January 8, 200
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TERMS AND CONDITIONS
Charges do not include $50.00 one-time
setup.
Setup fee is waived to transferring
domains.
Charges do not include Domain Name
Registration fees see register.websiteworld.com for cost.
Additional Disk Space is available at
$.80/MB (Megabyte) per month
Basic plan includes 2.5/GB (Gigabyte)
month transfer. Additional data transfer is available at $.10/MB(Megabyte)
per month. Bandwidth is monitored by third party software
installed on the server: WAE Tech's waeIISbm.
The registration of a domain name confers
no legal right to that name. Any domain name associated with a
closed account for which no alternative name service has been
arranged will be unregistered.
All payments must be paid quarterly or
annually.
We require a 30-day notification of
cancellation of account sent to Website World, PO BOX 23282,
Knoxville, TN 37933
The policies and guidelines expressed
herein supplement the rights and obligations of the parties
under the Service Agreement for hosting services. This document
establishes operating principles and acceptable use policies as
they relate to the Customer's use of the Internet and the
connection/services provided by Website World Communications to
the Customer under the Service Contract Agreement.
1. SERVICE DESCRIPTION
Website World provides a dedicated server
computer that is integrated into the Internet. Website World
provides its server as a gateway from the server of various
customers into the Internet, for which Website World charges a
fee. After an account has been setup and any data has been
uploaded to the site, Website World retains judgment as to what
refund if any is applicable in the event of a cancellation of
service.
2. SERVICE USAGE
A. Legal Parameters: This service may be
utilized only for lawful purposes, and the usage of the service
in connection with or adjunct to any matter or thing which
violates any foreign, municipal, state, county or federal
statute or regulation is prohibited. Client agrees to indemnify
and hold harmless Website World from and against any and all
claims, actions, causes of actions, administrative or government
action, losses or damages (including legal fees and expenses)
arising from the usage by client. B. Unilateral Service
Revocation: In the event that Website World, at any time,
believes that the service is being utilized by the client in
contravention of the terms and provisions of this contract,
Website World may, at its sole discretion, immediately
discontinue such service to client, without liability other than
for the refund of unearned prepaid service fees.
3. NO WARRANTIES
With respect to the service to be provided
hereunder, client acknowledges that Website World makes
absolutely no warranties whatsoever, express or implied,
including warranty of merchantability or fitness of this service
for a particular purpose. As a result, client agrees that
Website World shall not be liable to client or any of its
customers for any claims or damages which may be suffered by
client or its customers, including, but not limited to, losses
or damages of any and every nature, resulting from the loss of
data, inability to access Internet, or inability to transmit or
receive information, caused by, or resulting from, delays,
nondeliveries, or service interruptions whether or not caused by
the fault or negligence of Website World. Client hereby agrees
to indemnity and hold harmless Website World from any and all
claims of whatever nature brought by any of client’s customers
against Website World.
4. USE OF INFORMATION/Google Ads
The utilization of any data or information
received by client or its customers from the utilization of the
service to be provided by Website World is at client and its
customer's sole and absolute risk. Website World specifically
disclaims and denies any responsibility for the completeness,
accuracy or quality of information obtained through the services
to be provided hereby. Google ads are displayed on inactive
sites and pages that are not found.
5. DOMAIN NAME
If Website World shall acquire an Internet
Domain Name on behalf of the client, then in such case the
client hereby waives any and all claims which it may have
against Website World for any loss, damage, claim or expense
arising out of, or in relation to, the registration of such
Domain Name in any on-line or off-line network directories,
membership lists or registration lists, or the release of the
Domain Name from such directories or lists following the
termination of services by Website World for any reason. Any
costs of Website World in obtaining or maintaining a domain name
for client shall be immediately reimbursed to Website World upon
invoice from Website World to client.
6. SERVICE FEES AND INVOICING
Client shall pay the initial fees set forth
below, prior to the commencement of service. Thereafter, client
shall be invoiced via email in advance for a minimum three (3)
month period, at least fifteen (15) days prior to the expiration
of the then current three (3) month period. Payment of the
service fee is due prior to the first day of said three (3)
month period. In the event that client shall fail to pay for
such services in advance of that three (3) month period, then
Website World shall be entitled to unilaterally terminate this
agreement and discontinue the service of client or the
applicable account for which payment has not been received. The
client is still responsible for having payment posted to the
account regardless even in the event that the 1st day
of the month is a holiday or weekend. The indemnification and
limits of liability provisions of paragraphs 2 and 3 shall
survive any such termination. Upon payment of the charges due
hereunder, Website World may, at its sole discretion,
reinstitute service, at which time all terms and conditions of
this contract shall continue in full force and effect. Any
service disconnection or suspension shall require a $25
re-connect fee. Initial service and set-up fees are as follows:
Additional fees, if applicable, will be
billed at the end of each month, with payment due within ten
(10) days thereafter: These fees are applicable for additional:
disk space, data transfer, POP3/forwarding email accounts or
mail list services.
PAYMENT PLANS- Client shall have available
the payment plans detailed within the
invoice.
Additional Terms- All support inquiries are
to be initiated via email to: biddle@websiteworld.com. Website
World will make a diligent effort to resolve any problem related
to Website World's hardware or supporting software. Only after
email inquiries have failed, will Website World provide support
via telephone at (865)379-7171.
7. CANCELLATIONS
Any cancellation of services must be
requested through the Website World Communications Accounting
office at 1-865-379-7171. Please have your user ID and password
available in order to process any request for cancellation.
Website World will respond with a written confirmation via email
that the cancellation request has been received and processed.
This procedure is designed to protect our customers against
unauthorized cancellation of service. Payments are
non-refundable and all sales are final.
8. SCOPE OF AUTHORITY
Client has no authority, apparent or
otherwise, to contract for, or on behalf of Website World, or in
any other way legally bind Website World in any fashion, nor
shall client be authorized to make any representations about
Website World or its services other than to reiterate to its
clients Website World's responsibilities as outlined in this
agreement.
9. CHANGES IN TERMS OF AGREEMENT
Website World reserves the right to make
changes to the above terms and conditions of this agreement at
any time without notice to the client. Changes in monthly
service fees shall become effective only at the end of any
calendar quarter for which client has prepaid for the respective
quarter. Utilization of the service by the client and/or its
customers following the effective date of such change shall
constitute acceptance by client of such change(s) in terms.
10. DISPUTES
A. Venue: In the event of disputes arising
from this Understanding, jurisdiction and venue over such
dispute shall be placed with the state and federal courts of the
State of Tennessee in Knox County. This agreement shall be
governed by Tennessee State law. The prevailing party shall be
entitled to recover its reasonable attorney fees and statutory
costs. To any portion of this understanding be declared
unenforceable, that portion shall be construed to give it the
maximum effect possible, and the remainder of this Understanding
shall continue in full force and effect.
11. ENTIRE AGREEMENT AND SEVERABILITY
This instrument constitutes the entire
agreement between the parties, and represents the complete and
entire understanding of the parties with respect to the subject
matter of this agreement. This instrument supersedes any other
agreement or understanding between the parties, whether written
or oral. In the event that any term or provision of this
instrument is held by a court of competent jurisdiction to be
unenforceable, then the remaining provisions of this instrument
and the agreement which it evidences shall remain in full force
and effect.
General- The Internet is a voluntary
association of users interested in and willing to exchange
information and data with other Internet users. At present there
is no oversight group providing governance over the principles,
policies or procedures for use of the Internet or the
information and data accessed via the Internet.In order to
facilitate their contractual relationship the Customer and
Website World wish to define a working protocol of principles
and policies and establish operating guidelines and acceptable
standards of use of the Internet.
To this end the parties agree as follows:
Principles Governing Acceptable use of the
Internet by the Customer
Responsibility and Respect - The Internet
is a network intended for use by mature, adult users. The
Customer recognizes this principle and undertakes at all times
to act with respect, courtesy and responsibility, giving due
regard to the interests and rights of other Internet user
groups. This general guideline carries with it the following
specific responsibilities:
a) Knowledge of the Internet - The Customer
agrees to obtain a basic knowledge of the Internet and its
operating principles and procedures.
b) Improper Uses - The Customer will avoid
violation of certain generally accepted guidelines on Internet
usage such as restrictions on mass mailings and mass
advertisements, pirating or copying of software, mail bombing or
other methods of attempting to deny service or access to other
users, and attempts to violate security.
Website World strictly prohibits
Unsolicited Commercial Email (UCE), also known as "spam". This
includes using our network to distribute unsolicited bulk email
from your site on our servers or using any outside network to
send bulk email advertising your site on Website World servers.
Website World will terminate any account that receives three
complaints of unsolicited email within a one month period, and
no refund will be issued for unused service.
c) Compliance with Laws - The Customer will
ensure that its use of the Internet complies with all applicable
federal, state and local law and regulation, including but not
limited to those principles of law which protect against
compromise of copyrights, trade secrets, proprietary information
and other intellectual property rights, libel or defamation of
character, invasion of privacy, tortuous interference, and
export of technical or military data to prohibited countries.
d) Validation of Information - The Customer
is responsible for validating the integrity of the information
and data it receives or transmits over the Internet.
e) Security - The Customer is required to
protect the security of its Internet account and usage. The
Customer(s) password will be treated as private and confidential
and not disclosed to or shared with any third parties.
f) Discretion and Judgment - The Customer
is expected to use discretion in the treatment and handling of
Internet information and data and to take particular care to
insure that adult information is not transmitted to juvenile
users of the Internet.
g) Pornography - Due to legal and social
issues, we will not accept any new customers who publish
pornographic images. If an existing customer publishes
pornographic images, Website World may issue a warning and/or
suspend your account.
h) Excessive CPU usage - Customers will not
be allowed to use excessive amounts of CPU processing on any of
our servers or face immediate suspension. Excessive usage will
automatically qualify the client to termination with no refund.
**By uploading or storing files to our
server you are in full agreement to these Terms & Conditions**