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1. Introduction
This document (the “Agreement”) sets forth the principles,
guidelines and requirements of the Terms of Service of
wearewebs.com, a Wisconsin company (the "Company") governing the
use by the customer ("Customer") of Company's services and
products ("Services and Products"). These Terms of Service have
been created to promote the integrity, security, reliability and
privacy of Company's facilities, network, and Customer data
contained within. The Company believes it provides one of the
best services in the industry, and provides the following
policies in the best interests of the Company and the Company's
clients. The Company retains the right to modify these Terms of
Service at any time and from time to time and any such
modification shall be automatically effective as to all
customers when adopted by Company and published at http://wearewebs.com/terms/terms.html.
Company shall be the sole and final arbiter as the
interpretation of the following. By utilizing the Company's
services and products, the Customer agrees to be bound by the
terms herein outlined.
Questions or comments regarding this document should be
forwarded to the Company at the following address:
feedback@wearewebs.com
2. Compliance with the Law
Customer shall not post, transmit, re-transmit or store material
on or through any of Services or Products which, in the sole
judgment of the Company (i) is in violation of any local, state,
federal or non-United States law or regulation, (ii) is
threatening, obscene, indecent, defamatory or that otherwise
could adversely affect any individual, group or entity
(collectively, "Persons") or (iii) violates the rights of any
person, including rights 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 Customer. The Customer
agrees to indemnify and hold harmless the Company from any
claims resulting from the use of the services which damages the
Customer or any other party. Customer shall be responsible for
determining what laws or regulations are applicable to its use
of the Services and Products.
3. Prohibited Uses of Services and Products
In addition to the other requirements of these Terms of Service,
Customer may only use the Services and Products in a manner
that, in the Company's sole judgment, is consistent with the
purposes of such Services and Products. If Customer is unsure of
whether any contemplated use or action is permitted, please
contact the Company as provided above. By way of example, and
not limitation, uses described below of the Services and
Products are expressly prohibited.
3.1. General
3.1.1. Pornography and pornographic related merchandising
are prohibited under all the Company's services. This includes
sites that include links to pornographic content elsewhere. This
also includes nudity of any kind (complete or partial), sites
depicting nude images, incest, bestiality, sexual fetishes, and
sensual art. Further examples of unacceptable content or links
include pirated software, "hacker" programs, archives of "Warez
Sites", game rooms or MUDs, IRC Bots, Egg Drop programs, any
kind of illegal software or shareware, content that promotes
violence, witchcraft, satanic activity or paganism. In addition
sites offering online gambling, casino functionality, sportsbook
betting (including offshore), online banking services, Internet
lotteries and online pharmacies or sites that directly sell
prescription or non prescription drugs and pharmaceuticals are
prohibited.
3.1.2. Violations of the rights of any Person 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 Customer.
3.1.3. Actions that restrict or inhibit any Person,
whether a customer of Company or otherwise, in its use or
enjoyment of any of the Company's Services or Products.
3.2. System and Network
3.2.1. Introduction of malicious programs into the
Company's network or server (e.g., viruses, worms, malicious
code).
3.2.2. Effecting security breaches or disruptions of
Internet communication. Security breaches include, but are not
limited to, accessing data of which Customer is not an intended
recipient or logging into a server or account that Customer is
not expressly authorized to access. For purposes of this Section
3.2.2., "disruption" includes, but is not limited to, port
scans, flood pings, packet spoofing and forged routing
information.
3.2.3. Executing any form of network monitoring which
will intercept data not intended for the Customer's server.
3.2.4. Circumventing user authentication or security of
any host, network or account.
3.2.5. Interfering with or denying service to any other
user on Customer's host (for example, denial of service attack).
3.2.6. Using any program/script/command, or sending
messages of any kind, designed to interfere with, or to disable,
a user's terminal session, via any means, locally or via the
Internet.
3.2.7. Creating an "active" full time ftp connection on a
Company-provided account by using artificial means involving
software, programming or any other method.
3.2.8. Any attempt to circumvent or alter monitoring,
bandwidth tracking or utilization reporting, or other actions
which have the effect of complicating the normal operational
procedures of the Company, including but not limited to
altering, removing or in any way modifying or tampering with
Company created log files.
3.2.9. Any action which the Company determines, in its
own judgment, will reflect poorly on the Company or negatively
impact its operations.
3.2.10. Any action which the Company deems to be an
unacceptable use of resources, business practice or otherwise
unacceptable to the Company.
3.3. Billing
3.3.1. Furnishing false or incorrect data on the order
form, contract or online application, including fraudulent use
of credit card numbers and Customer contact information.
3.3.2. Attempting to circumvent or alter the processes
any billing procedures or procedures to measure web space, time,
bandwidth utilization, or other methods to document "use" of the
Company's Services and Products.
3.4. Email
3.4.1. Sending unsolicited commercial email messages (UCE),
including the sending of "junk mail" or other advertising
material to individuals who did not specifically request such
material, who were not previous customers of Customer or with
whom Customer does not have an existing business relationship
("email spam"). Violation of this or any section of this
Agreement will result in immediate account suspension and/or
termination, as well as further penalties and refund
ineligibility.
3.4.2. Sending UCE referencing an email address for any
domain hosted by the Company;
3.4.3. Sending UCE referencing a domain or web site
hosted by the Company regardless of the source of the email
sender (otherwise known as spamvertising a web site);
3.4.4. Sending UCE referencing an IP address hosted by
the Company;
3.4.5. Posting advertisements on IRC, ICQ, or any other
public chat system containing an email address hosted by the
Company, a domain hosted by the Company, an IP address belonging
to the Company;
3.4.6. The Company will be the sole arbiter as to what
constitutes a violation of these provisions.
3.4.7. Harassment, whether through language, frequency or
size of messages.
3.4.8. Unauthorized use, or forging, of mail header
information.
3.4.9. Solicitations of mail for any other E-mail address
other than that of the poster's account or service with the
intent to harass or to collect replies.
3.4.10. Creating or forwarding "chain letters" or other
"pyramid schemes" of any type.
3.4.11. Use of unsolicited email originating from within
the Company's network or networks of other Internet Service
Providers on behalf of, or to advertise, any service hosted by
the Company, or connected via the Company's network.
3.4.12. Activities deemed to be unsolicited marketing
efforts or otherwise harassing in any way.
3.4.13. Customer will be charged a minimum $300.00
service charge for each instance of a verifiable UCE that is
reported to the Company and faces immediate account suspension
and/or termination, as well as further penalties. Company is not
obligated to provide advanced notice of account suspension due
to violation of any Terms of Service and may at it's discretion
immediately suspend and/or terminate any account for violations.
3.5. Customer Support
3.5.1. The Company promotes a mutually-professional
relationship with its customers. Abusive, threatening, obscene
or otherwise harassing communications with agents of the
Company, via telephone, email, online chat or other means will
result in immediate account termination not withstanding any
other terms of this agreement. Violation of this or any section
of this Agreement will result in refund ineligibility.
4. Bandwidth & Utilization
In addition to the other terms of this agreement, which apply to
all plans, bandwidth and utilization, by its nature, is subject
to a number of differing and/or additional terms.
4.1 The Company provides a generous amount of data
transfer per account to our Customers so that they may create
their Websites and have a significant amount of site visitors
without having to worry about additional charges for traffic.
While most Customers will not exceed their monthly data transfer
limit we recognize that others may occasionally or consistently
need more.
4.1.1. The Company reserves the right to review and limit
bandwidth on any hosting account package or domain exceeding
usage over and above the specified maximum package limits in
accordance with the current price list published on the web
site. Customers exceeding their monthly data transfer allotment
as monitored by Company will be given the opportunity to pay for
excess usage at a rate specified with hosting package purchased.
If Customer does not purchase additional bandwidth resources in
order to come into compliance then Company reserves the right to
either throttle the site's bandwidth usage or suspend the site
at it's sole discretion.
4.1.2. Customer may not use Customer's Website to store
Web pages, files or data for other IP addresses or domain names,
nor may Customer use its Website as a repository for file data
transfer such as auction image hosting. Customer may not use
Customer's Website for "Warez group" download transfers. The
Company reserves the right to make this determination, in its
sole and absolute discretion.
4.1.3. The storage and distribution of MP3 format files
via the Company network is prohibited if the Customer does not
own the full copywrite of such files. Distribution of MP3 files
even if the Customer has the copywrite must be done solely via
the Customer's web site and not through third party external web
sites linking direct to the files for download. Customer must
prevent the direct linking to such files from external sites
through anti-leaching scripts or other means available on the
Internet.
4.1.4. The Company does not permit sites on the shared
virtual servers that use more than 10% of system resources, or
sites which in the Company's view are detrimental to the
enjoyment of the Company services by the Company's other
clients, or are in the sole and final judgment of the Company,
detrimental to network or business operations. If at any time
the Customer’s website generates enough data transfer to affect
the performance of the other customer sites on the server, the
Company reserves the full right to offer Customer the option of
upgrading to a hosting plan that would be more suitable such as
dedicated server plans or if serious enough to suspend or
terminate the Customer’s web site.
The Company may take whatever steps necessary to provide its
services, and to provide for the enjoyment of such services by
all of the Company clients, and to ensure that certain clients
do not utilize services to the detriment of other clients.
Customers with Websites that do not comply with these simple
rules, or who seek to take advantage of the Company data
transfer traffic plan in any detrimental way will at the
discretion of the Company, have their sites canceled and/or
removed from the servers and have service charges assessed.
The Company will be the sole and final arbiter as to Websites or
usages of resources that constitute violation or intent to
violate our policies. Websites which the Company must suspend or
cancel due to violation of these rules are not eligible to
receive a refund for unused service, and are subject to charges
for bandwidth and usage of resources as is posted on Company web
site. Acceptance of these Terms of Services, and/or use of
Company's services constitutes an acceptance of any fines,
penalties or service charges which might arise out of violation
of these policies.
5. Terms and Termination
For the purposes of Section 5 of this agreement, the term "30
Day Guarantee Period" shall be defined as the period extending
from the date a Customer signs up his or her domain hosting
account with the Company through the forty-fifth (45) day
following the initial signup of the Customer's account.
5.1. Customer must notify the Company of a cancellation
request a minimum of seven (7) days prior to the billing renewal
date. Customer must use the secure online cancellation form to
request cancellation of services. For security reasons,
cancellations will not be accepted via e-mail or phone. If the
Customer notifies the Company less than seven (7) days before
the billing renewal date, a refund will not be issued unless the
Customer's cancellation request is submitted during the 30 Day
Guarantee Period.
5.1.1. All refunds requested within the initial 30
Guarantee Period shall receive a full refund of only the web
hosting fees paid to Company. Setup fees, domain registration
fees and/or any optional add-on-service fees, are always
non-refundable.
5.1.2. Customers who cancel their accounts after the 30
day Guarantee Period will receive a prorated refund for the time
unused on their hosting account upon request by the Customer.
Setup fees, domain registration fees and/or any optional
add-on-service fees, are always non-refundable.
5.1.3. Refunds if any are due will be issued within 14
days of receipt of the secure online cancellation form and can
only be refunded to the same person who initially made the
payment and only via the same means. Company cannot refund a
credit card other than the same credit card that was initially
used to make payment.
5.2. Customer will not receive a refund for account
suspension or termination for violation of policies.
5.3. By submitting a credit card or ACH information on
the order form, Customer agrees to authorize all charges to the
account and any other balances incurred due to overages of
limits, additions of extras to the account, service charges
and/or any other fees, and to be bound to the terms of this
Agreement.
5.4. Customer will not receive a refund for any setup
fees, additional feature or resource fees or any fees other than
the unused portion of the annual hosting fees.
5.5. Customer will be charged a $15 account reactivation
fee for each site suspended due to a billing-related issue.
Accounts are suspended the day after their annual renewal date
if payment is not received by the renewal date. It is the
customers responsibility to maintain a valid and working email
address listed with the company billing department at all times
while service is being provided. Renewal notices are sent via
email to the contact email listed on customers account prior to
annual renewal date. Failure to receive a renewal notice does
not constitute grounds for non payment of renewal.
5.6. Customer shall pay the fees and other charges for
Products and Services ordered from Company as published on this
site at the time of order. Company reserves the right to change
rates without notice; any changes in price will take effect upon
renewal of the existing hosting account and immediately for new
purchases.
5.6.1. Customer agrees that the Company reserves the
right to change its fees, features, and discount offerings and
the Customer agrees to be bound by any changes of fee, feature,
and/or discounts for future purchases if so made. Customer will
not pay more than what is listed on company site at the time
that customer ordered a specific service for the period of
service agreed to.
5.7. The Company reserves the right to terminate this
agreement, and to delete the Website from its hardware,
immediately upon the occurrence of any of the following events:
5.7.1. Non payment of any charges due from Customer;
5.7.2. Breach of any term or condition of this agreement
by Customer;
5.7.3. Commencement of any lawsuit or proceeding against
Customer arising from or relating to its use of the Website,
whether or not such suit names the Company as a party or seeks
any recovery from the Company.
5.7.4. Payment for any charges are due at the time of
signup and renewal respectively. All payments must be in U.S.
Dollars. Accounts which have balances outstanding shall be
deemed to be in default and subject to termination of service.
Customer shall be responsible for all costs of collection,
including reasonable attorney's fees and court costs, in event
of a default for nonpayment of any amounts due the Company.
5.8 It is the customer's responsibility to maintain an
active email address and notify company of any changes to the
account administrative contact. Customers needing to update
their information must do so through their online secure account
Control Panel. Failure to maintain accurate contact information
and a working email address will prevent the Customer from
receiving important account notices and information and
therefore is a serious matter.
6. Indemnification of Provider/Relationship of Parties
6.1. Customer agrees to indemnify and hold the Company
harmless from any lawsuit, claim, charge, or expense, including
reasonable attorney fees and costs of defense, for any matter
arising from or relating to Customer's Website provided
hereunder.
6.2. Nothing contained herein shall be deemed to create a
relationship between the Company and Customer in the nature of a
partnership, joint venture, editor/publisher or otherwise. Both
parties acknowledge and agree that the Company has no
interaction with the data or substance of Customer's Website,
except as necessary to maintain the Website on the web server.
7. Security/Software
7.1. Customer agrees to take all steps reasonable,
necessary, and prudent to protect Customer's login ID and
password and is responsible for maintaining login security.
7.2. Customer agrees not to attempt to undermine or cause
harm to any server, software, system or customer of the Company.
7.3. Customer agrees to maintain Customers' computing
equipment responsibly, including running virus software.
7.4. Uploading a virus or worm or any harmful code or
program of any kind to a Company server will result in account
termination, service charges and/or prosecution.
7.5. Customer acknowledges that the Company cannot
provide technical support for any software and/or script that
the Customer installs, other than variable name changes.
Customer also acknowledges that the Company does not supply
technical support for Microsoft FrontPage, other than initial
configuration. The Company supplies technical support for Web
hosting issues only. The Company shall be the sole arbiter as to
what constitutes a "Web host" issue.
8. Violation
Any attempt to undermine or cause harm to the Company server or
another customer's Web presence is strictly prohibited. Any
violation of the above Terms of Service will result in grounds
for account termination, with no refunds given; the Company
reserves the right to remove any account without prior notice.
Violation of these Terms of Service may result in legal action,
service charges or a combination thereof.
9. Confidentiality
Customer acknowledges that by reason of their relationship, both
the Customer and the Company may have access to certain
products, information and materials relating to the other part’s
business, which may include business plans, customers, software
technology, and marketing plans that are confidential and of
substantial value to either party, respectively, and which value
would be impaired if such information were disclosed to third
parties. Consequently, both the Company and the Customer agree
that it will not use in any way for its own account or for the
account of any third part, nor disclose to any third part, any
such information revealed to it by either part, as the case may
be.
The Customer and the Company further agrees that each will take
every appropriate precaution to protect the confidentiality of
such information. In the event of termination of this agreement,
there shall be no use or disclosure by either party of any such
confidential information in its possession, and all confidential
documents shall be returned to the rightful owner, or destroyed.
The provisions of this section shall survive the termination of
the agreement for any reason. Upon any breach or threatened
breach of this section, either party shall be entitled to
injunctive relief, which relief will not be contested by the
Customer or the Company.
10. Refusal of Service
10.1. The Company reserves the right to refuse service to
anyone it so deems as a potential risk of violation of these
Terms of Service.
10.2. If any of these Terms of Service are failed to be
followed it will result in grounds for immediate account
deactivation, termination or suspension and the Customer's web
site files and emails permanently deleted from Company servers.
11. Disclaimer
11.1. USE OF THE COMPANY’S SERVICES AND PRODUCTS IS AT
CUSTOMER’S SOLE RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES,
AGENTS, RESELLERS THIRD PARTY INFORMATION PROVIDERS, MERCHANTS
LICENSERS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, THAT THE COMPANY’S SERVICES AND PRODUCTS
WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE
OF THE COMPANY’S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR
RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED
OR PROVIDED THROUGH THE COMPANY’S SERVICE, UNLESS OTHERWISE
EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA,
WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY,
AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND
ITS EMPLOYEES OR OTHER CAUSES.
11.2. THE SOLE CUMULATIVE LIABILITY OF THE COMPANY FOR
ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS
OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT
OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL
FEES AND CHARGES PAID TO THE COMPANY BY THE CUSTOMER.
11.3. We also are concerned with the privacy of on-line
communications. In general, the Internet is neither more nor
less secure than other common communications media, including
mail, facsimile and voice telephone service, all of which can be
intercepted and otherwise compromised. As a matter of prudence,
however, we urge our customers to assume that all of their
on-line communications are insecure.
We cannot take any responsibility for the security of
communications transmitted over our facilities. We will comply
fully, however, with all applicable laws concerning the privacy
of our customers' on-line communications. In particular, we will
not intentionally monitor or disclose any private electronic
mail messages sent or received by our customers unless required
to do so by law. We may, however, monitor our service
electronically to determine that our facilities are operating
satisfactorily. Also, we may be required to disclose information
transmitted through our facilities in order to comply with court
orders, statutes, regulations or governmental requests. Finally,
we may disclose information transmitted over our facilities
where necessary to protect us and our customers from harm, or
where such disclosure is necessary to the proper operation of
the system.
We are not responsible for loss of customer content due to
server or hardware failure. We do backup our systems daily, but
cannot guarantee the content is up-to-date or can be recovered
in the event of system or hardware failure. It is always the
customer's own responsibility to have a full backup of their
site at all times.
We expect that our customers who provide web hosting services to
others will comply fully with all applicable laws concerning the
privacy of on-line communications. A customer's failure to
comply with those laws will violate our policy. Finally, we wish
to emphasize that in signing up for services and therefore
agreeing to the Terms of Service, customers indemnify us for any
violation of the customer of the Terms of Service, or of law or
corporate policies, that results in loss to us or the bringing
of any claim against us. This means that if we are sued because
of activities of the customer that violate any law, the Terms of
Service, the customer will pay any damages awarded against us,
plus costs and reasonable attorneys' fees.
We hope this Policy Statement is helpful in clarifying the
obligations of Internet users, including us and our customers,
as responsible members of the Internet.
11.4. The Company reserves the right to revise or change
these Terms of Service at any time.
11.5. This Agreement shall be governed in all respects
under the laws of the State of Wisconsin applicable to contracts
made, accepted and performed wholly in Wisconsin, without
application to principles of conflict of laws, and the Customer
and the Company agree that the sole venue and jurisdiction for
any disputes arising from this Agreement shall be the
appropriate federal or state court located in the State of
Wisconsin. |
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