WebTown.net (hereby called "The Service Provider") is an Internet Service Provider, a division of FiberCast Corporation and host of personal and business World Wide Web pages. The Service Provider maintains web hosting as a service to the Internet community. The goal of The Service Provider is to provide you with the best service possible for an enjoyable Internet experience. These Terms and Conditions are designed to keep The Service Provider and the Internet enjoyable and useful for all of our subscribers. The Service Provider is committed to and supports the free flow of information and ideas over the Internet. The Service Provider does not actively monitor nor does The Service Provider exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over The Service Provider services. However, The Service Provider reserves the right to remove any materials The Service Provider does become aware of that are, in The Service Provider's sole discretion, potentially illegal, could subject The Service Provider to liability, or violate this policy. The use of The Service Provider is subject to the following terms and conditions.
The Service Provider may amend this agreement on an as needed basis by placing an update of this posting, and your continued use of The Service Provider following each updated posting shall be deemed to be your acceptance of any such modification. Furthermore, it is your responsibility to monitor the "Terms and Conditions" page of The Service Provider regularly to determine whether the terms and conditions have been modified. If changes to terms and conditions or pricing have been made, these changes will take effect on the date of Client's contract renewal. If you do not agree with the Terms and Conditions of The Service Provider or any modifications or changes to this Agreement, you must immediately stop using The Service Provider.
The entire content of The Service Provider is Copyrighted, and all rights are reserved. You may save to disk or print out individual or selections of information contained within The Service Provider for your own use, provided that you do not collect multiple small selections for the purpose of replicating or copying all or substantial portions of The Service Provider.
TERMS OF CONTRACT
I. Financial Arrangements
1. Client agrees to the contract for the length specified, beginning upon The Service Provider's receipt by fax, e-mail, or express mail. Client agrees to pay The Service Provider for services rendered pursuant to the payment schedule.
2. First payment shall be due upon receipt of contract.
3. This agreement will automatically renew for identical successive periods unless canceled in writing or modified by client prior to the renewal date. Client will receive an invoice for charges and payment is due upon receipt of invoice.
4. Initial payment is due with contract. Contract takes effect on the date of receipt of payment, and will be renewed automatically for identical successive periods. Any changes made to the Client's package (e.g. extra traffic charges, additional server space, additional e-mail accounts) shall be billed accordingly.
5. All orders are subject to acceptance by The Service Provider. An order will be deemed accepted by The Service Provider when confirmation of the order is sent to Customer. The Service Provider may refuse to accept any order, or delay acceptance awaiting completion of conditions The Service Provider may choose to exercise. Such refusal of such conditions may not be unreasonable, however, and The Service Provider agrees to provide Customer with reasonable notice by E-mail or fax of any intent to delay or decline the acceptance of any order.
6. The Service Provider reserves the right to suspend the customers account and services without notice should there be any problems with the customers method of payment. This includes expired credit cards, declined credit cards, inactive credit cards, and invalid checks.
The Service Provider shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or The Service Provider's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold.
III. Material and Products
1. The Service Provider will exercise no control whatsoever over the content of the information passing through the network or on the Client's web sites. The Service Provider makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. The Service Provider also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions or gaps by any cause or errors or omissions of the Client. The Service Provider is not responsible for any loss, erasure, or corruption of Client's data or files whatsoever. Use of any information obtained by way of The Service Provider is at the Client's own risk, and The Service Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of connection to The Service Provider and does not represent guarantees of available end to end bandwidth. The Service Provider expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rate monthly charge during the system unavailability. The Service Provider specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "Server-ready", The Service Provider may, at its option and at any time, reject this material, including but not limited to after it has been put on The Service Provider's Server. The Service Provider agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of The Service Provider. If the Client fails to modify the material, as directed by The Service Provider, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be terminated.
IV. Trademarks & Copyrights
Client warrants that it has the right to use the applicable trademarks, if any.
The Service Provider may request the right to use such trademarks in connection with The Service Provider's service(s).
Client will review such a request promptly, and not unreasonably withhold such permission.
V. Etiquette and Policy
1. The network resources of The Service Provider may not be used to impersonate another person or misrepresent authorization to act on behalf of others or The Service Provider. All messages via The Service Provider should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users may not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. Clients may not use The Service Provider's server for mass e-mail or "spamming" purposes.
2. The Service Provider may impose reasonable rules and regulations regarding the use of its services. Customer shall impose such rules and regulations on its customers to the extent necessary to ensure compliance.
3. The Service Provider may discontinue servicing any Plan, or may require fulfillment of terms or conditions The Service Provider may choose to impose as a prerequisite for continuing to service any such Plan. Such discontinuation or requirement may not be unreasonable, however, and The Service Provider agrees to provide Customer with reasonable notice by E-mail and fax of any such intent to discontinue or impose certain conditions.
4. The Service Provider's
services may not be used for illegal purposes, or in support of illegal activities. The
Service Provider reserves the right to cooperate with legal authorities and/or injured
third parties in the investigation of any suspected crime or civil wrong. Activities which
are prohibited as potentially illegal include, but are not limited to:
VI. Charges for Space and Server Traffic Above and Beyond that which are Allocated in Client's Hosting Plan
Client agrees that it will be charged and will remit payment for extra server traffic pursuant to the web site hosting package that Client has selected. Said charges will be prorated and will appear on the following invoice. Charges for excess server traffic are posted in the services section of http://www.webtown.net/. Client agrees that it will be charged and will remit payment for extra server storage space and extra e-mail accounts pursuant to the web site hosting package that Client has selected. Said charges will be prorated and appear on the following invoice. Charges for extra server storage space and extra e-mail accounts are posted in the services section of http://www.webtown.net/.
1. This Agreement may be terminated by The Service Provider, without cause, by giving the other party 30 days notice via e-mail or fax. In such event, The Service Provider will be required to pay to the other party an amount equal to the unused and prorated portion of service excluding any setup charges. Notwithstanding the above, The Service Provider may terminate the service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. It is the client's responsibility to point their domain(s) to another service provider upon termination, cancellation or discontinuation of service.
2. The Service Provider offers a 30-Day money back guarantee for its services. This guarantee excludes any setup fees or installation charges applied to The Service Provider's services.
3. The Service Provider will not issue refunds or credits past the 30-Day money back guarantee.
VIII. Limited Liability
1. Client expressly agrees that use of The Service Provider's Server is at Client's sole risk. Neither The Service Provider, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that The Service Provider's Server service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through the The Service Provider Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall The Service Provider, its officers, agents or any one else involved in creating, or distributing The Service Provider's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the The Service Provider Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to The Service Provider's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on The Service Provider's Server service.
Client agrees that it shall defend, indemnify, save and hold The Service Provider harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees, ("Liabilities") asserted against The Service Provider, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless The Service Provider against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with The Service Provider's Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on The Service Provider Server.
X. Partial Invalidity
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. The Service Provider and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.
The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of cooperation without formal procedures. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 10 shall be subject to arbitration upon written demand of either party. Arbitration shall take place in Manchester, New Hampshire or at a different location if the parties so agree. The arbitration will take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's pay. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceeding. Each party shall have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction.
Should any legal action permissible under this agreement be taken to enforce the conditions and terms of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable legal fees and expenses incurred at the trial and appellate levels.
Customer acknowledges that by reason of their relationship, both customer and The Service Provider may have access to certain products, information and materials relating to the other party's business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both The Service Provider and customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be.
Customer and The Service Provider further agree that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or The Service Provider.
Except with respect to service of process as set forth in paragraph , all notices may be sent by e-mail, fax, or express mail to the e-mail address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.