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Terms & Conditions
The following terms and conditions apply to all customers
Updated 5.19.2005 and subject to change
Terms Of Service
IMPORTANT NOTICE: *All Payments To Uneedawebsite.com Are
Non-Refundable after the initial 30 Day money back
guarantee period, except that no refunds shall be given if
either the Terms of Service or Acceptable Use Policy has
been violated.* 30 Day money back guarantee applies only
to hosting fees. No refunds on domain registrations under
any circumstances.
Uneedawebsite.com ("The Company") agrees to furnish
services to the Subscriber, subject to the following TOS
(Terms of Service).
Use of Uneedawebsite.com Service constitutes acceptance
and agreement to Uneedawebsite.com's AUP as well as
Uneedawebsite.com's TOS (Terms of Service).
All provisions of this contract are subject to the TOS
(Terms of Service) of Uneedawebsite.com. and
AUP
(Acceptable Use Policy). The AUP may be changed from time
to time at the discretion of the Company. Subscriber
understands that change to the AUP by the Company shall
not be grounds for early contract termination or
non-payment.
This Agreement shall be construed in all respects in
accordance with the laws of the Commonwealth of
Massachusetts, county of Bristol applicable to contracts
enforceable in that state. Venue will be Bristol County,
Massachusetts.
Disclosure to Law Enforcement: The AUP specifically
prohibits the use of our service for illegal activities.
Therefore, Subscriber agrees that the Company may disclose
any and all subscriber information including assigned IP
numbers, account history, account use, etc. to any law
enforcement agent who makes a written request without
further consent or notification to the Subscriber. In
addition Uneedawebsite.com shall have the right to
terminate all service set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of
the service furnished and the initial rates and charges
have been communicated to Subscriber. Subscriber is aware
that the Company may prospectively change the specified
rates and charges from time to time. The promotional offer
is contingent upon Company achieving and maintaining its
cost of service goals including but not limited to rates
charged to company by its suppliers.
Payment: Establishment of this service is dependent upon
receipt by the Company of payment of stated charges.
Subsequent payments are due on the anniversary date of the
month for that month's service. The above applies to all
accounts and services provided by Uneedawebsite.com.
Renewal: To insure uninterrupted service, we will
automatically renew services prior to expiration, unless
we are informed to cancel the services at least 30 days
prior to expiration. Subscriber agrees to the
renewal policy and charges for renewals of hosting
services and/or domain names will not be refunded once
charged to the Subscriber's account.
Payments and Fees: Credit cards that are declined for any
reason are subject to a $1.00 declination fee. Service
will be interrupted on accounts that reach 10 days past
due. Service interrupted for nonpayment is subject to a
$20 reconnect charge. Accounts not paid by due date are
subject to a $7.95 late fee. Accounts that are not
collectable by Uneedawebsite.com may be turned over to an
outside collection agency for collection. If your account
is turned over for collection, you agree to pay the
company a "Processing and Collection" Fee of not less than
$50 nor more than $150. If you desire to cancel your
account, please follow the proper procedure to do this as
outlined in this TOS.
Refund and Disputes: All payments to Uneedawebsite.com are
nonrefundable. This includes the one time setup fee and
subsequent charges regardless of usage. All overcharges or
billing disputes must be reported within 60 days of the
time the dispute occurred. If you dispute a charge to your
credit card issuer that, in Uneedawebsite.com's sole
discretion is a valid charge under the provisions of the
TOS and /or AUP, you agree to pay Uneedawebsite.com an
"Administrative Fee" of not less than $50 and not more
than $150.
Failure to Pay: The Company may temporarily deny service
or terminate this Agreement upon the failure of Subscriber
to pay charges when due. Such termination or denial will
not relieve Subscriber of responsibility for the payment
of all accrued charges, plus reasonable interest and any
collection fees.
Account Cancellation: Requests for canceling accounts may
be made in writing with at least 30 days notice but not
more than 60 days prior written notice and sent to:
Uneedawebsite.com
Attn: Cancellations
256 Belleville Rd.
New Bedford, MA 02745
Or you may call 508-525-4257.
Uneedawebsite.com's preferred method of cancellation is
via the support section of your Uneedawebsite.com
account. Please log into the support section at http://www.Uneedawebsite.com/esupport
and you can request to have your server cancelled by
opening a support ticket with your request.
You must have all account information to cancel.
Subscriber acknowledges that the service provided is of
such a nature that service can be interrupted for many
reasons other than the negligence of the company and that
damages resulting from any interruption of service are
difficult to ascertain. Therefore, subscriber agrees that
the company shall not be liable for any damages arising
from such causes beyond the direct and exclusive control
of the company. Subscriber further acknowledges that the
company's liability for its own negligence may not in any
event exceed an amount equivalent to charges payable by
subscriber for services during the period damages
occurred. In no event shall the company be liable for any
special or consequential damages, loss or injury.
New Domain Accounts: All new webhosting accounts involving
new domains will be set up and entered into our DNS
servers within 3 to 5 business days. Due to unforeseen
complications, however, this process may sometimes require
up to 7 business days. If the new domain is registered by
the account holder, there will be no handling fee. If the
domain is registered by Uneedawebsite.com, Inc. on behalf
of the account holder a handling fee will be incurred.
Transfer of Domains: New webhosting accounts which involve
the transfer of a domain from another provider to
Uneedawebsite.com will require a minimum of seven (7) days
to be set up and entered into our DNS servers. In some
cases, such transfers may take up to sixty (60) days. Due
to the unpredictable nature of the transfer process, no
guarantees are made regarding the amount of time a
specific transfer may take. If the transfer of the domain
is done by Uneedawebsite.com on behalf of the account
holder a handling fee will be incurred. If the customer
cancels service during the transfer period for any reason,
all charges are considered earned.
Support Boundaries: Uneedawebsite.com, provides technical
support to our subscribers. We limit our technical support
to our area of expertise. The following is our guidelines
when providing support: Uneedawebsite.com provides support
related to your server or virtual site physical
functioning. Uneedawebsite.com does not offer tech support
for application specific issues such as cgi programming,
html or any other such issue. Uneedawebsite.com does not
provide technical support for YOUR customers. If you can
email, we encourage you to email support@Uneedawebsite.com
for assistance. Lastly, the Help files in the program you
are using may have the answer to your question so please
do investigate these resources before calling tech
support.
SPAM and Unsolicited Commercial Email (UCE):
Uneedawebsite.com takes a zero tolerance approach to the
sending of Unsolicited Commercial Email (UCE) or SPAM over
our network. Very simply this means that customers of
Uneedawebsite.com may not use or permit others to use our
network to transact in UCE. Customers of Uneedawebsite.com
may not host, or permit hosting of, sites or information
that is advertised by UCE from other networks. Violations
of this policy carry severe penalties, including
termination of service.
Violation of Uneedawebsite.com's SPAM policy will result
in severe penalties. Upon notification of an alleged
violation of our SPAM policy, Uneedawebsite.com will
initiate an immediate investigation (within 48 hours of
notification). During the investigation, Uneedawebsite.com
may restrict customer access to the network to prevent
further violations. If a customer is found to be in
violation of our SPAM policy, Uneedawebsite.com may, at
its sole discretion, restrict, suspend or terminate
customer's account. Further, Uneedawebsite.com reserves
the right to pursue civil remedies for any costs
associated with the investigation of a substantiated
policy violation. Uneedawebsite.com will notify law
enforcement officials if the violation is believed to be a
criminal offense.
First violations of this policy will result in an
"Administrative Fee" of $350 and your account will be
reviewed for possible immediate termination. A second
violation will result in an "Administrative Fee" of $600
and immediate termination of your account. Users who
violate this policy agree that in addition to these
"Administrative" penalties, they will pay "Research Fees"
not to exceed $275 per hour that Uneedawebsite.com
personnel must spend to investigate the matter. PLEASE, DO
NOT SPAM from your account.
As our Customers are ultimately responsible for the
actions of their clients over the Uneedawebsite.com
network, it is advisable that Customers develop a similar,
or stricter, policy for their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services
on their server that support spammers or cause any of our
IP space to be listed in any of the various Spam Databases
will have their server immediately removed from our
network. The server will not be reconnected until such
time that you agree to remove ANY and ALL traces of the
offending material immediately upon reconnection and agree
to allow us access to the server to confirm that all
material has been COMPLETELY removed. Severe violations
may result in immediate and permanent removal of the
server from our network without notice to the customer.
Any server guilty of a second violation WILL be
immediately and permanently removed from our network
without notice.
Network
IP Address Ownership: If Uneedawebsite.com assigns
Customer an Internet Protocol address for Customer's use,
the right to use that Internet Protocol address shall
belong only to Uneedawebsite.com, and Customer shall have
no right to use that Internet Protocol address except as
permitted by Uneedawebsite.com in its sole discretion in
connection with the Services, during the term of this
Agreement. Uneedawebsite.com shall maintain and control
ownership of all Internet Protocol numbers and addresses
that may be assigned to Customer by Uneedawebsite.com, and
Uneedawebsite.com reserves the right to change or remove
any and all such Internet Protocol numbers and addresses,
in its sole and absolute discretion. Our allocation of IP
addresses is limited by ARIN's new policies. These new
policies state that use of IP addresses for IP based
virtual hosts will not be accepted as justification for
new IP addresses. What this means to you is that you MUST
use name-based hosting where possible. We will
periodically review IP address usage, and if we find that
clients are using IP addresses where name-based hosting
could be used, we will revoke authorization to use those
IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage: Customer agrees that bandwidth
and disk usage shall not exceed the number of megabytes
per month for the Services ordered by Customer on the
Order Form (the "Agreed Usage"). Uneedawebsite.com will
monitor Customer's bandwidth and disk usage.
Uneedawebsite.com shall have the right to take corrective
action if Customer's bandwidth or disk usage exceeds the
Agreed Usage. Such corrective action may include the
assessment of additional charges, disconnection or
discontinuance of any and all Services, or termination of
this Agreement, which actions may be taken is in
Uneedawebsite.com's sole and absolute discretion. If
Uneedawebsite.com takes any corrective action under this
section, Customer shall not be entitled to a refund of any
fees paid in advance prior to such action. In the event
that a customer exceeds the included allocation,
Uneedawebsite.com may, at its sole discretion, collect a
deposit, in an amount determined by Uneedawebsite.com,
against customer's credit card on file with
Uneedawebsite.com.
System and Network Security: Users are prohibited from
violating or attempting to violate the security of the
Uneedawebsite.com Network. Violations of system or network
security may result in civil or criminal liability.
Uneedawebsite.com will investigate occurrences, which may
involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting Users who
are involved in such violations. These violations include,
without limitation:
Accessing data not intended for such User or logging into
a server or account, which such User is not authorized to
access.
Attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures without proper authorization.
Attempting to interfere with service to any user, host or
network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which
such User is not entitled.
Notification of Violation:
Uneedawebsite.com is under no duty to look at each
customer's or user's activities to determine if a
violation of the AUP has occurred, nor do we assume any
responsibility through our AUP to monitor or police
Internet-related activities.
First violation: Any User, which Uneedawebsite.com
determines to have violated any element of this Acceptable
Use Policy, shall receive an email, warning them of the
violation. The service may be subject at
Uneedawebsite.com's discretion to a temporary suspension
pending a User's agreement in writing, to refrain from any
further violations.
Second Violation: Users that Uneedawebsite.com determines
to have committed a second violation of any element of
this Acceptable Use Policy shall be subject to immediate
suspension or termination of service without further
notice.
We reserve the right, to drop the section of IP space
involved in Spam or Denial-of-Service complaints if it is
clear that the offending activity is causing great harm to
parties on the Internet. In particular, if open relays are
on your network or a customer's network, or if denial of
service attacks are originating from your network. In
certain rare cases, we may have to do this before
attempting to contact you. If we do this, we will contact
you as soon as is feasible.
Suspension of Service or Cancellation: Uneedawebsite.com
reserves the right to suspend network access to any
customer if in the judgment of the Uneedawebsite.com
network administrators the customer's server is the source
or target of the violation of any of the other terms of
the AUP or for any other reason which Uneedawebsite.com
chooses. If inappropriate activity is detected, all
accounts of the Customer in question will be deactivated
until an investigation is complete. Prior notification to
the Customer is not assured. In extreme cases, law
enforcement will be contacted regarding the activity. The
customer will not be credited for the time the customer's
machines were suspended.
Uneedawebsite.com reserves the right to amend its policies
at any time. All Sub-Networks, resellers and managed
servers of Uneedawebsite.com must adhere to the above
policies. Failure to follow any term or condition will be
grounds for immediate Cancellation. You will be held
responsible for the actions of your clients in the matter
described on these Terms and conditions. Therefore, it is
in your best interest to implement a similar or stricter
Terms and conditions or otherwise called Acceptable Terms
of use policy.
Indemnification: Uneedawebsite.com wishes to emphasize
that in agreeing to the Uneedawebsite.com Acceptable Use
Policy (AUP) and Terms of Service (ToS), customer
indemnifies Uneedawebsite.com for any violation of the
Acceptable Use Policy (AUP) and Terms of Service (ToS)
that results in loss to Uneedawebsite.com or the bringing
of any claim against Uneedawebsite.com by any third-party.
This means that if Uneedawebsite.com is sued because of a
customer's or a customer of a customer's activity, the
customer will pay any damages awarded against
Uneedawebsite.com, plus all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and
keep current, good contact information for you. E-mail,
fax, and telephone contacts are used, in that order of
preference.
A waiver by the Company of any breach of any provision of
this Agreement by Subscriber shall not operate as or be
construed as a continuing or subsequent waiver thereof or
as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement
without the prior written consent of the Company. Company
may assign Agreement at anytime without consent from or
notice to Subscriber. Company reserves right to cancel
customers rights under this contract at anytime without
further obligation.
Uneedawebsite.com takes no responsibility for any material
input by others and not posted to the Uneedawebsite.com
Network by Uneedawebsite.com. Uneedawebsite.com is not
responsible for the content of any other websites linked
to the Uneedawebsite.com Network; links are provided as
Internet navigation tools only. Uneedawebsite.com
disclaims any responsibility for any such inappropriate
use and any liability to any person or party for any other
person or party's violation of this policy.
Uneedawebsite.com is not responsible for any damages your
business may suffer. Uneedawebsite.com does not make
implied or written warranties for any of our services.
Uneedawebsite.com denies any warranty or merchantability
for a specific purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery, and
any and all service interruptions caused by
Uneedawebsite.com.
It is absolutely forbidden to host pornographic content or
IRC servers on Virtual Server Accounts. Virtual Server
Accounts found hosting this material will be subject to
immediate cancellation without refund.
Responsibility for Content: You, as Uneedawebsite.com's
customer, are solely responsible for the content stored on
and served by your Uneedawebsite.com server.
Backups: It is your responsibility to back up the files
and data for your account. While we do maintain our own
internal backups, we are not responsible for backing up
and restoring your data, even if it is destroyed due to
accident or malfunction of our equipment. If your data is
important to you, please back it up on your own computer.
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