Websites Extreme - Terms of Service
The following Terms of Service must be agreed to and abided
by for use of our services. Please be aware that Websites
Extreme reserves the right to modify the Terms of Service
at any time, and without notice as is deemed necessary by
Websites Extreme . Please read these terms and conditions
carefully.
Websites Extreme agrees to deliver the agreed upon
services, as declared in the “New Account” confirmation, to
our customers at the time of purchase, subject to the following
Terms of Service (hereafter referred to as TOS).
In addition, the use of Websites Extreme 's service (s)
by a subscriber constitutes an unconditional acceptance of and
agreement to Websites Extreme 's TOS. Websites Extreme
reserves the right to change or modify the TOS at any time
without notice.
1.
100% Money-Back Guarantees
1. 30-Day Money Back
Guarantee
2. Any-Time Money
Back Guarantee
3. Refunds for
Domain Registrations
2. 99.9% Uptime Guarantee
3. Prohibition of
Adult Content
4. "Fair-Use"
Resource Assignment
5.
SPAM and Unsolicited Commercial Email (UCE)
6.
Prohibited Scripts and Applications
7. Payment
8. Failure to Pay
9. Account Cancellation
10. Subscriber
Acknowledgement
11. Change of Nameservers
12. Support Boundaries
13. Network
a. IP
Address Ownership
b. Data Transfer
and Disk Usage
c. System and
Network Security
14.
Notification of Violation
15.
Suspension of Service or Cancellation
16. Miscellaneous
Provisions
17. Disclosure to
Law Enforcement
18. Indemnification
19. Severability
20. Applicable Law
21. Data Integrity
22. Web Design Services
a.
Ordering and
Planning Process
b. Revision Process
c. Approval Process
d. Refund Policy
e. Ownership and
Copyright
I. 100%
Money-Back Guarantees
A. 30-Day Money Back
Guarantee
Websites Extreme proudly offers its subscribers a “30-Day
Money Back Guarantee.” This guarantee allows subscriber to
purchase Websites Extreme ’s services with full confidence and
zero-risk. Consequently, subscriber may request a full refund
within 30 days of initial sign-up and be refunded all fees paid
to-date, including setup fees, less any additional over-usage
and free domain registration costs (see section I.C below).
Terminated accounts are not eligible for this guarantee if the
termination occurred due to a violation of this TOS.
This guarantee can be requested at anytime within the 30 days of
the commencement of service if subscriber is not satisfied with
Websites Extreme ’s services. If the 30-day service of the
subscription has been exceeded, subscriber is not eligible for
this guarantee. A request for this guarantee must be submitted
via Websites Extreme ’s “Contact Us” form located at this URL:
missing link
If requesting a refund, we ask that subscriber briefly explain
the reasons for doing so, as well as any suggestions on how
Websites Extreme could improve service.
B. Any-Time Money Back
Guarantee
Websites Extreme proudly offers its subscribers an
"Any-Time Money Back Guarantee." This guarantee allows
subscriber to use Websites Extreme ’s services with full
confidence and zero-risk. Consequently, subscriber may request a
full refund of the current month's fees (not the current billing
cycle) and to-date pre-paid fees for future months, less any
additional over-usage, setup fees and free domain registration
costs (see section I.C below). Terminated accounts are not
eligible for this guarantee if the termination occurred due to a
violation of this TOS.
This “Any-Time Money Back Guarantee” can be requested at anytime
that you are not satisfied with Websites Extreme services.
A request for this guarantee must be submitted via Websites
Extreme ’s “Contact Us” form located at this URL:
missing link
If requesting a refund, we ask that subscriber briefly explains
the reasons for doing so, as well as any suggestions on how
Websites Extreme could improve service.
C. Refunds for Domain
Registrations
Websites Extreme utilizes an industry standard third party
Registrar for domain name registration services. Once an order
is placed for a new domain name through Websites Extreme , we
register the domain for the customer through the Registrar.
Domains registered in this manner are not eligible for a refund
and the cost for such domains will be subtracted from any
service refund from Websites Extreme .
New domains may be cancelled and receive a full refund only
within the first 24 hours after placing an order. This grace
period only applies to new domain name registrations and is not
applicable for domain renewals.
If you cancel your Websites Extreme service, you will
retain ownership of your domain name for as long as you continue
to renew the domain. You may renew the domain through Websites
Extreme or through the Registrar.
II. 99.9% Uptime Guarantee
Websites Extreme guarantees that your website will be up
and running at least 99.9% of the time during any 12-month
period. This guarantee includes network uptime, server uptime,
web server and service uptime. It does not cover any areas where
Websites Extreme has no direct influence, such as backbone
provider failures, fiber-optic main line cuts, DNS or Registrar
issues with subscriber’s domain name, routing issues between
subscriber location and Websites Extreme data center. The
uptime guarantee is also not applicable if the service
interruption was caused by external issues such as Acts of God,
Wars or any other natural or unnatural events that Websites
Extreme cannot directly influence.
To request a service credit due to an uptime concern, please
submit a request for this guarantee via Websites Extreme ’s
“Contact Us” form located at this URL:
missing link
If requesting a “service credit” we ask that subscriber briefly
explains the reasons for doing so.
III. Prohibition of Adult
Content
Subscribers of Websites Extreme ’s services are prohibited from
storing or posting adult content, or links to adult content,
through the subscribed service. All material of pornographic
nature is considered adult content. Online image galleries whose
primary purpose is the public display of fine art or artistic
mediums are not considered to be adult content.
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IV. "Fair-Use" Resource
Assignment
Websites Extreme offers high-limit or unlimited amounts of
disk space and/or other resources, such as bandwidth transfer,
email or FTP accounts. The intention of Websites Extreme
is to provide ample resources for customer convenience, so that
customers needn't to worry about exceeding limits.
It is acknowledged by users of Websites Extreme services
that these resource allotments are optimized and dedicated
towards serving web documents and self-need email / FTP services
and is not to be used as offsite storage area for electronic
files, or as a provisioning service for third party email or FTP
hosts. All downloadable files or files stored on the server must
be available for download via a HTML document stored on the
Internet in a publicly or privately accessible area, and must be
directly related to the general nature of the website index.
Illegal content such as pirated software, music or other media
are strictly prohibited and are not allowed on Websites Extreme
servers.
It is also acknowledged by users of Websites Extreme
services that these resources are limited by physical restraints
of technology as well as by reasonable limits of a shared
resource environment. Users must realize that server technology
limits the amount of available resources for use, including but
not limited to disk drive space, CPU processing power, memory
and access speed. Websites Extreme takes measures to
utilize the latest and most economically feasible mass server
market technology available to provide services. It is
furthermore acknowledged by users of Websites Extreme
services that all provided services are of a shared-server
nature, and other users are sharing the provided space. Customer
accounts are placed on a server with up to hundreds of other
users. Websites Extreme , along with many other hosting
providers use this business model in order to offer web hosting
services en masse at inexpensive and affordable rates.
It is acknowledged that any single account is entitled to
utilize the server resources, within reason, up to what is
allotted or by what is physically available. If resources become
scarce, Websites Extreme reserves the right to limit users
of the affected machine to a lower limit to preserve the
effectiveness of the service for all users. If a particular user
is in extreme excess of what the average users of the machine
have in use (actually used) of their resource allotments, that
customer may be asked to remove content, cut resource usage, or
relocate to a dedicated service provider. This policy only
applies to web sites that are considered to be abusive in
service, disk space or resource consumption and where it is
evident that the "fair-use" of resources among customers has
been breached, particularly in regards to disk space, bandwidth
or CPU processing power utilization. Additionally, web sites
that are found to contain either/or no html documents, a large
number of unlinked files are subject to warning, suspension or
cancellation at the sole discretion of Websites Extreme .
If a "Fair-Use" breach occurs, which's determination is solely
up to Websites Extreme , subscriber may have to remove files
from or reduce access to subscriber's account to an extent as
determined by Websites Extreme , in order to restore full
serviceability to other subscribers affected by the breach. In
any case, the subscriber will be notified of any actions that
Websites Extreme may have to take.
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V. SPAM
and Unsolicited Commercial Email (UCE)
Websites Extreme takes a zero tolerance approach to the
sending of Unsolicited Commercial Email (UCE) or SPAM through
our network and services. Customers of Websites Extreme
may not use, or permit others to use, our network to partake in
UCE distribution. Customers of Websites Extreme may not
host or permit hosting of sites or information that is
advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy,
Websites Extreme will initiate an immediate investigation.
During the investigation, Websites Extreme may restrict
customer access to the network to prevent further violations.
Subscriber will thereafter be advised of the situation. If a
subscriber is found to be in violation of this TOS, Websites
Extreme may, at its sole discretion, unilaterally
restrict, suspend or terminate the violating customer's account.
Further, Websites Extreme reserves the right to pursue
civil remedies for any costs associated with the investigation
of a substantiated policy violation. Websites Extreme will
notify law enforcement officials if the violation is believed to
be a criminal offense.
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VI. Prohibited
Scripts and Applications
Websites Extreme strictly prohibits the use of certain
scripts such as IRC, Proxy, SSH, Telnet, or any other script
which may overwhelm server resources due to the inherent nature
of the script itself or by defect in the coding of the script.
If a user script is found to be in violation of this clause, or
is found to be overwhelming system resources, the user may be
requested to remove the script, or in cases of system resource
abuse, it may be removed without prior warning and/or the user
account may be suspended for further review.
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VII. Payment
Establishment of this service is dependent upon receipt of
payment of stated charges by Websites Extreme . Subsequent
payments are due on the anniversary date of the month for that
month's service or whichever is the selected billing cycle.
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VIII. Failure to Pay
Websites Extreme may temporarily deny or terminate service
upon the failure of the subscriber to pay the charges when due.
Such termination or denial will not relieve the subscriber of
responsibility for the payment of all accrued charges and any
collection fees.
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IX. Account Cancellation
A subscriber may cancel his account at any time online via his
account control panel’s “Billing Options.” If requesting a
cancellation, we ask that subscriber briefly explain the reasons
for doing so, as well as any suggestions on how Websites Extreme
could improve service. The cancellation will take effect
immediately and the subscriber’s account will remain active
until the end of the subscription.
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X. Subscriber
Acknowledgement
Subscriber acknowledges that the service provided is of such a
nature that the service can be interrupted for many reasons
other than the negligence of Websites Extreme and that
damages resulting from any interruption of service are
impossible to ascertain. Therefore, subscriber agrees that
Websites Extreme shall not be liable for any damages
arising from such causes beyond the direct and exclusive control
of Websites Extreme . Subscriber further acknowledges that the
Websites Extreme ’s liability for its own negligence may not in
any event exceed an amount equivalent to charges payable by
subscriber for services during the period damages occurred. In
no event shall Websites Extreme be liable for any special
or consequential damages, loss or injury.
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XI. Change of Nameservers
In cases of new hosting accounts or additions / modifications to
hosted domain names or any other cases which involve the change
of nameservers of a domain from other DNS servers to Websites
Extreme 's DNS servers, there may occasionally be a delay of
several days, weeks or longer depending on the accessibility of
control options at the respective registrar of the domain name
registration. It is possible that if the registrar (or the
entity having control over the domain registration) is not
cooperative, the domain nameservers can not be changed at all.
Due to the unpredictable nature of the nameserver change
process, no guarantees are made regarding the amount of time a
specific change may take. On customer request, nameserver change
of domain names is done by Websites Extreme on behalf of
the account holder. In such cases, a successful change of
nameservers cannot be guaranteed in any way or fashion as it
solely depends on the accessibility or cooperation by the domain
name registration’s registrar.
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XII. Support Boundaries
Use of Websites Extreme services requires a certain level
of knowledge in the use of Internet languages, protocols, and
software. This level of knowledge varies depending on the
anticipated use and desired content of subscriber's website.
The subscriber is responsible for programming and for uploading
the website to our servers. Websites Extreme does not
provide website development, consulting, programming or
debugging services.
The subscriber agrees that he or she has the necessary knowledge
to create and maintain their website and agrees that it is not
the responsibility of Websites Extreme to provide this
knowledge or service.
Websites Extreme provides technical support for services
only to its subscribers. We limit our technical support to our
area of expertise. The following is our guideline when providing
support:
Websites Extreme provides support related to your service
plan’s features’ physical functioning. Websites Extreme
does not provide technical support for the subscriber’s
customers.
The only way to request technical support is to utilize the
technical support helpdesk options located within the Websites
Extreme control panel, or by calling our 24/7 Toll-Free
Phone Support, or by using our 24/7 LiveChat feature.
If you are able to get online and have other questions, the
answers may be on our documentation manual at
missing link
We encourage you to check there first. Lastly, the "Quick Help"
option in the control panel you are using may have the answer to
your question. Please investigate these resources before
contacting tech support.
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XIII. Network
A. IP Address Ownership
If Websites Extreme assigns a subscriber an IP address for
use with the subscription, the right to use that IP address
shall belong only to Websites Extreme and the subscriber
shall have no right to use that IP address except as permitted
by Websites Extreme . Websites Extreme shall maintain and
control ownership of all IP numbers and addresses that may be
assigned to subscribers by Websites Extreme . Websites Extreme
reserves the right to change or remove all such IP numbers and
addresses in its sole and absolute discretion, at any time.
B. Data Transfer and Disk
Usage
Subscriber agrees that bandwidth and disk usage shall not exceed
the maximum number of megabytes per month for the service plan
subscribed by the customer (“Agreed Usage”). Websites Extreme
will monitor subscriber’s bandwidth and disk usage. Websites
Extreme shall have the right to take corrective action if
subscriber’s bandwidth or disk usage exceeds the Agreed Usage.
Such corrective action may include the assessment of additional
charges, disconnection or discontinuance of any and all
services, or termination of this Agreement, which actions may be
taken is in Websites Extreme 's sole and absolute discretion, at
any time deemed necessary by Websites Extreme . If Websites
Extreme takes any corrective action under this section,
subscriber shall be entitled to a pro-rated refund of any fees
paid in advance prior to such action. In any cause, subscriber
will be warned of approaching or exceeded resource limits via
email by Websites Extreme ’s automated notification system.
C. System and Network
Security
Subscribers or any network users are prohibited from violating
or attempting to violate the security of Websites Extreme ’s
network or any and all components there in. Violations of system
or network security may result in civil or criminal liability.
Websites Extreme will investigate occurrences which may
involve such violations and may involve and cooperate with law
enforcement authorities in prosecuting subscribers who are
involved in such violations. These violations include, but are
not limited to:
1. Accessing data not intended for such subscriber or logging
into a server or account, which such subscriber is not
authorized to access.
2. Attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures without proper authorization.
3. Attempting to interfere with service to any subscriber, host
or network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or "crashing."
4. Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which
subscriber is not entitled.
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XIV. Notification of
Violation
Subscribers or any network users are prohibited from violating
or attempting to violate the security of Websites Extreme ’s
network or any and all components there in. Violations of system
or network security may result in civil or criminal liability.
Websites Extreme will investigate occurrences which may
involve such violations and may involve and cooperate with law
enforcement authorities in prosecuting subscribers who are
involved in such violations. These violations include, but are
not limited to:
1. First violation: Any Subscriber, which Websites Extreme
determines to have violated any element of this TOS shall
receive an email warning them of the violation. Subscriber’s
service is subject to a temporary suspension at Websites Extreme
's discretion pending a subscriber's agreement in writing to
refrain from any further violations.
2. Second violation: Subscribers, whom Websites Extreme
determines to have committed a second violation of any element
of this TOS shall be subject to immediate suspension or
termination of service without further notice.
NOTE: Websites Extreme reserves the right to drop the
section of IP space involved in SPAM or Denial-of-Service
complaints if it is clear that the offending activity is causing
great harm to parties on the Internet. In particular, if open
relays are on your network or a customer's network or if denial
of service attacks are originating from your network. In certain
rare cases, we may have to do this before attempting to
contacting the subscriber. Websites Extreme will contact
the subscriber as soon as it is feasible.
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XV. Suspension
of Service or Cancellation
Websites Extreme reserves the right to suspend network
access to any subscriber if in the judgment of Websites Extreme
, the subscriber‘s account is the source or target of a
violation of any of the terms of the TOS, or for any other
reason which Websites Extreme deems necessary.
If inappropriate activity is detected, all accounts of the
subscriber in question will be deactivated until our
investigation is complete. Prior notification to the subscriber
is not assured. In extreme cases, law enforcement will be
contacted regarding the activity. The subscriber may not be
credited for the time the subscriber’s machines were suspended
if the subscriber is found to be at fault.
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XVI. Miscellaneous Provisions
Subscriber must provide Websites Extreme real and current
contact information at all times. E-mail address, telephone and
fax contacts are used, and in that order of preference.
1. Websites Extreme takes no responsibility for any
material placed on its network by others. Websites Extreme
is not responsible for the content of any other websites linked
to. Links to other sites are provided as Internet navigation
tools only. Websites Extreme disclaims any responsibility
for any inappropriate use and any liability to any person or
party for any other person or party's violation of this policy.
2. Websites Extreme ’s subscribers are not permitted to run IRC
servers
3. Furthermore, Websites Extreme reserves the right to,
but is not obligated to, review the content posted via the
service and to refuse or remove any such materials in its sole
discretion, without notice at any time.
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XVII. Disclosure to Law
Enforcement
The TOS specifically prohibits the use of our service for
illegal activities. Therefore, subscriber agrees that Websites
Extreme may disclose any and all subscriber information
including assigned IP numbers, account history, account use,
etc. to any law enforcement agency that requests such
information, provided they posses the proper court-approved
warrant, without consent or notification to the subscriber.
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XVIII. Indemnification
Each party (the “Indemnifying Party”) hereby indemnifies the
other party (the “Indemnified Party”), its officers, directors,
employees and agents, and agrees to defend and hold them
harmless from and against any and all liability, damage, loss or
expense (including reasonable attorneys fees) arising from any
claim, demand, action or proceeding based upon the alleged
breach or untruthfulness of any of the Indemnifying Party’s
representations or warranties, or incurred in the settlement or
avoidance of any such claim, provided, however, that the
Indemnified Party shall give prompt notice to the Indemnifying
Party of the assertion of any such claims and provided further
that Indemnifying Party shall have the right to select counsel
and control the defense thereof, subject to right of the
Indemnified Party to participate therein.
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XIX. Severability
If any provision of this TOS shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall
continue to be valid and enforceable. If a court finds that any
provision of this TOS is invalid or unenforceable, but that by
limiting such provision it would become valid and enforceable,
then such provision shall be deemed to be written, construed,
and enforced as so limited.
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XX. Applicable Law
This TOS is subject to the governing laws of the State of
Kentucky. Courts of competent jurisdiction in Hopkinsville,
Kentucky shall hear and decide any disputes.
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XXI. Data Integrity
The subscriber is responsible for keeping a complete and current
copy of their website files as a backup on a remote system (not
solely on Websites Extreme servers).
Websites Extreme is NOT RESPONSIBLE for any lost files,
information or data.
Websites Extreme makes regular internal backups of
internal system configurations and databases. These backups are
NOT intended for keeping backups of subscriber websites.
Although Websites Extreme backups may include subscriber
sites and information for disaster recovery purposes, these
backups are not to be relied on by the subscriber. Websites
Extreme does not guarantee to possess the most current
copy of a subscriber's website in its own backups.
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XXII. Web Design Services
A. Ordering and Planning
Process
Immediately after the completion of the ordering process 100%
payment is required before the commencement of the project. The
customer is responsible for providing the text, logos and
requirements for the basic look and feel of the website. The
customer's quick responsiveness is mandatory at all stages of
the project, but particularly during the planning process.
Failure to provide all required information within the specified
timeframes will result in a delay or cancellation of the
project. If and how much of a refund will be issued depends on
the amount of work already completed and is at the sole
discretion of Websites Extreme as defined further below.
B. Revision Process
Each package comes with a certain number of total revisions. As
soon as Websites Extreme provides a design and project
update the customer must respond within three business days with
all necessary feedback and corrections. If the customer does not
respond within the specified timeframe it will be assumed that
the suggested design and changes were accepted and approved so
the work may progress further towards finalization.
C. Approval Process
During the project development process Websites Extreme
provides regular design and project updates. While Websites
Extreme performs its own testing of the entire website and
functionality, the final responsibility lies with the customer
to ensure that the modules and the complete project has been
tested for any deficiencies or errors and to confirm that the
site is operating as originally intended. It is expected that
the customer responds with any feedback and corrections within
the timelines specified with every update, to ensure that the
project can be completed on time. If the customer does not
respond within seven business days (unless pre-agreed) upon
delivery of the website's final version, it will be assumed that
the work is accepted and the completion of the project approved.
Any further changes must be requested in the form of maintenance
for the existing website.
D. Refund Policy
For all projects a consolidated brief must be submitted that
contains all requested information before starting the project.
If the customer fails to submit the required information within
30 days of making the payment Websites Extreme may decide
to consider the project inactive and not proceed with its
implementation.
If an order is cancelled within 14 days of making the payment
and before any work has been done, we will refund 75% of the
payment. If the work has already begun the maximum refund will
be 50% of the payment. There will be no refund if more than 50%
of the work has been completed. Under special circumstances
Websites Extreme reserves the right to negotiate and
refund an appropriate portion of the amount paid by the
customer.
Websites Extreme is not liable for any damages that arise
from misinformation or misrepresentation under any
circumstances.
E. Ownership and Copyright
Upon final payment and approval of the completed website design
project, our client becomes the owner of the website. He is free
to take his site to another developer or host with another
company. Please note that all the content on the customer's
website is the sole responsibility of its respective owner.
Websites Extreme is not responsible or liable for any
copyright or trademark claims regarding third party logos,
trademarks or names used on the website. They are the property
and responsibility of the respective owners.
