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Website
Hosting Terms and Conditions
Where the context admits: "We" includes The Web Image inc., The Web Image,
TheWebImage.com, www.TheWebImage.com or any party acting on The Web
Image's implicit instructions. "You" includes the person purchasing the
services or any party acting on the customer's instructions. "The
Registrant" includes the person applying for a domain name or any party
acting on the Registrant's instructions. "The Registry" the relevant
domain names Registry. "Server" means the computer server equipment
operated by us in connection with the provision of the Services. "Web
Site" means the area on the Server allocated by us to you for use by you
as a site on the Internet. In consideration of the mutual covenants
herein, the parties agree to the following, which shall apply during the
term of this agreement.
By using our services you agree to be bound by our terms and conditions
below:
1. Domain Name Registration
1.1 We make no representation that the domain name you wish to register is
capable of being registered by or for you or that it will be registered in
your name. You should therefore not assume registration of your requested
domain name(s) until you have been notified that it has or they have been
registered. Any action taken by you before such notification is at your
risk. 1.2 The registration and use of your domain name is subject to the
terms and conditions of use applied by the relevant naming authority; you
shall ensure that you are aware of those terms and conditions and that you
comply with them. You shall have no right to bring any claim against us in
respect of refusal to register a domain name.1.3 We shall have no
liability in respect of the use by you of any domain name; any dispute
between you and any other person must be resolved between the parties
concerned in such dispute. If any such dispute arises, we shall be
entitled, at our discretion and without giving any reason, to withhold,
suspend or cancel the domain name. We shall also be entitled to make
representations to the relevant naming authority but will not be obliged
to take part in any such dispute.
2. Website Hosting and Email
2.1. We make no representation and give no warranty as to the accuracy or
quality of information received by any person via the Server and we shall
have no liability for any loss or damage to any data stored on the Server.
2.2. You shall effect and maintain adequate insurance cover in respect of
any loss or damage to data stored on the Server. 2.3 You represent,
undertake and warrant to us that you will use the Web Site allocated to
you only for lawful purposes. In particular, you represent, warrant and
undertake to us that. 2.3.1 You will not use the Server in any manner
which infringes any law or regulation or which infringes the rights of any
third party, nor will you authorize or permit any other person to do so.
2.3.2 You will not post, link to or transmit: (a) Any material which is
unlawful, threatening, abusive, malicious, defamatory, obscene,
pornographic, blasphemous, profane or otherwise objectionable in any way.
(b) Any material containing a virus or other hostile computer program. (c)
Any material which constitutes, or encourages the commission of, a
criminal offense or which infringes any patent, trade mark, design right,
copyright or any other intellectual property right or similar rights of
any person which may subsist under the laws of any jurisdiction. 2.3.3 You
will not send bulk email whether opt-in or otherwise from our network.
2.3.4 You will not employ programs which consume excessive system
resources, including but not limited to processor cycles and memory. 2.4
We reserve the right to remove any material which we deem inappropriate
from your web site without notice. We do not host Warez, MPEG video, IRC
chat, connection to MIRC network, file sharing networks, adult or illegal
MP3 content (i.e. you may only upload MP3's if you own the copyright). 2.5
You shall keep secure any identification, password and other confidential
information relating to your account and shall notify us immediately of
any known or suspected unauthorized use of your account or breach of
security, including loss, theft or unauthorized disclosure of your
password or other security information. 2.6 You shall observe the
procedures which we may from time to time prescribe and shall make no use
of the Server which is detrimental to our other customers. 2.7 You shall
procure that all mail is sent in accordance with applicable legislation
(including data protection legislation) and in a secure manner. 2.8 In the
case of an individual User, you warrant that you are at least 18 years of
age and if the User is a company, you warrant that the Services will not
be used by anyone under the age of 18 years. 2.9 Any access to other
networks connected to The Web Image must comply with the rules appropriate
for those other networks. 2.10 Our hosting is considered unlimited
bandwidth because we do not meter it. However if one web site begins to
take up an abundant amount of bandwidth or system resources (5% total
processor time) then other hosting solutions will have to be found. This
includes streaming video and audio. 2.11 While we will use every
reasonable endeavor to ensure the integrity and security of the Server, we
do not guarantee that the Server will be free from unauthorized users or
hackers and we shall be under no liability for non-receipt or misrouting
of email or for any other failure of email. 2.12 Hosting accounts will
include one domain name per account, however if the owner of the account
wishes to split the allocated space between two or more domain names they
will need to contact TheWebImage.com with a written request that they wish
to do so. The additional domain name(s) will be hosted at a discounted
price that TheWebImage.com will determine.
3. Affiliates
3.1 Currently we are not offering a affiliate program, however we are
working on an affiliate program for the future.
4. Website Hosting Service Availability
4.1 We shall use our reasonable endeavors to make available to you at all
times the Server and the Services but we shall not, in any event, be
liable for interruptions of Service or down-time of the Server. 4.2 We
shall have the right to suspend the Services at any time and for any
reason, generally without notice, but if such suspension lasts or is to
last for more than 7 days you will be notified of the reason. 4.3 The
Services provided to you hereunder and your account with us cannot be
transferred or used by anyone other than you. No more than one log-in
session under any one account may be used at any time by you. If you have
multiple accounts, you are limited to one login session per system account
at any time; user programs may be run only during log-in sessions. If your
account is found to have been transferred to another party, or shows other
activity in breach of this subclasses, we shall have the right to cancel
the account and terminate the Services and/or this Agreement immediately.
5. Website Hosting Payment
5.1 All charges payable by you for the Services shall be in accordance
with the scale of charges and rates published from time to time by us on
our web site and shall be due and payable in advance of our service
provision. We reserve the right to change pricing at any time although all
pricing is guaranteed for the period of pre payment. 5.2 Payment is due
each month or year until closure notice is given. If you choose to pay by
credit or debit card you authorize The Web Image's credit card / debit
card processing (2checkout.com) to debit your account renewal fees from
your card. 5.3 All payments must be made in $US (US dollars). 5.4 Without
prejudice to our other rights and remedies under this Agreement, if any
sum payable is not paid on or before the due date, we shall be entitled
forthwith to suspend the provision of Services to you.
6. Website Hosting Termination
6.1 If you fail to pay any sums due to us as they fall due, we may suspend
the Services and/or terminate this Agreement forthwith without notice to
you. In the event that your web site has been terminated we will not be
held liable for loss of data. 6.2 If you break any of these terms and
conditions we may suspend the Services and/or terminate this Agreement
forthwith without notice to you. 6.3 If you are a company and you go into
insolvent liquidation or suffer the appointment of an administrator or
administrative receiver or enter into a voluntary arrangement with your
creditors, we shall be entitled to suspend the Services and/or terminate
this Agreement forthwith without notice to you. 6.4 Refunds will be given
at the discretion of the Company Management including refunding of upfront
yearly fees, refunds will not be given if terms and conditions are
violated. In the event that the terms are violated a one time $50 fee will
apply to get the hosting account reinstated. This will be done at the
discretion of TheWebImage.com. 6.5 We reserve the right to suspend the
Services and/or terminate this Agreement / your account at any time with
no notice or reason. 6.6 You may cancel the Services at any time. 6.7 On
termination of this Agreement or suspension of the Services we shall be
entitled immediately to block your Web Site and to remove all data located
on it.
7. eBay auctions (not offered at this
time)
9. Website Design Services
9.1 No work will start on the design of a website until: i) we have
received full payment, ii) we have received all requested information from
the customer such as: text for the web pages etc. 9.2 Once work has
started on the design we will only refund a percentage for work
uncompleted if a refund if requested.
10. Resellers
10.1 Resellers may cancel their account at anytime by emailing us with
their account number, username and password. 10.2 Additional reseller
resources are only available in units, as per our website. 10.3 The
reseller will be responsible for their customers and must ensure that
their customers do not break any parts of our terms and conditions. 10.4
If a resellers customer is found to be sending unsolicited email (aka
spam) the reseller must warn the customer that if this is repeated their
account will be terminated. If a reseller allows such actions to continue,
we have the right to remove the offending customer. 10.5 If a reseller
fails to pays for any reseller unit we reserve the right to suspend the
resellers account and stop their customers from using our resources. 10.6
We will not be held liable for the actions of our resellers. 10.7
Resellers must act in a professional business manner at all times. 10.8 A
reseller may sell their customers to us at a price we set. 10.9 Resellers
must not create web hosting packages that contain features that we do not
offer.
11. Adult website hosting
11.1 We do not under any circumstances allow adult content.
We reserve the right to determine what “adult content” is and what is not.
12. Credit / Debit Card Charge backs
12.1 If a services have been used and the customer requests their bank to
recall the payments made (sometimes called a charge back) then legal
action will be taken against the customer to recover such payments in all
circumstances. 12.2 All actions of fraud are automatically reported to the
police. 12.3 Any cases of underage porn on our servers will automatically
be reported to the police and we will work with such bodies to ensure that
legal action is taken against you. We will never tolerate such actions.
13. Email Spamming
13.1 Spamming from you or your representatives is not permitted and will
result in cancellation of your site. 13.2 Abuse of our SMTP server will
result in a fine of $2,500 in restitution per California Assembly Bills AB
1676 and AB1629. Please read our policy regarding SPAM and violation
principles at
www.thewebimage.com/SPAM.htm
14. Refund / Cancellation Policy
14.1. You may cancel your service with us at anytime. A refund in the form
of a check will be sent to the address on file with The Web Image within 7
- 10 days. 14.2. If an annual package is canceled, fees will be
re-calculate to the quarterly rate, waived set-up fee will be added and
then a refund will be placed in agreement with 14.1.
15. This agreement
15.1. By ordering and using our services, you agree to these terms and
conditions. |
