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All Web-Net customers must abide by the following Terms and Conditions of service:
WEB HOSTING SERVICE AGREEMENT 12/2003
This Web Hosting Agreement (this "Agreement") sets forth the terms and conditions of your use of Web-Net, a reseller for Interservers Media ("Web-Net") for web hosting services. You
certify that you are at least 18 years of age. To become a Web-Net account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the Online Order
forms and any policies that are or may be published by Web-Net. This Agreement will become effective when accepted by Web-Net. Web-Net may modify the terms and conditions of this Agreement or the prices
of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services.
1. Scope of Services and Your Obligations
1.1. This Agreement defines the terms and conditions of Web-Net’s services as offered by Web-Net and used by you, including the provision of web hosting services on Web-Net’s servers and connectivity to
the Internet (the "Services"). Web-Net will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and
conditions of this Agreement. In performing the Services, Web-Net maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and
reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.
1.2. As part of the Services, Web-Net will also provide your own web-based control panel (the "Control Panel") containing links to your payment history, summaries of the Services you have
chosen, newsletters and other current information.
1.3. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Upload Materials") to your website, and you hereby
warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that
all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You
assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages). Use of the Services requires a certain level of knowledge in
the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website, and includes, but is not limited to, the following: web
publishing requires knowledge of HTML, properly locating and linking documents, FTPing web contents, graphics, text, sound, image mapping, etc.; FrontPage web publishing requires knowledge of the
FrontPage tools as well as Telnet and FTP understanding and capability; CGI-scripts requires knowledge of the UNIX environment, tar & gunzip commands, Perl, CShell scripts, permissions, etc.; and
mail requires knowledge of use of mail clients to receive and send mail, etc. You acknowledge that you have the necessary knowledge to create, modify and maintain your website. Web-Net assumes no
responsibility to provide you with such knowledge.
1.4. In connection with the Services, Web-Net may provide for your use certain tools and software, including, but not limited to, certain specialty scripting software and/or certain programming language
software for designing websites (collectively, the "Tools"). Access to these Tools may be accessed via your Control Panel. These Tools are copyrighted and proprietary property owned by Web-Net.
To the extent that such Tools are provided to you, you are granted a nonexclusive, nontransferable license to use the Tools in object-code form only for your internal use, solely in connection with the
Services provided under this Agreement.
1.6. For server restoration purposes only, Web-Net makes full back-ups of websites weekly, and backups of new/changed data nightly; however, Web-Net makes no guarantees of any kind, either expressed or
implied, as to the integrity of these back-ups. You are responsible to maintain local copies of your website. If loss of data occurs due to an error of Web-Net, Web-Net will attempt to recover the data
for no charge. Otherwise, Web-Net will attempt to recover the data from the most recent archive for a $50 fee.
1.7. Web-Net reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate
its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. Web-Net will fully cooperate with law enforcement authorities in investigating
suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not Web-Net’s intention that its Services or facilities be used in
contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.
1.8. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that Web-Net is a "service provider" under the DMCA and
is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, Web-Net will accommodate standard technical measures used to identify and protect copyrighted
works, and, as further described herein, Web-Net has a policy of terminating accountholders who are repeat copyright infringers.
1.9. Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on Web-Net’s
servers nor the links to other websites are screened, approved, reviewed or endorsed by Web-Net. Web-Net is not a publisher of any of the content of websites, or of any content that may be available
through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not
Web-Net’s statements of advice, opinion or information.
2. Limited Warranty; Limitation of Liability; Indemnification
2.1. Limited Warranty. You acknowledge that the Services are provided "as is." Neither Web-Net, nor any of its employees or agents, warrants that the Services will be uninterrupted, error free
or free from viruses or other harmful components. Web-Net is not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data
and/or completeness, noninfringement, merchantability or fitness for a particular purpose of information available on its SERVERS or residing on or passing through its interconnecting networks. Use of
information obtained from or through the Services is at your risk. Under no circumstances will Web-Net be liable to you or any other person for any loss or damage caused by your reliance on information
available on its servers or obtained through the Services.
2.2. Limitation of Liability. IN NO EVENT SHALL Web-Net BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO
CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Web-Net’s SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Web-Net’s
SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Web-Net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Web-Net’s
MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Web-Net FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, Web-Net’s LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
2.3. Indemnification. You agree to indemnify, defend and hold Web-Net and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs,
including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or
from your placement or transmission of any materials or content onto Web-Net’s servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your
business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii)
spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Web-Net’s equipment or to any
other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your
activities related to the Services, unless such injury or property damage is caused solely by Web-Net’s gross negligence or willful misconduct; and (d) any other damage arising from your equipment or
your business.
3. Payment of Fees
3.1. Web-Net may change fees with out notice at any time.
3.2. You agree to provide Web-Net with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and applicable payment date and to update this
information immediately if any change occurs. You must secure your account with a valid credit card. Payments must be submitted in advance of receiving the Services.
3.3. You acknowledge that Web-Net will bill your credit card prior to the Payment Interval you have chosen. You authorize automatic billing by Web-Net on an on-going basis during the term of this
Agreement.
3.4. Delinquent accounts are those that remain unpaid at the beginning of the next Payment Interval. The Services will be suspended if your account is delinquent, and Web-Net will insert a message at your
website indicating your suspension that visitors to your website will see. Notwithstanding any other rights Web-Net may have in this Agreement, all of your website contents will be destroyed if your
account is delinquent for 60 days. Web-Net accounts continue to accrue charges while they are delinquent or if the Services are suspended.
3.5. You acknowledge responsibility for your account until payment in full is made.
4. Acceptable Uses
4.1. Use and Misuse of the Services. All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated promptly. If you are not sure if
your actions will be an abuse, violation or misuse, please ask first: webnet@web-net.us.
You are responsible for all use of your website, with or without your knowledge or consent.
You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a
computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene
material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to
individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the
Economic Espionage Act. Linking to illegal material is also prohibited.
When Web-Net becomes aware of possible violations of this Agreement, Web-Net may initiate an investigation that may include gathering information from you and the complaining party, if any, and
examination of material on Web-Net’s servers. Web-Net, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement
could subject you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD Web-Net HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY Web-Net AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR
AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM Web-Net AS A RESULT OF Web-Net’s DECISION TO REMOVE
MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF Web-Net’s CONCLUSION THAT A VIOLATION
HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
4.2. Use and Misuse of Materials. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public
domain. You assume all risks regarding the determination of whether the material is in the public domain.
You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child
pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not
acceptable uses of Web-Net’s servers. You may not post, upload or otherwise distribute copyrighted material on Web-Net’s servers without the consent of the copyright holder.
Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption
or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host,
network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information;
denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.
Web-Net supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities
include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party
computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, Web-Net will not substitute itself for a court of law in deciding tort claims raised by
the third party.
4.3. Email Use. Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no
existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that
does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by Web-Net by spamming from some other source); trolling (posting controversial
messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume
of outgoing mail than a normal user (over 10% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A
message considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not
constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to
distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated.
You should not send email to any user who does not wish to receive it, either at Web-Net or elsewhere. Web-Net recognizes that email is an informal medium; however, you must refrain from sending further
email to a user after receiving a request to stop.
You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. Web-Net may disclose the usernames of accounts responsible for forged
email messages to system administrators or users requesting the information.
Violations of the Web-Net policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that Web-Net resources are affected, Web-Net staff may shut down
your mailbox.
4.4. System Security. You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at Web-Net or at any other site. Use or distribution of tools
designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing
tools.
If you are involved in violations of system security, Web-Net reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist
them in resolving security incidents. Web-Net will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
4.5. System Resources. System abuse includes any use of Web-Net resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of
processes or consuming excessive amounts of CPU time, memory or disk space.
Any usage of 10% or more of Web-Net’s system resources is an undue burden on Web-Net’s system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated
immediately and without prior notice.
Further, running programs in the background on a Web-Net server without Web-Net’s prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more then 1,000 emails a day and the
like are not acceptable uses of Web-Net’s servers.
5. Web-Net’s Right to Terminate Agreement
(a) Web-Net reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct
that Web-Net, in its sole discretion, believes violates this Agreement or is otherwise harmful to Web-Net’s interests or the interests of other accountholders. (b) Web-Net also reserves the right to
comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to your website)
if any third-party claim is made that your website content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.
6. Cancellation of Accounts
6.1. You may cancel your Web-Net account by calling Customer Service. Charges for canceling accounts are not prorated on a monthly basis.
6.2. All Web-Net accounts must be paid in full before the cancellation will be considered complete.
6.3. If your account is suspended or terminated for any reason permitted by this Agreement, Web-Net may, at its sole discretion, permanently delete your website contents from Web-Net servers, and Web-Net
will not be able to reopen or restore such content.
7. Arbitration; Governing Law
7.1. Except for Web-Net’s compliance with take-down provisions of the DMCA or injunctive or other equitable actions initiated by Web-Net pursuant to Section 5(b), if any controversy or dispute arises in
connection with this Agreement, the Services or your use of Web-Net’s servers, such controversy or dispute shall first be presented for resolution by Web-Net and you. If no resolution is reached within 7
days thereafter, then such controversy or dispute shall be resolved by binding arbitration in Pittsburgh, Pennsylvania, under the then-current rules of commercial arbitration of the American Arbitration
Association. Each party shall select an arbitrator with expertise in computer law and the Internet, and these two arbitrators shall select the third arbitrator with such expertise. The validity, terms,
performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Pennsylvania (without regard to conflicts of laws
principles).
7.2 You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Pittsburgh, Pennsylvania, for any action, suit or proceeding
arising out of or relating to Section 5(b) of this Agreement and the arbitration contemplated by this Section 7.
8. Miscellaneous
You may not assign your rights and obligations under this Agreement without the prior written consent of Web-Net, which may be withheld at Web-Net’s discretion. Nothing contained in this Agreement shall
be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Web-Net to require your performance of any provision hereof shall not affect the
right to require such performance thereafter; nor shall the waiver by Web-Net of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising
under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is
earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be
amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No
provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by Web-Net. All terms and conditions of this Agreement that should by
their nature survive termination of this Agreement shall so survive. This Agreement and the Online Order form, together with all amendments or modifications to any of them, constitute the complete and
exclusive agreement between you and Web-Net and supersede and govern all prior proposals, agreements, or other communications.
Web-Net has a responsibility to ensure that each of our clients is provided with the best services we have available. While we back up files continuously, we are in no way responsible for the archiving of
a site. It is the sole responsibility of the site creator to copy, back-up or archive all files that constitute a web site.
The following guidelines also apply:
Content:
All services provided by Web-Net may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States
Federal, State, or City law is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other
statute. The subscriber agrees to indemnify and hold harmless Web-Net from any claims resulting from the use of the service, which damages the subscriber or any other party.
Pornography and sex-related merchandising is prohibited on all Web-Net servers. This includes sites that may infer sexual content or links to adult content elsewhere. Web-Net will be the sole arbiter in
determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Web-Net servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
Web-Net will be the sole arbiter as to what constitutes a violation of this provision.
As with hosting, all new domain names purchase through Web-Net will be automatically renewed for the original domain registration fee and for the original registration term until canceled by the
owner/administrative contact for the domain name. 12/2003
Traffic/ Hits / Bandwidth Policy.
Web-Net accounts come with the following:
* Standard - 5000 megabytes (5 GIGS)
* Pro - 7500 megabytes (7.5 GIGS)
* Pro + - 10000 megabytes (10 GIGS)
* ProCommerce - 125000 megabytes (12.5 GIGS)
Bandwidth usage is a simple equation - number of visits times information sent in each visit. Since the average web page is about 50K in size, 5G equals roughly 100,000 page downloads a month!
Larger files will increase traffic usage, but 5G bandwidth provide enough capacity for 99% of all web sites on the Internet, and if your site is becoming the next Yahoo, simply go to your control panel
and click the Upgrade button and either buy more bandwidth at $10 a gig/month or upgrade to a larger account that comes with more. To maintain the integrity of our service, the following restrictions
also apply:
- Sites offering download files. (This is any site where 20% or more of their monthly traffic is from file downloads)
- Sites using more than 20% of system resources.
Web-Net will be the sole arbiter as to what constitutes a violation of this provision
Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from an Web-Net server or using an email address or domain that is maintained on an Web-Net machine as reference is STRICTLY prohibited. Web-Net will be the
sole arbiter as to what constitutes a violation of this provision.
Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option
Background Running Programs
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance
needed.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Domain Pointing
Domain pointers are to be used for the purpose of having more than one way to find the same site, not for the purposes of sharing an account among multiple sites. A domain pointer may not be set up to
reference a subdirectory within an existing Web hosting account served by Web-Net or any other provider.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of Web-Net is strictly prohibited, and will result in immediate termination or prosecution.
All
By clicking the "Submit Order" button, you agree to be bound by and to comply with this Agreement just as if you had signed it, and clicking the "Submit Order" button is the legal
equivalent of your signature on a written contract.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Billing Problems and Termination:
Accounts paid by credit cards which are rejected by our online card processor are grounds for termination. If you need to replace your credit card info you can E-mail webnet@web-net.us (please have your username and password handy)
Because of the risk of credit card fraud, any account which offers two bad credit cards within any 6 month period will be subject to immediate termination.
All Sub-Networks, distributive hosting sites and dedicated servers of Web-Net must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate account deactivation. 12/2003
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