WebWorksPro, Inc. reserves the right to change
this Policy at any time. WebWorksPro, Inc. strives to provide
the best possible service to all our customers, but we will not
tolerate any unlawful activity or abuse on our servers. We respect
freedom of speech and expression unless it is harmful to others.
These brief guidelines are imposed to protect you, other
WebWorksPro, Inc. customers and us against such harm.
Payment Policies, Fees, and Terms of Agreement:
WebWorksPro, Inc. may require: a) the domain name fee of $16.50
per year (if necessary), b) one-time setup charge and first month's
hosting, and c) 50% of estimated design and production cost as a
retainer to begin work. The retainer for design work is not
refundable.
WebWorksPro, Inc. will provide Customer with an initial
design layout which defines the structure of the future website to
be developed. Once the initial layout is approved by Customer,
production commences for the web site in it's entirety. If
approval via email is not received from Customer after two initial
layouts have been provided, an hourly charge for further design may
apply thereafter.
At the time of domain registration and activation,
a basic hosting charge of $25 will begin on a monthly basis during
site production of all accounts. Standard and Executive Maintenance
account charges begin upon site completion and launching. All
monetary transactions are in $US dollars. Services can be added or
removed at any time. WebWorksPro, Inc. reserves the right to
change prices at any time.
Account Cancellation:
WebWorksPro, Inc. does not require a timed contract for
service. You may cancel at anytime with a 30-day notice. Phone
requests will not constitute acceptance of any cancellation. To
cancel an account, send a cancellation request via email or help
desk ticket and include with your domain name. It is the Customer's
Responsibility to secure confirmation from WebWorksPro,
Inc. that account has been cancelled. If the client has not yet
received confirmation of account cancellation, then the
account remains active, and you will continue to be invoiced.
If Customer has a balance due at the time of
cancellation, this balance must be paid in full. Cancellation does
not absolve Client of any outstanding financial obligations.
In the unlikely event of an account cancellation,
it is the responsibility of Customer and/or the new host provider to
contact the domain granting authority regarding the transfer
procedure.
Indemnification Policy:
You agree to use all WebWorksPro, Inc. services and facilities
at your own risk.
Customer shall indemnify and hold harmless
WebWorksPro, Inc., its agents, its customers, officers and
employees, from and against any and all claims, demands, actions,
causes of action, suits, proceedings, losses, loss of data, damages,
costs, and expenses, including reasonable attorneys fees, arising
from or relating to Customer's Web site or an end user's use
thereof, or any act, error, or omission of Customer in connection
therewith, including, but not limited to, matters relating to
incorrect, incomplete, or misleading information; libel; invasion of
privacy; infringement of a copyright, trade name, trademark, service
mark, or other intellectual property; any defective product or any
injury or damage to person or property caused by any products sold
or otherwise distributed through or in connection with Customer's
Web site; or violation of any applicable law.
Customer agrees to defend, indemnify and hold
harmless WebWorksPro, Inc. against liabilities arising out of:
(1) any injury to person or property caused by any
products sold or otherwise distributed in connection with server
provided by WebWorksPro, Inc.;
(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 server provided by
WebWorksPro, Inc..
WebWorksPro, Inc. shall be the sole judge of
what violates this Policy.
SPAM Policy:
WebWorksPro, Inc. is committed to a zero-tolerance,
anti-Spamming policy. Under this policy, we prohibit Spam, or any
unsolicited commercial email, from being sent either: Over the
WebWorksPro, Inc. network, by customers or any other users of
the WebWorksPro, Inc. network (including customers' customers);
AND/OR over ANY network— if the message sent advertises or mentions
a site hosted on the server provided by WebWorksPro, Inc..
We react quickly and seriously to violations, and
we further reserve the right to terminate the services, without
prior notice, of any customer disregarding this policy. Sending
unsolicited commercial email (a.k.a. "spam"), cross-posting messages
to a large number of usenet groups, posting obscene or threatening
messages while using or referring to an WebWorksPro, Inc. email
address or web site URL is prohibited. The use of WebWorksPro,
Inc. servers as a mail drop for responses to activities described
above is also prohibited.
Content Policy:
All services provided by WebWorksPro, 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, trademark, intellectual property,
material we judge to be threatening or obscene, or material
protected by trade secret and other statute without proper
authorization. The subscriber agrees to indemnify and hold harmless
WebWorksPro, Inc. from any claims resulting from the use of the
service which damages the subscriber or any other party.
Pornography and sex-related merchandising is
prohibited on all WebWorksPro, Inc. servers. This includes sites
that may infer sexual content, or links to adult content elsewhere.
WebWorksPro, Inc. will be the sole arbiter in determining
violations of this provision.
Also prohibited are sites that promote any illegal
activity or present content that may be damaging to WebWorksPro,
Inc. servers or any other server on the internet. Links to such
materials are also prohibited.
Examples of unacceptable content or links:
Pirated software
Hacker programs or archives
Warez sites
WebWorksPro, Inc. does not host sites of its competitors or web
pages promoting sites of its competitors.
Any illegal activity, including adult content,
links to adult content web sites, spamming or hacking will result in
your site being shut down and all your files deleted without
warning.
WebWorksPro, Inc. will be the sole arbiter as
to what constitutes a violation of this provision.
Email Policy:
WebWorksPro, Inc. may not be the source, intermediary, or
destination address involved in the transmission of any unsolicited
email, email bombs, hate email, or any mass email. Your email
account may not be referenced as originator, intermediary, or
reply-to address of such email.
CGI Scripts Policy:
Each account comes with its own cgi-bin. You are free to use any CGI
scripts you wish, however we reserve the right to disable any CGI
script that effects normal server operation or service to other
WebWorksPro, Inc. customers. You will be notified in 24 hours
about offending cgi script.
Traffic Policy/Disk Space
- All account plans come with a predetermined amount
of traffic allowance. You can monitor your transfer at anytime in
your Control Panel. Traffic (outbound bandwidth) is measured and is
used up each time a file is served from the site. Most of our users
do not use up all their bandwidth each month. Should traffic exceed
the bandwidth allowance, your site may be temporarily disabled, but
additional bandwidth is available at a low cost if needed.
Customer understands this service is provided on a
shared server. This means that one web-site can not overwhelm the
server with heavy CPU usage from highly active scripts. If your
web-site abuses or overwhelms the server and causes complaints from
the other users, you have outgrown the realm of shared servers, and
will need to upgrade to a dedicated server. WebWorksPro, Inc.
will refund any unused portion of prepaid services, and if desired,
the balance will be credited to dedicated server cost.
If at any time, Customer breaches any part of this
contract and WebWorksPro, Inc. must engage in the services of an
attorney, then Customer will pay any and all of WebWorksPro,
Inc.'s reasonable attorney fees and court costs. We reserve the
right to refuse service to anyone for any reason not prohibited by
law. Also we reserve the right to terminate service to any customer
for any reason not prohibited by law.
Any deliberate attempt to cause damage to
WebWorksPro, Inc. or any other Internet servers will result in
immediate account deactivation without prior notice. No refund is
given in this case.
Backups:
It is the clients' responsibility to maintain local copies of their
web content. A backup utility is included in each hosting plan and
client can use this tool to back up their files. WebWorksPro,
Inc. is not responsible for loss of data.
Terms:
Customer retains domain name ownership provided by InterNIC or other
applicable Internet domain name registry or granting authority.
Customer acknowledges and agrees that
WebWorksPro, Inc. has no proprietary, financial, or other
interest in Customer's goods or services that may be described in or
offered through Customer's Web site.
As between Customer and WebWorksPro, Inc.,
Customer is responsible for: assuring that its authorized users
comply with the provisions of these Terms and that unauthorized
persons do not gain access to or use the Services through user
names, passwords, or other identifiers assigned to Customer pursuant
to these Terms.
Copyright:
Ownership of all graphics, text or other
information or content materials supplied or furnished by Customer
for incorporation into or delivery through Customer's Web site shall
remain with Customer (or the party which supplied such materials to
Customer). Ownership of all graphics, text or other information or
content materials supplied or furnished by WebWorksPro, Inc. for
incorporation into Customer's Web site, shall remain with
WebWorksPro, Inc. (or the party which supplied such materials to
WebWorksPro, Inc.). Copyright guidelines
by the American Institute of Graphic Arts
Network Services: WebWorksPro, Inc. will use its best efforts to
maintain a full time internet presence for Customer. The network may
be down due, but not restricted to, utility interruption, equipment
failure, natural disaster, or human error. Customer agrees that
these events may or may not occur and Customer will hold
WebWorksPro, Inc., its employees, owners, and contractors,
harmless from any damages incurred in any event of any type of loss
resulting for any reason.
WebWorksPro, Inc. provides search engine
submissions of some maintenance accounts as described on the service
matrix on the web site. WebWorksPro, Inc. cannot, however, be
held responsible for the rank of any given search term, or guarantee
a specific listing with any given major search engine or directory. WebWorksPro,
Inc. is not responsible for the content or conduct of any
such website that links are submitted to.
