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Westward.Com Terms of Service
This document establishes operating principles and acceptable
use policies as they relate to Customer Use of this web site
and any of our other web publications. It also addresses
the domain reservation/web hosting services provided by Westward
Connections Inc. (hereinafter referred to as "WCI") to the
Customer. By accessing this web site, Customer web space
and/or services of Westward.Com, Customer is exercising agreement
to these terms. These terms are subject to change
at any time and upon change will be posted in this document
available publicly through the World Wide Web. It is the
Customer's responsibility to review this document from time
to time to stay abreast of any changes.
GENERAL
The Internet is a voluntary association of users interested
in and willing to exchange information and data with
other Internet users. At present
there is no oversight group providing governance over the principles, policies
or procedures for use of the Internet or the information and data accessed
via the Internet.
In order to facilitate their contractual relationship the Customer and
WCI wish to define a working protocol of principles and policies and establish
operating guidelines and acceptable standards of use of the Internet.
PRINCIPLES GOVERNING ACCEPTABLE USE
The Internet is a network intended for use by mature,
adult users. The Customer recognizes this principle and
undertakes at all times to act with respect, courtesy and
responsibility, giving due regard to the interests and
rights of other Internet user groups. This general guideline
carries with it the following specific responsibilities:
Knowledge of the Internet - Customer agrees
to obtain a basic knowledge of the Internet and its operating
principles and procedures.
Improper Uses -
Customer will avoid violation
of certain generally accepted guidelines
on Internet usage such as restrictions on mass mailings
and
mass advertisements (often referred to as spamming),
pirating or copying of software, mail bombing or other
methods
of attempting to deny service or access
to other users, and attempts to violate security. Any such
violations
brought to the attention of WCI will be
cause
for immediate
service termination.
Compliance with Laws - The Customer will ensure
that its use of the Internet complies with
all applicable federal, state and local law and regulation,
including
but not limited to those principles of law
which
protect against compromise of copyrights, trade secrets,
proprietary
information and other intellectual property
rights, libel or defamation of character, invasion of privacy,
tortious
interference, and export of technical or
military
data to prohibited countries.
Validation of Information - The Customer is
responsible for validating the integrity
of the information and data received or transmitted by
e-mail account holders
and web space users of its domain over the
Internet.
Security - The Customer is required to protect
the security of its Internet account
and usage. The Customer's password will be treated as
private and confidential
and not disclosed to or shared with
any third
parties without prior notification to WCI
and approval thereof.
The Customer is solely responsible
for managing his/her e-mail and web server space against
harmful
computer
worms and viruses.
Discretion and Judgment - The Customer is
expected to use discretion in the treatment and
handling of Internet
information and data and to take particular
care to insure that adult information is not transmitted
to juvenile
users of the Internet.
Pornography - Customer agrees to adhere to
U.S. laws and regulations regarding adult-related
material of any nature and abide by our policy not
to allow any
files containing text and graphical formats
that may be considered obscene or harmful in any way
to be displayed
from, transmitted over or stored on our web
servers.
Excessive CPU usages - Customers using excessive
amounts of CPU processing on any of
our servers without our prior written permission will face
immediate suspension
of service and access to hosted web server
space.
Resale of services - Customers may resell
web space within their own account, but are responsible
for
the entire domain site content and server
space activities. Customers
may not resell mail services including,
but not limited to mail forwarding capabilities, POP accounts
and auto responders. The
Customer may not at any time resell access
to, or use of, preinstalled scripts including,
but
not limited to
newcount, imagemap, htimage, cgie-mail
as well as any custom or personally owned
scripts for
use by a third
party while installed on the web server.
Third-party access to server space via FTP and password
protected areas from web browsers WCI
will not provide customer account access
information to
third parties (.i.e. web developers,
programmers, Internet marketing representatives)
without
prior written permission
from the customer contact on record
with WCI. An authorized Customer representative
must
complete a Third
Party Web Space Access Permission Request.
WCI reserves the final right to grant
access to third parties
based on security or operational concerns
for all customers being served from
the same server
as the Customer.
Customer is liable for all activities
of third parties given access to master
password
protected
areas of
customer's web space. Unless otherwise
agreed to in writing, WCI is under
no obligation
to correspond directly
with third parties about Customer's
account. Any training of third parties
on the
use of WCI server services
must be authorized by Customer and
will be billed at the rate of $2.00
per minute
with
a 5 minute minimum
per incident.
Upgrading or downgrading services - Customers
may elect to upgrade or downgrade web
hosting services at any time provided they agree to pay
all associated
charges. The server set up fee ($100.00)
must be paid each time the Customer upgrades
or downgrades from one service plan to another.
Set-up fees are non-refundable.
Suspension of service - Domains for which
payment is not received from Customer by the
due date will be
blocked from access to the general public
as well as the Customer until payment is received or
up to 10 days
after the due date at which time the account
will be closed. Customers may retrieve files
from closed accounts
for up to six months for an additional fee.
Cancellation of service - Customers can cancel
service at any time. Provided there are
no outstanding balances, they may expect full cooperation
in
the transfer of their domain. Only accounts making
annual payments
in advance will be entitled to a pro-rated
refund for portion of time unused up to the current
billing
quarter. Cancellation
notice must be submitted in writing by Customer and received
by WCI no less than 30 days prior to the next billing
period or
the account will be subject to all fees
associated with the following billing period. Cancellation
notice must be e-mailed by the primary
customer contact with NON-RENEW in the
subject header,
or sent via surface
mail to Westward Connections Inc., P.O.
Box 23428, Albuquerque, New Mexico 87192-1428.
Payment Discrepancies - Overpayments or payments
for any instance requiring customer
reimbursement will first be applied to any outstanding account
balance. Any remaining portion will be promptly
refunded
via crediting
the customer charge card on file
or via WCI company
check, as determined by WCI billing department.
Services for
which an underpayment has been received
are subject to suspension and reactivation fees may
apply. WCI
must
be notified of any billing disputes
within 60 days of receipt of billing disputed. Customer
waives
any rights
to dispute billings by failure to
notify WCI within this 60 day period.
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