Terms and Acceptable Use Policy < Back

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 networkó 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.

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.

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.

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.


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