|
The simple version:
- Only legal content may be placed on your website.
-
Software used must be properly licensed.
-
Unsolicited bulk email is strictly prohibited.
-
IRC is strictly prohibited. If you don't know what this
is don't worry about it.
-
Failure to follow the web hosting user agreement is grounds for immediate
de-activation.
-
If suspended for any violations, the 30 day money back
guarantee does not apply and the account will not be reinstated on our
servers.
-
Effective April 1, 2005 - Payments not
received by the 10th day after due date will have a $5.00 late fee added to
the unpaid balance.
-
Effective April 1, 2005 - Hosting accounts will be
suspended for non-payment on the 15th day following the due date.
Suspension means your email stops and your website cannot be accessed. In
addition to the late fee, a $10.00 reactivation fee will apply. Full payment
of unpaid balance, late fee, and reactivation fee are due before hosting is
reinstated.
-
If your account exceeds the bandwidth allowed under
your hosting package, you will pay for additional bandwidth before it is
allotted.
-
Client is responsible for making and retaining current
backup files.
-
Written parental permission is required for any web
hosting service to those under the age of 18.
-
Client is responsible for all costs associated with their
domain name.
-
RWW reserves the right to change, withdraw, suspend, or discontinue any
functionality or feature of the hosting service.
-
RWW is not liable to any third party for Client's breach or alleged breach
of any of the terms and
conditions.
-
Set up fees, domain name costs, and software expenses are not refundable.
Each of Radar Web Works' web hosting plans carries a 30 day money
back guarantee. If you are not completely satisfied with the hosting services
within the first 30 days of signup, you will be given a full refund of the
contract amount excluding setup fees (if any) and overages.This policy does
not apply to any additional services such as shopping carts, 3rd party fees,
overages, additional disk space, additional pop accounts, etc.
All cancellations must be made by email. All other forms of notice will not
constitute acceptance of any cancellation.
Refund Policy for Renewals
Renewals of web hosting contracts will be refunded if Radar Web Works is
notified within the first 5 days following renewal date. No refunds will be
granted for notifications received after this date.
And the fascinating Legal Version:
This Services Agreement (the "Agreement") contains the complete terms
and conditions which govern your subscription of Web hosting services provided
by Radar Web Works (the "Services"). As used in this Agreement,
"radarwebworks.com" or "RWW" means Radar Web Works, and "Client", "you" or
"your" means you.
By clicking on the "Submit Order" or "Buy" button, or by
email request for a hosting account, you acknowledge that you have read the
Agreement, and you agree to its terms and conditions and all policies posted on
the RWW site. As referred to in this Agreement, "Site" refers to a World Wide
Web site and "RWW Site" refers to the Site located at the URL:
http://radarwebworks.com, or any other successor Sites owned or maintained by
RWW.
APPROPRIATE USE OF THE SERVICES.
RWW
provides the Services exclusively and makes no effort to edit, control,
monitor or restrict the content of data other than as necessary to provide
such Services.
-
Client Content. Client agrees that it will not
distribute, electronically transmit or display any materials supplied by
Client - or through Client by a third party - to any RWW server in
connection with Client's use of the Services which:
-
violate any state, federal or foreign laws or regulations;
-
infringe on any intellectual property rights (e.g., copyright, trademark,
patent or other proprietary rights) of RWW or any third party;
-
are defamatory, slanderous or trade libelous;
-
are threatening, obscene, or harassing;
-
are discriminatory based on gender, race, age or promotes hate
-
violate any RWW policy posted on the RWW site
-
contain viruses or other computer programming defects which result in
damage to RWW or any third party.
-
contains any programming that forces the visitor's browser to install
program(s) without their consent.
-
Examples of unacceptable content or links:
• Pirated software •
Hacker programs or archives
• Warez sites
We will be the sole arbiter as to what constitutes a violation of this
provision.
The subscriber agrees to indemnify and hold us harmless from any claims
resulting from the use of the service which damages the subscriber or any
other party.
-
Bandwidth. Client may occupy only the amount
of disk space allowed under the hosting plan you selected under the RWW
hosting and utilize no more than the network bandwidth which is allotted by
RWW. Requests for increased bandwidth or disk space will be provided upon
payment of such services.
-
No "Spam". Unsolicited bulk email is
prohibited. Client shall not use the Services for chain letters, junk mail,
spamming, or any use of distribution lists to any person who has not given
specific permission to be included in such a process. Client also shall not
engage in any unsolicited email practices, or otherwise mention or reference
any domain hosted or parked by RWW or it's affiliates.
We will be the sole
arbiter as to what constitutes a violation of this provision.
The sale or distribution of software that is used to send spam email,
also know as "spamware" is prohibited. Examples of spamware are "Stealth
Mass Mailer", "Stealth Mail Pro" etc.
-
IRC. We currently do not allow IRC or IRC bots to
be operated on our servers.
-
Licensed Software Only. Client agrees to use
only properly licensed third party software in connection with Client's use
of the Services.
-
Back-Up Files. Client will have the ability to
create backups of their site and databases via their Control Panel. While
RWW does provide this service, RWW does not guarantee the backup to be the
most recent due to the possibility that clients have made site changes RWW
was unaware of and the fact that databases are constantly changing.
Therefore, Client is responsible for making back-up files in connection with
its use of the Services.
-
Termination. RWW, in its sole discretion, may immediately terminate
this Agreement if Client engages in any of the foregoing.
-
Refusal of Service:
We reserve the right to refuse, cancel, or
suspend service at our sole discretion. Failure to follow any term or
condition will be grounds for immediate account deactivation without
recourse by the account holder.
- Use By Minors. RWW Systems does not
sell its products and services to minors under the age of 18. RWW sells such
products and services to adults only. Minors under the age of 18 may
purchase such products and services of RWW Systems only with the involvement
of a parent or guardian in the transaction.
-
Server Abuse:
Any attempt to undermine or cause harm to a server,
or customer is strictly prohibited.
Email
-
Domain Names. If Client chooses to
register a domain name(s) through RWW, Client acknowledges and agrees that
Client will pay a registration fee(s) to register the domain name(s) with
the applicable domain name registrar. Radar Web Works does not offer refunds
for domain name registrations for any reason, including, but not limited to,
misspelling of the domain name. All domain names must be registered to
the owner of the website. RWW does not maintain any domain names under
its control other than those belonging to RWW.
-
CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in
no event shall RWW be liable to any third party for Client's breach or
alleged breach of any of the terms and conditions set forth in this
Agreement. Client agrees to defend, indemnify and hold harmless Radar Web
Works from any and all expenses, losses, liabilities, damages or third party
claims resulting from Client's breach or alleged breach of any Client
obligations set forth hereunder.
-
TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be
effective on the date you register for the Services, and shall continue in
effect on a month-to-month basis unless otherwise specified by separate
agreement (the "Term") unless terminated earlier pursuant to the provisions
of this Section 4. Either party will have the right to terminate this
Agreement upon notice to the other party.
Should the client wish to terminate this Agreement, Client must send a
cancellation request to our support department by sending an email. Such
cancellation request must include the Client's name, username, and contact
information. Client is responsible to remove files from the server before
the last business day of the respective day for which cancellation is
requested. All accounts are cancelled as soon as the client submits their
cancellation request. RWW will not be held responsible for any files deleted
on that day.
Cancellations made at the request of the client receive a prorated refund
of any monies remaining in the client's web hosting account.
Terminations due to violation of the policies are not eligible for
reinstatement on our servers.
$5.00 late fee is added to your account on the 10th day following the due
date.
Accounts may be suspended on the 15th day following the due date. In
addition to the $5.00 late fee, a $10.00 reinstatement fee is added and all
unpaid funds are payable prior to reinstatement.
RWW reserves the right to change the termination/cancellation procedure. -
TAXES
Client will pay and indemnify and hold RWW harmless from
any and all taxes associated with or arising from Client's use of the
Services, including any penalties and interest and any costs associated with
the collection or withholding thereof.
-
COMPLAINTS PROCEDURES
The Abuse Team investigates all
complaints about the sites we host. In order for an unsolicited e-mail or
newsgroup abuse complaint to be considered, however, it must have the full
header information for verification purposes.
It is very important to remember that often times unsolicited e-mailings
forge header information and innocent domains are caught in the angry
crossfire that follows. Please remember that just because a domain name we
host may show up in several unsolicited e-mailings they do not necessarily
have anything to do with them.
Allegations of trademark/copyright infringement and intellectual property
disputes are handled under another policy. Domains found to have engaged in
"mailbombing" or other serious or damaging breaches of policy can be
suspended or deleted with no warning. -
DISCLAIMER OF WARRANTY
THE SERVICES,
THE RADAR WEB WORKS SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND
SERVICES DISPLAYED OR OFFERED ON THE RADAR WEB WORKS SITE, AND ALL TEXT,
GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS
AND WITHOUT WARRANTY OF ANY KIND. RWW DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING , WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, RADAR WEB WORKS SPECIFICALLY DISCLAIMS ANY
WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2)
DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL
COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
-
LIMITATION OF LIABILITY
IN NO EVENT SHALL RWW BE LIABLE FOR
DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE RWW SITE OR ANY
Radar Web Works PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT,
PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN
CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT
SHALL RWW's CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE HUNDRED
DOLLARS ($100 US).
-
MISCELLANEOUS
If any of the
provisions, or portions thereof, of this Agreement are found to be invalid
under any applicable statute or rule of law, then, that provision
notwithstanding, this Agreement shall remain in full force and effect and
such provision or portion thereof shall be deemed omitted. This Agreement
(including the Exhibits, attachments and/or addenda, if any,) represents the
entire agreement of the parties with respect of the subject matter hereof
and supersedes all prior and/or contemporaneous agreements or
understandings, written or oral between the parties with respect to the
subject matter hereof. This Agreement and the rights granted and obligations
undertaken hereunder may not be transferred, assigned or delegated in any
manner by Client, but may be so transferred, assigned or delegated by RWW.
Any waiver or any provision of this Agreement, or a delay by any party in
the enforcement of any right hereunder, shall neither be construed as a
continuing waiver nor create an expectation of non-enforcement of that or
any other provision or right. In any legal proceeding between the parties
under this Agreement, the prevailing party shall be entitled to recover its
costs, expenses and reasonable attorneys' fees. This Agreement is made under
and shall be governed by and construed in accordance with the laws of State
of Texas, U.S.A., regardless of its choice of law provisions. The state and
federal courts located in the county of Harris, Texas will have exclusive
jurisdiction. This Agreement and RWW' policies are subject to change by RWW
without notice. Continued usage of the Services after a change to this
Agreement by RWW or after a new policy is implemented and posted on the RWW
Site constitutes your acceptance of such change or policy. We encourage you
to regularly check the RWW Site for any changes or additions.
TOP of PAGE
|
|