Services and Conditions of Use
As part of our service, we agree to provide you with information and
other services that we may decide to offer, subject to the terms of
this agreement. Upon notice published through the service, we may modify
this agreement at any time. You agree and continue to agree to use our
services in a manner consistent with all applicable laws and regulations
and in accordance with the terms and conditions set out in the policies
and guidelines outlined below. Please note that you will be referred
to as 'customer' in this agreement.
Rules For Online Conduct
Web Hosting
A) All web accounts, web hosting plans or shell accounts must be used
by the primary owner. Customers are not permitted to share, give, rent,
or sell their accounts, unless the user you are giving your account
to is trustworthy and your willing to take on punishment if user with
your password violates a rule of ours.
B) Pornographic material and illegal material, including mp3 files
and pirated software (warez), are not permitted. Any user with this
material is subject to suspension or cancellation without refund. Although
we do not bother customer directories, if there is suspicion that you
are involved in such, your directory can be up for investigation &
search.
Bandwidth Usage
A) Website Wendy, LLC. does not guarantee unlimited bandwidth. Any customer
with any account is subject to suspension or cancellation if a large
amount of bandwidth is consumed inappropriate to the level of service
for which the user is subscribed.
Payment and Activation
A) Website Wendy, LLC. activates accounts upon request. Payment for any account
or service is due immediately. Once payment is cleared, the account
is activated.
B) Accounts will last for the amount of time ordered. Example: Customer
orders a 1 year hosting plan. The account is activated on January 12,
2003. His/her account will expire on January 12, 2004.
C) Early activations are sometimes offered to customers. If a customer
receives an early activation payment is expected five (5) days after
activation.
Unsolicited e-mails; Spamming
Spamming is prohibited on Website Wendy, LLC.' servers. Any user who conducts
this activity will be removed from the server without a refund. This
includes, but is not limited to, mass e-mailing, unsolicited e-mail,
commercial advertisements in e-mail, and spamming newsgroups and applies
to both web hosting and shell accounts.
Unauthorized Entrance to Website Wendy, LLC.' servers
A) The sharing of account passwords is prohibited. The penalty for
such activity is possible suspension and/or cancellation without refund.
B) Any person who illegally accesses an Website Wendy, LLC. server, or uses
a Website Wendy, LLC. account for such activity, will result in account suspension/cancellation.
Legal proceedings and charges may be pursued depending on the severity
of the offense.
C) Password cracking, port scanning, and other related activities are
prohibited. Account is subject to suspension/cancellation if any of
these processes are found.
Cancellation - Suspension - Termination of Service
Customer Cancellation must be recieved in writing prior to their renewal
date. Proof of account ownership must be included, such as the last
4 digits of the billing credit card on file.
Website Wendy, LLC. reserves the right to suspend service of any account
more than 3 days past due. If payment is not recieved, or arrangements
have been made after 15 days, we reserve the right to remove your account
from our servers.
Website Wendy, LLC. reserves the right to terminate service at any time.
A portion of fees paid in advance of termination will be pro-rated
and paid by
Website Wendy, LLC. if Website Wendy, LLC. institutes it's right of termination.
Any
violation of policies which results in extra costs will be billed
to the customer (i.e. transfer, space etc.)
REINSTATEMENT FEE. Prior to and as a condition of resuming service,
suspended hosting accounts may be charged an account reinstatement
fee of $20.00. . Additionally, Website Wendy, LLC. reserves the right to
refuse to extend credit to any account that has become delinquent,
even after the outstanding balance is paid. Website Wendy, LLC. may require
that a 'pay-by-check' account be converted to an alternate
payment
method (such as credit card billing, auto-debit, or advance payment)
prior to and as a condition of reinstatement. Website Wendy, LLC. reserves
the right to require conversion of any outdated or "grandfathered" account
as a condition of reinstatement. In addition, due to credit card fraud
and potential for fraudulent disputes, suspended account holders may
be required to sign a reinstatement
agreement.
REFUND POLICIES
Hosting Fees - 30 day guarantee
If you initiate a yearly agreement for hosting services with Website Wendy, LLC and wish to cancel, you may do so within 30 days for a full refund. Monthy hosting agreements, for the first 10 days of your initial start date, we will issue a full refund. If you have been a continual customer for more than 30 days and are paying monthly, but wish to cancel, you must do so PRIOR to the next month's billing cycle.
Domain
Registration Fee is NOT refundable.
In the event you should wish to cancel an order placed with Website Wendy, LLC., you
understand that any and all fees charged for domain registrations are NON-refundable. Once
a domain is registered, there is no way to cancel the registration, it must expire
naturally after the term for which it was registered.
By submitting an order requesting a new domain
registration, you agree to forfeit the right to any and all fees charged for
said domain registration. This amount is not to exceed $12.50 US.
Should you request a chargeback from your credit card company, ownership of the
domain will be transfered to Website Wendy, LLC..
Design Fees
are NOT refundable.
If Website Wendy, LLC. has performed design or web development (forms, database programming)
work on your behalf, money charged for this work is NOT refundable. Should you
ever cancel your account with Website Wendy, LLC., you will be sent, complete copies
of all completed/paid in fullwork - either by email or on a CD via snail mail.
Backups/Recovery
Website Wendy, LLC. makes weekly backups of all critical data in compressed
format to remote servers. The purpose of these backups is intended
for disaster recovery only. Examples of need for recovery would be
in the event of a hardware failure or other severe data compromisation.
Backups are not created for customers to request single file or directory
restorations due to accidental deletion/error on the part of their
webmaster. If such a request is made, please be aware that we will
charge a minimum of $75 for the restoration. The same rules apply for
database recovery. Should you wish to have backups of your data made
more frequently, please email support@websitewendy.com with the details
of your needs and we will reply with a quote.
Intellectual Property Rights
Material accessible to you through Website Wendy, LLC. 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
Website Wendy, LLC. 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 Website Wendy, LLC. network.
If you use a domain name in connection with Website Wendy, LLC. 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 Website Wendy, LLC. 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. FWebsite Wendy, LLC. 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 be solely responsible
for the final calculation and application of shipping and sales tax.
You will also be solely responsible for accepting, processing, and filling
any customer orders, and for handling any customer inquiries or complaints
arising therefrom.
Although, we set up and configure ecommerce software, you are 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. Credit Card information should never be sent to or stored on the website database, and we do not condone such practices. Your account may be terminated by us immediately if we learn this is occuring.
PCI COMPIANCE NOTICE: we do NOT claim PCI compliance for servers hosting customer accounts at this time. You are responsible for any and all compliancy claims to your merchant provider and/or gateway.
Static / Dynamic Content Caching
You expressly (i) grant to Website Wendy, LLC. a license to cache the entirety
of your Web Site, including content supplied by third parties, hosted
by Website Wendy, LLC. 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
Website Wendy, LLC. shall maintain and control ownership of all IP numbers
and addresses that may be assigned to you by Website Wendy, LLC. and Website Wendy, LLC.
reserves, in its sole discretion, the right to change or remove any
and all such IP numbers and addresses.
Domain Name Registration
Customer agrees to pay Website Wendy, LLC. prior to the effectiveness of
the desired domain name registration, the then-current amounts set forth
in the Website Wendy, LLC. 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. Website Wendy, LLC. 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 Website Wendy, LLC. 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)
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 Website Wendy, LLC. 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.
Website Wendy, LLC. will reinstate Customer's domain name registration solely
at Website Wendy, LLC. discretion, and subject to our receipt of the initial
registration or renewal fee and our then-current reinstatement fee.
Trademarks
All trademarks appearing on the Website Wendy, LLC. services websites are
trademarks of their respective owners.
Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN
RISK. SERVICES ARE PROVIDED 'AS IS,' WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION,
SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION
WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED
TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY,
WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1)
ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION,
PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY
ACKNOWLEDGES THE SERVICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE
RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER THE SERVICE NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS
TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY
TO ALL CONTENT ON THE SERVICE.
Lawful Purpose
Website Wendy, LLC. reserves the right to refuse service to anyone. Customers
may only use Website Wendy, LLC. 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 Website Wendy, LLC. management.
Regardless of the place of signing this agreement, the client agrees
that for purposes of venue this contract was entered into in Las Vegas, NV, and any dispute will be litigated or arbitrated
in Las Vegas, NV. Defendants further waive all objections
to venue and acknowledge that venue in any such litigation will be held
in Clark County courts. IN NO EVENT SHALL Website Wendy, LLC.' MAXIMUM LIABILITY
EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold harmless
Website Wendy, LLC. from any and all demands, liabilities, losses, costs and
claims, including reasonable attorney's fees asserted against Website Wendy, LLC.,
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, its agents, employees or assigns. Customer
agrees to defend, indemnify and hold harmless Website Wendy, LLC. against
liabilities arising out of; (1) any injury to person or property caused
by any products sold or otherwise distributed in connection with Website
Wendy, LLC. servers; (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 Website Wendy, LLC. servers.
Assignment
This TOS/policy statement may be assigned by Website Wendy, LLC. It may not be assigned by you. These policies shall bind and insure to the benefit of the corporate successors and permitted assignees of the parties.
Disclaimer
Website Wendy, LLC. will not be responsible for any damages your business
may suffer. Website Wendy, LLC. makes no warranties of any kind, expressed
or implied for services we provide. Website Wendy, LLC. disclaims any warranty
or merchantability or fitness for a particular purpose. The includes
loss of data resulting from delays, non deliveries, wrong delivery,
and any and all service interruptions caused by Website Wendy, LLC. and its
employees. Website Wendy, LLC. reserves the right to revise its policies at
any time.
