WebtrackNetworkers Terms of Service
Service Level Agreement
The following agreement is between WebtrackNetworkers Company ("WEBTRACKNETWORKERS") of Oceanside , CA and Webhosting Customer ("client").
Whereas, WebtrackNetworkers is an webhosting service provider connected to the Internet. WebtrackNetworkers offers storage and transfer services over the Internet through access to its Web Server, Application Servers, Network Services, Database Servers and various other attached services;
Whereas, Client seeks to utilize WebtrackNetworkers's Servers, Networks and Attached Services for its own purposes;
Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, WebtrackNetworkers can make no guarantee that any given reader shall be able to access WebtrackNetworkers's Server's, Networks and Attached Services at all given times. WebtrackNetworkers represents that it shall make every good faith effort to ensure that its server's, Networks and Attached Services are available as widely as possible and with as little service interruption as possible. WebtrackNetworkers further represents that it shall maintain it's servers, networks and attached services in a manner that shall allow for a minimum of 99.8% uptime as measured by the actual performance of the server's, networks and attached services. This statement shall constitute a guarantee made to the customer. This guarantee shall be held to be true and shall exclude events that WebtrackNetworkers is not in control of directly and / or events occurring for maintenance of the servers and service, upgrades to the servers and service or any such activity involving the servers or service when WebtrackNetworkers has provided warning and or notification of the maintenance, upgrade or other activity being performed.
WebtrackNetworkers Networks conducts scheduled maintenance on Saturday and Wednesday Mornings using time local to the datacenter in which maintenance occurs. Notice is hereby given to the customer of such scheduled maintenance periods.
WebtrackNetworkers further warrants that support for the following services specifically will be provided within a (4) four hour time period starting with receipt of such request if request follows procedures directed by WebtrackNetworkers. These services include setup and maintenance of email accounts as specifically included in customer's plan, setup and maintenance of forwards, aliases and auto-responders as they are included in customers plan and setup of Domain Name System Records for Web Sites hosted by WebtrackNetworkers - Domain Name System setup shall include the modification and addition of Domain Records and shall not include the transfer of or modification to the actual domain registration. This service guarantee is limited to events that WebtrackNetworkers direct controls. Receipt in this agreement refers to the actual receiving of such request by a WebtrackNetworkers Staff Member, Employee, Contractor or Affiliate.
Now Therefore, in consideration of the mutual promises contained herein, the parties agree as follows;
I. Financial Arrangements:
1. Client agrees to a minimum one (1) month contract, beginning upon WebtrackNetworkers's receipt of a request for website setup.
2. First months' payment plus setup charges, if any, shall be due within 15 days of website setup confirmation from WebtrackNetworkers, such confirmation shall be in the form of Electronic Mail using the address information provided by the client during the setup process.
3. This agreement will automatically renew for successive one (1) month periods unless canceled by the Client via automated PayPal cancellation available on the WEBTRACKNETWORKERS website. Written notice for cancellation may be by postal or electronic mail. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions.
4. Accounts that have unpaid invoices more than 15 days past the renewal date will be suspended without notice until the account is brought current. WEBTRACKNETWORKERS reserves the right to terminate the account and delete the files. WEBTRACKNETWORKERS reserves the right to apply a $60.00 reconnection fee to all suspended accounts. Suspension does NOT release client of the responsibility for payment of the account and monies due.
WebtrackNetworkers will facilitate payment of taxes or other fees to be paid in accordance with or related to purchases made from Client or WebtrackNetworkers' Servers, Networks and Attached Services when such an agreement with Client has been made. WebtrackNetworkers may attach a handling fee for facilitating such payments. Otherwise, Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold via WebtrackNetworkers' Servers, Networks and Attached Services.
III. Material and Products:
WebtrackNetworkers will exercise no control whatsoever over the content of the information passing through our server's, networks and attached services except for what is noted in section X of this agreement. WebtrackNetworkers will not virtually host any material that is judged as pornographic, obscene or offensive in content. Please contact WebtrackNetworkers if this could refer to the nature of your content. WebtrackNetworkers makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. WebtrackNetworkers also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of WebtrackNetworkers is at the Client's own risk, and WebtrackNetworkers specifically denies any responsibility for the accuracy or quality of information obtained through its server's, networks and attached Services. Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth. WebtrackNetworkers expressly limits its damages to the Client for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability that are specifically linked to events which are under the direct control of WebtrackNetworkers. WebtrackNetworkers specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
IV. Trademarks & Copyrights:
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
The Customer certifies that he or she is at least 18 years of age
VI. Internet Etiquette:
Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The server, network and other attached service resources of WebtrackNetworkers may not be used to impersonate another person or misrepresent authorization to act on behalf of others or WebtrackNetworkers. All messages transmitted via WebtrackNetworkers, or our Networks and Attached Systems should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. Any WebtrackNetworkers user violating this security policy will be terminated immediately without service refund and does consent to the payment of a $2500.00 security incident fee. WebtrackNetworkers may also seek additional legal action, both criminal and civil if a WebtrackNetworkers user violates this policy.
WebtrackNetworkers does not permit the transmission of unsolicited e-mail. Complaints or allegations regarding the abuse of e-mail will be investigated. If it is found that the client has engaged in the intentional transmission of unsolicited e-mail, a warning to cease and desist will be issued. Subsequent violations will result in suspension and/or termination of the account.
All software and files uploaded must follow the standard internet guidelines for fitness of use. Such software items that result in denial of service are not fit for use. An example of a denial of service software would be eggdrop and is not acceptable. WebtrackNetworkers reserves the right to delete those files.
WebtrackNetworkers will make every effort to protect the privacy of our clients. WebtrackNetworkers will not reveal personal information regarding its clients. WebtrackNetworkers cannot however protect privacy through the Internic registration database as this information is open to the public.
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Written notice may be by postal or electronic mail. WebtrackNetworkers reserves the right to verify all cancellations before terminating service. Notwithstanding the above, WebtrackNetworkers may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. WebtrackNetworkers does not provide service refunds under any circumstance and termination of this Agreement does NOT release client of the responsibility for payment of the account and monies due.
IX. Limited Liability:
1. Client expressly agrees that use of WebtrackNetworkers's Servers, Networks and Attached Services is at Client's sole risk. Neither WebtrackNetworkers, nor its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that WebtrackNetworkers's Server's , Networks and Attached Services will not be interrupted or error free due to items under WebtrackNetworkers's Direct Control; nor do they make any warranty as to the results that may be obtained from the use of the Server, Networks and Attached Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through WebtrackNetworkers Server's, Networks and Attached Services, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall WebtrackNetworkers, its offices, agents or any one else involved in creating, producing or distributing WebtrackNetworkers's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the WebtrackNetworkers Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to WebtrackNetworkers's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on, using or within WebtrackNetworkers's Server's, Networks and Attached Services.
3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
X. Lawful Purpose:
Client may only use WebtrackNetworkers's Server's, Networks and Attached Services for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.
Client agrees that it shall defend, indemnify, save and hold WebtrackNetworkers harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against WebtrackNetworkers, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless WebtrackNetworkers against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with WebtrackNetworkers's Server's, Networks and Attached Services; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on WebtrackNetworkers Server's, Networks and Attached Services.
XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of WebtrackNetworkers Interactive Communications, Inc. services as specified in Section I. Financial Arrangements.
XIII. Value Added Reselling:
Clients approved and authorized as WebtrackNetworkers resellers are allowed to resell the storage and transfer services provided by WebtrackNetworkers as provided for in its standard product offering. Client agrees to handle and is responsible for all third-party client's content, support, set-up, maintenance and billing. Client agrees to having the necessary additional knowledge and skill level required. Client also agrees that they are responsible for all payments for accounts brought on by client under the reseller program.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.
This Agreement shall be governed and construed in accordance with the laws of the State of California , The United States of America , and of the Internet.