General Website Hosting Terms of Service and Acceptable Use Policy

TERMS OF USE

Upon signing up for 12Wonder Web Web Services Hosting, all customers agree to comply with all 12Wonder Web Services Hosting Terms of Use and Acceptable Use Policies, and accept all published Dislcaimers in this document and elsewhere throughout the 12Wonder Web Services web site. The spirit of this policy is to ensure our customers are using 12Wonder Hosting services with due regard to the rights of other Internet users and in conformity with the requirements of 12Wonder Hosting network environment.

The word "customer" when used in this site refers to any user of our services, whether paid hosting or free NPCS nonprofit hosting. It may be used interchangeably with the phrase "hosting account holder".

CUSTOMER ACCOUNT PROFILES

All information in the customer account profile and all Contacts/Sub-accounts in the customer account must be accurate and current, with real name, current address, and valid, reliable contact email and phone number. In the account main profile, the First and Last Name must be the actual first and last name of the person who is the owner or administrator of the account. In customer account Contacts/Sub-Account profiles, the First and Last Name must be the actual first and last name of the person who is authorized to be an additional contact or sub-account for the account. Any attempt to anonymize or obfuscate the customer account profile or any of its Contacts or Sub-Accounts, if any, may result in deactivation of the account without notice. This also applies to use of a non-real name or a phony/false name; use of initials instead of a name; use of full or partial company or organization name rather than a real person's first and last name in First Name and Last Name fields, respectively; inaccurate or false address, email address, or phone information.

THIRD PARTY REPRESENTATIVES

If the customer has a third party representative, for example an employee, contractor, or web designer/developer managing the account on Customer's behalf, ultimate responsibility for Payments and for compliance with all TOS/AUP remain with the Customer who owns the account.

ANNOUNCEMENTS

Announcements pertaining to server maintenance and other issues which may affect hosted websites will be emailed to the primary address on file in the customer account or to the email address on file in the website's cPanel control panel.

RELIABLE EMAIL REQUIRED

The web hosting account holder is responsible for ensuring that a reliable, valid email address is on file in the hosting account's corresponding Customer Account at 12Wonder.com, through which the account holder can and does receive all communications from us without delay. It is customer's responsibility to ensure that a reliable email address is used which does not filter mail from 12Wonder, and/or that all email "@12wonder.com" and "@my.12wonder.com" are on the customer's email filter Safe Senders list or whitelist, to prevent emails from us from being incorrectly blocked, filtered into customer's junk mail folder/s, or falsely tagged as spam/junk and ignored. We MUST be able to communicate dependably via email with our account holders.

Failure by the customer to receive or read emails from 12Wonder, including but not limited to system generated emails related to billing, account data or account access, password requests or resets, support, expiry, renewals, and announcements is no excuse for making payment on time and complying with all Terms of Service. No exemption from fees or penalties shall be granted based on customer's claim that he or she did not/could not receive or read emails.

Failure by any customer to provide or maintain a valid email address in his/her customer account at which the user can and does receive and read all emails sent to him/her by us, or refusal of the customer to accept emails sent by us regarding their account/s and services, may result in termination of all services. The hosting account holder is also responsible for maintaining valid updated email contact information in the hosting account/s cPanel/s, at which to receive server notices regarding bandwidth or disk space, or announcements from us pertaining to major server issues.

ILLEGAL AND/OR UNACCEPTABLE USE AND OTHER PROHIBITED CONTENT

The 12Wonder hosting servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, images, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; content identifiable as belonging to, or associated with, another company, organization, or government agency in an attempt to mislead, lend false credibility, or defraud the public; material that is racist or encourages hate crime, is obscene, threatening, could be considered to constitute, promote, or condone an illegal activity or threat, gives rise to civil liability, or otherwise violates any law.

Examples of unacceptable content, redirects, or links include sites that condone, promote, or encourage: any crime; pirated software; spyware, viruses, or trojans or programs that install them; hacker programs or archives; Warez sites; MP3 file sharing; illegal activities or products; HYIP, High Yield Investment programs, High-Yield Interest programs, Bank Debentures and Bank Debenture Trading Programs, Prime Banks Programs, or similar sites; Ponzi, MLM (Multi Level Marketing), Pyramid, Cash Gifting, "biz op" schemes, programs, or sites that are grounded in no product or service but require recruiting many people in order for the financial rewards to be realized; gambling and/or betting; pharmacy or prescription related sites; FFA (Free-For-All), link grinder, link farms, link farm scripts, FFA links or link-only sites; search engine link-spamming or related sites; and IRC bots.

OUTSIDE THE U.S.

Those who choose to access the 12Wonder services from outside the United States do so on their own initiative and are responsible for compliance with U.S. laws and also to their own local laws, if and to the extent that local laws are applicable. Services are further subject to United States export controls, including, without limitation: laws regarding the transmission of data, use of software and other technologies including but not limited to encryption, exported from the United States or from the country in which you reside. Neither Software nor the underlying information or technology may be provided, downloaded, or otherwise exported or re-exported to

• (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has embargoed goods and services, or
• (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

By using 12Wonder Web Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

HIDDEN CONTENT

No web site may be entirely or mostly password-protected so that there is little or no content visible to the general public.

ADULT CONTENT

We do not provide adult hosting. Adult-oriented sites are not allowed to be associated with any 12Wonder server. This includes but is not limited to sites, redirects on sites, or links that are associated in any way with nudity, sex, adult-related content, bestiality, or child pornography; or sites, redirects, or links which promote hate against any group ("hate groups"). Hosting accounts containing sites, redirects, or links of such nature will be removed immediately and you will not be refunded. This is also true for hosting accounts containing sites, redirects, or links that promote any illegal activity or content that may be damaging to our servers or any other server.

MINORS

12Wonder does not provide services to minors. If you are under 18 years old, you may use our services only with involvement of a parent or guardian. All accounts for minors must be in the name of the parent or guardian and must be with the parent or guardian's full consent. Additionally, all such accounts must be closely supervised by the parent or guardian to ensure that all Terms of Service and Acceptable Use Policies are complied with.

SECURITY

Here at 12Wonder we take server security very seriously. 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, probing, or scanning of 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, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Account holders are responsible for guarding their login credentials. Distribution of hosting/cpanel login information should be limited to the account holder and, if appropriate, to ONE web developer. Wider distribution of login credentials disregards server security and poses a serious security risk. Any evidence of disregard for server security by a 12Wonder customer will result in immediate termination of that customer's hosting account.

USE OF RESOURCES

Any web site that, for any reason, uses a high amount of server resources such as but not limited to CPU time, memory usage, bandwidth, and network resources over their share of limits, is subject to immediate suspension, and will then be given one or more of the following options: to pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, upgrade its service plan, or terminate service and move to a different host. Options provided will be at 12Wonder's sole discretion and will depend on the specific circumstances. Use of mailing lists within the hosting account's email functions can cause high/runaway CPU and memory resource use especially with large lists. Frequent or heavy use of mailing lists, or mailing to lists containing many email addresses, will probably result in our notifying you that your hosting account will be terminated unless you stop using your list/s on our servers. Additionally, use of any mailing list without double opt-in to send bulk email, or commercial or advertisement email of any kind will result in immediate permanent non-refundable and irrevocable termination of your hosting account.

12Wonder provides comprehensive hosting-related and domain-related (for domains registered here) support at no cost to every possible and reasonable extent for all customers. For issues beyond the scope of hosting and domain support, we are happy to provide service at reasonable cost. Such additional services include include tutoring, website development, website maintenance/editing, graphics design, search engine placement and marketing assistance, social media management, and computer technical support.

DOMAIN NAME REQUIRED

All hosting accounts must be associated with an active, unexpired, functioning domain name with active DNS pointed to the correct name servers assigned to the hosting account. Domain registration is not included with hosting accounts, but may be purchased separately. Customer is responsible for maintaining his/her domain registration and all subsequent registration renewals.

URL MISAPPROPRIATION

12Wonder may, on a case-by-case basis, provide upon request to established customers who have a good history with us, an IP-based or servername-based URL (http://12.34.567.89/~username/ or http://servername.hostname.com/~username/ --examples only; these are not real URL's) for temporary use for purposes of uploading and testing of web pages during the initial DNS propagation process. However, using the IP or servername URL takes its resources from the entire server and not from the domain's actual hosting account. For this reason we do not allow IP or servername URL use as a substitute for having the hosting account work off the hosting account domain name. Additionally we do not allow ANY sites to use the IP or servername URL as a substitute for having a real, working domain with properly pointed name servers for the hosting account.

Any web site which is found to be using the IP or servername for its URL on any of its pages or scripts after a reasonable amount of time has passed for the domain's DNS to have resolved to the assigned name servers for the hosting account (usually a maximum of 48 hours after new hosting account setup), is subject to suspension without prior notice. Likewise any hosting account which is found to be using the IP URL or servername URL for any kind of redirect may also be suspended and/or terminated.

SCRIPTS & APPLICATIONS

Script sharing with domains not hosted by 12Wonder is not permitted. For example, you may not provide in any form (web site, emails, etc.) a script or application which you are using in your hosting account for the benefit of another site on another hosting service, or in a free hosting account, so that they/you may utilize on the other web site the script or application which is installed in your account. Nor may a 12Wonder hosting account be used for the purpose of "catching" or capturing emails generated by a script used on another site. Any script or application deemed to be in violation, or adversely affecting server performance or network integrity, will be shut down without prior notice and without refund.

If the customer uses any third party scripts or applications, it is the customer's responsibility to ensure that the script or application is securely written and kept updated with all necessary security patches if applicable. Web hosting service does not include the unpacking, rewriting, patching, or reprogramming of your scripts and applications for you. Any script or application, file, and/or directory found to pose a security risk will be immediately disabled without notice. Depending upon the severity of the issue, the hosting account may also be suspended and may be subject to suspension and reactivation fees as well as potential fines. Additionally, as part of reactivation, all insecure or potentially insecure directories, scripts, and/or files in the hosting account will be deleted and/ordisabled by us at the time of reactivation.

BACKGROUND RUNNING APPLICATIONS AND CRON JOBS

Background applications and cron jobs are allowed within hosting accounts, but are limited to no more than every 15 minutes.

IRC

12Wonder Hosting does not allow IRC or IRC bots to be operated on our servers.

UCE (Unsolicited Commercial Emails or Advertisements) / SPAM / Bulk Mailings / List Mailings

12Wonder has a zero tolerance policy for spam. Spamming, the sending or attempted sending of unsolicited commercial or advertisement email, or sending bulk/mass or list emails from or through a 12Wonder server, or about any web site on a 12Wonder server, or by using an email address or script that is maintained on a 12Wonder Hosting machine, or spamming chatrooms, newsgroups, or forums with unsolicited advertisements for any domain hosted or registered by 12Wonder, is STRICTLY prohibited. 12Wonder will be the sole arbiter as to what constitutes a violation of this provision. Generally as regards email, if commercial, advertisement, or bulk/mass email of any kind is to be sent out by a 12Wonder Customer or by any agent representing Customer's site or domain, the Customer MUST use double-opt-in. This means the sender (Customer) must retain verifiable proof (e.g. server logs, documents, etc.) that each email recipient requested to receive commercial, advertisement, or bulk email specifically from Customer, and this request must additionally be verified by a return confirmation email from the potential subscriber using the same email address that was submitted by the subscriber to the list. If Customer cannot produce on-demand proof of double-opt-in for every recipient of email list/s specifically for the purpose of receiving email from the Customer (or representative) who sent the mail, then email sent to the list shall be considered spam, and the account will be terminated. An auto-responder to the email recipient does not constitute proof of double-opt-in. Commercial, advertisement, or bulk email sent or attempted to be sent, to any unverified recipient by/for the Account Holder will also be considered to be spam.

If a hosting Customer or his/her agent or third party representative sends or attempts to send commercial, advertisement, or bulk email to addresses on a bought, leased, or rented email list or "safelist" whether opt-in or not, this too will be considered spam or attempted spam. Customers are also in violation of this provision if they engage in spamming using the service of another ISP, but reference in the spam or bulk mail a web site hosted on a 12Wonder server or a domain registered at 12Wonder.

Additionally, use of insecure passwords, or use of insecure scripts or applications, which result in allowing spam to be sent from any hosting account will not be tolerated. Violators of spam restrictions will be assessed a minimum fine of $100.00 and will face immediate suspension or termination (deletion) of the entire hosting account. Accounts terminated for spamming will not become re-eligible for hosting on any 12Wonder server.

In addition to double-opt-in, all email to any list must contain instructions telling the recipient how he/she may be removed from the list. Any request for removal must be immediately honored.

As regards unsolicited posting of advertisements in forums, chatrooms, or newgroups (hereby all referred to as "Forum"), if posting such unsolicited advertisements for web site/s is against the Forum TOS, such advertisement if posted by a 12Wonder customer or customer's representative will be considered by us to be spam.

SUMMARY: A 12Wonder Account Holder may generate an email subscription list by inviting people to sign up for a specific email list at his/her own web site. However, any person who signs up for that list must confirm their subscription directly to Hosting Account Holder by returning a confirmation email from the submitted email address. This return confirmation email from the subscriber is the 12Wonder Account Holder's only proof that the subscriber is indeed the person who requested to be on the list for the purpose of receiving commercial, advertisement, or bulk email from the Account Holder. It is only after receiving this confirmation email that the 12Wonder Hosting Account Holder (or agent) may send commercial, advertisement, or bulk email to the subscriber.

AUTOMATIC EMAIL FORWARDING FROM HOSTING ACCOUNTS

While 12Wonder provides email forwarding service as part of every paid hosting account, this may be used only for local forwarding of email within the hosted account, or to another email address hosted on a 12Wonder server. Automatically forwarded mail cannot be filtered, but is rather just relayed. In order to protect our web hosting servers from being blacklisted as spam relayers, automatic off-server forwarding or relaying of email off the server from within a web hosting account is strictly prohibited. Instead, you must use POP3 or IMAP in your own email client, or Webmail which is provided as part of every hosting account, to retrieve your email directly from actual domain email account. Alternatively, you may set up custom MX records within cPanel to allow remote mail handling.

Any off-server forwarder which we find set up in any hosting account will be deleted by us without notification to the customer. A hosting account that repeatedly violates the off server forwarding restriction may be switched by us without notice to a mail-restricted package which disallows forwarding of any kind.

Note the above policy regarding off-server forwarding applies to forwarding from within a Web Hosting account. It does not prohibit off-server forwarding from a simple Domain Registration E-Mail Forwarder, which is available for domains registered at 12Wonder and utilizes the default domain registration DNS. When using this type of forwarding, custom DNS setup is required.

EMAIL AUTO-RESPONDERS

Although we allow email auto-responders in paid hosting accounts, we expect users to exercise common sense when applying them. Auto-responders tell spammers that they have reached a live, valid email address. Live email addresses found this way are sold by spammers to other spammers as "confirmed" email addresses. This exponentially increases the volume of incoming spam. Therefore, any hosting account that uses auto-responders simply for the purpose of announcing to the sender that the email has been received, or that the recipient will reply soon, or similar, is subject to removal of such auto-responders by us without notice. We do not want our servers to be spam magnets, and use of auto-responders for nothing but an autßo-reply is foolish. If you have questions about whether an auto-responder is acceptable, please submit a helpdesk ticket specifying what kind of autoresponder you wish to have approved.

SERVER ABUSE

Any attempts to undermine or cause harm to a 12Wonder server or customer are strictly prohibited.

DATABASES

Any database (MySQL or otherwise) stored on 12Wonder servers shall be limited in size to 50% of the total disk space allotted for that particular domain's web hosting account. For multi-domain hosting, the total database space used by all domains on the hosting account shall not be more than 50% of the total disk space allotted to the hosting account.

PRE-INSTALLED APPLICATIONS (CPANEL/SOFTACULOUS)

12Wonder hosting provides easy auto-installers of many web scripts, applications, and website builders from within cPanel and Softaculous. These are all third-party software packages written by other companies and therefore are not supported by 12Wonder. Such applications may include but are not limited to: Site Mush Website Builder, Wordpress, Joomla, Drupal, and other Content Management Systems (CMS); Shopping Carts; Image Galleries; Forums; Forms; Blogging applications; and all others available in cPanel and Softaculous. If you choose to install any of these applications onto your web space, you do so at your own discretion and at your own risk: 12Wonder will not be liable for damages resulting from improper scripting of/in a program; lost, overwritten, or damaged databases; or any other problems on your web space resulting from installation of these scripts. If 12Wonder becomes aware of any security issues with any of these scripts, they are subject to immediate disablement without notice or refund. We will attempt to notify users if this occurs. However, at times it may be necessary for the safety and security of a server and all sites on it, to disable first, notify later. Notification may take the form of an announcement posted on the 12Wonder.com website, or a mass email sent to the email address on file in each user's cPanel notification preferences.

Since we did not write the applications in cPanel and Softaculous, we do not and cannot provide support for the actual operation and/or customization of these programs; we can only ensure that they are installed on the server and that the server itself is running properly. Most of these apps require some extra effort to customize the look for logos, colors, etc. 12Wonder does not provide this customization. We do provide links to each applications's home page and/or support forums at installation time so you can seek assistance from the script's authors. If you choose to install or use any of these applications, you accept responsibility for checking in frequently and regularly at the application author's homepage and/or website to ensure that you have the latest patched version of that app, even if the initial installation was done via cPanel or Softaculous. If a patch is available for any application in your website, especially as pertains to a security update, you are responsible for updating your script immediately according to the application author's instructions, regardless of whether the new patch is yet available via Softaculous or cPanel. As to the actual running of the programs, although most of these applications are stable and run smoothly if used "out of the box" as installed from cPanel or Softaculous, occasionally there may be problems especially if the script's authors have recently released an update. If you run into a question or problem after installing any of these applications and we determine that the problem is coming from within the script itself and is not a server issue, we will advise you that you should contact the application programmer/s directly and/or visit their support forums.

SSL CERTIFICATES

12Wonder installs SSL Certificates as part of Premium Hosting packages. We front the entire annual cost of any SSL certificate regardless of how long (or short) the customer retains the hosting account. Therefore, any SSL Certificate installed as part of a hosting package shall not be transferrable to any server outside of 12Wonder.

TERMS OF PAYMENT

All hosting orders are considered to be automatically recurring and shall be billed on a recurring basis until the Customer requests cancellation of hosting prior to the next payment made or the next renewal date, whichever comes first, by submitting a valid cancellation request. Hosting prices are subject to change without prior notification. If prices change, the new price will be effective beginning with the next billing cycle and will automatically be reflected on the hosting renewal invoice.

If cancellation of hosting is desired, for security and liability reasons cancellation requests must originate from within the customer's account, or sent to us from an email address which is already on file in our records for the owner of the hosting account. Telephone requests and Contact Form requests for cancellation cannot be accepted, due to the impossibility of authenticating such requests. Customer shall be responsible for payment in full of all hosting invoices generated through such time as the hosting account is terminated via a valid cancellation request. Because 12Wonder must pay non-refundable transaction fees on all payment transactions, we cannot issue refunds for hosting orders or renewals already paid for.

12Wonder Hosting accepts payment for all paid Hosting Packages by credit card (MasterCard or Visa) or by PayPal.

"Due date" is defined as the calendar anniversary of hosting renewal based upon the billing cycle. For example, if hosting was ordered Annually, the next due date for hosting payment (excluding domain renewal/s) will be one calendar year after the initial order was placed. Monthly hosting due dates are each calendar month; and so on.

After the initial hosting order, hosting renewal invoices for accounts in good standing are sent to the customer via email approximately 5 days before each next due date. All amounts shown are in U.S. Dollars. If there is a valid credit card on file in the account on the date the Invoice is due, and if Affirmative Intent removal has not been triggered, then the credit card will be charged on the actual due date (U.S. Eastern Time). If there is no valid payment method on file on the due date, then the Customer is responsible for ensuring payment is made by logging in and paying the invoice manually.

CUSTOMER'S RESPONSIBILITIES

The web hosting customer is responsible for ensuring that payment is made for each Invoice, and that a valid email address is on file in the corresponding 12Wonder Client Account portal so that the customer can receive billing communications and all other communications from us.

It is customer's responsibility to ensure that emails from "@12wonder.com" and "@my.12wonder.com" are not filtered by Customer's email provider which could prevent delivery of automated emails such as recurring Invoices, Overdue Notices, etc. from being incorrectly blocked or routed into customer's junk mail folder/s, or falsely tagged as spam/junk and ignored. See also: Reliable Email Required.

OVERDUE NOTICES

If we must send an "Overdue" notice to the customer via email, this means that we have not received payment.

If customer has been sent an Overdue notice, it is the customer's responsibility to login at our site and attempt payment immediately. If payment fails again at that time, the customer should submit a HelpDesk ticket to make payment arrangements.

Any customer with an Overdue Invoice shall not be eligible for support of any kind except that which relates to payment. Additionally, any new order placed by a customer with an Overdue Invoice in his/her account, or by a customer with a history of Termination for Nonpayment or more than three late payments in the past year, is subject to being refused and voided without processing.

PAYMENTS AND RECURRING PAYMENTS SETUP (not applicable to Free Hosting accounts)

MASTERCARD AND VISA USERS:

Payments will appear on the customer's credit card or PayPal statement as "1-2-WONDER".

12Wonder Web Services is a PCI-Compliant Internet business, and as such requires documentable affirmative action by customers to enter and authorize credit card information for payments. (See also: Affirmative Intent) We cannot pursue customers for credit card information, nor can we telephone customers to request or collect payment information.

If a hosting-only initial order is paid with a credit card, the card information may be encrypted and stored in the "Your Stats" area of the customer's User Account at our site. (Note that new orders containing domain registrations may or may not retain card information on file, depending on various factors.) Regular hosting payments will be automatic and recurring if valid credit card information is on file, unless affirmative intent is in question.

To add card information, or to change which credit card will be used for recurring payments, the customer can do so as described in this Knowledgebase article.

It is the customer's responsibility to ensure that his/her credit card is valid. We are charged a fee by the credit card processor every time a customer's credit card is declined. Therefore, for every credit card payment attempt that is declined, a fee of USD $0.85 (85¢ US) will be charged to the customer. 12Wonder at its discretion may delete invalid/declined credit card information from a customer's account if payment attempts result in declined transactions. The customer should contact his or her issuing bank and resolve any credit card problem/s before trying to use a declined card again. If the credit card is not valid, or if the customer does not want it charged automatically, it is customer's responsibility to remove the card from his/her account or to notify us that the card on file should not be used for payment.

AFFIRMATIVE INTENT

IMPORTANT:   If we are notified by either the Customer or customer's Third Party Representative that there is any doubt or question as to whether Customer's intent is to retain the service for another renewal period, and/or if we are notified by Customer or customer's Third Party Representative that there is a possibility that auto-renewal payment capture may result in a Chargeback by the owner of the payment method on file, this will trigger Affirmative Intent Removal of payment information from the account.

In an Affirmative Intent Removal action, auto-renewal Invoicing will still occur; however, we reserve the right to disable or remove any credit card or payment method on file in the account before the renewal Invoice's due date, in order to require the Customer to login and pay manually for renewal, thus confirming and documenting intent to pay and retain the service. If the invoice remains unpaid, the Customer will be sent all the usual Overdue notices and will be subject to the same grace periods and penalties as any other account with an unpaid invoice.

PAYING BY PAYPAL:

Initial hosting order payments paid by PayPal, whether Mixed Orders or just for hosting, are NOT recurring. In other words if the customer orders hosting either with OR without domain/s, and chooses to pay via PayPal, this does NOT automatically start a recurring subscription. The customer will be required to act on subsequent invoice/s before the next payment due date in order to complete payment.

However for subsequent hosting payments after the initial order, PayPal users have two options to pay: just plain "PayPal" or "Start PayPal Subscription". If the customer wishes to make PayPal payments automatically recurring for each billing cycle, he/she must choose "Start PayPal Subscription" when paying the next invoice. This will cause automatic payments to be made from the customer's PayPal account on each actual due date, as long as the customer's PayPal account is current.

If the customer chooses to pay via just plain "PayPal" instead of "Start PayPal Subscription", the customer will be required to login at our site every time an invoice is due and manually pay each invoice in order to keep the hosting account current.

PAYING BY PAYPAL E-CHECK:

Orders paid by PayPal e-check (direct bank transfer via PayPal) will not be considered to be paid until the e-check has cleared. This usually takes about 5 days. If the customer chooses to pay hosting invoices via PayPal e-check, the customer is responsible for ensuring that payment is initiated at PayPal in time for the payment to clear before or on the due date. Since recurring hosting invoices are sent 5 days before the due date, this means the customer must initiate payment at PayPal immediately upon receipt of the invoice so that the e-check clears by the due date. Alternatively, a customer choosing to pay via e-check should consider pre-stocking/refilling his or her Customer account with funds so that future invoices may be automatically paid from those funds once the refill e-check payment has cleared.

CHARGEBACKS AND BANK REVERSALS

A chargeback is the reversal of charges by the owner of a credit card or bank account after payment has been made. Chargebacks are a very serious matter because they have an adverse effect on the rate we pay for all transaction fees, as well as on our merchant risk ratings. Additionally, we have to pay penalty fees on each and every chargeback. A high risk rating can ultimately prevent a merchant from being able to accept credit cards or Paypal. Therefore we utilize strict fraud-screening procedures before accepting any order, and will vigorously defend and/or impose penalties and collect costs for chargebacks.

Customer agrees not to make any chargebacks or payment reversals against 12Wonder. If a chargeback or payment reversal results, the related invoice will become unpaid. Regardless of the reason the customer initiated the chargeback, any payment that results in a chargeback or reversal will cause the Customer to no longer be in good standing at 12Wonder. All account(s) of a Customer not in good standing will be immediately seized and/or suspended, and access to the account(s) and all services therein will be locked. All web site/s or domain/s related to the chargeback invoice shall be redirected or modified to display a publicly visible "Suspended for Chargeback Fraud" notice and a link to this section of this Agreement. In addition, in the event of any chargeback or payment reversal, Customer will be billed for, at minimum, all of the following fees, penalties, and costs for each invoice on which payment is reversed:

• $25.00 Lock Fee on the customer's User Account; plus
• $50.00 Chargeback Fee per chargeback or payment-reversed invoice; plus
• The amount due on each invoice on which payment was reversed; plus
• Late fee/s and/or Hosting Suspension Fees if the payment reversal results in the original invoice being overdue; plus
• All related labor and time costs: Dealing with chargebacks is extremely time-intensive and robs us of time that could be spent in normal income-producing activities. Therefore, any customer initiating a chargeback shall be billed $75.00 per hour labor charge for all time that is spent by 12Wonder or any of its representatives to deal with or defend the chargeback, with a minimum of two hours ($150.00), and billed at additional half-hour increments after the first two hours. Labor billing will include all time spent in communication with and/or handling and/or dealing with: the Customer, banks, merchant account providers, card processors, Chargeback Processing Center, email, telephone, postal mail, faxes, collections agencies, attorneys, mediators, and/or any third parties in relation to the chargeback/s, related invoices, payments, fees, penalties, suspensions, costs, or any dispute or collection issues thereof; plus
• All other fees, penalties, and charges incurred by 12Wonder as a result of the chargeback/s, including but not limited to collection costs, attorney costs and fees, and court costs and fees.

Remember: IT IS MUCH CHEAPER FOR YOU TO SIMPLY CONTACT US IF YOU HAVE A QUESTION ABOUT YOUR BILL, RATHER THAN TO BE LOCKED OUT OF YOUR ACCOUNT, LOSE YOUR SITE, AND RECEIVE A BILL WHICH WILL BE SUBJECT TO COLLECTIONS/RECOVERY ACTIONS FOR SEVERAL HUNDRED DOLLARS (MINIMUM $225.00 PLUS ORIGINAL INVOICE/S AMOUNTS AND LATE FEES) OR MORE AS A RESULT OF YOU REVERSING CHARGES ON YOUR CREDIT CARD.

The customer's User Account will not be reactivated or accessible to the customer until we receive all of the following:

For Open Chargeback Investigation Cases which are still within Response Deadline (15 days or less after the card holder originally reversed payment)
1. For each charged-back transaction, an original written and signed statement from the customer retracting the chargeback and admitting specifically to the validity of the original charge. A copy of this letter must be simultaneously provided by the customer to the Chargeback Processing Center and his or her credit card bank as well. To expedite fact-checking during the Chargeback Processing Center's investigation, this written statement must also include: Customer's full name; name on the credit card, credit card type and at least the last 4 digits; the amount; date paid; Invoice number; Order ID; and Transaction ID.
2. Written notification from the merchant bank or our Chargeback Processing Center that the chargeback has been withdrawn. This is necessary to enable us to remove the "black mark" on our merchant risk ratings with our card processors.
3. Confirmation from our bank, in the form of the funds being re-deposited to our bank account, that the chargeback has been reversed or withdrawn.
4. A bank check or money order (not a personal check) from the customer in the amount of minimum $25.00 to reactivate the customer's Customer Account. The user account will be reactivated after the chargeback/payment reversal has been confirmed to be withdrawn at the credit card bank. Customer will be notified by email when the Customer Account is reactivated. Customer may then log in to the Customer Account and view all open invoices and remaining fees which must be paid before service can be restored. Services in the account will not be restored until the full remaining balance has been paid in full by check or money order.

For Chargeback Cases which are past the Response Deadline (more than 15 days after the card holder originally reversed payment)
1. Chargebacks not resolved within 15 days are lost by default. This results in financial loss and penalties against 12Wonder.
2. Any customer with a chargeback or payment reversal in his account which is more than 15 days old will be required to make payment IN FULL of the original charged-back amount plus all fees and penalties specified above, before the Customer or Customer's representative will be granted access to any part of the Customer account or any service contained therein.

The Customer's account will not be considered to be in good standing until the original invoice/s and all chargeback fees, suspension fees, labor/time costs and billings are all confirmed to be paid in full by bank check or money order and the payment funds have cleared at all banks. Personal checks will not be accepted, no exceptions.

Customer consents to the possible retention of all voicemails between 12Wonder or its representatives and Customer or Customer's representatives, for the mutual protection of all parties. By engaging the services of 12Wonder, the Customer gives 12Wonder the right at the sole discretion of 12Wonder to provide and/or to request any information to any third party in relation to an investigation of reversal or chargeback. This includes copies of all communications between 12Wonder and its representatives and the Customer or Customer's representatives. Customer authorizes and indemnifies Customer's ISP, financial institution(s), or any third party to release and disclose information about the customer and the purchase for us to prove in a court a law that this was indeed a legitimate purchase and that Customer did purchase the service or product. Customer agrees to pay all related charges, including collection fees, legal fees, and costs, should an investigation arise in relation to any chargeback or bank reversal associated with the purchase of our products and services. Interest at a rate of 15% will be calculated against any balance that is in dispute due to a chargeback, bank reversal or any similar cancellation of payment.

12Wonder reserves the right to permanently add complete and detailed information to one or more chargeback protection databases to be shared by other merchants in the event of any actual or threatened chargeback or payment reversal. This information will include, but may not be limited to, purchase date and all order information; your complete personal, company, and contact data; and details on the incident. Further note that our privacy policy will be null & void.

A chargeback may result in the refusal by 12Wonder to accept any future orders at all from a customer on whose account a chargeback occurred. If 12Wonder does choose, at its sole discretion, to continue providing service of any kind to a customer on whose account a chargeback occurred, then 12Wonder shall have the right to enforce specific terms of payment for all current and future invoices on that customer's account(s).

SUSPENSION FOR NONPAYMENT

If payment is not received within one week of the due date, the hosting account will be suspended.

Suspension of a hosting account results in the visible web site being replaced with a page which states that the web site has been suspended, and renders all hosting account functions (email, ftp, access to cPanel, etc.) inoperable.

SUSPENSION/REACTIVATION FEES

"Suspension" is defined as the deactivation of functions associated with a hosting account on a server, while keeping the hosting account files intact on the server. "Reactivation" is defined as the re-enabling of functions for a hosting account that resides on the server but was in suspension status.

Hosting accounts which have been suspended for any reason are subject to a Suspension/Reactivation Fee. A $25.00 fee will be assessed on each suspended hosting account and must be paid in full along with any balance due before the suspended hosting account will be unsuspended and reactivated. The suspension/reactivation fee is non-negotiable and nonrefundable.

If more than one hosting account is included on an invoice and the invoice is overdue, ALL hosting accounts for that invoice are subject to suspension, and the reactivation fee must be paid for EACH hosting account.

If an account is suspended, and the customer wishes to retrieve his/her files from his/her site for cancellation, this must be done within two weeks of the suspension date. The $25.00 suspension/reactivation fee, plus 1 month hosting fee, and all credit card decline fees and/or chargeback fees, are still required to be paid and payment must be fully cleared before the hosting account will be made available to the customer. Once the account is reactivated for cancellation file retrieval, the customer has three days (72 hours) to retrieve his/her own files. After the 72 hour period is over, the hosting account will be terminated and all associated data permanently deleted.

Any hosting account that is suspended for nonpayment will not be reactivated until both the suspension/reactivation fees and all past due and current fees for the hosting subscription are paid for, AND payment has fully cleared.

Late payment/s will not extend the billing cycle due date of any hosting account; nor may a customer use late payment/s in an attempt to skip any billing cycle. For example, if a payment is due on the 10th day of every month but goes into Overdue/Suspension status and is not paid until immediately before scheduled Termination for Nonpayment 30 days later, the next due date will be immediately (on the normal renewal anniversary or the 10th of that month), and the "Due in 5 days" lead time to due date will not apply.

TERMINATION FOR NONPAYMENT

Any hosting account which has an open/unpaid invoice which still remains unpaid 30 days after the due date is subject to permanent termination of the hosting account without further notice to the customer. Termination is different than suspension, in that Termination results in complete and irreversible deletion of all data associated with the hosting account, including but not limited to all website files, all databases, all email, all website statistics, all logs, and all backups -- in other words, everything.

Any customer whose hosting account has been Terminated for Nonpayment shall no longer be considered to be in good standing, and at 12Wonder's sole discretion may not be eligible for further services with us.

Any hosting invoice which is terminated by us for Nonpayment shall be fully reportable to credit agencies as a bad debt. 12Wonder may make additional attempts to collect delinquent payment/s after the due date, and may turn delinquent accounts over to a Collection Agency.

BACKUPS AND DATA STORED ON OUR SERVERS

12Wonder keeps backups of active accounts for archive purposes only. 12Wonder does not warrant that the backups will be current or usable for customer data recovery. While we attempt to maintain accurate and current backups, we cannot and do not warrant them to be fit or up to date. It is the customer's sole responsibility to maintain current backups of their data. This may be done by using the cPanel Backups feature within the hosting account. You agree that at no time will 12Wonder be held liable for faulty backups or data stored on our servers. 12Wonder and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any failure of backups or corruption or loss of data stored on our servers.

RESTORATION OF HOSTING ACCOUNTS FROM SERVER BACKUP:

"Restoration" is defined as the copying of files and database/s, if any are available, from a separate server backup location.

With the above caveats, restoration of a hosting account to a previous state may be possible from a server backup, but server backups are only retained for a maximum of 30 days on any server. Server backups are performed nightly, weekly, and monthly, providing a maximum of three possible server backup versions in existence for any hosting account. Server backups are not performed while a hosting account is in Suspended status. This means by the time a hosting account is Terminated for Nonpayment, no backups remain for that account.

Restoration from server backup shall require all of the following fees to be paid:

1. Payment of any delinquent invoice/s associated with the customer account, if any. This includes payment of past-due invoices that were voided by us as uncollectible.
2. Payment of any suspension fees and/or penalties associated with the hosting account, if any.
3. Payment of a $100.00 backup restoration fee, for tech time involved in recovery of the hosting account from backup drive/s.

A current hosting account holder may request server backup restoration of a hosting account by submitting a Helpdesk ticket from the user/customer account which owns the terminated hosting account. We will not restore a hosting account for anyone except the person/user who owns the hosting account, or the owner's official designee as documented in the customer account. The user should specify whether the most recently-available nightly, weekly, or monthly backup is preferred. Individual dates for backups may not be specified as these may not exist. Invoice/s for the required charges will be manually generated and sent to the customer. Once all charges are paid in full, restoration of the server backup will proceed.

Please Note: Normal hosting account backup restoration includes the entire hosting account. Restoration of only specific files and/or directories, if requested, requires significant additional time and will incur additional charges. 12Wonder does not guarantee the functioning or condition of any hosting account restored from a server backup, only that the account will be restored in its entirety exactly as it was at the time that server backup was made.

Because hosting account termination includes deletion of all server backups for that account, as well as deletion of everything in the hosting account itself, any hosting account that has been terminated or canceled cannot be restored from server backup.

12Wonder reserves the right to refuse service to any customer, current or previous, who has a history of delinquent or late payment/s, or of any TOS/AUP violation/s.

ACTIONS TAKEN BY 12WONDER

SCREENING

For the security and protection of our servers, payment processing, and other customer accounts on the servers, 12Wonder performs screening and utilizes third party fraud/risk checking on all customers and domains before accepting orders or setting up accounts. Missing, hidden, proxied, discrepant, or obfuscated information in the user account or submitted domain information, and/or flagging as potential fraud by third party fraud screen scoring, will result in order refusal. 12Wonder will be the sole arbiter of what other factors constitute a potential security risk or fraud risk. 12Wonder reserves the right to refuse service to any customer or any party for any reason without explanation. If 12Wonder Web Services declines or refuses an order before the requested order is filled, 12Wonder will refund any legitimately-paid monies paid by customer for that order.

TOS VIOLATIONS

The failure by a customer to meet or follow any of the above Terms of Use or Acceptable Use Policies will be grounds for account deactivation. 12Wonder will be the sole arbiter as to what constitutes a violation of the Terms of Use. Although we give notice whenever possible, 12Wonder reserves the right to remove any account without prior notice especially in cases of TOS (Terms of Service) violations which put our servers at risk, or if the site features illegal, pornographic, hate group/racist content, security risks and/or fraudulent content, or any content which has the potential to harm any other person or computer, or the reputation of 12Wonder.

INVESTIGATIONS

When 12Wonder becomes aware of an alleged violation of its Terms of Use, 12Wonders will initiate an investigation. During the investigation, 12Wonder may at its discretion restrict a customer's access in order to prevent further potentially unauthorized activity. If a violation is determined to have occurred, depending on the severity of the violation 12Wonder may, also at its sole discretion, restrict, suspend, or immediately terminate and delete a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, 12Wonder will notify the appropriate law enforcement authorities of such violation.

CREDITS AND REFUNDS

12Wonder does not issue credits or refunds for outages incurred through service disablement resulting from Terms of Use violations; scheduled maintenance; DDos, SYN flood, or similar attack; hardware failure; firewall blocks/bans; or any other circumstance beyond our reasonable control. Neither does 12Wonder issue credits or refunds for unused time or services in hosting packages or hosting add-ons canceled by customers. Pre-stocked funds or prefilled/refilled accounts are likewise not refundable.

Problems encountered by customer as a result of customer's (or customer's representative) inexperience, error, ignorance, incorrect browser settings, customer's operating system/s, third-party software or scripts whether on the server or on customer's computer, proxy or firewall settings, or shall not merit refund, credit, or compensation.

DISCLAIMER

12Wonder customers agree to indemnify and hold harmless 12Wonder LLCfrom any claims resulting from the use of our services that damages them or any other party. 12Wonder's service is provided on an as is, as available basis. 12Wonder expressly disclaims any representation or warranty that the 12Wonder service will be error-free, secure or uninterrupted. In cases of outage directly attributable to circumstances under 12Wonder Web Services' control, the client's sole remedy will be a pro-rated credit based on the period difference of downtime and 12Wonder's promised up time. No oral advice or written information given by 12Wonder, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. 12Wonder and its partners and suppliers will not be liable for any costs or damages arising either directly or indirectly from any transaction or use of the service.

Under Title V of the Telecommunication Act of 1996 is the Communications Decency Act, aimed at regulating Internet indecency and obscenity, but which was ruled unconstitutional by the U.S. Supreme Court for violating the First Amendment of the United States Constitution, portions of Title V remain, including Section 230 of the Act which has been interpreted to say that operators of Internet services are not to be construed as publishers (and thus not legally liable for the words of third parties who use their services), and which protects ISPs from liability for third party content on their services. A web hoster's receipt of notice of the allegedly defamatory nature of a statement contained on a website it was hosting thus did not trigger potential liability as a distributor of that statement. (Mark Andrew Austin v. Crystaltech Web Hosting, et al, 1 CA-CV 04-0823, 125 P.3d 389, Arz. Crt. App., 2006)

Therefore, as 12Wonder has no legal authority to judge tort or First Amendment issues, 12Wonder cannot and will not be held liable or responsible for any costs or damages arising from content contained in or posted on any customer's web site; nor will 12Wonder judge or arbitrate any civil dispute or tort claim between parties about content in any web site. 12Wonder will, of course, comply immediately with any subpoena or court order after one has been received.

MODIFICATION

12Wonder LLC reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.