Web Hosting Policies

By accepting and choosing to use The Wholesale Secrets Guide's as your web host you must adhere to the our Policies: Terms of Service, Acceptable Use Policy, Service Level Agreement, Resource Abuse, Mail Policy, Bandwidth Policy, DMCA Agreement, Account Transfers, Legal Statement.

Terms of Service

New Accounts
All new web hosting accounts purchased on our order page are set up within 24 hours by our account administrators provided the web hosting form has been correctly submitted and that the customer has a fully registered domain name. You will receive an email including login details when the account is ready. Due to unforeseen complications with various mail servers and any connection problems between your ISP and our Hosting servers, this process may sometimes be delayed. The Lifetime Web Hosting Special only applies to paid and active members of The Wholesale Secrets Guide, you forfeit the Lifetime Web Hosting if you cancel or dispute the charge from The Wholesale Secrets Guide.

Domain Names
In order to use the Web Hosting Special, you must have a fully registered domain name in order to start creating and developing your website. The Wholesale Secrets Guide does not register or provide domain names with the Web Hosting Special, it is the customers' responsibility to register their own domain name.

Overage Charges
Our hosting plan is designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.

Content
The Wholesale Secrets Guide believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They will be required to remove the content within a certain timeframe or face account suspension and/or termination.

We prefer that you self-govern your content and remain responsible and all-knowing of your website publicly provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individualy, which have growing and evolving content, is impossible. However, if The Wholesale Secrets Guide is made aware of any questionable content on a The Wholesale Secrets Guide Hosting-hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a The Wholesale Secrets Guide server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.

Liabilities
The Wholesale Secrets Guide makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall The Wholesale Secrets Guide be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by emailing our abuse department at info(@thewholesalesecretsguide.com).

Acceptable Use

Introduction
The Wholesale Secrets Guide is dedicated to providing top quality service at a very affordable price. The conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities. Failure to follow any condition will be grounds for immediate account deactivation without notice. The Wholesale Secrets Guide will be the sole arbiter as to what constitutes a violation of any of these provisions. Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension. To report suspected abuses or any violations of these policies, please contact our abuse department at info(@thewholesalesecretsguide.com).

Illegal Usage
The Wholesale Secrets Guide servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, prescription drug sales, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: pirated software, hacker programs or archives, warez sites, MP3, and IRC bots. Any type of forum/discussion board discussing where to obtain such files or one that distributes the files is also prohibited. Sites related to HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes are prohibited. The subscriber to The Wholesale Secrets Guide service agrees to indemnify and hold harmless The Wholesale Secrets Guide from any claims resulting from the use of the service that damages the subscriber or any other party. The Wholesale Secrets Guide will be the sole arbiter as to what constitutes a violation of this provision.

Illegal Content
The Wholesale Secrets Guide does not allow torrent clients or trackers due to copyright issues and resource abuse. Background daemons such as IRC bots, eggdrop, BitchX, XiRCON and any other program that interferes with normal server operation are not allowed. Web proxies are also not tolerated due to resource abuse. When using an account with shell, you are not allowed to run any servers or services on the The Wholesale Secrets Guide network. Servers are defined as perlbots, proxies, bitchX, psyBnc, root exploits, DDoS scripts, Shoutcast servers, etc. Running any of these will face an immediate suspension, and users will be subject to a fine no less than $50.00 USD, and no more than $100.00 USD. The Wholesale Secrets Guide reserves the right to terminate an account for these activities also.

Chat Rooms / IRC
The Wholesale Secrets Guide does not allow chat rooms, IRC or IRC bots to be operated on our servers.

Security
Users are prohibited from violating or attempting to violate the security of the The Wholesale Secrets Guide Network. Violations of system or network security may result in civil or criminal liability. The Wholesale Secrets Guide will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

1) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access,
2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
3) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing",
4) Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting,
5) Taking any action in order to obtain services to which such User is not entitled,
6) Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations,
Each hosting package purchased is unique to a do main name and use - you are not allowed to purchase multiple plans to obtain combined bandwidth &s; space. The Wholesale Secrets Guide will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Abuse
Any attempts to undermine or cause harm to a The Wholesale Secrets Guide Hosting server or customer of The Wholesale Secrets Guide is strictly prohibited. Any sub-networks of The Wholesale Secrets Guide and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

User agrees to only use shared hosting services for its intended applications. Misuses include scientific/grid/distributed computing, data warehouse/backup storage, or bandwidth sinks. The Wholesale Secrets Guide will be the sole arbiter to what is considered a misuse of service. User agrees to ask The Wholesale Secrets Guide in the event they are unsure of their application's fitness for our shared hosting services.

Client Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party.

Backup Policy The Wholesale Secrets Guide takes extreme steps to maintain system integrity. However, The Wholesale Secrets Guide shall not be held responsible for loss of data due to any cause. To ensure the highest level of data protection, The Wholesale Secrets Guide recommends that ALL information be backed up on your own computer. As with any data that you hold a high importance to, it should be in more than one location at all times. All The Wholesale Secrets Guide data backups are designed against hardware failure, not customer user error.

Actions Taken The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. The Wholesale Secrets Guide will be the sole arbiter as to what constitutes a violation of the AUP. The Wholesale Secrets Guide reserves the right to remove any account without prior notice.

When The Wholesale Secrets Guide becomes aware of an alleged violation of its AUP, The Wholesale Secrets Guide will initiate an investigation. During the investigation, The Wholesale Secrets Guide may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, The Wholesale Secrets Guide may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, The Wholesale Secrets Guide will notify the appropriate law enforcement authorities of such violation.

The Wholesale Secrets Guide does not issue credits for outages incurred through service disablement resulting from AUP violations.

The Wholesale Secrets Guide customers agree to indemnify and hold harmless The Wholesale Secrets Guide from any claims resulting from the use of our services that damages them or any other party. The Wholesale Secrets Guide Hosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. The Wholesale Secrets Guide expressly disclaims any representation or warranty that the The Wholesale Secrets Guide Hosting service will be error-free, secure or uninterrupted. No oral advice or written information given by The Wholesale Secrets Guide, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. The Wholesale Secrets Guide and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification
The Wholesale Secrets Guide reserves the right to add, delete, or modify any provision of this policy at any time without notice.

Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion. An example of refusal of service is if an account continues to abuse our policies after warnings. Refusal, cancellation or suspension of services especially holds true to issues with spam or any script abuse. Another example of refusal of service is if a customer becomes very unreasonable, unprofessional, extremely difficult to work with or threatening. Said customer's account will be suspended and we will recommend to the customer to find a new host. A backup of the account(s) will be provided.

Service Level Agreement

Coverage
This web site availability service level agreement (SLA) applies to you if you have ordered any hosting plan ("service") and you are in good financial standing with The Wholesale Secrets Guide.

Service Level
The Wholesale Secrets Guide endeavors to have network connectivity available for http access by third parties 99% of the time ("web site availability").

Restrictions
Credits shall not be provided to you in the event that you have no web site availability resulting from (i) scheduled maintenance, (ii) your behavior or the performance or failure of your equipment, programs or applications, or (iii) circumstances beyond The Wholesale Secrets Guide reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web Site.

Limitations
Online problems occur continuously. There might come a time when you cannot access your website or any other service. This is not necessarily due to The Wholesale Secrets Guide. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and the data center utilized and maintained by The Wholesale Secrets Guide, making communication difficult or impossible. We cannot bear the responsibility of such problems. Our monitoring agents determine the uptime of our service, and not any one client's experience.

Resource Abuse

Introduction
Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated server. The abuse and misuse of system resources is a serious problem, and The Wholesale Secrets Guide does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory that can be used by any one account.
In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU and memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU and memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.

Average Server Resource Limits
Memory usage may not exceed 10% per domain/file/application
CPU usage may not exceed 20% per domain/file/application
Apache connections may not exceed 30 connections
15 MySQL maximum user connections allowed
350 emails per hour, per domain

There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.

Suspensions
In the event your website has been suspended for resource abuse (abuse that cannot be resolved by removing/changing a script, etc.) and you do not wish to upgrade to a dedicated server to accommodate your site needs, we will only release the suspension within 24-48 hours. This is to ensure the CPU intensive site slows down in traffic to avoid further damage and problems. A backup will then be provided of your files or you will be allowed FTP/cPanel access for a certain time period. Any questions about our abuse policy may be answered by emailing our abuse department at info(@wholesalesecretsguide.com).

Mail Policy

Messages Allowed Per Domain, Per Hour
Clients hosted on our shared or reseller servers may only send up to 350 individual pieces of mail per hour.

Opt-in Email Marketing
If you choose to engage in marketing your site and/or services via email please heed the following. The only permitted form of email marketing is that in which the list is "opt-in". By definition, opt-in is where people provide you with their email address specifically requesting to be on your email list for information about your site and/or service. Even opt-in has its share of issues, so we cannot guarantee we will host this type of site on our network. If we find your account transmitting email to persons that did not authorize such activity, that is grounds to suspend and terminate your site.

UCE, UBE, Spam
The Wholesale Secrets Guide has a zero tolerance policy regarding unsolicited commercial email (UCE) and unsolicited bulk email (UBE) also known as "spam". Uploading, posting, emailing, transmitting or otherwise making available any UNSOLICITED or unauthorized advertising, or promotional materials where examples of these include but are not limited to "junk mail," "instant messaging," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation from or through a The Wholesale Secrets Guide server or using an email address or system that is maintained by
The Wholesale Secrets Guide is STRICTLY prohibited. The Wholesale Secrets Guide will be the sole arbiter as to what constitutes a violation of this provision.
If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a The Wholesale Secrets Guide
server as a mail drop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension and are subject to termination.

The definition of spam:
An electronic message is "spam" IF: (1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.

You will be cited with "UCE/UBE Abuse" if you send any email to persons who have not specifically asked to receive email from you. The sending origin of such email is irrelevant. Upon confirmation of abuse, any The Wholesale Secrets Guide customer engaging in this practice will have their service suspended. Not only does spam place a strain on the server that can negatively effect that server's uptime record and performance record, you subject that server to the possibility of being blacklisted.

If your site will be sending mailings out to subscribers, this is a checklist of what you are required to do:

You must not try to hide, forge or misrepresent the sender of the e-mail and sending site of the e-mail.

Bulk mailings must specifically state how the persons' e-mail addresses were obtained and must indicate the frequency of the mailing.
Bulk mailings should contain simple and obvious unsubscribe mechanisms. We recommend that this be in the form of a working link to a one-click unsubscribe system; however, a valid "reply to:" address may be used instead.

All subscription based e-mail must have valid, non-electronic, contact information for the sending organization in the text of each e-mail including either a phone number or physical mailing address.

All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to AOL upon request.

Prohibited Uses of The Wholesale Secrets Guide Hosting Systems and Services Regarding Spam
Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through The Wholesale Secrets Guide Hosting's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on The Wholesale Secrets Guide Hosting's servers, is prohibited. The Wholesale Secrets Guide Hosting accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by The Wholesale Secrets Guide Hosting customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any The Wholesale Secrets Guide Hosting-hosted domain, or referencing any The Wholesale Secrets Guide Hosting account, is prohibited.

Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at spamhaus.org.

We receive automatic reports from Spamhaus, AOL and SpamCop for our IP ranges. If there are more than three complaints logged against your site in one day, the site will be suspended until a resolution/explanation is made.