1.0 General
Webtrix Designs' reserves the right to prohibit any conduct or to remove
any materials or content in violation of these Terms and Conditions, the
Guidelines or anything that Webtrix Designs' believes in its sole
discretion to be illegal or potentially harmful to others or may expose
Webtrix Designs' to liability. Webtrix Designs' may suspend or terminate
your account for Webtrix Designs' Services at any time for any reason
(including, but not limited to, if Webtrix Designs' determines that you
have failed to comply with any of these Terms and Conditions or the
Guidelines). Before terminating your account, Webtrix Designs' will use
reasonable efforts to contact you using the information contained in the
sign-up form that you submitted to Webtrix Designs'. It is your
responsibility alone to ensure that this information is complete and
accurate at all times.
2.0 Webtrix Designs' Services
Web Hosting. Webtrix Designs will provide Webtrix Designs' web hosting to
you for the term you identified at the rate agreed upon, subject to your
compliance with these Terms and Conditions and the Guidelines.
Collection and Use of Personal Information. In connection with providing
Webtrix Designs' Services, Webtrix Designs will collect information about
you and about your usage of Webtrix Designs' Services. Webtrix Designs
will not provide the information and data it collects about you (including
information about your computer system and platform) to third parties,
including advertisers, clients, marketing organizations and others, unless
you specifically request Webtrix Designs to do so or except as may be
required by law.
E-mail. Abuse of Webtrix Designs' e-mail account services is considered a
violation of our Terms and Conditions and our Guidelines. One of the most
serious abuses is using your account to send unsolicited commercial
e-mail, otherwise known as "spam." The following are examples of spam (but
not limited to).
Prohibited e-mail Activities:
Commercial e-mail: Defined as sending unsolicited
commercial e-mails. This is prohibited. You are not permitted to use your
Webtrix Designs' account or e-mail alias/account to send unsolicited
commercial or private e-mail. Using an e-mail address hosted anywhere on
Webtrix Designs' Services to collect responses from unsolicited commercial
e-mail is prohibited.
Mail bombing: Defined as sending large volumes of
unsolicited e-mail to individuals from your Webtrix Designs' account. This
is strictly prohibited.
Harassment: Defined as sending threatening or harassing
e-mail after being requested to stop, is prohibited. Extremely threatening
or harassing e-mail is not allowed and is against the law.
Fraud: Defined as incorporating a false subject line,
false return address or false transmission path into any e-mail sent using
Webtrix Designs' Service.
Inappropriate e-mail Activities:
Newsgroup spamming:
Defined as excessive cross-posting, or posting the same article to several
newsgroups. This is prohibited. Generally accepted standards allow no more
than 5 newsgroups, or cross-postings, for a single article or
substantially similar articles. Such articles will be deleted. You are not
allowed to use your Webtrix Designs' based e-mail to SPAM the newsgroups.
Off topic or inappropriate postings: There is no
restriction on content, except as defined by each newsgroup. Continued
posting of off-topic articles is prohibited. Please note that commercial
advertisements are off-topic in the vast majority of newsgroups.
We take a very strict line against SPAM. It is one of the most annoying
things encountered on the Internet. Any Webtrix Designs customer found to
be spamming will have his or her account deleted. If we find that you have
violated our Guidelines, we will report you and the incident to the proper
local, state and federal authorities.
We are not attempting to censor, nor are we attempting to curtail the
business of our customers. But as a whole, spamming hurts the Internet,
our members and Webtrix Designs more than it helps the spammer.
To report a case of SPAM, direct all email to:
abuse@webtrix.net
Bandwidth Usage.
As determined on the
15th day of each calendar month: Should a customer exceed the monthly
bandwidth allocation, as specified by their chosen package, an overage
charge will be calculated and billed at the end of the calendar month.
Bandwidth overage charges for accounts that exceed their allocation, will be
charged at a rate of $1.50 per gigabyte (GB) rounded up, per month. An email
will be sent to any customer whose bandwidth utilization has reached or
surpassed 75% of their monthly limit. Webtrix Designs is not responsible for
email messages not received the customer.
Disk Space Usage.
As determined on the 15th
day of each calendar month: Should a customer exceed their disk space
allocation, as specified by their chosen package, an overage charge will be
calculated and billed at the end of the calendar month. Disk space overage
charges for accounts that exceed their allocation, will be charged at a rate
of $0.50 per megabyte (MB) rounded up, per month. An email will be sent to
any customer whose disk space utilization has reached or surpassed 75% of
their monthly limit. Webtrix Designs is not
responsible for email messages not received by the customer.
3.0 Your Obligations
Registration Information. You must register for Webtrix Designs' Services
using your own name. During the sign up process, you will be asked to
provide the name or number you wish to use as your login identification.
If the login identification you request is not available you will be asked
to supply another login identification. Webtrix Designs may wish to verify
the accuracy of the information you submit in connection with your
registration for Webtrix Designs' Services and you hereby consent to
Webtrix Designs contacting you or using other means to verify such
information.
Other Charges. You are responsible for any charges related to use of Your
Webtrix Designs' Services account, including charges for any purchases
made through use of Webtrix Designs' Services and any surcharges incurred
while using any supplemental services or features other than Webtrix
Designs' Services which apply a surcharge. You are responsible for all
amounts charged by your telephone company for all calls you make to
Webtrix Designs' customer support lines and to access Webtrix Designs'
Services. If you bypass, defeat or disable any portion of the Webtrix
Designs' system, then you will be assessed, and you agree to pay Webtrix
Designs', a monthly fee of $1500.00 for as long as you maintain an account
for Webtrix Designs' Services. Payment of this fee will not however excuse
any criminal or other civil liabilities that may result from your actions
or limit Webtrix Designs' right to suspend or terminate your account for
Webtrix Designs' Services.
Accessing Webtrix Designs' Services. You are responsible for obtaining and
maintaining, at your own expense, all input/output devices or equipment
(such as modems, computer equipment and software) and communications
services (including, without limitation, long distance or local telephone
services) necessary to access Webtrix Designs' Services and for ensuring
such equipment and services are compatible with Webtrix Designs'
requirements.
Use Of Your Webtrix Designs' Account. You are responsible for all use of
your account and for the security of your login identification and your
password you use to protect access to your data, your file name(s) and
files, network and user access, and any information you disseminate
through use of Webtrix Designs' Services or through other Internet
services. You may not transfer or permit any other person to use your
account for Webtrix Designs' Services without written consent being sent
to Webtrix Designs.
Transmission and Receipt of Content Webtrix Designs exercises no control
whatsoever over the content of information passing through its network or
equipment. It is foreseeable that disputes may arise between you and
others or between you and Webtrix Designs' related to such content. Such
disputes could involve, among other things, the use or misuse of domain
names, the infringement of copyrights, trademarks or other rights in
intellectual property, defamation, fraud and the use or misuse of
information. you agree that all claims, disputes or wrongdoing which
result from or which are related in any way to the content of information
that you transmit, re-transmit or receive through Webtrix Designs' network
or equipment are your sole and exclusive responsibility. Webtrix Designs'
may elect to terminate your account if you use Webtrix Designs' Services
to display, transmit or distribute copyrighted material without a license,
valid defense or fair use to do so. Upon receiving notice that your
account has been used for infringing activities, Webtrix Designs may or
may not issue one warning to you that your account may be terminated
without further notice upon a subsequent occurrence of infringement,
whether inadvertent or not.
4.0 Indemnification of Webtrix Designs
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD WEBTRIX DESIGNS AND ITS AFFILIATES
HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES
AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND
COURT COSTS) (COLLECTIVELY, "CLAIMS") ARISING OUT OF OR RELATING TO YOUR
BREACH OF ANY OF THESE TERMS AND CONDITIONS OR USE (BY YOU OR ANY THIRD
PARTY) OF WEBTRIX DESIGNS' SERVICES THROUGH THE WEBTRIX DESIGNS' ACCOUNT
ASSIGNED TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM
WEBTRIX DESIGNS' OWN NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION
SHALL SURVIVE ANY TERMINATION OF THESE TERMS AND CONDITIONS OR OF WEBTRIX
DESIGNS SERVICES PROVIDED TO YOU.
5.0 Warranty Disclaimers
YOU ACKNOWLEDGE THAT WEBTRIX DESIGNS' SERVICES ARE PROVIDED "AS IS, AS
AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION,
ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF
WEBTRIX DESIGNS' SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF
ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF WEBTRIX DESIGNS'
SERVICES OR THAT WEBTRIX DESIGNS' SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE. WEBTRIX DESIGNS' DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6.0 Limitation of Webtrix Designs' Liability
IN NO EVENT SHALL WEBTRIX DESIGNS BE LIABLE UNDER ANY SECTION OF THESE
TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF
USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF
BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT WEBTRIX DESIGNS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. WEBTRIX DESIGNS' SHALL
NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR
TECHNOLOGY AND IN NO EVENT SHALL WEBTRIX DESIGNS' LIABILITY TO YOU EXCEED
ONE HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT
OF THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU OR WEBTRIX DESIGNS
MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
Some jurisdictions do not allow a limitation on liability for negligence
that causes death or personal injury and, in such jurisdictions, Webtrix
Designs' liability shall be limited to the greatest extent permitted by
law.
7.0 Miscellaneous
Forces beyond our control. Webtrix Designs' shall not be liable for
nonperformance or delay in performance caused by any event its beyond its
reasonable control including, but not limited to wars, hostilities,
revolutions, riots, civil commotion, national emergency, strikes,
lock-outs, unavailability of supplies, epidemics, fire, flood, earthquake,
force of nature, explosion, embargo, or any other Act of God, any law,
proclamation, regulation, ordinance, or other act or order of any court,
government or governmental agency or delays, unavailability, errors or
other failures of the Internet or other data networks.
Entire Agreement. These Terms and Conditions, the License Agreement and
the Guidelines (the terms of which are hereby incorporated by reference)
together constitute the sole agreement between Webtrix Designs and you
respecting the subject matter hereof and fully supersede any and all other
agreements, either oral or in writing. You acknowledge and agree that You
have read these Terms and Conditions, the License Agreement and the
Guidelines and understand their terms.
Legal Actions. These Terms and Conditions will be governed by and
construed in accordance with the laws of the State of California,
excluding its conflict of laws principles. The application of the United
Nations Convention of Contracts for the International Sale of Goods is
expressly excluded. The exclusive personal jurisdiction of and venue for
all disputes arising out of these Terms and Conditions shall be the state
and federal courts located in Orange County, California, USA and You
consent to such jurisdiction and waive all objections to such jurisdiction
and venue.
Severability. If any provision of these Terms and Conditions is held to be
unenforceable for any reason, such provision shall be reformed only to the
extent necessary to effect the original intentions of the parties, and the
remainder of these Terms and Conditions shall remain in full force and
effect.
No Waiver. Any failure of Webtrix Designs to enforce any provision of
these Terms and Conditions shall not constitute a waiver of any rights
under such provision or any other provision of these Terms and Conditions.
8.0 How to Contact
Us
Specific questions about these Terms and Conditions should be directed to:
SiteBuilders@Webtrix.net
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