Terms Of Service


This Web Hosting Agreement is between WSWD Inc. and the person and/or business entity who signs up for WSWD service(s). This Agreement governs clients' use of WSWD's services, and is activated upon creating an account with our company.

Affronts to Etiquette
Unacceptable activities include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by WSWD by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (over 10% of available system resources), and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distributed unsolicited email. Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first (abuse@wswd.net).


Spam/Unsolicited Mail
Sending unsolicited bulk and/or commercial information over the Internet is prohibited. Maintaining an open SMTP relay is prohibited. WSWD will terminate all accounts found to be spamming, without notice. A $500 cleanup fee for violating this policy will be charged. Futhermore WSWD reserves the right to pursue legal prosecution for this violation. In addition, a $1.00 charge will be assessed PER EMAIL sent, as damages, should we choose to pursue and prosecute.


Legal Commercial Email
You must obtain WSWD's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to WSWD's reasonable satisfaction:

  • Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;

  • Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;

  • You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and WSWD's requests to produce consent evidence within 72 hours of receipt of the request.

  • You have procedures in place that allow a recipient to easily revoke their consent - such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;

  • You must have a Privacy Policy posted for each domain associated with the mailing;

  • You have the means to track anonymous complaints;

  • You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and

  • You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your WSWD service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your WSWD service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

WSWD may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

An account who gets any of WSWD's IP addresses blacklisted in any of the various SPAM databases will be terminated immediately and without notice. No refund of services will be provided.


The customer must be 18 years of age to obtain our service.


Abuse of the Legal Rights of Others
Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. WSWD supports free speech on the Internet, and will not suspend or cancel a customer’s account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer’s on-line activity has violated the legal rights of a third party, WSWD will not substitute itself for a court of law in deciding tort claims raised by the third party.


Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

  • you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
  • you are otherwise permitted by established United States copyright law to copy the work in that manner.

WSWD will terminate the service of copyright infringers.


Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the WSWD network, please send your written notice of copyright infringement to:

2510 Warren Ave
Cheyenne, WY 82001

Your notice must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WSWD to locate the material;

  • Information reasonably sufficient to permit WSWD to contact you, such as an address, telephone number, and, if available, an e-mail address;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;

  • A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Abuse of the Law
WSWD’s services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. WSWD reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.


Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of WSWD’s servers. WSWD is also required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Update 1/08: We have servers set aside strictly for users who wish to publish legal adult/pornographic material. Due to the nature of such materials and businesses, the fee structure is different for hosting on these servers. Please contact the Sales Department for further information.


Child Pornography
Child pornography of any kind is not allowed on our servers. We are required by Federal Law
to report any instances of child pornography that we find on our network. We actively monitor our servers and network traffic for illegal adult material.

WSWD will cooperate fully with any criminal investigation into a customer's violation concerning child pornograpy. Clients are ultimately responsible for their actions and the actions of their customers over the WSWD network, and will be liable for illegal material found. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. No credits will be issued for any interruption in service resulting from policy violations. Violations will be reported to the U.S. Customs Agency at icpicc@customs.treas.gov.


Abuse of WSWD’s Server Resources
Running programs in the background on a WSWD’s server without WSWD’s prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of WSWD’s servers. Further, any excessive usage or our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds our acceptable usage limits of system resources, your account may be terminated immediately and without prior notice. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termination of the account. VPS servers do have inode limits that vary per package. The limits listed below do not apply to Dedicated Servers.


Disk Space Usage (inode limitations)
To prevent customers from overloading our servers with files, disk space limitations are implemented in the following manner:

  • Budget Hosting: 50,000 inodes
  • Shared Hosting: 250,000 inodes
  • Reseller Hosting: 250,000 inodes for main account and 250,000 inodes per resold account


CPU/Processor Usage

  • 25 simultaneous processes
  • 25% of CPU resources, for no greater than 90 seconds


Memory/RAM Usage

  • 256mb (128mb on Budget Hosting Plans)


Apache Connections

  • 25 concurrent connections


MySQL Connections

  • 25 concurrent connections


Email Limitations

  • 120 outgoing emails per hour
  • 60 POP logins per hour



  • Execution of no greater than once per 10 minute period


Offensive Content
You may not publish or transmit via WSWD's network any content that WSWD reasonably believes:

  • constitutes child pornography;

  • is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;

  • is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;

  • is defamatory or violates a person's privacy;

  • creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;

  • improperly exposes trade secrets or other confidential or proprietary information of another person;

  • is intended to assist others in defeating technical copyright protections;

  • clearly infringes on another person's trade or service mark, patent, or other property right;

  • promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;

  • is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to WSWD; or

  • is otherwise malicious, fraudulent, or may result in retaliation against WSWD by offended viewers;


WSWD reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask abuse@wswd.net

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network. Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.


Other Unacceptable Materials
WSWD does not accept material such as:

  • Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), illegal Gambling and Lottery sites. Any Rapidshare or file sharing sites, and Phishing sites are prohibited.

Content "published or transmitted" via WSWD's service includes web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by WSWD.


Language of Website Content
The primary language of all content on webpages served by WSWD shall be English. Accounts with non-English content will be terminated.


Client Responsibility
The customer is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The customer is responsible for securing their username/password. The customer assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of WSWD's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the customer. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail customers to receive and send mail, etc. The customer agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of WSWD to provide this knowledge or support outside matter not specific to WSWD's servers.


Streaming Audio/Video
WSWD does not allow any streaming of audio or video content. (Contact sales@wswd.net for possible exceptions.)


Large File Distribution / Storage
Clients may not host any files that are observed to be available for the sole purpose of download or storage. Such files include but are not limited to .ISO, audio/video files, .EXE files, MP3 files. If you are unsure whether your file is against this policy, please e-mail sales@wswd.net


Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States is illegal. Such activity will not be tolerated on our network.


Forbidden Countries
We do not offer services of any kind to residents of the continent of Africa, Brazil, or residents of the EU (European Union). Such countries are blocked in our firewall, and are not allowed to place orders in our system. Any resident of such country who uses a VPN, proxy, or any other means to bypass our system and order services shall be in violation of these Terms of Service, and are subject to immediate account removal upon discovery.


Full backups are made twice daily. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for internal server restoration purposes only. It is the customer's responsibility to maintain local copies of their web content, e-mail messages, and any other information. If loss of data occurs due to an error of WSWD, WSWD will attempt to recover the data for no charge to the customer. If data loss occurs due to negligence of customer in securing their account or by an action of the customer, or if the customer simply wants his/her account restored from a backup, WSWD will attempt to recover the data from the most recent archive for a $10.00 fee. Either way, there is no guarantee that WSWD will be able to recover lost data. It is imperative that all customers backup their data regularly. To request a backup, please open a ticket with the Backup Department from within the member's area.

Accounts larger than 20GB will be excluded from the backup system, and their data will not be backed up, in either backup process.


IP Numbers
WSWD maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the customer and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.


Bandwidth Usage
All account plans come with a predetermined amount of bandwidth allowance. We monitor all accounts and bill a set amount for each gigabyte of bandwidth exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.


Uptime Guarantee
WSWD guarantees 99.99% service (http, ftp, pop, imap, smtp), hardware, and network uptime. Should we fail to deliver this for any given calendar month, your account will be credited a pro-rated amount for the duration of excessive downtime at customer's request, using the following system:

Network Uptime
Percentage of Monthly Invoice Credit
99.99 - 100%
0% credit
99.97 - 99.98%
10% credit
99.95 - 99.96%
25% credit
99.93 - 99.94%
50% credit
99.9 - 99.92%
75% credit
99.9% and below
100% credit

*Note: We cannot be held accountable for downtime caused by clients on VPS or dedicated servers. If a cause of the client results in downtime, we will not honor the above Uptime Guarantee

**Downtime for scheduled maintenance (announced at least 7 days in advance) shall not count toward SLA downtime.

Cloud Hosting/Cloud-based VPS Uptime Guarantee
WSWD guarantees 100% hardware and network uptime. Should we fail to deliver this for any given calendar month, your account will be credited a pro-rated amount for the duration of excessive downtime at customer's request, using the following system:

Network Uptime
Percentage of Monthly Invoice Credit
0% credit
99.97 - 99.99%
10% credit
99.95 - 99.96%
25% credit
99.93 - 99.94%
50% credit
99.9 - 99.92%
75% credit
99.9% and below
100% credit

*Note: We cannot be held accountable for downtime caused by clients on VPS or dedicated servers. If a cause of the client results in downtime, we will not honor the above Uptime Guarantee

**Downtime for scheduled maintenance (announced at least 7 days in advance) shall not count toward SLA downtime.


Account Deactivations Due to Non-payment
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation. Accounts that have been deactivated will be completely deleted from the hosting server and backup server after 30 days. After that time, the client's data will be unrecoverable.


Cancellation/Termination of Service
We require 7 days notice for a cancellation, so that we can cancel your account before your next invoice is due. Such notice must be made to the Billing Department, either via e-mail (billing@wswd.net) or via the Helpdesk. Cancellations can also be requested via the automated cancellation feature within the Helpdesk.



Refund Policy

Assuming no violation of the above-listed policies, or supplemental Acceptable Use Policy has occured, refunds will be issued in the following manner:

Moneyback Guarantee (30 Days)
We offer an unconditional 30 day moneyback guarantee on Shared Hosting, Reseller Hosting, and Budget Hosting.

Refunds (Greater than 30 Days)
Refunds will be given to clients who are dissatisfied with the services provided by WSWD. This dissatisfaction must result from one of the following:

  1. Failure of WSWD to meet SLA (Service Level Agreement) uptime within the billing period (one month).
  2. Failure of WSWD to provide trouble-ticket support SLA (Service Level Agreement) minima for the average of all tickets submitted within the billing period (one month).

All refunds will be calculated based on a prorated amount of unused services. The prorated amount will be calculated by the monthly charge for each full month remaining in your billing cycle.

For example, if the monthly charges total $12 and a request for refund is submitted 3 weeks into the month, a refund for the 1 week of unused service will be granted, in the amount of $3.

Services and Items Not Eligible for Refund
Due to the nature of the services we provide, and the nature of Internet services in general, several of our services and add-on items cannot be subject to refund.

Setup Fees - Setup fees are used to authorize the provision of server hardware and software, including any licenses necessary for the operation of the server.

Domain Names - Any fees incurred with the registration, renewal, or transfer of domain names. The client shall retain ownership of all aspects of the client's domain name.

Private Nameservers - Any fees incurred with the provisioning of private nameservers

Static IP Addresses - Any fees incurred with the provisioning of static IP addresses

SSL Certificates - Any fees incurred with the provisioning and purchase of SSL Certificates, including the setup fees and the actual cost of the certificate. The client shall own all SSL certificates

Web Design - Due to the amount of intellectual property involved with the design of websites, we cannot offer refunds for our web design services.

Control Panel Software - Due to the license fees we must pay to the control panel software providers on your behalf, we cannot offer refunds for control panel software purchased with your web hosting plan(s) or server(s).

Billing Software - Due to the license fees we must pay to the billing software providers on your behalf, we cannot offer refunds for billing software purchased with your web hosting plan(s) or server(s).

Additional Software - Due to the license fees we must pay to the software providers on your behalf, we cannot offer refunds for any software purchased with your web hosting plan(s) or server(s).

Disk Space / Bandwidth Overage Charges - We cannot offer refunds on any charges incurred by the client due to disk space or bandwidth overages.

Extra Disk Space / Bandwidth Purchased - We cannot offer refunds on any charges related to the purchase of additional disk space bandwidth.

VPS Servers - Time, effort, and equipment cost go into provisioning every VPS server. As a result, we are unable to offer a refund on any VPS product.

Dedicated Servers - Time, effort, and equipment cost go into provisioning every dedicated server. As a result, we are unable to offer a refund on any dedicated server product.

Balance Due
Please be advised that the cancellation of an account, or refund for a portion of services, does not release you from financial responsibility. If your account has a past-due balance and you are not eligible for a refund of those specific past-due balances, the WSWD Accounting Department will continue collection efforts.

Account Termination in Association With Refunds
Any client who terminates his/her account, or requests a full or partial refund of services will have his/her account with WSWD deleted, and the client will not be eligible for any future services with WSWD.


WSWD agrees to support all customers via Helpdesk, 24/7. Our guaranteed service-level response to Support Dept. Helpdesk inquiries is a 30 minute average. Should we fail to meet these guidelines, you may request to cancel your account and receive a refund, per our Refund Policy. [Toll free] telephone support, and /or support via our company forum, are in no way guaranteed. The Helpdesk shall serve as the only official means of support.


Interaction with WSWD Support Personnel and Staff
The WSWD Support Team and Staff take great lengths to provide polite, prompt, and excellent customer service at all times. For the safety and protection of our Staff, we have a zero tolerance policy in regards to abuse of our Staff. You may not threaten, abuse, shout at, swear at, insult, or otherwise disrespect our Staff during any form of business communication including, but not limited to, in person, telephone, live chat, fax, postal mail, email, forum post, blog post, instant messenger, or ticket response. Clients who violate this aspect of the Terms of Service are subject to account termination without warning. If such a termination takes place no refund will be given.

Examples of such activity include, but are not limited to:

  1. Verbal abuse - cursing, yelling, threatening, etc...
  2. Ongoing disregard for warnings or notices
  3. Consistent mistakes/errors/changes causing unnecessary workload
  4. Consistent support requests which are beyond the WSWD Scope of Technical Support
  5. Spamming WSWD email addresses, ticket systems, contact (landline and mobile) numbers, SMS gateway, and servers
  6. Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage
  7. Consistent late payments or responses
  8. Issuing a chargeback or bouncing a payment
  9. Continuous activation of problematic end-users (applicable to reseller, dedicated, and VPS clients)
  10. Activity which affects the service(s) of other WSWD clientele


Scope of Technical Support

WSWD technical support includes:

  1. Technical server support (installation of server modules, server software, etc) on shared and reseller hosting
  2. Troubleshooting server conflicts (timeout warnings, unaccessible control panel, unresponsive server, etc.)
  3. Installation help for scripts included in Softaculous

WSWD technical support does not include:

  1. Installation of customer software/script (other than those included in Softaculous)
  2. Troubleshooting website malfunction such as error of loading scripts, security holes, etc.
  3. Editing/Modifying customer website design/codes
  4. Troubleshooting IP address(es) being blocked by certain RBLs due to SPAM
  5. Configuration of control panel, for VPS and dedicated servers
  6. And more!

Dedicated and VPS servers are completely unmanaged, with the scope of support being limited to issues related to the physical server, node, bandwidth connection, the original provision of hard drive(s), and the installation of the original operating system. All other issues must be handled by the client. There are management options available for purchase as follows:


Semi-Managed Services

The following are considered our responsibility on a semi-managed VPS/Dedicated Server:

  1. Management of our infrastucture; including network, power, security, and hardware
  2. Initial provisioning of VPS accounts (using our default templates)
  3. Re-provisioning your VPS with a different OS
  4. Complete reset of your VPS back to the original settings (erases all data)
  5. Provisioning additional IP addresses
  6. Reverse DNS management and delegation

The following are considered the client's responsibility on a semi-managed VPS/Dedicated Server:

  1. Managing a Linux-based operating system, including: Installing applications, upgrades, and security patches
  2. Reboots
  3. Backups
  4. Custom partitioning
  5. Resetting passwords
  6. Fixing broken user accounts


Fully-Managed Services

The following additional items (along with those listed under semi-managed services) are considered our responsibility on a fully-managed VPS/Dedicated Server:

  1. 24/7 (5 minute interval) Server Monitoring with Reboot
  2. PCI Compliance
  3. Unlimited Admin Work Time
  4. System Security, Optimization and Hardening
  5. Backend Server Software Support and Upgrades
  6. Initial Server Setup
  7. WHM/CPanel Technical Issues
  8. Server Backup Restoration
  9. Disaster Recovery & Hack Recovery
  10. Server Migration


Regular Business Hours
Regular business hours shall generally be defined as M-F, 9am to 5pm PST excluding United States federal and religious holidays.

Sales/Billing Departments
M-F, 9am to 5pm

Support Department
24/7 including weekends and holidays

It should be noted that our Support staff will attempt to answer Sales questions outside of normal business hours, however we offer no guarantee in those regards. Sales/Support staff do NOT have access to clients' billing information. The Billing Department are the only staff members who can answer billing-related questions.


Product Deployment Time

Generally speaking, the deployment process begins as soon as we receive notice that the payment has been processed successfully, and that the client has passed the associated fraud verification checks. Some of our products take longer to configure and deploy, particularly those which require custom configurations, such as VPS and dedicated servers.

Please use the chart below as a general guideline for product deployment times:

Deployment Time
Shared Hosting
Account is setup immediately.
Reseller Hosting
Account is setup immediately. Dedicated IP addresses, billing software, and other custom configurations will take longer to deploy.
12-24 hours
Dedicated Servers
24-72 hours

*Note* Deployments of VPS and dedicated servers are extremely
limited outside of regular business hours. Orders made during
weekends and holidays may not be processed until the following
business day.


Privacy Policy
WSWD cares greatly about the privacy of its clients. Please review our privacy policy here.


Limitation of Liability
WSWD Inc. shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from WSWD Inc.'s servers going off-line or being unavailable for any reason whatsoever. Further, WSWD Inc. shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any website from one of WSWD Inc.'s servers.

Notwithstanding anything else in agreement to the contrary, the maximum aggregate liability of WSWD Inc. and any of its employees, agents, or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by client for one month of service.

WSWD Inc. shall be the sole arbiter of what is and is not a violation of the Terms of Service, and Acceptable Use Policies. WSWD Inc. reserves the right to terminate at any time and for any reason, an account that causes harm to any WSWD Inc.'s customer's web sites. WSWD Inc. reserves the right to delete all content and files upon termination of service. WSWD Inc. reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. WSWD Inc. reserves the right to refuse, cancel, or suspend service at our sole discretion.

WSWD Inc. reserves the right to change the Terms of Service and Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy/Terms of Service does not constitute consent.


Report Abuse
Violations of these Acceptable Uses Policies/Terms of Service should be referred to: abuse@wswd.net

All complaints will be investigated promptly.


Civil/Criminal Subpoena Information
If you seek the identity or account information of a WSWD Inc. customer in connection with a civil or criminal legal matter, you must fax, mail, or serve WSWD Inc. with a valid subpoena.

WSWD Inc.'s legal team is headquartered in Cheyenne, Wyoming, and all civil and criminal subpoenas should be served in person or by certified mail to:

2510 Warren Ave
Cheyenne, WY 82001

WSWD Inc. will promptly notify the customer whose information is sought, via e-mail, or the telephone number we have on file.

WSWD Inc. will charge the person or entity submitting the civil or criminal subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the WSWD Inc. invoice. Checks should be made payable to WSWD Inc.

WSWD Inc. subpoena compliance costs are as follows:

Research - $75.00/hour
Federal Express or certified USPS mail delivery - Cost as Billed
Copies - $.25/page
Other incidental costs will be billed at face value.

WSWD Inc. will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. WSWD Inc. e-mail servers do not retain deleted or sent e-mail. However, deleted e-mail may be recoverable from back-up servers for a period of up to thirty (30) days.

WSWD Inc. offers no guarantee, expressed or implied, as to what information, if any, we will be able to retrieve regarding our clients, however, a best-effort attempt will be made to gather all possible information requested through a subpoena.


Governing Law
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, in the United States of America. Any court matter arising from this contract shall take place in the State of California. By acknowledging and agreeing to these Terms of Service, you agree to waive any and all protections and laws of your state or country of residence, including but not limited to laws of privacy (i.e. GDPR) and consumer protection, and agree to be bound by the laws of California, United States.


Account Activation and Acceptance of this Policy
By activating your account with WSWD Inc., you agree to the above policies and disclaimers. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimers, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information. This is a legally binding contract.


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