|
     
 |
 |
 |
Terms and Conditions of Use |
1) GENERAL:
By using WebIntellects, Inc. services, you agree to use the
Internet in accordance with the laws and the ethical rules established
or to be set up in the future. Our Terms and Conditions of Use
policy is one of zero tolerance. We reserve the right to immediately
discontinue services without liability, refund or continuance
of any prepaid service fees. By using WebIntellects services,
you constitute your approval of our policy.
2) BILLING - GENERAL:
All accounts are set up on a pre-pay basis. All International
clients must pay by credit card, PayPal, money order, cashiers
check or wire transfer. All accounts under $50.00/mo must also
be paid by credit card. Accounts over $50.00/mo can be paid
by check, money order or credit card. Customers with accounts
set up on a periodic credit card billing plan must keep credit
card information current. It is the customers' responsibility
to inform WebIntellects on changes in credit card type, e-mail
address or expiration date to their credit card. Credit card
accounts are billed once monthly, quarterly or yearly, depending
on your billing cycle. If your credit card is declined you will
have 14 days to make payment, after these 14 days, your account
will be placed on hold until services are paid for. All accounts
paying by check have 30 days to send in payment. If no payment
has been received by the Due Date, then accounts will be placed
on hold until payment is received. There is a $1.00 credit card
resubmission fee if your credit card is declined for any transaction.
WebIntellects charges a $25.00 return check fee on all returned
checks and a $25.00 charge per wire transfer received. All accounts
issuing chargebacks against WebIntellects will be billed an
additional $25.00 per chargeback. For more information, please
view our Billing Policy.
NOTE: All accounts
billed to a credit card are automatically renewed unless canceled
prior to the renewal date. This applies to all monthly, quarterly
and yearly accounts.
3)
BILLING TERMS:
After the initial thirty days of service, each customer is committed
to the remaining time on the service they purchased and no refunds
will be given. WebIntellects does not require that you finish
off each term and you are free to close your account at anytime
without any additional charges or fees. However, WebIntellects
will not pro-rate any return for unused service. For example,
if you have an account that you are paying for monthly and you
decide to close it a few days after your last payment, you will
not be issued any refund, whether in full or pro-rated. By using
WebIntellects, you understand and agree to this billing term.
You also understand that while no refund will be issued, you
are always free to keep your account open for the full amount
of time you have paid for.
As a current or prior customer of WebIntellects, you agree to
allow WebIntellects to attempt settlement of any billing dispute
for 30 days before disputing with any third party, credit card
company or bank. For more information, please view our Billing
Policy.
4)
CANCELLATIONS:
Almost all web hosting, VPS, E-commerce and Internet Access
plans include a 30-day money back guarantee. If for any reason
our services haven't exceeded your standards, please let us
know within the first 30 days of account activation and we will
refund the money paid for that first month of service minus
Setp Fees, Activation Fees and overage charges. Setp Fees and
Activation Fees are refundable only if the account order is
canceled prior to activation. For web hosting contracts of 3
months or longer, the full contract amount less any set-up fees
and overages will be refunded if WebIntellects is notified within
the first 30 days following activation. No refund is available
after the 30th day. Due to security concerns (such as fraudulent
cancellations), all account cancellations must be done through
our cancellation form via your Control Maestro Panel. E-mail
requests and phone calls will not constitute acceptance of any
cancellation. Refunds will be made by company check or issued
back to your credit card within 30 days of receipt of cancellation.
5)
CONTENT:
You will not in any way use html, java or perl code that will
result unnecessary traffic nor will you install any client side
applications that will result in excess traffic. The intent
of WebIntellects is to provide space to serve web documents,
not as an off-site storage area for electronic files. You will
also not misrepresent the site in such a way that will result
in needless traffic. Some examples of unacceptable content or
links include: pirated software, hacker programs or archives,
Warez sites, Spamware, Copyrighted MP3s and IRC bots. WebIntellects
does not support; (i) sexually explicit, obscene or pornographic
content (whether in text or graphics); (ii) speech or images
that are offensive, profane, hateful, threatening, harmful,
defamatory, libelous, harassing, discriminatory (whether based
on race, ethnicity, creed, religion, gender, sexual orientation,
physical disability or otherwise) or that promote any illegal
activity; and/or (iii) graphic violence. We will terminate any
account that does not conform to these requirements. WebIntellects
reserves the right to terminate any account, for any reason,
without prior notice or warning.
6)
E-MAIL:
You will not send out advertising e-mail, unsolicited bulk e-mail
(UBE) or Spam, nor do anything that will result in excess mail
traffic. You will not use your E-mail account to receive large
files or programs over 10 MBs in size. Unsolicited advertising
via e-mail or newsgroups is prohibited and will result in immediate
account termination without compensation. Spamming, including
(but not limited to) mass e-mailing, cross posting, or otherwise
causing abuse to others on the Internet is prohibited and will
be grounds for account termination without compensation. If
you use the services of another provider to promote a web site
hosted by or through WebIntellects, then the provisions of the
above Policy shall apply as if the unsolicited e-mail were sent
through our servers.
NOTE: Any accounts caught Spamming, or
running Spam scripts, will be charged a $100 clean-up fee.
7)
ORDB.ORG AND SPAMCOP USE/SPAM PREVENTION:
WebIntellects uses two filters on all shared servers to help
reduce the amount of Spam our users receive. WebIntellects has
chosen ORDB.org, which is the Open Relay Database, and www.spamcop.net.
ORDB.org is a non-profit organization which stores IP-addresses
of verified open SMTP relays. These relays are, or are likely
to be, used as conduits for sending unsolicited bulk email,
also known as Spam. Spamcop will list any IPs that have been
sending out reported Spam. If the Spam stops, the IP is released
from the database after 48 hours. By using WebIntellects, you
understand and approve of such filtering. You understand that
any person attempting to e-mail you from a server in the Open
Relay Database or Spamcop database will be returned to the sender.
If you do not want your service subject to such filtering, then
you understand you are free to host your site elsewhere. For
more information on ORDB.org, please click
here. For more information on Spamcop, please click
here.
NOTE: While the SpamCop
filter is set to "ON" by default, ANY customer may
request to have it turned off for their domain(s).
8)
ILLEGAL ACTIVITY:
Illegal activities, to include; unauthorized distribution or
copying copyrighted software, violation of US export restrictions,
harassment, fraud, trafficking in obscene material, and other
illegal activities will be reported to all regulatory, administrative
and/or governmental authorities. WebIntellects reserves the
right to report all such activities.
9)
ACCESS:
Access to our servers is for the express purpose of setting
up and managing your web site and e-mail. You are not to use
the access to compile or run programs that do not directly relate
to the web site. You will not view or attempt to modify files
that do not belong to you. It is a crime to access any information
in the non-public part of a computer regardless of damage or
security of the information. Any actions construed to be negligent
or malicious attack is strictly prohibited.
Under no circumstances may more than one person log in to any
dial-up account at any one time. Violators will be billed as
separate accounts and will be subject to immediate account termination
without warning and without any refund of unused services.
10)
RESOURCE USAGE:
WebIntellects enforces a strict policy on resource use that
all accounts must abide by. In order to keep our servers running
at optimal levels, any sites running a process that requires
more than 8Mb of memory, more than 30 CPU seconds, or uses more
than 10% of all available system resources at any time will
be required to move up to a dedicated solution or be hosted
elsewhere. Web sites requiring the following are also limited
and may not even be allowed at all:
- High CPU-use CGI Scripts - CGI script sharing with domains not hosted by WebIntellects is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. If your web site has been shut down at another web host for high CGI resource use, you will certainly be shut down here as well. We will not allow a user's web site to affect the other web site owners on our servers.
- CGI-based Chat Rooms - WebIntellects does not allow customers to install their own CGI-based chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. WebIntellects does offer Java-based chat for its customers for an additional fee.
- CGI-based Forums - WebIntellects does not allow customers to install their own CGI-based Forums. YaBB and Ultimate Bulletin Board Forums tend to require significant system resources and therefore cannot be permitted. WebIntellects recommends vBulletin or phpBB.
- Background Running Programs and Cron Jobs - WebIntellects may allow programs to run in the background. These programs will be considered on an individual basis. Customers will not be allowed to execute a cron more then once per hour with WebIntellects. If you wish to run background programs please contact us so that we can arrange set-up.
- IRC - WebIntellects does not allow IRC
or IRC bots to be operated on any of our servers.
- Webcams - WebIntellects does not allow
web-cams to be refreshed more then once in a 5 minute period.
If you require a refresh rate quicker then 5 minutes, you
will need to host your site on a Virtual
Dedicated Server.
- Hotlinking - WebIntellects does not allow
hotlinking of any kind (whether hosted by WebIntellects
or hosted elsewhere). This includes using your site to host
images or content that is being used in HTML e-mails sent
in bulk. Linking your images from auction sites like eBay
is the only exception to this rule.
11)
UNMETERED BANDWIDTH POLICY:
The purpose of the WebIntellects Unmetered Bandwidth Policy
is to assure owners of standard operating web sites and small
businesses that they will not be surprise billed for bandwidth
usage. It is one less thing someone will need to worry about
while hosting their web site at WebIntellects. The WebIntellects
Unmetered Bandwidth Policy does not cover certain web sites.
These include the following:
- Web Portals/Communities/Forums - Any sites that have members
and/or forums.
- Online Gaming - Includes online casinos and single/multiplayer
online games.
- Image Galleries - Includes eBay or other online auction
image dumps.
- Downloads - Any site that prompts for a download or has
large applets.
- Audio/Video - Any streaming content, web-cams or audio/video
downloads.
- Chat - Includes PHP and Java chat rooms. CGI-based chat
is not allowed on our servers.
If you are planning on using our servers to host one of these
sites, WebIntellects will allow for 50 GBs of transfer per
month. You will be billed $10.00/10 GBs/mo thereafter. All
other accounts for personal and small business are allowed
unmetered bandwidth. If you adhere to our Terms and Conditions
of Use Policy and run a standard web site, you will be covered
under the unmetered bandwidth policy. (99.9% of all WebIntellects
hosted web sites currently qualify for their unmetered bandwidth
usage.) Accounts that do not follow our Terms and Conditions
of Use policy are classified as metered bandwidth accounts
and will be billed accordingly.
12)
UNMETERED WEB SPACE POLICY:
WebIntellects customers are privileged to be offered unmetered
web space for their sites on certain plans. WebIntellects will
start you out with 2000 MBs of space. Once you approach 90%
of its use, simply request additional space from Support. WebIntellects
will then add another 1000 MBs of space, free of charge. You
can continue this process until you no longer require additional
space. The intent of WebIntellects is to provide a large amount
of space to serve your web pages, not an off site storage area
for electronic files or a backup of your PC or for file serving
downloads. Ninety Percent (90%) of your web content must be
HTML-based pages (or similar pages) and must be linked with
files (.GIF, .JPEG, etc.) stored within your space, hosted on
a WebIntellects server. Websites that are found to contain limited
or no html documents or a large number of unlinked files, will
not be offered any additional web space under our Unmetered
Web Space Policy.
The WebIntellects Unmetered Web Space Policy does not cover
certain web sites. These include the following:
- Online Gaming - Includes online casinos and single/multiplayer
online games.
- Image Galleries - Includes eBay or other online auction
image dumps.
- Downloads - Any site that prompts for a download or has
large applets.
- Audio/Video - Any streaming content, web-cams or audio/video
downloads.
If you are planning on using our servers to host one of these
sites, WebIntellects will allow for 2000 MBs of web space.
13) 99.99% NETWORK UPTIME GUARANTEE:
(1.) Coverage - This 99.99% Network Uptime Guarantee applies
to any WebIntellects client in good financial standing with
WebIntellects at the time of a service outage.
(2.) Service Level - WebIntellects endeavors to have our network
available for use by any party in the world 99.99% of the time.
WebIntellects defines network uptime as the ability to reach
our datacenter's core routers. This can be verified by running
trace routes.
(3.) Credits - In the event that our network is not available
for more than 99.99%, WebIntellects will credit the following
month's service fee as follows. For any client, such credit
shall be retroactive and shall be as calculated below and as
measured 24 hours a day in a calendar month, with the maximum
credit not to exceed the monthly service charge for the affected
month.
| Monthly |
Uptime Credit
|
99.98% to 97%
96.9% or below |
50%
100% |
In order for you to receive a credit on your account, you must request such credit
within seven (7) days after you experienced the down time. You
must request credit by sending an electronic mail message to
the WebIntellects Billing Department. The body of this message
must contain your account number, the dates and times of the
unavailability of our network, and such other customer identification
requested by WebIntellects. Credits will usually be applied
within thirty (30) days of your credit request. Credit to your
account shall be your sole and exclusive remedy in the event
of an outage.
(4.) Restrictions - Credits shall not be provided to you in
the event that you have any outage resulting from; (i) scheduled
maintenance as posted from time to time at WebIntellects; (ii)
circumstances beyond WebIntellects' reasonable control, including,
without limitation, acts of any governmental body, war, insurrection,
sabotage, embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability of
interruption or delay in telecommunications or third party services,
including failure of third party software or hardware or inability
to obtain raw materials, supplies, or power needed for our network.
14)
99.9% SERVER UPTIME GUARANTEE:
(1.) Coverage - This 99.9% Server Uptime Guarantee applies to
any WebIntellects client in good financial standing with WebIntellects
at the time of a service outage.
(2.) Service Level - WebIntellects endeavors to have the content
of your web site available for http access by any party in the
world 99.9% of the time. WebIntellects defines server uptime
as the ability to reach your server via ping. This can be verified
by pinging your server's IP Address.
(3.) Credits - In the event that your web site is not available
for more than 99.9%, WebIntellects will credit the following
month's service fee as follows. For any client, such credit
shall be retroactive and shall be as calculated below and as
measured 24 hours a day in a calendar month, with the maximum
credit not to exceed the monthly service charge for the affected
month.
| Monthly |
Uptime Credit |
99.8% to 97%
96.9% or below |
50%
100% |
In order for you to receive a credit on your account, you must
request such credit within seven (7) days after you experienced
the down time. You must request credit by sending an electronic
mail message to the WebIntellects Billing Department. The body
of this message must contain your account number, the dates
and times of the unavailability of your web site, and such other
customer identification requested by WebIntellects. Credits
will usually be applied within thirty (30) days of your credit
request. Credit to your account shall be your sole and exclusive
remedy in the event of an outage.
(4.) Restrictions - Credits shall not be provided to you in
the event that you have any outage resulting from; (i) scheduled
maintenance as posted from time to time at WebIntellects; (ii)
your behavior or the performance or failure of your equipment,
facilities or applications; (iii) circumstances beyond WebIntellects'
reasonable control, including, without limitation, acts of any
governmental body, war, insurrection, sabotage, embargo, fire,
flood, strike or other labor disturbance, interruption of or
delay in transportation, unavailability of interruption or delay
in telecommunications or third party services, including DNS
propagation, domain name registration/transfer, failure of third
party software or hardware or inability to obtain raw materials,
supplies, or power used in or equipment needed for provision
of your web site; or (iv) a client breaking any item in WebIntellects
Terms and Conditions of Use policy causing a machine to fail
as a result. Due to the availability of full root access, all
virtual private server and fully managed dedicated server customers
are only guaranteed 99.99% uptime for network connectivity,
not server performance.
15)
24-HOUR TROUBLE TICKET RESOLUTION TIME GUARANTEE:
(1.) Coverage - This 24-Hour Trouble Ticket Resolution Time
Guarantee applies to any WebIntellects client in good financial
standing with WebIntellects at the time of the trouble ticket
submission.
(2.) Service Level - WebIntellects endeavors to have all trouble
tickets opened within the Control Maestro panel resolved within
24 hours after initial submission.
(3.) Credits - In the event that your trouble ticket is not responded to within 24 hours, WebIntellects will credit your account $10.00 USD per incident. In order for you to receive a credit on your account, you must request such credit within seven (7) days after you notice the break in the guarantee. You must request credit by sending an electronic mail message to the WebIntellects Billing Department. The body of this message must contain your account number, the date, the time and the trouble ticket number, and such other customer identification requested by WebIntellects. Credits will usually be applied within thirty (30) days of your credit request. Credit to your account shall be your sole and exclusive remedy.
(4.) Restrictions - Credits shall not be provided to you in
the event that you do not have a resolution within 24 hour resulting
from (i) scheduled maintenance as posted from time to time at
WebIntellects,(ii) the reliance upon a third-party vendor or
supplier to provide support, (iii) a non-response from the customer
when additional information is requested, and/or (iv) circumstances
beyond WebIntellects' reasonable control, including, without
limitation, acts of any governmental body, war, insurrection,
sabotage, embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability of
interruption or delay in telecommunications or third party services,
failure of third party software or hardware or inability to
obtain raw materials, supplies, or power used in or equipment
needed to respond to trouble tickets.
16)
TRADEMARK AND COPYRIGHTS:
You hereby agree and warrant that any material submitted for publication or use through your account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful, and you indemnify WebIntellects as to the same.
The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. WebIntellects takes all allegations seriously and will investigate each notice immediately. Once WebIntellects receives your infringement notice, we will notify the web site owner that they will have 24 hours to either (i) take down or remove the disputed material, or (ii) provide a counter-notice. WebIntellects still reserves the right to remove or take down material immediately without any prior notice.
If you would like to notify WebIntellects of an infringement of your copyright, the DMCA requires that you:
- Send your notification to WebIntellects, Inc. You may use one of the following two avenues for this notification:
- Fax to: WebIntellects, Inc. , Attention: Abuse at (760)
477-1111
- Mail or courier to: WebIntellects, Inc., Attention:
Abuse, 2420 Grand Ave, Suite G-2, Vista, CA 92081
- Include in your notification the following information
- A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")
- Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material claimed to infringe the copyright(s), and enough information for WebIntellects to locate it.
- The Claimant's name, address, and telephone number(s).
- A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
- A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
If you wish to learn more about the Digital Millennium Copyright Act, click
here.
17)
PRIVACY POLICY:
When you visit our Web site, we do NOT collect your e-mail address(es),
aggregate information on what other pages on the Web you have
accessed or visited, user-specific information on what pages
you access or visit unless volunteered. Information volunteered
by the consumer, such as survey information, online sign ups,
and/or site registration will never be released. When using
our services, we agree to NEVER release your e-mail addresses(es),
domain names, and/or any other personal information to anyone
at any time. For your privacy, we will also not reference any
domain names we host. For more information, please view our
Privacy Policy.
18)
BACKUPS:
Full backups are made weekly on shared and VPS servers, and
backups of new/changed data made nightly for shared servers.
No guarantees are made of any kind, either expressed or implied,
as to the integrity of these backups. Backups are made for server
restoration purposes only. It is the clients' responsibility
to maintain local copies of their web content and information.
A "Backup/Restore" feature is included with each hosting plan
and a client can use this tool to back up their files. If loss
of data occurs due to an error of WebIntellects, we will attempt
to recover the date for no charge to the client. If data loss
occurs due to negligence of a client in securing their account
or by an action of the client, WebIntellects will attempt to
recover the data from the most recent archive for a $25.00 fee.
19)
ACTIONS TAKEN:
The failure by a customer to meet or follow any of the Terms and Conditions of Use is grounds for account termination. WebIntellects will be the sole arbiter as to what constitutes a violation of the Terms and Conditions of Use. WebIntellects reserves the right to remove any account without prior notice.
When WebIntellects becomes aware of an alleged violation of its Terms and Conditions of Use, we will initiate an investigation. During the investigation, WebIntellects may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, WebIntellects may, at its sole discretion, restrict, suspend, or terminate a customer's account and/or pursue other civil remedies. If such violation is a criminal offense, WebIntellects will notify the appropriate law enforcement authorities of such violation.
WebIntellects does not issue credits for outages incurred through service disablement resulting from Terms and Conditions of Use violations. WebIntellects does not issue refunds for accounts terminated for Terms and Conditions of Use violations.
20)
WARRANTEES:
THIS SERVICE IS PROVIDED AS IS. USE IT AT YOUR OWN RISK. THERE ARE NO WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF SALABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WEBINTELLECTS IS NOT RESPONSIBLE FOR HARDWARE OR SOFTWARE DAMAGE, LOSS OF WAGES, OR ANY OTHER FINANCIAL OR PERSONAL LOSS RESULTING FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WEBINTELLECTS, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. WEBINTELLECTS AND ITS PARTNERS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION OR USE OF THE SERVICE.
21)
INDEMNIFICATION:
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD WEBINTELLECTS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST WEBINTELLECTS, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS WEBINTELLECTS AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH WEBINTELLECTS' SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM WEBINTELLECTS' SERVER.
22)
GOVERNING LAW:
In the event of litigation both parties agree that the Law of California shall apply and both parties consent to the jurisdiction of the state courts of San Diego, California, or in the event of diversity of citizenship, the United States District Court for the Southern District of California. Both parties expressly waive a trial by jury.
23)
CHANGES:
WebIntellects reserves the right to modify or otherwise amend
this policy without prior notice or warning.
|
|
|
