These Terms of Service are an agreement (the "Agreement") between WAMHost Solution and you ("Client" or "you" or "your"). This Agreement states the terms and conditions of your use of the products and services (the "Services") made available by WAMHost Solution and the wamhost.com website. By using any of the Services, you agree to be bound by all of the terms and provisions of the Agreement."

Ownership

The owner of the payment method which is used for payment on the account is designated as the authorized owner of the account.

Third Party Providers

All transactions with third-party providers are solely between you and the individual provider. WAMHost Solution is not the agent, representative, trustee or fiduciary of you or the third-party provider in any transaction.

All discounts, promotions, and special third-party offers may be subject to additional restrictions and limitations by the third-party provider. All transactions with third-party providers are subject to the terms and conditions under which the provider agrees with you to provide goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific third party provider with whom you are dealing. All discounts, promotions, and special third-party offers may be subject to additional restrictions and limitations by the third-party provider. All transactions with third-party providers are subject to the terms and conditions under which the provider agrees with you to provide goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific third party provider with whom you are dealing.

WAMHost Solution does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. You undertake all transactions with these providers at your own risk. WAMHost Solution does not warrant the accuracy or completeness of any information regarding third-party providers.

Use of Service

All Services may only be used for lawful purposes. The laws of the Govt. of Bangladesh apply to all Clients of WAMHost Solution. You agree to indemnify and hold harmless WAMHost Solution from any claims resulting from your use of WAMHost Solution Services.

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.

Examples of unacceptable material on all Shared, Business and Reseller servers include:

- X IRC Scripts/Bots

- Proxy Scripts/Anonymizers

- Pirated Software/Warez

- IP Scanners

- Bruteforce Programs/Scripts/Applications

- Mail Bombers/Spam Scripts

- File Dump/Mirror Scripts (similar to Rapidshare)

- Lottery/Gambling Sites

- Sites promoting illegal activities

- Fraudulent Sites

All of the files on our shared hosting accounts must pertain to your website(s). This space may only be used for web files, active emails, and content of Client Websites. WAMHost Solution shared hosting may not be used for massive file storage systems, or backup storage solutions (including media files, emails, or other data). You are not authorized to use WAMHost Solution for the hosting of download mirrors. You may have files for your clients/users/ to use; however, if your website is based around users downloading files, you will need to upgrade to a VPS Package with a link to our managed Linux page.

Solely for the purpose of providing the Services, you hereby grant to WAMHost Solution the right and license to access, store and use any content provided by you, and to remove all or any portion of such content if you violate the provisions of this Agreement.

WAMHost Solution may from time to time, and at any time, monitor your use of the Services to ensure your compliance with the provisions of this Agreement.

Payment

WAMHost Solution provides subscription-based services that renew automatically or manualy on a recurring basis.

Payment for all non-hourly services is due and payable in advance of the time in which said services are provided. Payment for all hourly services is due and payable on the first (1st) of every month for the usage of the service for the previous month.

Using payment information for Credit/Debit Card, bKash, Nagad, Rocket any at the time of checkout will store that information on file for future use.

All invoices will be paid automatically using the payment information stored on file with WAMHost Solution, such as Credit/Debit Card, bKash, Nagad, Rocket. This would include invoices for new orders, renewal of existing services, hourly service usage, invoices created from the Client Area, and fees of any kind.

Anniversary Billing

WAMHost Solution uses Anniversary Billing for service renewals and new service orders. The day of the month that an account is opened, would work as the recurring due date for the services purchased on the account and would function as the first day of every new billing cycle.

New services purchased on the account would have their first billing cycle and invoice prorated to allow for their next billing cycle to begin on the Client's recurring due date.

Zero-Tolerance SPAM Policy

WAMHost Solution has zero-tolerance for Clients sending unsolicited e-mail, unsolicited e-mailing, and SPAM. "Safe lists," purchased lists, and selling of lists will be treated as SPAM. Any Client who sends out SPAM will have their account terminated, and may be terminated without notice. Additionally, Clients who engage in unsolicited mailing will, at WAMHost Solution' own discretion, be charged a consulting fee of BDT Ten Thousand (10000 Tk.) only.

To protect the IP reputation of our network, and as a proactive measure to prevent our IP space from being used to distribute unsolicited e-mail, WAMHost Solution reserves the right to apply an SMTP filter as a precaution to accounts flagged by our Abuse Team.

Transfers

Our Support Engineers will make every effort to assist you with the move of your website or server to us. Transfers are provided as a courtesy service, and WAMHost Solution does not make any guarantees regarding the possibility, prospect, or time required to complete a transfer of accounts. Every hosting company is structured differently, and some hosting platforms retain data in an inconsistent or proprietary configuration, which may result in migration attempts being immensely difficult and possibly impossible to migrate partial or all account data. In certain situations, we may not be able to provide you the assistance in the transferring of data from a previous hosting provider. In no event shall WAMHost Solution be held liable for any lost or missing data or files resulting from a transfer to or from WAMHost Solution. You are solely responsible for backing up your data in all circumstances. You are also solely responsible for ensuring the integrity of the data once our engineer provide notice that to the best of their knowledge the migration is complete.

Backups and Data Loss

Your use of WAMHost Solution Services is at your sole risk. WAMHost Solution servers are setup with RAID to constantly mirror all data to a second disk. WAMHost Solution is not responsible for files and/or data stored on WAMHost Solution servers. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on WAMHost Solution servers. WAMHost Solution does not take backups of any kind of customer data, customer's are responsible for managing and backing up their own data.

WAMHost Solution Backup Service

Your use of WAMHost Solution' Backup Service includes the fee associated with WAMHost Solution setting up your initial backup service, as well as all support requests you may put in related to your backups service. It is your responsibility to ensure the integrity of your backups. WAMHost Solution assumes no liability related to the validity, and or integrity of the data contained within your backups. You are responsible for notifying WAMHost Solution, should you believe there is a problem with your backups. You are also responsible for monitoring and ensuring your backups continue to function after WAMHost Solution completes the initial setup of the backups service.

Refunds

See our Refund Policy page.

Unlimited Hosting Policy

WAMHost Solution will allocate an unlimited amount of disk space and bandwidth for our Shared and Reseller services. That unlimited disk space and bandwidth may only be used to store and transfer files relevant to the website(s) being hosted on those services. If a Client causes continuous server or service interruptions under their current plan, they will be asked to upgrade to a more powerful plan.

In the event that such interruptions are being caused, we would notify the Client, informing them they need to upgrade. In extreme cases, the service would be suspended to prevent further server or service interruptions. The service would also be suspended if the Client does not contact us after warning emails regarding the need to upgrade have been sent.

Bandwidth Overage Fees

The Dedicated servers that WAMHost Solution provides come with a set amount of monthly Bandwidth based on the offered service's tier or resources. The amount of bandwidth each server has resets monthly on the services recurring billing day (day of month service invoices on). It is the Client's sole responsibility to monitor the resource usage of their server(s). Client's can track and monitor bandwidth usage at anytime within the cPanel or WAMHost Solution portal.

 

Abuse Towards WAMHost Solution

At WAMHost Solution, Clients are treated with respect. In return, WAMHost Solution expects an equal level of respect from their Clients. If WAMHost Solution feels that a Client is being disrespectful or demeaning towards any staff member, the Client may be asked to move to a new hosting provider. That Client will then be given ten (10) days to move to a new host. After this time period, WAMHost Solution reserves the right to completely remove/terminate the Client's account. The Client will not be entitled to any refunds. However, refunds may be issued for advanced payments if WAMHost Solution chooses to do so.

Server Abuse/Customer Abuse

Any attempted attack against any WAMHost Solution server and/or Client being hosted by WAMHost Solution will result in automatic termination of the offending account with no refund including, but not limited to, no refunds for advanced payments, and a permanent banning of the offending Client.

Price/Plan Changes

WAMHost Solution reserves the right to change prices at any time. We will provide you with at least thirty (30) days prior to you being billed at the updated price. It is your sole responsibility to periodically review billing information provided by WAMHost Solution through the customer portal.

Changes to the Agreement or the Services

WAMHost Solution may modify, add, or delete portions of this Agreement at any time. WAMHost Solution will post a notice on the WAMHost Solution website for a period of thirty (30) days before the effective date of any such change. Thereafter, your use any of the Services shall constitute agreement to such change.

WAMHost Solution may modify, change, or discontinue any aspect of the Services at any time.

Termination

WAMHost Solution may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm WAMHost Solution or others, cause WAMHost Solution or others to incur liability, or disrupt WAMHost Solution's business operations (as determined by WAMHost Solution in its sole discretion); (iv) you are abusive toward WAMHost Solution's staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, WAMHost Solution will 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.

Upon termination of the services for any reason, user content, user websites, and other data will be deleted.

Account Credit

All account credits are tied to the account on which they were originally added. Account credits will not be refunded back to the Client.

Disclosure to Law Enforcement

WAMHost Solution may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. WAMHost Solution will cooperate fully with law enforcement agencies.

Disclaimer

WAMHost Solution shall not be responsible for any damages a Client's business may suffer. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by WAMHost Solution and its Clients. WAMHost Solution makes NO WARRANTIES of any kind, expressed or implied for Services provided. WAMHost Solution makes NO WARRANTIES of MERCHANTABILITY or FITNESS for a particular purpose.

IN NO EVENT WILL WAMHost Solution ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF WAMHost Solution IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WAMHost Solution'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WAMHost Solution FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Governing Law; Jurisdiction

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based on an alleged tort, shall be governed by the internal laws of the State of Washington, without regard to conflicts of laws principles. The Govt. of Bangladesh Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Entire Agreement

This Agreement, including documents incorporated herein by reference or otherwise referred to herein, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement and such other agreements constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.