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This Web Hosting Agreement (this "Agreement") sets forth the terms and
conditions of your use of WebECS.com, ("WebECS") for web hosting services. You
certify that you are at least 18 years of age. To become a WebECS 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 WebECS. This Agreement will become effective when
accepted by WebECS. By posting notice 30 days in advance at a web page
available on our web site (http://www.webecs.com), WebECS 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.
Scope of Services and Your Obligations
This Agreement defines the terms and conditions of WebECS's services as offered
by WebECS and used by you, including the provision of web hosting services on
WebECS's servers and connectivity to the Internet (the "Services"). WebECS 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, WebECS 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.
WebECS 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.
WebECS 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 WebECS'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.
You agree to comply with the requirements of the CDA and the Digital Millennium
Copyright Act (the "DMCA") and acknowledge that WebECS 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, WebECS will accommodate standard
technical measures used to identify and protect copyrighted works, and, as
further described herein, WebECS has a policy of terminating accountholders who
are copyright infringers.
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 WebECS's servers nor the links to other
websites are screened, approved, reviewed or endorsed by WebECS. WebECS 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 WebECS's statements
of advice, opinion or information.
Payment Policies, Fees, and Refunds
Full payment is required before any hosting service is rendered, which includes
renewals. All payment-due notices will be sent by electronic mail. No bills or
invoices will be sent by postal mail or fax. Prepayment is due each anniversary
following the date the account was established. Billing will continue until you
cancel your hosting account. You may cancel at anytime. As a policy, we do not
offer credits or refunds for hosting already billed. Domain registration
fees and setup fees are non-refundable.
Every shared hosting account with WebECS features a 30-day money back guarantee.
If you choose to cancel your account within the first 30 days email us at
sales@webecs.com and provide us with your domain name, uid# and the last four
digits of your current billing credit card that we have onfile for
verification. Once verified, we will refund shared hosting account monthly fee,
exclusive of any set up fees or domain names fees. Accounts closed after 30
days do not qualify for refund of any pre-paid fees. WebECS will only allow for
the refund if cancellation is not the fault of the client, as determined by
WebECS. Accounts closed for violating the Restrictions policy do not qualify
for a refund.
Domain registration/setup fees are nonrefundable. The customer is responsible
for all money owed on the account from the time it was established to the time
that the customer notifies WebECS of cancellation. All monetary transactions
are in $US dollars. Additional features can be added at any time. WebECS
reserves the right to change prices at any time.
If your web site has an ovedue balance, our automated billing system will
suspend your account until you pay the overdue balance. Please note that it is
your responsibility to keep your account current. You can check your account
balance at any time by clicking "billing" in your account's control panel.
Terms
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 Ohio (without regard to conflicts of laws principles).
Indemnification Policy
You agree to use all WebECS services and facilities at your own risk. WebECS
specifically disclaims all warranties of merchantability and fitness for a
particular purpose. In no event shall WebECS be liable for any loss, or loss of
data, or other commercial damage, including but not limited to special,
incidental, consequential or other damages. BY ACCEPTING THIS AGREEMENT, YOU
AGREE TO WAIVE AND HOLD WebECS HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION
TAKEN BY WebECS. CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD
WebECS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS, CLAIMS,
INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST WebECS, ITS AGENTS, ITS
CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE
PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY
CUSTOMER, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS WebECS AGAINST LIABILITIES ARISING OUT OF: (1)
any injury to person or property caused by any products sold or otherwise
distributed in connection with WebECS’s server;
(2) any material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party;
(3) copyright infringement and any defective products sold to customer
from WebECS’s server.
WebECS shall be the sole judge of what violates this Policy.
Account Ownership
WebECS is only responsible to the present owner of the Web hosting space. We
verify ownership by credit card number (if paid for by credit card), name,
address, email address, username, & password. If you give this information
to any other party or give access to your email address on your account to
another party, you risk having your Web site and any other information on your
account changed and/or deleted. We are not responsible for any information on
your account should you reveal this information to another party who causes
damage to your account and/or Web site.
If you are a Web designer and you are not the person paying for the hosting
account we advise you to receive payment for your work before you publish it to
our servers. Once the Web site is published to our servers the account owner
has retained ownership of that content.
Domain Registration/transfer
It is your responsibility to verify that the registration of your domain name
is complete. And, when the domain name registration comes up for renewal, the
Domain Name Registration Company ordinarily will email the contact for your
domain to remind you it will soon expire. If you do not keep your domain name's
registration current, then the domain registration will expire and the domain
would then become available for others to register. It is your responsibility
to be certain that you keep your domain name registered.
SPAM Policy
WebECS is committed to a zero-tolerance, anti-Spamming policy. Under this
policy, we prohibit Spam, or any unsolicited commercial email, from being sent
either: Over the WebECS network, by customers or any other users of the WebECS
network (including customers' customers); AND/OR over ANY network— if the
message sent advertises or mentions a site hosted on the WebECS server.
We react quickly and seriously to violations, and we further reserve the right
to terminate the services, without prior notice, of any customer disregarding
this policy. Sending unsolicited commercial email (a.k.a. "spam"),
cross-posting messages to a large number of usenet groups, posting obscene or
threatening messages while using or referring to an WebECS email address or web
site URL is prohibited. The use of WebECS servers as a mail drop for responses
to activities described above is also prohibited. Accounts canceled due to spam
will be billed a "clean up" fee of $200.
Content Policy
All services provided by WebECS 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, or in violation of
the laws of any country, is prohibited. This includes, but is not limited to:
copyrighted material, trademark, intellectual property, material we judge to be
threatening or obscene, material that advocates or calls for the commission of
crimes or civil harms to any person, group of people, corporation, country, or
any entity, or material protected by trade secret and other statute without
proper authorization. The subscriber agrees to indemnify and hold harmless
WebECS from any claims resulting from the use of the service which damages the
subscriber or any other party.
Also prohibited are sites that promote any illegal activity or present content
that may be damaging to WebECS 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
Any illegal activity, spamming or hacking will result in your site being shut
down and all your files deleted without warning.
WebECS will be the sole arbiter as to what constitutes a violation of this
provision.
Traffic Policy
You will be charged for data transfer that you use beyond the defined data
transfer limits without prior notification. All accounts are notified via email
when you have gone over your data transfer limit. You can monitor your monthly
transfer that you have used in the "Resources" area of your control panel and
you can add more data transfer (bandwidth) to your account at any time. Please
note that it is your responsibility to monitor your data transfer usage.
Backups
Backups are made on a daily basis. No guarantees are made of any kind, either
expressed or implied, as to the integrity of these backups. Backups are made
for server restoration purposes only. It is the clients' responsibility to
maintain local copies of their web content or any other information. If loss of
data occurs due to an error of WebECS, we will attempt to recover the data for
no charge to the client. If data loss occurs due to negligence of client in
securing their account or by an action of the client, WebECS will attempt to
recover the data from the most recent archive for a $10.00 fee.
Resellers
All Resellers must ensure that their clients also abide by and understand our
terms and conditions of service as stated on this page. If a resold client is
in violation, we reserve the right to suspend the domain without notice. We do
not have any interaction with a Reseller's client and will only deal with the
reseller for any support or account related issues. If there is a problem you
cannot resolve we will be happy to assist you if you submit a support request
to us. Make sure to include the domain of the client, uid#, and details of the
problem. Reseller accounts must keep a current credit card on file. If we
attempt to rebill your account for monthly fees and your card is declined, all
of your domains are subject to interruption. We first send notice and then will
interrupt your main reseller account 5 days after your due date if a card is
declined. You will then also be unable to add domains. After 10 days all of
your resold domains will be suspended.
You may charge any amount you wish for our services as a reseller and use
our text and information from web site and support section as necessary to
market your business as long as you remain a customer (except our own graphics
or logos). We are not liable for losses due to your clients or their actions.
We make no promises of profit or income. You are responsible for abiding by
laws/tax laws applicable in your place of business.
If you have any questions regarding our policies or services, please
contact us.
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