Service Level Agreement
Private Reseller Hosting (referred hereinafter as 'Private Reseller Hosting', 'PR', 'our', 'we' and 'us') is a web hosting
subsidiary of Webx Networks. This Service Level Agreement applies to all persons and entities
(collectively, "customers" and referred hereinafter as 'customers', 'customer', 'your' and 'you')
using the products and services offered by us. The policy is designed to protect the security,
integrity, reliability, and privacy of both the Private Reseller Hosting and the products and services PR
offers to its customers.
User Conduct
Our products and services may only be used for lawful purposes. Any use of these services,
which violates any local, state, provincial, regional, federal, or international laws which may
apply to PR, your local jurisdiction, or any jurisdiction that you or your site may be
subject to is strictly prohibited.
Use of our products and services that is not allowed includes, but is not limited to,
the following:
- Posting, transmission, retransmission, or storing material of any unlawful, obscene,
indecent, profane, libelous, offensive, pornographic, threatening, abusive, defamatory, or
otherwise objectionable information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offence, give rise to civil
liability, or otherwise violate any law. Each customer shall be responsible for determining
what laws or regulations are applicable to his or her use of the products and services.
- Installation or distribution of a software product that is not appropriately licensed
for use by you.
- Introduction of malicious programs including viruses, worms and Trojan horses into the
PR network or servers or other products and services of PR.
- Intercepting data not intended for you by any method.
- Actions that restrict or inhibit anyone in his or her use or enjoyment of PR
products and services and the Internet, or that generate excessive network traffic through
the use of automated or manual routines. Any network traffic can be declared excessive at the
sole discretion of PR.
- Causing or attempting to cause security breaches or disruptions of Internet communications.
Examples of security breaches include but are not limited to accessing data of which the customer
is not an intended recipient, or logging into a server or account that you are not expressly
authorized to access. Examples of disruptions include but are not limited to port scans,
flood pings, packet spoofing and forged routing information.
- Circumventing user authentication or security of any host, network or account.
- Interfering with or denying service to any user other than the customer's host
(e.g., denial of service attack).
- Using any program/script/command, or sending messages of any kind, designed to interfere
with, or to disable a user's terminal session.
- Furnishing false or incorrect data on the order form contract (electronic or paper)
including fraudulent use of credit card numbers or attempting to circumvent or alter the
processes or procedures to measure time, bandwidth utilization or other methods to document
"use" of our products or services.
- Sending unsolicited mail messages, including the sending of "junk mail" or other
advertising material to individuals who did not specifically request such material.
- Harassment, whether through language, frequency, or size of messages.
- Unauthorized use or forging of mail header information.
- Solicitations of mail or any other e-mail address other than that of the poster's
account or service, with the intent to harass or collect replies.
- Creating or forwarding "chain letters" or other "pyramid schemes" of any type.
- Exporting, re-exporting, or permitting downloads of any content in violation of the
export or import laws or without all required approvals, licenses and exemptions.
No failure or delay in exercising or enforcing this policy shall constitute a waiver
of the policy or of any other right or remedy. If any provision of this agreement is determined
to be invalid or unenforceable, all other provisions shall remain in full force and effect and
said provision shall be reformed only to the extent necessary to make it enforceable.
Limitation of Liability
You hereby agree that PR makes no warranties, express or implied and you
hereby waive any claim based upon any breach thereof. You further agrees that PR
shall not be liable for any consequential, indirect or punitive damages arising out of any
breach, delay or default in performance of this Agreement, and in any event, the amount of
damages due from PR to you shall never exceed, and shall be limited to, a credit
allowance of all payments made to date of claim, but not to exceed one (1) months' service
fee at current rates. Our liability arising out of mistakes, accidents, omissions,
interruptions, delays, or defect in transmission, including those which may be caused by
regulatory or judicial authorities, shall in no event exceed the amount of the credit
allowance, if any, available under this Section. Without limiting the foregoing, PR
shall have no obligation to provide alternative routing with respect to any Service provided
pursuant to this Agreement.
In no event shall PR be liable to you or any other person, firm or entity in any
respect, including, without limitation, for any damages, either direct, indirect, consequential,
special, incidental, actual, punitive, or for any other damages, or for any lost profits of
any kind or nature whatsoever, arising out of mistakes, negligence, accidents, errors,
omissions, interruptions or defect in transmission, or delays, including, but not limited to,
those which may be caused by regulatory or judicial authorities arising out of or relating to
this agreement or the obligations of PR pursuant to this agreement.
You understand that by placing information on our servers that such information becomes
available to all Internet users and that PR has no way of limiting or restricting access
to such information or protecting such information from copyright infringement. You assume
total responsibility and risk for your use of our servers and the Internet. It is solely your
responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice,
services and other information, and the quality and merchantability of all merchandise
provided through PR or on the Internet generally. PR makes no warranty,
whether express, implied or statutory, as to the description, quality, merchantability,
completeness or fitness for any purpose for the service or product, or as to any other matter,
all of which warranties by PR are hereby excluded and disclaimed.
Your use of the service is at your sole risk. PR is not responsible for files
and data residing on your account. You agree to take full responsibility for files and
data transferred and to maintain all appropriate backup of files and data stored on
PR servers.
Indemnification
You agree to indemnify, defend, and hold harmless PR from any and all liability,
penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims
caused by or resulting indirectly from your use of the service which damages either you,
PR, or any other party or parties without limitation or exception.
This indemnification and hold harmless agreement extends to all issues associated with
your account, including but not limited to domain name selection and Web site content.
Refusal of Service
If PR discovers that your web site or scripts are using an unacceptable amount
of servers resources including but not limited to cpu and memory usage PR may suspend or
terminate your account without notice.
PR reserves the right to refuse or discontinue service to anyone at our sole
discretion. PR may deny you access to all or part of the service without notice
if you engage in any conduct or activities that PR in its sole discretion believes
violates any of the terms and conditions in this agreement. PR shall have no
responsibility to notify any third-party providers of services, merchandise, or information,
nor any responsibility for any consequences resulting from such discontinuance or lack of
notification. You agree that PR has the right to monitor the service electronically
and to disclose any information as necessary to satisfy the law, or to protect itself or
its subscribers. PR reserves the right to refuse to post or to remove any
information or materials, in whole or in part, that, in its sole discretion, are unacceptable,
undesirable, or in violation of this agreement.
Identity Information
You agree that you as the person are legally responsible for all use of this account,
are at least 18 years of age. If you are under 18 years of age, you need to have parental
consent in order to sign up, and the account must be ordered by a parent or guardian, in his
or her own name. You agree to supply PR with a current and truthful name, postal
address and telephone number for our records, and you have a continued obligation to keep
this information current. You also agree that you are an authorized user of any credit card
that you supply to us or to our credit card processor, and you understand and agree that we
have an obligation to fully investigate any possible fraudulent credit card use.
Billing and Payment
You agree to supply appropriate payment for the services received from us, in advance of the
time period during which such services are provided. You agree that all setup fees are
non-refundable once setup is completed. You agree that until and unless you notify us
of your desire to cancel any or all services received, those services will be billed
on a recurring basis. You agree that if you are paying by credit card, prepayments will
be billed and charged automatically, and that PR may apply the amount due to the
provided card at any time. PR agrees that pro-rated refunds for unused time periods
will be provided upon request, in the event of account termination.
Acknowledgement
PR reserves the right to modify this agreement at any time, effective immediately
upon posting of the modification. Under the terms of this agreement, your use or continued
use of our products and services is an acknowledgement that you have read, understand, and
agree to be bound by terms and conditions in effect at the time of your use.
