 |
This agreement represents the complete agreement
and understanding between Web Hosting Logic and the account holder
(hereinafter called Customer) and supersedes any other written or
oral agreement. Upon notice published on-line via Web Hosting Logic
services, Web Hosting Logic may modify these terms and conditions,
amplify them, and/or modify the prices, as well as discontinue or
change services offered.
If you do not agree to these terms and conditions,
please notify our Billing Department at 1-866-945-4678 so we can
initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute
your approval.
1)
Web Hosting Logic makes no warranties of any kind, whether expressed
or implied, for the service it is providing. Web Hosting Logic also
disclaims any warranty of merchantability or fitness for a particular
purpose. Web Hosting Logic will not be responsible for damages the
customer suffers. This includes loss of data resulting from delays,
non-deliveries, misdeliveries, or service interruptions caused by
its own negligence, subscriber's errors or omissions, or due to
the fault of third parties.
2) Services provided to the Customer by Web Hosting Logic may only
be used for lawful purposes. Transmission or publication of any
information, data or material in violation of any U.S. Federal or
state regulation or law is prohibited. This includes, but is not
limited to, material protected by copyright, trade secret or any
other statute, threatening material or obscene material. Web Hosting
Logic reserves the right to remove any and all materials which infringe
on copyright work. Such materials will be removed at any time upon
receiving a complaint and or notice of copyright infringement.
3) Customer agrees to defend, hold harmless and expeditiously indemnify
Web Hosting Logic from any liability, claim, loss, damage or expense
arising out of the indemnifying party's breach or violation of any
covenant contained in this Policy and resulting from the Customer's
use of the service.
4) Web Hosting Logic accounts cannot be transferred or used by anyone
other than the subscriber. Customers may not sell, lease, rent or
assign the connection or parts of the connection to any party not
named in this Policy. Customer may allow ftp access to its server
and host web sites for its customers without violating this Policy.
Network bandwidth charges in excess of allocated amount will be
assessed from access log reports generated by the HTTPD server.
5) Web Hosting Logic reserves the right to cancel service for any
reason without prior notice. In case of cancellation, unused fees
may be returned to the subscriber on a pro-rata basis. Any fees
for setup and the first month's service are not refundable.
If a customer re-registers after Web Hosting Logic's cancellation
of the account without Web Hosting Logic's written consent, Web
Hosting Logic will cancel Customer's account and all dues and fees
paid to date regardless of whether service has been rendered will
be forfeited. Additionally, any amounts due will be immediately
payable.
6) Setup fees if any are not refundable.
7) At the time of account cancellation, a Cancellation Code will
be provided. If accounts are billed in error after the Cancellation
date, credits will only be issued with a valid Web Hosting Logic
Cancellation Code. If cancellation is done in writing, it will be
the responsibility of the Customer to contact Web Hosting Logic
for the Cancellation Code.
8) Additionally, CUSTOMER agrees not to utilize the Web Hosting
Logic service, equipment or email address in connection with the
transmission of the same or substantially similar unsolicited message
to 50 or more recipients or eight or more newsgroups in a single
day. CUSTOMERS responsible for violating this clause of the Web
Hosting Logic Acceptable Use Policy will be fined $100 per message.
Payment by CUSTOMER under this provision shall not prevent Web Hosting
Logic from seeking other legal remedies against CUSTOMER.
9) Customer agrees not to transmit, promote, or otherwise make available
any software, product or service that is either illegal or designed
to violate this Agreement. Such software, products or services include,
but are not limited to, programs designed to send unsolicited advertisements
(i.e. "spamware") and services which send unsolicited
advertisements.
10) Web Hosting Logic requires that its agreements be made with
a person who is qualified to contract. As such, subscriber must
be over the age of eighteen (18) years. Otherwise, a parent or guardian
must accept this agreement and enclose the proper payment. Web Hosting
Logic cannot accept payments from persons who are not at least eighteen
(18) years of age, nor can we accept agreements from persons who
are not at least eighteen (18) years of age.
11) Customer shall ensure that its use of Web Hosting Logic's network
services shall not disrupt Web Hosting Logic, its associated networks
or equipment forming part of the systems. In instances in which
an excessive amount of system resources are utilized by a subscriber,
Web Hosting Logic reserves the right to place CPU process limits
on the Customer's account to prevent disruption of service to other
customers. Customers shall not transmit any communication where
the meaning of the message, or its transmission or distribution,
would violate any applicable law or regulation or would likely be
offensive to the recipient thereof. No message may be mass distributed,
"broadcast," or otherwise sent on an intrusive basis to
any Web Hosting Logic user or to any directly or indirectly attached
network. Use of Web Hosting Logic's connection in a manner that
is disruptive, damaging, unlawful, offensive, or intrusive as determined
by Web Hosting Logic shall be considered a breach of this Policy
and may result in cancellation of service. This prohibition extends
to sending of unsolicited mass mailings from another service which
in any way implicates the use of Web Hosting Logic's service, Web
Hosting Logic's equipment or any site hosted on any Web Hosting
Logic network.
12) Customer warrants that any material submitted for publication
on Web Hosting Logic does not violate or infringe any copyright,
trademark, patent, statutory common law or proprietary interest
of others or contain anything obscene or libelous. Web Hosting Logic
reserves the right to remove any and all materials which infringe
on copyright work. Such materials will be removed at any time upon
receiving a complaint and or notice of copyright infringement.
13) If Web Hosting Logic becomes aware of material that could be
infringing on a third party's copyright, it will initiate an investigation.
To conduct an investigation of copyright infringement, the Complainant
must submit at least two items. First, Complainant must submit a
claim in writing with the applicable copyright or trademark registration
number and a copy of the underlying copyrighted work along with
the Customer's materials. Second, Complainant must offer a good
faith certification signed under penalty of perjury. This certification
must state that the work is the property of the Complainant, that
the work has been copied and that use of the work is not defensible.
With this information in-hand, Web Hosting Logic, at its discretion,
may, at any time deny access to the challenged material of Customer.
14) Use of other organizations' networks or computing resources
is subject to their respective permission and usage policies.
15) For all new domains, there are registration fees for a period
of 1 year or more for each domain name. Unless contracted, Web Hosting
Logic does not assume responsability for the registration fees of
any domain name in which Web Hosting Logic provides network services.
16) Use of Web Hosting Logic's hosting services could involve listing
subscriber's participation in relevant directories, and subscriber
expressly grants permission for such listings.
17) Although all hosting plans contain an exceptional amount of
data transfer, each plan is subject to a surcharge in the event
usage exceeds the allotted free bandwidth for that plan. Customer
is responsible for charges related to bandwidth exceeding the plan's
allotted data transfer.
18) If you believe that your work has been copied in a way that
constitutes copyright infringement by a Web Hosting Logic customer
("the Customer"), you ("the Complaining Party")
must first provide Web Hosting Logic's with the following information
in writing ("the Notification"): an
electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest that is allegedly
infringed;a description of the copyrighted work that you claim has
been infringed; if multiple copyrighted works at a single site are
covered by a single notification, then include a representative
list of such works at that site;a description of where the material
that you claim is infringing is located on the site sufficient to
permit us to locate the allegedly infringing material;your address,
telephone number, and email address; a statement that you have a
good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; a statement by you, made
under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf. Web Hosting Logic's Copyright
Agent for Notice of claims of copyright infringement on its site
can be reached as follows
By mail:
Copyright Agent
c/o Web Hosting Logic
P.O. Box 2152
Sunnyvale, CA 94087
copyright@webhostinglogic.com
Upon receipt of the written Notification containing
the above information by the Complaining Party, and only upon receiving
such Notification, Web Hosting Logic will: Remove or disable access
to the material that is alleged to be infringing; Forward the written
notification to the alleged infringer ("the Customer");
Take reasonable steps to promptly notify the Customer that it has
removed or disabled access to the material. In response, the Customer
may send a "Counter-Notification" to Web Hosting Logic.
To be effective, the Counter-Notification must be in writing and
include the following information: The Customer's physical or electronic
signature; Identification of the material that has been removed
or to which access has been disabled and the location at which the
material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the Customer has a good
faith belief that the material was removed or disabled as a result
of a mistake or misidentification of the material to be removed
or disabled; The Customer's name, address, and telephone number,
and a statement that the Customer consents to the jurisdiction of
the Federal District Court in which the address is located, or if
the Customer is outside the United States, for any judicial district
in which Web Hosting Logic may be found, and that the Customer will
accept service of process from the person or his agent who provided
the original Notification. Upon receipt of the written Counter-Notification
containing the above information by the Customer, and only upon
receiving such Counter-Notification, Web Hosting Logic will: Provide
the Complaining Party with a copy of the Counter-Notification; Inform
the Complaining Party that it will replace the removed material
or cease disabling access to it within ten (10) business days; Replace
the removed material or cease disabling access to the material within
ten (10) to fourteen (14) business days following receipt of the
Counter-Notification, provided Web Hosting Logic's Copyright Agent
has not received notice from the Complaining Party that an action
has been filed seeking a court order to restrain the Customer from
engaging in infringing activity relating to the material referenced
in the Notification.
19) Any party seeking to report any other potential violations of
this Agreement may contact Web Hosting Logic via e-mail at abuse@webhostinglogic.com
20) Transferring your domain to another provider does not constitute
canceling your Web Hosting Logic account. You must notify Web Hosting
Logic to formally cancel your account with Web Hosting Logic to
avoid further charges.
21) On occasion, Web Hosting Logic may have a need to communicate
with its customers through e-mail issues related to billing, as
well as changes, additions and modifications to the network. It
is the responsibility of the customer to check e-mail sent to the
primary login e-mail address on the account.
22) It is the responsibility of the customer to contact Web Hosting
Logic of any changes to their account, such as phone number, address,
credit card information, etc. Customers will be required to provide
verification for security purposes authorizing them to make any
changes to that account.
|
