Webfoundry

The following Master Service Agreement (MSA and hereinafter referred to as the "Agreement") is made between WebFoundry, a Louvain based company (hereinafter referred to as "WebFoundry") and you (referred to as "Customer") and shall be effective immediately upon service activation. As used in this Agreement, "you" or "your" refer to you, the Customer and "we", "our" or "us", WebFoundry. Both WebFoundry and Customer are referred collectively as the "Parties". By continuing with this account sign up, you acknowledge that you have read, understood, and agreed to our terms. If you do not agree to this agreement, you should not continue.

For reference to this remaining Terms Of Service, you are signing this agreement as:


I. Services

Utilizing its high-end equipments and software, WebFoundry's services include, but not limited to, providing complete shared web hosting services, mail services anddomain registration services.
New customer sign-up will be manually verified, processed, and activated during business hours only. For the rest of this agreement, our business hours are defined as Monday to Saturday, 7 PM to 23 PM GMT+1.

WebFoundry reserves the right to deny service to any potential clients for any reasons. With prior written notification, WebFoundry also reserves the right to terminated services to existing client as described in Section VI below.


II. Account Ownership

WebFoundry may make distinction between Customer Main/Administrative Contact Info, Customer Technical Info, and Customer Billing Info. We consider the person listed under Customer Main/Administrative Contact Info as the Owner of the account. Specifically, this agreement is between WebFoundry and the Account Owner. WebFoundry will only provide account information to the person listed under the Main Contact Info. This agreement in its entirety is binding between WebFoundry and the Account Owner.


III. Contract Duration, Obligation, Renewal, and Termination Policy

To ensure service continuation, all services are delivered with one of the following contract duration: one month, three months, six months or twelve months. This agreement is binding throughout the contract duration. All parties agree to fulfill their obligations to the other party as described in this agreement. Customer understands that the contract made can not be cancelled in the middle of the contract term. Customer agrees to maintain his/her payment obligations until the contract ends.

Pre-payment implies contract duration. For example, customer may wish to pre-pay for the hosting fee annually. Doing so will imply an annual contract duration. The term "contract" for the rest of the agreement here applies for customer who prepays.

WebFoundry offers wide varieties of service plans/solutions. Unless otherwise agreed, WebFoundry will allow customer to switch from one solution to another in the middle of the contract duration provided: 1) customer will switch to a new service plan/solution for the same contract duration and 2) the value of the new contract is at least equal to the value of the old contract. Thus, for example, customer original contract is from January 1st to March 31st (three-month contract). On February 15th, customer decides to upgrade the service. Then a new three-month contract for the upgraded service will be entered for service to be delivered from February 16th to May 15th.

For violating our Acceptable Use Policy (hereinafter: AUP. See section VIII) WebFoundry reserves the right to cancel service to customer without any advance notification, even in the middle of the contract duration while still requiring customer to maintain his/her payment obligations for the remaining contract duration. No refund will be given to customers for AUP violation. See our refund policy in more details in Section V.

To ensure no interruption of services, customer agrees that this contract will be automatically renewed at the end of the contract expiration date for the same contract duration. For example, monthly contract will be automatically renewed at the end of the contract date for another month. Quarterly contract will be automatically renewed at the end of the contract date for another quarter, and so on.

Customer can choose not to have the contract automatically renewed by giving WebFoundry advance written notification no less than thirty days prior to the expiration date on the contract. With such written notification, WebFoundry will terminate services to customer at the end of the contract expiration date. Once the account/service is terminated, WebFoundry will neither be responsible to provide any data archive to customer nor maintain backup of customer's data. Customer also agrees not to hold WebFoundry responsible for any data loss due to this account/service termination.
All written notification should be sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Customer should expect a confirmation email with a ticket number assigned. It is to be assumed that if customer does not received confirmation email and ticket number, then WebFoundry never receives any email sent by customer.

In addition to sending an advance written notification as described above, customers must confirm the contract termination by opening a ticket from within their control panel. This is to ensure that the account owner or administrator has indeed made such cancellation request. WebFoundry will not refund any unused portion of customer's already paid hosting fees.


IV. Payments

Customer is expected to make payment in exchange for the services provided and to also make payment for any applicable Federal, State, and local taxes whenever applicable. WebFoundry only accepts the following payment methods: (1) credit card payment, (2) PayPal payment, (3) money order payment and (4) payment by company or certified check. A €25 non-refundable fee will be imposed for all bounced checks.

Customer agrees not to do credit card chargeback for all charges already made. All credit card chargeback will be reversed for the amount of the chargeback plus chargeback processing fee of 15% of the total chargeback amount with a minimum chargeback processing fee of €20.

In the event of unpaid balances, other disputes, and chargeback, WebFoundry reserves the right to suspend and even terminate customer's service/account without any advance notification. Furthermore, WebFoundry reserves the right to hold customer's data, domain(s), and customer's own equipments/servers until all past-due balances have been paid in full and all disputes have cleared. During this hold period, WebFoundry is under no obligation to provide customer with customer data, to allow any domain registered by WebFoundry be transferred to other registrar, and to allow customer to access customer's own equipments/servers. If all outstanding balances are not resolved within 45 days, Customer agrees to transfer all ownership and claims of customer's data, and customer's registered domain(s) to WebFoundry. WebFoundry at its disposal will do whatever necessary to customer's data, and customer's registered domain(s) to recover our lost.

WebFoundry reserves the right to charge a late payment fee of fiftheen percent per month with a minimum late fee of €30.00/month, whichever is more for late payments and for all payments delayed resulting from bounced checks, disputes, and chargeback. Customer also agrees to make any additional payment should any fees incurred from customer's late payments. This additional payment includes, but not limited to, attorney fees, collection agency fees, and et cetera.

Customer is expected to pay any balances due under the customer's account on or before the contract renewal date. Customer can choose to put his/her credit card on file with us, which will allow the billing system to charge the credit card automatically for all balances under the account. On the day the contract renews, WebFoundry will attempt to charge the credit card on file to renew the service automatically for the duration of the contract. If such attempt fails or if no credit card has been put on file, WebFoundry will send an invoice and notification to the billing contact email address under customer's record. Customer will then have thirty days of grace period, counted from the contract renewal date, to pay for all balances due.

If outstanding balance is not paid after this thirty-day grace period, WebFoundry reserves the right to suspend and/or terminate customer's account. Once account is suspended, it can be re-activated again with a reactivation fee of no less than €25 and no more than €100, depending on the type of account and contract duration customer has. Customer understands that multiple late payments/suspensions may result in an automatic service termination. Once the account/service is terminated, WebFoundry will neither be responsible to provide any data archive to customer nor maintain backup of customer's data. Customer also agrees not to hold WebFoundry responsible for any data loss due to this account/service termination.


V. Money Back Policy

WebFoundry is proud to offer a thirty-day unconditional money back guarantee to all customers. This thirty-day unconditional money back guarantee is offered to allow customer to try our service with full confidence. Customer may request for account/service cancellation during this 30 day period. Upon such request, WebFoundry will terminate customer's account/service and give customer 100% refund. Once the account/service is terminated, WebFoundry will neither be responsible to provide any data archive to customer nor maintain backup of customer's data. Customer also agrees not to hold WebFoundry responsible for any data loss due to this account/service termination.

The thirty-day money back guarantee starts on the day when the customer account/service is started. The day the service start is the first day on this thirty-day money period. Thus, if customer account/service is activated on January 1st, then customer may request money back as long as the request is filed on or before January 30th.


VI. Refund Policy

Customer understands and agrees that the followings are not refundable:

1. any applicable setup fees as part of the service contract
2. previous and all already paid hosting fees
3. any fees incurred for additional consultation/administration services already performed and agreed by both parties
4. domain name(s) already registered, even if Customer has mistakenly misspelled the domain name(s).

For breaking our AUP, WebFoundry has the right to suspend and even terminate customer's account without any advance written notification; customer may reinstate the service with the penalty/reinstatement fees as described in our AUP or in section III above, whichever is more. No refund will ever be given to customer for breaking our AUP. In the event of account/service termination resulting from AUP violation, WebFoundry will neither be responsible to provide any data archive to customer nor maintain backup of customer's data. Customer also agrees not to hold WebFoundry responsible for any data loss due to this account/service termination.

Without breaking the AUP, WebFoundry has the right to discontinue its service and contract obligation to customer with at least thirty-day advance notification. Such notification will be sent to customer's contact email address under customer's record. In such rare case, WebFoundry agrees to refund customer for the unused services already paid. Once the account/service is terminated, WebFoundry will neither be responsible to provide any data archive to customer nor maintain backup of customer's data. Customer also agrees not to hold WebFoundry responsible for any data loss due to this account/service termination.

WebFoundry is proud to offer all customers our commitment to providing highest service quality guarantee. Such guarantee can be seen on our Service Level Agreement (hereinafter: SLA). In the rare event that WebFoundry fails to meet its SLA, customer has the right to request refund as described in our SLA. Please read Section IX for further details.

VII. Backup Service and Availability

WebFoundry will do a regular daily and weekly backup for our customer's data, excluding all mailboxes and log files, into our backup servers. WebFoundry will maintain all backup archives for at most seven days. When requested, WebFoundry will make all attempts to restore customer's data for a fee of €50 per each restore request when it is clear that such restore is requested because of customer's own fault/negligence. For customer's own fault/negligence, WebFoundry does not guarantee that restore request can be fulfilled. Customer agrees not to hold WebFoundry harmless in this case.

For our own fault/negligence, WebFoundry will restore customer file(s) free of charge when requested provided that such request is made within seven days after the time the negligence is done. After the seven days, WebFoundry offers not guarantee that the restore request can be fulfilled. In the rare event that we can not restore customer file(s) while it is clear that the request has been made within seven days after the time the negligence is done, WebFoundry agrees to compensate customer 100% of customer's monthly hosting fee. This compensation will be provided as service credit only and can only be given once in any one-month period.

VIII. Acceptable Use Policy

To ensure the highest level of service, customer is strongly advised to review our written Acceptable Use Policy (AUP) carefully and to adhere to it at all time. The purpose of this policy is to outline the acceptable use of all of our services offered to customer. These rules are in place to protect WebFoundry and its customers. Inappropriate use exposes WebFoundry to risks including virus attacks, compromise of network systems and services, and legal issues.

WebFoundry will be the sole arbiter as to what constitutes as unacceptable use. When in doubt, feel free to contact WebFoundry at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Under no circumstances is the customer authorized to engage in any activity that is illegal under local, state, federal or international law while utilizing WebFoundry-owned resources. It is customer's responsibility to check with local, state, Federal and any applicable international laws and to abide to such laws at all time.

For breaking any our AUP, WebFoundry reserves the right to suspend or terminate customer's service/account without prior warning or notice. Furthermore, the customer may be liable for a penalty of €500 minimum and up to the maximum allowable under local/state law, for each AUP violation.

The lists below are by no means exhaustive, but attempt to provide a framework for activities which fall into the category of unacceptable use. The following activities are strictly prohibited, with no exceptions:

1. Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by the customer.
2. Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music, and the installation of any copyrighted software for which the customer or the end user does not have an active license is strictly prohibited.
3. Exporting software, technical information, encryption software or technology, in violation of international or regional export control laws, is illegal.
4. Storing or distributing adult-related material.
5. Introduction of malicious programs into the network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.).
6. Revealing your account password to others or allowing use of your account by others that are not a direct member of your company. This includes family and other household members when work is being done at home.
7. Using a WebFoundry computing asset to actively engage in procuring or transmitting material that is in violation of sexual harassment or hostile workplace laws in the user's local jurisdiction.
8. Making fraudulent offers of products, items, or services originating from any WebFoundry's server or network.
9. Effecting security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the customer is not an intended recipient or logging into a server or account that the customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes.
10. Port scanning or security scanning is expressly prohibited unless prior notification to WebFoundry is made.
11. Executing any form of network monitoring which will intercept data not intended for the customer's account/host.
12. Circumventing user authentication or security of any host, network or account.
13. Interfering with or denying service to any user other than the customer's account/host (for example, denial of service attack).
14. Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, a user's terminal session, via any means, locally or via the Internet.
15. Running any IRC related scripts or programs, including but not limited to eggdrop, bnc, ircdaemon and irc bot.
16. Running any process / daemon / service in the background on WebFoundry's shared server without prior WebFoundry's approval.
17. On WebFoundry's shared server, running CGI or server-side scripts or programs, intentionally or otherwise using excessive amount of system resources or causing degradation of server performance. Any such process will be terminated without prior warning or notice. WebFoundry will be the sole arbiter of what constitutes excessive use of system resources and degraded server performance.
18. Accessing system files or files that do not belong to the customer.
19. Sending unsolicited email messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material (email spam).
20. Any form of harassment via email, telephone or paging, whether through language, frequency, or size of messages.
21. Unauthorized use, or forging, of email header information.
22. Solicitation of email for any other email address, other than that of the poster's account, with the intent to harass or to collect replies.
23. Creating or forwarding "chain letters", "Ponzi" or other "pyramid" schemes of any type.
24. Use of unsolicited email originating from within WebFoundry's networks or other Internet service providers on behalf of, or to advertise, any service hosted by WebFoundry or connected via WebFoundry's network.
25. Posting the same or similar non-business-related messages to large numbers of Usenet newsgroups (newsgroup spam).
26. Unprofessional, hostile, and abusive conducts towards our staff and other customers.

IX. Service Level Agreement

For its benefit, customer is also advised to review our written Service Level Agreement (SLA). WebFoundry will strive to maintain the highest level of service quality to ensure the benefit of our customers.

Unless otherwise noted, we guarantee that our internal network connectivity, servers, and hardware required to serve customer's web presence/application will be up and working at least 98% or better in any given month. This means you should not experience a downtime of more than 60 minutes in any given month counted from the first day of every month. This uptime guarantee excludes any scheduled emergency/non-emergency maintenance work that may, unfortunately, force the downtime for a period of time until the maintenance work is done. WebFoundry agrees to notify customers of all non-emergency scheduled maintenance at least 24 hours prior to the date and time the maintenance is to be performed. In the rare event that WebFoundry sees an emergency maintenance is required in order to maintain the integrity of our services to customers, WebFoundry may find it necessary to perform the maintenance with short, or in some cases without any, advance notification. As much as possible, WebFoundry will always attempt to do all maintenance as non-emergency scheduled maintenance. All notifications regarding the maintenances will be sent to the email address listed in the main/administrator contact and/or technical contact under customer's record.

We are proud to offer you a service credit of 5% of your hosting fee for that month for any 0.2% (or 1 hour 26 minutes in any given month starting from the first month) of downtime beyond our uptime guarantee of 98%. SLA credit is limited to 100% of your monthly hosting fee in any given month. All SLA refund must be requested within 7 days after the SLA is broken and the request must be made by sending an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it which in turns will send a confirmation email with a ticket number to customer. It is to be assumed that if customer does not received confirmation email and ticket number, then WebFoundry never receives any email sent by customer. SLA refund will be given only as service credit only.
The following crucial services availability are guaranteed for customers: network connectivity, HTTP services (Apache and IIS), FTP Service, Database Services (Access, MySQL, PgSQL, and MSSQL), Mail Services (IMAP/IMAPS, POP3/POP3S, and SMTP/SMTPS), and DNS Services.
WebFoundry does not explicitly guarantee the availability of any of our services other than the above mentioned services.

We are only responsible to keep and maintain our internal network connectivity. By internal network we mean the data center and all of its connectivity from our uplink providers going into the data center. We shall not be held responsible for any connectivity problems caused in other networks outside of our internal network not within our control. We define continuous packet losses originating inside our internal network of more than 50% for over 3 hours as a loss of connectivity equal to 0.1% of downtime. We also define sporadic packet losses originating inside our internal network of more than 50% for duration of 12 hour as a loss of connectivity equal to 0.1% of downtime. It is your duty to provide us with a proof of any loss of connectivity and/or other problems inside of our network.

X. IP Assignments.

Customer agrees and understands that all IP(s) assigned is (are) on a lease term basis and should be returned to WebFoundry at the end of each service contract. WebFoundry also reserves the right to reallocate/renumber customer's IP at any time. Furthermore, customer agrees to only use IPs as needed, following the guidelines set by the American Registry of Internet Numbers (AIRN) and to be able to provide technical justification for any IP usage when such justification is requested. WebFoundry reserves the right to audit customer's IP(s) usage at any time and may require customer's justification for any assigned IP(s). WebFoundry will give customer a grace period of fourteen days to resolve any IP(s) assignment dispute. If WebFoundry does not receive any resolution to this dispute after grace period has elapsed, WebFoundry reserves the right to take back any IP from customer's IPs Pool. Customer agrees not to hold WebFoundry responsible for any downtime to customer's website/service resulting from this unresolved dispute.

X. Unsolicited Emails/SPAM complaints

WebFoundry has the obligation to maintain the integrity of its network and services. Because of this, WebFoundry does not take any unsolicited emails (hereinafter, SPAM) complaints lightly. Upon receiving a SPAM complaint against customer's website(s)/account, WebFoundry will notify customer and will expect customer to resolve the spam complaint(s) as soon as possible. WebFoundry reserves the right to suspend or even terminate customer's account and service without any advance notification if multiple SPAM complaints against customer's website(s)/account have been received. However, without notifying the customer, WebFoundry also reserves the right to suspend and even terminate customer's account on the first complaint received, especially when it is clear that the customer is deliberately abusing our service against our AUP. WebFoundry will neither provide any data archival nor be held responsible for any data loss due to this account suspension and/or termination. Every single SPAM emails sent will be considered a single instance of AUP violation, and thus in accordance to our AUP, WebFoundry reserves the right to charge customer up to €500 damage fee for each SPAM emails sent. In short, WebFoundry defines SPAM emails/activities as any emails/activities which are sent or accomplished without the permission from the receiving individuals and which are originating from our network and/or from other networks/ISPs containing any reference to or to advertise any products/services hosted on our network. Please review our AUP for further description on the definition above.

XI. Addendums

For security reason, we may be blocking certain ports in our network and we offer no guarantee, explicit or implicit, that your applications will work because of this. When in doubt, send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . If you would like to have some ports opened, please send your request to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . We may charge you an administration fee of €10/month or €100/yr for each change in our firewalls configuration to have the ports opened for you.
Changes other than simple opening/closing ports will be quoted on case by case basis. Please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it for the quote.

XI.1 Shared Hosting Customers

As its extended service, SSH access to our Unix Web Servers is offered to Unix Shared Hosting Customers. SSH access will enable customers to gain access to the web server where customer's account(s)/domain(s) reside on. No SSH access to our other servers (database server, mail server, and etc) or to our other web server will ever be granted. Customer must manually request to have SSH access enabled. WebFoundry will evaluate all SSH requests on case by case basis. We may request customer to provide justification/reason for requesting SSH access. We may also request a copy of government- issued Photo ID as our record. Furthermore, customer agrees to a non-refundable €50 charge on all approved SSH access request. WebFoundry reserves the right to decline any request without any reason. Furthermore, WebFoundry also reserves the right to revoke any SSH access previously given without any reason.


XII. Privacy Statement/Policy

Customer understands that, for its own internal purposes, WebFoundry records customer's IP and may use cookies to track customer's activities while accessing our web sites/servers. Upon signing up for our services, customer will enter personal/corporate information (name, physical/email addresses, credit card number, and et cetera) to be stored in our system.
WebFoundry is committed to respecting and safeguarding your privacy. And such, WebFoundry will not share, sell, and disclose any part of customer's personal/corporate information to an unknown and unauthorized third party. And thus, customer will not receive unsolicited electronic/postal mails and/or phone contact. Please note, however, some personal/corporate information you entered on the user profile on our customer forums will be available to the public. Furthermore, unless otherwise requested, the personal/corporate information you entered during domains registration will also be publicly available. WebFoundry will not be held reliable for any contact made in any way as a result from this publicly available personal/corporate information.
WebFoundry may share customer's personal/corporate information only to our business partners, prospective investors/partners, our own employees/independent contractors, and to the local/federal authority upon request. Customer agrees that, based on the personal/corporate information provided, WebFoundry may contact customer regarding, but not limited to, system and/or maintenance notifications, products/services offered by WebFoundry and/or its partners, WebFoundry activities/newsletters, and et cetera.
Customer is the sole owner of the data/programs stored on our system/servers. As such, WebFoundry will not share, sell, and disclose any part of customer's data/program to any third party, except when requested by the local/federal authority. Furthermore, except for backup purposes and/or when requested by customer, WebFoundry will not make or initiate copy of customer's data. Upon service cancellation or termination, WebFoundry will remove all of customer's data on our system/servers including personal/corporate information entered during signup. There is an exception to this, please see Section III above for more details on the exception.
When in doubt, please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it should you have further questions and/or concerns regarding the privacy of your data and personal/corporate information.

XIII. Limitation of Liability

Other than the refund policy given above, under no circumstances shall WebFoundry be liable for any indirect, incidental, reliance, special, punitive or consequential damages including, but not limited to, lost of profits and/or opportunities resulting from any disruption of service and/or any acts of God, unauthorized access, alteration, theft, corruption, or destruction of any equipments hosted within our network. WebFoundry cumulative liability to Customer shall not exceed an amount equivalent to the amount paid by Customer in three months prior to the notice of the damage claim. Customer should be responsible for any additional fees including, but not limited to, damage claim fees, attorney fees, and et cetera.

IV. Miscellaneous

Customer agrees that all court claims and proceedings should be made in Leuven, Belgium where WebFoundry has its business presence. All applicable fees including, but not limited to, attorney fees, court fees, and et cetera should be paid by customer.
WebFoundry reserves the right to change this agreement at any time without any prior notification. WebFoundry will always maintain the latest revision to this agreement, the SLA, and the AUP available to the customer through WebFoundry main web site located at http://www.webfoundry.be/index.php?option=com_content&view=article&id=4&Itemid=3&lang=en. It is customer's duty to always check the newest revision to this agreement.