Terms & Conditions
This agreement (this “Agreement”) represents the complete agreement and understanding between WWWebTek, Inc. (“WWWebTek“) and you, the WWWebTek account holder (“you”) and supersedes any other written or oral agreement. By establishing an WWWebTek account or using the Services (defined below), you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, the WWWebTek Acceptable Use Policy and WWWebTek’s other policies (collectively, the “Online Policies“).
1.0 Basic Terms
1.1 WWWebTek provides email, web hosting, domain hosting and other services, as may exist from time to time (the “Service(s)“), to individual account holders (“Customers“) who pay a monthly fee and who comply with the terms and conditions of this Agreement and the Online Policies. You agree to abide by the terms and conditions of this Agreement and the Online Policies and agree that such Online Policies are incorporated into this Agreement by reference.
1.2 This Agreement is effective from your acceptance of these terms and conditions, which is indicated upon the first use of the Service through your account, whichever is first.
1.3 You agree that WWWebTek may: (1) revise the terms and conditions of this Agreement; (2) revise its billing rates and account surcharges, and; (3) alter the Services at any time. Any such revisions will be binding and effective immediately on the earlier of posting the revised Agreement on WWWebTek’s home page, or on notification to you by e-mail. You agree to review the Agreement periodically to be aware of any such revisions. You agree that, by continuing to use the Service following any revision to the Agreement, you accept any such revisions and agree to abide by any such revisions. If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by the methods described in Section 9 hereof.
1.4 If you are a current Customer when this Agreement becomes effective, your continued use of the Service signals your acceptance of the terms of this Agreement.
2.0 Use of Services
2.1 WWWebTek user accounts are for individual users and you therefore agree not to share the password of the account. Customers must be at least 18 years of age.
2.2 You agree to maintain a secure password to the account. Secure passwords are those that are at least 5 characters, and contain at least 2 numbers.
2.3 Any means of identification assigned to you by WWWebTek in order for you to use the Service is and will remain the property of WWWebTek. This identification may be altered or replaced at any time by WWWebTek. These means of identification include but are not limited to account usernames and email addresses.
2.4 You agree to use the Services only as permitted by applicable local, state and federal laws (“Law”). Any use of the Service not in compliance with Law, this Agreement or the Online Policies may result in the immediate termination of your account.
2.5 Except for software provided by WWWebTek, you are responsible for providing all computer equipment and software necessary to access the Service. You will be responsible for the maintenance of any equipment or software not provided by WWWebTek. You agree to be bound by the terms and conditions of the End User License Agreement for any software provided to you by WWWebTek.
2.6 User shall not post or transmit through the Site, any material which violates or infringes in any way upon the intellectual property rights of others, which is unlawful, threatening, abusive, extortionary, defamatory, violent, gory, harassing, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, racist, fraudulent or otherwise objectionable, which promotes or glorifies suicide, self-harm, drug abuse or bullying, which encourages conduct that would constitute a criminal offense, give rise to civil liability, be an incitement to violence or hatred, or otherwise violate any law. WWWebtek reserves the right to terminate the account of any User who, in the sole determination of WWWebtek, has violated the foregoing policy.
3.0 Payment of fees
3.1 You are responsible for all activities and charges assessed as a result of use of your passwords and account in connection with the Service. WWWebTek reserves the right to change prices, service bundles, or product offerings. WWWebTek reserves the right to collect applicable taxes, and impose premium surcharges for users with excess usage.
3.2 All Customers are billed monthly in advance. All past funds paid to WWWebTek are non-refundable in the event of account cancellation. Funds paid for unused services (past the termination date) will be refunded.
3.3 Accounts that are delinquent are put on “suspension” and may not be used. WWWebTek accounts continue to accrue charges while they are suspended. Accounts that are on suspension will only be reactivated after the WWWebTek Accounting department has cleared the account and the account is paid in full. WWWebTek may, at its sole discretion, charge a fee of $15.00 USD to reinstate a suspended account. You acknowledge full responsibility for the account until payment in full is made.
3.4 You agree to pay all Sales and Use Taxes, Duties, or Levies, which are required by Law (where applicable). You agree to pay all attorney and collection fees arising from efforts to collect any unpaid balance on your account.
3.5 If you believe that WWWebTek has charged you in error, you must contact our customer service department within 60 days after such charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.
4.0 Availability of Services
4.1 WWWebTek makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. WWWebTek reserves the right to change the Service at any time with or without notice. Features of the Service that are subject to change include, but are not limited to: access procedures, commands, documentation, hours of operation, menu structures, and vendors. WWWebTek cannot and will not guarantee that the Service is sufficient to meet your needs.
4.2 THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WWWEBTEK NOR ITS AFFILIATES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS.
5.0 Content of Communications
5.1 The Service provides you access to information, communications, software, photos, video, graphics, music, sounds and other material and services located both on WWWebTek’s or its partners computer servers and on the Internet generally (“Content”). WWWebTek does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on WWWebTek’s or its partner’s servers or on the Internet generally which may violate this Agreement or the Online Policies. Accordingly, WWWebTek can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through WWWebTek’s servers or the Internet generally. YOU AGREE THAT YOU MUST EVALUATE AND BEAR THE RISKS ASSOCIATED WITH THE SUBJECT MATTER, ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE TO YOU ON OR THROUGH THE SERVICE.
5.2 You agree that WWWebTek has the right, but not the obligation, to remove Content from WWWebTek’s computer servers, which WWWebTek, in its sole discretion, determines to be in violation of this Agreement or WWWebTek’s Online Policies.
5.3 WWWebTek reserves the right to distribute specific service-related or informative emails to our subscribers on an ad hoc basis that it feels is pertinent to the quality of our service.
6.0 Copyright and Other Rights
6.1 The Service provides access to Content that is protected by copyrights, trademarks, trade secrets, patents, intellectual property rights, and other proprietary rights (“Rights”) of independent third parties. You agree to use such Content only in accordance with applicable Law and the specific restrictions placed on such Content by the owners or licensors of the Rights in such Content. Except as expressly permitted by the owner of such proprietary rights, you may not reproduce, upload, post, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such material.
6.2 You agree that by posting or transmitting Content to any public area (e.g. public chat rooms, message boards, software libraries) you automatically grant — or warrant that the owner of such Content has expressly granted — WWWebTek the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.
7.0 Disclosure of Subscriber Information
7.1 WWWebTek has no obligation to monitor the Service. However, WWWebTek may monitor the Service electronically and may disclose information regarding your use of the Service as may be necessary or advisable to satisfy applicable Law or governmental requests; to operate the Service properly; or to protect itself or its customers.
8.0 Disclaimer of Warranties; Limitation of Liabilities
8.1 You agree that WWWebTek may establish limits concerning use of any WWWebTek Services offered, including without limitation the maximum number of days that e-mail messages will be retained by any WWWebTek Services, the maximum number of e-mail messages that may be sent from or received by an account on any WWWebTek Services, the maximum size of an e-mail message that may be sent from or received by an account on any WWWebTek Services, the maximum disk space that will be allotted on WWWebTek servers on your behalf, and the maximum number of times and duration you may access any WWWebTek Services in a given period of time.
8.2 You agree that WWWebTek has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any WWWebTek Services. You acknowledge that WWWebTek reserves the right to log off accounts that are inactive for an extended period of time as determined by WWWebTek.
8.3 WWWEBTEK MAKES NO WARRANTY THAT ANY WWWEBTEK SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WWWEBTEK DOES NOT MAKE ANY EXPRESS WARRANTY AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH ANY WWWEBTEK SERVICE OR ON THE INTERNET GENERALLY. Without limiting the generality of the foregoing, WWWebTek expressly disclaims any and all loss or liability resulting from: (1) loss of data; (2) loss of software or hardware; (3) loss or liability resulting from access delays or access interruptions; (4) loss or liability resulting from computer viruses; (5) loss or liability resulting from data non-delivery or data mis-delivery; (6) any other loss or liability resulting from the negligent acts and/or omissions of WWWebTek or WWWebTek subscribers; (7) loss and liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Service, and; (8) loss or liability resulting from acts of God.
8.4 UNDER NO CIRCUMSTANCES SHALL WWWEBTEK, ITS AFFILIATES, OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF (OR THE USE OF OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT) THE SERVICES OR THE INTERNET GENERALLY OR YOUR INABILITY TO USE THE SERVICE; ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
9.0 Termination; Cancellation
9.1 WWWebTek shall have the right to terminate, or restrict, your Service at any time, if WWWebTek, in its sole discretion, determines that you are in violation of this Agreement or the Online Policies. You agree that, if WWWebTek determines that you are in violation of this Agreement, any restriction or termination of your Service will be effective immediately, without prior notice. You agree that WWWebTek will have no liability to you for any restriction or termination of your Service pursuant to such violation.
9.2 IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY OF ITS TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USING THE SERVICE BY CANCELING YOUR WWWEBTEK ACCOUNT.
9.3 To cancel your account, you must contact Customer Service. Cancellations must be made 30 days in advance.
9.4 All WWWebTek accounts must be paid in full before cancellation will be considered complete.
10.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflicts of law provisions. Additionally, Florida Courts will have exclusive jurisdiction over any issue arising as a result of this Agreement.