The Duration: Effective December 12, 1995 through 2004
This Service Agreement and Acceptable Use Policy (“Agreement”) governs your access to and use of facilities, services or resources (“Services”) owned and operated by Web Space Hosting. This Agreement is between Web Space Hosting and any party (the “User,” also referred to herein as “you,” “your,” etc., and if the User is accessing or using the Services for any reason other than personal, individual use, then “you,” “your,” etc., also means the company, or other entity, that such party is accessing or using the Services on behalf of, and its officers, directors, members, employees, agents, contractors, successors and assigns) accessing or otherwise using the Services. By accessing and/or using the Services you acknowledge, and assent to be bound by the policies, terms and conditions set forth herein in their entirety without limitation or qualification, as well as all applicable laws and regulations, as if you had handwritten your name on a contract.
We will rely on the complaints from any of the following:
Other Users on WebspaceHosting system
Users on other hosts on the Internet
Any other information we may receive
We will take immediate action against any WebspaceHosting Subscriber who abuses any WebspaceHosting facilities, services or resources. WebspaceHosting will review all complaints or instances of inappropriate utilization of facilities, services or resources. WebspaceHosting will decide at its sole discretion what action is to be taken, including the termination of account services. If you have any complaints about other Subscriber’s utilization of WebspaceHosting’s services or facilities please contact us at once.
This agreement must be signed in the legal name of the Subscriber and (if you choose to have one) the legal name of the Authorized Representative. By using WebspaceHosting facilities, services or resources, Subscriber is indicating acceptance to the terms and conditions set forth in this document. All Subscribers must include the business mailing address. All Subscribers must be of legal age and may be required to provide proof of age. No users under the age of 18 are permitted. As a Subscriber, you may not resell this service or access to this service in any way unless prior arrangement has been made.
As a Subscriber you may have an additional Authorized Representative who is vestedwith the same authorities as the Subscriber. For your protection, WebspaceHosting will never release information to other parties unless required to do so by the appropriate authorities. Prior to such disclosure, WebspaceHosting will make a reasonable effort to notify the Subscriber or the Authorized Representative.
Your account may be used by yourself, members of your immediate family or an Authorized Representative of your company. Use of your account by someone other than yourself, immediate family members or an Authorized Representative of your company may cause your service to be terminated. Concurrent logins of the same account are not permitted. Unattended use of your account (line camping) is strictly prohibited. Processes run by your account must be run interactively. Unattended processes will be terminated. Bots and spamming are not allowed.
WebspaceHosting services are provided on an as available basis and WebspaceHosting makes no warranties of any kind, whether expressed or implied in connection with the products or services provided hereunder. WebspaceHosting Internet Services SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. Neither WebspaceHosting nor WebspaceHosting officers, employees, directors, agents or staff shall be responsible for any liability or damages you suffer or others may suffer, which arise out of or relate in any way to this Agreement or your use of other’s use of the services provided hereunder. This includes, but is not limited to, any liability for lost profits, loss of opportunity, loss of data, or any other loss including that which may result from any use, misuse, delay, non-deliveries, mis-deliveries, service interruptions, negligence, errors or omissions. Use of any information obtained via WebspaceHosting’s network is at your own risk. WebspaceHosting specifically deny any responsibility for the accuracy or quality of information obtained through our services
Policy on SPAM
- E-Mail. Users may not send unsolicited e-mail messages (i.e., not explicitly requested by the recipient), whether or not the practice causes complaints from recipients, including, without limitation, bulk commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious tracts (“SPAM”), in a way that could be expected to adversely impact WebspaceHosting.com, including, without limitation, using an e-mail account on or through the WebspaceHosting.com network to send spam, or using the service of another provider to send spam or to promote a site hosted on or connected to the WebspaceHosting.com network, either directly or indirectly. Users may not use the WebspaceHosting.com network to: send e-mail messages that are excessive and/or intended to harass or annoy others, especially if the recipient has made a request to cease and desist; use the account to collect responses from unsolicited bulk or commercial e-mail sent from accounts with other providers; forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings; continue to send e-mail messages to a recipient who has indicated that he/she does not wish to receive them; send e-mail with forged or missing TCP/IP packet-header information; engage in “mailbombing” (sending large quantities of unwanted or unsolicited e-mail to individual e-mail accounts or copies of a single message to many e-mail accounts); and/or send or receive e-mail messages in a manner that violates the use policies of the recipient’s Internet Service Provider.
System Use Policies:
It is the responsibility of all WebspaceHosting Subscribers and their constituents who have access to WebspaceHosting and to the networks of other providers, to comply with the WebspaceHosting Service Agreement & Acceptable Use Policy and the acceptable use policies governing those networks.
Streaming Audio and Video “cams”.
All streaming uploads and downloads must go through http, port 80. We do not allow streaming video via FTP. Any account member that streams audio video through FTP will be notified once by email about this policy before the account goes into suspension.
Use WebspaceHosting facilities, services or resources in a manner which does not violate any applicable laws or regulations;
Respect the privacy of other users, and to not intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other users without permission;
Respect the legal protection provided by copyright, trademark, licenses and other laws to programs, data and documents. You may not upload to WebspaceHosting any data or software that is subject to distribution or copyright limits. You have the sole liability for any data or software uploaded to WebspaceHosting.
Minimize un-authenticated or anonymous access accounts and the transmission or distribution of messages or articles from those accounts;
Use WebspaceHosting facilities, services or resources in a manner which does not interfere with or disrupt other network users, services or equipment. Such interference or disruption includes, but is not limited to:
Wide-scale distribution of messages to inappropriate forums or mailing lists,
Propagation of computer worms or viruses
Use of the network to make unauthorized entry to other computational, information or communications devices or resources.
This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
All users are expected to use good judgment. A flexible, friendly atmosphere can be maintained if every Subscriber uses the service with care. As the Subscriber, you are responsible for actions taken by your account and are required to follow all applicable laws and statutes.
Account Suspension/Cancellation Terms and Conditions:
Unless under contractual obligation, WebspaceHosting Subscribers have the right to cancel their accounts at any time, for any reason.
WebspaceHosting reserves the right to suspend and/or cancel any WebspaceHosting account in accordance with the provisions of this Service Agreement & Acceptable Use Policy or for any reason not prohibited by law.
If your account is suspended or interrupted, you are not relieved of the obligation to pay the monthly account charges. Only a written notice to cancel this agreement relieves you of future charges. If you send us written notice via E-Mail or Call our office, we will close your account as requested. Payments for pre-paid months beyond the current month shall be refunded unless under contractual obligation.
All accounts will be billed monthly for service in advance. All invoices are due and payable upon receipt unless prior arrangements have been made. Billing cycle is approximately 30 days. All returned checks will be subject to a $20.00 fee for each time they are rejected by Subscribers bank. Account access may be interrupted if a bad check is not paid in full with all applicable fees at our offices within 5 days of receipt from Subscribers bank. Subscriber agrees to make payment in full to for all WebspaceHosting amounts due according to WebspaceHosting invoice(s). Subscriber also agrees to pay WebspaceHosting, as interest, an amount equal to 1.5% per month, or the maximum provided by law (whichever is less) for invoice amounts that are greater than 60 days past due. Should Subscriber default in any such payment(s), shall WebspaceHosting have the right, without notice to Subscriber, to declare all invoice amounts due and payable.
In the event WebspaceHosting should commence any action or actions, or otherwise seek to enforce this agreement against Subscriber, Subscriber agrees to pay reasonable attorney(s) fees, court costs and other expenses incurred by ,WebspaceHosting whether or not suit is filed. WebspaceHosting reserves the right to assess legal fees, including attorney and court fees, upon any Subscriber, who by their action or inaction directly or indirectly causes WebspaceHosting to be a defendant, co-defendant or to have to testify in any civil or criminal legal action or arbitration.
This agreement is strictly confidential and is not transferable or assignable without prior written consent of WebspaceHosting. Subscriber agrees that any change in liability for any debts incurred to WebspaceHosting due to a change in Subscriber’s form of business, shall not be effective as to WebspaceHosting, until WebspaceHosting receives actual notice of the change by certified mail.
Enforcement and Violations:
Each WebspaceHosting Subscriber shall be responsible to distribute, publicize and enforce the WebspaceHosting Acceptable Use Policy at their sites. In addition, each WebspaceHosting Subscriber shall provide this policy to appropriate administrative authorities at all sites connected to theirs via connections not directly supported by WebspaceHosting.
Even though WebspaceHosting does not review, censor or edit the materials and information which are accessible on WebspaceHosting network or other networks which may be connected to the WebspaceHosting network, if WebspaceHosting becomes aware that a WebspaceHosting Subscriber is in violation of the law or this Service Agreement & Acceptable Use Policy, WebspaceHosting reserves the right to impose disciplinary action up to and including, the expulsion of the Subscriber from ,WebspaceHosting termination of WebspaceHosting services, and forfeiture of all fees paid to date. Evidence of illegal or prohibited activities may be disclosed to law enforcement authorities.
Modifications to this Policy:
Webspace Hosting reserves the right to modify this policy at any time. Subscribers will receive prompt notification of all modifications.