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Terms of Service
1. SERVICE AGREEMENT
2. USAGE POLICY
3. TRADEMARK ABUSE
4. DISPUTE RESOLUTION
Terms Of Service
1. SERVICE AGREEMENT
This Agreement ("Agreement") is between The Webs We Host, and the
customers of our services.
For good and valuable consideration,
the parties agree as follows:
1. SERVICES
Subject to the terms and conditions of this Agreement, The Webs We Host will provide to Customer the Web hosting
and/or related services described in the plan selected
by Customer from The Webs We Host then published list of
services offered from time to time ("Services").
The specific plan of Services to be provided initially
to Customer shall be as selected in the Order and
thereafter as established through correspondence
between Customer and The Webs We Host.
2. TERMS
The initial term of this Agreement shall be as stated
in the Order ("Initial Term"). The Initial Term shall
begin upon commencement of Service to Customer, provided,
however, no Service shall commence unless and until
The Webs We Host receives and accepts a completed Order
from Customer, plus payment in full for Services to be
rendered during the Initial Term and any setup charges
The Webs We Host reserves the right to reject any submitted
Order for any or no reason prior to written acceptance
thereof by The Webs We Host. After the Initial Term, unless
otherwise agreed to by the parties, this Agreement shall
automatically renew for successive terms of equal length
as the Initial Term unless terminated or canceled by
either party only as provided in Paragraph 9 below.
The Initial Term plus all successive renewal periods
during which Service is provided shall be collectively
referred to as the "Term."
3. FEES AND PAYMENT
All fees for Services rendered or provided to Customer
shall be in accordance with The Webs We Host pricelist then
in effect, the terms of which are incorporated herein
by reference. A pricelist setting forth The Webs We Host current
rates for Services is available on the website. The Webs We Host
may, with 30 days notice to Customer, amend the Services
and/or the rates and fees it charges for the Services.
Fees for renewal periods after the Initial Term shall be
due and owing immediately upon the first day of such
renewal period. Customer will receive an invoice by email for
the charges for the basic Services rendered or provided
by The Webs We Host for such renewal period, plus any additional
Services rendered or provided by The Webs We Host to Customer
for the preceding month of the Term, and any other charges
or fees then due hereunder. Payment in full of such invoiced
amount is due upon receipt of the invoice. Should payment
in full of any invoice not be received by The Webs We Host
within thirty (30) days after date of invoice, The Webs We Host
may impose a debt service charge equal to one and one-half
percent (1.5%) of the overdue balance (or such lesser amount
as may be required by law) for each month or fraction
thereof the overdue amount remains unpaid. In addition,
in the event that any amount due The Webs We Host remains unpaid
thirty (30) days after presentation of an invoice to
Customer, The Webs We Host, in its sole discretion, may immediately
terminate this Agreement, and/or withhold or suspend
Services. All taxes, fees and governmental charges relating
to the Services provided hereunder (other than income taxes
of The Webs We Host) shall be paid by Customer. No refunds will be
given if Customer applies for a .ltd.uk or .plc.uk domain without
giving the correct Company Registration number.
4. CONTENT AND CUSTOMER'S RESPONSIBILITY
The Webs We Host will exercise no control whatsoever over, nor have
any responsibility or liability whatsoever for, the content
of the information passing through its network. The Webs We Host
shall make no effort to validate any information passing
through its network for content, correctness, usability
or for any other reason.
5. NO WARRANTY
Customer agrees to use all The Webs We Host' Services and facilities,
and any information obtained through or from The Webs We Host, at
Customer's own risk. Customer acknowledges and understands
that neither The Webs We Host, nor any of its employees,
representatives, agents or the like, warrant that the
Services offered or provided hereunder will not be interrupted
or be error free, nor do they make any warranty or representation
as to the results that may be obtained from the use of the
Service or as to the accuracy, reliability or content of
any information service or merchandise contained in or
provided through the Service, unless otherwise expressly
stated in this Agreement. The Webs We Host specifically disclaims
all warranties of any kind, including, without limitation,
the warranty of merchantability and fitness for a particular
purpose, whether expressed or implied, for the Service it
is offering or providing hereunder.
6. PROHIBITED USES
Customer shall not use, nor permit the use by any person of,
Customer's Web space or any part thereof, including any links
to other Web space, in violation of The Webs We Host' "Usage Policy"
provided herewith.
7. LIMITED LIABILITY
Under no circumstances, including negligence, shall The Webs We Host,
its officers, agents or anyone else involved in creating,
producing or distributing the Service hereunder be liable to
Customer or any third party, for any claims, causes of action
or direct, indirect, incidental, special, or consequential,
trebled, or punitive damages, that result or have alleged to
have resulted from the use of or inability to use the Service;
or that results from mistakes, omissions, interruptions,
deletion of files, loss of data, errors, defects, delays in
operations, or transmission or any failure of performance,
whether or not limited to acts of God, communications failure,
theft, destruction or unauthorized access to The Webs We Host' records,
programs or services. The Webs We Host further shall have no
responsibility whatsoever to Customer or any third party for
the accuracy or quality of information obtained through or
in connection with its Services provided hereunder.
Notwithstanding the above, Customer's exclusive remedies
for all damages, losses, costs or causes of actions from
any and all claims, whether in contract, quasi-contract,
statutory, tort including negligence, or otherwise, shall
not exceed the aggregate amount which Customer paid during
the twelve (12) months immediately preceding the claim or
the term of this Agreement, whichever is less.
8. INDEMNIFICATION
Customer shall defend, indemnify, save and hold The Webs We Host
harmless from any and all damages, demands, liabilities,
losses, costs and claims, including, without limitation,
reasonable attorneys' fees, compensatory damages, punitive
damages, trebled damages, and statutory damages (hereinafter
"Liabilities") asserted against The Webs We Host, its agents,
its customers, servants, officers and employees, that may
arise or result from any service provided or performed or
agreed to be performed by Customer, its agents, employees
or assigns or any product distributed, offered or sold by
Customer, its agents, employees or assigns.
9. TERMINATION
This Agreement may be terminated: (i) by either party,
without cause, by giving the other party 30 days prior
written notice; (ii) by The Webs We Host, at any time, upon
20 days' prior notice if in the sole judgment of The Webs We Host,
Customer breaches any material provision of this Agreement
and has not cured same by the end of the 20 days; (iii)
by The Webs We Host in the event of nonpayment by Customer as
provided in Paragraph 3 above; and (iv) by The Webs We Host, at
any time, without notice, if, in The Webs We Host' sole judgment,
Customer is in violation of any terms or conditions of
The Webs We Host' Usage Policy. If domain name is transferred
or cancelled for any reason before the first twenty-four
months, a fee of fifty dollars will be charged in all
circumstances. The transfer or change of handle/tags
will not take place until payment has been received in full.
10. ADDITIONAL TERMS AND CONDITIONS
Customer hereby acknowledges that it has received and
reviewed a copy of The Webs We Host' "Usage Policy" provided
herewith and that the terms of the Usage Policy are
incorporated herein by reference. The Webs We Host reserves
the right to amend this Service Agreement and the Usage
Policy from time to time and Customer shall be bound by
any such amendments. Customer shall have the obligation to
periodically visit The Webs We Host' Web site to review its Usage
Policy and to make certain Customer is in full compliance
therewith. In the event of any inconsistencies
between this Agreement and the Usage Policy, the terms
of the Usage Policy shall govern.
11. NOTICE
All notices must be sent either in writing or by email,
except as otherwise expressly provided herein that a
notice must be in writing. All notices to The Webs We Host
shall be delivered to its address stated above or its
email address as provided. All notices to the Customer
shall be delivered to its mailing address or its email
address as provided on the Order. The parties may change
their respective address by notice delivered to the other
party. All notices delivered in writing must be sent
either by overnight courier or certified mail, return
receipt requested. Evidence of successful transmission
of all notices delivered by email must be retained by
the delivering party.
12. MISCELLANEOUS
This Agreement sets forth the entire agreement between
The Webs We Host and Customer with respect to the subject
matter hereof and supersedes all previous representations,
understandings or agreements and shall prevail
notwithstanding any variance with terms and conditions of
any other prior writing between the parties. If any
provision of this Agreement is held to be invalid by a
court of competent jurisdiction, then the remaining
provisions shall nevertheless continue in full force
and effect. Customer may not transfer or assign this
Agreement without The Webs We Host' prior written consent.
This Agreement shall be governed by the laws of England
and all claims concerning this Agreement shall be
brought exclusively in English courts located in England.
The parties hereby consent to submit to the jurisdiction
of such courts and waive any personal jurisdiction or
venue defenses concerning said forum.
The Customer is deemed to have agreed to this Agreement,
when commencing use of any of The Webs We Host's services.
USAGE POLICY
The The Webs We Host Usage Policy has been developed
with the following objectives:
Ensure security, reliability and privacy of
The Webs We Host' systems and network, and the
networks and systems of others. Maintain the
image and reputation of The Webs We Host as a
responsible provider. Preserve the value of
Internet resources as a conduit for free
expression. Encourage the responsible use
of net resources and discourage practices
which degrade the usability of network
resources and thus the value of Internet
services. Avoid situations that may cause
The Webs We Host to incur civil liability. Preserve
the privacy and security of individual users.
We expect our Customers to use the Internet
with courtesy and responsibility and to be
familiar with and to practice good Internet
etiquette. By adhering to the following
policies, our Customers are protecting the
rights and privileges of all Internet users.
VIOLATION OF ANY OF THE FOLLOWING POLICIES
IS STRICTLY PROHIBITED AND WILL RESULT IN
IMMEDICATE TERMINATION OF ALL ACCOUNTS.
General Conduct
1. Customers are prohibited from transmitting
on or through any of The Webs We Host' services, any
material that is, in The Webs We Host' sole discretion,
unlawful, threatening, abusive, libelous, or
encourages conduct that would constitute a
criminal offense, give rise to civil liability,
or otherwise violate any local, state, national
or international law, statute or regulation.
2. The Webs We Host' services may only be used for
lawful purposes. Transmission, distribution,
or storage of any information, data or material
in violation of UK regulation or law is prohibited.
This includes, but is not limited to, material
protected by copyright, trademark, trade secret,
or any other statute. The Webs We Host reserves the right
to remove such illegal material from its servers.
3. Customers may not engage in tortious conduct
including, but not limited to, posting of
defamatory, scandalous, or private information
about a person without their consent, intentionally
inflicting emotional distress, or making physical
threats against another person via email, news, or
any other electronic media/service we provide.
4. The Customer is responsible for providing and
maintaining accurate and up-to-date billing
information. Furnishing false data on the signup
form, contract, or online application, including
fraudulent use of credit card numbers, is grounds
for immediate termination, and may subject the
offender to civil or criminal liability.
System and Network Usage
Security
1. Customers may not attempt to circumvent user
authentication or security of any host, network,
or account ("cracking"). This includes, but is
not limited to, accessing data not intended for
the Customer, logging into a server or account
the Customer is not expressly authorized to
access, or probing the security of other networks.
2. Customers may not attempt to interfere with
service to any user, host, or network ("denial
of service attacks"). This includes, but is not
limited to, "flooding" of networks, deliberate
attempts to overload a service, and attempts
to "crash" a host.
3. Customers may not use any kind of
program/script/command, or send messages of
any kind, designed to interfere with a user's
terminal session, via any means, locally or by
the Internet.
4. Customers must safeguard their account
passwords to prevent unauthorized access to
their account.
5. Users who violate systems or network security
may incur criminal or civil liability. The Webs We Host
will cooperate fully with investigations of
violations of systems or network security at
other sites, including cooperating with law
enforcement authorities in the investigation of
suspected criminal violations.
6. The Webs We Host Reserves the right to access servers/accounts
within their network if they believe the terms
and conditions of use are not being followed.
See: THE WEBS WE HOST SERVER ACCESS REGULATIONS
Email
1. Harassment, whether through language, frequency,
or size of messages, is prohibited.
2. Customers may not send email to any person
who does not wish to receive it. If a recipient
asks to stop receiving email, the Customer must
not send that person any further email.
3. Customers are explicitly prohibited from sending
unsolicited bulk mail messages ("junk mail" or "spam").
This includes, but is not limited to, bulk-mailing
of commercial advertising, informational announcements,
and political tracts. Such material may only be sent
to those who have explicitly requested it.
4. Customers may not forward or otherwise propagate
chain letters, whether or not the recipient wishes
to receive such mailings.
5. Malicious email, including but not limited to
"mail bombing" (flooding a user or site with very
large or numerous pieces of email) and "trolling"
(posting outrageous messages to generate numerous
responses) is prohibited.
6. Forging of header or any other information
is not permitted.
7. Subscribing someone else to a mail list or
removing someone else from a mail list without
that person's permission is prohibited.
8. The Webs We Host accounts or services may not be used
to collect replies to messages sent from another
Internet Service Provider, where those messages
violate this Usage Policy or the usage policy of
that other provider.
9. These rules apply to other types of Internet-based
distribution mediums as well. USENET postings have
their own regulations; see below.
USENET (News)
1. The Webs We Host is not responsible for the content
of any USENET posting, whether or not the posting
was made by a The Webs We Host Customer.
2. Postings to USENET newsgroups must comply with
the written charters or FAQs for those newsgroups.
Advertisements should only be posted in those
newsgroups whose charters/FAQs explicitly permit
them. The poster is responsible for determining
the etiquette of a given newsgroup, prior to posting to it.
3. Customers are prohibited from posting the same
or similar message to large numbers of newsgroups
(excessive cross-posting or multiple-posting,
also known as "USENET spam").
4. Customers are prohibited from posting binary
files to newsgroups not specifically named for that purpose.
5. Customers are prohibited from canceling or
superseding posts other than their own, with the
exception of official newsgroup moderators
performing their duties.
6. Customers are prohibited from forging header
information. This includes attempting to circumvent
the approval process for posting to a moderated newsgroup.
7. A customer may not solicit mail for any other
address, other than that of the Customer's The Webs We Host
account or service, with the intent to harass or
collect replies after The Webs We Host' service has
been terminated.
IRC (Internet Relay Chat)
1. The Webs We Host is not liable for the content of
any communications made on IRC.
2. Customers may not attempt to impersonate
others or use IRC anonymously by disguising
their hostname or username.
3. Customers are prohibited from using IRC
scripts or programs that interfere with or deny
service to other users on any server or host.
Customers are also prohibited from engaging in
activities which harass other users. This includes,
but is not limited to, "flooding" (rapidly entering
text with the intent to fill the screens of others),
"flashing" (disrupting terminal emulation),
"takeovers" (forcibly seizing operator privileges),
attempting to send private messages to those who do
not wish to see them (via "ignore"), attempting to
return to a channel after being banned from it, and
other disruptive behaviors.
General Uses
1. Customers may not permit the use of mail services,
mail forwarding capabilities, POP accounts, or
autoresponders other than for the Customer's own account.
2. Customers may not employ posts or programs that
consume excessive CPU time or storage space. The Webs We Host
reserves the right to kill off CPTU intensive process.
Material and Product Requirements
1. Customers must ensure that all material and data
placed on The Webs We Host' equipment is in a condition that
is "server-ready," which is in a form requiring no
additional manipulation on The Webs We Host' part. We shall
make no effort to validate this information for content,
correctness or usability. In the event that the Customer's
material is not "server-ready", we have the option at
any time to reject this material. The Webs We Host will notify
the Customer immediately of its refusal of the material
and afford the Customer the opportunity to amend or
modify the material to satisfy the needs and/or
requirements of The Webs We Host.
2. Use of The Webs We Host' service requires a certain level
of knowledge in the use of Internet languages,
protocols, and software. This level of knowledge
varies depending on the anticipated use and desired
content of the Customer's Web space. Customers must
have the necessary knowledge to create and maintain
a Web space. It is not the responsibility of The Webs We Host
to provide this knowledge or customer support outside
of the service defined in the Service Agreement.
Privacy
1. The Webs We Host will not sell or knowingly disclose its
customer lists or customer email or listserv address lists.
We will attempt to protect the privacy of our Customers
and their information that is stored on our network.
The Webs We Host will only access and disclose information as
necessary to comply with applicable laws and government
requests, to operate and maintain our systems and
services, or to protect ourselves or our Customers.
2. The Webs We Host will not monitor or disclose a Customer's
private email messages unless required by court order
or law. We will cooperate with the authorities and will
notify such authorities if it suspects that a Customer
is engaged in illegal activities.
THE USAGE POLICY DEFINES THE ACTIONS WHICH The WEBS WE HOST
CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY PROHIBITED.
THE EXAMPLES SET FORTH IN THIS POLICY ARE NON-EXCLUSIVE,
AND ARE PROVIDED SOLELY FOR GUIDANCE TO THE WEBS WE HOSTS' CUSTOMERS.
If you are unsure whether any contemplated use or activity is
prohibited, please use our online forms and we will
assist you. Please note that the activities set forth above
are also not permitted from other Internet Service Providers
on behalf of, or to advertise, any service hosted by The Webs We Host,
or connected via our network. Furthermore, such services
may not be advertised via deceptive marketing policies.
The Webs We Host must further limit any exceptions made to the
Usage Policy as secondary in regards to server and network
security, performance and integrity. Any user, regardless
of exception status, may have his or her service disabled
if it is interfering with our servers or network.
Specific questions about this policy should be filled out on
our online forms. Reports of activity in violation of this
policy may be sent via registered post to our head office.
3. TRADEMARK ABUSE
Before you sign up for any domain name with
us, you must explicitly assert that to your knowledge
you are not abusing any trademark or other
statutes. If in doubt, seek legal advice.
4. DISPUTE RESOLUTION
The Webs We Host is not part of a dispute between a
trademark owner and a Registrant. We cannot
arbitrate between two disputing parties. Procedures
for disputes are already in place, please jump to these pages.
Network
Solution Dispute Resolution (.com .net .org)
Nominet Dispute Resolution
UK - Patent Office
US - Patent Office
Privacy Policy
The Webs We Host knows
that you care how information about you is used and shared, and we appreciate
your trust that we will do so carefully and sensibly. This notice describes our
privacy policy.
By visiting The Webs We Host,
you are accepting the practices described in this Privacy Notice.
What Personal Information About Customers Does The Webs We Host gather?
The information we learn from customers helps us personalize and continually
improve your experience at The Webs We Host. Here are the types of information
we gather.
Information You Give Us:
We receive and store any
information you enter on our Web site or give us in any other way. You can
choose not to provide certain information, but then you might not be able to
take advantage of many of our features. We use the information that you provide
for such purposes as responding to your requests, customizing future shopping
for you, improving our services, and communicating with you.
Automatic Information:
We receive and store certain
types of information whenever you interact with us. For example, like many Web
sites, we use "cookies," and we obtain certain types of information when your
Web browser accesses The Webs We Host. Although we will not be able to provide
you with a personalized experience at The Webs We Host if we cannot recognize
you, we want you to be aware that you can “turn off” accepting cookies in your
Web browser.
E-mail
Communications: To
help us make e-mails more useful and interesting, we often receive a
confirmation when you open e-mail from The Webs We Host if your computer
supports such capabilities. We also compare our customer list to lists received
from other companies, in an effort to avoid sending unnecessary messages to our
customers. If you do not want to receive e-mail or other mail from us, please
notify us at
The Webs We Host.
Information from Other Sources:
For reasons such
as improving personalization of our service (for example, providing better
product recommendations or special offers that we think will interest you), we
might receive information about you from other sources and add it to our account
information. We also sometimes receive updated delivery and address information
from our shippers or other sources so that we can correct our records and
deliver your next purchase or communication more easily.
What
About Cookies?
Cookies are alphanumeric identifiers that we transfer to your computer's hard
drive through your Web browser to enable our systems to recognize your browser
and to provide shopping features and storage of items in your Shopping Cart
between visits.
The "help" portion of the
toolbar on most browsers will tell you how to prevent your browser from
accepting new cookies, how to have the browser notify you when you receive a new
cookie, or how to disable cookies altogether. However, cookies allow you to take
full advantage of some of The Webs We Host's coolest features, and we recommend
that you leave them turned on.
Does
The Webs We Host share the information It Receives?
Information about our customers is an important part of our business, and we are
not in the business of selling it to others. We share customer information only
with the subsidiaries The Webs We Host controls and as described below.
Affiliated Businesses We Do Not Control:
We work closely with our affiliated businesses. In some cases, these businesses
operate stores at The Webs We Host or sell offerings to you at The Webs We Host.
In other cases, we operate stores, provide services, or sell product lines
jointly with these businesses. You can tell when another business is involved in
your transactions, and we share customer information related to those
transactions with that business.
Agents:
We employ other companies and individuals to perform functions on our behalf.
Examples include fulfilling orders, delivering packages, sending postal mail and
e-mail, removing repetitive information from customer lists, analyzing data,
providing marketing assistance, processing credit card payments, and providing
customer service. They have access to personal information needed to perform
their functions, but may not use it for other purposes.
Promotional Offers: Sometimes we send offers to selected groups of
The Webs We Host customers on behalf of other businesses. When we do this, we do
not give that business your name and address. If you do not want to receive such
offers, please notify us at
The Webs We Host.
Business Transfers: As we continue to
develop our business, we might sell or buy stores or assets. In such
transactions, customer information generally is one of the transferred business
assets. Also, in the unlikely event that The Webs We Host, or
substantially all of its assets are acquired, customer information will of
course be one of the transferred assets.
Protection of The Webs We Host and Others:
We release account and other personal information when we believe release is
appropriate to comply with law; enforce or apply our Terms and Conditions and
other agreements; or protect the rights, property, or safety of The Webs We
Host, our users, or others. This includes exchanging information with other
companies and organizations for fraud protection and credit risk reduction.
With
Your Consent:
Other than as set out above, you will receive notice when information about you
might go to third parties, and you will have an opportunity to choose not to
share the information.
How
Secure Is Information About Me?
We work to protect the security of your information during transmission by using
Secure Sockets Layer (SSL) software, which encrypts information you input.
We reveal only the last five digits of your credit card numbers when confirming
an order. Of course, we transmit the entire credit card number to the
appropriate credit card company during order processing.
It is important for you to protect against unauthorized access to your password
and to your computer. Be sure to sign off when finished using a shared computer.
What
Information Can I Access?
Upon request, The Webs We Host will provide a summary of any personal
information retained by The Webs We Host. The Webs We Host will only send
personal records the email address on file for the visitor name associated with
it. Visitors may modify, correct, change, or remove their personal record from
The Webs We Host’s database.
What
Choices Do I Have?
As discussed above, you can always choose not to provide information, even
though it might be needed to make a purchase or to take advantage of The Webs We
Host's features.
You can add or update certain information on pages. When you update information,
we usually keep a copy of the prior version for our records.
If you do not want to receive e-mail or other mail from us, please notify us at
The Webs We Host. (If
you do not want to receive legal notices from us, such as this Privacy Notice,
those notices will still govern your use of The Webs We Host, and it is your
responsibility to review them for changes.)
The "help" portion of the toolbar on most browsers will tell you how to prevent
your browser from accepting new cookies, how to have the browser notify you when
you receive a new cookie, or how to disable cookies altogether. However, you may
not be able to use some important features of The Webs We Host.
The Federal Trade Commission provides useful information about online privacy on
its own Web site,
Site Seeing on the Internet.
Children
The Webs We Host does not sell products for purchase by children. We sell
children's products for purchase by adults. If you are under 18, you may use The
Webs We Host only with involvement of a parent or guardian.
Conditions of Use, Notices, and Revisions
If you choose to visit The Webs We Host, your visit and any dispute over privacy
is subject to this Notice and our Terms and Conditions, including limitations on
damages, arbitration of disputes, and application of any state law. If you have
any concern about privacy at The Webs We Host, please send us a thorough
description to
The Webs We
Host, and we will try to resolve it. Our business changes constantly. This
Notice and the Terms and Conditions will change also, and use of information
that we gather now is subject to the Privacy Notice in effect at the time of
use. We may e-mail periodic reminders of our notices and conditions, unless you
have instructed us not to, but you should check our Web site frequently to see
recent changes.
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