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Advanced Feature Summary Unlimited Domain Parking Unlimited POP-3 Emails Unlimited Mailing Lists Unlimited Auto-Responders Unlimited Sub-Domains Unlimited FTP User Accounts Free Search Engine Submission Free Website Promotion Free CGI Scripts including Hit Counter and Form Mail Spam Filtering Software Detailed Website Statistics Password Protected Directories Easy Website Backup Protection Same Day Account Setup Enterprise Level Servers Redundant DS-3 Backbone Providers and much, much more!
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TERMS OF SERVICE - ACCEPTABLE USE POLICY - PRIVACY, ETC.
Web-Hostess has a goal and a responsibility to provide high quality service to all our members, large and small. To better enable us to fairly distribute physical, technical and human resources, all members must agree to abide by the terms, conditions and policies set forth below. You, as a member, client and user of Web-Hostess, and any users of your account, agree to the following terms, conditions and policies, as well as any addenda or modifications to this agreement which may be posted here from time to time, as a condition of your use of our service. The terms of the service agreement may change at any time. The effective date of these terms is at the time of posting to our web site. Please check here frequently for any updates. WEB-HOSTESS SERVICE AGREEMENT GENERAL Client agrees that Web-Hostess is a privately owned Web Service Provider offering hosting of websites and website data, and that the client seeks to hire Web-Hostess to host and store its' website and website data for its' own purposes; and further it is understood that under no circumstances is storage space to be resold, subletted, given or provided to any other business entity other than the the client identified by us to be the owner of a given account, except in the case of prior agreement to the contrary or in the case of bonafide resellers. This applies, whether or not the client is a 'for profit' entity, and whether or not, a fee is charged by the client for said space. Separate Discount Reseller Agreements are available for such arrangements. Please see the Reseller Section of our site for more information. Web-Hostess is committed to providing continuous and uninterrupted web hosting service and does represent that its servers and services are configured for 24 hour operation, 7 days a week, 365 days a year and shall make every good faith effort to ensure that its servers and services are available as widely as possible and with as little service interruption as possible, but in no way guarantees that uninterrupted service will be provided. The Client agrees to hold harmless Web-Hostess, its employees, owners and assigns, from any and all damages or loss suffered in the event that hosting service is interrupted due to any occurrence, action or condition. Web-Hostess will make every effort to see that services are restored as soon as possible, however it is also understood by the client, that a great many circuits, components, third party telco lines, network access points and other services that comprise the backbone of the internet, as well as the clients own local and regional network and internet service providers, are not under the control of Web-Hostess, who depends upon these services to supply the client with the services herein described, and therefore assumes no liability for its ability to provide such services. Notwithstanding, the client acknowledges that the Internet is neither owned nor controlled by any one entity and that any one individuals access to the Internet may vary considerably; therefore, Web-Hostess can make no guarantee that any given user shall be able to access the information contained on Web-Hostess's servers at any given time. Client agrees to pay on a timely basis per the payment option specified during or subsequent to the ordering process. The client also agrees that failure to pay hosting or domain registration fees in a timely manner may result in interuptions of hosting service, or forfeiture of the clients domain name. The client will be invoiced for hosting by Web-Hostess via the e-mail address provided by the client during signup, on or about the 20th of each month, for the following months' services. New services will be billed immediately and may include pro-rated amounts, depending upon the date of the sign up. Domain Renewals registered through Web-Hostess will be billed in advance of their expiration, depending upon the Registration Term chosen by the client. All charges due are payable upon receipt and clients are urged to pay via any one of our convenient electronic means, for prompt credit to clients account. Unpaid invoices will be considered past due on the 1st of the month (generally 10 days after being invoiced). A reminder statement may be issued on or about the 2nd of the month for past due accounts and will include a processing fee of $1.00 (one dollar). Accounts remaining past due after the 7th of the month will be suspended. Failure to to send a Reminder Statement does not prevent application of processing fee or preclude your obligation to pay. Suspended accounts will not be available for public surfing or client access. Accounts remaining past due after the 15th of the month will be permanently deleted from the system. Deletion includes all web files, emails, and anything else stored in the clients allocated space. In the event legal remedies are taken to collect on a past due account, client will become responsible for all collection costs, including but not limited to preparation time, legal fees, reasonable travel and accommodation expenses, etc. See more information about our Billing Policies later in this agreement. Web-Hostess shall not be liable for taxes or any other fees to be paid in accordance with, or related to, purchases made from the client or the clients' website, and further the client agrees to take full responsibility for any such taxes or fees associated with such products sold. Web-Hostess will exercise no control over the content of the information passing through or hosted on the network and makes no warranties or representations of any kind, whether expressed or implied and further, disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the client including loss of data, service interruptions or errors and omissions by the client or Web-Hostess or any representative of Web-Hostess. Use of any information by any party, obtained from Web-Hostess or any Web-Hostess client is solely at that individuals risk. Further, this section extends to any party who purchases any service or product from the Client, through a Web-Hostess server or otherwise, and, Web-Hostess specifically denies any responsibility for the accuracy or quality of such services or products. Client understands that the internet is a collection of inter-connected, yet in nearly all cases, un-related private and public networks, whereupon each network owner is responsible for the technical functionality and resources of their own network. Client also understands that in any given attempt by any given user to access any given webpage or online document, that request will travel through a great many and varied networks to get to it's final destination ...and back. Accordingly, no single provider, including Web-Hostess, can warrant the speed at which data will pass across the internet at any given time. In addition to individual network consideration, a great many other factors influence speed including the end users own ISP, local, regional and national network congestion, poor client site design considerations, weather, and a nearly endless array of other outside influences. These influences are outside the control of Web-Hostess and Web-Hostess will have no responsibility for such influences, or any problems, delays, losses, or any other issue related to such influences. Web-Hostess expressly limits its' damages to the client for any non-accessibility time or other down time, to the pro-rata monthly charge during such system unavailability. Down time for the purposes of this agreement relates only to internal downtime of Web-Hostess servers. Any peak period, during which access may be denied due to internet saturation or any other non-internal cause, is not considered system down time. Web-Hostess specifically denies any responsibilities for any damages arising as a consequence of such unavailability. The client warrants that it has the right to use applicable trademarks and copyrights which may appear in its website, and grants Web-Hostess the right to use same in connection with the service that Web-Hostess is providing or advertising of same, and further client has the authority to grant such license. This includes company names, logos, products, etc. The client is responsible for any hardware, software or any other device or service necessary, if the client wishes to access or transfer any information on or to the Web-Hostess servers or any other internet or web hosting service. Web-Hostess makes no representations, warranties or assurances that the clients or any other users' equipment, software, knowledge, ability or services will be compatible with or sufficient enough to access or use the services provided by Web-Hostess. The client certifies that he/she is at least 18 years of age, or older if the Age of Majority in your community is higher. The client further certifies that he/she is authorized to execute this or any other agreement by or between the client and Web-Hostess, by continuing the ordering and order submission procedure. Parents and/or guardians, of children under the Age of Majority who fraudulently identify themselves as being of proper age, will be held responsible for any payments, damages, etc., incurred by their underage children. Web-Hostess expects the client to be considerate of the expectations and sensitivities of others on the network, when posting material for electronic distribution. The network resources of Web-Hostess may not be used to impersonate another person or entity or misrepresent authorization to act on behalf of others or Web-Hostess. All electronic information transmitted through Web-Hostess must correctly identify the sender. Users may not alter the attribution of origin in electronic mail messages or postings, or attempt to undermine the security or integrity of any systems or networks and must not attempt to gain unauthorized access to same. Web-Hostess may terminate or suspend service under this agreement, in whole or in part, at any time, without penalty, if the client fails to comply with the terms of this agreement, or if, in our judgement, there is a significant or impending risk of such a non-compliance. The Client may terminate this agreement at any time, without penalty, if Web-Hostess does not provide services as outlined in this agreement. Not withstanding, any outstanding charges become immediately due and payable upon such termination. Under no circumstances, including negligence, shall Web-Hostess, its officers, agents or anyone else involved in developing, producing, publishing, offering, providing or distributing of any service provided by Web-Hostess, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or inability to use services and/or servers provided by Web-Hostess; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Web-Hostess's records, programs or services, negligence, etc. Client hereby acknowledges that this section shall apply to all content on Web-Hostess servers and/or related services. Notwithstanding the above, The client agrees that its' exclusive remedy for all damages, losses and causes of actions, for any non-accessibility time or other downtime, or, any other damages, losses, causes of actions, whether in contract, tort including negligence or otherwise, shall not exceed the prorata monthly charge during the time of any such related system unavailability. The client shall defend, indemnify, save and hold Web-Hostess harmless from any and all demands, liabilities, losses, costs and claims, including attorneys' fees, liabilities asserted against Web-Hostess, its' agents, customers, officers, employees and non-employees affiliated with Web-Hostess, that arise from any product or service sold by The Client, its' agents or assigns, and agrees to defend, indemnify and hold harmless Web-Hostess against any liabilities from (i)any injury to person or property caused by any products sold or otherwise distributed in connection with Web-Hostess's service or servers, (ii)any material supplied by The Client infringing or allegedly infringing on the proprietary rights of a third party, (iii)copyright infringement and (iv)any defective product or service which The Client, or its clients, sold, bought, traded or otherwise aquired or entered into any transaction with, through Web-Hostess server. The client may only use Web-Hostess servers and services for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited, including, but not limited to copyrighted material, material legally judged to be threatening, protected by trade secrets, child pornography, etc. This also includes links or any connection to such materials. Web-Hostess is not in the business of censorship, and exists for the sole purpose of providing a storage area for other persons and businesses files, whatever they may be. Web-Hostess does not review, verify, endorse, censor or otherwise involve itself in client materials, pages or data prior to, or after posting, but will investigate complaints. In the case of questionable material, Web-Hostess reserves the right to suspend the offending account, pending further investigation, and potentially remove that account. Web-Hostess will cooperate with legal authorities when required. Software Web-Hostess provides access to certain software within the clients hosting control panel, however, the client retains no license to that software other than its day to day use as needed while that client is hosted with Web-Hostess. Any 3rd party software that is physically downloaded from our website is publicly available for download elsewhere, however, for the convenience of our customers, Web-Hostess provides these downloads to save you the time of navigating the web and downloading the software. Please see the inidividual software for their respective terms, conditions and registration requirements. Consult the software manufacturers website for updates and modifications to their terms and conditions, as well as support for that software. Note that the some software downloaded from Web-Hostess presumes that you have a registered copy of Windows software and may require that you insert your Windows CD or discs during the installation process. Please have your copy available prior to installing the dial-up kit. DEFINITIONS Use Downloading, uploading, viewing, storing of any files by any party, whereby an active Web-Hostess account, server or service is involved in any way, directly or indirectly. User Any individual or group, performing the functions outlined above. Client The Web-Hostess account holder, or any member of their immediate family or business office, residing or working at the service address, or in the case of a business, employed/contracted by said business, sometimes referred to as 'user' or 'member' or 'customer'. Unlimited Access The ability to log-on via FTP, HTTP, SMTP or POP to accounts hosted at Web-Hostess at anytime without hourly fees or other charges beyond the normal monthly hosting fee, for any use which is consistent with this our policies and service agreement. Netiquette Netiquette is the rule of good behavior on the Internet. Disregarding these rules is a violation of Web-Hostess policy. All users should refer to the Net Abuse section of this policy for an explanation of possible consequences for such behavior. MEMBERS RULES AND RESPONSIBILITIES The following rules of usage for Web-Hostess clients are intended to facilitate and ensure the easiest, widest range of accessibility and fair useage of our service: Responsible Use Web-Hostess is not responsible for the content of any data originating from or transmitted to our users, except that at its discretion Web-Hostess may temporarily or permanently remove access to certain internet servers, engaged in the practice of spamming, bulk emailing or otherwise flooding our servers, and/or our members mailboxes with unsolicited material. This extends further to servers or businesses engaged in or promoting the maligning of Web-Hostess, its employees, services or its subscribers, members, businesses, etc. You, the account holder, are exclusively responsible for the content of any and all information you or any user of your account may transmit, receive, post or publish in any format or form. Data Backup Policy System files on Web-Hostess servers are backed up periodically, solely to provide Web-Hostess with the ability to recover server operation specific files and restore server operation, in the event of a catastrophic loss. These backups do not include customer website files. Web-Hostess does provide two convenient methods for the client to backup their data files on a daily basis, or, as often as they like, via FTP download to their local machine, or by using the backup utility included with the clients online control panel. The preferred and highly recommended method is periodic, client initiated backup via FTP, since there is no compression and files can be reused immediately, if needed. Additionally, the client can then burn a copy to CD-ROM for a permanent backup. Client acknowledges and agrees that the installation, use, inspection, maintenance, repair and removal of the equipment belonging to Web-Hostess, as well as ordinary and extra-ordinary wear and tear, may result in service outages. In recognition of the potential for service outage, the client hereby agrees to back-up all pertinent data files by copying them to another storage medium and failure of customer to do so is acknowledged by customer to be at customer's own peril. Client understands and agrees that Web-Hostess and its employees, subcontractors or agents, shall have no liability whatsoever for any damage to or loss or destruction of any customer's software, files or data and customer hereby agrees to waive and forego any right of action that client might otherwise have whether by making a claim or through filing a lawsuit against Web-Hostess in connection with any damage or injury allegedly related to any service outage, and that any backups maintained by Web-Hostess are solely at the discretion of Web-Hostess and for the sole purpose of bringing servers and server configurations back on line. Multiple Users Concurrent, multiple-user FTP logons are available on certain Web-Hostess accounts. However, the account holder is responsible for any and all activities, as well as any consequences of any user permitted to logon to your account. Resource Conservation Neither Web-Hostess, nor any other Web Hosting Provider, has unlimited resources (server capacity, disk space, bandwidth) available. Considerate, responsible and mature use of your user privileges permits the widest, most equitable use of our facilities and resources by all of our customers. CGI Scripts Policy Our servers are not to be used as your testing platforms. Client accounts are on high end, LIVE servers, and unless you have a Dedicated Server account with Web-Hostess, you share your web server with other businesses. Your server space is being provided to display your finished product to the web - NOT for application or script testing. If you are uploading a script to our server, you acknowledge that you have already tested your script elsewhere and that you know how to install the script. Any script that our server administrators deem to be potentially threatening to the overall performance of our web server will be terminated immediately and your account access could be subject to suspension or terminated without refund of any pre-paid fees. Termination includes the purging of all customer files. Any time spent by Web-Hostess to kill a script and/or to lock an account will be billed to the account at a rate of $150.00 per hour (one hour minimum charge). Malicious scripts are subject to immediate Account cancellation and may result in prosecution. CGI scripts must use low system resources. Scripts that consume a large amount of RAM or CPU power will be subject to account review, possible mandatory upgrade to dedicated server and/or additional fee(s). Each user account may not use more than 1% of system resources at any given time. Scripts may not interact with any server configuration or hardware. Clients running scripts that interact with any server configuration or any hardware will be subject to account review, possible mandatory upgrade to dedicated server, and/or additional fee(s). Scripts must be used and referenced only from the root site for that script, and you agree to configure the HotLink Protection feature of your Control Panel to prevent outside linking from Net. Failure to protect your scripts from HotLinking, as well as intentional crosslinking of scripts, will be subject to account review, possible mandatory upgrade to dedicated server, and/or additional fee(s). Scripts must be executed in a timely fashion. Any script that uses the processor for more than a few milliseconds is subject to removal by system administrator. Scripts must be secure. Unnecessarily setting permissions (chmod) of scripts to 777 is a policy violation. Placing scripts in a publicly viewable directory (one without an index.html files) is a policy violation and is subject to removal by system administrator. Any accounts with scripts found in violation of any Web-Hostess, policy are subject to future scrutiny of all CGI by our system administrators. If a script is found to be harmful to the system, it will be killed immediately and the account locked until the account owners have been contacted. Any time spent by Web-Hostess to kill a script and/or to lock an account will be billed to the account at a rate of $150.00 per hour (one hour minimum). Malicious scripts are subject to immediate account cancellation and potential prosecution. Bandwidth OverAllotment Policy Each account type provides a generous quantity of bandwidth, and is designed so that any site using normal resources within that account type, will be able to perform without a deficiency. Normal resource consumption for any given account type is considered to be the average of the resource consumption for all other sites on a specific server. If a site uses over it's allotment of bandwidth for its type of account, the site may become unavailable until the beginning of the new month. It is the clients responsibility to periodically review their bandwidth consumption via their control panel, and upgrade their account if necessary. As a courtesy and preventative measure, we periodically review site by site consumption and any site found to be within 5% or less of its limit for the month will be automatically upgraded to prevent the site from becoming unavailable. This is a courtesy and not a requirement, since the true responsibility lies with the client. When an account is automatically upgraded, the customer will see the change reflected on their next invoice. A courtesy email will also be sent to advise the customer of the account modification, and we will not retro-bill the remaining days of the current month. Disc OverAllotment Policy When you have reached the allotment for your account type, you will not be able to FTP additional files to your server. At this time, you will need to either eliminate (delete) unnecessary files or upgrade to the next account type, which will also provide you with additional bandwidth and features. Email Privacy Web-Hostess cannot guarantee that any transmission or communication is truly confidential or private. The provisions of the current version of the Electronic Communications Act and related laws of the United States of America, applies in all cases. Customer Privacy Web-Hostess will not release to individuals any information which you provided in your Account Application, including name, address, credit card numbers, bank account numbers, except for the purpose for which it was provided unless required to do so by law or in case of dire and proven emergency. Censorship Web-Hostess does not, as a general rule, practice any form of censorship. (Censorship is understood to mean examination of materials prior to or following its public posting, for the purpose of determining its appropriateness, legality, morality, etc.) You, the user, are responsible for censoring any information you find offensive, obscene, illegal or objectionable. Web-Hostess does not verify, endorse, review or involve itself in any way with client pages or other data prior to, or after posting. Web-Hostess, however, does and will comply with all constitutional provisions of the Communications Decency Act and other laws of the United States of America. We will investigate complaints and cooperate with authorities, as required. Additionally, and at its discretion, Web-Hostess may temporarily or permanently remove access to certain internet servers, engaged in the practice of spamming, bulk emailing or otherwise flooding our servers, and/or our members mailboxes with unsolicited material. This extends further to servers or businesses engaged in or promoting the maligning of Web-Hostess, its employees, services or its subscribers. Information Integrity The risk as to quality, performance and accuracy of any information or software obtained through our service or servers, is exclusively with the account holder or end user. Web-Hostess does not warrant any such electronic information nor will it be held responsible for any damages caused by such data or lack of data, whether or not caused by Web-Hostess, its servers, outside persons or organizations or employees. While Web-Hostess employs a variety of security measures to protect it's servers, we make no representation or warranty that such measures will be available at all times or adequate to prevent any damages from any source. Viruses In addition to the aforementioned, Web-Hostess may or may not run a third party virus check software on equipment. However, Web-Hostess does not represent, warrant or covenant that the virus check software will detect or correct any or all viruses. Moreover, if a virus is found, Web-Hostess may treat the virus using the third party virus check software, and this may result in damage to customer's software, files and data. In addition, software or other content downloaded from the service may contain a virus, lock, key bomb, worm, trojan horse or other harmful feature and Customer understands and agrees that it is the customer's sole responsibility to take appropriate precautions to protect customer's own computer from damage to its software, files and data as a result of any such virus, lock, key bomb, worm, trojan horse or other harmful feature. Customer understands and agrees that neither Web-Hostess nor any of its employees, subcontractors or agents shall have any liability whatsoever for any damage to or loss or destruction of any software, files or data resulting from any virus, lock, key bomb, worm, trojan horse or other harmful feature and customer agrees to hold Web-Hostess harmless for any damage or loss sustained by customer as a result thereof. Third Parties Web-Hostess is not responsible for merchandise or services purchased from independent sellers, resellers, vendors or individuals whether or not they are account holders of Web-Hostess. This includes, but is not limited to, purchase terms, warranties, guarantees, maintenance or deliveries. Web-Hostess is not party to such transactions and is not liable for any costs or damages arising out of, either directly or indirectly, the actions or inaction's of such parties. Residential/Commercial Home Pages Web Hostess does not make a distinction between residential or commercial use of its services, however, we have geared the low price and limited features of some of our plans to be more attractive to personal and home users, as well as small home businesses. Likewise, some of our full featured plans are better equipped for the most demanding web programmers and businesses. Web-Hostess offers no technical support for web page design, setup, or programming. We provide the storage space only, since it is assumed that the person creating the web page has the necessary skills required for the task. Free technical support is available as described in the Customer Care portion of our site. Web page development is available at an additional charge for business users. We have professional designers available in several cities. Please check the Web Design section of our site for more information. ILLEGAL ACTIVITIES All illegal activities will result in the immediate termination of user privileges and possible criminal and civil prosecution. The client, user or account holder specifically agrees to indemnify Web-Hostess and it's employess, assigns and affiliates for any losses, costs or damages including reasonable attorney's fees incurred by Web-Hostess relating to or arising out of any breach of this section. Unlawful Use Web-Hostess is not to be used for purposes contrary to Federal, State, or Local ordinances, regulations or statutes. Copyrighted, patented or trade-marked material is subject to the Intellectual Property Provisions of this Policy. Illegal material, material of a threatening nature or liable to cause civil unrest, or material protected by trade secret is not permitted to be transmitted or posted. If a user is unsure as to the acceptability of material to be transmitted, it's probably not acceptable. See the section on censorship for more details. Chain Letters The same statute which prohibits this activity through the United States Postal Service prohibits it from the Internet. Web-Hostess will cooperate fully in the prosecution of any customer so engaged. Hacking In part, knowingly accessing any computer or server without authorization or exceeding authorized access levels, attempting to gain access to or to modify any other user's account, interfering with or attempting to prohibit, restrict or alter the normal operations of any computer or server on the internet or any other ISP, except where a server has been blocked by Web-Hostess under an existing provision is considered hacking. Hacking will result in the immediate and permanent termination of your user privileges. Trespassing The use of another user's account without their permission is considered trespassing and, as such, an illegal activity. This is also contrary to Web-Hostess policy if the user is not of the immediate, resident family or business. Forgery The use of another user's email name and/or password with the intent of assuming their identity is an illegal activity and will not be tolerated. Law Enforcement Web-Hostess will fully co-operate with any Law Enforcement Agency (after receipt of a requisite subpoena) in the investigation and prosecution of any crime involving Web-Hostess customers or its service. NETWORK & SYSTEM ABUSE The following activities are prohibited by Web-Hostess and will result in a two-tiered response from Web-Hostess. The first such incident will result in temporary suspension of user privileges and a written or verbal warning. A second incident will result in the permanent discontinuance of the user's account without additional warning. NOTE: In certain cases, immediate termination of a customer's account may result due to the severity of the incident and resources required to correct the abuse. No prior warnings will be issued and files loss will not be reversable. Additionally a fee of $150 per hour will be charged to the offending client to 'clean up' the residual affects of the violation. This is a general and partial list, focused on the most common offenses. Web-Hostess has a goal to provide a family and business friendly environment for all our members, and we will not tolerate nuisance websites who threaten that mission. Unsolicited Email The mailing of unsolicited, unwelcome and undesirable email to one or more users (not necessarily on Web-Hostess domain), sometimes mistakenly referred to as spamming, is prohibited by Web-Hostess. It is also considered poor netiquette. Spamming Spamming is defined as mass cross-posting to Usenet newsgroups. It is also defined as the posting to multiple-newsgroups or postings of non-relevant, nuisance articles. It is poor netiquette and not permitted by Web-Hostess. Bots and Clonebots A malicious connection(s) to a network with the intent to slow down, flood off or deny other users access to such network. While consuming enormous bandwidth and resources on our machines, this activity denies legitimate users access to such networks. This activity results in immediate, permanent and unforwarned discontinuance of the offending customer's service. Flooding The result of operating bots and clonebots which spew control characters and arbitrary garbage, causing degradation of server or network service or performance. This activity will result in the immediate, permanent and unforewarned discontinuance of the offending customer's service. Ping Bombs or Floods Continuously pinging another account holder, causing degradation of the server or network is prohibited. This activity will result in the immediate and permanent termination of the offending user's account. Excessive pinging of Web-Hostess equipment or any other equipment on the internet is prohibited. Spoofing Usurping or assuming the IP Address of another user is prohibited. This action not only deprives the rightful owner of that IP Address the use of it, but also is considered a hostile act by Web-Hostess and subject to immediate and permanent termination of the offender's account, except where a server has been blocked by Web-Hostess under an existing provision. Content It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers. Each hosting account shall store and serve only it's own content. Offering content stored on your hosting account as active content ie: hot links to be incorporated into other websites are not permitted. Offering content that causes bandwidth or disc consumption that exceeds the normal resource consumption for your account type, whether or not it is within your allotment for that account type, may result in a review of your account to determine whether your account is in compliance with our terms of service. We reserve the right after any such review to require an account to upgrade, or terminate service, if in our opinion the reviewed website compromises the performance of other hosted sites, or is in excess of normal resource consumption for the specific account type. We do not allow the hosting of or linking to adult content when the primary function of the hosted site is related to such adult content, (casual adult content is acceptable as long as it falls within the laws of the United States) or sites that include or promote gambling, prositution, pornography, illegal drug dealing in any form, or any other illegal or illicit activity. We do not provide website storage space as general or bulk file storage space, and as such, all files stored on the server must be used in conjunction with the hosted website. Your hosting account will support most popular web data types, including support for animated introductions, short video and audio clips for realaudio, realvideo, mp3, mpg and flash files. All animated, audio, and video clips must be limited to a maximum of a 30 second sampling or stream. Website may not replay or redistribute copywritten songs or other material without proper author consent. Web-Hostess.com servers are not to be used for song swapping services i.e.: "napster" or streaming or fixed file music servers, image file servers, etc. If you are a business and are unsure if your content is acceptable, drop us an email and we will provide guidance. INTELLECTUAL PROPERTY POLICY Web-Hostess subscribers have access to a vast quantity of information on the Internet. Some of that information is the intellectual property of others which carries restrictions on its copying and use. Intellectual property rights are held by the owners/creators of work and are protected by copyright, trademark and patent law. Many works include the symbols © to designate copyright, ™ to indicate trademark, and ® to indicate a registered mark. The lack of any symbol, however, does not mean that the work is not protected by law. Clients must not copy, use, or distribute copyrighted or trademarked works of others without the expressed permission of the right holder. If you believe that your intellectual property rights have been violated by a Web-Hostess client, you should contact that client directly. We recommend the written notification include the following: The exact web page address and location on that page, of the alleged violation. A clear request that the violating material be removed. Proof that you are the holder of the copyright, trademark, etc., including registration number, a copy of the work infringed and a certification, under oath, that the work is your property, that your rights in the work have been violated and that the alleged infringer's use of the work is not capable of a defense. If necessary you should assert your legal rights. While Web-Hostess will not get directly involved in your dispute, we will cooperate with authorities as required. ADDITIONAL BILLING INFORMATION In addition to any billing, payment or account requirements discussed previously in this document, the client understands and agrees that is the clients sole responsibility to have the appropriate internet access to use the services provided by Web-Hostess. Upgrade Billing Policy For the clients protection, when a hosting account is upgraded, Client agrees that said upgrade and associated billing shall remain in place for a minimum of one full billing cycle, plus any pro-rata amount for the current billing cycle. For example, if your Billing Cycle begins on the 1st of the month and you upgrade on the 15th. The allocated resources must remain in place for the pro-rata period of the 15th to the 30th, as well as the following full cycle of the 1st to the 30th. Credit Inquires Client authorizes Web-Hostess to make inquires and to receive information about customer's credit history from others, enter this information in customer's file. Telephone Charges Web-Hostess will not be held responsible for any telephone charges including long distance, per-minute surcharges or equipment costs incurred by the user for any reason. These charges are exclusively between the user and their telephone provider or ISP. The user should always check first with their local telephone company prior to using any dial-up telephone number. Rate Changes Web-Hostess reserves the right to change monthly recurring fees, connection fees, equipment fees or to add new fees at any time with 30 days prior notice. If service has been prepaid, the new charges will not become effective until the expiration of the pre-payment. Billing Disagreement Any disagreement or dispute concerning a bill must be made within 30 days of the billing date. Charges disputed after this period of time will not be considered negotiable. Credit Card Dispute A $50.00 Credit Card Dispute surcharge will be applied to a customer's account when that customer disputes a charge with their card company (credit card company charge back) PRIOR to bringing the complaint to attention of Web-Hostess and making a good faith effort to resolve the dispute with us. Please, always notify us first of any billing questions. Credit Card Use A client or prospective client must not attempt to place an order or make a payment to Web-Hostess with an expired, false, or unauthorized credit card or credit union information. The fraudulent user's service will be terminated and the user will be prosecuted. Credit Card Payments When a user wishes to change from auto debited monthly credit card payments to monthly/quarterly/annual direct invoicing, it is their responsibility to notify our Billing Department. Web-Hostess will NOT authorize charge backs to credit card companies if we have not received prior notification or request to change the clients billing preference. Credit Termination Web-Hostess reserves the right to require prepayments for Web-Hostess accounts immediately and without notice, upon the rejection of any credit card charges, non-payment by the bank or credit union of authorized charges or any other indications of credit problems such as bankruptcy filings. Frequently Delinquent Policy Web-Hostess considers a customer to be "frequently delinquent" after the third past due or credit card problem notice within any one year period. Customers who become "frequently delinquent" are required to either maintain a positive account balance equal to two times their monthly hosting fees, or simply prepay for a year of service. Immediate Notification Required A client must promptly notify Web-Hostess of any of the following: change of email address used for monthly billing or business office correspondence, changes to expiration date of a credit card used to make auto debit monthly payments for our services, changes in the Credit Union Account used to pay for our services, the user's home or billing address, any suspected breaches of security such as theft, loss or unauthorized use of a credit card, bank or credit union account or ID or password, or lost or stolen access information for your Web-Hostess account. Important - Please note that such notifications are for billing and general record keeping purposes only. To make changes to your Domain Registration record you must contact your Registrar, or if Web-Hostess.com is your acting Registrar or Registrar Agent, you must use the change form located in the Member Area of our Website. To correspond with Technical Support, please ensure that the return email address in your email program is set to a correct address, as support staff will 'Reply To' your email as sent, without knowing whether you have a current address in your Reply To field. Service Termination Web-Hostess reserves the right to terminate access to any Web-Hostess account immediately and without penalty and without notice, upon rejection of any credit card charges, non-payment by the bank or credit union of authorized charges or any other indication of credit problems such as bankruptcy filings. Web-Hostess also reserves the right to, without penalty, terminate service, block access, block sites, reject mail or take any other action, that in our opinion is needed, in part or in full, to protect its interests or that of its majority client base, including but not limited to programming, graphic design, access, or any other product or service of Web-Hostess, in the event that any officer of Web-Hostess determines that a threat may exist, whether real or perceived, to the security, useability, reliability, performance, perception of performance of any system, resource or other asset, whether tangible or not, until such a time that it is determined that said threat ceases to exist. Web Hostess also reserves the right to take the same or similar actions without penalty, if the client fails to comply with any other terms or conditions of our services, or if, in our judgement, there is a significant or impending risk of such non-compliance. If we terminate your service, you will not be entitled to a refund. Customer Termination of Service A customer cannot assume that their account automatically terminates when their payment remittances cease. Web-Hostess requires an email or written or faxed notification of termination when canceling our service. For your protection, the Termination request must include the account name and password, clear cancellation request & reason for cancellation. Written or faxed cancellations must include signature of account owner. We reserve the right to require a photocopy of drivers license or other identification that includes a signature. If service is terminated by a customer during a pre-pay arrangement, or promotional offer, the customer will be refunded any credit after any waived setup fees and time on at regular price is deducted from customer's initial payment. Time on will be charged at the regular monthly rate, if the prepay or promotional rate differs from regular monthly rate. Introductory Offers Web-Hostess reserves the right to offer introductory rates and specials limited to new customers only. If you have become an Web-Hostess customer within the previous 7 days of a special offer, you are eligible for the introductory specials. In most cases, offers can not be combined. Special offers, coupons, etc., must be presented at the time of ordering. Domains are processed in real time and can not be adjusted afterwards. Free domain name offers - From time to time, Web-Hostess may offer coupons or other means for a new or existing client to obtain a free domain name from Web-Hostess. To qualify, the customer must order a new or renewed domain name through Web-Hostess.com for a registration period of at least one year. Additionally, the customer must order and pay for a $4.99 or better hosting package from Web-Hostess, for a period of at least one year. If the customer cancels their hosting prior to one year, the customer will be responsible to pay a full retail, non-discounted price of $35.00 per year of registration, from the date of registration. No pro-rata calculation will be applied. Free month of service offers - From time to time, Web-Hostess may offer coupons or other means for a new or existing client to obtain a free month of hosting service from Web-Hostess. To qualify, the customer must order and pay for a new or renewed year of hosting on a $1.99 or better hosting package from Web-Hostess. If the offer is from a coupon or advertisement, the coupon code must be included on the order form. If the offer is available on the website, without a coupon, the code is not required. The free month will be appended to the end of the 12 month term. If a customer cancels prior to the completion of the 12th month, the free month shall not apply. If the customer cancels prior to the completion of the free (13th) month, no credit shall be given for unused time. Under no circumstance will credit be issued for unused time, when the unused time was complimentary. Waived Setup Fee offers - Web-Hostess places a value on the time invested to attract, setup and support new domains and hosting accounts. From both an administrative and technical perspective, there are appreciable costs involved. From time to time, Web-Hostess may offer coupons or other means for a new or existing client to obtain hosting accounts from Web-Hostess without paying a setup fee. To qualify, the customer must order and pay for a new or renewed year of hosting on a $1.99 or better hosting package from Web-Hostess. If a customer cancels prior to the completion of the 12th month, a $25.00 setup fee will be applied to the account. Web-Hostess reserves the right to waive or charge setup fees at its discretion. Bankruptcy Upon notice that a customer has filed bankruptcy, at its option, Web-Hostess may terminate service or require that customer pay three (3) months advance on future service and a $25 administrative fee. Returned Check Fees Web-Hostess will charge $50 for any returned check. In the event that an account is turned over to a collection agency for collection of past due balances, Web-Hostess reserves the right to charge a $50 administrative fee in addition to any fees charged by the collection agency, which customarily will be 40% of the balance due, prior to any administrative fees levied by Web-Hostess. In the event that it becomes necessary for Web-Hostess to take legal action against any account holder, Web-Hostess also reserves the right to collect from the account holder $90 per hour for any and all time required to prepare and execute their case. Additionally, Web-Hostess reserves the right to collect any and all reasonable administrative costs, attorney's fees & court costs associated with the execution of such a case. DOMAIN NAMES Unless otherwise specified, all domain registrations are owned by the customer and maintained by Web-Hostess. Client gives Web-Hostess permission to register domains in the customer's name and sign/approve domain contracts as needed. Customer information will be listed on the Internic's whois database. Customer understands and agrees that Web-Hostess does not register or renew domains at its regular deeply discounted rates, or its multi-year extra-discount rates, for sites that are not being actively hosted by Web-Hostess. For the purpose of this section, 'actively hosted' means the client pays for any and all services rendered in a timely fashion and is not in arrears. Client agrees to pay a $35 domain registration fee for any domain that is newly registered or renewed through Web-Hostess, when the related hosting is then canceled within a year of such registration or renewal, and whether or not the related hosting is transferred to another hosting company. Such fee shall be reduced by any registration payment already made by the customer. Customer acknowledges that they have reviewed, understand and agree to the Network Solutions/Verisign/Verisign Subsidiaries Service Agreement, as it relates to their particular domain type and TLD selection. Click Here to review the Network Solutions/Verisign/Verisign Subsidiaries Service Agreement. TECHNICAL SUPPORT To use services provided by Web-Hostess, it is required that you have a basic knowledge of your computer and operating system, as well as the requisite website design skills required to create and publish your website. There are many different levels of web design and programming expertise, and it is suggested that if your desired web page falls outside the scope of your expertise, you should consult a professional designer. Web-Hostess does not provide techical support for design or programming. See our Customer Care section of our website for details on what we do and do not support. We strongly urge all members to review this document periodically, and consult our FAQ system regularly, since new questions and answers are posted there regularly. This agreement shall be governed by the Laws of the State of Pennsylvania. Any action in regard to this agreement or arising out of its terms and conditions shall be instituted and litigated in the State of Pennsylvania District Court for Luzerne County. Each of the parties consents to jurisdiction in such Court and agrees that service of process as provided by the statutes and rules of civil procedures of Pennsylvania shall be sufficient. This agreement constitutes the entire agreement between the parties hereto. Web-Hostess reserves the right to make changes, additions or deletions to these policies at any time without notification to customers, and the effective date of such changes will be such time that changes are posted to this website. Customer is encouraged to review these policies on a regular basis. Customer's continued use of the service following any change shall be deemed to be customer's acceptance of any such modifications. Note that Topic Headings are for incidental reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.and further, it is agreed that related material may appear throughout this document, or appended to the end, and therefore document must be taken in its entirety not by heading. Accordingly, such Headings shall not constitute a part of this Agreement when interpreting or enforcing this Agreement. |
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