Web Hosting Terms and Acceptable Use Policy
Use of Web Hosting Services. W3Now Web Design, Inc. is referred to as "W3Now".
The CUSTOMER agrees to the W3Now Web Service Agreement Terms and Conditions found at http://www.w3now.com/companyService.cfm.
The CUSTOMER agrees to maintain a secure password to the hosting account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers AND other characters, such as $, %, @, *, !, `, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. The CUSTOMER is solely responsible for changing its password as required to assure secure access to its account.
The CUSTOMER agrees to use the services provided by W3Now as permitted by applicable local, provincial, state, and federal laws. The CUSTOMER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libelous, or against any W3Now policy.
W3Now reserves the right to refuse service to any new or existing customers and refund the remaining balance on the account, if any.
The CUSTOMER is solely responsible for any legal liability arising out of, or relating to, his/her website at W3Now. The ACCOUNT HOLDER represents and warrants to W3Now that it holds the necessary rights to permit the use of any of the items on his/her website, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her website, will not -
violate or potentially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or
contain any material that is: unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. CUSTOMER agrees to indemnify and to hold W3Now , and any third party entities related to W3Now , harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:
The CUSTOMER's breach of any of the forgoing representations and warranties, or any other third party claim with respect thereto.
The CUSTOMER understands and agrees that hosting of the CUSTOMER's website is at the sole discretion of W3Now . W3Now may at its sole discretion discontinue website hosting service to any CUSTOMER operating a website that W3Now deems to be in violation of Section (1d.) of these Terms and Conditions.
W3Now accounts cannot be transferred or used by anyone other than the subscriber. CUSTOMERS may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement, unless the CUSTOMER has entered into a Reseller Agreement with W3Now .
CUSTOMER understands that all mail held on our servers that is greater than or equal to 30 days of age will periodically permanently removed from the server. This mail cannot be retrieved after removal.
Use of other organizations' networks or computing resources is subject to their respective permission and usage policy.
CUSTOMER will endeavour to prevent viruses from corrupting W3Now systems. W3Now may run anti-virus programs to minimize damages.
CUSTOMER is solely responsible for all backups of website content, databases, mail and all items related to the functionality of the CUSTOMER website.
CUSTOMER acknowledges that any recommendation by W3Now employees for services or products aucilliary to W3Now 's services are the recommendations of that employee and not of W3Now. W3Now does not warrant the integrity or quality of the service or product provided by such third parties.
W3Now reserves the right to place W3Now logo's, trademarks, copyrights, service marks, advertising, third-party advertising on ANY, and ALL, W3Now , W3Now licensed or third-party licensed W3Now services, websites and software including, but not limited to, http://www.W3Now .com website and affiliated websites, support services, reseller services, whois, email, control panels, and web based email clients.
Abuse of Services.
Any use of W3Now system resources that disrupts the normal use of the system for other W3Now customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, W3Now forbids the storage of illegal/pirated software (warez), the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes.
Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have his/her account suspended by W3Now Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with W3Now T echnical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of W3Now, and will require the payment of a $50US service reconnection charge. Spamming activities will result in immediate termination of services to CUSTOMER, without refund.
Unethical and criminal offenses are violations of W3Now conditions of use. You are expected to report to W3Now any information you may have concerning instances in which the conditions of use have been or are being violated. When W3Now becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, W3Now may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of W3Now, following payment of a reconnection charge $50US.
Abusive Conduct.
Any abuse towards any W3Now employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When corresponding with W3Now refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at W3Now or it's employees shall be considered a violation of this TOS.
Any threat, whether verbally, orally, written, or delivered by second parties directed towards W3Now or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this TOS, and your account will be immediately cancelled at no refund to you.
Any conduct viewed as violating this section shall be considered a violation of this TOS. W3Now will be the sole arbitrator in regards to what is deemed a violation.
No refunds shall be given when the contents of this section necessitates removal of the account.
In addition to this agreeemnt, the CUSTOMER also agrees to the W3Now Web Service Agreement Terms and Conditions found at http://www.w3now.com/companyService.cfm.
Updated 03/21/2006
|
