Acceptable Usage Policy & Terms of Service

This agreement governs the use of all WebNX’s services, except as otherwise agreed in writing. Violation of this agreement may result in suspension or termination of your service. In the event of a dispute between you and WebNX regarding the interpretation of this agreement, WebNX’s interpretation shall govern. If you have any questions regarding this agreement contact the WebNX Billing Department. Use of WebNX’s service constitutes acceptance of this agreement.

Offensive Content. You may not host, publish, distribute, transfer or transmit any information via WebNX’s service that WebNX believes:

• to constitute child abuse, including pornography or sexually suggestive material depicting children
• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including but not limited to chain letters and pyramid schemes
• is defamatory or violates a person’s privacy
• creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by any law enforcement agency
• improperly exposes trade secrets or other confidential or proprietary information of another person
• is intended to assist others in defeating technical copyright protection
• clearly infringes on another person’s trade or service mark, patent, or other property right
• promotes the use, trafficking, purchasing and/or sale of illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to WebNX
• is other wise malicious, fraudulent, or may result in retaliation against WebNX by offended viewers.

Violation of any of this section will result in a fee of at least $50.00 and you may face suspension, termination, and other applicable charges.

Security. You must take all security precautions necessary to ensure the security of your server and our network. WebNX is not responsible for the security of your server and if WebNX believes your server to be compromised your server may be disconnected without notice and possibly formatted. You must protect the confidentiality of your passwords and change them periodically.

Violation of any of this section will result in a fee of at least $50.00 and you may face suspension, termination, and other applicable charges.

Bulk Commercial E-Mail (UCE). You must obtain WebNX’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to WebNX’s reasonable satisfaction:

• Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
• Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
• You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and WebNX’s requests to produce consent evidence within 24 hours of receipt of the request.
• The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at abuse@webnx.com;
• You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 24 hours, and you notify recipients that their revocation of their consent will be honored in 24 hours;
• You must post an abuse@webnx.com e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
• You must have a Privacy Policy posted for each domain associated with the mailing;
• You have the means to track anonymous complaints;
• You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and
• You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your WebNX service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your WebNX service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers. WebNX may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time. Violation of any of this section will result in a fee of at least $150.00 and you may face suspension, termination, and other applicable charges.

Unsolicited E-Mail. You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it or has not opted to receive it. You must comply with the rules of any other network you access or participate in using your WebNX’s services. Violation of any of this section will result in a fee of at least $350.00 and you may face suspension, termination, and other applicable charges.

SpamVertising E-Mail. You may not post any unsolicited e-mail to any newsgroups, online forums, or interactive web sites using your WebNX’s services such as e-mail addresses or directing people to your WebNX’s web site account. You must comply with the rules of any other network you access or participate in using your WebNX’s services. Violation of any of this section will result in a fee of at least $100.00 and you may face suspension, termination, and other applicable charges.

Material Protected by Copyright. You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

• you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
• you are otherwise permitted by established United States copyright law to copy the work in that manner.

WebNX will terminate the service of copyright infringes without notice. Violation of any of this section will result in a fee of at least $500.00 and you may face suspension, termination, and other applicable charges.

Copyright Infringement Notice (Digital Millennium Copyright Act). If you believe your copyright is being infringed by a person using the WebNX network, please send an appropriate DMCA notice to:

Your notice must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WebNX to locate the material;
• Information reasonably sufficient to permit WebNX to contact you, such as an address, telephone number, and if available, an e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Other. You must have valid and current information on file with WebNX at all time. Failure to do so will result in immediate suspension or termination of your account.

Updates can be carried out via https://clients.webnx.com should you be unable to access this please send an email to support@webnx.com.

Internet Abuse. You may not engage in illegal, abusive, or irresponsible behavior, including:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to WebNX and its customers) without express authorization of the owner of the system or network;
• monitoring data or traffic on any network or system without the 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;
• Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
• Any conduct that is likely to result in retaliation against the WebNX network.
• Use of WebNX’s network in a way that unreasonably interferes with WebNX’s other customers use of the network

Violation of any of this section will result in a fee of at least $100.00 and you may face suspension, termination, and other applicable charges.

Newsgroup, Chat Forums, Other Networks. You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

IRC Networks are strictly prohibited from our network.

Violation of any of this section will result in a fee of at least $100.00 and you may face suspension, termination, and other applicable charges.

Payment Policies. WebNX provides service through subscriptions. In the event you cancel a subscription you will need to rectify the situation immediately or you may face account suspension or termination. All payments are due by 5:00 PM EST on the date of their renewal. Failure to pay at this time will result in suspension or termination of your account and you may be subject to disconnection or reconnection fees. By accepting this agreement you understand that WebNX reserves the right to charge your credit card for any charges applied to your account. You understand bandwidth overages will be billed at the rate of $.50 per GB. If for any reason you file a chargeback or a dispute with PayPal, WebNX reserves the right to apply an administrative fee of not less than $75.00 but no more than $150.00. You understand that in the event an invoice becomes past due that all servers on your account will be suspended and you will be charged a $75.00 disconnection fee per server. Your understand that in the event you do not pay an invoice generated by WebNX that WebNX has the right to send your account to a collection agency. All payments to WebNX are non-refundable. You understand in the event that this happens you will be responsible for paying all collection, legal, and attorney costs. A charge of not less than $75.00 but not more than $150.00 will also be charged to your account.

Cancellations. Cancellations will only be accepted via our cancellation request option in your Client Portal. Cancellations that are not made via the form will be ignored and will not be processed. In order for your cancellation to be successful you must receive confirmation from WebNX. If you do not receive confirmation from WebNX do not assume your account is being canceled. You are then required to submit your cancellation in writing if you do not receive a response via e-mail. All cancellations must be made One (1 day) calendar days prior to the next invoice being due. Any cancellations made after this are not valid and will not be prorated.

Agreement. Use of our service in any way constitutes acceptance of this agreement. This agreement may be terminated by the subscriber, in writing, and thirty days in advance to server billing dates. Termination of this agreement must be made in writing to the address provided to you in your billing area. You understand that terminating this agreement may result in administrative charges and you accept any charge that may result from that. WebNX reserves the right as the provider to terminate this agreement at any time, without prior notice.

Disclaimer of Warranties. WebNX makes no warranty of our services either expressed or implied. It is the customer’s responsibility to have backups of their data at all times. WebNX has the right to restrict access to any server, possibly causing you to not have access to your files. You understand that WebNX is not required to allow access to any server on their network. WebNX cannot be held responsible for lost, corrupt, or restricted data for any reason.

WebNX is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the WebNX network.

Inquiries regarding this policy should be directed to WebNX abuse department at abuse@webnx.com

YOU AGREE THAT YOUR USE OF WEBNX’S SERVICES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBNX WEB SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY ON THE WEBNX WEB SERVICES OR ANY MATERIAL AVAILABLE THROUGH THEM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBNX WEB SERVICES.

THE WEBNX SERVICES ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WEBNX AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBNX WEB SERVICES, NOR DO THEY GUARANTEE THAT THE WEBNX WEB SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBNX WEB SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY. The Parties shall only be liable for the contract value upon breach of Contract for Non-performance. UNDER NO CIRCUMSTANCES SHALL WEBNX (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THE WEBNX WEB SERVICES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF THESE DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THESE STATES, THE LIABILITY OF WEBNX AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE STATE LAW. YOU AGREE THAT THE LIABILITY OF WEBNX (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBNX WEB SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO WEBNX FOR THE USE OF THE WEBNX WEB SERVICES.

Indemnification. You agree to indemnify, defend, and hold harmless WEBNX (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the Terms or use of the WEBNX Web Services. WEBNX reserves the right, at its election to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with WEBNX in connection with our defense.

Governing Law. This Contract shall be construed in accordance with the laws of the State of California.

Arbitration. Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any California court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.

Notice. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

Wavier of Contractual Right. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.

Construction and Interpretation. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.