Carefully read the following terms and conditions of this agreement. By accessing and using the web services of WebSMTP, LLC (â€œWebSMTP Servicesâ€), you (â€œCustomerâ€) indicate the acceptance of the following terms and conditions and you agree to be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THE WebSMTP SERVICES WEBSITE SERVICES.
This agreement constitutes the complete and exclusive statement of the agreement between you and WebSMTP Services with respect to the WebSMTP Web Hosting Services.
Now, therefore, in consideration of the mutual covenants set forth herein, WebSMTP Services and Customer agree as follows:
1.Order Acceptance, Payment.
A.All orders are subject to acceptance by WebSMTP Services. An order will be deemed accepted by WebSMTP Services when WebSMTP Services sends confirmation of the order to Customer via a Welcome Email.
B.WebSMTP Services shall charge Customerâ€™s credit card for the applicable fees, monthly fees, or annual fees, according to the Package(s) as selected by Customer and provided by WebSMTP Services. WebSMTP Services reserves the right to change the amount of, or basis for determining, any fees or charges and institute new fees and charges upon prior notice to Customer. Customer must provide WebSMTP Services with a valid credit card number to which WebSMTP Services will automatically charge all WebSMTP Services fees as they become due. All monthly fees and set-up fees shall be due in advance of the month incurred and all additional charges shall be due every month on that day which such charges are incurred. Except as provided in Section 3, the set-up fees are non refundable for Services such as Domains and Traffic and WebSMTP Services does not issue pro rata refunds for fees paid in advance. If payment by Customerâ€™s credit card is denied, or Customerâ€™s charge is returned to WebSMTP Services for any reason, including charge back or Customer otherwise fails to make any payments owing to WebSMTP Services, WebSMTP Services may, at WebSMTP Services discretion, suspend or terminate access to the WebSMTP Services Website Services and/or terminate this Agreement. Customerâ€™s right to use the WebSMTP Services Website Services are subject to any limits established by WebSMTP Services or by the issuer of Customerâ€™s credit card. A 15-Day grace period may be given to correct unpaid balances.
2.WebSMTP Services Website Services.
A.During the term of this Agreement, WebSMTP Services shall provide software services to Customer according to the Package(s) accepted by Customer (the â€˜WebSMTP Services Website Servicesâ€™). â€˜Packageâ€™ means one of WebSMTP Services business and/or electronic commerce service offerings, as can be found on WebSMTP Services Web site at http://www.WebSMTPWebHosting.com. The specific Package to be provided to Customer shall be established by correspondence between WebSMTP Services and Customer. Such Package shall be deemed incorporated by reference into this Agreement, as if fully set forth herein.
B.At Customerâ€™s request, WebSMTP Services will acquire an Internet Second-Level Domain Name (â€˜Domain Nameâ€™), from the Contracted Registrar on behalf of Customer. Customerâ€™s request for and/or acceptance of a Domain Name obtained by WebSMTP Services shall in all cases constitute Customerâ€™s waiver of any and all claims which Customer may have, or which may later arise, against WebSMTP Services or its third party providers, for any and all damages, losses, claims or expenses arising our or related to the acquisition, registration and/or use of the Domain Name. Any cost incurred by WebSMTP Services to obtain and/or maintain the Domain Name on behalf of Customer shall be charged to Customer by WebSMTP Services. Request for and acceptance of a domain name requires WebSMTP Services to supply the domain name to the Contracted Registrar, which in turns supplies the Domain Name to third parties. WebSMTP Services will be the sole billing and technical contact for the Domain Name. Domain name renewals automatically incur 30 days before order anniversary to prevent expiration and downtime of the domain unless customer cancels the renewal 31 days before the expiration date. Domain registration renewals and new orders will not be processed until client account balance is in positive standing.
C.Exceeding Web Site Traffic Limitations: If a site exceeds its maximum monthly allotment of traffic, the site will become unavailable until the beginning of the next calendar month unless customer chooses to upgrade his/her hosting package. Unavailability includes but may not be limited to the inability to access the site publicly or to publish to or modify the siteâ€™s contents via certain Web creation tools. WebSMTP Services will not be held responsible for any material or loss of income as a result of site unavailability.
WebSMTP Services Don't Offer for SMTP / Email Server Refunds, Cause here Included Setup Fee, But if have downtime issue this time we offer for Refunds.
4.Rules and Regulations.
From time to time WebSMTP Services may impose reasonable rules and regulations regarding the use of the WebSMTP Services Website Services. Such rules and regulations are called acceptable use policies.
A.Illegal use. Using the Services to transmit or store any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
B.Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam. This also includes phishing websites and back-end scripts such as malware and virii.
C.Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of WebSMTP Services whether or not the intrusion results in the corruption or loss of data.
D.Copyright or trademark infringement. Using the Services to transmit or store any material (by email, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal or storage of copyrighted software are prohibited on our service. This also includes warez, cracking and hacking websites which promote illegal activities and copyright violation.
E.Adult oriented websites. We do not host adult websites or websites of a sexual orientation.
F.Excessive loading of server. If a website(account) is deemed to occupy an excessive amount of load on the serverâ€™s processor/RAM which interrupts services or other client functionality, the account holder will receive warning to reduce the load of the site or upgrade to a dedicated server plan. User account load on a shared or semi-dedicated account of 25% or more of system resources for longer then 90 seconds is deemed over-excessive. This includes CGI scripts, FTP, PHP, HTTP, mail, etc. If load is not reduced or account upgraded, the account may be terminated. If the load is affecting server performance dramatically an immediate suspension may be performed. Accounts suspended due to excessive processor loads may be subject to a $100 administration fee. This fee will be charged directly to the credit card on file. Accounts that are not in positive billing standing may remain suspended until payment is received and do not receive a 15-day grace period benefit.
G.Bulk Emailing. Transmitting mass e-mail. Bulk mailing to an opted list under account holder control is allowed with an account limit of 150 emails per hour per domain. Bulk safe-list sending and receiving are not permitted under our services due excessive strains on servers. Accounts that are found to be bulk emailing and causing excessive server load fall under section 4.G.
H.Bots/Services/Daemons. The use of bots, unauthorized services or daemons of any kind are not permitted on shared hosting servers. IRC usage is also not permitted on shared servers.
I.Gaming services. Gaming scripts, including Teamspeak, bots, stat processors along with map downloads are prohibited on our shared and semi-dedicated accounts.
J.Reseller Rights. Shared accounts may not resell web hosting or host to other individuals. A reseller account is required to resell hosting.
K.Proxies. The use of an account to create a proxy or relay is prohibited.
L.Archiving. The use of an account for file storage, backup, file mirroring or archiving is strictly prohibited on our shared and semi-dedicated servers.
M.Banking/Conversion. Websites used for monetary exchange such as banking and conversion websites are strictly prohibited on all of our services.
N.Threatening/Harassing. Defamatory, slanderous, trade libelous, threatening or harassing websites are prohibited on all of our services.
O.Virus/Programming Defects. Accounts which contain viruses or other computer programming defects which result in damage to WebSMTP Services or any third party.
P.Torrent sites are prohibited.
Q.Hacking Sites. Hacking related sites are strictly prohibited on all of our services.
R.Paid to Surf Scripts. GPT, Paid to surf and PTC scripts are not allowed on any shared hosting plans due to their very high processor load requirements. A dedicated server plan is required.
S.Inode Limit. Shared hosting plans are limited to 200,000 inodes. If this number is exceeded an upgrade to a semi-dedicated plan or greater will be required. Every file including web pages, images, email, web stats, etc count as 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage will need to be upgraded to a better suited hosting plan. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose â€œMailâ€, then â€œDefault Addressâ€, â€œSet Default Addressâ€, and then type in: :fail: No such user here.
T.Backup Service. Accounts that are over the size of 5GBs in disk space may lose our free automatic backup service. It is the responsibility of the webmaster to backup data locally to their computer over 5GBs. No notice will be given.
During the term of this Agreement, WebSMTP Services grants to Customer a non-exclusive, personal, non-transferable license to access and use the WebSMTP Services Website Services solely on and as part of WebSMTP Services World Wide Web site and servers. WebSMTP Services may modify the WebSMTP Services Website Services at any time for any reason and may provide modified versions of the WebSMTP Services Website Services to Customer.
6.Intellectual Property Rights.
Customer acknowledges and agrees that the WebSMTP Services Website Services constitute confidential and proprietary information of WebSMTP Services and its licensors and embodies trade secrets and intellectual property of WebSMTP Services and its licensors protected under United States copyright and other laws and international treaty provisions. Customer further acknowledges that all right, title, and interest in and to all parts of the WebSMTP Services Website Services, including, without limitation, associated intellectual property rights, are and shall remain with WebSMTP Services and its licensors. Customer shall not, and shall cause its employees and agents not to, disclose or transfer any portion of the WebSMTP Services Website Services to any third party. Customer further agrees not to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, sub-license, distribute, re-market or otherwise dispose of any portion of the WebSMTP Services Website Services. Customer hereby acknowledges that, if WebSMTP Services at any time or from time to time performs any customizations or modifications to WebSMTP Services Website Services, all rights and interests to such customizations or modifications shall be the sole property of WebSMTP Services.
7.Term and Termination.
A.This Agreement shall have an initial term of one (1) month and shall thereafter automatically renew for successive one (1) month periods. This Agreement and Customerâ€™s access to the WebSMTP Services Website Services shall terminate as follows: (i) Either party may terminate upon thirty (30) days prior notice; (ii) WebSMTP Services may immediately and without prior notice terminate upon a violation by Customer of WebSMTP Services acceptable rules and regulations; (iii) WebSMTP Services may terminate immediately and without prior notice in accordance with Section 1; and (iv) WebSMTP Services may terminate immediately if, after 15 days prior notice to Customer, Customer has failed to correct any breach of this Agreement. There is a $20 fee for early cancellation of hosting terms of three months or greater after a renewal has taken place. The cancellation fee is not charged under new orders falling under section 3 of this agreement.
B.Upon termination by WebSMTP Services under Sections 7(B)(ii), (iii) or (iv), WebSMTP Services may immediately remove all of Customerâ€™s data and information from WebSMTP Services facilities and Customer shall have no right to copy or download such data or information, and, in such event, all such information and data, including all copyrighted or copyrightable material therein, shall then become the property of WebSMTP Services. In cases where Customerâ€™s account has been cancelled, and Customer is requesting reactivation, WebSMTP Services, at itâ€™s option, may reactivate the same account, only if the account had been cancelled less than sixty (60) days prior. After sixty (60) days, Customer will be required to set up a new account.
C.To cancel a WebSMTP Services Website Service. Customer should contact WebSMTP Services via e-mail form or send a request via mail to WebSMTP Services, 12101 Tukwila International Blvd. Suite 100 Seattle, WA USA, Attention: Website Service Cancellations. For assurance of delivery, WebSMTP Services recommends that requests for cancellation are sent via certified mail. Contact via e-mail form requires authorization reply to complete cancellation. Cancellations occur immediately on confirmation and may not be occur on a future date.
D.Sections 1, 6, 8, 9, 10, 11, 12, and 13 shall survive any termination of this Agreement.
8.Exclusion of Warranties.
WebSMTP Services PROVIDES THE WebSMTP Services WEBSITE SERVICES ON AN â€˜AS ISâ€™ BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, whether express or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose.
While WebSMTP Services makes reasonable efforts to maintain the WebSMTP Services Website Services, many factors are not within WebSMTP Services control. Therefore, WebSMTP Services does not warrant, and is not responsible for (even if caused by the negligence of WebSMTP Services) any loss of data, delays, non-delivery or mis-delivery of information, lack of access, slows response time, or service interruptions or errors. Loss, delay or non-delivery of data can be due to but not limited to WebSMTP Services own negligence, viruses or other third parties. Customerâ€™s data is defined as any data held by WebSMTP Services and includes account information, web hosting data, email and domain name services. This disclaimer and waiver shall apply equally to any and all third party providers.
WebSMTP Services has the right to change prices, or add or delete product features of any existing product or service. The right to change packages or services extends to any product or service. WebSMTP Services reserves the right to change prices or material features at any time upon 30 days prior notice. WebSMTP Services reserves the right to institute new fees or new material features at any time upon 30 days prior notice. WebSMTP Services has the right to discontinue products or services and the right to remove or reassign IP addresses of a customerâ€™s web site. WebSMTP Services also has the right to deactivate a customerâ€™s service with a thirty (30) day notice. You assume full responsibility and risk for use of the services and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the service or the Internet.
9.Limitation of Liability and Damages.
THE TOTAL AGGREGATE LIABILITY OF WebSMTP SERVICES TO CUSTOMER SHALL BE LIMITED TO THE AMOUNT PAID TO WebSMTP Services BY CUSTOMER HEREUNDER DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM IN WHICH WebSMTP Services IS LIABLE TO CUSTOMER. IN NO EVENT SHALL WebSMTP Services BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT, OR OTHERWISE AND WHETHER OR NOT WebSMTP Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Customer acknowledges that by reason of its relationship with WebSMTP Services, it may have access to certain information and materials relating to WebSMTP Services business, customers, software technology and marketing which WebSMTP Services treats as confidential (collectively â€˜Confidential Informationâ€™). Customer shall: (i) hold in confidence, and not disclose or reveal to any person or entity, any Confidential Information without the clear and express prior written consent of a duly authorized representative of WebSMTP Services; and (ii) not use or disclose any of the Confidential Information for any purpose at any time, other than for the limited purpose of performance under this Agreement. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for two (2) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
Customer shall indemnify and hold WebSMTP Services harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorneyâ€™s fees and expenses that Company may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement (including reasonable attorneyâ€™s fees) and for any act or omission of Customer or its clients which are in any way related to the WebSMTP Services Website Services.
Either party shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of Nature, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
Customer may not assign its rights or delegate any of its duties under this Agreement without our prior written consent of WebSMTP Services, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of partners. WebSMTP Services may subcontract any work, obligations or other performance required of WebSMTP Services under this Agreement without consent of Customer. Other than the termination of this agreement, all notices provided hereunder sent by email, mail or certified mail to WebSMTP Services, will be effective upon transmission. WebSMTP Services has the right to amend the Agreement from time to time, and will do so by posting the new Agreement on the WebSMTP Services web site under the Service Agreement link on the footer of the main page.