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Web Terminals (PVT) Limited
CUSTOMER SERVICE AGREEMENT
This is an agreement between you and Web Terminals (PVT) Ltd, regarding your use
of Web Terminals computer, interactive information, communication and server
management service. This Agreement governs the terms and conditions under which
Web Terminals (PVT) Ltd, makes the services offered by Web Terminals, available
to individual consumers through a personal computer or similar access, or to
individual consumers or small businesses in connection with the " Web Terminals " web hosting or similar services. Under this Agreement, you must comply with
Web Terminals then current "Acceptable Use Policy" as updated from time to
time by Web Terminals, which can be viewed at:
http://www.webterminals.net.
PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY
1. Web Terminals, will host an account for you, the
purchaser (hereafter referred to as the Account Holder), for
the Account Holder's chosen domain name, for the period of
time (the Term) corresponding with the payment plan chosen
by the Account Holder. This contract will be automatically
renewed at the end of the Term and each successive renewal
term, unless terminated. We require notification of
non-renewal with at least 30 days notice but not more than
60 days prior to the renewal date. You must have all account
information to cancel and fill out the form completely that
is located at here (http://www.webterminals.net ) If you do
not provide this notice, you will be charged for the next
terms rate. There are no refunds on a la carte services,
dedicated servers or server colocation.
2. Web Terminals, services are provided on an as is, as
available basis without warranties of any kind, either
express or implied, including, but not limited to,
warranties of merchantability, fitness for a particular
purpose or non-infringement. Web Terminals, expressly
disclaims any representation or warranty that the Web
Terminals, services will be error-free, secure or
uninterrupted. No oral advice or written information given
by Web Terminals, its employees, licensors of the like, will
create a warranty; nor may you rely on any such information
or advice. The terms of this Section will survive any
termination of this Agreement.
3. The Virtual Web Server Internet account and/or related
electronic services can only be used for legal purposes
under all applicable international, federal, provincial, and
municipal laws. Further, the Account Holder agrees not to
store, transmit, link to, advertise or make available any
images containing pornography, graphic violence or death.
Violations of these or any other provisions of this
Agreement may result in termination of the services provided
by Web Terminals, with or without the grant of a notice or
cure period, such notice or cure period to be granted at the
sole discretion of Web Terminals, based upon the severity of
the violation. Web Terminals, reserves the right to refuse
service if any of the content within, or any links from, the
Account Holder's website is deemed illegal, misleading, or
obscene, or is otherwise in breach of Web Terminals, then
current Acceptable Use Policy, in the sole and absolute
opinion of Web Terminals,. Notwithstanding anything in this
Agreement, the content of the Account Holder's website is
the sole responsibility of the Account Holder. The Account
Holder agrees to indemnify and hold harmless Web Terminals,
from any and all claims, losses, damages, liabilities,
judgments, or settlements, including reasonable attorney's
fees, costs, and other expenses incurred by Web Terminals,
(collectively, Claims) related to or in connection with the
content of the Account Holder's website. The terms of this
Section will survive any termination of this Agreement.
4. Account Holder acknowledges that the nature of the
service furnished and the initial rates and charges have
been communicated to the Account Holder. Account Holder is
aware that Web Terminals (PVT) Ltd, reserves the right to
change the specified rates and charges from time to time.
5. The Account Holder agrees to follow generally accepted
rules of "Netiquette" when sending e-mail messages or
posting to newsgroups. Account Holder is responsible for
security of its password. Web Terminals, will not change
passwords to any account without proof of identification,
which is satisfactory to Web Terminals, which may include
written authorization with signature. In the event of any
partnership break-up, divorce or other legal problems that
includes Account Holder, Account Holder understands that Web
Terminals, will remain neutral and may put the account on
hold until the situation has been resolved. Under no
circumstances will Web Terminals, be liable for any losses
incurred by Account Holder during this time of determination
of ownership, or otherwise. The Account Holder agrees to
indemnify and hold harmless Web Terminals, from any and all
Claims arising from such ownership disputes. The terms of
this Section will survive any termination of this Agreement.
6. The Account Holder agrees not to harm Web Terminals, its
reputation, computer systems, programming and/or other
persons using Web Terminals services. Web Terminals,
reserves the right to select the server for Account Holder's
website for best performance. The Account Holder understands
that the services provided by Web Terminals, are provided on
a shared server. This means that one website cannot be
permitted to overwhelm the server with heavy CPU usage, for
example from the use of highly active CGI scripts or chat
scripts. If the Account Holder's website overwhelms the
server and causes complaints from other users, the Account
Holder has outgrown the realm of shared servers, and will
need to relocate it's website. Web Terminals, will refund
any unused portion of prepaid services. If the Account
Holder refuses to comply with this Section, then Web
Terminals, has the right to terminate the services provided
to the Account Holder without any refunds of the unused
portion prepaid by the Account Holder. The Account Holder
agrees to indemnify and hold harmless Web Terminals, and any
other Account Holder from any and all Claims resulting from
the Account Holder's use of the services provided by Web
Terminals, The terms of this Section will survive any
termination of this Agreement.
7. The Account Holder's rights and privileges under this
Agreement cannot be sold or transferred without the prior
written consent of Web Terminals.
8. If the Account Holder sells or resells advertising or web
space to a third party then the Account Holder will be
responsible for the contents of that advertising and the
actions of that third party. Web Terminals, has the absolute
right to reject any advertising or other third party content
that is illegal, offensive or otherwise in breach of the
then current Web Terminals, Acceptable Use Policy. The
e-mail distribution by the Account Holder of "SPAM", "JUNK
MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly
prohibited. If the Account Holder refuses to remove any
advertising or other third party content deemed
objectionable by Web Terminals, Web Terminals, may terminate
the services being provided to the Account Holder.
9. Web Terminals, will use its best efforts to maintain a
full time Internet presence for the Account Holder. The
Account Holder hereby acknowledges that the network may, at
various time intervals, be down due, but not restricted to,
utility interruption, equipment failure, natural disaster,
acts of God, or human error. In no event shall Web
Terminals, be liable to the Account Holder for any damages
resulting from or related to any failure or delay of Web
Terminals, in providing access to the Internet under this
Agreement. In no event shall Web Terminals, be liable to the
Account Holder for any indirect, special or consequential
damages or lost profits arising out of or related to this
Agreement or the performance or breach thereof. The
aggregate, total liability of Web Terminals, under this
Agreement, if any, shall in no event or circumstance exceed
the total amount actually paid by the Account Holder
hereunder. The terms of this Section will survive any
termination of this Agreement.
10. This Agreement applies to all accounts, sub-accounts,
and alternative account names associated with your principal
account. The Account Holder is responsible for the use of
each account, whether used under any name or by any person,
and for ensuring full compliance with this Agreement by all
users of that account. A Web Terminals, account may not be
transferred without prior written approval from Web
Terminals,. The Account Holder is responsible for
maintaining the confidentiality of his/her password. In the
event of a breach of security through the Account Holder's
account, the Account Holder will be liable for any
unauthorized use of the Web Terminals, services, including
any damages resulting there from, until the Account Holder
notifies Web Terminals, customer service.
11. If Web Terminals, assigns the Account Holder an Internet
Protocol address in connection with the Account Holder's use
of the Web Terminals, services, the right to use that
Internet Protocol address will remain with and belong only
to Web Terminals, and the Account Holder will have no right
to use that Internet Protocol address except as allowed by
Web Terminals, in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement between
the Account Holder and Web Terminals, with respect to the
Web Terminals, services and supersedes all prior agreements
between the Account Holder and Web Terminals,. Web
Terminals, failure to enforce any provision of this
Agreement shall not be construed as a waiver of any
provision or right. In the event that a portion of this
Agreement is held unenforceable, the unenforceable portion
will be construed in accordance with applicable law as
nearly as possible to reflect the original intentions of the
parties, and the remainder of the provisions will remain in
full force and effect. The terms of this Section will
survive any termination of this Agreement.
13. The parties shall attempt to resolve all disputes
arising out of this Agreement in a spirit of cooperation and
with a problem-solving mindset, without formal proceedings.
Any dispute, which cannot be so resolved, shall be subject
to binding arbitration upon the written demand of either
party. Arbitration shall take place in Orlando, FL. Should
any legal action permissible under this Agreement be
instituted to enforce the terms and conditions of this
Agreement, in particular the right to collect money due on
unpaid invoices, the prevailing party shall be entitled to
recover reasonable attorney's fees and expenses incurred at
both the trial and appellate levels. The terms of this
Section will survive any termination of this Agreement.
14. The Account Holder agrees to indemnify and hold Web
Terminals, harmless from any and all Claims resulting from
or connected with any activities conducted by the Account
Holder. The Account Holder and Web Terminals, will promptly
notify the other upon receipt of any Claim or legal action
arising out of activities conducted pursuant to this
Agreement. The rights and responsibilities established in
this paragraph will survive any termination of this
Agreement.
15. Web Terminals, may include the Account Holder's name and
contact information in directories of Web Terminals, service
subscribers for the purpose promoting the use of the
services by additional potential clients. However, Web
Terminals, is not authorized to print the Account Holder's
name, trademarks or other identifying information in any
other advertising or promotional materials without the prior
written consent of the Account Holder.
16. The interpretation and enforcement of this Agreement
shall be governed according the laws of the state of Florida
(excluding its choice of law rules) and the federal laws of
United States applicable therein. The Account Holder hereby
consents to personal jurisdiction in the federal and
provincial courts of Orlando, Florida for any action arising
out of or relating to the Account Holder's use of the Web
Terminals, services. The federal and provincial courts of
Orlando, Florida will have exclusive jurisdiction over all
such actions. In any such action, the prevailing party will
be entitled to recover all legal expenses incurred in
connection with the action, including but not limited to its
costs, both taxable and non-taxable, and reasonable
attorney's fees. The terms of this Section will survive any
termination of this Agreement.
17. Notices required by this Agreement shall be in writing
and shall be delivered either by personal delivery or by
mail. If delivered by mail, notices shall be sent by any
express mail service; or by certified or registered mail,
return receipt requested; with all postage and charges
prepaid. All notices and other written communications under
this Agreement shall be addressed to the individuals in the
capacities indicated below, or as specified by subsequent
written notice delivered by the party whose address has
changed.
18. Because the Internet is a global communication tool, and
we have clients from nearly every country in the world it is
difficult to dictate what is considered "adult material."
However, it is not our function to discriminate against
those who choose to utilize adult content or adult related
material. This being said, there are still several reasons
why Web Terminals has been forced to create its no adult
sites policy for its virtual server users.
19. Virtual account holders can receive a refund if account
is cancelled within the initial 30 days after sign up.
Reseller account holders can receive a refund if account is
cancelled within the initial 7 days after sign up. If the
account holder cancels after the time period specified,
there will be no refund given.
20. Web Terminals, may temporarily deny service or terminate
this Agreement upon the failure of Account Holder to pay
charges when they become due. Such termination or denial
will not relieve the Account Holder of responsibility for
the payment of all accrued charges, plus reasonable interest
and any collection fees.
21. If an account holder's account becomes overdue, the
account will be suspended. Interest will accrue on the
overdue account at a rate of 5% per month until the
outstanding balance is paid in full.
22. If an account holder charges back for services rendered,
a $50.00 charge back fee will be added to the amount charged
back by the customer.
23. If an account holder's account is overdue for 90 days,
the account will be handed over to an outside collection
agency. At that time the account holder will incur a $50.00
collection fee added to the balance previously due.
24. All accounts are subject to verification by our Billing
Department.
25. Terms of Verification: We must be able to verify your
account within 24 hours of signup. Verification for Sri
Lanka, Swiss, Australia and United Kingdom citizens can be
done by phone. For foreign account holders documentation can
be sent via fax or uploaded through our secure form. If we
cannot verify your account within 24 hours, the account will
be suspended until verified.
26. Check/Money Order Payments.
A. New accounts utilizing check/money order payment will not
be activated until payment is received.
B. Returned checks will incur a $50 worthless check fee. Any
account holder who incurs a worthless check fee will be
required to pay all future payments via money order or
cashier's check.
C. Customers utilizing check/money order payment must have
their check or money order payment to us within 10 days of
their rebill date. Failure to do so will result in account
suspension.
D. International customers that wish to utilize the
check/money order payment option must pay via International
Money Order and payments must be received within 10 days of
their rebill date. Failure to do so will result in account
suspension.
27. Billing Information: All account billing information
including email and phone, must be valid at all times for
the account to remain active. If the billing information
provided is inaccurate, 24-hour notice is given to update
the information before account suspension. If the account
holder is not available by phone (foreign accounts) or no
alternate contact email address is given, account will be
suspended immediately.
28. You agree that Web Terminals, may establish limits
concerning use of any Web Terminals service offered on any
Web Terminals, web site, including without limitation the
maximum number of days that e-mail messages will be retained
by any Web Terminals, service, the maximum number of e-mail
messages that may be sent from or received by an account on
any Web Terminals, service, the maximum size of an e-mail
message that may be sent from or received by an account on
any Web Terminals, service, the maximum disk space that will
be allotted on Web Terminals, servers on your behalf either
cumulatively or for any particular service. You agree that
Web Terminals, has no responsibility or liability for the
deletion, corruption or failure to store any messages or
other content maintained or transmitted by any Web
Terminals, service. You acknowledge that the features,
parameters (for example, the amount of storage available to
users) or existence of any Web Terminals, service may change
at any time.
29. A virtual server is a shared environment where many
servers reside on each particular machine. This being said,
consider that an average "adult site" gets more hits than
100 standard websites. Some of the smaller adult sites get
around 5 GB of transfer per day. With these types of
resources being utilized, our servers would be severely
slowed if we allowed these high traffic sites to also reside
on our servers. On top of that, we would be forced to raise
our prices to pay for the additional bandwidth. We strive to
keep our servers fast and inexpensive, and our bandwidth
clear; therefore, adult sites are not an option. Web
Terminals reserves the right to decide what it considers
"adult content", "adult material", "sexually explicit", or
"sexually related".
30. Web Terminals shall not be liable for any loss, damage,
delay or failure to perform whole or in part resulting from
causes beyond Web Terminals control, including, but not
limited to, war, acts of terrorism, fires, earthquakes,
strikes, delays in transportation, or requirements of any
government agency.
Let us know if you are unsure of the approval of your site
before placing an order. |
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