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Hosting Service Contract
Terms And Conditions of Service
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
complaints or legal issues, 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.
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 phone
company that sells you access to the phone network. 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.
RequirementsUse 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:
- given out passwords
- engaged in spamming *
- snooped in other clients areas or maintenance areas of the server
- stashed files in areas not assigned to them
- engaged in any server disruption activity, even if it is directed at other
servers
- uses the server to promote hatred, prejudice or terrorism
- uses the server for illegal activities
- uses the server to distribute stolen software
- fails to prove ownership or copyright of displayed content
- exceedes agreed limits for space or file transfer rates or server loading
- fails to pay for their space or services by the due date
- uses much more than average staff time
- demands exceptions from normal procedures
- 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
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
the above 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 0.03% per day, computed daily, until payment
is received. Accounts 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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inc 1995 -2007 |
server
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