TERMS OF SERVICE
The following Terms of Service apply to all services supplied by WebConnect Online Services, LLC (hereafter referred to as “WCOL”, “we” or “our”). These Terms of Service automatically apply to and are incorporated in all service proposals, all offers to perform services in any form, and to all service agreements. You are an individual person or a business entity. If you are an individual person, you must be at least 18 years old and have attained the age of majority in the province, state or country in which you live. If you are a business entity, the person executing this agreement on your behalf must be authorized by the business entity to bind the business to these terms. The facts you give us must be complete and correct. This contract covers any and all services provided by WCOL.
Please note that the Terms of Service limits our liability and we do not provide warranties for any services or products supplied by WCOL. We urge you to read the terms carefully.
WCOL will not be responsible for any damages your business may suffer. WCOL makes no warranties of any kind, expressed or implied for services we provide. WCOL disclaims any warranty for merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by WCOL and its employees. The services provided by WCOL are provided AS-IS and without any warranty expressed or implied. WCOL reserves the right to revise its policies at any time.
1. Subject to the provisions contained herein and payment of applicable fees, WCOL hereby grants to you a non-exclusive, nontransferable, license to use its accompanying proprietary software application products offered on the WCOL web site ("Software") for your own use. Such Software is protected by the laws of the United States and international treaties. All rights not expressly granted herein are retained by WCOL and its licensors. Except as stated above, this Agreement does not grant the Customer any intellectual property rights in the Software. Customer shall not rent, lease, transfer or sublicense the Software. Customer shall not under any circumstances nor shall Customer permit a third party to (1) decompile, disassemble, reverse engineer or otherwise attempt to reconstruct or discover the source code of the Software or (2) prepare derivative of the Software or (3) remove any product identification, WCOL trademark or other notice from the Software. Any such copy made by you shall be subject to this Agreement and shall contain all of WCOL's notices regarding WCOL's trademarks and other proprietary rights as contained in the Software originally provided to you.
2. The Software's organization, structure, sequence, logic, and source code are valuable to the Company. Any and all title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain at any and all times in WCOL and/or its suppliers. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable US or other law. This License does not give Customer any rights to such content.
3. For design projects, all deliverables remain the property of WCOL and are not transferable, not saleable, and not assignable and may not be given or sold to any third parties without the expressed written consent of WCOL. All deliverables are for your sole use only in conjunction with your website hosted by WCOL. You understand that that the overall look of the website, including images designed for you and text content of the webpages and database content, is your property but all database layout, programming, code, and scripting ate the property of WCOL. You may not sell transfer give or otherwise assign any the programming code or logic to any other entity. Standard 2007 design rate is $175 / hour billed in quarter hour increments. All work performed after hours or on an emergency basis is billed at double the standard rate.
4. All fees are due in advance of the services provided. Failure to pay in advance may result in termination or suspension of services without notice. Setup fees including, but not limited to, additional programming are nonrefundable. In order to reactivate a suspended account, a reactivation fee of $50.00 may be assessed. Overdue accounts may be assessed an administrative fee of $10 per month and interest on the overdue balance at the rate of 1.5% per month. Checks and ACH drafts returned for any reason are subject to a $49.00 returned item charge. Credit cards that are declined for any reason are subject to a $5.00 declination fee. If you dispute a charge to your credit card and WCOL, in its sole discretion, deems the charge to be valid, you agree to pay an administrative fee of $49.00 plus any charges paid by WCOL to the credit card company. Suspension, termination or cancellation of service does not relieve you of the obligation to pay for incurred fees and charges. If your account is past due more than 45 days, it may be turned over to an outside collection agency or to an attorney for legal action. You are responsible for all fees and costs of collection, including attorney fees and collection agency charges.
5. You must provide 30 days written notice for cancellation of service. Any fees paid are not refundable.
6. Data transfer calculations are based on logged server througput through the web server, mail server, and ftp server responsible for your account. WebConnect's calculations and values are final and may not be disputed. Any disputes will use the control panel statistics as the point of record provided that the information has not become corrupt and is no longer usable. The use of any data or material which you receive by or through the services provided by WCOL is at your sole and absolute risk. WCOL specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of any and all information obtained through the services to be provided hereby.
7. WCOL makes absolutely no warranty. WCOL provides services "as-is", "with all faults", and "as available". WCOL gives no express warranties, guarantees or conditions. To the extent permitted by law, WCOL excludes the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement. WCOL cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. WCOL will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. WCOL shall not be liable to you or any of your customers for any claims or damages which may be suffered by you or your 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 in service, non delivery of service, or service interruptions whether or not caused by the fault or negligence of WCOL.
8. You agree that you shall defend, indemnify, save and hold harmless WCOL, its agents, its customers, servants, officers, or employees from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ('Liabilities') that may arise or result from any services provided, performed or agreed to be performed by you or any product sold by you, your agents, employees or assigns. You agree to defend, indemnify and hold harmless WCOL against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with WCOL's websites; and material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which you sold on WCOL's websites. You expressly agree that WCOL shall not be liable to you for any claims of actual, direct or other damages, including consequential, lost profits, special, indirect or incidental damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation applies to all damages which you may suffer, including, but not limited to, damages that arise from
- Any matter related to WCOL services or websites
- Any matter related to viruses or other disabling features that affect your access to or use of any WCOL services or products,
- Any matter related to incompatibility between WCOL services and other services, software and hardware,
- Any matter related to delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with WCOL services or websites in an accurate or timely manner, and
- Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence or other tort to the extent permitted by applicable law.
This limitation applies even if WCOL knew or should have known about the possibility of damages. Notwithstanding the above, your exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which you paid to WCOL for one month of service, if any.
9. You may only use WCOL's services for lawful purposes and in accordance with WCOL’s Acceptable Use Policy. If, at any time, WCOL believes that any service is being used by you in contravention with any of the terms and provisions contained in this agreement, WCOL has the right to immediately discontinue such service to you without liability. The following are restricted uses and shall be cause for the immediate termination of web services and this agreement without notice to you:
a. Unauthorized distribution or copying copyrighted software, violation of US export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities; Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail.
b. Unsolicited advertising via email and/or 'Spamming' is a violation of this agreement. Such prohibited conduct subjects you to immediate cessation of service as provided herein and the termination of this agreement without notice. WCOL reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. Furthermore WCOL reserves the right to assess additional fees for any email advertising via email and/or ‘Spamming’ that may have incurred.
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 significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (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. WCOL reserves the right to determine what is Net abuse and furthermore WCOL reserves the right to assess additional fees;
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, copyright, or other intellectual property rights;
e. You understand and expressly agree that illegal Adult oriented Websites are expressly prohibited. WCOL reserves the right to immediately terminate and remove any such unauthorized Websites without notice and discontinue service to you without notice or liability for actual, compensatory or consequential damages to you for the interruption in service.
f. MUDDS, Listservers or any other Internet application that are not Website specific, are specifically prohibited.
g. Posting of pornography or other inflammatory content on WCOL website or sent through WCOL email services;
10. The Terms of Service and the Authorized Use Policy specifically prohibit the use of our service for illegal activities. You agree that WCOL may, without further consent or notification to you, disclose any and all customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request
11. You may not download, use or otherwise export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded, used or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
12. This Agreement is effective until terminated. WCOL may terminate this Agreement immediately if you attempt to reverse engineer the Software or otherwise violate any of the restrictive uses as described herein. Otherwise, this Agreement may be terminated by either party for a breach of any of its material terms, provided the non-breaching party provides to the breaching party 30 days written notice describing such breach and offering the breaching party an opportunity to cure. Failure to cure a material breach within the notice period shall result in automatic termination of this Agreement. Should this Agreement be terminated for your material breach, you agree to remove all copies of the Software or any part of the Software from any and all computer storage devices, and destroy the Software and all Documentation. At WCOL’ s request, you shall certify in writing to WCOL that all complete and partial copies of the Software and the Documentation have been destroyed and that none remain in your possession or under your control.
13. You consent that claims for breach of this contract will be subject to the laws of the State of Connecticut, without reference to conflict of laws principles. You can not revoke this consent. Any claim related to this contract must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors.
14. All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change.
15. We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt to do so is void. Instead, you may cancel your service. The other party may then establish an account and execute a new terms of service agreement with us. Any claim related to this contract or any WCOL service must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.
16. This contract is in electronic form. There may be other information that we may be required to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service agreement. We may provide required information to you (1) via e-mail at the e-mail address you specified when signed up for service or (2) by access to a WCOL website that will be designated in an e-mail notice sent to you, (3) by mailing address on file for the account, or (4) any combination of the above mechanisms.
(Rev. 04/2006, 12/2005, 08/2005), (Rev 01/2007) 2007 rate adjustment
Acceptable Use Policy
WebConnect Online Services, LLC (WebConnect) has formulated this Acceptable Use Policy in order to encourage the responsible use of WebConnect's services by our customers and other users ("Users"), and to enable us to provide our Users with secure, reliable and productive services.
The WebConnect network, including the websites operated by WebConnect (collectively, the "WebConnect Network"), may be used only for lawful purposes. Users may not use the WebConnect Network in order to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or (c) that is obscene, threatening, abusive or hateful.
WebConnect will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the WebConnect network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. No credits will be issued for any interruption in service resulting from policy violations. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at email@example.com.
System and Network Security
Users are prohibited from violating or attempting to violate the security of the WebConnect Network, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. WebConnect will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Users may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ("spam") in a way that could be reasonably expected to adversely impact the WebConnect Network, including, without limitation, using an e-mail account on WebConnect's network to send spam, or using the service of another provider to send spam or to promote a site hosted on or connected to the WebConnect Network. In addition, Users may not use the WebConnect Network in order to (a) send e-mail messages which are excessive and/ or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mailbombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, (f) send a broadcast e-mail message or advertisement to a group of users that did not opt-in to receive such an e-mail or (g) use an e-mail box exclusively as a storage space for data. Bulk commercial advertising will not be tolerated - whether sent through the WebConnect network and/or sent referencing a WebConnect hosted website and/or sent with the purpose of replies coming to a WebConnect e-mail account.
WebConnect Online Services, LLC. reserves the right to charge $1,000 plus $3.00 per e-mail (defined as number of addresses message was sent to) that is sent unsolicited and/or in violation of the agreement above. Users will further cover all charges incurred to WebConnect that may arise from such e-mail and further indemnifies and will pay for defense and expenses of WebConnect to resolve any such situation.
Users who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, Users may not (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "Usenet spam"), (b) cancel or supersede posts not originally posted by such User, unless such User does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.
Any User which WebConnect determines to have violated any element of this Acceptable Use Policy shall receive a written warning, and may be subject at WebConnect's discretion to a temporary suspension of service pending such User's agreement in writing to refrain from any further violations; provided, however, that if WebConnect deems it necessary, it may immediately suspend or terminate such User's service without issuing such a warning. Users which WebConnect determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
WebConnect takes no responsibility for any material input by others and not posted to the WebConnect Network by WebConnect. WebConnect is not responsible for the content of any other websites linked to the WebConnect Network; links are provided as Internet navigation tools only.
Any User interacting with our site and providing WebConnect with name, address, telephone number, e-mail address, domain name or URL or any other personally identifiable information permits WebConnect to use such information for commercial purposes of its own, including contacting Users about products and services which may be of interest. For each visitor to our Web Site, our Web server recognizes only the visitor's domain name, not the e-mail address. We collect information volunteered by the visitor, such as form submittals and/or site registrations. This information is used to improve the content of our Web site, it is not shared with other organizations for commercial purposes. Any User who does not wish to receive further contacts from WebConnect should send WebConnect a specific request (i.e., stating do not use or do not share or both) by certified mail or by regular mail clearly marked "Privacy-Urgent" addressed as follows: WebConnect, PO Box 903, Ridgefield, CT 06877.
WebConnect does not sell, rent or otherwise disclose its mailing lists to third parties.
WebConnect reserves the right to modify this Acceptable Use Policy at any time in its sole and absolute discretion.
(Rev. 02/11/2002), (Rev. 07/2005) Interest rate adjustment, (Rev. 08/2005), (Rev 01/2007) 2007 rate adjustment