as of 10/31/2006
B. All Web611 Customer Billing Policy
Web611's services include, but are not limited to:
any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that Web611 provides to customers);
any use by customers, or any access provided to customers by Web611, of computing, telecommunications, software, information, hardware, and equipment;
any act, or provision of any service, by Web611 to customers, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
any provision by Web611 to customers, of any space, Internet connectivity, or electrical power;
any access or use related to the Web611's web site, including the web site itself;
any other service mentioned in the TOU;
any other service provided by Web611 to customers, whether used or not;
any other Web611 services that are used by customers, whether offered or provided by Web611 to customers.
Ownership of Web Site
The legal owner of customers' web sites and accounts with Web611 will be the individual or organization whose name is listed in Web611's database as the owner. Customers will fully cooperate with and abide by any and all of Web611's security measures and procedures in the event of any dispute over ownership of customers' web sites and accounts with Web611.
Web611 servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Web611 services, all Web611 customers certify that they and/or the organization they represent in procuring services from Web611 are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Web611's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Web611 server, and selling or distributing software (on a web site residing on a Web611 server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Web611 reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse:
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities:
Use of Web611's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Web611's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Web611 customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Web611 customer (per the DMCA) to Web611 must follow the below procedures. Copyright infringement notifications submitted to Web611 according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Web611's sole discretion.
DMCA Copyright Infringement Notification Requirements:
Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
Identification of the copyrighted work(s) claimed to have been infringed.
Identification of the material claimed to infringe the copyright(s), and enough information for Web611 to locate it including URLs and specific descriptions of the infringing material at each URL.
The Claimant's name, address, and telephone number(s).
A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
The use of Web611's services to store, post, display, transmit, advertise or otherwise make available child pornography or beatiality is prohibited. Web611 is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of such material on, or being transmitted through, its services.
Web611 is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Web611 urges its customers to assume that all of their on-line communications are insecure. Web611 cannot take any responsibility for the security of information transmitted over Web611's facilities. Additional details on privacy and Web611's use of customer information can be found in Web611's Privacy Statement located at http://www.Web611.com/privacy.htm.
Customers are required to use the Web611 network responsibly. This includes respecting the other customers of Web611. Web611 reserves the right to suspend and/or cancel service with any customer who uses the Web611 network in such a way that adversely affects other Web611 customers. While Web611 may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Web611 does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Web611 becomes aware of any violation of the TOU or other user agreements, Web611 may take any action to stop or correct such violation, including, but not limited to, denying access to Web611's services and equipment or to the Internet. In addition, Web611 may take action against a customer or a customer of such customer because of the activities of such customer. Web611 anticipates that customers who offer Internet services will cooperate with Web611 in any corrective or preventive action that Web611 deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Web611 policy and Web611 reserves the right to take any such action even though such action may affect other customers of the Web611 customer.
Actions Taken by Web611:
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Web611 will be the sole arbiter as to what constitutes a violation of the TOU. Web611 reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Web611 becomes aware of an alleged violation of its TOU, Web611 will initiate an investigation. During the investigation, Web611 may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Web611 may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Web611 will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Web611 does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Web611.
Web611 customers agree to protect, defend, hold harmless, and indemnify Web611, any third party entity related to Web611 (including, without limitation, third party vendors), and Web611's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Web611, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Web611's services.
The Web611 service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Web611 expressly disclaims any representation or warranty that the Web611 service will be error-free, secure or uninterrupted. No oral advice or written information given by Web611, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Web611 and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency:
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Web611 may immediately terminate provision of Web611's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Web611 in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Web611 (INCLUDING, WITHOUT LIMITATION, Web611's EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS Web611, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Web611's SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE SINCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR Web611 SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Web611 SERVICES EVEN IF Web611 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Web611's TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR Web611's SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Web611 OR Web611's REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Web611 may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Web611's services. Certain changes to Web611's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Web611 is not liable, for any and all such personalized applications and content, except as expressly agreed to by Web611.
Backup of Data
Except where Web611 has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Web611 is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Web611 services.
Web611 may conduct weekly maintenance windows during which time any or all of Web611's services may be unavailable. Web611 also reserves the right to conduct emergency maintenance windows at any time and without warning, during which time any or all of Web611's services may be unavailable.
Systems and Networks Information
Web611 makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, or validity of the data and/or information available. Use of information obtained from or through Web611 is at the sole risk of Customer. The data or information available through the interconnecting networks may not be accurate, and Web611 has no ability or authority over the data or information. Web611 makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, or validity of the data or information residing on or passing through the internconnecting networks. Use of data or information obtained from or through Web611's services is at the sole risk of each customer.
Third Party Licenses
Web611 makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Web611 makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Web611 specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Web611 liable in any way for the revocation of any license, which has been licensed to Web611. The use of the Technologies obtained from or through Web611, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Any mention of non-Web611 products by Web611, its employees, or any third party entity related to Web611 is for information purposes only and does not constitute an endorsement or recommendation by Web611. Web611 disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Web611 products or services.
Web611's Intellectual Property
Customers will not, without Web611's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Web611's web site, and customers will not use any of Web611's trademarks, service marks, copyrighted materials, or other intellectual property without Web611's express written consent. Customers will not, in any way, misrepresent their relationship with Web611, attempt to pass themselves off as Web611, or claim that customers are Web611.
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Web611's services, either in whole or in part, without the prior written consent of Web611.
Minimum Age Requirement
Web611 customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Web611 customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Web611 services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Web611's express written consent to the contrary. Any acceptance of the TOU or any other agreement for Web611's services will be deemed null and void to the extent that Web611 will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Web611's services.
Governing Law and Severability
The TOU, and any other agreement for Web611 services, will be governed by and construed in accordance with the laws of the State of Illinois, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Web611 will take place in Illinois, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Web611 agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
Web611 will not be liable for delays in its performance of the TOU or Web611 services caused by circumstances beyond Web611's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Web611 will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and Amendment : Any waiver, modification, or amendment of any provision of the TOU or other agreement for Web611 services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Web611.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Web611 and its customers. Each of Web611 and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for Web611 services, constitutes the complete understanding and agreement between Web611 and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Web611, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Web611 services is between Web611 and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Web611.
B. All Web611 Customer Billing Policy
All charges are shown in US Dollars. Web611 only accepts payments with credit cards:
- Credit card (VISA, MasterCard, American Express, Discover)
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Web611 your credit card information, you authorize Web611 to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Web611's Billing Policy in the TOU. Charges subsequent to your initial order will accumulate in your account until such charges exceed $9.95. Web611 will then automatically charge your credit card on the next Account Statement Date. You are responsible for directly updating, or notifying Web611, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.
Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
Billing Cycles (Terms)
Web611 only offers automatic credit card billing to keep our overhead low. The Billing Cycle begins on the Date of Purchase.
You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Web611 does not mail paper invoices or statements.
Statements can be requested via email, and we will reply with a complete statement via email.
Hosting plans will automatically renew until a plan is cancelled.
In order to cancel service, you must
login to your Web611 account, then Open a Support Ticket stating you would like your service
cancelled. If you do not receive an email stating your website has been cancelled, you
should not "assume" your website has been cancelled. Login to your account and try to view your website.
Support will respond
with a cancellation confirmation. If you DO NOT receive this confirmation, your account
IS NOT considered canceled.
Please be aware that there are no pro-rated refunds after the first 30 days of service.
Cancellation requests must be received by Web611 a minimum of ten (10) days prior to the end
of your Billing Cycle. Cancellations submitted later than this time may result in automatic
renewal of your hosting plan. Cancellations become effective on the day processed by Web611.
Web611 is unable to cancel your account effective for a future date. Web611 will confirm
the cancellation request when it is processed. If you do not receive a confirmation, please
contact Web611 as soon as possible.
Web611 does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Web611's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Web611 reserves the right to cancel any account, at any time, without notice, for any reason Web611 considers appropriate.
30 Day Money Back Guarantee
Each of Web611's 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 if any)
upon plan cancellation.
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.
Web611's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.