|
| |
Terms of Service (for
printable text version click here)
1.
General Information
As a provider of web site hosting and other Internet-related services, Webpage
Handyman offers its clients the means to acquire and disseminate a wealth of
public, private, commercial, and non-commercial information. Webpage Handyman
respects that the Internet provides a forum for free and open discussion and
dissemination of information, however, when there are competing interests at
issue, Webpage Handyman reserves the right to take certain preventative or
corrective actions as they comply with all regulated legalities. In order to
protect these competing interests, Webpage Handyman has developed this Terms of
Service ("TOS"), which supplements and explains certain terms of each client's
respective service agreement and is intended as a guide to the client's rights
and obligations when utilizing Webpage Handyman's services. This TOS will be
revised from time to time. A client's use of Webpage Handyman's services after
changes to the TOS are posted on Webpage Handyman's web site, http://www.webpagehandyman.com/,
will constitute the client's acceptance of any new or additional terms of the
TOS that result from those changes. One important aspect of the Internet is that
no one party owns or controls it. This fact accounts for much of the Internet's
openness and value, but it also places a high premium on the judgment and
responsibility of those who use the Internet, both in the information they
acquire and in the information they disseminate to others. When subscribers
obtain information through the Internet, they must keep in mind that Webpage
Handyman cannot monitor, verify, warrant, or vouch for the accuracy and quality
of the information that users may acquire. For this reason, the user must
exercise his or her best judgment in relying on information obtained from the
Internet, and also should be aware that some material posted to the Internet is
sexually explicit or otherwise offensive. Because Webpage Handyman cannot
monitor or censor the Internet, and will not attempt to do so, Webpage Handyman
cannot accept any responsibility for injury to its users, clients or subscribers
that results from inaccurate, unsuitable, offensive, or illegal Internet
communications. When users or clients disseminate information through the
Internet, they also must keep in mind that Webpage Handyman does not review,
edit, censor, or take responsibility for any information its users, clients or
subscribers may create. When users place information on the Internet, they have
the same liability as other authors for copyright infringement, defamation, and
other harmful speech. Also, because the information they create is carried over
Webpage Handyman's network and may reach a large number of people, including but
not limited to clients, subscribers and non-subscribers of Webpage Handyman,
clients' and subscribers' postings to the Internet may affect other clients and
subscribers and may harm Webpage Handyman's goodwill, business reputation, and
operations. For these reasons, clients and subscribers violate Webpage Handyman
policy and the service agreement when they, their clients, affiliates, or
subsidiaries engage in activities described herein.
It's the client's responsibility to choose the right package; there is no trial
time for any of the packages. When payment has been made and cleared, your
account will be promptly created. Please review aspect of your decision and
decide the appropriate package for yourself.
2.
Purpose
The purpose of this TOS is to enhance the quality of the Services and to protect
Webpage Handyman's clients, and the Internet community as a whole, from illegal,
irresponsible, or disruptive Internet activities. This TOS applies to each
Client and its employees, agents, contractors or other users of such Client who
obtain Services from Webpage Handyman (each such person being a "User"). Each
User should use common sense and good judgment in connection with the Services.
Parents or guardians should always supervise minors in using the Internet.
Parents and guardians should remain aware at all times of what is on the
Internet and how the minors under their care are using the Services and the
Internet.
3.
Prohibited Uses. Clients and users may not:
a.Utilize the Services to send unsolicited bulk and/or commercial messages over
the Internet (known as "spamming"). It is not only harmful because of its
negative impact on consumer attitudes toward Webpage Handyman, but also because
it can overload Webpage Handyman's network and disrupt service to its Clients
subscribers. Also, maintaining an open SMTP relay is prohibited. When a
complaint is received, Webpage Handyman has the absolute and sole discretion to
determine from all of the evidence whether the email recipients were from an
"opt-in" email list.
b.Utilize the Services in connection with any illegal activity. Without limiting
the general application of this rule, Clients and Users may not:
i.Utilize the Services to copy material from third parties (including text,
graphics, music, videos or other copyrightable material) without proper
authorization.
ii.Utilize the Services to misappropriate or infringe the patents, copyrights,
trademarks or other intellectual property rights of any third party.
iii.Utilize the Services to traffic in illegal drugs, illegal gambling or other any
products or services that are prohibited under applicable law.
iv.Utilize the Services to export encryption software to points outside the United
States in violation of applicable export control laws.
v.Utilize the Services to Forge or misrepresent message headers, whether in whole
or in part, to mask the originator of the message.
vi.Utilize the Services in any manner that violates applicable law.
c.
Utilize the Services in connection with any tortuous or actionable activity.
Without limiting the general application of this rule, Clients and Users may
not:
i.Utilize the Services to publish or disseminate information that (A) constitutes
slander, libel or defamation, (B) publicizes the personal information or
likeness of a person without that person's consent or (C) otherwise violates the
privacy rights of any person. Utilize the Services to threaten persons with
bodily harm, to make harassing or abusive statements or messages, or to solicit
or offer services that are illegal under applicable law.
ii.Utilize the Services in connection with any other disruptive or abusive
activity.
4.
Without limiting the general application of this rule, Clients and Users may
not:
a. Clients of Webpage Handyman may not provide false information (name, address,
etc), if found that the client has provided false information, Webpage Handyman
will determine the appropriate action to take with the client.
b. Utilize the Services to cause denial of service attacks against Webpage Handyman
or other network hosts or Internet users or to otherwise degrade or impair the
operation of Webpage Handyman's servers and facilities or the servers and
facilities of other network hosts or Internet users.
c. Post messages or software programs that consume excessive CPU time or storage
space.
d. Utilize the Services to offer mail services, mail forwarding capabilities, POP
accounts or auto responders other than for the User's own account.
e. Utilize the Services to resell access to CGI scripts installed on Webpage
Handyman's servers.
f. Utilize the Services to subvert, or assist others in subverting, the security or
integrity of any Webpage Handyman systems, facilities or equipment.
g. Utilize the Services to gain unauthorized access to the computer networks of
Webpage Handyman or any other person.
h. Utilize the Services to provide passwords or access codes to persons not
authorized to receive such materials by the operator of the system requiring the
password or access code.
i. Utilize the Services to (A) forge the signature or other identifying mark or
code of any other person, (B) impersonate or assume the identity or any other
person, or (C) engage in any other activity (including "spoofing") to attempt to
deceive or mislead other persons regarding the true identity of the User
(excluding the use of anonymous re-mailers or Internet nicknames).
j. Utilize the Services to distribute or post any virus, worm, Trojan horse, or
computer code intended to disrupt services, destroy data, destroy or damage
equipment, or disrupt the operation of the Services.
k. Utilize the Services to conduct port scans or other invasive procedures against
any server (except any server for which the User is an authorized system
administrator).
l. Utilize the Services to distribute, advertise or promote software or services
that have the primary purpose of encouraging or facilitating unsolicited
commercial e-mail or Spam.
m. Utilize the Services to solicit or collect, or distribute, advertise or promote,
e-mail address lists for the purpose of encouraging or facilitating unsolicited
commercial e-mail or Spam.
n. Utilize the Services in any manner that might subject Webpage Handyman to
unfavorable regulatory action, subject Webpage Handyman to any liability for any
reason, or adversely affect Webpage Handyman's public image, reputation or
goodwill, including, without limitation, sending or distributing hateful,
vulgar, racially, ethnically or otherwise objectionable materials as determined
by Webpage Handyman in its sole discretion.
o. Utilize the Services in any other manner to interrupt or interfere with the
Internet usage of other persons.
5.
Violations
a. Webpage Handyman expressly disclaims any obligation to monitor its Clients and
other Users with respect to violations of this TOS. Webpage Handyman has no
liability or responsibility for the actions of any of its Clients or other Users
or any content any User may post on any Web site.
b. Reporting Non-Copyright Violations. Webpage Handyman encourages Users to report
violations of this policy by e-mail to: abuse@webpagehandyman.com, including in
any such report the name of the offending domain (for example, xyz.com) and the
type of abuse (for example, Spam, illegal acts, harassment, etc.) in the
"subject" field of the e-mail.
c. Reporting Copyright Violations. Webpage Handyman complies with the Digital
Millennium Copyright Act ("DMCA"). Webpage Handyman encourages Users to report
an alleged copyright infringement involving a user by sending a notice that
complies with the DMCA which information is located under the Legal section of
this website.
d. If Webpage Handyman learns of a violation of this TOS, Webpage Handyman will
respond to the applicable Client and in Webpage Handyman's sole discretion, take
any of the following actions, in accordance with the severity and duration of
the violation:
i. Suspend the offending Client from the Services.
ii. Terminate the offending Client from the Services.
iii. Impose fees or charges on the offending Client account in accordance with the
applicable service contract.
iv. Remove the offending content.
v. Take other action in accordance with this TOS, the applicable service contract
or applicable law.
e. Webpage Handyman will charge a minimum of $200 USD for each fruadulent account
that may be connected to you.
6.
Reservation of Rights
Webpage Handyman reserves the right to cooperate with appropriate legal
authorities in investigations of claims of illegal activity involving Webpage
Handyman's Services, Clients and other Users. Webpage Handyman reserves all
other rights to respond to violations of this TOS to the extent of applicable
law and in accordance with any applicable contractual obligations. Webpage
Handyman may utilize technical means to monitor communications into, and out of,
its network facilities to prevent the introduction of viruses or other hostile
code, to prevent intrusions and otherwise to enforce this TOS and each Client
agrees that Webpage Handyman is authorized to monitor its communications through
Webpage Handyman's network for such purposes.
7.
Adult site supplemental TOS
8.
Force Majeure:
Webpage Handyman will not be liable for failure or delay in performing its
obligations if such a failure or delay is due to circumstances beyond its
reasonable control, including without limitation, acts of any governmental body,
war, sabotage, fire, flood, strike , interruption or delay in transportation or
telecommunications or third party services (including DNS propagation), failure
of a third party software or hardware. This includes inability to obtain
supplies or power used in or equipment needed to provide Webpage Handyman
services.
9.
Revision:
We may revise this Terms of Service without prior notice. Such changes will be
posted on this page. You are responsible for reviewing the online Terms of
Service to stay up to date of any changes.
Revised: April 2006 (version 1.0)
|
