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Terms and conditions

Hosting Service Contract
Terms And Conditions of Service

Ordering and/or using any Webby, inc services constitute your explicit agreement
with the terms and conditions at http://webby.com/info/hostingTAC.html.  


Plain English summary.
If you are about to order our services - please read the whole page.

Click here for details re Spamming:


The use of Webby services is subject to the following terms and conditions:

It is your responsibility to ensure that your visitors know beyond any doubt, that your site content is YOUR responsibility. Webby provides the connectivity and data serving, and as long as there are no reasonably valid legal judgements, and the client's content does not cause problems for other clients or for Webby, Webby is not concerned with a client's web site content.


Back-Ups

We use the best available back-up methods, however nobody can guarantee that no data will ever be accidentally lost due to hardware and/or software malfunction or accident. Every client is responsible for their own back-ups and our back-ups are simply a convenience, that may or may not be available. In the event of a catastrophic server failure, our instant RAID back-up may or may not copy the problems to the back-up drives. Optional dedicated scheduled off-site back-up is available at extra cost and is not included in a regular hosting contract.

Copyright:

Webby does not check the contents of what customers upload and display and will not claim any more responsibility for what is on your sites than the paper company that sells you blank paper. However, if there is a complaint of copyright infringement and if you can not prove to Webby's satisfaction that you have the right to display the material under dispute, then Webby, Inc may cut files or directories and/or terminate your account. Webby, Inc will NOT edit your material to remove offending or illegal material, but will act in a wholesale manner to ensure speediest compliance with ecxisting laws.

If you use any copyrighted or trademarked materials, you need to have permission to use it, even if you have to pay for that permission. However, you or the owner of such Trademarks or copyrights can not, and agree not to try to, bill Webby usage fees for serving content that you upload or link to.
We provide the hardware, YOU are responsible for what you upload.

Financial Arrangements

1. Hosting contracts are for a minimum of one month or whatever time period is suitable to bring the invoice minimum to US $10.

2. Hosting agreements will be automatically renewed unless canceled 10 days before the the renewal date. Client will receive an on-line invoice for charges, and payment is due BY the renewal date.

3. Acceptable methods of payment are PayPal, VISA, Mastercard, Check, Money order and bank transfers.

4. Initial payment is due at or prior to the start of the contract.

5. Overdue accounts will be charged 0.03% per day, computed daily, until payment is received. Accounts overdue 30 days will be terminated.

6. Billing periods are normally per quarter year (3 months) but can be shortened to one month, if requested by the client or if it appears that a shorter billing cycle may help the client.

Taxes, Fees and Royalties

Client agrees to take full responsibility for all taxes, fees, royalties and or fines of any nature associated with their site.

Content

Client agrees to hold Webby harmless and free of blame regarding any concern about the content of the client's sites, even if Webby staff has provided tech support to correct the HTML or scripts used by clients.

As long as there are no valid complaints or judicial edicts or judgements against the client or the content of the client's site, Webby's ONLY concern is the reliability and speed at which the client's data can be served.

It is up to the client to ensure that any and all data, that can be accessed by the public via their site on any Webby server, comply with the laws, codes, requirements, restrictions and guidelines effective in the country of the client and in the USA and in Canada.

If there are sufficient complaints or court orders to warrant inspection of the clients data, and if such data is found to be in violation of this agreement or current laws, then the client shall be billed for the amount of tech time involved in checking and removing the offending material. Offensive material will not be saved or stored or sent to the client. It will be deleted. Webby, Inc will be the sole and final judge in determining whether any complaints or other problems are grounds to delete content or accounts for the good of the rest of the clients and the company.

Use of any information obtained by way of Webby's hardware and/or software is at the clients or their visitors own risk, and Webby, Inc specifically denies any responsibility for the accuracy or quality of information obtained via its services.

Uptime

Webby normally achieves 100% up-time, but does not and can not present any guarantees of available end to end bandwidth, since that involves Internet traffic conditions beyond our control. Webby expressly limits its compensation for slow downs or non-accessibility or other less than optimal performance to the pro-rata monthly charge for the period of a site's unavailability, if the cause for site unavailability is non-functioning of a Webby server or software. Webby specifically refuses any responsibilities for any damages arising as a consequence of such less than optimal performance.

Webby makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Webby, Inc also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the client and/or their clients, including loss of data resulting from delays, nondeliveries or service interruptions by any cause or errors or omissions of Webby, Inc or any up-or downstream agents or intermediaries.

Server Ready Content

In the event that any client supplied data or material is not "Server-Ready", Webby, Inc may, at its option and at any time, reject this material, including but not limited to after it has been put on Webby, Inc 's Server. Webby, Inc agrees to attempt to notify Client of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of the Internet in general and Webby, Inc's hardware in particular. If the Client can not be contacted within a reasonable period of time or fails to modify the material, as directed by Webby, Inc, within a reasonable period of time, the Agreement shall be deemed to be terminated. The period of time deemed reasonable depends on the urgency of the situation and Webby, Inc shall be the sole judge of that.

" Server-ready" has nothing to do with spelling, grammar, accuracy, style, political or environmental corectness, funny-ness, color, taste or flavor. Server-ready means that the HTML and CGI material is written in such a manner that it will display on a viewer's browser in a normal and predictable manner, not slow down or lock up a server and not provide unauthorized access.

Requirements

Use of Webby, Inc's 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 Customer's Webspace by the Customer.

The following examples are offered:

Web Publishing: requires basic knowledge of HTML, properly locating and linking documents, FTPing files to and from the server, Graphics, Text, Sound, imagemapping, etc.

CGI-Scripts: require a basic knowledge of the UNIX / Linux environment, file permissions, etc.

The Client agrees that he or she has the necessary knowledge to create and maintain their webpages. Client agrees that it is not the responsibility of Webby, Inc to provide this knowledge. Support and coaching is included with hosting, but basic training is separate and optional.

Hardware, Equipment & Software

The client is responsible for and must provide their own Internet access. Webby, Inc makes no representations, warranties or assurances that the client's equipment and/or Internet Access contract will be compatible with the Webby, Inc service. If your Internet Access provider does not allow you to use FTP or SSH, it is your responsibility to find alternate means of access, like a library or Cyber Cafe for those tasks.

Age

The Customer certifies that he or she is at least 18 years of age.

Sex

Highly recommended. However, not on webpages that are accessible to the public. While it would be impossible for us to check every webpage of every client, if there are any complaints, we are required to act. We will not allow anybody to give the Internet in general or Webby, Inc in particular a bad reputation because of their site content.

Some nudity is generally allowed if it is in good taste and context. However, don't make it too much wilder than the ceiling of the Sistine Chapel in the Vatican. Child pornography or any pornography that is similarily outlawed will result in instant deletion of content and will be considered deliberate breach and termination of the contract.

Pictures of cupids and cherubs in their traditional settings are NOT considered to be child pornography, but don't try to bend or stretch the rules! Webby, Inc will be the ONLY and final judge in this matter, if a complaint brings your site content to our attention.

Internet Etiquette

Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding their topics and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Webby may not be used to impersonate another person or misrepresent authorization to act on behalf of others or on behalf of Webby, Inc. All messages transmitted via Webby have to correctly identify the sender. Users may not alter the attribution of origin in electronic mail messages or posting.

Users may not attempt to undermine the security or integrity of computing systems or networks and may not attempt to gain unauthorized access to ANY computing system or part thereof. If a client has been found to have gained unauthorized access or breached any servers security, on any server anywhere, then they have broken this contract and service to them will be terminated without any refund of prepaid rental time.

Every client is expected to respect other clients privacy and every client agrees that any venturing into other clients areas via FTP or SSH (Telnet) is subject to instant termination of the contract without refund.

The Client hereby grants Webby, Inc the right to terminate the Client's account without issuing a refund for unused time, if it is found that the Client has abused the facilities of Webby, Inc for illegal activities.

Termination

This Agreement may be terminated by either party, without cause, by giving the other party notice by email or by whichever means invoices are normally communicated to that client. Termination shall be effective when such notice is given. In such an event, if there is any prepaid booking, and the termination is not punitive, then Webby,Inc will refund to the Client an amount proportional to any prepaid full months of unused service excluding any hosting and/or setup charges. Used up hosting and/or setup charges will never be refundable.

If Webby, Inc or it's staff find that a client has commited one or more of the following:
  1. given out passwords
  2. engaged in spamming *
  3. snooped in other clients areas or maintenance areas of the server
  4. stashed files in areas not assigned to them
  5. engaged in any server disruption activity, even if it is directed at other servers
  6. uses the server to promote hatred, prejudice or terrorism
  7. uses the server for illegal activities
  8. uses the server to distribute stolen software
  9. fails to prove ownership or copyright of displayed content
  10. exceedes agreed limits for space or file transfer rates or server loading
  11. fails to pay for their space or services by the due date
  12. uses much more than average staff time
  13. demands exceptions from normal procedures
  14. is in the opinion of Webby staff not ready or suitable for Webby hosting
then the client hereby agrees that Webby, Inc shall terminate that clients account immediately and use any leftover prepaid amounts as a fine due because of that offense. That is called "punitive termination".

* Spamming:

Spamming is illegal as far as we are concerned, even if it may be allowed where you live. It is not allowed in some of the areas from where the Internet is accessible and therefore it is not allowed on or from any Webby server or on behalf of a Webby client. You can NOT hide behind the CANSPAM act. It may keep you out of jail, but it will not keep you on a Webby server. Webby, inc is the sole and final judge

It makes no difference whether you abuse the facilities of our servers to spam or whether you use some off-site contract spammer to spam on your behalf. As long as your site and / or your Webby based site or your email address or your business is the intended beneficiary of spam, then Webby, inc considers your site to be involved in spamming and we will to take appropriate steps to stop you from continuing to break the contract and giving us a bad name. Punitive termination applies to spamming.

Summary: If you want to spam, go elsewhere, preferably to hell.

Limited Liability

1. Client expressly agrees that use of Webby.Inc's Server is at Client's sole risk. Client agrees to hold Webby, Inc, it's owners, employees, affiliates, agents, contractors and subcontractors blameless and harmless in any dispute and/or event involving Webby, inc's hardware and services.

Information providers, merchants, licensers or the like, warrant that Webby, Inc's Server service will not be uninterrupted or error free, and that Webby, inc does not make any warranty or promise 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 Webby, Inc service, unless otherwise expressly stated in this Agreement.

2. Under no circumstances, including negligence, shall Webby, Inc, its offices, agents or any one else involved in creating, producing, maintaining or distributing Webby's service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Webby's service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Webby, Inc's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content and services of Webby, Inc.

3. Notwithstanding any of the above, a client's only remedies for all damages, losses and causes of actions whether in contract, tort, including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the current payment period and that has not been used up by that time. Client hereby agrees to pay any related attorney's fees, court costs and staff expenditures which Webby, Inc may incur in any dispute with the client or related to a client's use of Webby, inc's hardware, and/or software and/or services.
We provide the hardware, YOU are responsible for what you upload.

Lawful Purpose

Client may only use Webby, Inc's Server for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is strictly prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening, obscene or slanderous, material protected by trade secrets and/or copyrights, materia that is obscene, material related to or promoting terrorism or crime.

Indemnification

Client agrees that he/she/they shall shield, defend, indemnify, save and hold Webby, Inc harmless from any and all demands, liabilities, losses, hassles, costs and claims, including all attorneys' fees, liabilities asserted against Webby, Inc, 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 Webby, inc. This also applies to any product sold or promoted by clients, their agents, employees, affiliates, assigns or visitors. Client agrees to shield, defend, indemnify and hold harmless Webby, Inc against any and all liabilities arising out of and or related to, but not limited to
  • (i) any injury to persons or property or claimed losses caused by any products sold, advertised, criticised or mentioned on the client's site.
  • (ii) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party;
  • (iii) any material, emotional, spiritual, psychological or mystical harm and/or loss claimed to be due to material, data or opinion shown, expressed or implied on the client's site
  • (iv) copyright infringement and
  • (v) any defective or otherwise unsatisfactory product which client sold or promised to sell on sites served by a Webby, Inc server.
If any Webby, inc officers, executives, staff or contractors are required to attend any meeting, hearing or court in relation to anything a client did and/or does and/or did not and/or does not do, the client hereby warrants that the client shall be responsible for providing competent legal assistance for any Webby personnel attending, as well as for their appropriate travelling costs, accommodation plus a per diem of $250, payable and due five (5) days prior to the time and date for such a meeting, hearing or court appearance. The client also assumes full responsibility for any fees, dues, fines or any other costs associated with any Webby officers, executives, staff or contractors having to attend such an occasion.

Don't count on us to arbitrate or voice an opinion in any dispute with your visitors and/or clients. Webby, inc simply provides the webspace, software and hardware. We are the equivalent of a paper manufacturer. What you write on it and how your clients and visitors interprete that, is strictly between you and them, and we will not comment on any topic outside of hardware, software and statistical data regarding a client's web space.

RESELLER's RESPONSIBILITIES

Resellers and VAR's are responsible for their clients and their client's behavior, actions/inactions, web-content, help requirements and financial obligations. Resellers and VARs warrant that they will shield and defend Webby, inc from any dispute whatsoever related to anything done or not done via Webby, inc's hardware and/or software and / or services.

CONSULTING and Tech Support

Any information, advice, concept or idea that is given to a client may have been given to other clients before and may be given to other clients in the future. It is up to the client to make use of that information in a timely manner and no client shall expect that any such information will be theirs exclusively for any specific amount of time.

DOMAIN OWNERSHIP and/or REGISTRATION TRANSFER

Because of the frequent fraudulent attempts by third parties to con domain owners into changing registrars and relinquishing control of their domains, ICANN has instituted DOMAIN LOCKING, so that guarding registrars have time to verify the authenticity of the sale or registrar move request.

To protect the legitimate domain owner and safeguard their property, currently a notarized release is the only acceptable method to authorize a registration move and/or ownership transfer.

Details and downloadable forms are at
http://webby.com/docs/Registration-transfer.html

Upon receipt of the required notarized Domain Name Lock Release Authorization, domains are unlocked instantly, however, any other form or method of requesting unlocking, transferring ownership and / or registration will be disregarded, even in the rare exceptional case, when such a request is not from the usual scammers, but from the actual owner.

To safeguard the property of the legitimate domain owners, no other method and no substitute forms will be accepted or considered.

Plain English Summary

All clients, even those who have optional dedicated scheduled back-up plans, are responsible for their own back-ups.

It is the client's responsibility to ensure that their visitors know beyond any doubt, that their site content is their, and only their responsibility, and not the responsibility or concern of Webby, inc. We provide the vehicle, the client is responsible for bumper stickers, signs and also the content that the client is transporting.

Spamming is NOT allowed from or through Webby servers or on behalf of persons or companies who do business with Webby. If you get caught spamming, you get dumped and any prepaid amounts will be confiscated as a fine.
If you want to spam, go elsewhere, preferably to hell.

Don't copy or scan without permission. The Internet Community recognizes the rights of creators even when no official and specific copyright registration has been filed.

If there are sufficient complaints, then Webby, Inc staff may inspect a website and if it is found that the displayed material promotes hate, discrimination of any kind, or any illegal activity such as (-but not limited to-) terrorism, child pornography, copyright infringements, slander, etc, then Webby, Inc staff may delete such content without prior warning and if the case is serious enough, may terminate the Client's account without refund or compensation.

If the client does something or fails to do something that results in a law suit or legal hassles, the client warrants to shield and defend  Webby from any costs related to that. "Shield" in this context means prepaying any expected expenses, "defend" means providing suitable and competent legal counsel and assistance.

By using a web account on any Webby, Inc server, the client agrees to abide by these rules and regulations.
Notwithstanding any of the above, the client hereby acknowledges the right of Webby, Inc to terminate service to the client under this Agreement at any time, without refund, if the Client fails to comply with the terms of this Agreement.

Overdue accounts will be charged a $10 Overdue processing fee every time an overdue amount has to be added to an invoice. (this does not apply to small discreAccounts overdue 30 days will be terminated.

Please print your Contract Terms And Conditions once a year for your records. From time to time there may be slight changes in wording, but not in spirit.

Webby, Inc may update or change these Terms and Conditions at any time on an as needed basis by updating this page. Your continued use of Webby, Inc services following each updated posting shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms and Conditions page regularly to determine whether this agreement has been modified. In any dispute, the current publicly posted Terms and Conditions will be the valid ones, and outdated versions will be invalid and of no relevance whatsoever.

If you do not agree with the Terms and Conditions of Webby, Inc or any modifications to this Agreement, then you must immediately stop using the facilities and services of Webby, Inc , even if your usage fees project beyond the date after which you no longer agree with the terms and conditions of Webby, Inc.


Your continued use of Webby, Inc services following each updated posting shall be deemed to be your acceptance of any such modification. Furthermore, it is your responsibility to check the Terms and Conditions page regularly to determine whether this agreement has been modified.

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