Backup: Our database backup script WILL NOT back up databases, which contain more than 256 tables. Databases bigger than that take too much time and use too much of the server's resources to be backed up.

6. SERVER USAGE & HOSTED CONTENT

1. Server content MUST comply with the parameters stated in this TOS. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a 50Webs Service representative regarding any inquiries over the matter.
2. If any of 50Webs Services are used for the illegal purpose of SPAM or UCE, then they will be instantaneously terminated.
   
   Unauthorized Access. 50Webs expressly bans the use of any 50Webs hardware or software hosted on a 50Webs server for trying to illegally access another hosted machine or network.
3. Using 50Webs temporary URL is not defined as a bandwidth stealing. However, customers are advised to use it temporarily and 50Websdoes not bear the responsibility, if we change it afterwards - traffic processing there is not recommendable. It is not recommendable to use 50Webs temporary URL as a basic URL. Users are advised to redirect their traffic to their own domain.
   
   Each customer will be able to take advantage of the package he/she has purchased at the introductory price levels and with one and the same set of features in the course of the whole contract period. 50Webs reserves the right to introduce certain changes to the packages (in the shape of complementary services) to the benefit of customers.

"UNLIMITED" USAGE POLICIES AND DEFINITIONS

The term "UNLIMITED" is used to describe the amount of resources in the web hosting plans provided by 50Webs, which is not set to a predefined limit value (for example - unlimited bandwidth, unlimited disk space, unlimited emails or other unlimited resources). By not setting limits on key resources, we are able to offer our customers a simple, consistent pricing scheme as their websites demand more and more resources. As a result, a typical website may experience periods of great popularity and a resulting increased storage need without experiencing any associated increase in hosting charges.

In all cases, when a service is listed as "Unlimited", it is intended for normal web hosting usage only - all activities, which may result in excessive resource usage inconsistent with regular usage patterns, are prohibited.

Our Unlimited service offers are not designed to allow a single user to influence the overall server performance. 50Webs will make every effort to provide its customers with additional resources whenever possible, including the relocation of a customer's hosting account to a newer, faster server. However, if the resource usage reaches a level where it may influence the overall server performance in a negative way, 50Webs reserves the right to take corrective actions. Such actions may include disconnection or discontinuance of any and of all offered services, removal or deletion of customers' websites, website content, electronic mail, or termination of a customer's account according to 50Webs's sole and absolute discretion.

7. SERVICE ACTIVATION AND CONTINUANCE TIMESCALE

SERVICE ACTIVATION

For newly signed up clients - the services are activated immediately after our Sales Department gets in touch with the customer over the phone to verify the payment details (this is required due to the high fraud activity spreading online, and in order to be prevented fraudulent orders). The payment verification procedure is obligatory and if we fail to approve a transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be cancelled.  

For existing customers - the services for existing customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the according service payment.

CONTINUANCE TIMESCALES

Shared Web Hosting Accounts - all newly-created shared hosting accounts with 50Webs are valid for 1 year. They can be regularly renewed for another year that is added to the official expiration date of the account. All account upgrades purchased from the Web Hosting Control Panel are valid and are to be functional till the final expiration date of the respective web hosting account.

Domain Name Registration/Transfer - 50Webs offers for registration/transfer all TLDs (Top-Level Domains) displayed in the table below. The TLDs can be purchased either together with a shared hosting account (at regular or PROMOTIONAL price) or separately as an upgrade from the Web Hosting Control Panel (all TLDs - at NON-PROMOTIONAL prices). The table below displays the minimum and maximum registration period, as well as the annual NON-PROMOTIONAL price of each TLD:

tld	min/max period of registration @ min period price
.com	1-10 years @ \$15.00 per year
.net	1-10 years @ \$15.00 per year
.org	1-10 years @ \$15.00 per year
.info	1-10 years @ \$15.00 per year
.biz	1-10 years @ \$15.00 per year
.us	1-10 years @ \$15.00 per year
.co.uk	2 years @ \$17.00
.me	1-10 years @ \$24.00 per year
.ca	1-10 years @ \$18.50 per year
.eu	1 years @ \$12.50 per year
.mobi	1-10 years @ \$20.00 per year
.tv	1-10 years @ \$48.50 per year
.de	1-10 years @ \$19.50 per year
.in	1-5 years @ \$21.00 per year
.co.nz	1 years @ \$22.00 per year
.name	1-10 years @ \$12.50 per year
.cc	1-10 years @ \$28.50 per year
.ws	1-10 years @ \$28.50 per year
.be	1 years @ \$24.50 per year
.org.uk	2 years @ \$17.00
.me.uk	2 years @ \$17.00
.at	1 years @ \$82.00 per year
.nu	2-10 years @ \$57.00
.asia	1-10 years @ \$24.00 per year
.net.nz	1 years @ \$22.00 per year
.org.nz	1 years @ \$22.00 per year
.cn	1-5 years @ \$28.50 per year
.com.cn	1-5 years @ \$28.50 per year
.net.cn	1-5 years @ \$28.50 per year
.org.cn	1-5 years @ \$28.50 per year
.tw	1-10 years @ \$42.50 per year
.com.tw	1-10 years @ \$42.50 per year
.org.tw	1-10 years @ \$42.50 per year
.idv.tw	1-10 years @ \$42.50 per year

8. CANCELLATION, REFUNDS & MONEY-BACK GUARANTEE; CHARGEBACKS

CANCELLATION & REFUNDS

50Webs accounts are set up on a prepay basis. 50Webs customers may decide to cancel their accounts at any time, however they will get a full refund of the service only if the cancellation request is made within 30 days of purchasing of the account, according to our Money Back Guarantee Policy
To cancel an account, the Customer needs to send an e-mail or support ticket to our Sales Department and provide any authentication credentials requested by 50Webs. Other forms of cancellation requests will not be accepted. Any incentives (free bonuses, etc.) offered to the Customer upon sign-up will be also cancelled.

Domain name registrations/transfers, service upgrades and web hosting plan renewals are treated as non-refundable services (see below) and cannot be cancelled or refunded after being activated upon customer request. The Customer will have the opportunity to transfer his/her domain away to another host.
Late cancellations, as well as accounts cancelled by 50Webs due to TOS violations (where the customer has decided not to fix the violation) do not qualify for the 30-day money back guarantee.

All credit requests for VISA, MasterCard, American Express and Discovery payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer's credit/debit card and affect the Customer's credit/debit card balance in accordance with the credit/debit card issuer's terms of service.

All credit requests for PayPal payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer's PayPal account and affect the Customer's PayPal balance in accordance with the PayPal's terms of service.

MONEY-BACK GUARANTEE.

50Webs offers a 30-day money back guarantee. If, for any reason, you are dissatisfied with our hosting services, we will refund your hosting fees at any time during the first 30 days after the signup date of your hosting account. You can submit a refund request in a trouble ticket from your web hosting Control Panel, or send us an email to support@50webs.com, and receive full refund for any hosting plan you have purchased from us within 30 days of the account's payment date.

SSL certificates, as a third party service, are not covered by the 30-day money back guarantee, which 50Webs provides for it's web hosting services. An SSL certificate is eligible for refund for a 7-day period after the original purchase.

All recurring payments and all payments made via Western Union or bank wire are non-refundable and are not subject to the 30-day money back guarantee.

NON-REFUNDABLE SERVICES

Non-Refundable Services: all service upgrades, wallet refills and plan renewal services purchased from the Web Hosting Control Panel; all 1-year or multi-year domain registration or transfer services purchased at sign-up or from the Web Hosting Control Panel.

All domain registrations and domain transfers are final, do not include any money-back guarantee and will be subject to a fee that is calculated on the basis of the actual NON-PROMOTIONAL annual price of the purchased domain's TLD, multiplied by the number of years of registration or transfer.

Any refund amount credited back to the Customer in accordance with our 30-day money back guarantee will not include the cost of the non-refundable services (if any) that have been purchased with the Customer's web hosting plan upon sign-up (i.e. the Customer will be issued a partial refund on the original transaction if he/she has purchased non-refundable services within the web hosting account).

A table containing the annual NON-PROMOTIONAL prices of all domain names offered by 50Webs is located in section 3 of this legal document.

CHARGEBACKS

Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed at 50Webs (and respectively - LiquidNet Ltd.) will be subject to full investigation.

When signing up for a web hosting account with 50Webs, customers agree to the conditions explicated in our Web Hosting Terms of Service (this document). Thus, 50Webs, as well as our authorized retailers (PayPal, WorldPay, 2CheckOut), will resort to these documents as an evidence for the Customer's agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.
If/When a chargeback report is received, the first step of our 50Webs team will be to try to contact the user. Meanwhile, the user account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and decision has been taken for according action.

If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with our authorized retailers and the account will be re-activated.

If the user has sent a chargeback request based on groundless argumentation (to our own judgment and these Web Hosting Terms of Service), then a dispute will be started with our authorized retailers in which the Web Hosting Terms of Service (this document) and the Acceptable Use Policy of 50Webs will serve as proof of the Customer's agreement. The retailers then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or 50Webs has the right to a reverse payment.

In case that the chargeback originates from a fraudulent user and no reverse payment procedure can be initiated, then the respective hosting account will remain suspended.

9. WARRANTIES AND REPRESENTATIONS

50Webs provides hosting services on an "as is" and "as available" basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers' hosting with 50Webs confronts with service interruption issues.

10. FREE DOMAIN NAME PROMOTION

50Webs offers a promotion of FREE domain name registration with the Webmaster and Advanced plan. It is available only to new customers of web hosting accounts. However, when the money back guarantee option is used the domain names must be paid - $15.00 USD per year per domain name. Domain name owners will receive an account username and password to manage their domain names and they will be able to transfer the domain name(s) at will.

11. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the 50Webs Services, you will not use the 50Webs Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any 50Webs Services, other accounts, computer systems or networks connected to any 50Webs Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the 50Webs Services.

50Webs reserves the right at all times to disclose any information as 50Webs deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of 50Webs.

50Webs is within the capacity to refuse service to unlawful parties. 50Webs servers can be used explicitly for legal purposes only and each attempt for taking indecent advantage of the servers inconsistent with the rules will be immediately rejected. In this light, 50Webs expressly forbids any breach of Federal, State or Local regulation, including, but is not limited to the transmission of:

copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets.

50Webs management will thoroughly scrutinize any of the received orders and decide to their own discretion which of them do not comply with the officially stated requirements for use of the company's servers. 50Webs servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult OR pornographic material, or any other material which is considered impermissible by the company including, but not limited to - pornography, adult materials, satanic materials, and any other materials of an adult nature.

12. THIRD PARTY

Any dealings with third parties (including advertisers) included within the 50Webs Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. 50Webs shall not be responsible or liable for any part of any such dealings or promotions.

13. TERMINATION

You agree that 50Webs, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.

14. SERVICE DENIAL

50Webs reserves the right to reject its service and terminate this agreement for a certain period of time or indefinitely upon customers' failure to pay. The customer then is considered a debtor to 50Webs and liable for reasonable interest and collection fees.

15. YOUR RESPONSIBILITIES

You are solely responsible for the content of your messages. Using the 50Webs Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.

In consideration of your use of the Service, you agree to:

1. Provide true, accurate, current and complete information about yourself as prompted by the registration form of the Service.
2. Maintain and promptly inform us to update Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or 50Webs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 50Webshas the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3. When signing up for un account with 50Webs, each customer agrees to submit correct and up-to-date contact details, meaning that when introducing any changes to this information, he/she is obliged to notify 50Webs in the course of a 10-business-day period after the changes become valid. The introduction of changes should be done online through customer's Control Panel, not via e-mail. This requirement is also in force for 50Webs- customers will always be aware of any contact information changes that the company places within its website. This way, a flawless communication process between both sides is guaranteed.
4. You will receive a password and account designation upon completing the registration process of the Service. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to:
   1. immediately notify 50Webs about any unauthorized use of your password or account or any other breach of security
   2. ensure that you exit from your account at the end of each session.
   3. 50Webs cannot and will not be liable for any loss or damage arising from your failure to comply with this.
5. Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
6. Harm to 50Webs Servers - any attempts for doing harm to a server or customer of 50Webs Services are explicitly banned
   1. Acceptable Use of Services / Acceptable Access to Services - 50Webs will immediately and resolutely react to any attempt of use of an Internet account or computer by a 50Webs customer unauthorized by the account or computer owner. Such attempts include "Internet scamming" (tricking other people into releasing their passwords and etc.), password robbery, security hole scanning etc. It DOES NOT matter whether the attacked account or computer belongs or not to 50Webs Services, the fraud will be subject to actions based on the very nature of the attack which could be a warning, an account suspension or cancellation and civil or criminal legal action.
7. CPU usage (or usage of the Central Processing Unit(s)) on the web server Customer's account is hosted on is subject to some regulations. That means that each hosting account can take advantage of up to 10% of the CPU power for no longer than 180 seconds at any given time or 3% in the course of 24 hours. 50Webs strongly requires that customers be very judicious when using the CPU power for their accounts. Otherwise, we may suspend customer accounts in cases of registered impact on other accounts on the server or disturbance caused to the functioning of the server. If we do suspend an account, then its owner will be notified of that in consistence with the situation that this suspension may provoke. Then the account's owner may be required to upgrade to a dedicated or semi-dedicated web hosting solution. Possible alternative is a required reduction in the load and traffic that the customer's account gets. 50Webs reserves the right to block files or scripts that use CPU exceedingly and notify clients.
8. Customer agrees not to publish on or over its account any information, software or other content, which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
9. Users are NOT allowed to send more than 1500 emails per day per hosting account.
10. The file quota (the maximum amount of files to be hosted in a single web hosting account) is different for each web hosting plan. The Mini hosting plan is entitled to host maximum 5000 files, the Starter plan - 20,000 files, the Personal plan - 35,000 files, the Webmaster plan - 100,000 files and the Advanced web hosting plan is entitled to 250,000 files.
11. 50Webs offers generous amounts of disk space and network bandwidth. The customers must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, the Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file types) in each hosting account must be a part of actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files that link to them. Audio, graphics and/or video files must be must be under 25% of the current web hosting disk usage and must never exceed 50 GB in size. Furthermore, such media files may amount to no more than 50% of the customer's total monthly traffic usage. Upon a support ticket request by our customer care team, each Customer must be able to prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request. If the client fails to react within 24 hours after the request and does not remove the file/files in question, or if the apportioned traffic quota continues to be used for such purposes, the Provider reserves the right to suspend the account and/or to remove the aforesaid content from the server. In such cases, refunds are not applicable and the money-back guarantee is no longer valid.
12. MySQL usage: each database hosted on our system can be used only by the user who has created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in your account. The MySQL database has a limit of 45000 queries per hour. If you have reached 45000 queries per a given hour, you will not be able to make any more queries. In the next hour you will have access to the database again and the counter will be reset.
13. 50Webs does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:
    1. infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy
    2. violate any law, statute, ordinance or regulation
    3. are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene
    4. contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another
    5. contain Pirated or Hacking / Phreaking Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction
    6. have Adult Sites (content) - Any erotic or pornographic material, links to adult sites, or advertisements of adult sites.
    7. contain or run proxy - proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy)
    8. concern in any way torrent trackers, clients or applications - Torrent trackers, clients or applications are not allowed to be hosted on our servers
    9. have IRC bots - IRC bots are absolutely forbidden on our servers

16. CUSTOMER WEBSITE; E-COMMERCE; CUSTOMER WARRANTIES/GUARANTIES

1. When buying an allocated space on 50Websservers, customers agree to be fully responsible for the development, operation and maintenance of their web site, online store and e-commerce activities within that space. Each customer is in charge of all the products and services as well as of all contents and materials appearing online, including:
   1. the accuracy and relevance of Customer Content and content and material showcased in its store or on its products
   2. certainty that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person
   3. certainty that the Customer Content and the content and materials appearing in his/her store or on his/her products are not calumnious or somehow illegal. Customer is the only one in charge of approving, processing and filling customer orders and of taking care of customer requests or complaints. Customer is the one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store.
2. Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
3. Each Customer guarantees to 50Webs that he/she owns or possesses the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to 50Webs that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
   1. infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party
   2. break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation. Each Customer empowers 50Webs to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. 50Webs is granted the right to assess the extent these operations need to be done.

17. TORTUROUS CONDUCT

Any case of indecent treatment towards a 50Webs employee will be considered inappropriate. Each Customer is anticipated to conduct a professionally mannered communication with 50Webs employees regarding any requests for help through e-mail or by means of the Ticket Desk Support System. Each Customer should avoid applying any forms of written emotional outburst or cursing. Any attempts of deliberately undermining behavior will be interpreted as a breach of this TOS.

Other acts of treatment towards 50Webs employees that will be considered as unacceptable include any verbal, oral, written or delivered by a second party threats addressing 50Webs or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this TOS. 50Webs keeps the right to assess which behaviour will be treated as a breach of this TOS and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.

18. SPAMMING IS PROHIBITED

We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:

1. the sending of unsolicited messages in bulk, or the sending of unsolicited e-mails, which provoke complaints from recipients
2. the sending of junk mail
3. the use of distribution lists that include people who have not given specific permission to be included in such a distribution process
4. posting commercial ads to USENET newsgroups that do not permit it
5. posting articles containing binary encoded data to non-binary newsgroups
6. excessive and repeated posting of off-topic messages to newsgroups
7. excessive and repeated cross-posting
8. e-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive
9. the e-mailing of age-inappropriate communications or content to anyone under the age of 18
10. "Spamming" is considered as explicit misuse of ethical principles and will be interpreted as a violation of them
11. The maximum number of allowed e-mail messages sent per day is 1500. There are no exceptions to this rule. Every customer who is sending more than 1500 e-mail messages per day needs a dedicated server and cannot use a shared hosting account.

19. NEWS RELEASES

Forward Looking Statements: these refer to any predications within this website that are not based on objective facts and express expectations with regard to forthcoming events. Such statements cannot be treated as reality-based because it is possible that they happen to deviate from actual circumstances. Forward Looking Statements can be recognized by the availability of indicative words such as "believes", anticipates," "plans," "may," "hopes," "can," "will," "expects," "is designed to," "with the intent," "potential". However, their availability is not a compulsory requirement for a forward-looking statement to be treated as such.

20. FORCE MAJEURE CIRCUMSTANCES

50Webs will be in an off-liability position as regards the failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.

This agreement constitutes the whole act of convention between the parties with regard to the agreement signed between them. It is not subject to any amendments, modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the party to be charged.

1. This Agreement shall be interpreted in consistence with the laws of the State of Florida, US.
2. This Agreement shall be in force and effect entirely to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. - The captions and headings contained in this TOS are aimed at facilitating the text comprehension. They are not a part of the very Agreement, and shall not limit or construe the provision they refer to. - This Agreement may be executed in counterparts, which will be considered as original.

21. COPYRIGHTS

Copyrighted material must not be placed on Customers' accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account.

Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.

Please report any violations of the Terms of Service and the Domain Name Dispute Resolution Policy to abuse@50webs.com.

22. COMPLAINTS PROCEDURE

50Webs is dedicated to providing the highest levels of customer service round the clock. If you feel dissatisfied with any aspect of our service, you are encouraged to make use of our complaints procedure detailed below.

In order to file a complaint, please send us an email to complaints@50webs.com, specifying the nature of the problem you are experiencing. Please, provide us with as many details about your particular case as possible. The more we know about the situation, the better, prompt and adequate our resolution will be.

Here are our steps of addressing every single complaint:

1. 50Webs will confirm receipt of your complaint in writing, notifying you that the complaint will be addressed without delay. 50Webs reserves the right to refuse to investigate complaints, which are apparently frivolous, abusive or offensive.
2. 50Webs customer care representative will review your situation, search for an appropriate solution and inform you of the timeframe within which a response should be expected.
3. If the 50Webs Customer Care representative is not able to resolve your case within the pre-announced period, your complaint will be escalated to a Customer Care manager.
4. If the 50Webs Customer Care manager also can't provide you with an appropriate solution, then your complaint will be forwarded to the Company Director, who will further investigate the situation and ensure that all necessary measures have been taken. The Company Director will respond in writing within two working days, and reply with a solution within five working days.
5. An alternative complaint submission method is sending a fax to the following number: +1.510.868.6446.

23. CUSTOMER SERVICE CONTACT DETAILS

Customers can get in touch with our Customer Service via any of the contact options listed below:

1. Open a trouble ticket from the customer Web Hosting Control Panel (section Help Center - > Open New Ticket)
2. Send un an email to support@50webs.com
3. Send us a Letter to:
   
   LiquidNet Ltd.
   13 Craigleith
   7 Kersfield Road
   Putney, London SW15 3HN
   United Kingdom

24. ASSIGNMENT

Customer shall not have the right to assign this Agreement without the written permission of 50Webs. This Agreement shall be in force and effect to the total benefit of Customer and 50Webs and their successors and permitted assigns.