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Redisp.com provides web
hosting to clients throughout the world; We have a responsibility to
protect these clients and to provide the best service available. The
following guidelines were designed to insure that proper service is
rendered absolutely. The customer is responsible to check
for any changes in policy or domain name ownership contact terms
periodically.
Web Presence
Content
All services provided by First WebHosting,
Inc may be used for lawful purposes only. Transmission, storage, or
presentation of any information, data or material in violation of any
United States Federal, State or City law is prohibited. This includes, but
is not limited to, copyrighted material, material we judge to be
threatening or obscene, material protected by trade secrets and other
statutes. The subscriber agrees to indemnify and hold harmless First
WebHosting, Inc from any claims resulting from the use of the service
which damages the subscriber or any other
party.
Note: Pornography and sex related
merchandising are prohibited on First WebHosting, Inc Web Hosting
Services. This includes sites that may infer sexual content, or link to
adult content elsewhere. This is also true for sites that promote any
illegal activity or content that may be damaging to First WebHosting, Inc
servers or any other server on the internet. Links to such materials are
also prohibited. Further examples of unacceptable content or links include
pirated software, "hacker" programs or archives of "Warez Sites" or any
kinds of software or shareware like Illegal audio/video (dvd, vcd, mp3, illegal recorded samples).
Email
Spamming
Spamming, or the sending of unsolicited bulk email (UBE) or unsolicited
commercial email (UCE) to
others via the Internet or to any email address
hosted on First WebHosting, Inc servers (the
Provider), from a First WebHosting, Inc server or from an email
address that is maintained by First WebHosting, Inc is STRICTLY
prohibited. Please note that First WebHosting has implemented strong anti-spam policies. In addition to
monitoring and regulating our mail services for both incoming and outgoing
spam, a number of undisclosed policies may prevent our customers from
sending spam, and may also limit the receipt of spam email on our servers.
We will make all reasonable efforts to assist customers who find that some
legitimate emails are blocked from delivery.
None of the following will be tolerated:
- Violation of any United States federal, state, or
local SPAM-related laws.
- The sending of any unsolicited email mentioning an email address
hosted by the Provider.
- The sending of any unsolicited email mentioning a domain hosted by
the Provider. This practice, known as "Spamvertizing",
will not be tolerated.
Specifically, following definitive confirmation that you have sent SPAM
emails from our mail servers to Spamvertize your website, all Provider
associated services will be discontinued immediately. Such activities
will be reported as indicated to all relevent federal, state, and local
authorities, as well as to internet web and email authorities. In short,
do not Spamvertize your site!
- The sending of any unsolicited email mentioning an IP address utilized for hosting by the
Provider.
- The sending of any email to, from or through First WebHosting, Inc
servers constituting harassment of the intended recipient, including but
not limited to First WebHosting, Inc personnel, representatives,
associates, contractors, or customers.
- The sending of any email to, from or through First WebHosting, Inc
servers containing or implying threats of any kind toward the intended
recipient, including but not limited to First WebHosting, Inc personnel,
representatives, associates, contractors, or customers.
- The posting of references to adult sites to non-adult newsgroups.
- The posting of advertisements on IRC, ICQ, or any other public chat
system.
See the U.S. CAN-SPAM
Act of 2003, signed into U.S. law December 16, 2003. Please note
that this Act requires that email senders not forge headers, but do
include a valid return email address, and respect
'stop spam' requests from email recipients. First WebHosting,
Inc., will preemptively comply with this law. Our servers are not designed
for mass email marketing, and strong policies have been implemented to
secure this position.
First WebHosting, Inc will be the sole arbiter as to what constitutes a
violation of these
provisions, and our policies will not be compromised
under any circumstances.
Terms and Termination
This agreement shall have an initial term of
one month from the date of execution hereof, unless otherwise specified by
sign up request. Upon expiration of such term, this agreement shall
automatically renew for successive equivalent periods, unless written
notice is given by either party of its intent to terminate the agreement,
at least one week prior to the scheduled termination date. All terms and
conditions of this agreement shall be in full force and effect during all
original and renewal periods hereunder. If User does not notify Provider
of cancellation request at least 7 days in advance of date of execution by
written letter or email, the User will be responsible for the payment due
for the next equivalent period.
User has 30 days from date of account setup to be eligible for a
refund. If User requests in writing a refund in this time period, User
will receive a refund in the amount of their initial monthly payment(s).
User will not receive a refund for any setup fees. User will not receive a
refund for any other reason, including but not limited to: late
cancellation, unused time, slow connection caused by client's ISP/network,
already having logged in to his or her account many times, having used the
account for whatever reasons, or account termination for violation of
policies.
Provider reserves the right to terminate this agreement, and to delete
the web site from its hardware, immediately upon the occurrence of any of
the following events:
a. Non payment of any charges due from User.
b. Breach of any
term or condition of this agreement by User.
c. Commencement of any
lawsuit or proceeding against User arising from or relating to its use
of the web site, whether or not such suit names Provider as a party or
seeks and recovery from Provider.
d. For any reason the provider
deems justified.
Indemnification of
Provider/Relationship of Parties
User agrees to indemnify and hold Provider
harmless from any lawsuit, claim, charge, or expense, including reasonable
attorney fees and costs of defense, for any matter arising from or
relating to User's web site provided hereunder.
Nothing contained
herein shall be deemed to create a relationship between the Provider and
User in the nature of a partnership, joint venture, editor/publisher or
otherwise. Both parties acknowledge and agree that Provider has no
interaction with the data or substance of User's web site, except as
necessary to maintain the web site.
Billing
Monthly
payments must be
by credit card. Payment will be automatically deducted the first week of
each month until notice is provided in writing/email that the user wishes
to terminate services or change billing methods. Please see Terms and
Termination above) Check payments must be on a minimum of a quarterly
basis paid prior to the start of the quarter that is due. Yearly payments
are due prior to the start of the new year's service.
Payment is due each month with the first month pro-rated except for yearly payments which
will be due one year from the date you received your initial
account information - the Activation Notice. Accounts are in default if
payment is not received within 7 days after the due date. If a
subscriber's check is returned by the bank as unredeemable, the subscriber
will be deemed to be in default, and will be liable for a "returned check"
charge of $35.
Accounts in default may have their service interrupted. If service is
interrupted, and and you wish to have it re-applied, a re-connect charge
of $10.00 will be applied to the account. Such interruption does not
relieve the subscriber from the obligation to pay the monthly charge. Only
a written request to terminate your service relieves you of your
obligation to pay the monthly account charge. Accounts in default are
subject to an interest charge of 1.5% per month on the outstanding
balance. If the subscriber's state law does not allow an interest rate of
1.5% per month, the maximum allowable rate for the subscriber's state will
be charged. If the subscriber defaults, the subscriber agrees to pay First
WebHosting, Inc its reasonable expenses, including attorney and collection
agency fees, incurred in enforcing its rights under these Terms and
Conditions.
All files, information and mail under the account will be preserved for
7 days from the date the payment is in default. If the payment is not
received after 7 days, all files, information and mail under the account
will be deleted at First WebHosting, Inc's discretion. If the subscriber
wishes to use the service again, the subscriber must re-apply as a new
subscriber.
The subscriber agrees that the company has the right
to delete all data, files or other information that is stored in the
subscriber's account if the subscriber's account with the company is
terminated, for any reason, by either First WebHosting, Inc or the
subscriber.
Security/Software
User agrees to take all steps reasonable,
necessary, and prudent to protect User's login ID and
password.
User agrees not to attempt to undermine or cause harm to
any server or customer of Provider.
User acknowledges that Provider
cannot provide technical support for any software and/or script that the
User installs, other than variable name changes. User also acknowledges
Provider does not supply technical support for Microsoft
FrontPage.
Violation
Any attempt to undermine or cause harm to a
First WebHosting, Inc server or another customer's Web presence is
strictly prohibited. Any violation of the above terms or conditions will
result in grounds for account termination, with no refunds given; First
WebHosting, Inc reserves the right to remove any account without prior
notice.
Disclaimer
First WebHosting, Inc will not be responsible
for any damages your business may suffer. First WebHosting, Inc makes no
warranties of any kind, expressed or implied for services we provide.
First WebHosting, Inc disclaims any warranty or merchantability or fitness
for a particular purpose. This includes loss of data resulting from
delays, nondelivery, wrong delivery, and any and all service interruptions
caused by First WebHosting, Inc and its employees. First WebHosting, Inc
reserves the right to revise its policies at any time without prior
notification.
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