Acceptable Use Policy

The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.Our acceptable use policy is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered.
Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses.

Illegality
In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material.

Undesirable Content
Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio downloads may only be hosted if you are the creator and copyright owner of the work. Copyrighted Media can not be publicly distributed. MP3's are not allowed unless you are the creator and copyright owner of the work. Video downloads and streaming media are not allowed on our network due to exccess resource consumtion.

Bulk Email
The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden. If you are found to be using such legal action may be taken and/or you may be fined.

Misuse Of Resources
Including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum.

Overview
The following are NOT allowed on our servers.

Pornographic Material
Streaming Media / Video Downloads
Real Media
Chat/IRC, web proxy and mailing list scripts (majordomo etc.)
Programs / Scripts consuming excessive server resources
SPAM / Bulk Email
Hacking, Cracking, Warez Material
Audio Downloads (unless you are the copyright owner of the work)
MP3's (unless you are the copyright owner of the work)

If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use. If your account is removed due to violation of our hosting terms you will not receive a refund.

Business Terms

Where the context admits: "We" refers to Web Marketing Technologies LLC or WEBMTECH. "You" includes the person purchasing the services or any party acting on the customer's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" the relevant domain names Registry. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:



1. Domain Name Registration
1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
1.4 We shall not release any domain to another provider unless full payment for that domain has been received by us.
1.5 The domain registration process at this time in not automated, thus mistakes can occur. Even if your payment is received on time it is possible your domain can still be lost due to errors upon renewing. In such case we are not held responsible for the loss of any domain and will do our best to retrieve your domain name if at all possible.

2. Web Site Hosting And Email
2.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2.2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
2.3.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
2.3.3 you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
2.3.4 you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
2.3.5 any file you store on the Server will be reachable via a hyperlink from a page on your site.
2.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Adult or illegal MP3 content.
2.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
2.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
2.7 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.8 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
2.9 Any access to other networks connected to WEBMTECH must comply with the rules appropriate for those other networks.
2.10 Hosting features, servers and or/installed software is subject to change at any time.
2.11 99.9% uptime is only an estimation of server/network uptime. Actual uptime may be higher or lower for any given month. We are not held responsible for any website and/or email downtime. With any hosting service downtime will occur, furthermore by using our service you understand your website and/or email may be unavailable at ALL times.
2.12 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

3. Resellers
3.1 If you are or become a reseller of our Services you will continue to be bound by these terms and conditions, you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these.
3.2 You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us.
3.3 No default by your customers shall in any way affect, modify or limit your obligations under this Agreement.

4. Service Availability
4.1 We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
4.2 We shall have the right to suspend the services at any time and for any reason without notice.

5. Termination
5.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.2 If you break any of these terms and conditions we may suspend the Services and/or terminate your Services. All sums due for service overusage and/or quota limits excceed are due in full at the time of termination.
5.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.4 No refunds will be made for our services, all payments made to us are non refundable.
5.5 You may cancel your hosting services at any time.
5.6 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.


6a. Cancellation Policy
All sales are final! Except for a cancellation within the first 30 days after of the service (Limited Money-Back Guarantee) there is no "Cooling-Off Period" and Customer can not cancel this Agreement prior to the end of the Term as provided herein for any reason. If Customer cancels this Agreement before the end of the term customer shall receive no refund for any prepaid hosting fees and any such fees shall be forfitted. In the event that Customer cancels within 30 days of ordering the service by completing the Cancellation Request Form Webmtech will refund the prepaid hosting fees only to Customer. Setup fees, fees for additonal services as well as fees paid for domain name registration are always non-refundable. Customer acknowledges and agrees that the Cancellation Request Form is the ONLY WAY TO EFFECTIVELY CANCEL a web hosting account with Webmtech and meet potential deadlines to trigger Webmtech's limited Money-Back Guarantee or to avoid automatic renewal. Any cancellation requests send to or directed to Webmtech by email and/or phone and/or regular mail shall be null and void. Customer also agrees that any request for a refund shall be forfitted, if the Cancellation Request Form has not been used to cancel a web hosting account.


6b. 30 Day Money Back Guarantee
Each of Web Marketing Technologies1 shared hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration fees.


6.1 Failure to Pay
Web Marketing Technologies may temporarily suspend service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.


7. Indemnity
7.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

8. Limitation Of Liability
8.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to subclause 8.2.
8.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
8.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
8.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
8.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
8.6 In no circumstance will we be liable for any claims resulting from the use or inability to use Webmtech's services - including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to Webmtech servers, InterNIC problems, DNS caching, Internet bandwidth congestion, power failures, lost of data, vandalism, and natural disasters.

9. Notices
9.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

10. Law
10.1 This Agreement shall be governed by and construed in accordance with the United States law and you hereby submit to the non-exclusive jurisdiction of the United States courts.

11. Headings
11.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

12. Entire Agreement
12.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement. Terms are subject to change without notice at any time.