Terms of Service

Hosting

The use of services from Burgess Trust trading as Webwings Internet Marketing [hereafter referred to as "Webwings"] constitutes agreement to these terms.

1.) Account Setup / Email on file
We will setup your account after we have received payment or an order in writing. It is your responsibility to provide us with an email address which is not @ 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 Webwings, 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. Webwings is not responsible for a lapsed registration due to outdated contact information being associated with the domain.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 us via email. 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.

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 14 days from your sign up date. Transfers outside of the 14 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

2.) Content
All services provided by Webwings may only be used for lawful purposes. The laws of the State of Queensland apply.

The customer agrees to indemnify and hold harmless Webwings 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 anothers copyright 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 This e-mail address is being protected from spam bots, you need JavaScript enabled to view it with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Using a shared 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.

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

• Topsites
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• 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 substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery/Gambling Sites
• MUDs/RPGs/PBBGs
• Hateful/Racist/Harassment oriented 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, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Examples of unacceptable material on all Dedicated servers include:

• IRCD (irc servers)
• IRC Scripts/Bots
• 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
• Hateful/Racist/Harassment oriented 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

Webwings services, including all related equipment, networks and network devices are provided only for authorized customer use. Webwings 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 Webwings 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. Webwings 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.

If in doubt regarding the acceptability of your site or service, please contact us at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it 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 and 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" and purchased 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, 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.

Webwings 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.

Webwings 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 Webwings.

4.) Payment Information

You agree to supply appropriate payment for the services received from Webwings; i.e 14 day payment terms. You agree that until and unless you notify Webwings of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. 

Cancellations must be done in writing via email. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we cancel your account. You are responsible for removing all files from the server prior to cancelling your service. Webwings accepts no responsibility for files lost after service cancellation. We require that cancellations of service are done through email (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 Webwings, 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 Webwings of your desire to cancel any or all services received, those services will be billed on a recurring basis, unless otherwise stated in writing by Webwings. Webwings reserves the right to bill your credit card or billing information on file with us. Webwings provides a 7 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 7 days and not paid will result in a $50 late fee and/or an account suspension until account balance has been paid in full. The $50 late fee is applied in addition to whatever else is owed to Webwings for services rendered. Access to the account will not be restored until payment has been received.

Domain Renewal

It is the customer's responsibility to notify us via email at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it 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 Webwings cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

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. If you require assistance with this provision, please contact This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Webwings 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 is ran on Sunday or Monday of each 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. Webwings 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 Webwings servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Webwings.

6.) Cancellations and Refunds

Webwings reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via email.

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

• Bank Wire Transfers
• Direct Bank Deposits
• Money orders

There are no refunds on hosting services.

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

7a.) Resource Usage

User may not:
1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) 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.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
Users are strongly recommended to:
9) 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")
10) To help reduce usage, do not force html to handle server-side code (like php and shtml).
11) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

Email Marketing

 Webwings Internet Marketing will provide access to the email marketing service for clients to send the agreed number of email's per month.  

 It is the clients responsibility to ensure that all data is backed up (e.g. but not limited to client lists, email templates,forms etc).  Webwings Internet Marketing will not be liable for any loss of business to a client for loss of data.

The email marketing service is not to be used to SPAM or distribute innapropriate  content (including but not limited to pornography, casino advertising, etc.).  Any account in breach of these terms will be suspended and possibly terminated immediayely.

Email marketing is paid for on a monthly subscription basis.  Webwings Internet Marketing reserves the right to terminate any account without notice for non-payment.  Access will not be provided to any client who's account has been terminated for non-payment until payment is made.  If payment is not received within 30 days of the invoice date, Webwings Internet Marketing reserves the right to terminate the account and remove all files.  Webwings Internet Marketing will not be liable for any damage that this may cause to a client's business.

SEO Campaigns

You can view the terms of service for SEO campaignsby clicking here>>>

Terms of Service for other Services

Non Payment

Webwings Internet Marketing reserves the right to terminate any service that has not been paid for within 30 days of the invoice date and without notice.  Webwings Internet Marketing will not accept any liability for loss of income or other costs incurred by a client who's services are terminated for non payment.

It is the client's responsibility to ensure that all services consumed are paid for as invoiced.