Term of useWeb Hosting
This Agreement will govern your purchase and use of any WebSoGood.Com Services (collectively called “Package(s)” , your account will also be referred to as your “Package(s)”), ordered by you and accepted by WebSoGood.Com and explains the terms and conditions that apply to your purchase and the use of the Package(s). It is required that you register and accept this terms and conditions in order to use the Package(s). By clicking the checkbox next to the text that reads “I have read, understood and accept the Terms and Agreement” (also known as Acceptance Checkbox) you acknowledge that you have read this agreement and agree to be bound by the terms and conditions contained on this document as well as all policies and guidelines incorporated by reference. You agree that the act of submitting your order form online is equivalent to your signature. You agree that all the information you submit online is true and correct to the best of your knowledge.
If you do not agree to the terms of this document, or any of WebSoGood.Com’s terms, policies or guidelines, do not check the Acceptance Checkbox and your Package(s) will not be created. If you do not agree to the terms of any modification to ANY WebSoGood.Com document, immediately notify WebSoGood.Com of your termination of this agreement, thereby terminating your Package(s) with WebSoGood.Com Modification Agreement. WebSoGood.Com reserves the right to change or modify any of the terms and conditions contained on this document and any policy or guideline incorporated by reference at any time. From time to time it is at WebSoGood.Com reserves, in it’s sole discretion, the right to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting to WebSoGood.Com’s web site WebSoGood.Com will only post a notice of any revisions or changes to this document for thirty 30 days in the Control Panel of WebSoGood.Com’s web site WebSoGood.Com may change or modify ANY policies or guidelines without notice to you. Your continued use of WebSoGood.Com’s Package(s) will be the reflection of your cooperation and acceptance of any changes or modifications.
The Acceptable Use Policy (AUP):
Under this Agreement, Customer shall comply with WebSoGood.Com’s then current Acceptable Use Policy (“AUP”), as amended, modified or updated from time to time by WebSoGood.Com, which currently can be viewed under the terms of serive section of this web site, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. WebSoGood.Com does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Customer via the Service (the “Customer Content”). Customer Content includes content of Customer’s customers and/or users of Customer’s website. Accordingly, under this Agreement, you will be responsible for your customers content and activities on your website. Notwithstanding anything to the contrary contained in this Agreement, WebSoGood.Com may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the AUP. In the event WebSoGood.Com takes corrective action due to a violation of the AUP, WebSoGood.Com shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that WebSoGood.Com shall have no liability to Customer or any of Customer’s customers due to any corrective action that WebSoGood.Com may take (including, without limitation, Termination of Services).
The Term of this Agreement shall be as set forth in the Order Form (the “Term”). The Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE WebSoGood.Com TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the “Term”.
All charges for your Package(s) must be paid in advance according to the most current price or your previously locked in price of the Package(s). Upon registration, you must pay for your Package(s) by credit card or personal check. Upon paying for your Package(s), you thereby grant permission to WebSoGood.Com to charge any fees in accordance with your Package(s). If you choose to pay by check, you authorize WebSoGood.Com to automatically transfer money from your checking account, without invoice, via the transit and routing numbers you will supply or have supplied in the order form. If you pay by credit card, you must notify WebSoGood.Com of any changes (including, but not limited to the, number, expiration, cancellation of your card, and your billing address) to your card that may prevent WebSoGood.Com from billing you. Check and money orders can be sent on a as needed basis, worked out with a Billing Manager.
If payment is not collected by the date due, your account will be suspended, until payment is received in full. It shall be the client’s sole responsibility to assure payment is received in full and on time. If an account is suspended for insufficient payment, the client shall be responsible for contacting WebSoGood.Com and arranging alternate payment. WebSoGood.Com maintains the right to terminate Package(s) for any unpaid invoices. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve Customer from the obligation to satisfy outstanding invoices. In the event WebSoGood.Com utilizes an attorney and/or collection agency to collect any unpaid amounts, Customer shall be responsible for the payment of all of WebSoGood.Com’s attorneys’ fees, collection agency fees, and all costs in the collection of these sums.
Credit Card Disputes/Chargebacks
WebSoGood.Com has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine and immediate account termination at WebSoGood.Com’s discretion. An additional charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback. In the event WebSoGood.Com utilizes an attorney and/or collection agency to collect any unpaid amounts, Customer shall be responsible for the payment of all of WebSoGood.Com’s attorneys’ fees, collection agency fees, and other costs in the collection.
Termination Policy, Procedures & Instructions:
To terminate (also know as “cancel”) your Package(s), you must follow these instructions. Any other forms of termination will not be acceptable. You must provide WebSoGood.Com with notice of a termination at least seven (7) days before the end of the Term by sending email to admin@WebSoGood.Com. Any attempts to cancel by telephone or live chat, will be rejected and billing will continue until these instructions have been followed.
Liabilities and Obligations on Termination:
If the Agreement expires or is terminated for any reason, WebSoGood.Com is not liable to you because of such an expiration or termination for compensation or reimbursement on Package(s) of the loss of prospective profits, anticipated sales, goodwill or on Package(s) of any investment, relation to, or association with your business or for any other reason resulting from your termination or expiration. Any termination of this Agreement will not deem you exempt from past due invoices or fees that have acquired prior to the termination of this Agreement owed by you to WebSoGood.Com as provided in this Agreement.
Use of the Package(s) requires a certain amount of knowledge in the use of Internet Programming Languages, protocols and software, etc… This knowledge will vary depending on the usage and content level of your web site You or your webmaster must have the knowledge necessary to maintain your web site, as it is not WebSoGood.Com’s responsibility to advise, teach, supply or provide any such knowledge or customer support outside of the Package(s) agreed to you by WebSoGood.Com
Onwership of Website:
The legal owner of customers’ Web sites and accounts with WebSoGood.Com will be the individual or organization whose name is listed in WebSoGood.Com’s database as the owner. Customers will fully cooperate with and abide by any and all of WebSoGood.Com’s security measures and procedures in the event of any dispute over ownership of customers’ Web sites and accounts with WebSoGood.Com.
Internet Protocol (IP) Address Ownership:
If WebSoGood.Com assigns Customer an Internet Protocol (“IP”) address for Customer’s use, the right to use that IP address shall belong only to WebSoGood.Com, and Customer shall have no right to use that IP address except as permitted by WebSoGood.Com in its sole and absolute discretion in connection with the Services, during the term of this Agreement. WebSoGood.Com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by WebSoGood.Com, and WebSoGood.Com reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
User Agreement Violations:
Failure to follow WebSoGood.Com’s Agreement, policies, guidelines (collectively called “Conditions”) will result in cancellation of your Package(s). WebSoGood.Com will be the sole arbiter as to what constitutes a violation of the Conditions. WebSoGood.Com reserves the right to remove any Package(s) without prior notice. WebSoGood.Com may investigate any reported violation of the Conditions or any complaints and take any action that it deems appropriate and reasonable to protect its service, systems, facilities, and/or third parties.
Actions Taken by WebSoGood.Com:
The failure by a customer to meet or follow any of the User Agreement is grounds for account deactivation. WebSoGood.Com will be the sole arbiter as to what constitutes a violation of the User Agreement. WebSoGood.Com reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When WebSoGood.Com becomes aware of an alleged violation of its User Agreement, WebSoGood.Com will initiate an investigation. During the investigation, WebSoGood.Com may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, WebSoGood.Com may, at its sole discretion, restrict, suspend, or terminate a customer’s Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, WebSoGood.Com will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the User Agreement if it is illegal, irresponsible, or constitutes disruptive use of the Internet. WebSoGood.Com does not issue credits for outages incurred through service disablement resulting from User Agreement violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by WebSoGood.Com.
Advertising & Marketing:
Customer agrees that during the term of this Agreement WebSoGood.Com may publicly refer to Customer, orally and in writing, as a customer of WebSoGood.Com. Any other public reference to Customer by WebSoGood.Com requires the written consent of Customer.
Customers are required to use WebSoGood.Com’s service(s) responsibly. This includes respecting the other customers of WebSoGood.Com. WebSoGood.Com reserves the right to suspend and/or cancel service(s) with any customer who uses WebSoGood.Com’s Service(s) in such a way that adversely affects other WebSoGood.Com customers. While WebSoGood.Com may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, WebSoGood.Com does not monitor its customers’ communications or activities to determine whether they are in compliance with this agreement. However, when WebSoGood.Com becomes aware of any violation of this agreement or the AUP, WebSoGood.Com may take any action to stop or correct such violation, including, but not limited to, denying access to WebSoGood.Com’s services and equipment or to the Internet. In addition, WebSoGood.Com may take action against a customer or a customer of such customer because of the activities of such customer. WebSoGood.Com anticipates that customers who offer Internet services will cooperate with WebSoGood.Com in any corrective or preventive action that WebSoGood.Com deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of WebSoGood.Com policy and WebSoGood.Com reserves the right to take any such action even though such action may affect other customers of the WebSoGood.Com customer.
Disclaimer of Warranty:
Customer agrees to use all Services and any information obtained through or from WebSoGood.Com, at Customer’s own risk. Customer acknowledges and agrees that WebSoGood.Com exercises no control over, and accepts no responsibility for, the content of the information passing through WebSoGood.Com’s host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF WebSoGood.Com, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN “WebSoGood.Com PERSON”) MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WebSoGood.Com PROVIDES. NO WebSoGood.Com PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WebSoGood.Com IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CUSTOMERS VIA THE SERVICES PROVIDED BY WebSoGood.Com. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY WebSoGood.Com PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
WebSoGood.Com represents and warrants to Customer that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by WebSoGood.Com generally to its other customers for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. Customer will be deemed to have accepted such Services unless Customer notifies WebSoGood.Com, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. Customer’s sole and exclusive remedy, and WebSoGood.Com’s sole obligation, for breach of the foregoing warranties shall be for WebSoGood.Com, at its option, to re-perform the defective Services at no cost to Customer, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue Customer a credit in an amount equal to the current monthly service fees pro rated by the number of seconds in which the Services have been interrupted. WebSoGood.Com may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.
The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of WebSoGood.Com’s reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties; or (c) that resulted from Customer’s equipment or any third-party equipment not within the sole control of WebSoGood.Com. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WebSoGood.Com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WebSoGood.Com HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. WebSoGood.Com DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
Limitation of Liability:
IN NO EVENT WILL WebSoGood.Com’S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO WebSoGood.Com BY CUSTOMER DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
WebSoGood.Com CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. WebSoGood.Com WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON- PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section 15(c) shall not apply to Customer’s indemnification obligations.
Notwithstanding anything to the contrary in this Agreement, WebSoGood.Com’s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi- contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
Customer understands, acknowledges and agrees that if WebSoGood.Com takes any corrective action under this Agreement because of an action of Customer or one if its customers or a reseller, that corrective action may adversely affect other customers of Customer or other reseller customers, and Customer agrees that WebSoGood.Com shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by WebSoGood.Com.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
Customer agrees to indemnify, defend and hold harmless WebSoGood.Com and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer’s use of the Services, (ii) any violation by Customer of the AUP, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.
You acknowledge and agree that WebSoGood.Com accepts no responsibility or liability for, and employs no control over, the content of the information passing through WebSoGood.Com’s host servers, network hubs, or the Internet. All services performed thereunder are performed “as is” and without warranty against failure of performance including, without limiting to, any failure due to computer hardware or communication systems. Except as expressly provided in this Agreement, WebSoGood.Com does not make and hereby disclaims, and you hereby waive all reliance on, any representations or warranties, arising by law or otherwise, in reference to the Package(s), including, but without limiting to, implied warranties of merchantibility, fitness for a particular purpose, non-infringement, or developing from course of dealing, course of performance, or usage in trade.
WebSoGood.Com may reveal any information it deems necessary or appropriate, including, without limitation, user profile (e.g. name, e-mail address, etc…), usage history, material contained on WebSoGood.Com’s system in order to abide by any applicable laws, lawful governmental requests, to protect WebSoGood.Com’s systems and customers, or to provide and protect the quality, functionality, and integrity of WebSoGood.Com’s business and equipment. WebSoGood.Com reserves the right to report any activities that it suspects violates any laws or regulations to the appropriate law enforcement officials, regulators or any other appropriate third parties.
You agree to compensate, WebSoGood.Com and its affiliates and suppliers (and their respective employees, directors and representatives) for any and all expenses, including, without limitation, all claims, actions, proceedings, suits, liabilities, fines, and attorneys’ fees, incurred by WebSoGood.Com or it’s suppliers, arising out of or relating to (1) your violation or breach of any agreement, terms, representation or warranty of this Agreement or any applicable policy or guideline; (2) your improper or illegal use of the Package(s); or (3) your violation, alleged violation, or misappropriation of any intellectual property right (including, but not limited to, trademark, copyright, patent, trade secrets) or nonproprietary right of a third party.
If any provisions of the entire agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed severable form and shall in no way affect the validity or enforceability of, the remaining provisions of the entire agreement, which shall remain valid and enforceable according to its terms. If it is deemed severable form, the liability of WebSoGood.Com and its suppliers to you will be limited to the amount actually paid to WebSoGood.Com by you under this agreement during the three (3) months preceding the date on which the claim accumulated. This limitation applies to all causes of action in the aggregate including, but not limiting, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other damages. The fees for the Package(s) set by WebSoGood.Com have been and will continue to be based upon this allocation risk. Accordingly, you hereby release WebSoGood.Com and its suppliers from any and all obligations, liabilities, and claim beyond the limitation stated in this section
Warranties and Representation:
You warrant and represent to WebSoGood.Com that you are (1) at least eighteen 18 years of age; (2) you possess the legal right and ability to enter this agreement; (3) you will use the Package(s) only for lawful purposes and remain in accordance with this Agreement and all policies and guidelines that may apply; (4) you will be financially responsible for your Package(s); (5) you have acquired, or will acquire all necessary arrangements for hypertext links to a third party Web sites or other content; (6) you have verified or will verify the accuracy of materials distributed or made available through use of the Package(s), including, without limitation, your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and (7) your content does not infringe or violate any right of any third party (including intellectual property rights) or violate any applicable law, regulation or ordinance.
No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
No Third-Party Beneficiaries:
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against Customer as if it were a party to this Agreement.
Minimum Age Requirement:
WebSoGood.Com customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept this Agreement in order for the Minor to become a WebSoGood.Com customer. A parent or guardian who accepts this Agreement on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with this Agreement, including the timely and full payment of the charges for WebSoGood.Com services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains WebSoGood.Com’s express written consent to the contrary. Any acceptance of this Agreement or any other agreement for WebSoGood.Com’s services will be deemed null and void to the extent that WebSoGood.Com will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of WebSoGood.Com’s services.
WebSoGood.Com will not be liable for delays in its performance of this Agreement or WebSoGood.Com services caused by circumstances beyond WebSoGood.Com’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). WebSoGood.Com will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
Waiver and Amendment:
Any waiver, modification, or amendment of any provision of this Agreement or other agreement for WebSoGood.Com services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of WebSoGood.Com.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between WebSoGood.Com and its customers. Each of WebSoGood.Com and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation:
Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of this Agreement into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of this Agreement. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of this Agreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any document, correspondence or other communication, of Customer or WebSoGood.Com, the terms and conditions of this Agreement shall control.
Acceptable Use Policy (AUP)
All users of WebSoGood.Com’s services, and all customers upon signing up for WebSoGood.Com’s services, agree to comply with WebSoGood.Com’s Acceptable Use Policy (“AUP”). The spirit of the AUP is to ensure customers are using WebSoGood.Com’s services with due regard to the rights of other Internet users and in conformity with the requirements of WebSoGood.Com’s network environment. The AUP are not exhaustive and WebSoGood.Com reserves the right to add, delete, or modify any provision of its AUP at any time without notice, effective upon either the posting of the modified AUP to www.WebSoGood.Com or notification of the modified AUP. Any complaints about a customer’s violation of the AUP should be sent to WebSoGood.Com’s abuse department via email at admin@WebSoGood.Com.
Acceptable Use Policy (AUP) Violations:
Violation of the AUP is strictly prohibited. Any violation will result in immediate suspension, termination and/or compensations awarded to WebSoGood.Com for damages caused by these violations as detailed in this Policy. You shall remain solely liable and responsible for your use of the Package(s) and any all content that you display, upload, download, or transmit through the use of the Package(s). WebSoGood.Com will be the sole arbiter as to what constitutes a violation of this policy.
WebSoGood.Com servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing WebSoGood.Com services, all WebSoGood.Com customers certify that they and/or the organization they represent in procuring services from WebSoGood.Com are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Usage of allotted Resources:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes agreed to in the stipulated measurements outlined on the web site at the time of sign-up (or other measurements of services in the form of gigabytes, terabytes, etc.) per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). WebSoGood.Com will monitor Customer’s bandwidth and disk usage. WebSoGood.Com 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 in WebSoGood.Com’s sole and absolute discretion. If WebSoGood.Com 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.
Usage of Server Resources:
Customer agrees that Customer shall not use excessive amounts of server resources (such as, but not limited to, CPU time & memory usage) on any of WebSoGood.Com’s servers. Any violation of this policy may result in corrective action by WebSoGood.Com, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in WebSoGood.Com’s sole and absolute discretion. If WebSoGood.Com 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.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to WebSoGood.Com’s customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a WebSoGood.Com server, and selling or distributing software (on a Web site residing on a WebSoGood.Com server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. WebSoGood.Com reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
WebSoGood.Com’s Web Hosting Packages are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact WebSoGood.Com’s sales department to make special arrangements.
Multimedia files are defined as any graphics, audio, and video files. WebSoGood.Com Web Hosting Packages are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files
Adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content of any kind or provide links to adult content elsewhere. We also prohibit sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or otherwise objectionable.
The use of WebSoGood.Com’s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. WebSoGood.Com is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Cgi-script sharing among domains not hosted by WebSoGood.Com is strictly prohibited. Any CGI-scripts considered to be harming system performance or network integrity will be shut down without prior notice. Also, excessive CPU processing or memory usage is strictly prohibited on any WebSoGood.Com server.
System and Network Abuse:
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
System and Network Security:
Any form of violation of WebSoGood.Com’s, or any third party’s server, system, or network security through the use of the Package(s) are prohibited and may result in criminal or civil liability. WebSoGood.Com may investigate such incidents involving such violations and cooperate with the proper law enforcement authorities if a criminal violation is suspected. This includes, without limitation: (1) distributing or hosting content, destructive or harmful content including, without limitation, viruses, Trojan Horses, worms, time bombs, cancel bots or any computer programming routines that may damage or interfere with any system, program, data or personal information; (2) any form of hacking or unauthorized access, which includes, without limitation, use probing, or scanning of systems security or authentication measures, data or traffic; (3) interference with service to any user, host, or network including any form of attempts to overload a system, any form of system attacks, or forgery which can come from any kind of program/script/command or messages of any kind designed to interfere with a user’s terminal session, via any means, locally or by Internet; (4) any form of interception which includes, without limitation, unauthorized monitoring of data or traffic on any network, server or system without express authorization from the owner; (5) any form of avoidance of system restriction; (6) and any form of failure to safeguard accounts which includes, without limitation, failure to prevent unauthorized access by giving away passwords. WebSoGood.Com reserves the right to limit or disable any and all account features that may compromise server security.
Viruses and Other Destructive Activities:
Use of WebSoGood.Com’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use WebSoGood.Com’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Offering or distributing any fraudulent goods, services, schemes or promotions (e.g. – make money fast schemes, chain-letters, pyramid schemes), or submitting false data on any sign-up form, contract or online application through registration, or any fraudulent use of information obtained through the use of the Packages, including, without limitation, use of credit card numbers, phone numbers, e-mail addresses, or home addresses is strictly prohibited.
Copyright or trademark infringement:
The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All WebSoGood.Com customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a WebSoGood.Com customer (per the DMCA) to WebSoGood.Com must follow the below procedures. Copyright infringement notifications submitted to WebSoGood.Com according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at WebSoGood.Com’s sole discretion.
DMCA Copyright Infringement Notification Requirements:
- Signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
- Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material claimed to infringe the copyright(s), and enough information for WebSoGood.Com to locate it including URLs and specific descriptions of the infringing material at each URL.
- The Claimant’s name, address, and telephone number(s).
- A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
- A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
- Mail the notification to admin@WebSoGood.Com.