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Includes Terms & Billing Policies Policies, Guidelines, & Disclaimer Includes Terms & Billing Policies Web Designers Hosting provides web hosting to numerous clients which means that we have a responsibility to protect each client and to provide the best services available. The following guidelines were established to ensure these crucial obligations are met - these Policies, Guidelines, and Disclaimer are intended for all domains residing on Web Designers Hosting servers. DEFINITIONS: Client = Any account residing on Web Designers Hosting servers. Web Designers Hosting = any placement of: we, us, our(s) CONTENT AND USE THAT IS NOT PERMITTED ON Web Designers Hosting SERVERS: ALL SERVICES PROVIDED BY Web Designers Hosting - MAY BE USED FOR LAWFUL PURPOSES ONLY. TRANSMISSION, STORAGE, OR PRESENTATION OF ANY INFORMATION, DATA OR MATERIAL IN VIOLATION OF ANY UNITED STATES FEDERAL, STATE, CITY, COUNTY, OR LOCAL ORDINANCE, IS PROHIBITED. THIS INCLUDES, BUT IS NOT LIMITED TO: COPYRIGHTED MATERIAL, MATERIAL WE JUDGE TO BE THREATENING OR OBSCENE, OR MATERIAL PROTECTED BY TRADE SECRET AND OTHER STATUTE. THE SUBSCRIBER AGREES TO INDEMNIFY AND HOLD HARMLESS Web Designers Hosting AND/OR ITS EMPLOYEES AND/OR ITS AGENTS FROM ANY CLAIMS RESULTING FROM THE USE OF THE SERVICE WHICH DAMAGES THE SUBSCRIBER OR ANY OTHER PARTY. PORNOGRAPHY and SEX-RELATED merchandising is PROHIBITED on all Web Designers Hosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere. You hereby agree that by purchasing Web Designers Hosting services, Web Designers Hosting will be the sole arbiter in determining violations of this provision. ADDITIONALLY PROHIBITED are sites that promote any illegal activity or present content that may be damaging to Web Designers Hosting, its subscribers, the public, national security, personal privacy, and the general health, safety, welfare of our country or any other server on the internet. Links to such materials are also PROHIBITED. THE FOLLOWING LINKS, CONTENT, AND/OR ACTIVITY IS ALSO PROHIBITED ON WEB DESIGNERS HOSTING'S SERVERS: - Pirated software - Hacker programs or archives - Warez sites - MP3 server software - this does not mean you can not host or have an MP3 on your site - This means that you can not operate a site that sells and distributes pirated MP's. - SPAM Email: SPAMMING, OR THE SENDING OF UNSOLICITED EMAIL from Web Designers Hosting servers or using an email address or domain that is maintained on a Web Designers Hosting server as a reference is STRICTLY PROHIBITED. Accounts in violation of our spamming policy WILL BE DELETED WITHOUT PRIOR NOTICE. No credit for time left will be given. Background Running Programs: We MAY allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed. All users must contact Web Designers Hosting prior to the installation of such programs and MAY be required to sign an additional agreement. IRC: (internet relay chat operations) This does not mean that you can not use a chat program on your own PC - That service is provided by other entities and not subject to these terms. It does mean that you can not be operating one of these chat services while on our server. Attacks to your site: 'Cyber Attackes' - Should your site be the brunt of a cyber attack - One in which cpu usage is maxed out on our server or to a point where it will hinder or slow the operation of other sites - You will be notified and ask to move your site off the server immediately. Including suspension of services without refund While this is an unfortunate occurrence it is usually the result of a nefarious activity from your site. Web Designers Hosting will be the SOLE ARBITER as to what constitutes a violation of the above provisions. -Site traffic If you go over the limit we will let you know so you can see what you are running that is eating bandwidth. Most of the time you are not charged unless it is a large overage. We just give you a warning and help you track down the cause of the problem. -------------------------------------------------------------------------------- SYSTEM BACKUPS: Backups are intended for disaster recovery purposes only. In other words, we backup our servers each night for the event of a complete hard drive failure. Even with this backup system, you should keep a local copy of your sites. No backup system is perfect, and when you are backing up the numbers of websites we do, there is certainly room for error. SERVER ABUSE: ANY ATTEMPT to UNDERMINE or CAUSE HARM to any server or customer of Web Designers Hosting is STRICTLY PROHIBITED and violators will be deleted without prior notice. BILLING: The billing period for all accounts is 7 business days. All account fees are due on the seventh day of each billing period depending on your account activation date. ANY ACCOUNT unpaid five (5) days past its due date can be deactivated without notice or will be charged a 1.5% late fee. Recurring Billing: We will send out invoices only for cash accounts. All cash accounts are annual accounts. All credit cards are billed automatically on the anniversary of their original activation date. It is the clients responsibility to ensure that they have sufficient credit to cover this transaction. In the event there is insufficient credit, as a courtesy we will send an email notification at which point we will need to be provided with another credit card within 24 hours. If we do not receive a response within this time frame the account will be deactivated. ACCOUNT DEACTIVATIONS: Any account deactivated due to non-payment will be required to pay a reactivation fee of $50.00 to be paid prior to reactivating the account. CANCELLATION REFUNDS: We DO NOT refund partial monthly fees to accounts canceled after their 30 day initial account activation period. Therefore only full monthly fees existing on account will be refunded. This means that we do not prorate refunds for partial month cancellations. Any full month of service as yet unused well be refunded in full. ONLY full paid 30 day periods will be refunded. COPYRIGHT AND TRADEMARK DISCLAIMER: All accounts whether paid or otherwise will receive all necessary permissions and authorities to use any Copyrighted and/or Trademarked, including but not limited to, ad copy, graphics, logos, and names, and shall produce within reasonable time, such written permissions and authorities if demanded by Web Designers Hosting IN WRITING BY U.S. CERTIFIED MAIL RETURN RECEIPT REQUESTED. Placement of domain and responding pages shall be regarded as a guarantee by the domain owner (client) to Web Designers Hosting that all such permissions and authorities have been obtained. No responsibility will be accepted by Web Designers Hosting for damages to or losses incurred by the client from the use of any content for which the required permission or authority has not been properly obtained. REFUSAL OF SERVICE: We reserve the right to refuse, cancel, or suspend service on ANY DOMAIN residing on Web Designers Hosting servers at our sole discretion. LIMITATION OF LIABILITY: Web Designers Hosting shall not be responsible for any claimed damages, including incidental and consequential damages which may arise from Web Designers Hosting servers going off-line or becoming unavailable for any reason whatsoever. Furthermore, Web Designers Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Web Designers Hosting servers. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation. DISCLAIMER: Web Designers Hosting shall not be held liable for system downtime, crashes, or data loss, or that which results in ANY ACCOUNT becoming unavailable for an indefinite amount of time. We shall not be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Web Designers Hosting are resold. Thus, notice is hereby given that certain equipment, routing, software, and programming used by Web Designers Hosting may not be directly owned or written by Web Designers Hosting - MOREOVER, Web Designers Hosting holds no responsibility for the use of our clients accounts. If any terms or conditions are not followed, the account in question will be automatically deactivated. ACCOUNT ACTIVATION: BY ACTIVATING YOUR ACCOUNT(S) WITH Web Designers Hosting, YOU HEREBY AGREE THAT YOU HAVE READ THESE PROVISIONS IN FULL AND AGREE TO ADHERE TO THE ABOVE POLICIES, GUIDELINES AND DISCLAIMERS. YOU UNDERSTAND THAT FAILURE TO ABIDE BY Web Designers Hosting POLICIES, GUIDELINES AND DISCLAIMERS IS GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION WITHOUT NOTICE, REFUND AND/OR RESTITUTION OF DAMAGES. FURTHERMORE, Web Designers Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimers with DIRECT NOTIFICATION TO CLIENT(S) & BY POSTING AT THIS PLACE WITHIN OUR SITE. IT IS THE RESPONSIBILITY OF ALL Web Designers Hosting CLIENTS TO REVIEW THESE POLICIES, GUIDELINES, FOR REVISIONS. Governing Law/Venue: If you accept service from us then this agreement shall be governed only by the laws of the State of Kentucky. Venue for any action hereunder shall be in Johnson County, of the State of Kentucky |
     
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