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POLICIES
We do not permit the following on our
servers.
- • We do not
allow Spamming (sending unsolicited email or posting messages to irrelevant
UsetNet newsgroups that do not explicitly allow advertising, with references to
a site hosted on our servers) Sites who offer mass emailing of any kind.
Memberships to send mass emailing from our servers or list stored on our
servers.
- • We do not
allow sites containing pornographic material or sites which contain links to
adult sites, sites encouraging illegal activity or racism, sites providing
instructions of performing illegal activities.
- • We do not
allow sites containing downloads of all types including movies, music, software,
ect. We do not allow sites that allow mass storage or warez.
- • Violations
and attempted violations of system & network security. Or any type of
tampering with the system with the purpose to inflict harm.
Web Hosting Website.
We do not require that you
use one of our web hosting designs but if you purchase one you agree that the
web hosting website we provide you is our exclusive design. This website cannot
be duplicated or resold! This website was made to work on our servers only and
cannot be moved or used on another server! Resellers are allowed to have only
one web hosting site on their account only, any accounts found with multipule
web hosting websites will be subject to deletion of excess hosting websites.
This rule is to stop the creation of sub resellers under your account. Only we
are allowed to create resellers and any account found breaking this rule will be
terminated!
Terms and Conditions.
Please read the following
terms and conditions fully. By purchasing a reseller membership, you are
acknowledging that you have read and agree to all terms and conditions.
a) USE OF MEMBERSHIP
Your
Membership is nontransferable. You agree that only You and your immediate family
may use the Membership. "Immediate Family" means You, your spouse and your
children living at your home. You will promptly notify us if You become aware of
any unauthorized use of your Membership. All entrances are recorded. If you give
you username and password to anyone else or allow others to enter, your
membership will be terminated.
b) RESELLERS AGREEMENT
As a
reseller you are responsible for managing your customers accounts. You may not
resell reseller memberships or unlimited space. Only you have a reseller's
license as a member of WebSpaceCo. Selling a website to someone else, does not
automatically give them a resellers license. You are allowed to sell as many of
the preset packages as you like. The preset packages are 50MB, 100MB and 200MB.
You are not allowed to change these packages. You are not allowed to give away
packages, sell unlimited space or sell life time memberships. You are not
allowed to sell space for storage, Warez, Swap sites such as Napster, Download
sites, etc. All memberships are on a 30 day or month to month contract basis. We
reserve the right to raise our rates at any time
Unless the above terms are met, the
terms of service will be considered in violation.
c) MODIFICATIONS
You are
authorized to make any necessary modification(s) to the WebSpaceCo website
designs provided to you. Customization and modifications do not overwrite the
original copyright ownership of WebSpaceCo. You cannot make copies or resell the
Web Hosting Website in which you are provided by
Gigs4Biz.com
d) ASSIGNABILITY
You may not
sub-license, assign, or transfer this license to anyone else.
e) OWNERSHIP
You may not
claim intellectual, copyright or exclusive ownership to WebSpaceCo products,
modified or unmodified. All products are property of WebSpaceCo.
f) ACCESS TO YOUR ACCOUNT
In
order to permit Us to protect the quality of our site and services, You hereby
consent to Our employees being able to access Your account and records as
necessary to investigate complaints and other allegations or abuse. We shall not
disclose the existence or occurrence of such an investigation unless required to
by law. You give a right to change any settings in violation of the resellers
agreement. We reserve the right to make changes to account settings as we see
fit for the health of our server.
g) UNAUTHORIZED USE
All of the
following will be considered unauthorized use and will be a basis for
termination:
1. You may not place any of our products, modified or
unmodified, on a diskette, CD, website or any other medium and offer them for
redistribution or resale unless the websites are fully-developed, hosted and
with a domain.
2. You may not share your username and password.
3. You may
not sell unlimited space, give away space or sell life time hosting
packages.
4. You may not use the WebSpaceCo servers for spam, adult material,
harassment or any illegal content or activity.
5. You may not provide false
or misleading information concerning your identity.
i) FEES
As consideration for the
services you have selected, you agree to pay to us the applicable membership
fees through our authorized payment processors. All fees payable hereunder are
non-refundable. Fees are subject to rate increases as we see fit. As further
consideration for the Services, you agree to: (1) provide certain current,
complete and accurate information about you as required by the registration
process and (2) maintain and update this information as needed to keep it
current, complete and accurate. All such information shall be referred to as
account information ("Account Information"). You, by completing and submitting
this Agreement represent that the statements in your application are
true.
j) CANCELATION OF YOUR ACCOUNT
You
can cancel your account at anytime, however, we require a 30 day notice to
cancel your account. Failure to give us notice will make you liable for any fees
charged to your account. Notice must be given via the support ticket system
which time stamps the date of notice. Your account will be terminated 30 days
from the date of that notice. If fees become due again before date of
termiantion, they will be due. You will also be required to move any websites
from our database or make arranagements for your customers to pay hosting fees
with us. We do offer monthly packages from 50MB to 200MB. It is your
responsibility to notify your customers of any changes and or sign then up for
hosting with us prior to your account being terminated. We are not liable for
any damages caused to your customers websites when moving their accounts or loss
due to deletion.
If you wish to
cancel your account, please note that you will not be entitled to a refund. We do
not pro rate any un-used paid hosting fees. Any moneys owed at time of
cancelation will be due in full immediately.
k) LATE FEES & NSF FEES
Your
hosting fees are due within 5 days from invoice date. (Note: your bill day
counts as day #1) If payment is not received ontime you are subject to a late
fee of $6.00. If your account continues to be past due your reseller account and
all sub accounts will be suspended until payment is received in full. If you are
on automatic credit card billing and your credit card declines you will be
subject to a $35.00 NSF decline fee for every unsuccessful attempt to charge
your credit card.
l) LIABILITY
WebSpaceCo is not
responsible for
data or content maintained and distributed by WebSpaceCo facilities. The
Services are provided on an "AS IS" basis and customer's use of the services is
at its own risk. WebSpaceCo does not make, and hereby disclaims, any and all
other express and /or implied warranties, including, but not limited to,
warranties of merchantability, fitness for a particular purpose, noninfringment
and title, and any warranties arising from a course of dealing, usage, or
trading practice. WebSpaceCo does not warrant that the services will be
uninterrupted, error-free, or completely secure. WebSpaceCo is not liable for
any damages caused to your website during maintenance, downtime, server changes,
or any other reasons. WebSpaceCo is not liable for continued hosting for any of
your clients who you have sold long term pre-paid web hosting for when your
account becomes canceled, terminated for non-payment or
resold.
Denial of Access
The terms of
service constitute an agreement that is effective unless and until terminated by
Us. If you fail to comply with any term or provision of this Agreement, You
agree that We, in our sole discretion, may terminate your access to our Site and
cancel any websites and sub websites under your account. .
Modification of Terms of
Service
We reserve the right to change or modify the terms of service at any
time and your continued use of this Site will be conditioned upon the terms of
service in force at the time of your use.
Copyright & Trademark Notices
You acknowledge that Our Site contains information, software, photos, video,
text, graphics, music, sounds or other material (collectively, "content") that
are protected by copyrights, patents, trademarks, trade secrets, or other
proprietary rights, and that these rights are valid and protect in all forms,
media and technologies existing now or hereafter developed. All images and text
in Gigs4Biz.com are copyrighted by Gigs4Biz.com. Use of any images or text
from this website, will result in a termination of your membership.
Entire Agreement
This Agreement
contains all of the Terms of Membership and no representations, inducements,
promises or agreements concerning the Membership not included in this Agreement
shall be effective or enforceable. If any of the terms of this Agreement shall
become invalid or unenforceable, the remaining terms shall not be affected.
Infancy
You attest that you are
of legal age to enter into this Agreement
Governing Law
This Agreement and
the Terms of Account shall be governed and construed in accordance with the laws
of the State of Florida without giving effect to the choice of law provisions
thereof. Any dispute arising between You and Us will be resolved by submission
to arbitration in Broward County, State of Florida in accordance with the rules
of the American Arbitration Association then in effect. Notwithstanding the
foregoing, nothing in this Agreement is intended or shall be construed to negate
or otherwise affect the consumer protection laws of the state in which you
reside. |
