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
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.
It is the sole responsibility of the customer to verify all details and content of their website design or programming project are to their specifications and they have the legal right to use any content presented on or in their projects. It is also the customer responsibilty to maintain any licenses associated with their project unless explicitly provisioned in a project contract by Website Wendy, LLC. Failure to do so may prohibit some or all features of related works to function. Customers using our design/programming services also acknowledge that their contact information [name/email] may be shared with third party developers, which, may be necessary to maintain updates and or licenses.
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.
D) Custom programming and design fees must be paid in full before we will make said design and programming services available for live/active use, and/or supply related files to the customer. On occasision, early release accommodation will be made with at least 50% payment and any balances due per subsequent invoice agreements or due dates.
* we reserve the right to disable/suspend all/any hosting-design-programming services if payment is not paid according to invoice agreements ore due dates.
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.
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.
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 compromise. 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 email@example.com with the details of your needs and we will reply with no cost dowload options or a quote for a remote storage solution.
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.
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.
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.
Third Pary Software
*We are not responsible for any third party software.*
As we utilize third party software (ie: word press) for things such as blogs, general information websites, as well as ecommerce platforms conducting online transactions, we will install and do initial testing with you to ensure it works to your expectations, however, once your site is launched, you are responsible for ensuring the site is performing as expected. Website Wendy, LLC does not interact with customer websites for any reason without the explicit request via support ticket by the direct customer.
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.
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.
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.
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 . (5) any violations or aledged violations to the General Data Protection Regulation (GDPR) (EU) 2016/679 as effected 25 May, 2018.
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.
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.