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THE WEB PLACE (WWW.WEB-PLACE.COM) Web Hosting Policies

 

CAREFULLY READ the terms of this agreement, which governs your use of the THE WEB PLACE (www.web-place.com) Services. THE WEB PLACE (www.web-place.com) may modify this agreement at any time and in any manner. Any modification is effective immediately upon either a posting on THE WEB PLACE domain (www.web-place.com/policies), electronic mail, or conventional mail. Your continued use of THE WEB PLACE Services following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s).

THE WEB PLACE (www.web-place.com/policies) grants to you ("Member") a non-exclusive, non-transferable right to access, use and display THE WEB PLACE (www.web-place.com/policies) Service on any machines) of which you are the primary user. THE WEB PLACE (www.web-place.com/). Service is provided on an "AS IS," "AS AVAILABLE" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE WEB PLACE (www.web-place.com/), ITS EMPLOYEES, LICENSORS OF THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

You understand that except for information products or services clearly identified as being supplied by THE WEB PLACE (www.web-place.com/), neither THE WEB PLACE (www.web-place.com/), nor any of its affiliates, operates or controls any information, products or services accessible through THE WEB PLACE (www.web-place.com/) Service in any way and that, except for such THE WEB PLACE (www.web-place.com/) identified information, services or products, all merchandise, information and services offered or made available or accessible through the Service are offered or made available or accessible by third parties who are not affiliated with THE WEB PLACE (www.web-place.com/) or its affiliates. YOU EXPRESSLY AGREE that use of THE WEB PLACE (www.web-place.com/) Service is at your SOLE RISK and YOU AGREE that any information, service or product accessible through the Service is WITHOUT WARRANTIES OF ANY KIND BY THE WEB PLACE (www.web-place.com/) AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Member may order and purchase merchandise or services from other Members and users of other communications outlets including the Internet. Member acknowledges that all transactions concerning third party ("Seller") merchandise or services, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between Seller and Member. THE WEB PLACE (www.web-place.com/) makes no warranties or representations whatsoever with regard to any goods or services provided by Seller. THE WEB PLACE (www.web-place.com/) shall not be a party to a transaction between Member and Seller, or be liable for any cost or damage arising either directly or indirectly from any action or inaction of Seller or Member.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE WEB PLACE (www.web-place.com/), OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEB PLACE (www.web-place.com/) SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEB PLACE (www.web-place.com/) SERVICE including but not limited to reliance on any information obtained on THE WEB PLACE (www.web-place.com/) Service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to THE WEB PLACE’S (www.web-place.com/)'s records, programs or services. YOU HEREBY ACKNOWLEDGE that this PROVISION SHALL APPLY WHETHER OR NOT THE WEB PLACE (http://www.web-place.com/) IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND that this PROVISION SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE WEB PLACE (www.web-place.com/) SERVICE.

Member is responsible for all charges (e.g., telephone) associated with connecting to THE WEB PLACE (www.web-place.com/) Service through an available access number or leased circuit. Member is responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem(s), routers, etc), or other access device, necessary to access THE WEB PLACE (www.web-place.com/) Service.

Member certifies to THE WEB PLACE (www.web-place.com/) that he/she is not a minor. (A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, Member agrees to provide THE WEB PLACE (www.web-place.com/) with accurate, complete, and updated information required by the registration to THE WEB PLACE (www.web-place.com/) Service ("Member Registration Data"), including Member's legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Member agrees to notify THE WEB PLACE (www.web-place.com/) within thirty (30) days of any changes in Member Registration Data. Failure to comply fully with this provision may result in immediate suspension or termination of your right to use THE WEB PLACE (www.web-place.com/) Service.

Accounts/Charges/Payment.

(a)  This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Member's principal account. Each Member is responsible for the use of his/her/its account(s) under any name on that account by any person, and for ensuring full compliance with this Agreement by all users of his/her/its account(s). A THE WEB PLACE (www.web-place.com/) Service account may not be transferred without prior written approval from THE WEB PLACE (www.web-place.com/) and is subject to any limits established by THE WEB PLACE (www.web-place.com/).

(b)  Member is responsible for maintaining the confidentiality of his/her/its passwords, as well as the security of his/her/its own private network. Member is responsible for all activities and charges resulting from use of Member's principal account with THE WEB PLACE (www.web-place.com/) Service. Member agrees to pay all monthly membership fees; connect time charges, surcharges, applicable taxes and other charges incurred by Member and/or his/her/its designated users. In the event of a breach of security, Member will remain liable for any unauthorized use of THE WEB PLACE (www.web-place.com/) Service until Member notifies THE WEB PLACE (www.web-place.com/) by calling (866)-484-1101 (customer service).

(c)  Accounts may be upgraded to the next level of usage at no charge. There is a surcharge of $5 to downgrade an account type if the Member is not contractually bound to a particular level of service. For this change to take place for the current month, Member must notify us by the 20th. If notice is received after the 20th, the change will not take effect until the following 1st of the month.

(d)  Current rates for using THE WEB PLACE (www.web-place.com/) Service may be obtained by calling (866) 484-1101 or through THE WEB PLACE’S (www.web-place.com/)'s website or affiliate websites. THE WEB PLACE (www.web-place.com/) reserves the right to increase fees, surcharges, monthly membership fees or to institute new fees at any time upon thirty (30) days prior notice; except in cases where price is contractually agreed upon by the Member and THE WEB PLACE (www.web-place.com/). THE WEB PLACE (www.web-place.com/) may reduce these fees at any time without notice to Member. In the event that a Member's account is terminated or canceled, on-line time credited to Member's account is not convertible to cash or other form of credit. If THE WEB PLACE (www.web-place.com/) does not receive the full amount of Member's THE WEB PLACE (www.web-place.com/) Service account balance within twenty (20) days of the invoice date or billing date, the greater of an additional $5, or 1.5% of the outstanding balance may be added to Member's bill as a late charge each month and shall be due and payable. Member shall also be liable for all attorney and collection fees arising from THE WEB PLACE’S (www.web-place.com/)'s efforts to collect any unpaid balance of Member's account(s).

 

THE WEB PLACE (www.web-place.com/) will maintain content for web hosting accounts, that are put on hold for late payment, for up to 90 days. After 90 days this information will be removed from our systems. If a web hosting account is canceled (following THE WEB PLACE (www.web-place.com/) cancellation procedures) we will maintain content for up to 30 days before it is removed from our network.

YOU UNDERSTAND that information available to you through THE WEB PLACE (www.web-place.com/) Service may include MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. THE WEB PLACE (www.web-place.com/) HAS NO RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.

Member recognizes that he or she is solely responsible for the content of any information Member makes available through the Service and that THE WEB PLACE (www.web-place.com/) will not monitor the Service to examine the content passing through it. Member agrees that if THE WEB PLACE (www.web-place.com/) is made aware of content that THE WEB PLACE (www.web-place.com/) deems in its sole discretion to be unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, THE WEB PLACE (www.web-place.com/) has the right, but not the obligation, to remove or deny access to such content. Member expressly agrees that THE WEB PLACE (www.web-place.com/) shall not be liable to Member for any action THE WEB PLACE (www.web-place.com/) takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third-party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. Member recognizes that THE WEB PLACE’S (www.web-place.com/)'s actions with respect to all such material may include restriction, suspension or termination of Member's access privileges and/or deletion of the objectionable material.

Material accessible to Member through THE WEB PLACE (www.web-place.com/) Service may be copyrighted. Member agrees to defend, indemnify and hold harmless THE WEB PLACE (www.web-place.com/), its officers, directors, employees, agents and licensees, from any claims and expenses, including reasonable attorney's fees, arising out of or relating to Member's use, possible violations of copyright law.

Member expressly agrees not to use THE WEB PLACE (www.web-place.com/) Service in a manner that is prohibited by any law or regulation or to facilitate the violation of any law or regulation. Member further agrees not to use the Service in a manner that will disrupt third parties' use or enjoyment of THE WEB PLACE (www.web-place.com/) Service or other communications services and outlets. Member acknowledges that prohibited conduct includes, but is not limited to, use of the Service to invade the privacy of third parties, posting via e-mail, USENET or the Member's personal web page or site, abusive, profane, libelous, slanderous, threatening or otherwise harassing material and posting material in any USENET or newsgroup that is off-topic according to the charter or other public statement of the USENET or newsgroup. Member also agrees not to use the Service to solicit other members to patronize competing services, not to violate or tamper with the security of THE WEB PLACE (www.web-place.com/) Service or attempt to forge another member's account name or persona. Member expressly agrees not to use THE WEB PLACE (www.web-place.com/) Service in a manner that is prohibited by any law or regulation or to facilitate the violation of any law or regulation. Member further agrees not to use the Service in a manner that will disrupt third parties' use or enjoyment of THE WEB PLACE (www.web-place.com/) Service or other communications services and outlets.

Member acknowledges that the transmission of a single, unsolicited e-mail message to a large number of recipients, or the posting of a single message to a large number of USENET's or newsgroups, whether the message is commercial in nature or otherwise, imposes a tremendous burden on the Service because of its excessive use of disk space and bandwidth. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested the message and with whom the Member has had no prior contact. Member agrees not to engage in such transmissions. Member acknowledges that any transmission by Member of an unsolicited message to 50 or more recipients or 15 or more USENET's or newsgroups on a single day will result in the immediate termination of Member's account.  In such cases, Member agrees to pay THE WEB PLACE (www.web-place.com/) a usage fee of $1,000 for utilizing the ISP resources to support the member’s violation of this provision.

Member recognizes that this Agreement continues only for so long as the parties' mutually agree to continue it, unless contractually bound, as is the case with Web Hosting and leased line services. Either Member or THE WEB PLACE (www.web-place.com/) may terminate the Agreement and Member's Membership at any time for any reason or no reason (upon written notice or confirmed email response), unless contractually bound, as is the case with Web Hosting and leased line services. THE WEB PLACE (www.web-place.com/) may also restrict, suspend or terminate, without notice, Member's access to and use of THE WEB PLACE (www.web-place.com/) Service upon any breach of this Agreement. Member's only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of THE WEB PLACE (www.web-place.com/) in operating THE WEB PLACE (www.web-place.com/) Service, any change in the content of THE WEB PLACE (www.web-place.com/) Service, or any change in the amount or type of fees charged in connection with THE WEB PLACE (www.web-place.com/) Service, is to terminate Membership by delivering notice to THE WEB PLACE (www.web-place.com/), effective the day THE WEB PLACE (www.web-place.com/) receives notification of termination or any future date specified which is acceptable to THE WEB PLACE (www.web-place.com/). Upon termination of this Agreement, Member shall have no right (a) to obtain any credit(s) otherwise due to Member, and such credit(s) will be forfeited, (b) to access through THE WEB PLACE (www.web-place.com/) any materials stored on the Internet or (c) to access any third-party providers of services, merchandise or information on the Internet through THE WEB PLACE (www.web-place.com/), and THE WEB PLACE (www.web-place.com/) shall have no responsibility to notify such third-party providers nor shall THE WEB PLACE (www.web-place.com/) have any responsibility for any damages that result from the lack of such notification. ABSOLUTELY NO REFUNDS AFTER THE FIRST THIRTY DAYS OF SIGNING ON.

Members using dial up Internet services, may not be logged in more than once per account with the same username. In the event that Member does, Member account will be suspended, and Member will have to call THE WEB PLACE (www.web-place.com/) to reactivate it. The purchasing of additional mailboxes does not circumvent this. Member will be double billed for double logins.

Members using dial up Internet services, recognizes that an unlimited account means that Member may use THE WEB PLACE (www.web-place.com/) Service as often as Member desires. However, unlimited does not mean that Member may stay online for longer than 4 hours at a given time. Member agrees to disconnect after a 4 hour period of time or Member shall be disconnected. Member may after disconnecting re-establish the connection. If Member requires being online for more than 4 hours per session, Member must purchase a dedicated account.

Upon request of THE WEB PLACE (www.web-place.com/), Member agrees to defend, indemnify and hold harmless THE WEB PLACE (www.web-place.com/), its officers, directors, employees, agents and licensees, from any claims and expenses, including reasonable attorney's fees, arising out of or relating to Member's use of THE WEB PLACE (www.web-place.com/) Service.

This Agreement shall be governed by the laws of the State of North Carolina (excluding its choice of law rules). You agree that any controversy or claim against THE WEB PLACE (www.web-place.com/) or its directors and officers, including any claim of misrepresentation, arising out of relating to this Agreement or THE WEB PLACE (www.web-place.com/) Service, shall be settled by arbitration. Any such claim must be commenced within one (1) year after the claim arises or the claim is time barred. The arbitration shall be conducted by a single arbitrator under the then current rules of the American Arbitration Association. The arbitration shall be held and the award shall be deemed to be made in Cumberland County, North Carolina. The decision and award of the arbitrator shall be final and binding, and the award may be entered in a court of appropriate jurisdiction. The prevailing party in any such arbitration shall be entitled to recover all legal expenses incurred in connection with the arbitration and confirmation of the award, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. You consent to the jurisdiction of the courts of the State of North Carolina for purposes of enforcing this arbitration provision.

This Agreement constitutes the entire agreement between you and THE WEB PLACE (www.web-place.com/) with respect to THE WEB PLACE (www.web-place.com/) Service and supersedes all prior agreements between you and THE WEB PLACE (www.web-place.com/). THE WEB PLACE’S (www.web-place.com/)'s 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 shall 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 shall remain in full force and effect.

 

 

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