TERMS AND CONDITIONS
SERVICES WE PROVIDE
In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you’ve selected during the signup process. For clarity, on this page, the term “services” refers to the web hosting and other services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program. The term “WebbyCtrl” or “us” or “we” refers to WebbyCtrl.
PERMISSION TO HOST CONTENT
For us to host the website template, we will upload the chosen WebbyCtrl Template to our servers. By purchasing hosting services from us, you acknowledge that this template is a copy being made, and we give you the permission (a license) to maintain these copies. You are solely responsible for providing all of the content that you have entered and/or provided to us as well as any other data that make up your website. Please note that even though we’ve uploaded a copy of our website template to our servers, you must always retain a back-up copy of your content, data bases and other web-files, as in effect from time to time, so you can reload them in the event of any technical issues, such as server problems, technical or system related issues, loss of that content from our servers, etc.
THE RIGHT TO LEASE OUR TEMPLATE
You are leasing the template – template ownership is owned by WebbyCtrl. You are not allowed to distribute or copy any part of website or host our templates elsewhere.
We have licensed the usage of stock photos used in our templates. Getting images from our template and using it for any marketing distribution is strictly prohibited and can cause legal ramifications in which you will be held liable for illegal usage of the images apart from what is otherwise granted as part of the template.
We grant the customer the right to edit the website’s content, remove images, add images and add any code that is beneficial to their business, so long as it does not break the law. In other words, you are allowed to changed the text, add or remove images as you see fit and add custom javascript or code that will help your business. However, please be aware that WebbyCtrl will not be held liable for any illegal or misuse of images or code added by you. Any legal costs or judgments held against WebbyCtrl will be collected from you.
This policy protects WebbyCtrl from any illegal actions by you as well as notify you of possible actions and outcomes should you break our policies.
PERSONAL INFORMATION
When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party (other than a company that may purchase WebbyCtrl), and will take reasonable steps to keep it from being disclosed to any third party.
WebbyCtrl is the data controller for the purpose of the Data Protection Act 1998.
By proceeding to use our services you consent that we may process the personal data (including sensitive personal data) that we collect from you in accordance with our Privacy Policy (http://www.webbyctrl.com/privacy-policy). In particular, we may use information we hold about you for the purposes of [internal review, to improve the content of our website, to customize the content and/or layout of our web page for each individual visitor].
Please address any questions, comments and requests regarding our data processing practices to info@webbyctrl.com.
Your consent to be called by a representative of www.webbyctrl.com and/or emailed important information about WebbyCtrl products and services.
BACKUPS
We will make every attempt to retain nightly backups. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic basis or sign up for our daily backup service.
Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all additional content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups.
Any file over 20MB in size will not be backed up onto our backup servers and in the event of server failure, will not be recoverable.
WebbyCtrl shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site.
User is solely responsible for making back-up copies of the User Web site and User Content.
WebbyCtrl does not maintain backup copies of any user content or materials, including without limitation any User Web sites, data bases, web files, or e-mail or other user data or information, or other content or materials. WebbyCtrl cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a back-up of a Web site will always be available. Users should always keep up-to-date copies of all such materials and content to a local computer and WebbyCtrl strongly suggest that Users regularly make additional copies (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of such files, content or materials.
ACCEPTABLE USE AND ILLEGAL ACTIVITY
WebbyCtrl strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card “phishing” techniques are also prohibited.
Hosting of files or other data that infringes on another’s copyright or other intellectual property rights.
Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
Uploading or linking to any content that violates another’s right of publicity or privacy.
Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
Hosting large amounts of data not specifically tied (“linked”) to your hosting account. WebbyCtrl encourages users looking for file storage/backup solutions to seek other services that specialize in this.
Hosting any material that, in our judgment, could be considered adult content, threatening, illegal, or violates our terms of service in any manner.
CONTENT
All services provided by WebbyCtrl may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless WebbyCtrl from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email info@webbyctrl.com with the information required.
Examples of unacceptable material on all Shared servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), 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, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any WebbyCtrl server.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
Examples of unacceptable material on Dedicated servers include:
Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
WebbyCtrl services, including all related equipment, networks and network devices are provided only for authorized customer use. WebbyCtrl does not monitor or prescreen content that customers post on their websites. Further, WebbyCtrl does not systematically monitor the content that is submitted to, stored on or distributed or disseminated by User via the Service (the “User Content”). However, at our discretion from time to time, systems usage may be monitored for all lawful purposes, including ensuring that use is authorized and in compliance with our terms and conditions and standards, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During usage monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of WebbyCtrl system(s) constitutes consent to such system monitoring for these purposes.
However, any material that, in our judgment, could be considered adult content, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), 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 us info@webbyctrl.com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. Failure to comply with our terms and conditions or with any notice we send to you may result in the immediate termination of your 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 on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure 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. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. All files over 10MB must be linked from files within the same account and also publically available through any domain name attached to your account. Large files (files over 10MB) should not take up more than 40% of the data on your hosting account.
ZERO TOLERANCE SPAM POLICY
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read www.Webbyctrl.com/mail-policy for our generalized mail policy. Sites advertised via SPAM (Spamvertised) 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 may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. WebbyCtrl 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. WebbyCtrl 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 WebbyCtrl.
RESOURCE USAGE
User may not use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server.
This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server’s CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here
WHEN THE SERVICES WILL BE AVAILABLE
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.
GUARANTEE
Upon early cancellation of your account, you will be charged a Cancellation Fee of $350.00 dollars – if you have chosen a 6 month or more hosting plan. You may request a refund for the remainder (un-used portion) of your term, excluding any setup fees that were charged when you signed up, and excluding domain registration fees. (Even if you received your domain for free through one of our promotional plans).
FULL REFUNDS ARE GIVEN DURING THE FIRST 14 DAYS [2 WEEKS] AFTER SIGNING UP. Setup Fees are not refundable after the 14th day. Additional services such as upgrades are not refundable after 30 days of usage. All refunds are subject to a $20.00 domain registration fee charge; however upon payment of such charge you will have the opportunity to continue to register and renew registration of your domain name after cancellation of your account. To cancel your account and then request a refund, email our billing team at billing@webbyctrl.com.
Please note: Any account upgrades to hosting services such as additional domain registration, Priority Support, WebbyCtrl Directory, Daily Backup, Dedicated IP, Domain Privacy, Private SSL certificates, Search Engine Submission, Upgrades, Site Transfer and Shell Access are non-refundable. In addition, we do not offer refunds on dedicated server plans as they are month to month and there are no contracts involved. WebbyCtrl also reserves the right to cancel your account with 72 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.
JOINING WEBBYCTRL
When you sign up, your WebbyCtrl account will be enabled with autorenewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed. When it is time for renewal, the credit card you have on file with us will also be charged. If you wish to not have this happen, and you would not like to renew your account, you must cancel 14 days prior to your renewal date. If you have any questions as to when your renewal date is, simply login to https://www.webbyctrl.net/billing/clientarea.php, or give us a call.
If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term, so please be sure to fill out the cancellation form provided by us if you do not want to renew. Your account renew dates are always listed in https://www.webbyctrl.net/billing/cart.php.
Please note that special offers are limited-time promotional prices that are available only to new customers and are valid for the initial term only.
By renewing or using your services and products you further agree to all of WebbyCtrl’s Terms of Services and any renewal prices.
If more than 30 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data, files and website will become in-active and cannot be accessed. If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately. You must have an active method of payment upon you account for your autorenewal at all times, failure to do so can result in you account being suspended or cancelled automatically.
If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, WebbyCtrl shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 60 days behind in making payments, your data will be deleted. You hereby acknowledge that this is WebbyCtrl’s policy when it comes to data retention, and waive all rights in and to your data in these situations.
WebbyCtrl may provide Google Adword Coupons as part of our hosting packages. These coupons are available in USD and are only available to USA citizens. The coupons can only be used as part of a brand new Adwords account or an account under 14 days old. WebbyCtrl may also provide Facebook & MySpace ad credits, these are available in USD only and are offered exclusively to citizens of USA. Credits are available to new Facebook and MySpace advertisers only. Any such coupon or other promotional programs are further subject to the terms of any particular offer or promotion.
Due to restraints by our domain registrar and the domain extensions we cannot fully manage domains with the TLD’s that are not listed on our domain registration page in our registrar’s account. We can host these domains, but only by pointing their name servers to us through your existing registrar.
Invoices for renewals will be issued and charged up to 14 days in advance to ensure the we receive cleared funds for the continued hosting service and domain renewal. WebbyCtrl is unable to process orders placed using virtual/pre-paid/gift cards as we are unable to accurately verify them. In such cases it is advised that you pay through a PayPal account if you have no other valid credit card to make the payment from. PayPal does accept Visa, Mastercard, Amex, and other credit card types for making payments to WebbyCtrl.
TERMS OF SERVICE MAY CHANGE
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.
DMCA COPYRIGHT INFRINGEMENT INFORMATION
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright
Agent (identified below) the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
Adescription of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright infringement can be reached as follows:
By email: support@webbyctrl.com
INDEMNIFICATION
If WebbyCtrl is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if WebbyCtrl is found liable or pays to settle the dispute. In legal terms, this is called “indemnification.” Not only do you agree to reimburse WebbyCtrl for what it pays to satisfy a judgment or settle a case, you also agree to pay WebbyCtrl’s reasonable attorney’s fees and all other costs WebbyCtrl incurs in defending itself.
DISCLAIMER OF WARRANTIES
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. We apologize for any inconvenience. WEBBYCTRL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WEBBYCTRL MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WEBBYCTRL DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
LIMITAION OF LIABILITY
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, WebbyCtrl cannot be held liable for it. IN NO EVENT SHALL WEBBYCTRL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF WEBBYCTRL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for a 3-month period for the services in dispute purchased from us, or, in the event of liability of WebbyCtrl due to your enrollment in the affiliate program.
TERMS APPLICABLE TO AFFILIATES
If you become an affiliate of WebbyCtrl, the following terms apply to you.
Our affiliate network is per invitation only. We do not openly advertise our Affiliate Program to all customers. If you were invited to participate, you are required to complete an affiliate application located at http://webbyctrl.com/main/join-us/affiliates/. The application will be evaluated, and we will notify you in a reasonable time whether your application has been accepted. At our discretion, we may decide for any reason that you cannot participate in our network. If you are a U.S. resident, we will require that you provide us with your Social Security Number or Tax ID number.
How it Works: We provide our affiliates with a unique tracking code. This code must be placed in the HTML of your website and when clicked on will direct visitors to your site to webbyctrl.com or one of our other websites. If the visitor to your site places an order in the following 365 days from the same computer (cookie tracking) or the same Internet connection (ip tracking), our automated system will track the sale and automatically credit your account.
In order for automated tracking to be successful the visitor must have clicked on your tracking pixel, have cookies and JavaScript enabled in their browser, not clear cookies or switch Internet Service Providers before placing your order. If the automated tracking fails for any reason and you wish to earn commission for this referral you must contact WebbyCtrl Affiliate Support at info@webbyctrl.com. When you contact us, please include the domain name, full name, and e-mail address of the customer you referred plus your unique affiliate URL so we may locate your account. The date and time of the order would also be helpful. Whether or not you are able to provide this specific information there is no guarantee we will be able to issue a credit to your account. We will investigate any missed commissions to the best of our ability and if our investigation concludes in your favor then account credit (applicable to any WebbyCtrl account) may be offered instead of the sum of $100 USD.
Each Affiliate is required to submit a W8/W9 tax form before WebbyCtrl will issue any Commission Fees. You are responsible for the payment of all taxes related to the commissions you earn under this Agreement.
Commissions will be paid to affiliates based on successful referrals. A successful referral, or sale, is defined as: a non-fraudulent, active for a period of thirty (60) days, not cancelled web hosting client who has paid for services in full and has been referred to us through your affiliate tracking link. Commission may not be paid for a Referred Customer that has transferred from any of our partners or subsidiaries. Affiliates are NOT permitted to offer coupon codes except those that are automatically entered on the WebbyCtrl sign up page. If a coupon code is entered within an order of a referral then credit for the sale may not be issued. Furthermore, Affiliates are not permitted to provide refunds or credits to their customers and WebbyCtrl will not pay commission if the Referred Customer has joined a business-opportunity program that is managed or participated in by the Affiliate.
Because of the high frequency of credit card fraud and cancellation rates, we reserve the right to hold commissions for up to 90 days for verification. We also reserve the right to cancel commissions in the event that we are unable to collect funds, the order is fraudulent, the customer cancels within the first 30 days, or if we learn that the commission was earned improperly for any other reason. Affiliates are NOT permitted to offer coupon codes except those that are automatically entered on the WebbyCtrl sign up page. If a coupon code is entered within an order of a referral then credit for the sale may not be issued.
There is only one pay period during every month. Pay periods are four weeks long. The pay period is the 1st of the month until the 30th. WebbyCtrl will process affiliate commissions for the past month period before this on these dates and issue payments. For example: On January 5th you earn $100 via the WebbyCtrl Affiliate Programs. The commission becomes mature 60 days after we track it, or in this case on February 5th. This time frame allows us to evaluate every order and assess its validity. In the event we are unable to verify the order during this time frame, we may, at our sole discretion, hold your commission or cancel the order. Cancelled commissions cannot be reinstated.
It is your responsibility to keep your contact information up-to-date including your; tax identification number, email, postal address and any other information that may impact WebbyCtrl’s ability to contact you or issue and send your commission payment. If WebbyCtrl does not receive the necessary tax or payment information within 90 days of a Commission Fee being earned, WebbyCtrl will consider that Commission Fee to be forfeited by the Affiliate, and no payment will be issued. Cancelled or forfeited commissions cannot be reinstated.
WebbyCtrl is not responsible for any third-party fees charged by PayPal, bank or other financial institute used to receive Affiliate Commission Fees.
Base Commission rates are posted on www.webbyctrl.com/affiliates and will be updated from time to time. If you have received a custom commission from us in exchange for a large number of referrals, then WebbyCtrl may modify your account settings to reflect this. We consider custom commissions for any affiliate who is able to send five (5) or more new customers per month. Our various programs are managed by various affiliate managers, which can be found at https://www.webbyctrl.net/billing/affiliates.php
EMAILS AND PUBLICITY
Affiliates shall not create, publish, transmit or distribute, under any circumstances, any bulk electronic mail messages (also known as “SPAM”).
TRADEMARKS
Affiliates shall not and are not authorized to (i) use the WebbyCtrl trademark, name or any of our other intellectual in a domain or website name, in any bids for keywords or Google Adwords (or similar programs at other search engines), in any search engine advertising (paid or otherwise), in any metatags, key words, advertising, or search terms.
AFFILIATE SUPPORT SERVICES
WebbyCtrl will provide reasonable support services to affiliates. Certain affiliates who have demonstrated a high level of volume will be assigned dedicated account managers. In most cases, affiliate managers are assigned based on the brand which you are promoting.
TERM OF THE AGREEMENT
The term of this affiliate agreement will begin upon our acceptance of your affiliate program application, and will end when terminated by either involved party. Either party may terminate the affiliate relationship, with or without cause, by giving written notice of termination to the other. Notice of termination must be delivered to us by sending an e-mail to info@webbyctrl.com. Once terminated, you will not be eligible to receive commissions for any future referrals.
GOVERNING THE LAW AND CHOICE OF FORM
The laws of United States, the State of California will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Los Angeles, California .
This agreement becomes effective once you submit your order with us or open an account with us for web hosting services of any kind (dedicated, vps, shared, etc.) or open an affiliate account at https://www.webbyctrl.net/billing/affiliates.php. If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification.
By using WebbyCtrl services you agree to the above terms of service.