WEB2WIN.NET Web Hosting Services Agreement :
The terms and conditions set forth herein constitute the full and
complete agreement between you and web2win Technologies. Your
agreement to be bound by these terms is acknowledged by your use
of the web2win.net Web Site, Hosting Services, Support Services
and/or any web2win.net software made available to you. The terms
contained herein supercede and replace any other agreement or
negotiation between you and Web2win.net whether oral, written or
otherwise including any statements made by any representative of
web2win.ent at any time.
1 FEES: PAYMENT OF FEES
Fees – web2win.net charges
the following fees where applicable. All such fees are subject to
change with 30 days notice.
-
Account Set-Up Fee
-
Service Fee
-
Domain Registration Fee.
All services will activated
upon realization of payment on Web2win Technologies.
2 WEB HOSTING SERVICES
For the term of the agreement
as set forth herein Web2win.net agrees to provide web hosting
services according the plan selected by you upon activation of
your account. Web2win.net reserves the right to change, amend
and/or otherwise alter the services provided with equivalent or
otherwise equal services without prior notice to you. You agree to
receive periodic emails from Web2win.net in regards to products,
services, your account, and system updates.
3 DOMAIN REGISTRATION
SERVICES
At Customer's request,
Web2win.net may also acquire a Second-Level Domain Name ("Domain
Name"), on behalf of Customer. Web2win.net will not own or
otherwise control any domain name registered on your behalf under
this paragraph. Web2win.net provides this service as a convenience
to you only and you hereby waive any and all claims which you may
have, or which may later arise, against Web2win.net for any and
all damages, losses, claims or expenses arising our or related to
the acquisition, registration and/or use of the Domain Name. Any
costs incurred by web2win.net to obtain and/or maintain the Domain
Name on your behalf shall be charged to you by Web2win.net under
the provision therefore elsewhere herein.
4 ACCEPTABLE USE
Web2win.net strictly enforces
compliance with its acceptable use terms. You agree to maintain
your website in full compliance with the terms set forth below.
Failure to so comply is cause for immediate suspension and
possible termination of services immediately.
You agree that you will not
violate the laws, regulations, ordinances or other such
requirements of any applicable Federal, State or local government.
You agree not to take any
action which encourages or consists of any threat of harm of any
kind to any person or property.
You agree not to transmit any
unsolicited commercial or bulk email. You will not engage in any
activity known or considered to be "spamming" or "Mail Bombing"
You agree not to make any
inappropriate communication to any Newsgroup, Mailing List, Chat
Facility, or other Internet Forum.
You agree not to cause any
harm to minors of any kind or to perform any activity which is
likely to cause such harm.
You agree not to make or
attempt any unauthorized access to any Web2win.net website or the
website of any Web2win.net customer.
You agree not to infringe any
copyright, trademark, patent, trade secret, or other proprietary
rights of any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the digitization and
distribution of photographs from magazines, books, or other
copyrighted sources, and the unauthorized transmittal of
copyrighted software.
You agree not to undertake
any action which is harmful or potentially harmful to the
Web2win.net server structure.
You agree not to sublease
your account or offer free space to other clients using Sub
Domains, Add on Domains, Sub Directories, or by any other means.
Our web plans are for single users only.
You agree not to run a banner
exchange, free adult tgp (thumbnail gallery post) and free adult
image galleries on your website.
You agree not to collect or
attempt to collect personally identifiable information of any
person or entity without their express written consent. You shall
maintain records of any such written consent throughout the terms
of this agreement and for three years thereafter.
OWNERSHIP OF INTELLECTUAL PROPERTY:CONFIDENTIALITY
It is understood and agreed
that during the term of this agreement and thereafter you may come
into possession of information which is the confidential and
proprietary information of Web2win.net including but not limited
to the Web2win.net customer service and maintenance tools. You
acknowledge that all right and title to any such Web2win.net
intellectual property shall remain the sole property ofWeb2win.net
and that you have no right, title or interest therein. You further
agree not to provide access to the web2win.ent services to any
third party. You agree yourself and not to assist any third party
in any way to translate, decompile, reverse engineer, disassemble,
modify, reproduce, rent, lease, lend, license, distribute, market
or otherwise dispose of any portion of the Web2win.ent Services.
Any and all right or title to any engineering, coding, programming
or customer service work around or other modification of the
Web2win.net service shall also remain the sole property or
Web2win.net.
During the term of this
agreement you may have access to certain information and materials
relating to the Web2win.net business, customers, software
technology and marketing which web2win.ent treats as confidential
(hereinafter "Confidential Information"). You agree to at all
times during the term of this agreement and otherwise as set forth
herein: (i) hold in confidence, and not disclose or reveal to any
person or entity, any "Confidential Information" without the
express prior written consent of Web2win.net; and (ii) not use or
disclose any of the "Confidential Information" for any purpose at
any time, other than pursuant to your rights under this agreement
for the purpose intended. These obligations shall continue
indefinitely for so long as the Confidential Information is a
trade secret under applicable law and shall continue for three (3)
years following termination of this Agreement with respect to
Confidential Information, which does not rise to the level of a
trade secret.
THE WEB2WIN.NET SERVICE IS
PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE.
In general, Web2win.ent has
no control over information contained on the Internet. Information
obtained by you from the Internet may be inaccurate, offensive or
in some cases even illegal. Web2win.ent accepts no responsibility
for any information which you receive from the Internet. You
accept full responsibility to verify the truth and accuracy,
legality and ownership of the information that you obtain from the
Internet as well as the reputation of the individuals with whom
you may deal. Web2win.ent provides no warrantee for any goods or
services which you obtain over the Internet nor the compatibility
of any such services with the web2win.net website.
You specifically hereby waive
any claim for damages of any kind whether direct, indirect,
special, exemplary, punitive, incidental or consequential, loss of
profits or loss of business as the result of any action taken in
response to any claim of copyright infringement without regard to
whether or not the material claimed to have been infringing is
later found to be infringing.
THE TOTAL SOLE AND EXCLUSIVE
REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS
AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER
INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES
PAID BY YOU TO WEB2WIN.NET IN THE THREE MONTHS IMMEDIATELY
PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO
EVENT SHALL WEB2WIN.NET BE LIABLE FOR ANY INDIRECT, SPECIAL,
EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF
PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR
INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
INDEMNITY.
You agree to fully defend and
indemnify and hold harmless Web2win.net of and from any and all
third party claims, causes of action, demands, costs, damages
including both direct and consequential damages, specifically
including attorneys fees and costs, expert fees and costs and
mediation and/or arbitration fees and costs incurred (whether paid
or not) as the result of any breach or claim of breach of this
agreement or your negligence whether active or passive or any
negligence of Web2win.net in any way related to your use of the
Web2win.net service or any portion thereof.
You agree to fully defend and
indemnify and hold harmless web2won.net of and from any and all
third party claims, causes of action, demands, costs, damages
including both direct and consequential damages, specifically
including attorneys fees and costs, expert fees and costs and
mediation and/or arbitration fees and costs incurred (whether paid
or not) as the result of any violation or claimed violation of any
copyright or other intellectual property right of any third party
which is in any way related to your use of the Web2win.net service
or any portion thereof. Choice of counsel remains exclusively that
of Web2win.net
13.3 You agree that upon the
assignment of your user ID and password that you will maintain the
confidentiality of your account information and assume all
responsibility of and from any loss, theft or other destruction of
any data as the result of any access to your account via the use
of your user ID. You further agree to defend and indemnify and
hold harmless To Web2win.net. of and from any and all third party
claims, causes of action, demands, costs, damages including both
direct and consequential damages, specifically including attorneys
fees and costs, expert fees and costs and mediation and/or
arbitration fees and costs incurred (whether paid or not) as the
result of any claim for damages in any way related to the
disclosure of your confidential User ID and Password information.