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WEB HOSTING SERVICES AGREEMENT YOU MUST BE AT LEAST 18 YEARS OF AGE TO ENTER INTO A HOSTING AGREEMENT WITH NORTHWEST WEB WORKS. SERVICES AGREEMENT I. Mission Statement A. Northwest Web Works provides Internet World Wide Web page hosting. Northwest Web Works has certain legal and ethical responsibilities regarding the use of its servers and equipment involved in these services. B. Northwest Web Works’ general policy is to act as a provider of Internet presence. Northwest Web Works has specific ethical concerns regarding the use of its computers as detailed below. C. Northwest Web Works guarantees to respond to any and all e-mails regarding any question or problem you have with our service no later than 12 hours after said e-mail is sent. This guarantee does not apply to lost deliveries due to outside network problems. II. 99.9% Uptime Guarantee A. Service Level - Northwest Web Works endeavors to have the content of your web site available for http access by any part in the world 99.9% of the time. B. Coverage - This 99.9% uptime guarantee applies to any Northwest
Web Works client in good financial standing with Northwest Web
Works at the time of a service outage. 1. In the event that your web site is not available for more than 99.9% of the time, Northwest Web Works will give you a credit on the following month's service fee as follows: a. For any shared hosting client, such credit shall be retroactive to the first day of the month in which the access was denied, and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month. Northwest Web Works offers this guarantee to every month-to-month customer. b. Monthly Uptime Credit. 95% to 99.8% shall govern a 25% credit. 90% to 94.9%% shall govern a 50% credit. 89.9% or below shall govern a 100% credit. 2. In order for you to receive a credit on your account, you must request the credit within ten (10) days after you experienced the down time. a. Your request must be made by sending an electronic mail message to hosting@nwwebworks.com. b. For security purposes, the body of this message must contain your account user name, the dates and times of the unavailability of your web site, and such other customer identification requested by Northwest Web Works. 3. Credits will be applied within ten (10) days of your credit request. As a courtesy to our month-to-month customers, an in-house credit to your account shall be your sole and exclusive remedy in the event of an outage. a . Restrictions on Credits - Credits shall not be provided to you in the event that you have any outage resulting from the following: 1. Scheduled maintenance as posted from time to time at Northwest Web Works; 2. Your behavior or the performance or failure of your equipment, facilities or applications; 3. Circumstances beyond Northwest Web Works' reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, delay in telecommunications or third party services including backbone provider, DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site; or 4. A client breaking any item in Northwest Web Works' this agreement causing a machine to fail as a result. III. Miscellaneous Provisions A. Acceptable Bandwidth Use and Unacceptable Overuse Clause 1. Bandwidth is a term used to describe the total traffic your web site and other services associated with the use of your website consume. 2. We do not monitor traffic until you surpass the specified amount with your package at the time of purchase in one months period of time. 3 . You agree to pay Northwest Web Works this $10.00 per GIG fee for bandwidth overages and you understand this fee is not refundable under any circumstance. 4. WARNING- You also understand that wusage statistics are not accurate enough for you to determine your own total bandwidth usage, as it does not include the following: e-mail transfer, httpd or ftp downloads from webpage, anonymous FTP downloads, CGI scripts, Real Audio, Real Video, Telnet, and SSH, as well as other items. 5 . If you have any questions on this policy, contact us prior to signing up. 6. All customers who occur bandwidth overages will be e-mailed a receipt regarding the overages to the e-mail address provided upon sign up. 7. Client paying by credit card will be billed prior to invoice being sent. 8. Clients paying by credit card agree to accept charges for bandwidth overages. B. Background Running Programs 1. We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. 2. You must notify Northwest Web Works prior to the installation of any background running programs. The final consent and total fee must be arranged. C. New Domain Name Registration 1. The customer who registers for services is the legal owner of any domain name registered. 2. Northwest Web Works reserves the right to seize any domain name at any time for the following reasons: a. Placing dispute with customer's credit card institution on any payment debited by Northwest Web Works; and b. Violation of any provision of this service agreement. c. If payment has not been received by this office within 15 days of the domain name registration, you will lose all rights to the domain name. The domain name will be put into our company's name, and in an attempt to recover our loses we will put the domain name up for sale. The domain name will then be modified to show the information of the highest bidder. D. Disk Storage 1. The intention of Northwest Web Works is to provide a large space to serve web documents, not to provide an off-site storage area for electronic files. 2. All (90%) of your web pages must be 'linked' with files (.gif, .jpeg, etc.) stored on Northwest Web Works' server. 3. Web sites that are found to contain no html documents, or a large number of unlinked files, are subject to warning, suspension or cancellation at the sole discretion of Northwest Web Works management. 4. Any customer who violates Northwest Web Works' Policies in abusing disk storage will be billed $1 per 10MB in one month's period. E. CGI Scripts 1. Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish. 2. Northwest Web Works reserves the right to disable and or remove any CGI script that affects normal server operation without prior warning. 3. Any CGI script owned and installed by you which has been stuck in memory by error will be charged a $100 management fee for each instance removed. IV. Conditions A. Any provision of this contract which is broken will result in immediate account termination. B. Payment Policies 1. 30 day guarantee applies to new customers only. a. Setup fees, if any, are not refundable. b. Guarantee does not apply to overages of any kind. 2. All accounts are set up on a pre-pay basis. 3. All pricing is guaranteed for the term of pre-payment. 4. Northwest Web Works reserves the right to change prices at any time, unless other terms have been agreed upon in writing signed by management of Northwest Web Works. 5. Any account not brought current within one week (5 days) of e-mail notices or exceeding this time frame in any way is subject to suspension or cancellation. 6. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notified Northwest Web Works via provision VIII, D, 1-5, to request for termination of services. 7. All payments are to be made in U.S. currency. 8. Northwest Web Works will bill each client an extra $50 for every returned check and $25 for each wire transfer received. 9. Accounts not brought up to date will be submitted to a collections agency if overages are owed. 10. Accounts suspended due to non-payment will incur a $30 restart fee before service is restored. C. Cancellation 1. Northwest Web Works reserves the right to cancel service at any time for any reason without liability. 2. Any violation of policies which results in extra costs will be billed to customer (i.e. transfer, space, etc.). 3. All clients who wish to cancel must contact hosting@nwwebworks.com. Northwest Web Works DOES NOT accept cancellation requests via e-mail, phone, or other method of communication. For security reasons, we require a faxed or mailed request provided by us after e-mailing the cancellation request. 4. Clause VIII of this agreement shall remain in full effect even after full account cancellation has been completed and confirmed via electronic mail. 5. A fee of $200 will be applied to your account if Northwest Web Works does not receive proper cancellation request yet you move your site to another provider. This fee is not refundable. You give Northwest Web Works authorization to charge you this amount. 6. Once an account is cancelled and customer notified by electronic mail, customer understands that all material stored including but not limited to email will be lost. Customer cannot hold Northwest Web Works liable for any lost information the customer failed to back up. V. Method of Payments A. Credit Card Payment via PayPal - You understand that all account sales are final. You further understand that unfounded disputed charges will result in a $50 processing fee and a $100 account research fee. 1. Refunds of charges paid through Paypal - Refunds of charges paid through PayPal will be made through PayPal. Refunds that are given more than 30 days after original payment was made will be given minus PayPal's fees charged to Northwest Web Works. B. Check Payment - Accounts are set up only upon receipt of payment and this signed agreement. Any check that is returned to Northwest Web Works is subject to a $50 returned check fee and $25 processing fee. You understand that all account sales are final. C. Wire Payments - Any wire received from customer of Northwest Web Works will be subject to a $25 wire processing fee. Advanced notice to hosting@nwwebworks.com must be received. Northwest Web Works must pre-approve any request made. You understand that all account sales are final. VI. Prohibitions A. Server Abuse 1. Any attempt to undermine or cause harm to a server, or customer, of Northwest Web Works is strictly prohibited. 2. Northwest Web Works will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include but are not limited to "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning. 3. You understand that any unauthorized use of accounts or computer, whether or not the attacked account or computer belongs to Northwest Web Works, will result in action against the attacker. Possible action include warnings, account cancellation, and civil or criminal legal action, depending on the seriousness of the attack. B. Unsolicited E-Mail (spam) 1. Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate postings may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. 2. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-Mail is a person-to-person medium, not a broadcast medium. 3. Upon even your first Spam offense your account will be terminated and a maintenance fee of $1000 will be billed to your payment method used upon sign up. This is due to the enormous amount of time it takes to serve spamming victims. If customer paid by credit card, they agree to pay this fee. C. Copywritten Files 1. Files found on Northwest Web Works' servers which are found to be copywritten will be removed and the account cancelled immediately without prior notification to the customer. All copyright owners will be notified accordingly. 2. In addition, a management fee of $500 per copywritten file will be billed to the customer's method of payment upon sign up. If you paid by credit card you agree to accept this/these debits. 3. This includes but is not limited to, files with the extension .zip, .exe, etc. 4. Northwest Web Works will be the sole arbiter as to what constitutes a violation of this provision. D. IRC -We currently do not allow IRC or IRC bots to be operated on our servers. If one is found to be operating, it will be removed and your account terminated without prior notice to you. E. Chat Rooms 1. Due to the large amount of bandwidth and system resources used by chat rooms, you understand that you are not allowed to install your own chat room without first approving it with the Northwest Web Works support team. Northwest Web Works support can be reached at hosting@nwwebworks.com. 2. Parachat chat rooms are acceptable and do not apply to this rule. They may be installed without prior approval from Northwest Web Works. 3. If you have any questions concerning whether your proposed chat room is a parachat chat room, contact Northwest Web Works prior to installation. F. Abuse of SMTP Mail Server 1. We do not allow clients to send more than 2000 pieces of electronic mail per day. If you do send more than this amount, your account will be suspended for network abuse. 2. If you are sending legitimate electronic messages and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of email. You will be charged $50.00 per month and a setup fee of $50.00 in addition to your regular hosting charges if your account is moved to this server. Please contact hosting@nwwebworks.com to have your domain moved or initially installed on this special server. The maximum allowable electronic messages per day on this special server is 20,000 at the price above. 3. You may contact Northwest Web Works' sales department to work out a contract for additional e-mail at a price to be determined by Northwest Web Works. VII. Lawful Purpose A. Northwest Web Works reserves the right to refuse service to anyone. B. Customers may only use the Northwest Web Works server for lawful purposes. C. Transmission of any material in violation with Federal, State or Local regulation is prohibited. This includes, but is not limited to, copywritten material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Northwest Web Works management. D. Regardless of the place of signing this agreement, the client agrees, for purposes of venue, this contract was entered into Sangamon County, City of Springfield, State of Illinois, and any dispute will be litigated or arbitrated in this jurisdiction. VIII. Indemnification A. You agree to defend, indemnify, save and hold Northwest Web Works harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Northwest Web Works, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agent, employee or assign. B. You agree to defend, indemnify and hold harmless Northwest Web Works against liabilities arising out of but not limited to: 1. Any injury to person or property caused by any products sold or otherwise distributed in connection with Northwest Web Works' server; 2. Any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; 3. Copyright infringement; or 4. Any defective products sold to customer from Northwest Web Works' server. IX. Disclaimer A. Northwest Web Works is not responsible for any damages suffered by you or your business as a result of services we provide. B. Northwest Web Works makes no warranties of any kind, expressed or implied, for services we provide. C. Northwest Web Works disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Northwest Web Works and its employees. D. Northwest Web Works reserves the right to revise its policies at any time without notice. It is the customer's responsibility to monitor http://nwwebworks.com/terms.html for policy changes. E. All Sub-Networks and resellers of Northwest Web Works must adhere to the above policies. F. Failure to follow any term or condition will be grounds for immediate account deactivation without refund. © Copyright 2004-2012 Northwest Web Works - All Rights Reserved |