Wbws.net ("The Company") agrees to furnish services to the Subscriber, subject
to the following TOS (Terms of Service).
Use of Wbws Service constitutes acceptance and agreement to Wbws's AUP
as well as Wbws's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Wbws,
Inc. and AUP (Acceptable Use Policy). The AUP
may be changed from time to time at the discretion of the Company. Subscriber
understands that change to the AUP by the Company shall not be grounds for early
contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws
of the state of Texas, county of Harris applicable to contracts enforceable in
that state. Venue will be Harris County, Texas
- Disclosure to Law
Enforcement: The AUP specifically prohibits the
use of our service for illegal activities. Therefore, Subscriber agrees that
the Company may disclose any and all subscriber information including assigned
IP numbers, account history, account use, etc. to any law enforcement agent
who makes a written request without further consent or notification to the
Subscriber. In addition Wbws shall have the right to terminate all service
set forth in this Agreement.
- Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial
rates and charges have been communicated to Subscriber. Subscriber is aware
that the Company may prospectively change the specified rates and charges
from time to time. The promotional offer is contingent upon Company achieving
and maintaining its cost of service goals including but not limited to rates
charged to company by its suppliers.
- Payment: Establishment
of this service is dependent upon receipt by the Company of payment of stated
charges. Subsequent payments are due on the anniversary date of the month
for that month's service.
- Payments and Fees:
Service will be interrupted on accounts that reach 30 days past due. Service
interrupted for nonpayment is subject to a $10 reconnect charge. Accounts
that are not collectable by Wbws may be turned over to an outside collection
agency for collection. If your account is turned over for collection, you
agree to pay the company a "Processing and Collection" Fee of not less than
$50 nor more than $150. If you desire to cancel your account, please follow
the proper procedure to do this as outlined in this TOS.
- Refund and Disputes:
All payments to Wbws are nonrefundable with the exception of our 30 day Money
Back Guarantee on hosting services. All overcharges or billing disputes must
be reported within 60 days of the time the dispute occurred. If you dispute
a charge to your credit card issuer that, in Wbws's sole discretion is a valid
charge under the provisions of the TOS and /or AUP, you agree to pay Wbws
an "Administrative Fee" of not less than $50 and not more than $150.
- Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon
the failure of Subscriber to pay charges when due. Such termination or denial
will not relieve Subscriber of responsibility for the payment of all accrued
charges, plus reasonable interest and any collection fees.
- Account Cancellation:
All requests for canceling accounts must be send to sales@wbws.net. Accounts
will be cancelled within 48 hours after receiving the request regardless if
the current payment period has ended by then.
- Subscriber acknowledges
that the service provided is of such a nature that service can be interrupted
for many reasons other than the negligence of the company and that damages
resulting from any interruption of service are difficult to ascertain. Therefore,
subscriber agrees that the company shall not be liable for any damages arising
from such causes beyond the direct and exclusive control of the company. Subscriber
further acknowledges that the company's liability for its own negligence may
not in any event exceed an amount equivalent to charges payable by subscriber
for services during the period damages occurred. In no event shall the company
be liable for any special or consequential damages, loss or injury.
- New Domain Accounts:
All new webhosting accounts involving new domains will be set up and entered
into our DNS servers within 1 business day. Due to unforeseen complications,
however, this process may sometimes require up to 7 business days.
- Voided
- Support Boundaries:
Wbws, provides only email support to our subscribers. We limit our technical
support to our area of expertise. The following is our guidelines when providing
support: Wbws provides support related to your virtual site physical functioning.
Wbws does not offer tech support for application specific issues such as cgi
programming, html or any other such issue. Wbws does not provide technical
support for YOUR customers. If you can email, we encourage you to email sales@wbws.net
for assistance. Also, the Help files in the program you are using may have
the answer to your question so please do investigate these resources before
calling on tech support.
- SPAM and Unsolicited
Commercial Email (UCE): Wbws takes a zero tolerance approach to the sending
of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply
this means that customers of Wbws may not use or permit others to use our
network to transact in UCE. Customers of Wbws may not host, or permit hosting
of, sites or information that is advertised by UCE from other networks. Violations
of this policy carry severe penalties, including termination of service.
- Violation of Wbws's
SPAM policy will result in severe penalties. Upon notification of an alleged
violation of our SPAM policy, Wbws will initiate an immediate investigation
(within 48 hours of notification). During the investigation, Wbws may
restrict customer access to the network to prevent further violations.
If a customer is found to be in violation of our SPAM policy, Wbws may,
at its sole discretion, restrict, suspend or terminate customer's account.
Further, Wbws reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy violation.
Wbws will notify law enforcement officials if the violation is believed
to be a criminal offense.
- BEGINNING IMMEDIATELY, anyone hosting websites or services on our servers that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their website immediately removed from our servers. This includes email that was not send through our mail servers but DID promote a site that is on one of our servers. PLEASE, DO NOT SPAM from your account
- As our Customers
are ultimately responsible for the actions of their clients over the Wbws
network, it is advisable that Customers develop a similar, or stricter,
policy for their clients.
- Network
- IP Address Ownership:
If Wbws assigns Customer an Internet Protocol address for Customer's use,
the right to use that Internet Protocol address shall belong only to Wbws,
and Customer shall have no right to use that Internet Protocol address
except as permitted by Wbws in its sole discretion in connection with
the Services, during the term of this Agreement. Wbws shall maintain and
control ownership of all Internet Protocol numbers and addresses that
may be assigned to Customer by Wbws, and Wbws reserves the right to change
or remove any and all such Internet Protocol numbers and addresses, in
its sole and absolute discretion.
- Bandwidth and
Disk Usage: Customer agrees that bandwidth and disk usage shall not
exceed the number of megabytes per month for the Services ordered by Customer
on the Order Form (the "Agreed Usage"). Wbws will monitor Customer's bandwidth
and disk usage. Wbws shall have the right to take corrective action if
Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional charges, disconnection
or discontinuance of any and all Services, or termination of this Agreement,
which actions may be taken is in Wbws's sole and absolute discretion.
If Wbws takes any corrective action under this section, Customer shall
not be entitled to a refund of any fees paid in advance prior to such
action.
- System and Network
Security: Users are prohibited from violating or attempting to violate
the security of the Wbws Network. Violations of system or network security
may result in civil or criminal liability. Wbws will investigate occurrences,
which may involve such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting Users who are involved in such
violations. These violations include, without limitation:
- Accessing data
not intended for such User or logging into a server or account, which
such User is not authorized to access.
- Attempting to
probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization.
- Attempting to
interfere with service to any user, host or network, including, without
limitation, via means of overloading, "flooding", "mail bombing" or
"crashing".
- Forging any TCP/IP
packet header or any part of the header information in any e-mail
or newsgroup posting.
- Taking any action
in order to obtain services to which such User is not entitled.
- Notification of Violation:
- Wbws is under no
duty to look at each customer's or user's activities to determine if a
violation of the AUP has occurred, nor do we assume
any responsibility through our AUP to monitor or police Internet-related
activities.
- First violation:
Any User, which Wbws determines to have violated any element of this Acceptable
Use Policy, shall receive an email, warning them of the violation.
The service may be subject at Wbws's discretion to a temporary suspension
pending a User's agreement in writing, to refrain from any further violations.
- Second Violation:
Users that Wbws determines to have committed a second violation of any
element of this Acceptable Use Policy shall be subject to immediate suspension
or termination of service without further notice.
- We reserve the right,
to drop the section of IP space involved in Spam or Denial-of-Service
complaints if it is clear that the offending activity is causing great
harm to parties on the Internet. In particular, if open relays are on
your network or a customer's network, or if denial of service attacks
are originating from your network. In certain rare cases, we may have
to do this before attempting to contact you. If we do this, we will contact
you as soon as is feasible.
- Suspension of Service
or Cancellation: Wbws reserves the right to suspend network access to
any customer if in the judgment of the Wbws network administrators the customer's
server is the source or target of the violation of any of the other terms
of the AUP or for any other reason which Wbws chooses.
If inappropriate activity is detected, all accounts of the Customer in question
will be deactivated until an investigation is complete. Prior notification
to the Customer is not assured. In extreme cases, law enforcement will be
contacted regarding the activity. The customer will not be credited for the
time the customer's machines were suspended.
- Wbws reserves the right
to amend its policies at any time. All Sub-Networks, resellers and managed
servers of Wbws must adhere to the above policies. Failure to follow any term
or condition will be grounds for immediate Cancellation. You will be held
responsible for the actions of your clients in the matter described on these
Terms and conditions. Therefore, it is in your best interest to implement
a similar or stricter Terms and conditions or otherwise called Acceptable
Terms of use policy.
- Indemnification:
Wbws wishes to emphasize that in agreeing to the Wbws Acceptable
Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Wbws
for any violation of the Acceptable Use Policy (AUP)
and Terms of Service (ToS) that results in loss to Wbws or the bringing of
any claim against Wbws by any third-party. This means that if Wbws is sued
because of a customer's or a customer of a customer's activity, the customer
will pay any damages awarded against Wbws, plus all costs and attorney's fees.
- Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you.
E-mail, fax, and telephone contacts are used, in that order of preference.
- A waiver by the Company
of any breach of any provision of this Agreement by Subscriber shall not
operate as or be construed as a continuing or subsequent waiver thereof
or as a waiver of any breach of any other provision thereof.
- Subscriber shall
not transfer or assign this Agreement without the prior written consent
of the Company. Company may assign Agreement at anytime without consent
from or notice to Subscriber. Company reserves right to cancel customers
rights under this contract at anytime without further obligation.
- Wbws takes no responsibility
for any material input by others and not posted to the Wbws Network by
Wbws. Wbws is not responsible for the content of any other websites linked
to the Wbws Network; links are provided as Internet navigation tools only.
Wbws disclaims any responsibility for any such inappropriate use and any
liability to any person or party for any other person or party's violation
of this policy.
- Wbws is not responsible
for any damages your business may suffer. Wbws does not make implied or
written warranties for any of our services. Wbws denies any warranty or
merchantability for a specific purpose. This includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and all service interruptions
caused by Wbws.
- Wbws reservers the right to send out periodic emails with information to all our customers.
This information will not contain advertisement for third parties but will only contain information
about Wbws and Wbws activity
- IRC Servers: Wbws
subscribers are not permitted to run IRC servers on the Wbws Servers.
- Gambling: Online
casino's or links to Online casino's are not permitted on the Wbws Servers
- Adult Content:
- Wbws allows most forms of legal adult content.
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