Revision date: 10/16/2014

By using Winity's ("Winity", "our", "us" or "we") products and services, you ("you", "your", "Client", "Customer" or "Subscriber") agree to comply with our policies.

Winity also reserves the right to change and modify the Terms of Service at any time with or without client notification. It is up to the client to periodically check and familiarize himself or herself with the recent Terms of Service. If any client does not comply with the new Terms of Service modifications, his or her service will be terminated.

Important Highlights:

The following are strictly prohibited uses and may result in immediate suspension and/or termination if discovered on your account:

Winity reserves the right to cancel, suspend, or terminate any service provided with or without a refund or notice or warning for any reason.

Winity prohibits any kind of mass mailing activity.

By default, a Winity support account (username: winity) is added to your VPS to assist with password recovery. You are more than welcome to remove the support account. However, that way, we are not going to be able to reset your forgotten password.

Winity takes all the necessary measures to keep your data safe. However, Winity is NOT responsible for lost data, time, income or any other resource due to hardware, software failure or human error. Customer has the full responsibility to keep their data safe and backed up.

In an event of repeated TOS/AUP violation, Winity may stop the service without a refund. The customer is fully responsible having an offsite backup of their data.

To ensure the best performance for all of our customers, we use the following policies:

Please note that the CPU cores are shared and they are not dedicated to you. We allow you to use all of your cores for your peak times, but you cannot use them for an extended amount of time.

If your service receives an attack that is higher than 10Gbit or 2 smaller attacks, Winity may stop the service without a refund. The customer is fully responsible having an offsite backup of their data.

If Winity receives any threats from the customer regarding getting an issue on public websites or disputing/charging back the payment to get their way, Winity will stop the service without a refund. The customer is fully responsible having an offsite backup of their data.

In an event of payment dispute or charge back, Winity will stop the service without a refund. The customer is fully responsible having an offsite backup of their data.

If the customer abuses Winity's staff, Winity will stop the service without a refund. The customer is fully responsible having an offsite backup of their data.

Service Suspension:
Upon notification or discovery that Subscriber is performing actions that violate this AUP/TOS, Winity will suspend Subscriber’s services until the issue has been resolved to Winity’s and/or the notifying party’s satisfaction. If the issue, due to Subscriber, takes multiple days to resolve, and it is determined that Subscriber is operating within the provisions of this AUP/TOS, Winity will credit Subscriber’s service for the number of days of suspension.
Winity complies with the requirements of the Digital Millenium Copyright Act (DMCA), including for Subscribers that are of foreign heritage and/or operating in a foreign country.

Limitation of Liability:
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Winity and that damages resulting from any interruption of service are difficult to ascertain.
Subscriber agrees that Winity shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Winity. Subscriber further acknowledges that Winity’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Winity be liable for any special or consequential damages, loss or injury. Winity is not responsible for any damages or loss of income Subscriber’s business may suffer.
Winity does not make implied or written warranties for any of our services. Winity denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Winity.

Account Registration:
All new accounts MUST be registered with valid, verifiable information. Any new accounts registered with blatantly false information will be refunded and deleted without notice. Multiple accounts per Subscriber are not allowed.
Subscriber must maintain accurate and current identification information with Winity through the entire term of Subscriber’s service with Winity. Any change in information may be verified by Winity, and if Winity is unable to obtain verification, Winity may suspend or terminate Subscriber’s service.
Purchasing services from Winity while utilizing a VPN or other such methods is strictly forbidden.

Cancellation:
Subscriber must submit cancellation requests from Subscriber’s authenticated client area. Winity is unable to accept cancellation requests from emails, support tickets sent via unauthenticated means, or live chat. Winity is unable to grant exceptions. All account credits will be forfeited at the time of cancellation. Subscriber may request that Winity delete all Subscriber information at the time of cancellation.

Subscriber’s Contact Information:
Winity is not responsible for damages or compensation resulting from Subscriber’s inability to receive communication from Winity, such as but not limited to notification of downtime, or notification of suspension of Subscriber’s services. From time to time, Winity may send Subscriber information and/or notices that may or may not be totally relevant to Subscriber; Subscriber may not opt out of these communications.

Refunds:
If the Subscriber terminates service with Winity on good terms prior to the end of the trial period (72 hours starting from the service delivery), Winity will issue a refund for the full amount paid.
If the Subscriber terminates service with Winity after the end of the trial period, no refund will be issued.
If Winity terminates a Subscriber without cause, Winity will issue a refund for the prorated amount of the Subscriber’s remaining balance, based on factors such as time subscribed, time remaining, and resources utilized.
Winity will not, under any circumstance, issue refunds for accounts that are suspended or terminated due to prohibited content or activities.
The refunds are only available for VPS services. Any other service provided by Winity is not eligable for a refund.
Added funds are not refundable.

Payment Chargebacks and Billing Disputes:
Raising a billing dispute with our payment processors or charging back a payment made to Winity will place the client’s account in bad standing. We reserve the right to immediately terminate all services without refund in such instances.

Billing:
When a Subscriber signs up for service, an invoice will be generated that is due immediately. Service will not commence until Subscriber pays the invoice.
In the event Subscriber pays with a payment that turns out to be fraudulent, Subscriber’s services and account will be terminated immediately and without notice.
If Subscriber initiates a dispute or chargeback, or threatens such action, Winity may terminate Subscriber’s services immediately and without further notice.
All payments made to Winity must be made from the same name, or a reasonable similarity thereof, the name on the Subscriber’s account at Winity. Subscriber may open a billing ticket with Winity and request permission to pay from a different account, however, this is at Winity’s discretion.
All existing invoices must be paid before ordering new services. If a Subscriber creates a new order without paying existing invoices, the new services may be terminated and refunded, at Winity’s discretion.
The first order for a service that a Subscriber subscribes to will be subject to a trial period as specified on our website. This trial period may be rescinded or extended at Winity’s sole discretion. The trial period is nulled if Subscriber uses more than 90% of their allocated monthly transfer within the trial period.
If the Subscriber purchases or licenses a third party service, Winity cannot guarantee that the fee charged by this vendor will remain the same throughout Subscriber’s service. If the vendor changes its fee, this increase will be passed on to Subscriber.
Winity may decline to accept an order for service if Winity determines that the facilities are required for other needs.

Fraud Prevention:
Winity utilizes Maxmind and Fraudrecord to automatically process all new orders. All new accounts may be subject to a manual account review.
All invoice payments for existing services by Subscriber may be subject to random manual reviews.
In the event that Winity, during it’s manual reviews, discover any points that Winity requires further clarification on, Winity will contact Subscriber via support ticket and/or email, and at Winity’s discretion, may suspend Subscriber’s services until the verification issue is resolved with Subscriber. In the event that it takes multiple days to resolve a verification issue, Winity will credit Subscriber’s account with the number of days it took to resolve the issue.

Payment Schedule:
Winity’s automated billing system runs daily at 12:00am CST (-8 UTC).
Winity bills two weeks before the invoice due date.
Winity sends out a payment reminder the same day that the invoice is due.
Winity sends out invoice overdue notices on the first, second, and third day an invoice is overdue.
If Subscriber does not pay the invoice by the 4th day after the invoice is due, Winity will suspend Subscriber’s service and a late fee of 10% of the invoice will be issued. Subscriber will be notified that their service has been suspended.
If Subscriber does not pay the invoice by the 7th day after the invoice is due, Winity will terminate Subscriber’s service, without notice. Upon termination, Subscriber’s service data will be deleted without possibility for recovery.
It is Subscriber’s responsibility to ensure that steps are taken to receive all email communications from Winity, and to keep track of due dates for Subscriber’s services. Winity will not offer compensation downtime stemming from suspension/termination for Subscriber’s lack of responsibility on keeping track of service due dates.

Service Security:
Subscriber is required to maintain a secure account, utilizing good security practices. This includes, but is not limited to, choosing and maintaining secure passwords on servers, shared hosting accounts, and other services provided by Winity.
If it is determined that Subscriber is maintaining weak account security, Winity will, at it’s discretion, suspend or terminate Subscriber’s service, without a refund.
Subscriber agrees to notify Winity of any unauthorized activity on Subscriber’s account or services, or any other breach of security. Subscriber agrees to take any action necessary to rectify any security issues.
In the event that Subscriber’s service becomes maliciously compromised, Winity’s sole remedy will be to return Subscriber’s services to their ‘day one’ state. Winity will offer Subscriber an archive of their data before it is returned to the ‘day one’ state. It is Subscriber’s responsibility to restore Subscriber’s data and software.

Support:
Subscriber is required to submit all support issues via the support ticket system that Subscriber is given access to upon initiation of service. Submitting support issues via email, phone, live chat, or any other method, may not have speedy resolution. Depending on factors outside of our control, issue resolution may take longer than anticipated. Winity does not offer compensation for such delays.
Issues may be worked by multiple support techs. Please do not request resolution by a specific tech, as this will delay resolution of Subscriber’s issue.

Data Backup / Preservation:
In the event of data loss, Winity’s default action will be to restore Subscriber’s services to their “day one” state. Winity does not take any backups of the customer data. Winity will not offer compensation for data lost, unless Subscriber has explicitly purchased backup services from Winity, in which case Winity’s liability will be limited to the monthly subscription price of Subscriber’s service.

Unmanaged Service:
If Subscriber have chosen an Winity service that is unmanaged, Winity’s support will be limited to resolving issues with Winity’s servers or networks. Winity will not help with installation, configuration, or troubleshooting of any third-party scripts or software that do not pertain to the management of Winity’s servers or networks.

DMCA:
Winity requires DMCA notices to be filed via letter or digitally signed email. The complaint must include full contact information in the complaint (including email address and phone number). We may call and verify. Email (unless digitally signed by a verified and trusted third party) is not an acceptable medium for legal complaints. Winity is committed to making submitting notices of alleged infringement to Winity as simple as possible, while reducing the number of notices that we receive that are fraudulent, difficult to understand, and/or verify. Winity may ignore incorrectly formatted notices that do not comply with the requirements of the DMCA. Winity may request written notification via regular mail, even if sent via digitally signed email, at Winity’s discretion.
Regardless of whether we may or may not be liable for such infringement, our response(s) to these notices may or may not include removing or suspending access to claimed infringing materials, and/or potentially terminating subscribers. If we disable or suspend access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may submit a counter notification. We may also document notices of alleged infringement that we act upon. Please do note that in addition to your request being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it.

Copyright Infringement Notification:
To file a notice of copyright infringement with us, you must provide a written communication (by regular mail or digitally signed email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format:

Identify, in sufficient detail, the copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on http://www.example.com/infringing_page.html”) or other information sufficient to adequately specify the copyrighted work being infringed.
Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
If you are sending a large number of URLs in one removal request, please also a listing of the URLs in a single list.
Provide information reasonably sufficient to permit Winity to contact you. Phone number and email address are required.
Provide information, if possible, sufficient to permit Winity to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the paper.

Send the digitally signed email to the following address:

abuse@nodisto.com

Excessive Utilization of Resources:
Winity monitors and curtails resource usage that is outside the allotted resources. Winity, at it’s discretion, will take action against Subscribers using excessive resources, including, but not limited to, billing for resources used, account suspension, account termination.

Spam policy:
Winity does not allow automated email systems on Winity’s network. Utilizing Winity’s services to send bulk and/or commercial information, via any methods, is prohibited. Maintaining an open, unsecured SMTP relay is prohibited. Upon receipt of a complaint, Winity will investigate the issue, and at Winity’s discretion, will suspend or terminate the Subscriber’s account. Winity reserves the right to prosecute, and to collect resultant legal fees.