Terms of Service
WEB DESIGNING CO's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what WEB DESIGNING CO expects of them while using the service. All users of WEB DESIGNING CO's services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service). Use of WEB DESIGNING CO Service constitutes acceptance and agreement to WEB DESIGNING CO's AUP as well as WEB DESIGNING CO's TOS (Terms of Service)
Use of WEB DESIGNING CO Service constitutes acceptance and agreement to
WEB DESIGNING CO's AUP as well as WEB DESIGNING CO's TOS (Terms of Service)
IMPORTANT NOTICE: *All Payments To WEB DESIGNING CO Are Non-Refundable*
We support the uncensored flow of information and ideas over the Internet and do
not actively monitor subscriber activity under normal circumstances. Similarly,
we do not exercise editorial control over the content of any web site, e-mail
transmission, newsgroups, or other material created or accessible over or
through the services, except for certain proprietary Web sites. However, in
accordance with our TOS (Terms of Service), we may remove any materials that, in
our sole discretion, may be illegal, may subject us to liability, or which may
violate this AUP. WEB DESIGNING CO may cooperate with legal authorities and/or third
parties in the investigation of any suspected or alleged crime or civil
wrongdoing. Your violation of this AUP may result in the suspension or immediate
termination of either your WEB DESIGNING CO account or other actions as detailed in
Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understanding of WEB DESIGNING CO's
Acceptable Use Policy. The following are guidelines for the establishment and
enforcement of WEB DESIGNING CO's AUP:
Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression and exchange of information
Preserve the privacy and security of individual users
WEB DESIGNING CO intends to provide its customers
access to everything the Internet has to offer. While WEB DESIGNING CO is firmly
committed to the principles of free speech, certain activities that may be
damaging to the resources of both WEB DESIGNING CO and the Internet and cannot be
permitted under the guise of free speech. The resources of WEB DESIGNING CO and the
Internet are limited, and abuse of these resources by one user has a negative
impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of
system utilization and the preparation of billing records. However, in our
efforts to promote good citizenship within the Internet community, we will
respond appropriately if we become aware of inappropriate use of our service.
You may not use your server or virtual site to publish material, which
WEB DESIGNING CO determines, at its sole discretion, to be unlawful, indecent or
objectionable. For purposes of this policy, "material" refers to all forms of
communications including narrative descriptions, graphics (including
photographs, illustrations, images, drawings, logos), executable programs, video
recordings, and audio recordings.
If a WEB DESIGNING CO account is used to violate the Acceptable Use Policy or our TOS,
we reserve the right to
terminate your service without notice. We prefer
to advise customers of inappropriate behavior and any necessary corrective
action, however, flagrant violations of the Acceptable Use Policy will result in
immediate termination of service. Our failure to enforce this policy, for
whatever reason, shall not be construed as a waiver of our right to do so at any
time.
As a member of our network community, you must use your Internet access
responsibly. If you have any questions regarding this policy, please contact us
at
sales@webdesigningco.in.
VIOLATIONS OF WEB DESIGNING CO ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal use: WEB DESIGNING CO's services may
not be used for illegal purposes, or in support of illegal activities.
WEB DESIGNING CO reserves the right to cooperate with legal authorities and/or
injured third parties in the investigation of any suspected crime or civil
wrongdoing.
Harm to minors: Use of WEB DESIGNING CO
service to harm, or attempt to harm, minors in any way, including, but not
limited to child pornography. Any account found to host child pornography or
linking to the same will be removed from our network immediately without
notice. Upon a second violation the account will be immediately terminated
without notice. Severe cases can result in immediate termination. Any
implication of underage content or misleading information perceived to be
child pornography will result in immediate hosting suspension. All violations will be
reported to the appropriate law enforcement agency. Any account found to host
"Lolita" type content or linking to the same will be given one hour to remove
the offending content/domain. Upon a second violation the account will be
removed from our network immediately without notice. Subsequent violations can
result in the termination of the server without notice. Severe cases can
result in immediate termination. Any implication of underage content or
misleading information perceived to be underage content will result in immediate account suspension. All violations will be reported to the appropriate law
enforcement agency.
Threats: Use of WEB DESIGNING CO service to
transmit any material (by e-mail, uploading, posting or otherwise) that
threatens or encourages bodily harm or destruction of property.
Harassment: Use of WEB DESIGNING CO service to
transmit any material (by e-mail, uploading, posting or otherwise) that
harasses another.
Fraudulent activity: Use of WEB DESIGNING CO
service to make fraudulent offers to sell or buy products, items, or services,
or to advance any type of financial scam such as "pyramid schemes," "ponzi
schemes," and "chain letters."
Forgery or impersonation: Adding,
removing or modifying identifying network header information in an effort to
deceive or mislead is prohibited. Attempting to impersonate any person by
using forged headers or other identifying information is prohibited. The use
of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited
bulk e-mail (SPAM) Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. You will not use your account for any bulk-mailing carried out for a third party including and not limited to another domain off our network. If you are found to have spammed, then we will immediately, without warning, disable your account. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone website that supports spammers or cause
any of our IP space to be listed in any of the various Spam Databases will
have their account immediately removed from our network. The account will not
be reactivated until such time that you agree to remove
ANY and
ALL
traces of the offending material immediately upon reconnection and agree to
allow us access to the server to confirm that all material has been
COMPLETELY removed. Severe violations may result in immediate and
permanent removal of the server from our network without notice to the
customer. Any account guilty of a second violation
WILL be immediately
and permanently removed from our network without notice.
E-mail / News Bombing: Malicious intent
to impede another person's use of electronic mail services or news will result
in the immediate termination of the offending WEB DESIGNING CO account.
E-mail / Message Forging: Forging any
message header, in part or whole, of any electronic transmission, originating
or passing through WEB DESIGNING CO service is in violation of this AUP.
Usenet SPAMing: WEB DESIGNING CO has a zero
tolerance policy for the use of its network for the posting of messages or
commercial advertisements, which violate the rules, regulations, FAQ or
charter of any newsgroups or mailing list. Commercial messages that are
appropriate under the rules of a newsgroup or mailing list or that are
solicited by the recipients are permitted.
Unauthorized access: Use of WEB DESIGNING CO
service to access, or to attempt to access, the accounts of others, or to
penetrate, or attempt to penetrate, security measures of WEB DESIGNING CO's or
another entity's computer software or hardware, electronic communications
system, or telecommunications system, whether or not the intrusion results in
the corruption or loss of data, is expressly prohibited and the offending
account is subject to immediate termination.
Copyright or trademark infringement: Use
of WEB DESIGNING CO service to transmit any material (by e-mail, uploading,
posting, hot linking, directly linking or otherwise) that infringes any
copyright, trademark, patent, trade secret or other proprietary rights of any
third party, including, but not limited to, the unauthorized copying of
copyrighted material, the digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and the unauthorized
transmittal of copyrighted software.
Collection of personal data: Use of
WEB DESIGNING CO service to collect, or attempt to collect, personal information
about third parties without their knowledge or consent is violation of this
AUP.
Network disruptions and unfriendly activity:
Use of WEB DESIGNING CO service for any activity which affects the ability of other
people or systems to use WEB DESIGNING CO Services or the Internet. This includes
"denial of service" (DOS) attacks against another network host or individual
user. Interference with or disruption of other network users, services or
equipment is prohibited. It is the Member's responsibility to ensure that
their network is configured in a secure manner. A Subscriber may not, through
action or inaction, allow others to use their network for illegal or
inappropriate actions. A Subscriber may not permit their network, through
action or inaction, to be configured in such a way that gives a third party
the capability to use their network in an illegal or inappropriate manner.
Unauthorized entry and/or use of another company and/or individual's computer
system will result in immediate account termination. WEB DESIGNING CO will not
tolerate any subscriber attempting to access the accounts of others, or
penetrate security measures of other systems, whether or not the intrusion
results in corruption or loss of data.
Net Send Spam: The use of the net send
utility to send unsolicited bulk communication is prohibited. This technique
may result in account suspension or termination. Violations of this policy
carry termination of service.
Fraud: Involves a knowing
misrepresentation or misleading statement, writing or activity made with the
intent that the person receiving it will act upon it.
Infringement of Copyright, Patent, Trademark,
Trade Secret, or Intellectual Property Right: Distribution and/or posting
of copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses: Intentional
distributions of software that attempts to and/or causes damage, harassment,
or annoyance to persons, data, and/or computer systems are prohibited. Such an
offense will result in the immediate termination of the offending account.
Third Party Accountability: WEB DESIGNING CO
subscribers will be held responsible and accountable for any activity by third
parties, using their account, that violates guidelines created within the
Acceptable Use Policy.
Violation Of WEB DESIGNING CO Virtual Accounts:
It is absolutely forbidden to host pornographic content or IRC servers on
Virtual Server Accounts. Virtual Server Accounts found hosting this material
will be subject to immediate cancellation without refund.
IRC networks: It is absolutely forbidden
to host an IRC server that is part of or connected to another IRC network or
server. Servers found to be connecting to or part of these networks will be
immediately removed from our network without notice. The server will not be
reconnected to the network until such time that you agree to completely remove
any and all traces of the irc server, and agree to let us have access to your
server to confirm that the content has been completely removed. Any server
guilty of a second violation will result in immediate account termination.
Domains Chargeback Resolution: If the
charge for a domain or set of domains is charged back, WEB DESIGNING CO has the
right to take control of the domain or set of domains that was paid for by the
disputed charge. WEB DESIGNING CO will change the domain account information as
needed to take control of the domain or set of domains. The user is not
guaranteed to be contacted in the event that a chargeback is received.
Peer to Peer Software (File Sharing): The
use of Peer to Peer or file sharing software to permit the sharing, copying or
distribution of unauthorized copyrighted material on WEB DESIGNING CO service is
prohibited. Use of such software could result in suspension of service.
Security
You are responsible for any misuse of your account, even if the inappropriate
activity was committed by a friend, family member, guest or employee. Therefore,
you must take steps to ensure that others do not gain unauthorized access to
your account. In addition, you may not use your account to breach security of
another account or attempt to gain unauthorized access to another network or
server.
- Your password provides access to your account. It is your responsibility to keep your password secure.
- Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
- Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
- You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
- You may not 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 you, logging into or making
use of a server or account you are not expressly authorized to access, or
probing the security of other networks. Use or distribution of tools designed
for compromising security is prohibited. Examples of these tools include, but
are not limited to, password guessing programs, cracking tools or network
probing tools.
- You may not attempt to interfere with service to
any user, host or network ("denial of service attacks"). This includes, but is
not limited to, "flooding" of networks, deliberate attempts to overload a
service, and attempts to "crash" a host.
-
Users who violate systems or network security
may incur criminal or civil liability. WEB DESIGNING CO 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.
Network Performance
WEB DESIGNING CO accounts operate on shared resources.
Excessive use or abuse of these shared network resources by one customer may
have a negative impact on all other customers. Misuse of network resources in a
manner which impairs network performance is prohibited by this policy and may
result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time,
memory, disk space and session time. You may not use resource-intensive programs
which negatively impact other customers or the performances of WEB DESIGNING CO
systems or networks. WEB DESIGNING CO reserves the right to terminate or limit such
activities.
REPORTING VIOLATIONS OF WEB DESIGNING CO AUP
WEB DESIGNING CO requests that anyone who believes that there is a violation of this
AUP direct the information to the Abuse Department at
sales@webdesigningco.in.
If available, please provide the following information:
-
The IP address used to commit the alleged
violation
-
The date and time of the alleged violation,
including the time zone or offset from GMT
-
Evidence of the alleged violation
E-mail with full header information provides all
of the above, as do system log files. Other situations will require different
methods of providing the above information. WEB DESIGNING CO may take any one or more
of the following actions in response to complaints:
-
Issue written or verbal warnings
-
Suspend the Member's newsgroup posting
privileges
-
Suspend the Member's account
-
Terminate the Member's account
-
Bill the Member for administrative costs and/or
reactivation charges
-
Bring legal action to enjoin violations and/or
to collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
WEB DESIGNING CO reserves the right to revise, amend, or modify this AUP, our TOS
(Terms of Service) and our other policies and agreements at any time and in any
manner. Notice of any revision, amendment, or modification will be posted in
accordance with our TOS (Terms of Service).
Terms of Service
WEB DESIGNING CO ("The Company") agrees to furnish services to the Subscriber,
subject to the following TOS (Terms of Service).
Use of WEB DESIGNING CO Service constitutes acceptance and agreement to WEB DESIGNING CO's
AUP as well as WEB DESIGNING CO's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of
WEB DESIGNING CO and AUP (Acceptable Use Policy). The AUP may be changed from
time to time at the discretion of the Company. Subscriber understands that
change to the AUP by the Company shall not be grounds for early contract
termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of
the state of Karnataka, India.
Disclosure to Law Enforcement: The AUP
specifically prohibits the use of our service for illegal activities.
Therefore, Subscriber agrees that the Company may disclose any and all
subscriber information including assigned IP numbers, account history, account
use, etc. to any law enforcement agent who makes a written request without
further consent or notification to the Subscriber. In addition WEB DESIGNING CO
shall have the right to terminate all service set forth in this Agreement.
Service Rates: Subscriber acknowledges
that the nature of the service furnished and the initial rates and charges
have been communicated to Subscriber. Subscriber is aware that the Company may
prospectively change the specified rates and charges from time to time. The
promotional offer is contingent upon Company achieving and maintaining its
cost of service goals including but not limited to rates charged to company by
its suppliers.
Payment: Establishment of this service is
dependent upon receipt by the Company of payment of stated charges. Subsequent
payments are due on the anniversary date of the month for that month's service
or, on the annual renewal date in case of services purchased annually.
Payments and Fees:
Checks and Drafts returned for any reason
are subject to returned item charge. Service will be interrupted on
accounts that reach 7 days past due. Service interrupted for nonpayment may
be subject to a reconnect charge fixed at the sole discretion of WEB DESIGNING CO.
Accounts not paid by due date may be subject to a late fee at
the sole discretion of WEB DESIGNING CO. If you desire to cancel
your account, please email
sales@webdesigningco.in 30 days before expiry of the account. Failure to
notify cancellation would result in services billed and payable for the next
period.
Refund and Disputes: All payments to
WEB DESIGNING CO are non-refundable. This includes any one time setup fee and
subsequent charges regardless of usage. All overcharges or billing disputes
must be reported within 30 days of the time the dispute occurred. If you
dispute a charge to your credit card issuer that, in WEB DESIGNING CO's sole
discretion is a valid charge under the provisions of the TOS and /or AUP, you
agree to pay WEB DESIGNING CO an "Administrative Fee" of not less than Rs. 2000 and
not more than Rs. 10,000. WEB DESIGNING CO reserves the right to suspend all services provided to the client in such a case till payments are settled.
Failure to Pay: The Company may
temporarily deny and suspend ALL accounts and services provided to a customer or terminate this Agreement upon the failure of
the customer to pay charges when due. Such termination or denial will not
relieve Subscriber of responsibility for the payment of all accrued charges,
plus reasonable interest and any collection fees.
Account Cancellation: Requests for
canceling accounts may be made in writing with at least 30 days notice but not
more than 60 days prior written notice and sent to
sales@webdesigningco.in
Only the authorized account holder or a authorized contact may cancel the
account. Authorized contacts are appointed only by the account holder. In the
event of cancellation, customer will automatically be billed for any excess
usage during the then-current calendar month.
Subscriber acknowledges that the service
provided is of such a nature that service can be interrupted for many reasons
other than the negligence of the company and that damages resulting from any
interruption of service are difficult to ascertain. Therefore, subscriber
agrees that the company shall not be liable for any damages arising from such
causes beyond the direct and exclusive control of the company. Subscriber
further acknowledges that the company's liability for its own negligence may
not in any event exceed an amount equivalent to charges payable by subscriber
for services during the period damages occurred. In no event shall the company
be liable for any special or consequential damages, loss or injury.
New Domain Accounts: All new webhosting
accounts involving new domains will be set up and entered into our DNS servers
within 24 hours. Due to unforeseen complications, however, this process may
sometimes require up to 7 business days.
Transfer of Domains: New webhosting
accounts which involve the transfer of a domain from another provider to
WEB DESIGNING CO will require a minimum of seven (7) days to be set up and
entered into our DNS servers. In some cases, such transfers may take up to
sixty (60) days. Due to the unpredictable nature of the transfer process, no
guarantees are made regarding the amount of time a specific transfer may take.
If the transfer of the domain is done by WEB DESIGNING CO on behalf of the
account holder a handling fee will be incurred. If the customer cancels
service during the transfer period for any reason, all charges are considered
earned.
Support Boundaries: WEB DESIGNING CO, provides
24 x 7 technical support to our subscribers. We limit our technical support to
our area of expertise. The following is our guidelines when providing support:
WEB DESIGNING CO provides support related to your server or virtual site physical
functioning. WEB DESIGNING CO does not offer tech support for application specific
issues such as cgi programming, html or any other such issue. WEB DESIGNING CO does
not provide technical support for YOUR customers. If you can email, we
encourage you to email
sales@webdesigningco.in for assistance. If you are able to get online
and have other questions, the answers may be on our support desk
here - we
encourage you to check there first. Lastly, the Help files in the program you
are using may have the answer to your question so please do investigate these
resources and send an email or create a ticket before calling tech support.
SPAM and Unsolicited Commercial Email (UCE):
WEB DESIGNING CO takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very simply this means that
customers of WEB DESIGNING CO may not use or permit others to use our network to
transact in UCE. Customers of WEB DESIGNING CO may not host, or permit hosting of,
sites or information that is advertised by UCE from other networks. In
addition, it is not acceptable to transmit bulk email through remote SOCKS,
HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection
to the destination mail servers. This technique may result in account
suspension or termination. Violations of this policy carry severe termination of service. In order to prevent unnecessary blacklisting
due to spam we reserve the right to occasionally sample bulk email being sent
from servers.
Violation of WEB DESIGNING CO's SPAM policy will
result in account suspension. Upon notification of an alleged violation of our
SPAM policy, WEB DESIGNING CO will initiate an immediate investigation (within 48
hours of notification). During the investigation, WEB DESIGNING CO may restrict
customer access to the network to prevent further violations. If a customer
is found to be in violation of our SPAM policy, WEB DESIGNING CO may, at its sole
discretion, restrict, suspend or terminate customer's account. Further,
WEB DESIGNING CO reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy violation.
WEB DESIGNING CO will notify law enforcement officials if the violation is
believed to be a criminal offense.
First violations of this policy will result in
an immediate termination. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible
for the actions of their clients over the WEB DESIGNING CO network, it is
advisable that Customers develop a similar, or stricter, policy for their
clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their
server that support spammers or cause any of our IP space to be listed in any
of the various Spam Databases will have their server immediately removed from
our network. The server will not be reconnected until such time that you agree
to remove
ANY and
ALL traces of the offending material
immediately upon reconnection and agree to allow us access to the server to
confirm that all material has been
COMPLETELY removed. Severe
violations may result in immediate and permanent removal of the server from
our network without notice to the customer. Any server guilty of a second
violation
WILL be immediately and permanently removed from our network
without notice.
Network
IP Address Ownership: If WEB DESIGNING CO
assigns Customer an Internet Protocol address for Customer's use, Customer
shall have no right to use that Internet Protocol address except as
permitted by WEB DESIGNING CO in its sole discretion in connection with the
Services, during the term of this Agreement. WEB DESIGNING CO shall control
ownership of all Internet Protocol numbers and addresses that may be
assigned to Customer by WEB DESIGNING CO, and WEB DESIGNING CO reserves the right to
change or remove any and all such Internet Protocol numbers and addresses,
in its sole and absolute discretion. Our allocation of IP addresses is
limited by ARIN's new policies. These new policies state that use of IP
addresses for IP based virtual hosts will not be accepted as justification
for new IP addresses. What this means to you is that you MUST use
name-based hosting where possible. We will periodically review IP
address usage, and if we find that clients are using IP addresses where
name-based hosting could be used, we will revoke authorization to use those
IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage: Customer
agrees that bandwidth and disk usage shall not exceed the number of
megabytes per month for the Services ordered by Customer on the Order Form
(the "Agreed Usage"). WEB DESIGNING CO will monitor Customer's bandwidth and disk
usage. WEB DESIGNING CO shall have the right to take corrective action if
Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional charges, disconnection or
discontinuance of any and all Services, or termination of this Agreement,
which actions may be taken is in WEB DESIGNING CO's sole and absolute discretion.
If WEB DESIGNING CO takes any corrective action under this section, Customer
shall not be entitled to a refund of any fees paid in advance prior to such
action. Bandwidth usage is measured on a calendar month basis. Both incoming
and outgoing traffic are counted. In the event that a customer exceeds
the included allocation, WEB DESIGNING CO may, at its sole discretion bill the
customer over usage. Unused bandwidth allocations cannot be carried over to
future months, or applied to other servers.
System and Network Security: Users are
prohibited from violating or attempting to violate the security of the
WEB DESIGNING CO Network. Violations of system or network security may result in
civil or criminal liability. WEB DESIGNING CO will investigate occurrences, which
may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are involved in such
violations. These violations include, without limitation:
Accessing data not intended for such User or
logging into a server or account, which such User is not authorized to
access.
Attempting to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without proper authorization.
Attempting to interfere with service to any
user, host or network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part
of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain
services to which such User is not entitled.
Notification of Violation:
WEB DESIGNING CO is under no duty to look at each
customer's or user's activities to determine if a violation of the AUP has
occurred, nor do we assume any responsibility through our AUP to monitor or
police Internet-related activities.
First violation: Any User, which WEB DESIGNING CO
determines to have violated any element of this Acceptable Use Policy, shall
receive an email, warning them of the violation. The service may be subject
at WEB DESIGNING CO's discretion to a temporary suspension pending a User's
agreement in writing, to refrain from any further violations.
Second Violation: Users that WEB DESIGNING CO
determines to have committed a second violation of any element of this
Acceptable Use Policy shall be subject to immediate suspension or
termination of service without further notice.
We reserve the right, to drop the section of
IP space involved in Spam or Denial-of-Service complaints if it is clear
that the offending activity is causing great harm to parties on the
Internet. In particular, if open relays are on your network or a customer's
network, or if denial of service attacks are originating from your network.
In certain rare cases, we may have to do this before attempting to contact
you. If we do this, we will contact you as soon as is feasible.
Suspension of Service or Cancellation:
WEB DESIGNING CO reserves the right to suspend network access to any customer if in
the judgment of the WEB DESIGNING CO network administrators the customer's server
is the source or target of the violation of any of the other terms of the AUP
or for any other reason which WEB DESIGNING CO chooses. If inappropriate activity
is detected, all accounts of the Customer in question will be deactivated
until an investigation is complete. Prior notification to the Customer is not
assured. In extreme cases, law enforcement will be contacted regarding the
activity. The customer will not be credited for the time the customer's
machines were suspended.
WEB DESIGNING CO reserves the right to amend its
policies at any time. All Sub-Networks, resellers and managed servers of
WEB DESIGNING CO must adhere to the above policies. Failure to follow any term or
condition will be grounds for immediate Cancellation. You will be held
responsible for the actions of your clients in the matter described on these
Terms and conditions. Therefore, it is in your best interest to implement a
similar or stricter Terms and conditions or otherwise called Acceptable Terms
of use policy.
Indemnification: WEB DESIGNING CO wishes to
emphasize that in agreeing to the WEB DESIGNING CO Acceptable Use Policy (AUP) and
Terms of Service (ToS), customer indemnifies WEB DESIGNING CO for any violation of
the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in
loss to WEB DESIGNING CO or the bringing of any claim against WEB DESIGNING CO by any
third-party. This means that if WEB DESIGNING CO is sued because of a customer's or
a customer of a customer's activity, the customer will pay any damages awarded
against WEB DESIGNING CO, plus all costs and attorney's fees.
Miscellaneous Provisions: You must
provide us with, and keep current, good contact information for you. E-mail,
fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any
provision of this Agreement by Subscriber shall not operate as or be
construed as a continuing or subsequent waiver thereof or as a waiver of any
breach of any other provision thereof.
Subscriber shall not transfer or assign this
Agreement without the prior written consent of the Company. Company may
assign Agreement at anytime without consent from or notice to Subscriber.
Company reserves right to cancel customers rights under this contract at
anytime without further obligation.
WEB DESIGNING CO takes no responsibility for any
material input by others and not posted to the WEB DESIGNING CO Network by
WEB DESIGNING CO. WEB DESIGNING CO is not responsible for the content of any other
websites linked to the WEB DESIGNING CO Network; links are provided as Internet
navigation tools only. WEB DESIGNING CO disclaims any responsibility for any such
inappropriate use and any liability to any person or party for any other
person or party's violation of this policy.
WEB DESIGNING CO is not responsible for any damages
your business may suffer. WEB DESIGNING CO does not make implied or written
warranties for any of our services. WEB DESIGNING CO denies any warranty or
merchantability for a specific purpose. This includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by WEB DESIGNING CO.
It is absolutely forbidden to host
pornographic content or IRC servers on Virtual Server Accounts. Virtual
Server Accounts found hosting this material will be subject to immediate
cancellation without refund.
Responsibility for Content: You, as
WEB DESIGNING CO's customer, are solely responsible for the content stored on and
served by your WEB DESIGNING CO server.
Windows Servers: Requirements for using
Microsoft software. Subscribers are prohibited from allowing more than five
(5) authenticated users of the Microsoft Windows Server Operating Systems
under Microsoft licensing terms and could create liability issues with
Microsoft if violated.
Customer agrees not to remove, modify or obscure any copyright, trademark or
other proprietary rights notices that appear on Software Products or that
appear during the use of Software Products. Customer further agrees not to
reverse engineer, decompile, or disassemble the Software Products.
WEB DESIGNING CO may provide you access to other third party software and/or
services ("Third Party Products ") through reseller relationships WEB DESIGNING CO
has established with certain commercial vendors, including without limitation,
Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified,
Customer understands that product support for Third Party Products is provided
by WEB DESIGNING CO and not by the Third Party Vendor. Neither WEB DESIGNING CO nor any
Third Party Vendor makes any representations or warranties, express or
implied, regarding any Third Party Products. Customer expressly acknowledges
and agrees that use of third party products is at customer's sole risk and
such third party products are provided "as is" and without representation or
warranty of any kind from WEB DESIGNING CO or any third party vendor, including
without limitation, any implied warranty of merchantability, fitness for a
particular purpose, accuracy or completeness of responses or results,
correspondence to description, or non-infringement of third party rights. To
the maximum extent permitted by applicable law, neither WEB DESIGNING CO nor any
third party vendor will be legally responsible for any damages, whether
direct, indirect, or consequential, arising from the use or inability to use
any third party product. Customer agrees to observe the terms of any license
and/or applicable end user subscriber agreement for third party products and
that customer shall be fully liable to third party vendors and WEB DESIGNING CO
with respect to any improper use of such third party products or violation of
license agreements with them and/or applicable end user subscriber agreements.