last updated may 2nd, 2018
1. Account Setup
2. Abuse & Prohibited Use
3. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)
5. Server / Resource / Staff Abuse
6. Bandwidth Usage
7. Reseller: Client Responsibility
9. Security and Viruses
10. Uptime Guarantee
16. Limitation of Liability
18. Modification of Terms of Service
Woktron Web Hosting (“we”, “us”) provides hosting and e-mail, domain registration, dedicated server lease and web development together with such other services as are agreed between it and the customer (“the Services”).
By subscribing to any of the Services and opening an account with us (“the Account”) you (“the Customer”) agree to be bound by these terms and conditions. These terms and conditions apply to all Woktron accounts. They set out the basis on which we offer our services and should be read carefully.
1. Account Setup and transfers
1.1 We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) for cases of fraud.
1.2 It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.
1.3 In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
1.4 Our support team will make every effort to help you move your site to us. However, free site transfers are provided on a best effort basis. We can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms backup data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data.
1.5 The free transfer services are available for 30 days from your sign up date. If your previous company was running a non-standard control panel, there could be a migration fee. Transfers outside of the 30 day free period will incur a charge; please contact our support team with specific details to receive a price quote.
2. Abuse & Prohibited Use
2.1 Customers must use the Services provided for lawful, authorised purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law is prohibited. The list of banned content includes, but is not limited to :-
- Illegal Material – This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
- Warez – This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, spamming, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.
- Illegal adult content, such as child pornography. We impose a zero-tolerance policy, suspicious activity will always be reported to the relevant legal institutions. Legal adult content is permitted
- Websites inciting racial hatred and/or promoting terrorism.
- Any software that interfaces with an IRC (Internet Relay Chat) network.
- Public Proxy Scripts/Anonymizers (Unless they are for your private use only)
- Public Image Hosting Scripts (Unless they are for your private use only)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners, Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts, Bulk Email Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams) (shared accounts only)
- Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Gambling/Casino Sites
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Broadcast or Streaming of Live Sporting Events (EPL, UEFA, F1, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
- Any type of web spider or indexer (including Google Cash / AdSpy) (shared accounts only)
- Any peer-to-peer activities including bit torrent applications, trackers, or clients. You may link to legal torrents off-site, but may not host or store them on our shared servers.
- Any gaming servers such as counter-strike, half-life, battlefield1942, etc (shared accounts only)
2.2 We are under no obligation to edit, review or modify the contents of your website. However, we reserve the right to remove any content without notice. For the avoidance of doubt we do not pro-actively monitor messages that you may post on our managed sites, but we reserve the right to remove such message at our sole discretion.
2.3 Any Customer found to be using the Services for any of the purposes contained in Clause 2.1 may have their Account terminated without notice.
2.4 The Customer agrees to fully and effectively indemnify Woktron against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by Woktron in consequence of the Customers breach or non-observance of this Clause 2.
2.5 The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against Woktron arising from breach or breaches of this Clause 2. Woktron may in its absolute discretion defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide Woktron with the assistance necessary to defend such claims, at the Customer’s sole expense.
3. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)
3.1 You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. Woktron would be the sole arbiter as to what constitutes a violation of this Clause.
3.2 You agree and understand that we have set a limit of 500 outgoing emails per day on shared and reseller hosting to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in a day irrespective of the size of their mailing lists. Customers requiring more emails to be sent on a daily basis may request a limit increase, which will be granted upon justification.
3.3 ( a ) Consequences of Violation : When Woktron.com becomes aware of an alleged violation of its Terms of Service, Woktron.com will initiate an investigation. During the investigation Woktron.com may restrict Member’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Woktron.com may, at its sole discretion, restrict, suspend, or terminate Member’s account and/or pursue other civil remedies. If such violation is a criminal offense, Woktron.com will notify the appropriate law enforcement department of such violation.
3.3 ( b ) You shall be held liable for any and all costs incurred by Woktron.com as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
4.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
4.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
4.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
4.4 We reserve the right to not release any domain to another provider unless full payment for the account has been received by us.
4.5 In case of cancellation of shared/reseller hosting before the end of the contract term, the applicable domain registration fees would be deducted from the amount to be refunded to the client.
4.6 We place your details on the whois output of the domain due to legal reasons. If you wish to have your details removed from the whois output please contact us and we will be glad to assist you.
4.7 If you have a domain name registered with Woktron Web Hosting, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Woktron Web Hosting is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.
5. Server / Resource / Staff Abuse
5.1 You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited and that we take no responsibility for the use of our clients’ accounts.
5.2 If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.
5.3 Customers are restricted from using excessive amounts of CPU processing, network bandwidth or other shared resources provided by Woktron Web Hosting. If you operate any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites, we reserve the right to suspend your site without prior notification. In all cases Woktron Web Hosting will contact clients with resource intensive requirements and attempt to accommodate such needs (i.e. the client agrees to lower his resource usage or agrees to an upgrade). In the case that an agreement cannot be made to the satisfaction of both Woktron Web Hosting and the client and the client continues to use excessive resources, Woktron Web Hosting reserves the right to immediately terminate any customer account associated with excessive resource usage.
Processes invoked by the web server, cron, shell or any other method should not exceed the following limitations:
- Consume more than 512 MB of RAM.
- Utilize in excess of 15 seconds of CPU time.
- Number of open files should not exceed 64.
- Create core dumps.
- Number of simultaneous processes should not exceed 15.
- Execute a script/binary that forks in a way to create a fork bomb.
- Programs may not run in the background or listen on a network port. If you require a bot, service or daemon, you should consider a dedicated server, as very few shared web hosts allow this type of program.
- All users are restricted to 15 concurrent MySQL connections.
- Each database is restricted to 2 GB of disk space.
- Database queries should not exceed 3,000 per hour.
- Database changes (insert/update/delete) should not exceed 1,000 queries per hour.
- Database servers should not be used as a hosted solution. Database access should only be used for the web site hosted by Woktron Web Hosting
- Remote database access is for administrative purposes only.
Files and Directories
Accounts found to be consistently exceeding file quantity limits will either need to optimize to reduce usage, or upgrade to a Premium Hosting or VPS plan. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. Every file (a webpage, image, email, php file, directory, etc.) on your account uses up one (1) inode.
For our Shared Web Hosting accounts the following inode limits are imposed:
- STARTER – 50.000
- SMART – 100.000
- ADVANCED – 150.000
- PREMIUM – 200.000
For our Enterprise Web Hosting accounts the following inode limits are imposed:
- CORE – 100.000
- BUSINESS – 200.000
- PROFESSIONAL – 300.000
- ENTERPRISE – 400.000
For our Reseller hosting accounts the following limits are imposed:
- BRONZE – 100.000
- SILVER – 200.000
- GOLD – 300.000
- PLATINUM – 400.000
5.4 Denial of Service (DOS) attacks directed at Woktron, or any attempts to launch a DOS attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of your Account.
5.5 Woktron reserves the right to disable/delete any feature or application provided on shared hosting service without notification if that feature/application is found to be detrimental and/or is hampering the web servers’ overall health and performance.
6. Bandwidth usage
6.1 You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.
7. Reseller: Client Responsibility
7.1 Woktron Web Hosting does not provide support to our Reseller’s Clients. Resellers are responsible for supporting their clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client.
7.2 All support requests must be made by the reseller on their clients’ behalf for security purposes.
7.3 Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. Woktron Web Hosting will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
8.1 Woktron provides backups on a complimentary basis for all shared web hosting, enterprise web hosting and reseller hosting plans.
8.2 Woktron will use all reasonable efforts to protect and backup data for clients on a daily basis and are kept for 7 days. However, Woktron does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, you are solely responsible for making back-up files in connection with your use of the Services.
8.3 You agree and understand that any account larger than 25 gigabytes may, at our discretion, be excluded from our backup systems with or without notice or may not include media files. These include (but are not limited to) mp3, mpeg, wmv or any other video/audio files.
9. Security and Viruses
9.1 You are responsible for any misuse of your Account and you must take steps to ensure that others do not gain unauthorized access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorized access to another network or server.
9.2 Your password provides access to your Account. It is your responsibility to keep your password secure.
9.3 Sharing your password and account access with unauthorized users is strictly prohibited. You must take care and prevent others from using your Account since you will be responsible for the consequences.
9.4 Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.
9.5 You must adopt adequate security measures to prevent or minimize unauthorized use of your Account.
9.6 You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
9.7 You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
9.8 You agree and understand that users who violate systems or network security may incur criminal or civil liability. Woktron will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
10. Uptime Guarantee
- Scheduled Network Maintenance – occasionally network maintenance will be required. Woktron will do everything possible to minimize and avoid downtime during this maintenance. You will receive prior notification of upcoming maintenance at the e-mail address we have on file. Scheduled maintenance periods are not eligible for SLA credits.
- Hardware Maintenance – on rare occasions, the hardware in your Hosting Server may need maintenance or replacement. Woktron will do everything possible to minimize any downtime in these situations per our hardware replacement SLA. Any downtime incurred as a result of this maintenance will not be counted towards our network SLA.
- Software Maintenance – an important part of managing a web hosting server is keeping the software up to date. Occasional software updates will be required to address security or performance issues. Usually you will experience little or no downtime in these situations, but we cannot guarantee a specific amount of time in all situations.
- Malicious Attacks – if a third party not associated with Woktron initiates a “Denial of Service” or other form of disabling attack against your Web Hosting Server or major portions of our network, Woktron will do everything in its power to stop the attack, but cannot guarantee a resolution time.
- Force majeure – A cause of delay or failure to perform beyond a party’s reasonable control, which such party is unable to overcome by exercise of reasonable diligence, including acts of God, war, terrorism, strikes, failures of suppliers, fires, floods or earthquakes.
- Legal Actions – In the case that a legal action is taken against a customer of Woktron and Woktron is required to act in accordance with the order, Woktron shall not be responsible for any SLA damages.
- Payment Problems – In the case that a client is behind in payment for their accounts, or have been behind 3 or more times in the preceding 12 months, the client does not qualify for a SLA credit for Downtime.
10.2 Woktron Service Level Agreement Credits do not represent a cash value. Credits may be used to purchase services on our website, or they may be applied to the Client’s next available invoice following the claim approval.
10.3 Client waives and releases any claims for other relief and accepts the specified credits as the only remedies. In any event Client understands that cash refunds are not available and that the credits provided may only be used as a credit against Customer’s account.
10.4 To report a server outage, please open a ticket with our Technical Support department. Your SLA timer begins upon receipt of your outage report. In the event we did not meet our SLA at the end of the month, please open up a billing ticket referring the outage tickets and we’ll be pleased to credit your account.
Your claim must include the following information:
- Customer name, account number and contact information
- Type of problem (Network Outage, Server Outage, or Customer Service lapse).
- Brief description of the characteristics of the Outage or Customer Service lapse.
11.1 You agree to supply appropriate payment for the services received from Woktron, in advance of the time period during which such services are provided. You agree that until and unless you notify Woktron of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Woktron Web Hosting.
11.2 As a client of Woktron, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.
11.3 Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact our Billing Team.
11.4 If paying by wire transfer or by Western Union, please allow 5 working days for the payment to be transferred to Woktron.
11.5 Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 4 days after the official due date. If no attempt is made within 21 days after the due date, Woktron reserve the right to permanently terminate your account and permanently delete all data held.
12.1 Cancellations must be completed online. Your hosting account can be cancelled by following the procedure below:
- Log into your client panel account: https://www.woktron.com/secure
- Click on Services -> My Services
- Select the service you wish to cancel by clicking the green “Active” button.
- On the left-hand Actions column, there’s a link to ‘Request Cancellation’, please fill out this form.
13.1 Woktron offers a 30 day – no questions asked – money back guarantee, starting from the day your services have commenced. This guarantee applies to our shared hosting, enterprise hosting and reseller hosting packages.
13.2 Woktron Virtual Private Servers carry a 7 day – money back guarantee.
13.3 There will be no refund for dedicated servers, domain registrations, domain transfers, SSL Certificates, installation fees, ID Protect, CPanel, Directadmin, Installatron, Softaculous, Windows Server or SolusVM software Licenses. Any other services rendered related to the setup and/or maintenance of your server or hosting account, are non refundable.
13.4 Woktron reserves the right to suspend OR terminate services on receipt of abuse complaints. In these cases refund requests are not accepted.
13.5 Any service interruptions or downtime due to scheduled maintenance by Woktron or our network providers will not count towards the uptime guarantee. Woktron is not liable in any way for failure of third party services.
13.6 Only first-time accounts are eligible for a refund.
13.7 Woktron.com shall be the sole arbitrator as to the validity of your refund request. Woktron will subtract the aforementioned non-refundable services from any monies due you.
13.7.1 Allow 30 (thirty) days for refund payments to process. If you have not received refund within this time allotment; please contact us.
14. SUSPENSION OF SERVICES
14.1 Woktron Web Hosting may suspend some or all of the Services without liability to Customer if Customer (i) fails to pay the applicable fees for any Services in customer account when due (ii) the Services are being used, have been used, or will, with commercially reasonable certainty, be used in breach of these Terms of Service; (iii) Customer fails to cooperate with an investigation of any suspected breach of the Acceptable Use provisions of these Terms of Service; (iv) Woktron Web Hosting reasonably believes that the Services have been accessed or utilized in any way by a third party without Customer’s consent, or (v) suspension of services is reasonably necessary to protect Woktron’s hosting environment and/or its customers.
14.2 Woktron Web Hosting will provide Customer reasonable advance notice of a suspension based on a violation of these Terms of Service and a chance to cure the violation on which the suspension is based, unless Woktron Web Hosting determines, in its reasonable commercial judgment, that an immediate suspension is necessary to protect Woktron’s network and its customers’ data from an imminent, significant operational, network integrity or security risk.
14.3 Suspensions based on Customer’s breach of these Terms of Service will not relieve Customer’s obligation to pay for the suspended Services during the period of suspension. Any suspension imposed under this paragraph will be terminated upon Customer’s cure of the breach causing the suspension. In the event the Customer is unable to cure the breach within 21 days days from the date on which the breach occurred, the suspension may be treated as a termination for Cause. If Customer’s Services are compromised, then Customer must resolve the cause of the compromise before Woktron Web Hosting will reinstate service.
14.4 In the case that Service is suspended for Customer’s breach of these Terms of Service Woktron Web Hosting shall have the right to deny access to, and/or, destroy data stored on the compromised server or account. Woktron Web Hosting may at its own discretion allow access to a suspended account.
14.5 We reserve the right to charge a reconnection fee after suspension of hosting services.
15.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
15.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
15.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
15.4 No refunds will be made for Services suspended in accordance with 15.1, 15.2 and 15.3.
15.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will a be entitled pro-rata refund based upon the remaining period of membership.
15.6 You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.
15.7 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
16. Limitation of liability
16.1 Woktron disclaims all liabilities in connection with the following :
(a) loss of material uploaded;
(b) incompatibility of the Services with any of the Customer’s equipment, software or telecommunications links;
(c) technical problems including errors or interruptions of the Services;
(d) unsuitability, unreliability or inaccuracy of the Services;
(e) computer viruses of any kind obtained by the Customer in the course of using the Services;
(f) any security breaches whatsoever affecting the Customer’s Account.
16.2 In no event shall Woktron be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.
16.3 Nothing in this Clause 15 excludes each party’s liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.
16.4 Subject to Clause 15.3, our liability to you in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents be limited to the annual fees paid by you to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until you have provided documentary evidence to our satisfaction proving that loss has occurred.
16.5 We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.
16.6 Woktron will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
16.7 Woktron’s customers are liable for all charges levied by their telephone service provider arising from the Customer’s use of the Services.
16.8 From time to time Woktron or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting parts of it down. Woktron will give as much notice as possible and shall try to keep this work to the period specified in the notice. Woktron accepts no liability whatsoever arising from such a suspension of the service.
16.9 YOU acknowledge and agree that details of YOUR name, address, telephone and fax numbers together with email address(es) and assigned IP Addresses may be released to the RIPE NCC to ensure that both WE and YOU fulfil obligations under prevailing RIPE policies and that such data may be published in whole or in part in the RIPE WHOIS database.
17.1 The Customer agrees that it shall defend, indemnify, save and hold Woktron harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Woktron, its agents, its customers, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns in connection with their use of the Services.
18. Modification of Terms of Service
19.1 The Customer and Woktron both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.