|
Web
Hosting
E-Commerce
Web
Packages
Domain
Registration
Multimedia
Design
Resellers
Internet
Marketing
Contact
Us
Order
Support
Desk
|
Let Us Make The
World Wide Web EASY!
|
|
|
|
WEB
SERVICE TERMS AND CONDITIONS
All
billings and technical assistance provided by E My Web.com....All
services provided by E My Web.com and all users must abide
by the E My Web.com customer agreement. E My Web.com is a
proud reseller of Hostway.com 's services.
Customer's
access and/or login into their respective personal accounts
shall be deemed as acceptance of the agreed upon terms and
conditions stated below.
This
agreement represents the complete agreement and understanding
between E My Web (hereinafter referred to as "EMW")
and our Customer and supercedes any other written or oral
agreement. Upon notice published on-line EMW may modify the
terms and conditions contained herein and may discontinue
or change services offered in the event of Customer's failure
to comply with the following provisions.
1.
SERVICE. EMW's discounted hosting service is provided via
Concentric Net. All EMW Customers are subject to Hostway's
customer agreement policy, which can be viewed at http://www.hostway.com.
The use of any data or material by the Customer via the service
provided by EMW is at the Customer's sole and absolute risk.
EMW specifically disclaims and denies responsibility for the
completeness and/or accuracy of quality of any and all information
obtained through the services to be provided hereby.
2.
USE OF SERVICE. It is for the exclusive use of the Customer
specifically named on the account and does not extend to any
other person or entity.
3.
WARRANTIES. EMW offers a 30 day customer satisfaction guarantee
(see paragraph seven (7)for more details). EMW will utilize
its best efforts to maintain acceptable performance of the
contracted services, but EMW makes absolutely no warranties
whatsoever, express or implied, including warranty of merchantability
or fitness for a particular purpose. EMW cannot guarantee
continuous service, service at any particular time, or integrity
of data stored or transmitted via its system or via the Internet.
EMW will not be liable for the inadvertent disclosure of,
or corruption or erasure of, data transmitted or received
or stored on its system. EMW shall not be liable to Customer
or any of its customers for any claims or damages which may
be suffered by Customer or its customers, including, but not
limited to, losses or damages of any and every nature, resulting
from the loss of data, inability to access Internet, or inability
to transmit or receive information, caused by, or resulting
from, delays, nondeliveries, or service interruptions whether
or not caused by the fault or negligence of EMW.
4.
INDEMNIFICATION. Customer agrees that it shall defend, indemnify,
save and hold harmless from any and all demands, liabilities,
losses, costs, claims, including reasonable attorney's fees,
("Liabilities") against EMW, its agents, its customers,
servants, officers, employees, that may arise or result from
any services provided, performed or agreed to be performed
or any product sold by Customer, its agents, employees or
assigns. Customer agrees to defend, indemnify and hold harmless
EMW against Liabilities arising out of any injury to person
or property caused by any products sold or distributed in
connection with EMW's service; and material supplied by Customer
infringing or allegedly infringing on the proprietary rights
of a third party; copyright infringement and any defective
product which Customer sold on EMW's Server. As a result of
this, Customer agrees that EMW shall not be liable to Customer
for any claims of actual, compensatory and/or consequential
damage which may be suffered by Customer, including, but not
limited to, losses or damages due to the loss data resulting
from delays, non deliveries, or service interruptions caused
by the fault or negligence of EMW. Notwithstanding the above
mentioned, Customer's exclusive remedies, damages, losses
and causes of actions shall not exceed the aggregate dollar
amount which Customer paid during the term of this Agreement.
5.
DOMAIN NAME. EMW will acquire, at the request of the Customer,
an Internet Domain Name on behalf of the Customer. In such
case the Customer hereby waives any and all claims which it
may have against EMW for any loss, damage, claim or expense
arising out of, or in relation to, registration of such Domain
Name. Any costs incurred by EMW in obtaining a domain name
for Customer shall be at the expense of the Customer.
6.
INVOICING AND SERVICE FEES. Invoicing for web site shall be
as follows: Customer shall be billed in accordance with the
above stated terms, unless otherwise agreed upon. Payments
of the service fee will be done upon inception (sign-up date).
In the event the Customer shall fail to pay in advance for
the services provided herein or in the event there shall exist
any delinquency in the Customer's account then in such event
EMW reserves the right, in its sole, absolute and unfettered
discretion, to terminate this agreement and discontinue service
to Customer without notice or liability for actual compensatory
or consequential damages to Customer for the interruption
in service. EMW shall be entitled to unilaterally terminate
this agreement, in which case the provisions of paragraph
1, 2, 3, 4, and 5 shall continue in full force and effect,
and/or, at its sole discretion, EMW may discontinue or suspend
services to Customer until payment is made. Any service disconnection
or suspension will result in the requirement of a re-connect
fee which shall be the same as the set-up fee as described
in the attached annex. Initial service and set-up fees shall
be in accordance with the attached annex. EMW will make a
diligent effort to resolve any problems related to EMW's service.
Only once all email inquires have failed, will EMW provide
support via telephone.
7.
30 DAY-MONEY BACK GUARANTEE. The 30 day money-back shall apply
only to the refund of the agreed upon monthly plan fees and
shall exclude, without limitation, the refund of any or all
set-up fees, service fees, transfer fees, domain registration
fees, design/development fees, software purchase fees, and
any promotional discounts, etc. ONLY web hosting monthly fees
are refundable. Customers will be automatic charged non-refundable
additional fees, in the event that the Customer is in excessive
use use of the agreed upon services, including but not limited
to the use of bandwidth, file transfers in excess of plan
limits, mega bite space or the posting of adult material on
Customer's web site.
8.
CANCELLATIONS. All cancellation in accordance with the terms
and conditions contained herein must be submitted in writing
via EMW's online contact web page or Customer may submit request
for cancellation in writing via registered mail. All Customer
accounts must be paid in full before the transaction will
be considered complete.
9.
TAXES. Customer shall be responsible for paying all taxes
of any nature which except for taxes on EMW's income, irrespective
of which party may be responsible for reporting or collecting
such taxes.
10.
MODIFICATIONS. EMW reserves the right to make changes to any
of the above terms and conditions of this agreement upon thirty
(30) day written notice to Customer, advising of the change
and the effective date thereof, but with changes in monthly
service fees being effective only at the end of any calendar
quarter for which Customer has already prepaid. The use of
the service by the Customer following the effective date of
such change shall be proof of acceptance by Customer of such
change (s).
11.
OTHER CUSTOMER AGREEMENTS. EMW's discounted hosting service
is provided via 9 Net Avenue. All EMW Customers are subject
to 9 Net Avenues customer agreement policy, which can be viewed
at http://www.9netave.com/forms/au_policy.shtml.
12.
ENTIRE AGREEMENT AND SEVERALBILITY. This instrument constitutes
the entire agreement between the parties, and represents the
complete and entire understanding of the parties with respect
to the subject matter contained in this agreement. This instrument
supercedes any other agreement or understanding between the
parties, whether written or oral. In the event that any term
or provision of this instrument is held by a court of competent
jurisdiction to be unenforceable, then the remaining provisions
of this instrument and the agreement which it evidences, shall
remain in full force and effect, IN WITNESS WHEREOF the parties
hereto intending to be legally bound hereby, and in consideration
of the convenants and agreements contained herein, do hereby
execute this instrument, with each party warranting their
ability to enter in to this agreement for the person or entitle
herein named as a party hereto. This agreement shall be construed
and interpreted pursuant to the law of the state of Nevada.
13.
RESTRICTIVE USE. The Customer may only use EMW's services
for lawful purposes. In the event that at any given time,
EMW believes that the service is being used by the Customer
in contravention with any of the terms and provisions contained
in this Agreement, EMW has the right to immediately discontinue
such service to Customer without liability other than to refund
any unearned prepaid service fees. The following are restrictive
uses and shall be cause for the immediate termination of web
services and this Agreement without notice to the Customer:
a. Unauthorized distribution or copying copyrighted software,
violation US export restrictions, embarrassment, fraud, trafficking
in obscene material, drug dealing, and other illegal activities;
b. Unsolicited advertising via email and/or "Spamming"
is a violation of State and Federal Law and is otherwise a
violation of this agreement. Such prohibited conduct subjects
Customer to immediate cessation of service as provided herein
and the termination of this agreement without notice. EMW
reserves the right to report such illegal activities to any
and all regulatory, administrative and/or government authorities
for appropriate prosecution. In addition, EMW will charge
One Dollar ($1.00) per email recipient for any such activity.
c. Using a non-existing email return address on a commercial
solicitation, spamming (sending unsolicited advertising to
numerous email addresses or newsgroups and/or generating a
significant higher volume of outgoing email than a normal
user), trolling (posting outrageous messages to generate numerous
responses, mail bombing (sending multiple messages without
significant new content to the same user), subscribing someone
else to a mailing list without that person's permission, cross-posting
articles to an excessive number of newsgroups, or attempting
without authorization to enter into a secured computer system.
EMW reserves the right to determine what is abuse; d. Tortuous
conduct such as posting of defamatory, libelous, scandalous,
or private information about a person without their consent,
intentionally inflicting emotional distress, or violating
trademarks, copyrighting, or other intellectual property rights;
e. The Customer expressly understands and agrees that Adult
oriented Websites featuring nudity and acts of a sexual nature
are subject to additional fees. Unless EMW is properly notified,
EMW reserves the right to immediately terminate and remove
any such unauthorized Websites without notice and discontinue
service to Customer without notice or liability for actual,
compensatory or consequential damages to Customer for the
interruption in service; f. MUDDS, Listservers or any other
Internet application that are not Website specific, are specifically
prohibited, such sites are subject to additional setup and
hosting fees as provided in paragraph six (6) herein; g. Any
other misuses of the system resources, such as employing posts
or program which consume excessive CPU time or storage space,
permitting use of mailservices, mail forwarding capabilities,
POP accounts, or auto responders other than for the customer's
accounts, or resale of access to CGI scripts installed on
our servers.
|
|