WebHostContact Terms Of Use

> TERMS OF USE

Unsolicited Email (Spam):
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Spammers will be instantly terminated. Depending on the seriousness of the issue we have the right to also charge maximum fines.

WebHostContact provides Internet World Wide Web page hosting, Marketing, and Development. WebHostContact has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

WebHostContact general policy is to act as a provider of Internet presence. WebHostContact has specific ethical concerns regarding the use of its computers detailed below. WebHostContact reserves the right to suspend or cancel a customer's access to any or all services provided by WebHostContact when we decide that the account has been inappropriately used.

Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of WebHostContact is strictly prohibited.

Unauthorized use of other people's accounts or computers WebHostContact will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a WebHostContact customer, whether or not the attacked account or computer belongs to WebHostContact , will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE - WebHostContact has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

Customers may not run IRC, bots or clients. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by WebHostContact to be unacceptable use of WebHostContact's services including abuse of server resources. You may not use your storage space we allocate to you for any type of personal storage.

Accounts may be terminated that include the following content or which have links to the following content:
* Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity.
* Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
* Displaying material that exploits children under 18 years of age.
* Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Abuse of Unlimited Traffic:
WebHostContact customers are privileged to be offered traffic for their web sites. The intention of WebHostContact is to provide a large space to serve web documents, not an off site storage area for electronic files. All of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on WebHostContact's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of WebHostContact management. Any customer who violates WebHostContact's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be terminated.

CGI Scripts:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.

Chat Rooms:
We do not allow clients to install their own chat rooms, without approving it with the WebHostContact Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

Abuse of SMTP Mail Server:
We do not allow clients to send more than 1000 pieces of e-mail per day. If you do send more than 1000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 1000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server.

IRC:
We currently do not allow IRC or IRC bots to be operated on our servers.

Payment Policies:
All accounts are set up on a pre-pay basis. You are charged for the first month for all new accounts. All pricing is guaranteed for the term of pre-payment. WebHostContact reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within 7 days of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies WebHostContact to request for termination of services by using the automated cancellation form located on our contact page. All payment is in U.S. currency. WebHostContact will bill each client $50 per returned online pay by check and per credit card chargeback received and confiscate any domain names purchased through our registrar. If unpaid invoices go over 30 days WebHostContact will terminate your services. All WebHostContact accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. If you go above and beyond average disk space and/or bandwidth usage WebHostContact reserves the right to increase fees.

Cancellation:
WebHostContact reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by WebHostContact if WebHostContact institutes it's right of cancellation. If a customer decides they do not like WebHostContact's services we will gladly refund there payment minus any domain name charges within the first thirty day's of initial signup. Domain name charges are non-refundable as with any registrar.

Intellectual Property Rights:
Material accessible to you through WebHostContact services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use WebHostContact or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the WebHostContact network. If you use a domain name in connection with WebHostContact or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security:
Customers may not use the WebHostContact network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. WebHostContact will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce:
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static / Dynamic Content Caching:
You expressly (i) grant to WebHostContact a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by WebHostContact under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership:
WebHostContact shall maintain and control ownership of all IP numbers and that may be assigned to you by WebHostContact and WebHostContact reserves, in its sole discretion, the right to change or remove any and all such IP numbers.

Domain Name Registration:

If you are registering or transferring a domain name you must also agree to the Domain Name Registration Agreement here:
eNom: http://www.enom.com/terms/agreement.aspx

Domains shall be renewed at the same price as new registrations. The current pricing is $14.99

Domain renewal reminders will be sent 30 days, 7 days prior to expiration (and 5 days after) via email to the address stored in your client area.

Should an expired domain enter the redemption period (this only happens if not paid 30 days after domain expires), the cost of restoring the domain shall be no more than $190.00.

Customer agrees to pay WebHostContact prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. WebHostContact reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from WebHostContact to the email address indicated in Customer's registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by WebHostContact ) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to WebHostContact as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. WebHostContact will reinstate Customer's domain name registration solely at WebHostContact's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. If you have no web hosting services with us and only domain name registration(s), all domain renewals will cost $35.00 per year.

Lawful Purpose:
WebHostContact reserves the right to refuse service to anyone. Customers may only use WebHostContact server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of WebHostContact management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Suffolk County, New York, and any dispute will be litigated or arbitrated in Suffolk County, New York. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Suffolk County courts. IN NO EVENT SHALL WebHostContact MAXIMUM LIABILITY EXCEED ONE HUNDRED ($100.00) DOLLARS.

Indemnification:
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD WEBHOSTCONTACT HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST WEBHOSTCONTACT, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS WEBHOSTCONTACT AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH WEBHOSTCONTACT'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM WEBHOSTCONTACT'S SERVER.

Disclaimer:
WEBHOSTCONTACT WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. WEBHOSTCONTACT MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. WEBHOSTCONTACT DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY WEBHOSTCONTACT AND ITS EMPLOYEES. WEBHOSTCONTACT RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

Privacy Statement:
WebHostContact follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully. Please click here to read the privacy statement.