Terms of Service

The use of services from 1516048 Alberta Ltd o/a WritheM Web Soultions, located at writhem.com, [hereafter referred to as "WritheM"] constitutes agreement to these terms.

You may view our Privacy Policy here.

1.) Account Setup / Email on file

It is your responsibility to provide us with an email address which is not at the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with WritheM, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. WritheM is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our support team via email () or creating a support ticket in your member portal. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Ownership

The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.

Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

Third Party Providers

All transactions with third party providers are solely between the visitor and the individual provider. WritheM is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by WritheM are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party.

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 the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.

We do not make any representations or warranties regarding, and are 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. We do not warrant the accuracy or completeness of any information regarding third party providers.

2.) Content

All services provided by WritheM may only be used for lawful purposes. The laws of the Province of Alberta, the State of Florida, the state of California, the State of Texas, , Canada, and the United States of America apply. This may include limitations such as the transfer of sensitive data over the American/Canadian border as outlined in the Patriot Act.

The customer agrees to indemnify and hold harmless WritheM 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. Any account found to be in violation of any copyrights will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email with all pertinent information to locate the content and proof of ownership.

Using any account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups on our servers.

Examples of unacceptable material on our web hosting servers include:

Topsites
IRC Scripts/Bots¹
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket, Imgur, or Tinypic)¹
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance²
Prime Banks Programs
Lottery/Gambling Sites
MUDs/RPGs/PBBGs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Push button mail scripts
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIA, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Tell A Friend Scripts
Anonymous or Bulk SMS Gateways
Cryptocurrency Miners

Examples of unacceptable material on our Dedicated / VPS servers include:

IRCD (irc servers)
IRC Scripts/Bots¹
Pirated Software/Warez
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/spam Scripts
Escrow
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIA, FIFA, NFL, MLB, NBA,WWE, WWF, etc)

^{1 We may be able to host this type of service at one of our Calgary sites. Let us know about your needs
and we can arrange something.}
^{2 With prior proof of appropriate permit(s) WritheM can host this type of content.}

WritheM services, including all related equipment, networks and network devices are provided only for authorized use. WritheM systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of WritheM system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. WritheM may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, 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 troubleticket/email and will have a response within 48 hours.

Content hosted at WritheM's WM4-TX-US network site is regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. WritheM is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act, of the United States of America, fundamentally states that Internet services providers like WritheM and many of WritheM’s other webhosting services and brands are republishers, and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, WritheM should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under WritheM’s webhosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us at 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.

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 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name 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.

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, 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.

WritheM 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.

WritheM reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of WritheM.

4.) Payment Information

You agree to supply appropriate payment for the services received from WritheM, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify WritheM 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 the cancellation form located in the Client Portal. (To access the cancellation form, log into your account at writhem.com. Click My Services, click the green arrow to the right of the product you wish to cancel, then scroll to the bottom of the page and click “Request Cancellation”. Fill in the request box and click ‘request cancellation’). Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been cancelled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of WritheM, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify WritheM of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by WritheM. WritheM reserves the right to bill your credit card or billing information on file with us. WritheM provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 14 days and not paid will result in a late fee and/or an account suspension until account balance has been paid in full. The late fee is applied in addition to whatever else is owed to WritheM for services rendered. Access to the account will not be restored until payment has been received.

It is the customer's responsibility to notify our sales team via email at after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and WritheM cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our sales team via email at for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. We may however act against this normal policy on a per customer basis, and if we do, this should not be seen as a forfeiture or invalidation of these Terms of Service.

WritheM reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss

Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. WritheM is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on WritheM servers.

6.) Cancellations and Refunds

WritheM reserves the right to cancel, suspend, or otherwise restrict access to any account at any time with or without notice.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed through the original payment provider, in the original currency, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and WritheM is not responsible for any change in exchange rates between time of payment and time of refund.

Customers may cancel at any time via the cancellation request form located in the Client Portal. WritheM gives you an unconditional 30 day money back guarantee on Web Hosting Packages for any customer who paid the first invoice with Square or with Paypal. This does not apply to the Hosted Products or any Development Packages you may have purchased from WritehM. All Hosted Products and Web Development purchases are final. Additionally, All transactions processed through Interac Email Transfers are non-refundable and final.

Cancellations requested after the initial 30 days for Web Hosting accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 30 day period will be given on a prorated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been cancelled. Payments older than 30 days may require a refund via PayPal, Square, or Bank Transfer due to our merchant account policies and procedures. Any payments older than 60 days are entirely non-refundable.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

Bank Wire Transfers / EFT Payments
Email Money Transfers
Cheques
Money orders
Cash

There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Refund requests for .com, .net., .ca, and .org domain names (made within the 30 day money-back guarantee period) will have the common market value subtracted for those tld's. Any ccTLD's domain name purchases are non-refundable. Please note that domain refunds will only be considered if they were ordered in conjunction with a hosting package. Eligibility of said refunds will be determined at the time of cancellation.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

7.) Limits

7.1) Resource Usage

User may not:

Use 25% or more of system resources for longer then 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, minecraft, etc
Run cron entries with intervals of less than 15 minutes.
Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
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")
To help reduce usage, do not force html to handle server-side code (like php and shtml).
Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

7.2) INODES

Every file (a webpage, image file, email, etc) on your account uses up 1 inode. The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up.

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. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. 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".

7.3) Backup Limit

Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the 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 transfer in one month cannot be carried over to the next month.

9.)WritheM Guarantee

9.1) Money Back Guarantee

On dedicated servers, hosted products, or development services no full refund will be honored -- the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of WritheM’s web hosting products carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for web hosting packages and does not apply to dedicated servers, hosted products, development services, administrative fees, install fees for custom software, or domain name purchases.

WritheM will not activate new orders or activate new packages for customers who have an outstanding balance with WritheM. For a new order to be setup or a new package to be activated, you must have an owing balance of $0.00, unless otherwise stated by WritheM in writing.

9.2) Uptime Guarantee

If the server hosting your web hosting package or hosted products package has any downtime that is not within the 99.9% uptime, you may receive one month of credit on your account. Approval of the credit is at the discretion of WritheM dependent 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 and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact with justification. All requests must be made in writing via email. Uptime guarantees only apply to web hosting packages and hosted products packages. Dedicated servers and development services are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

9.3) Support Response Guarantee

If at any point you need support and submit a ticket or email to our support department but our support staff is unable to respond within 48 hours of receiving the ticket/email, WritheM will credit you one month of service. The time will be determined from the timestamps on our ticketing system or email server's received and sent timestamps. A credit will be issued for future purchases, but no refunds will be issued for this guarantee. You must be a current paying customer for the guarantee to apply. Only initial responses from our support team are guaranteed. To request a credit, please follow the same process listed under section 9.2 of this document.

10.) Reselling of our services

You may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. If you wish to offer web hosting our servers, please apply for a reseller account via

11.) Dedicated Servers & Development Environments

WritheM reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. WritheM reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this.

12.) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on WritheM’s website, and the right to increase/decrease the amount of resources given to plans at any time.

13.) Disputes

13.1) Indemnification

Customer agrees that it shall defend, indemnify, save and hold WritheM harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against WritheM, 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 WritheM against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with WritheM; (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 Writhem’s server.

13b.) Arbitration

By using any WritheM services, you agree to submit to binding arbitration. If any disputes or claims arise against WritheM or its subsidiaries, such disputes will be handled by an arbitrator of WritheM’s choice. Due to the location of our primary datacentre, an arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

14.) Disclaimer

WritheM shall not be responsible for any damages your business may suffer. WritheM makes no warranties of any kind, expressed or implied for services we provide. WritheM disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by WritheM and its employees.

15.) Disclosure to law enforcement

WritheM 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.

16.) Changes to the TOS

WritheM reserves the right to revise its policies at any time without notice.

Date of last update: 21 March 2020