Spam Policy / Terms and Conditions of Use
Related Terms: Billing Policy, Privacy Statement, Terms, and Conditions for domain name registrations, Uniform Domain Name Dispute Resolution Policy. |
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1. Introduction |
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| The goal of Wob Tech Designers is to provide the best service possible for an enjoyable Internet experience. This Acceptable Use Policy (“AUP” or “Policy”) is designed to keep Wob Tech Designers and the Internet enjoyable and useful for all of our subscribers. Violation of this Policy may result in suspension or cancellation of Wob Tech Designers services. Wob Tech Designers is committed to and supports the free exchange of information and ideas over the Internet. Wob Tech Designers does not actively monitor nor does Wob Tech Designers exercise editorial control over the content of any website, electronic mail transmission, mailing list, newsgroup, or other material created or accessible over Wob Tech Designers servers. However, Wob Tech Designers reserves sole discretionary rights to remove any materials deemed potentially illegal, harmful to Wob Tech Designers’ business operations or equipment, or in violation of any part of this AUP or of the standard Wob Tech Designers Internet Agreement. Use of Wob Tech Designers Network’s servers immediately constitutes acceptance and acknowledgment of this Acceptable Use Policy. |
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2. Restricted Content |
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| Clients are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Clients are expected to use/her account to maintain a website only. Common sense is the best guide as to what is considered acceptable use. Wob Tech Designers forbids websites with adult graphic content (softcore and/or hardcore), including, but not limited to, banner advertising, any adult website(s), child pornography, and distribution of adult website passwords. Client’s whose accounts are found in violation of this policy may, at the discretion of Wob Tech Designers, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnect fee.
The client whose website promotes activities that violate federal, state, local, International laws and/or violation of U.S. export restrictions are also not welcome at Wob Tech Designers. This includes “warez” sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs. Client’s whose accounts are found in violation of this policy may, at the discretion of Wob Tech Designers, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee. Additionally, Wob Tech Designers may contact the Software Piracy Association (“SPA”) and release any information in connection with any illegal activities relating to software piracy on the Client’s account.
IRC Bots or any other automaton programs written in C, Perl, or IRC-script used specifically in conjunction with IRC are not allowed. These programs tie up system resources and are in no way related to maintaining a website. Clients are not allowed to have any programs, including but not limited to, Eggdrop, or any other IRC-related programs, within their account. The client agrees not to upload the tar file for any of these programs or to execute them within their account. The first violation of this policy will result in the IRC-related program being removed from the Client’s account and Wob Tech Designers will notify the Client immediately of the violation. The second violation of this policy may, at the discretion of Wob Tech Designers, result in the Client’s account(s) being terminated without notice and a maximum clean-up/disconnect fee.
Simply put, we ask that you use your account to host a non-adult-oriented, legal website. |
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3. Warranties/Disclaimers |
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| Wob Tech Designers Internet service is provided on an “as is, as available” basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made concerning Wob Tech Designers or any information or software therein. You release Wob Tech Designers from and Wob Tech Designers shall have no liability or responsibility for any direct, indirect, incidental, or consequential damages suffered by you in connection with your use of or inability to use Wob Tech Designers services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by Wob Tech Designers’ negligence. Without limiting the generality of the foregoing, Wob Tech Designers disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods, and services available on or through the Internet or the Wob Tech Designers services. In no event shall Wob Tech Designers aggregate liability exceed the amount paid by you to Wob Tech Designers for the Wob Tech Designers services. Use of any information obtained via Wob Tech Designers Internet service is at the user’s own risk. Wob Tech Designers specifically disclaims any responsibility for the accuracy or quality of information obtained through its services. |
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4. Trademarks & Copyrights |
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| Client warrants that it has the right to use the applicable trademarks, if any, and grants Wob Tech Designers the right to use such trademarks in connection with Wob Tech Designers’ Network’s service. The client agrees not to modify any copyright notices in features (Perl programs, etc.) provided by Wob Tech Designers. Modification of scripts provided by Wob Tech Designers without written permission is strictly prohibited. |
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5. Etiquette and Policies (spam etc) |
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| Spamming is the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to. Using fictitious e-mail addresses @eshopdesigners.com or any domain name hosted with Wob Tech Designers is strictly forbidden. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. A violation of this policy extends to clients who send unsolicited e-mail from a domain name not affiliated or hosted with Wob Tech Designers but the mail message makes mention of a website hosted with Wob Tech Designers. Wob Tech Designers allows clients to send mailings to subscribers of their mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honored immediately. The client agrees not to send mailings to lists provided by an outside agency or individual. The client further agrees not to provide mailing list services to others. Due to the nature of a shared server environment, Wob Tech Designers requests that mailing lists be sent during non-peak hours, specifically between the hours of 1:00 am and 5:00 am, Central Time (U.S.A). Wob Tech Designers reserves the right to terminate a client’s mailing program, whether provided by Wob Tech Designers or not, immediately and without notification to the client if said list causes a problem with the e-mail services of other clients. Wob Tech Designers also reserves the right to forbid a client from utilizing any mail-sending program that jeopardizes the mail services of other clients.
Due to the consumption of system resources and overloading of the e-mail server, Wob Tech Designers forbids the use of the “Gossamer Links” program by any client.
Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mailbombing, the sending of multiple messages without significant new content to the same user and/or 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 is strictly forbidden. Wob Tech Designers reserves the right to determine what constitutes an abuse of this policy. Clients whose accounts are found in violation of this policy may, at the discretion of Wob Tech Designers, have their account(s) terminated without notice and are subject to a maximum $500 clean-up/disconnection fee.
The following should be noted …
a. The network resources of Wob Tech Designers may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Wob Tech Designers All messages via Wob Tech Designers should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users may not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. Clients may not use Wob Tech Designers’ Network’s server for mass e-mail or “spamming” purposes.
b. Wob Tech Designers may discontinue servicing any Plan or may require fulfillment of terms or conditions Wob Tech Designers may choose to impose as a prerequisite for continuing to service any such Plan. Such discontinuation or requirement may not be unreasonable, however, and Wob TechDesigners agrees to provide Customer with reasonable notice by Email and fax of any such intent to discontinue or impose certain conditions.
c. Wob Tech Designers’ Network’s services may not be used for illegal purposes, or in support of illegal activities. Wob Tech Designers reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities that are prohibited as potentially illegal include, but are not limited to:
(i). Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
(ii). Threatening bodily harm or property damage to individuals or groups.
(iii). Making fraudulent offers of products, items, or services originating from your account.
(iv). Attempting to access the accounts of others or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data.
(v). Harassing others by ‘mail-bombing’. ‘Mail-bombing’ constitutes sending more than ten (10) similar mail messages to the same e-mail address.
(vi). Forging any message header, in part or whole, of any electronic transmission, originating or passing through Wob Tech Designers services.
(vii). Distributing viruses to or from Wob Tech Designers systems. |
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6. Limited Liability |
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a. Client expressly agrees that the use of Wob Tech Designers’ Network’s Server is at Client’s sole risk. Neither Wob Tech Designers, its employees, agents, resellers, third-party information providers, merchants licenses, or the like, warrant that Wob Tech Designers’ Server service will not be interrupted or be error-free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through the Wob Tech Designers Server service, unless otherwise expressly stated in this Agreement. Out 99% uptime guarantee only covers the amount that was paid for the services.
b. Under no circumstances, including negligence, shall Wob Tech that result from the use of or inability to use the Wob Tech Designers Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Wob Tech Designers’ records, programs or services. The client hereby acknowledges that this paragraph shall apply to all content on Wob Tech Designers’ Servers. |
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7. Wob Tech Designers’ Right to Change Service |
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| Wob Tech Designers reserves to right to change without notice the Wob Tech Designers service, including, but not limited to, hours of operation, menu structures, commands, documentation, and vendors. |
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8. Wob Tech Designers’ Right to Modify its Acceptable Use Policies |
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| Wob Tech Designers may at any time, revise the Acceptable Uses Policy with advanced notice given to clients. Renewal of an account with Wob Tech Designers constitutes acceptance of all modifications to the Acceptable Uses Policy and to the Contract for the account. The contract is automatically renewed 7 days before the date of expiry unless otherwise instructed by the client at the time of placing the order or via a notice at least 7 days before the account due date. An account is billed from the date the order is placed up to the date of expiry of the contract. The contract length is determined by the client at the time of placing the order. |
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9. Indemnification |
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Client agrees that it shall defend, indemnify, save and hold Wob Tech Designers harmless from any demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Wob Tech Designers, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. The client agrees to defend, indemnify and hold harmless Wob Tech Designers against Liabilities arising out of
a. any injury to person or property caused by any products sold or otherwise distributed in connection with Wob Tech Designers’ Network’s Server;
b. any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
c. copyright infringement and
d. any defective product which Client sold on Wob Tech Designers Server. |
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10. Excessive CPU/Memory Usage |
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| The client agrees to take all responsibility for all programs including CGI scripts executed under their account. Programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) are not permitted. The client agrees and understands that such excessive use can harm the performance of the webserver. The client agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. The use of CGI or PHP chat scripts or pages is strictly prohibited. Wob Tech Designers provides acceptable chat programs for clients with Unix Standard + accounts at no charge. Web Tech Designers reserves the right to suspend accounts without notice to clients who violate these terms. Wob Tech has sole discretion over what constitutes excessive usage.
Programs provided by Wob TechDesigners as an installable feature are not exempt from this policy. While every effort is made on Wob Tech Designers’ end to ensure the program it provides is efficient, problems with excessive usage of particular programs may occur. |
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