Terms of Service

The use of any service from ServWise constitutes agreement to the following terms.

The following Terms are applicable to all customers

Content
All services provided by ServWise may be used for lawful purposes only. The laws of, Italy, Australia, United States of America and the European Union apply.

The customer agrees to indemnify and hold harmless ServWise from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited and will result in the immediate termination of your account. This includes but is not limited to unauthorized copying or distribution of any copyrighted work or the offer of sale of any counterfeit merchandise of a trademark holder.

Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 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 48 hours.

If in doubt regarding the acceptability of your site or service, please contact our abuse department using the following contact us form and we will be happy to assist you.

Any site found to host hardcore or child pornography or linking to hardcore or child pornography will be suspended immediately without notice.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography:

Resellers: If the site in question is within your reseller account then we will suspend the account and notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your reseller account.

Direct customers: Your services will be 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 at all possible, set permissions as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as usernames and passwords. It is required that you use a secure (strong) password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used.
Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail (SPAM). Any user who sends out spam will have their account suspended and possibly terminated. A definition of what is considered spam can be found at http://en.wikipedia.org/wiki/E-mail_spam.

Sites advertised via SPAM 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 list may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

ServWise reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

ServWise reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of ServWise.
Account Setup
Accounts will be setup once payment has been received. It is your responsibility to ensure that all contact details on file are current and correct at all times. Providing false contact information of any kind may result in the termination of your account. Email contact details should not be on a domain hosted with us.
Payment Information
You agree to supply appropriate payment for the services received from ServWise, in advance of the time period during which such services are provided. You agree that until and unless you notify ServWise of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via email . Invoices that have been overpaid can not be refunded and overpaid funds can only be added as credit towards the account.

ServWise reserves the right to alter our charges at anytime.
Cancellations and Refunds
ServWise reserves the right to cancel accounts at any time with or without notice.

Any abuse of our staff in any medium or format by a customer may result in the suspension or termination of the customers services.

Customers may cancel at any time via the billing area of this website or by emailing our accounts department. There are no refunds on advance payments, administrative fees, setup or install fees or domain name or SSL certificate purchases. Refunds can only be requested and are only valid on purchases of our hosting services which are canceled within our 30 day money back guarantee period. Our 30 day money back guarantee is only applicable to first time customers.

Where Moneybookers has been used as the original payment method, a fee of 5% of the refund amount will be deducted to cover fees charged by Moneybookers for processing the refund.
Price Changes
We reserve the right to change the prices and service specifications of any of our services at any time. We will inform you of any price or specification changes affecting your account at least 30 days prior to the change. If you are not happy with the change you are welcome to cancel or move to an alternative package before your next scheduled payment date.
Site Migration Service
We offer a FREE site migration service to all new hosting customers. Our free service is limited to one site per customer and includes the following services where applicable - FTP transfer of all site files, migration of any database data and where possible updating of any site config files to allow the site to function correctly. We do not guarantee functionality of migrated sites after transfer and you are responsible for fixing any issues that may arise due to incompatibilities between old and new hosting environments. Additional site migrations are available for a small charge. We reserve the right to refuse to offer a free site migration if we feel the site would take more than one hour to migrate (Typically only large or very complex database driven sites). For these types of site we can offer a customised quote for migration. Performing a FREE site migration also voids our 30 day money back guarantee.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold ServWise harmless from any and all demands, liabilities, losses, costs and claims, including reasonable Lawyer's fees asserted against ServWise, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ServWise against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ServWise; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from ServWise server.
Arbitration
By using any ServWise services, you agree to binding arbitration. If any disputes or claims arise against ServWise or its subsidiaries, such disputes will be handled by an arbitrator of ServWise choice. All decisions rendered by that arbitrator will be binding and final. You also are responsible for any and all costs related to such arbitration.
Disclaimer
ServWise shall not be responsible for any damages your business may suffer. ServWise makes no warranties of any kind, expressed or implied for services we provide. ServWise disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, none deliveries, wrong deliveries, and any and all service interruptions caused by ServWise and its employees.
Disclosure to law enforcement
ServWise may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
Changes to the terms of service
ServWise reserves the right to revise its policies at any time without notice.

The following Terms are applicable only to shared / reseller hosting customers

Shared (non-reseller accounts)
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.
Resource Usage
Users may not:
1. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: poorly written server-side scripts or some non-typical FTP, HTTP commands etc.
2. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are allowed.
3. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
5. Run any bit torrent application, tracker, or client.
6. Participate in any file-sharing/peer-to-peer activities.
7. Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
8. Run scheduled task (cron) entries with an interval of less than 15 minutes.
Fixed Bandwidth
If you are allocated a monthly bandwidth allowance then this allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused bandwidth in one month cannot be carried over to the next month.
High Resource User Policy
Resources are defined as bandwidth and/or processor utilization.

ServWise.com may implement the following policy to its sole discretion:

When a website is found to be monopolising the resources available ServWise.com reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby ServWise.com continues hosting the website for an additional fee.
Backups and Data Loss
ServWise.com backs-up database data and files nightly to a physically separate data storage medium, however we do not guarantee this service and your use of our service is at your sole risk. ServWise is not responsible for your files and/or data residing on our servers. You agree to take full responsibility for your files and data and to maintain all appropriate backups of files and data stored on ServWise servers. Automatic and Manual backups of data can be made through our Control Panels and/or through FTP.
Log file retention
Website log files for sites on our servers will be kept for a minimum of 2 months, meaning you should always find at least 2 months of website log files available on our servers (or as long as the site has been hosted with us if less than 2 months). We recommend that log files be downloaded regularly to avoid loss. Our statistics service will normally keep at least a year worth of imported log data for your site.
Uptime Guarantee
If your shared / reseller server has an unscheduled physical downtime that is not within your uptime guarantee you may receive one month of credit on your account. Downtime is recorded on a month by month basis. Downtime in one month cannot be carried over to the next month. Approval of the credit is at the discretion of ServWise and dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. Scheduled down time is not included in the guarantee. To request a credit, please use our support ticket system to contact our accounts department, please also include any justification.
Reseller: Client Responsibility
Resellers are responsible for supporting their clients. ServWise does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. ServWise will hold any reseller responsible for any of their clients actions that violate the law or our terms of service.
Ruby On Rails hosting
1. Ruby on Rails must never be run in any other mode than production mode under any of our plans. Resellers are responsible for ensuring that their customers only execute RoR applications in production mode
2. Ruby on Rails applications should always be started from the cPanel interface, rather than from the command line. Ensure that you select "Start application when server starts" to ensure that your RoR application is active after maintenance restarts.
3. Under no circumstances should "background processes" be instantiated via ssh or any other means.

The following Terms are applicable only to dedicated server hosting customers

We require a seven (7) days written cancellation notice prior to the anniversary billing date for discontinuance or downgrades of services. Cancellation via the billing control panel is considered acceptable written notice. Customers not providing the full 7 days prior notice will be subject to an additional full term payment.