Web Hosting Policy
Internet Service Agreement
Terms of Service
Web Hosting PolicyAll users agree to this online contract by submitting their order. Amendments to this agreement will be posted on this site. Please read the agreement carefully. If you have any questions, please contact us. Web Wings Net's general policy is to provide World Wide Web page hosting for an Internet presence. There are certain legal and ethical responsibilities consistent with the use of its server and equipment involved in these services. Web Wings Net reserves the right to suspend or cancel any customer's access to these provided services when it is deemed that those services and equipment have been used inappropriately.
Web Wings Net, operated and owned by Russell Dickson, hereafter referred to as Web Wings Net (WWN), will host a Web Server Internet account for the person submitting a request for such service, hereafter referred to as the Account Holder, for the domain name indicated on the web hosting application, this service will start on the date of account set up for the period of months requested by the Account Holder. The Account Holder agrees to the following terms and conditions of this Service Agreement. The Account Holder will have a 30 day trial period where he/she may cancel services and receive a refund of any moneys pre-paid for this service (set-up and domain registration fees not included). After 30 days Web Wings Net reserves the right not to refund any of the amount paid. IMPORTANT NOTE - Web Wings Net has the right to discontinue service, or deny access to anyone who violates our terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
The Web Server Internet Account and related electronic services may be used for legal purposes only. Any violations consistent with existing international, federal, state and locals laws will be grounds for an immediate termination of service. This includes any and all forms of gambling. Transmission, distribution or storage of any material in violation of international, federal, state and local laws is prohibited and will be grounds for an immediate termination of service. This includes, but is not limited to, material protected by: copyright, trademark, patent, and/or trade secret or other intellectual property right use without proper authorization. All Internet hosting accounts must have or request to purchase from Web Wings Net a valid, registered Domain Name, at the time of request for an Internet account. Failure to obtain registration for the Domain Name submitted is considered violation of this agreement, and subject to immediate cancellation without refund. Any attempt to undermine or cause harm to a server, or customer is strictly prohibited. Server abuse includes, but is not limited to, unauthorized use of other people's accounts or computers, any use or attempted use of an Internet account or computer without the owner's authorization, such as attempted "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Such unauthorized use of accounts or computers by a Web Wings Net customer, whether or not the attacked account or computer belongs to Web Wings Net, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Activities not allowed that may result in termination of the contract without refund:
All hosting accounts may be terminated that include the following content or which have links to the following content:
The Account Holder agrees not to transmit, distribute, store, advertise, link to, or make available any images, language, or ideas containing sexually explicit or implicit subject matter. Web Wings Net reserves the right to make a final determination in any dispute involving sexually explicit or implicit subject matter. The first occurrence of a violation of this provision will result in a halt of services to the Account Holder. Any occurrence thereafter of a violation of the aforementioned provision will result in a termination of account(s)/service(s), without any refunds. Engaging, advertising, participating in the sending of Unsolicited Email. Engaging, advertising, participating in the sending of Unsolicited Email is explicitly prohibited on Web Wings Net's servers. Web Wings Net defines Unsolicited Email as using any computer or electronic device to send an unsolicited advertisement or electronic mail to an electronic mail address of an individual with whom such person lacks a preexisting and ongoing business or personal relationship unless said individual provides express invitation or consent/permission. Violators of the aforementioned policy are subject to account(s)/service(s) termination, without any refunds. Web Wings Net takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. The following activities are not allowed: Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain. Server interruption can occur due to unsolicited e-mail ("spam") originating from this server. The Account Holder responsible for such service interruption will be charged $300 per hour, or portion of any hour, until the service has been restored, and for costs of any nature necessary for collection of the additional charges. The Account Holder will be subject to additional legal action, as may be allowed by law. Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"). Any domain sending such messages will be terminated without warning and without refund. Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Mail may not be used to harass or intimidate others. Harassment,
whether through language, frequency of messages, or size of messages,
is prohibited. Sending a single unwelcome message may be considered
harassment. If a recipient asks to stop receiving e-mail, you must
not send that person any further messages. Providing spamware (software
used to send bulk email or software used to harvest email addresses)
or links to sites providing spamware is strictly prohibited and
subject to demand for removal or account cancellation. Hosting service limitations To maintain the integrity of our shared hosting service the following limitations apply: Sites with banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred is graphics) Sites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads). Sites using more than 30% of system resources for longer than 60 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3). Account Holders exceeding the traffic allowance (data transfer) will be asked to upgrade to the next higher account level. Accounts using the Professional Plan are expandable and will be charged an addition amount as an expansion of the account. Chat Rooms We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with Web Wings Net. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java or other chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install. CGI Scripts Each web hosting account comes with its own cgi-bin (cgi-local), in which you are free to use any* CGI scripts you wish. All CGI scripts. However, some script may contain various security risks and alternative scripts are ususally available. For the sake of all customers, please ask if you have any question regarding the integrity of a script. We are glad to help. Server Resource Abuse Shared server accounts are limited in use of the amount of server resources. Server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning. Abuse of SMTP (outgoing) Mail Server We do not allow clients to send more than 1000 pieces of e-mail per day from a shared hosting account. If you do send more than 1000 pieces of e-mail per day, your account will lose the ability to send mail and may be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 1000 per day your account will be subject to modification and cost in addition to your regular hosting charges. Please contact us if this situation applies to you. Background Running Programs We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge may be incurred based on system resources used and operational maintenance needed. IRC We currently do not allow IRC, IRC clients or IRC bots to be operated on our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination. Disk Overages All Web Wings Net accounts come with metered disk space. Should you use more than your allotted disk space, a temporary overage of 15% will be allowed for one month. During this time the Account Holder will have the option of removing unneeded files to reduce the amount of space required or pay for additional space which may be done by upgrading the account. Additional charges will be according to the fee schedule currently in effect at the time of need. The Account Holder understands that Web Server Internet accounts are provided by Web Wings Net on a shared server. Accordingly, the Account Holder's web site and services will be shared with other customers' web site and services on the same server. The Account Holder understands that poorly written CGI and Perl scripts consume a vast amount of Web Wings Net system resources. For this reason, Web Wings Net will allow the Account Holder to maintain a maximum of 1000 CPU seconds each day. This policy will be strictly monitored and enforced by Web Wings Net system administrators. If Account Holder is found to be in violation of this provision, Web Wings Net system administrators have the authority to shut down any and all scripts responsible for the violation. If any damages result from a violation of this provision, Web Wings Net will seek recovery for said damages. The Account Holder agrees that bandwidth limits are based on the hosting plan purchased as specified on the Web Wings Net plans page. The Account Holder understands that Web Wings Net attempts to maintain service to its customers 100% of the time. The Account Holder also understands that there are certain problems that can and will occur due to the nature and structure of the Internet. The Account Holder agrees to hold Web Wings Net harmless in the event of any such occurrence where service becomes impaired or suspended for an indefinite period of time resulting in the loss of revenue, service(s), or customer(s). There are such circumstances that can and will happen beyond the control of Web Wings Net and the Account Holder understand this and holds this to be factual. Web Wings Net owns, or uses with permission of the owner(s), all right, title and interest in Web Wings Net trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how related to the design, function, and provisions of services by Web Wings Net, and in the related hardware and software systems. Web Wings Net makes no claims to any trade names, service marks, inventions, copyrights, trade secrets, patents, or know-how acquired without infringing Web Wings Net rights and used by Account Holder to promote and provide services to Account holder's customers. This agreement does not constitute a license to the Account Holder to use Web Wings Net trade names or service marks. The Account Holder acknowledges that by reason of its relationship with Web Wings Net, it may have access to certain information and materials relating to Web Wings Net business, services, customers, software technology, and marketing strategies that is confidential and of substantial value to Web Wings Net. The Account Holder agrees not to disclose any of the above information to any third party. The provisions of this section shall survive the termination of the agreement for any reason. Under section 230 of the CDA (47 U.S.C. sec. 230), Web Wings Net "shall not be treated as the publisher or speaker of any information provided by another information content provider." Web Wings Net is not liable in any way for any tortuous statements made on it's servers to any third party. Payment Policies Payments must be made in US currency, payable to Web Wings Net. All accounts are set up on a pre-pay basis. Setup fees charged for new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Web Wings Net reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established until the customer notifies Web Wings Net at Sales to request for termination of services. Web Wings Net will bill each client $50.00 per returned check, per wire transfer received and per credit card chargeback received. All Web Wings Net accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the us at Sales should you wish to change your anniversary billing cycle. Any account that is not brought current prior to deactivation will be charged a $25.00 reactivation fee as well as a $15.00 late charge, per domain deactivated. In addition, if your credit card declines for any reason, Web Wings Net will charge your account an additional $2.00 service charge every time your card is declined. Account Holder pays on a periodic basis, payments are due upon presentation of invoice. If any fees or charges imposed by the bank for any reason result in Web Wings Net receiving less than the invoice amount, Web Wings Net will re-invoice Account Holder for the difference. If Web Wings Net does not receive payment in full of any invoice (with the exception of bank fees and charges) within 30 days, then the Account Holder accepts that Web Wings Net will suspend service(s) with the Account Holder until such time as payments are made. Payments in full of any invoice, with the exception of the aforementioned provision, not received within 30 days will result in a termination of service(s) to Account Holder. Cancellation Web Wings Net reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Web Wings Net if Web Wings Net institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.) All of Web Wings Net's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For web hosting contracts of 3 months or less, the full contract amount less any setup fees and overages will be refunded if Web Wings Net is notified within the first 30 days following activation. No refund is available after the 30th day. For web hosting contracts longer than 3 months, a refund equal to one half of the contract amount less any setup fees and overages will be given if Web Wings Net is notified within the first 60 days of the contract term. If you cancel prior to the end of your contract term and you received special pre-pay rates, your hosting fees will be adjusted so that you pay the regular, non-discounted monthly fees. No refunds for any reason will be given once the third month of the contract term has begun. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done via email to Sales. Your username and password must be included. Phone requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation. Intellectual Property Rights Material accessible to you through Web Wings Net's 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 Web Wings Net 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 Web Wings Net network. If you use a domain name in connection with Web Wings Net 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 Web Wings Net 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. Web Wings Net 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. You are also 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. Static / Dynamic Content Caching You expressly (i) grant to Web Wings Net a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Web Wings Net 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 Web Wings Net shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Web Wings Net and Web Wings Net reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses. Lawful Purpose Web Wings Net reserves the right to refuse service to anyone. Customers may only use Web Wings Net's server for lawful purposes. 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 Web Wings Net management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Sarasota County, Florida, and any dispute will be litigated or arbitrated in Sarasota County, Florida. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Sarasota County Courts. IN NO EVENT SHALL WEB WINGS NET'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS. Indemnification CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD WEB WINGS NET HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST WEB WINGS NET, 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, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS WEB WINGS NET AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH WEB WINGS NET'S SERVER; (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 WEB WINGS NET'S SERVER. Disclaimer WEB WINGS NET WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. WEB WINGS NET MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. WEB WINGS NET DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY WEB WINGS NET AND ITS EMPLOYEES. WEB WINGS NET RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION. This Agreement constitutes the entire agreement between parties and supersedes all prior understanding and agreements concerning the services and shall not be modified or altered by written instrument duly executed by the parties. Should any provision of this Agreement be held by a court of law to be illegal, invalid, or unenforceable, the legality, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. Account Holder agrees to abide to any updated modifications or
additions of this agreement as posted at http://www.WebWingsNet.com/hosting/policy.php
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