|OUR EMAIL AND WEBSITE HOSTING POLICIES|
Effective: December 26, 2011
Today: September 24, 2022
Client is engaging LakeShore Computer Technologies/WebSlingers Web Development (hereinafter referred to as "WebSlingers"), as an independent contractor for the specific purpose of hosting a World Wide Web site.
Internet services from WebSlingers is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to WebSlingers or any information or software therein.
WebSlingers shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by WebSlingers' own negligence.
Without limiting the generality of the foregoing, WebSlingers disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the WebSlingers services. In no event shall WebSlingers' aggregate liability exceed the amount paid by you to WebSlingers for WebSlingers' services.
The Client is responsible for all use of the Client's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. WebSlingers will suspend access or change access to Client's account(s) immediately upon notification by Client that Client's password has been lost, stolen or otherwise compromised. WebSlingers is not liable for any usage and or charges prior to WebSlingers making the necessary account alteration. Electronic mail on this system is as private as we can make it. WebSlingers' Clients are reminded that no computer network can ever be considered completely safe from intrusion. Email may pass through many computer systems, and should not be considered a secure means of communication unless encrypted -- and even encrypted information is only as secure as the encryption method utilized.
4. PERSONAL FILES
WebSlingers is not responsible for any Client's personal files residing on WebSlingers' computer network. The Client is responsible for independent backup of the Client's data that is stored on WebSlingers' computer network. WebSlingers reserves the right to delete any Client 's personal files after one or both parties terminates the service agreement between WebSlingers and the Client. WebSlingers will delete Client files immediately after a service is suspended for non-payment of overdue monies. At which time, new setup fees may be charged to reactivate the account.
5. NON-TRANSFERABILITY OF ACCOUNT
The right to use WebSlingers' web hosting service is not transferable. Use of WebSlingers accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address.
6. NETWORK ADDRESS OWNERSHIP
Any network address assignments issued by WebSlingers (i.e., IP addresses and Class C address space) are the property of our upstream providers and are considered to be loaned to WebSlingers' Clients. In the event that a Client's service with WebSlingers is discontinued for any reason, such addresses will revert to WebSlingers and subsequently our upstream providers. If a Client of WebSlingers participates in a service of WebSlingers which provides for a unique Domain Name System (DNS) entry, the Client will retain ownership of the assigned Domain Name, provided they have registered and paid for such with the appropriate agency, but not to the IP address to which it was assigned by WebSlingers.
7. COMPLIANCE WITH ALL LAWS
Client agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the State of Michigan and the Client's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Client agrees that any material to be reproduced or transmitted on WebSlingers' service through Client 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on WebSlingers' computer network. The Client shall defend, indemnify and hold harmless WebSlingers, its subsidiaries, employees, et al, from and against any claims, liabilities and expenses, including attorney fees, resulting from any Client's use of the WebSlingers service or a Client's account in an unlawful manner or otherwise in violation of or contrary to the Client's Agreement with WebSlingers or WebSlingers' Acceptable Use Policies. At WebSlingerss' discretion, WebSlingers may revoke any Client's access to WebSlingers services or accounts for inappropriate usage. Complaints received by WebSlingers addressing content issues will be forwarded to Client via email. Client then has 24 hours to correct and respond to WebSlingers and source of such complaint. Failure by Client to respond may result in immediate interruption of service, without refund.
8. UNACCEPTABLE CONDUCT
The following types of conduct are grounds for immediate suspension of service pending investigation by WebSlingers and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, WebSlingers reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a WebSlingers Client as described below before such postings are forwarded:
(a) Sending unsolicited mass email messages (i.e., to more than 25 users) which provoke complaints from the recipients. Spam/UCE (unsolicited commercial email) complaints will be met with a warning to the Client. The Client will have 48 hours to respond to warning. If Client does not respond, WebSlingers has the option, at its sole discretion, to cancel the Client's account. If the Client responds to a warning and continued complaints arrive, WebSlingers has the option, at its sole discretion, to cancel the Client's account. Any monies paid by Client will not be returned to Client as payment for the administration charge for dealing with such complaints. Account setup fees are not refundable.
(b) Engaging in activities described in (a) above from a provider other than WebSlingers and using an account on WebSlingers as a mail drop for responses, or to draw attention to a website housed within WebSlingers' networks.
(c) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by WebSlingers.
(d) "Mail bombing", i.e., sending large volumes of unsolicited email to individuals or to individual business accounts.
(e) Impersonating another user or otherwise falsifying one's user name in email or with any other Internet service (this does not preclude the use of nicknames in IRC or the use of anonymous remailer services).
(f) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user. We reserve the right to monitor your paths through the network.
(g) Network-unfriendly activity: Attempts to interfere with the regular workings of WebSlingers' systems or network connections or which adversely affect the ability of other people or systems to use WebSlingers' services or the World Wide Web, including, but not limited to:
1. Any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other WebSlingers system.
2. Any use of this or any other WebSlingers system as a staging ground to disable other systems.
3. Client agrees that WebSlingers charges a fee not less than $200/per hour per occurrence, one hour minimum, as an administrative fee for answering email, accepting telephone calls, writing letters, reading email and/or U.S. mail, consulting with upstream providers and any other extra work relating to a Client's use of preceding SPAM, UCE, harassment and/or copyright issues. We highly recommend that Clients refrain from this activity as it is very expensive for them.
(h) Any activity which violates the laws or statutes of the United States or the State of Michigan.
9. EXCESS UTILIZATION OF SYSTEM OR NETWORK RESOURCES
WebSlingers provides our Clients with bandwidth, disk space and other resources, such as email, MySQL databases, and/or FTP accounts, with limitations which vary depending on the services purchased. WebSlingers does not offer "unlimited" service resources.
In all cases, these services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. WebSlingers reserves the right to suspend, discontinue or delete accounts where use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other Clients, regardless of the amount of disk space, bandwidth or other resources included in the Client's plan.
Client agrees that such usage shall not exceed the amounts set by WebSlingers for the services purchased and is additionally subject to normal usage guidelines established by WebSlingers as in effect from time to time. These allotments are optimized and dedicated towards serving the content and Client's active electronic mail services related solely to Client's web hosting account(s) with WebSlingers.
WebSlingers' account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Clients, and use up to these limits is included in the price for that type of service. In the event WebSlingers determines that a Client is exceeding the bandwidth, CPU and/or disk utilization limits for their service, the Client will be notified by email. If the excess use continues for more than 24 hours after such notification or hampers the performance of the server that the Client's site is hosted on, the Client may be requested to upgrade their web hosting service agreement, or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by WebSlingers to adversely affect WebSlinger's ability to provide service for all Clients, immediate action may be taken to alleviate the problem. In such event, the Client will be notified by email as soon as practical.
The Client is responsible for removing any files, emails or other data which do not meet these requirements, and for adhering to any limits allocated to their service(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and emails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
WebSlingers reserves the right to monitor any and all communications through or with WebSlingers facilities. Client agrees that WebSlingers' network is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for WebSlingers' employees to examine system accounting logs and other records to determine if privacy violations or other network-unfriendly activities have occurred. WebSlingers also reserves the right to access a Client's mailbox or other files stored on WebSlingers systems to resolve system problems or mail system errors or other reasons.
11. COOPERATION WITH AUTHORITIES
WebSlingers reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or email containing threats of violence or other illegal activity.
12. CONFIDENTIALITY OF PERSONAL SUBSCRIBER INFORMATION
WebSlingers will not release a Client's personal subscriber information or a Client's billing information to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction.
Client agrees that WebSlingers' judgment as to the validity of any court order of subpoena shall be considered proper and final.
13. TERM OF AGREEMENT
This Agreement shall remain in full force during the length of the term you have selected, recorded and paid for upon opening of your hosting account. If you choose to renew your hosting service, the terms of this Agreement shall be extended. If you cancel your hosting service, these terms and conditions will cease to be in effect.
14. FEES AND PAYMENT
a. Hosting fees are nonrefundable. These fees are nonrefundable, in whole or in part, even if your hosting service is suspended or canceled prior to the end of the term.
b. Chargebacks. In the event of a chargeback, credit card fraud or other nonpayment in connection with any required hosting fees, your website will be taken offline. WebSlingers may, at our sole discretion, reinstate your website upon receipt of all applicable service fees in addition to a reinstatement fee of $100.
c. Paid Status. Hosting accounts which that have passed their anniversary date must be in a paid status or they will be suspended. Hosting accounts in an unpaid status may be deleted without notice to you.
WebSlingers will send you an invoice 30 days before your hosting service is scheduled to expire. If our invoice isn't paid by the hosting expiration date, WebSlingers will suspend your hosting account.
WebSlingers may disable a hosting account if it is being used, as determined by WebSlingers in its sole discretion, to be in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which you conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm or unethically use minors in any way.
In the event WebSlingers disables a hosting account for being used in association with spam or morally objectionable activities, no refund will be issued.
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