WEBster Computing Services - Service Contract
WEBCS, WEBsterCS, and WEBCS.COM are trademarks of WEBster Computing Services. You agree that WEBster Computing Services, WEBsterCS and WEBCS are interchangeable for the purposes of this document and contract. This contract is required to obtain and maintain service with WEBster Computing Services. It acts as protection for both WEBster Computing Services and its customers, to prevent misunderstandings.
WEBster Computing Services' services may only be used for lawful purposes. You agree not to use use our systems or your account to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws. You agree that the subject matter you display can be restricted at any time and for any reason, and must then be removed from public display. WEBster Computing Services is not responsible for files and data residing in your account.
You agree to indemnify, defend, and hold harmless WEBster Computing Services and its employees from any and all legal action, liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of our account(s) or service(s) which damages either you, WEBster Computing Services, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account or requested services, including but not limited to domain name selection, domain name registration, domain name renewal and website content.
WEBster Computing Services makes no warranties or representations of any kind for the services being offered, including warranties of merchantability or fitness for any purpose. You agree not to hold WEBster Computing Services responsible for any loss you suffer as a result of using our services, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause. However, WEBster Computing Services agrees that any complete service interruption in excess of 24 straight hours will justify a refund or credit (as stipulated in WEBster Computing Services' system rules and policies) to its customers for the appropriate amount of their monthly fees but that no further compensation will be made.
WEBster Computing Services reserves the right to cancel your account or service for any reason and at any time, resulting in a refund for the unused portion of your fees. You agree to pay all domain name registration or renewal fees on time and agree that WEBster Computing Services or your domain name registry may cancel your domain name registration if such payments are not made on time.
ECPA NOTICE. WEBster Computing Services reserves the right to monitor any and all communications through or with our facilities. You agree that WEBster Computing Services is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded. You agree that we have the right to fully cooperate in any legal investigation regarding any aspect of our services, including services sold to you.
SYSTEM SECURITY: You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You agree that if you become aware of misuse of your account or server, or you believe the security of your account or server has been compromised, and you do not notify WEBster Computing Services immediately, you will be held responsible for that misuse. You agree not to wonder through, hack or otherwise access any files or directories outside of your account(s) home directory, and you acknowledge that WEBster Computing Services does monitor and log your access history and may elect to suspend your account if a violation occurs. You agree that the terms and conditions of this contract extend to any party you give access to your account(s) and you are ultimately responsible for the results and actions of such parties.
You agree not to transmit unsolicited or prohibited advertising through electronic mail or inappropriate Usenet postings. You specifically agree that the use of WEBster Computing Services for unsolicited mass mailings or postings (commonly known as "Spam[TM]") will cause your services to be terminated immediately and without warning, and that you will be held legally responsible for the damages to WEBster Computing Services, both monetary and in reputation.
You agree to supply a current and truthful name, postal address, and telephone number for our records. You also confirm that you are an authorized user of any credit card that you supply to us, and that you are 18 years of age or older. You agree that setup and prepayment fees are non-refundable after the time of account or service activation, and that WEBster Computing Services is not responsible for domain registration delays or fees, unless otherwise agreed to. You agree that unlimited bandwidth, unlimited email box, and unlimited usage accounts are only unlimited when such accounts do not create a detriment to our systems. WEBster Computing Services reserves the right to determine these standards and to limit the allocation of our system resources.
You agree to a one month renewable contract, unless your account type requires a longer duration. You agree that this contract renews itself automatically until you cancel such services in writing, or until WEBster Computing Services no longer offers such service.
This contract supersedes any written, electronic, or oral communication you may have had with WEBster Computing Services or any representative thereof.. Violation of any of the terms and conditions of this contract may result in the immediate termination of your service(s) or account(s) with WEBster Computing Services or any of its divisions or resources, at our discretion. Criminal or civil prosecution may result in extreme cases.*Signature: [__________________________] Date: [___________] *Printed Name: [__________________________] *By signing and dating the above (or by indicating acceptance of these terms on our website) you agree to all of the above statements and accept them as contract.
Last update: Dec 5th, 2014 (update #14)
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