Acceptable Use Policy
This Acceptable Use Policy
("Policy" or "AUP") describes the
Prohibited Uses of WebEx.net' hosting services
("Services"). This Policy is incorporated
within our terms and conditions by reference. WebEx.net
reserves the right to modify the Policy at any time and
the modified policy is effective upon posting on the
WebEx.net website. Any violation of the Policy may result
in the suspension, termination of your account, or such
other action that WebEx.net deems appropriate. This Policy
outlines the uses of our Services that are prohibited
and is by no means exhaustive. By using our Services,
you affirm that you have read and agreed to be bound by
the terms of this policy.
- Prohibited Uses:
- Illegal Use:
WebEx.net' servers may be used only for lawful
purposes. Transmission, distribution or storage
of any material in violation of any applicable
law or regulation is prohibited.
- Infringement:
Infringement of intellectual property rights or
other proprietary rights including, without
limitation, material protected by copyright,
trademark, patent, trade secret, or other
intellectual property right used without proper
authorization. Infringement may result from,
among other activities, the unauthorized copying
and posting of pictures, logos, software,
articles, musical works, and videos.
- Offensive Materials:
Transmission, disseminating, sale, storage or
hosting material that is unlawful, libelous,
defamatory, obscene, pornographic, indecent,
lewd, harassing, threatening, harmful, invasive
of privacy or publicity rights, abusive,
inflammatory or otherwise objectionable.
- Export Violations:
Posting or sending of software or technical
information in violation of U.S. export laws,
including, without limitation, the Export
Administration Act and the Export Administration
Regulations maintained by the Department of
Commerce.
- Harmful Content:
Disseminating or hosting harmful content
including, without limitation, viruses, Trojan
horses, worms, time bombs, cancelbots or any
other computer programming routines that may
damage, interfere with, surreptitiously
intercept or expropriate any system, program,
data or personal information.
- Fraudulent Conduct:
Offering or disseminating fraudulent
goods, services, schemes, or promotions (i.e.,
make money fast schemes, chain letters, pyramid
schemes), or furnishing false data on any signup
form, contract or online application or
registration, or the fraudulent use of any
information obtained through the use of the
Services, including without limitation use of
credit card numbers.
- Network Security:
Violations of system or network security
are prohibited, and may result in criminal and civil
liability. WebEx.net will investigate incidents
involving such violations and may involve and/or
cooperate with law enforcement authorities if a
criminal violation is suspected. Examples of
unlawful acts, system, or network security
violations include, but are not limited to, the
following:
- Unauthorized access to or use of data, systems
or networks, including any attempt to probe,
damage, scan or test the vulnerability of a
system or network or to breach security or
authentication measures without express
authorization of the owner of the system or
network. Unauthorized access to any data,
system, or network from an unauthorized system
or network for any purpose which is not lawful
or which is intended to do harm.
- Unauthorized monitoring of data or traffic on
any network or system without express
authorization of the owner of the system or
network. Interference with service to any user,
host or network including, without limitation,
mail bombing, flooding, deliberate attempts to
overload a system and broadcast attacks.
- Forgery
Electronic forging of any kind to include but not
limited to IP addresses, domains, business names,
etc.
- Email Usage
Malicious email, including without limitation
"mail bombing" (flooding a user or Web
site with very large or numerous pieces of mail) or
"trolling" (posting outrageous messages to
generate numerous responses) is strictly prohibited.
In addition, you may not use WebEx.net' mail server
or another Web site's mail server to relay mail
without the express permission of the account holder
or the Web site. Posting the same or similar message
to one or more newsgroups (excessive cross-posting
or multiple-posting) also is explicitly prohibited.
- Misuse of System Resources
It is a violation for anyone to post information or
to include programs on the web space provided
through the Services which consume excessive
bandwidth, CPU time or storage space. In addition,
You will not run daemons or other background
processes without prior authorization from WebEx.net.
- INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY,
AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY
ON BEHALF OF A WebEx.net CUSTOMER OR A CUSTOMER'S END
USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY
BY SUCH CUSTOMER OR END USER.
- WebEx.net reserves the right to cooperate with
appropriate legal authorities in investigations of
claims of illegal activity involving WebEx.net�s
Services, Customers and other Users. WebEx.net
reserves all other rights to respond to violations
of this Policy to the extent of applicable law and
in accordance with any applicable contractual
obligations.
Hosting
Service Agreement
This Hosting Service Agreement ("Agreement") between the
account holder ("You") and WebEx.net, Inc. dba Web Express, Inc.
sets forth the terms and conditions of Your use of WebEx.net' web
hosting services. This Agreement as well as any additional
rules and policies, together with all modifications
thereto as posted on our website, constitute the complete
and exclusive agreement between You and WebEx.net concerning
Your use of WebEx.net' web hosting services and other
services ("Services"). This Agreement supersedes
and governs all other proposals, agreements, or any
other form of communications made between You and WebEx.net.
By selecting WebEx.net' web hosting services You have
agreed to establish an account with us for such services
and upon submitting Your application for our Services
("Order") You acknowledge that You have read,
understood and agreed to be bound by all terms and conditions
of relevant policies, as amended from time to time:
- Term and Payment for Services:
- Initial Term:
This Agreement will have an initial term of the following,
1. One year term for Bailout Hosting, Basic Hosting, Small Business Hosting, and Dedicated
Server Hosting (WebEx.net provides the servers),
2. Quarterly term for ECommerce Hosting and Window Hosting,
3. Monthly term for Co-lo and Dedicated Server Hosting (Customer provides server).
The payments are not refundable within the terms of the contract.
If You have taken the advantage of the free domain registration of $2/month credit
toward the monthly hosting fees, and the hosting fees are not paid for the
terms of the hosting contract, WebEx.net reserves the right
to cancel or suspend the domain registration that is considered paid for by WebEx.net.
- Renewal Terms:
If You wish to terminate the Services at the end
of the Initial Term or any subsequent Renewal
Terms, notice of intent to terminate must be given
in written form, at least thirty (30) days prior
to the termination date. Phone notification shall
not be acceptable. If You fail to notify WebEx.net
of Your intent to terminate this Agreement, this
Agreement will be automatically renewed for a
period equal to the duration of the billing cycle
("Renewal Term") at WebEx.net' then-current
rates and charges.
- Fees and Expenses:
You will pay all fees due according to the prices
and terms selected upon submitting Your Order
and at the start of each Renewal Term thereafter.
You agree that failure to indicate Your intent
to terminate our Services grants WebEx.net the authorization
to charge Your credit or debit card for the amount
specified during the Order at start of the Initial
Term and at the start of each Renewal Term. WebEx.net
will not send any invoices regarding charges made
to their credit or debit card. You may use Your
credit card statement as a receipt. Accounts that
are past due by more than thirty (30) calendar
days shall be subject to immediate interruption
of Service(s), with or without the grant of a
notice and may constitute a breach of this agreement,
such grant of notice or decision of breach is
to be decided at the sole discretion of WebEx.net.
WebEx.net may charge You a surcharge for repeated
failed credit/debit card transactions and will
assess a $25 surcharge for bounced checks.
- Taxes:
You shall pay or otherwise be responsible for
all federal, state, or local sales, use, excise,
gross receipts, municipal fees, transfer, transaction,
property, or similar taxes, fees, or surcharges
("Tax") imposed on, or with respect
to, the Services under this Agreement.
- Refunds:
WebEx.net or any of it's affiliates or suppliers will not refund any setup
or pre-paid hosting fees.
- Applicable Policies and Guidelines:
The WebEx.net Acceptable Use Policy (the "Policy")
governs the general policies and procedures for use
of the Services. The Policy is posted above and may be updated
from time to time. YOU SHOULD CAREFULLY READ THE USAGE
GUIDELINES. BY USING THE SERVICES, YOU AGREE TO BE
BOUND BY THE TERMS OF THE USAGE GUIDELINES AND ANY
MODIFICATIONS TO THE TERMS. WebEx.net MAY TERMINATE
YOUR ACCOUNT FOR ANY VIOLATION OF THE POLICY OR THIS
AGREEMENT.
- Services Use:
Bandwidth, Storage, and E-Mail Usage.
For Services, You will not exceed the bandwidth, storage
and E-mail usage limits according to the plan You
selected in the Order. If You use any bandwidth or
storage space in excess of the agreed upon number
of megabytes per month or if You exceed email storage
and attachment size limitations, WebEx.net may, in its
sole discretion, assess You with additional charges,
suspend the Service, or terminate this Agreement.
If WebEx.net elects to take any corrective action, WebEx.net
will not refund any unused pre-paid fees. Your use
of Your account and access to it is Your responsibility.
You are responsible for any unauthorized access to
Your account resulting in bandwidth, storage and/or
email usage exceeding the limits in accordance with
the plan chosen in the Order and resultant charges.
- Security:
You are solely responsible for any security breaches
affecting servers or accounts under Your control.
If Your server or website is responsible for or involved
in an attack on or unauthorized access into another
server or system, WebEx.net will shut it down immediately.
You will pay any charges resulting from the cost to
correct security breaches affecting WebEx.net or any
of its other customers.
- Your License Grant to WebEx.net:
You grant to WebEx.net a non-exclusive, worldwide, and
royalty-free license for the Initial Term and the
Renewal Term, if applicable, to edit, modify, adapt,
translate, exhibit, publish, transmit, participate
in the transfer of, reproduce, create derivative works
from, distribute, perform, display, and otherwise
use Your content as necessary for the purposes of
rendering and operating the Services to You under
this Agreement. You expressly: (a) grant to WebEx.net
a license to cache materials distributed or made available
for distribution via the Services, including content
supplied by third parties, and (b) agree that this
caching is not an infringement of any of Your intellectual
property rights or any third party's intellectual
property rights.
- Your Warranties and Representations to WebEx.net:
You warrant, represent, and covenant to WebEx.net that:
(a) You are at least 18 years of age; (b) You possess
the legal right and ability to enter into this Agreement;
(c) You will use the Services only for lawful purposes
and in accordance with this Agreement and all applicable
policies and guidelines; (d) You will be financially
responsible for the use of Your account; (e) You have
acquired or will acquire all authorization(s) necessary
for hypertext links to third-party Web sites or other
content; (f) You have verified or will verify the
accuracy of materials distributed or made available
for distribution via the Services, including Your
content, descriptive claims, warranties, guarantees,
nature of business, and address where business is
conducted, and (g) Your content does not and will
not infringe or violate any right of any third party
(including any intellectual property rights) or violate
any applicable law, regulation or ordinance.
- WebEx.net Materials and Intellectual Property:
All materials, including any computer software (in
object code and source code form), data or information
that WebEx.net or its suppliers or agents develop or
provide under this Agreement, and any know-how, methodologies,
equipment, or processes WebEx.net uses to provide the
Services to You, including all copyrights, trademarks,
patents, trade secrets, and any other proprietary
rights inherent therein and appurtenant thereto will
remain WebEx.net' or its suppliers' sole and exclusive
property. WebEx.net will also maintain and control ownership
of all Internet protocol ("IP") numbers
and addresses that WebEx.net may be assign to You. WebEx.net
may, in its sole discretion, change or remove any
and all IP numbers and addresses.
- Investigation of Violations:
WebEx.net may investigate any reported violation of
this Agreement, or its policies or any complaints
and take any action that it deems appropriate and
reasonable under the circumstance to protect its systems,
facilities, customers or third parties. WebEx.net will
not access or review the contents of any e-mail or
similar stored electronic communications except as
required or permitted by applicable law or legal process.
- Actions:
WebEx.net may restrict or remove from its servers any
content that violates this Agreement or related policies
or guidelines, or is otherwise objectionable or potentially
infringing on any third party's rights or that potentially
violates any laws. If WebEx.net becomes aware that You
have possibly violated this Agreement, any related
policies or guidelines, third party rights or laws,
WebEx.net may immediately take corrective action, including:
(a) issuing warnings, (b) suspending or terminating
the Service, (c) restricting or prohibiting any and
all uses of content hosted on WebEx.net' systems, and
(d) disabling or removing any hypertext links to third-party
Web sites, any of Your content distributed or made
available for distribution via the Services, or other
content not supplied by WebEx.net that, in WebEx.net'
sole discretion, may violate or infringe any law or
third-party rights or that otherwise exposes or potentially
exposes WebEx.net to civil or criminal liability or
public ridicule. It is WebEx.net' policy to terminate
repeat violators. These rights of action, however,
do not obligate WebEx.net to monitor or exert editorial
control over the information made available for distribution
via the Services. If WebEx.net takes corrective action
because of a possible violation, WebEx.net will not
refund to You any fees You paid in advance of the
corrective action.
- Disclosure Rights:
To comply with applicable laws and lawful governmental
requests, to protect WebEx.net' systems and customers,
or to ensure the integrity and operation of WebEx.net'
business and systems, WebEx.net may access and disclose
any information it considers necessary or appropriate,
including, user profile information (i.e., name, e-mail
address, etc.), IP addressing and traffic information,
usage history, and content residing on WebEx.net' servers
and systems. WebEx.net may report any activity that
it suspects violates any law or regulation to appropriate
law enforcement officials, regulators, or other appropriate
third parties.
- No Other Warranty:
THE SERVICES ARE PROVIDED ON AN "AS IS"
BASIS, AND YOUR USE OF THE SERVICES IS AT ITS OWN
RISK. WebEx.net DOES NOT MAKE, AND HEREBY DISCLAIMS,
ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT
AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE
OF DEALING, USAGE, OR TRADE PRACTICE. WebEx.net DOES
NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED,
ERROR-FREE, OR COMPLETELY SECURE. WebEx.net DOES NOT
WARRANT THAT THE SOFTWARE, INCLUDING SECURITY SOFTWARE,
OPERATES WITHOUT ERROR OR WILL PREVENT THIRD PARTY
HACKING OR ACCESS TO YOUR NETWORKS.
- Limitation of Liability:
IN NO EVENT WILL WebEx.net OR ITS SUPPLIERS HAVE ANY
LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION,
THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR
MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH
ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER WebEx.net
NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT
TO WebEx.net'S OBLIGATIONS UNDER THIS AGREEMENT, OR
OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL,
OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) EVEN
IF WebEx.net HAS BEEN ADVISED OF THE POSSIBILITY OF
THESE DAMAGES. THE LIABILITY OF WebEx.net AND ITS SUPPLIERS
TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION
IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO WebEx.net
UNDER THIS AGREEMENT DURING THE BILLING CYCLE IMMEDIATELY
PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED BUT
IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00).
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED
TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS LIMITATION
APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE,
INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS,
AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY
WebEx.net UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE
TO BE BASED UPON THIS ALLOCATION OF RISK. YOU AGREE
THAT WebEx.net IS NOT LIABLE FOR ANY LOST DATA OR CONTENT
AND YOU ACKNOLWEDGE THAT IT IS YOUR RESPONSIBILITY
TO MAINTAIN BACKUPS OF YOUR DATA. ACCORDINGLY, YOU
RELEASE WebEx.net AND ITS SUPPLIERS FROM ANY AND ALL
OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF
THE LIMITATION STATED IN THIS SECTION.
- Indemnification:
You release and hold harmless, and agree to indemnify,
WebEx.net and its affiliates and suppliers and their
respective employees, directors and representative
against any and all claims, actions, proceedings,
suits, liabilities, damages, settlements, penalties,
fines, costs or expenses (including, reasonable attorneys'
fees and other litigation expenses) incurred by WebEx.net
or its suppliers, arising out of or relating to: (a)
Your violation or breach of any term, condition, representation
or warranty of this Agreement, or any applicable policy
or guideline; (b) Your improper or illegal use the
Services; or (c) Your violation, alleged violation,
or misappropriation of any intellectual property right
(including trademark, copyright, patent, trade secrets)
or non-proprietary right of a third party (including
defamation, libel, violation of privacy or publicity).
- Force Majeure:
Except for the obligation to make payments, neither
party will be liable for any failure or delay in its
performance under this Agreement due to any cause
beyond its reasonable control, including, but not
limited to, acts of war, acts of God, earthquake,
flood, embargo, riot, sabotage, labor shortage or
dispute, governmental act or failure of the Internet
(not resulting from the actions or inactions of WebEx.net),
provided that the delayed party: (a) gives the other
party prompt notice of such cause, and (b) uses its
reasonable commercial efforts to promptly correct
such failure or delay in performance. If WebEx.net is
unable to provide Service(s) for a period of thirty
(30) consecutive days as a result of a continuing
force majeure event, You may cancel the Service(s),
but there shall be no liability on the part of WebEx.net.
- Agents, Licensees and Resellers:
You agree that, if You are purchasing our Services
for or on behalf of another entity, You represent
that You have the authority to bind that other entity
as a principal to all terms and conditions provided
herein. You agree that if You license the use of Your
Services registered to You to a third party, You will
remain responsible for all obligations under this
Agreement, including but not limited to payment obligations,
and providing (and updating, as necessary) both Your
own full contact information, adequate to facilitate
timely resolution of any problems that arise.
- Breach and Revocation:
WebEx.net reserves the right to suspend, cancel or modify
Your services we provide in the event You materially
breach this Agreement and do not cure such breach
within thirty (30) days of notice by WebEx.net. You
also agree that WebEx.net shall have the right in its
sole discretion to suspend, cancel or otherwise modify
Your Services upon seven (7) calendar days prior written
notice, or at such time as WebEx.net receives a properly
authenticated order from a court of competent jurisdiction,
or arbitration award, requiring the suspension, cancellation
or modification of the Services.
- Right of Refusal:
We, in our sole discretion, reserve the right to refuse
to do business with You, or to stop doing business
with You. You agree to hold WebEx.net harmless for any
damages arising out of any form or cause of action
that could arise from WebEx.net’ actions.
- Governing Law:
Any disputes over this Agreement, Your rights and
obligations and all actions contemplated by this Agreement
shall be governed by the laws of the United States
of America and the State of New Jersey, as if the
Agreement was a contract wholly entered into and wholly
performed within the State of New Jersey. Any action
with respect to this Agreement or any matter relating
to Your use of the WebEx.net site shall be brought exclusively
in the United States District Court for the District
of New Jersey, or if there is no jurisdiction in such
court, then in the Superior Court of the State of
New Jersey, Somerset County. You irrevocably consent
to the exclusive jurisdiction of the State of New
Jersey for any actions hereunder.
- Notices:
You agree that any notices required to be given under
this Agreement by WebEx.net to You will be deemed to
have been given if delivered in accordance with the
contact information supplied on the Order You have
provided. For notices to WebEx.net, WebEx.net may be contacted
via email at info@WebEx.net.com or at the following
address:
WebEx.net
672 Route 202-206 N.
Bridgewater, NJ 08807
-
Acceptance of Agreement:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE
SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION
AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS
SET FORTH IN THIS AGREEMENT.
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