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| The terms and conditions set forth herein constitute
the full and complete agreement between you and Web Spinners. Your agreement to be bound by these terms is acknowledged by your use of the Web Spinners'
Web Site, Hosting Services, Support Services and/or any Web Spinners software made available to you. The terms contained
herein supercede and replace any other agreement or negotiation between you and Web Spinners whether oral, written or otherwise including any statements made by any representative of Web Spinners at any time. |
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| 1. Fees: Payment of Fees |
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| 1.1 Fees - Web Spinners charges the following fees where
applicable. All such fees are subject to change with 30
days notice.
1.1.1 Service Fees - includes monthly web hosting fees
and overusage charges (e.g. bandwidth, disk space, etc)
1.1.2 Domain Registration Fee
1.2 Web Spinners reserves the right to offer subsequent
promotional rates, which may or may not be more favorable
than the terms under which you entered this agreement.
Any such periodic special rates shall not affect the
then existing rights and responsibilities of each party.
Web Spinners also reserves the right to change the rate
charged for any such fee under this agreement with 30
days notice.
1.3 Web Spinners does not charge SET UP FEE for new web hosting
accounts on existing hosting packages. In some instances
Web Spinners may charge a setup fee for CUSTOMIZED hosting
packages as well as it's periodic service fee which
in some cases may be refundable as further set forth
elsewhere herein. Web Spinners also
reserves the right to alter, change, amend or delete
charges at it's sole option. Web Spinners further reserves
the right to institute new services and charge fees
in association with the provision of such new services
as it deems appropriate.
1.4 Payment of Fees - Web Spinners accepts payment by
Credit Card (Visa, MasterCard or American Express) or PayPal.
1.5 Payment by Credit Card
1.5.1 Prior to activation of your user account and
at any applicable time thereafter you agree to allow
Web Spinners to charge your provided credit card and at
stated regular intervals the agreed service fee amount
for the stated period together with any Web Spinners set-up
charges, registration fees, overusage fees, and/or any
other charges outlined herein as may be applicable.
You further authorize Web Spinners to charge your credit
card for all subsequent period fees at, or a reasonable
period (normally 5 days before last day of the month)
in advance of, the commencement of any such subsequent
period. You agree to maintain current valid existing
credit card information with Web Spinners for the purpose
of satisfying the Web Spinners charges as they become
due. Refusal or rejection of any such charge or any
portion thereof is grounds for account suspension and/or
termination at the sole option of Web Spinners under Paragraph
8 herein. All account cancellation and/or change requests
must be received by Web Spinners 5 days before last day
of the month and/or scheduled billing for the billing
period. Whereas account cancellation and/or change request
is not received as contained above such request is will
not be honored for the billing period and will not prevent
your account from renewing accordingly and your credit
card from being charged.
1.6 Payment by PayPal/Check
1.6.1 Prior to activation of your user account you
agree to submit a check payable in U.S. dollars against
a bank located within the United Kingdom. Web Spinners
is under no obligation to initiate service until the
proceeds of such check have been cleared by such financial
institution and have been received by Web Spinners. Invoices
will be submitted to you as a courtesy only. Payment
for subsequent fees is due and payable immediately upon
invoice and in no instance later than the expiration
of the last day of the previous period without regard
to any invoice. It is your responsibility when paying
by check to make sure that your payment is received
by Web Spinners. An administrative fee of $25.00 will
be charged for the refusal, rejection or return of any
such check for any reason whatsoever or any portion
thereof. In addition, refusal, rejection or return of
any such check for any reason whatsoever or any portion
thereof is grounds for account suspension and/or termination
at the sole option of Web Spinners under Paragraph 8 herein.
All account cancellation and/or change requests must
be received by Web Spinners 5 days before last day of
the month and/or scheduled billing for the billing period.
Whereas account cancellation and/or change request is
not received as contained above such request is will
not be honored for the billing period and will not prevent
your account from renewing accordingly.
1.6.2 It is recommended that in order to avoid any
service interruption that you submit your payment to
Web Spinners a sufficient time before the expiration of
the current service period so that it reaches Web Spinners
in advance of the renewal date.
1.7 Each of Web Spinners's shared hosting packages carries
a 30 days money back guarantee. Domain name registrations, Virtual Dedicated Server (aka Virtual Private Server), SSL Certificates, and dedicated servers orders do not qualify for the
30 days money back guarantee. If you are not completely
satisfied with our shared web hosting services within the
first 30 days of usage, you will be given a full refund
of the monthly fees excluding setup fees (where applicable),
add-ons, overages, domain name registration, ssl certificate, virtuan dedicated server (aka virtual private server), or dedicated server fees. Setup fee will be retroactively charged
if waived or discounted in the original charge. Setup
fees are only refundable if the account order is canceled
prior to activation. In order to receive a refund you
must contact Web Spinners within the first 30 days following
your account activation. No refunds will be given after
the 30th day. No refunds will be given for accounts
cancelled because of violating Web Spinners's Terms of
Service.
1.8 Account cancellations is immediate and executed
within 24 hours. Web Spinners does not recognize scheduled
and future date account cancellation requests - you
hereby agree that you must request cancellation at the
exact time you want to cancel (no later than 5 days
before the end of the month). You also agree to not
demand/request future cancellation dates and understand
that such demand/request will not be recognized by Web Spinners.
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| 2. Web Hosting Services |
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| For the term of the agreement as set forth herein Web Spinners
agrees to provide web hosting services according to the plan
selected by you upon activation of your account. Web Spinners
reserves the right to change, amend and/or otherwise alter
the services provided with equivalent or otherwise equal
services without prior notice to you. |
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| 4. Acceptable Use |
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| Web Spinners strictly enforces compliance with its acceptable
use terms under this paragraph (4) four. You agree to
maintain your website in full compliance with the terms
set forth below. Failure to so comply is cause for immediate
suspension and possible termination under paragraph (8)
herein.
4.1 You agree that you will not violate the laws, regulations,
ordinances or other such requirements of any applicable
Federal, State or local government.
4.2 You agree not to cause any harm to minors of any
kind or to perform any activity, which is likely to
cause such harm.
4.3 You agree not to take any action, which encourages
or consists of any threat of harm of any kind to any
person or property
4.4 You agree not to transmit any unsolicited commercial
or bulk email. You will not engage in any activity known
or considered to be "spamming" or "Mail
Bombing"
4.5 You agree not to make any inappropriate communication
to any Newsgroup, Mailing List, Chat Facility, or other
Internet Forum.
4.6 You agree not to make or attempt any unauthorized
access to any Web Spinners website or the website of any
Web Spinners customer.
4.7 You agree not to infringe any copyright, trademark,
patent, trade secret, or other proprietary rights of
any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the digitization
and distribution of photographs from magazines, books,
or other copyrighted sources, and the unauthorized transmittal
of copyrighted software.
4.8 You agree not to collect or attempt to collect
personally identifiable information of any person or
entity without their express written consent. You shall
maintain records of any such written consent throughout
the terms of this agreement and for three years thereafter.
4.9 You agree not to undertake any action, which is
harmful or potentially harmful to the Web Spinners server
structure.
4.10 You agree not to sublease your account, www.yourcompany.com/client,
or offer free space to other clients. Our web plans
are for single users only.
4.11 You agree not to run a banner exchange, free adult
tgp (thumbnail gallery post) and free adult image galleries
on your website.
4.12 You agree not to run any background and/or listening
processes. You also agree not to engage in any activity
(through your code, processes, jobs, etc) that will
affect the server and/or customer accounts on the said
server.
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| 5. License: |
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| Web Spinners pursuant to the terms and conditions set
forth herein hereby grants you a non-exclusive, limited,
personal, non-transferable license to use the Web Spinners
Web Hosting Service for the term of the agreement as set
forth herein. |
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| 6. Ownership of Intellectual Property;
Confidentiality |
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| 6.1 It is understood and agreed that during the term
of this agreement and thereafter you may come into possession
of information which is the confidential and proprietary
information of Web Spinners including but not limited to
the Web Spinners customer service and maintenance tools.
You acknowledge that all right and title to any such Web Spinners
intellectual property shall remain the sole property of
Web Spinners and that you have no right, title or interest
therein. You further agree not to provide access to the
Web Spinners services to any third party. You agree yourself
and not to assist any third party in any way to translate,
decompile, reverse engineer, disassemble, modify, reproduce,
rent, lease, lend, license, distribute, market or otherwise
dispose of any portion of the Web Spinners Services. Any
and all right or title to any engineering, coding, programming
or customer service work around or other modification
of the Web Spinners service shall also remain the sole property
of Web Spinners.
6.2 During the term of this agreement you may have
access to certain information and materials relating
to the Web Spinners business, customers, software technology
and marketing which Web Spinners treats as confidential
(hereinafter "Confidential Information").
You agree to at all times during the term of this agreement
and otherwise as set forth herein: (i) hold in confidence,
and not disclose or reveal to any person or entity,
any "Confidential Information" without the
express prior written consent of Web Spinners; and (ii)
not use or disclose any of the "Confidential Information"
for any purpose at any time, other than pursuant to
your rights under this agreement for the purpose intended.
These obligations shall continue indefinitely for so
long as the Confidential Information is a trade secret
under applicable law and shall continue for three (3)
years following termination of this Agreement with respect
to Confidential Information, which does not rise to
the level of a trade secret.
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| 7. Term: |
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| The initial term of this agreement shall be the billing cycle you selected during sign up with automatic renewal for subsequent billing cycle after the expiration of the initial term. You hereby agree that you must notify Web Spinners of your intention to cancel your account 5 days before the last day of the month in which your account is scheduled for expiration to prevent automatic renewal. Web Spinners reserves the right to accept pre-payment of renewal periods and may from time to time offers financial incentives for such pre-payment. The term of the agreement, however, shall remain billing cycle period you selected during sign up. |
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| 8. Suspension and Termination: |
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| 8.1 Suspension - At the sole option of Web Spinners for
any reason set forth herein or in the event that you breach
any term of this agreement including but not limited to
Section 1 (Payment of Fees) and Section 4 (Acceptable
Use Policy) Web Spinners may suspend your account by deactivating
any access by you or by web users to any information contained
on the Web Spinners servers related to your account while
maintaining the information and data related to your account
upon the Web Spinners servers. Suspension shall specifically
include the disabling of your hosted domain and/or any
access to information or data related to your account.
In the event of any such suspension you will be notified
and given an opportunity to correct such breach. In the
event that such breach is not corrected within ten (10)
days the account may be terminated under paragraph 8.2.
Service charges will continue to accrue on suspended accounts
as if they were not suspended. You will remain responsible
for the payment of any such charges during any such period
of suspension.
8.2 Termination - This agreement and all of its terms
shall remain in full force and effect until it is terminated.
Termination shall include the removal of any and all
of your information from the Web Spinners servers. Such
information or data may or may not be made available
to you by Web Spinners after any such termination. This
agreement may be terminated either (a) after a period
of suspension as set forth in paragraph 8.1 or (b) by
either party upon 30 days notice in advance of a renewal
period for any reason.
8.3 In the event of termination under paragraph 8.2(a) and/or 8.2(b)
there will be no refund provided to you. In addition,
Web Spinners may charge you an additional termination
fee not to exceed $100.00 at its sole option. The assessment
of this termination fee shall not effect the rights
of Web Spinners to recover from you losses, damages, indemnity,
defense costs, expert costs, collection costs and/or
attorneys fees or other costs of any kind as may be
applicable under Maryland Law
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| 9. Notice: |
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| 9.1 Any notice under this agreement shall be given by
Web Spinners to you via email at the address provided by
you to Web Spinners at the commencement of this agreement
or as Web Spinners is subsequently advised. Notice to you
at this address is deemed sufficient regardless of your
receipt of such email. If you wish to update your email
address you should do so at this page.
9.2 Any notice by you to Web Spinners shall be made by
email to a customer service representative at support@Web Spinners.com
during Web Spinners regular business hours of 9:00 a.m.
to 5:00 p.m. BST. Such notice may also be sent via mail
to the following Address:
Web Spinners Ltd
63, Chatsworth Road,
Abbeymeads, Swidon,
SN 25 4TT,
UK
Tel: 44 01793721589 Fax: 44 01793721974
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| 10. Survival |
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| Sections 1, 3 through 6, 8, 9, 11, 12, and 14 through 18, inclusive, of this agreement shall survive the termination
of this agreement and shall remain in full force and effect after any such termination. |
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| 11. Warrantees and Limitations |
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| 11.1 Web Spinners makes every reasonable effort to maintain
operation of the Web Spinners service however because as
many events and circumstances are beyond the control of
Web Spinners, Web Spinners does not in any way warrant or
otherwise guarantee the availability of the Web Spinners
system or servers and is not responsible for any delay
or loss of data, lack of connection, slow connection,
or any other such issues whether due to the active or
passive negligence of Web Spinners.
11.2 THE Web Spinners SERVICE IS PROVIDED TO YOU ON AN
"AS IS" BASIS, AND WITHOUT ANY WARRANTY OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE.
11.3 In general, Web Spinners has no control over information
contained on the Internet. Information obtained by you
from the Internet may be inaccurate, offensive or in
some cases even illegal. Web Spinners accepts no responsibility
for any information, which you receive from the Internet.
You accept full responsibility to verify the truth and
accuracy, legality and ownership of the information
that you obtain from the Internet as well as the reputation
of the individuals with whom you may deal. Web Spinners
provides no warrantee for any goods or services, which
you obtain over neither the Internet nor the compatibility
of any such services with the Web Spinners system.
11.4 You specifically hereby waive any claim for damages
of any kind whether direct, indirect, special, exemplary,
punitive, incidental or consequential, loss of profits
or loss of business as the result of any action taken
in response to any claim of copyright infringement without
regard to whether or not the material claimed to have
been infringing is later found to be infringing.
11.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE
TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT,
NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER
INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF
SERVICE FEES PAID BY YOU TO Web Spinners IN THE THREE
MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT
TO SUCH REMEDY. IN NO EVENT SHALL Web Spinners BE LIABLE
FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF
BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION
WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
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| 12. Indemnity |
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| 12.1 You agree to fully defend and indemnify and hold
harmless Web Spinners of and from any and all third party
claims, causes of action, demands, costs, damages including
both direct and consequential damages, specifically including
attorneys fees and costs, expert fees and costs and mediation
and/or arbitration fees and costs incurred (whether paid
or not) as the result of any breach or claim of breach
of this agreement or your negligence whether active or
passive or any negligence of Web Spinners in any way related
to your use of the Web Spinners service or any portion thereof.
12.2 You agree to fully defend and indemnify and hold
harmless Web Spinners of and from any and all third party
claims, causes of action, demands, costs, damages including
both direct and consequential damages, specifically
including attorneys fees and costs, expert fees and
costs and mediation and/or arbitration fees and costs
incurred (whether paid or not) as the result of any
violation or claimed violation of any copyright or other
intellectual property right of any third party which
is in any way related to your use of the Web Spinners
service or any portion thereof. Choice of counsel remains
exclusively that of Web Spinners
12.3 You agree that upon the assignment of your user
ID and password that you will maintain the confidentiality
of your account information and assume all responsibility
of and from any loss, theft or other destruction of
any data as the result of any access to your account
via the use of your user ID. You further agree to defend
and indemnify and hold harmless Web Spinners of and from
any and all third party claims, causes of action, demands,
costs, damages including both direct and consequential
damages, specifically including attorneys fees and costs,
expert fees and costs and mediation and/or arbitration
fees and costs incurred (whether paid or not) as the
result of any claim for damages in any way related to
the disclosure of your confidential User ID and Password
information. Choice of counsel remains exclusively that
of Web Spinners.
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| 13. Force Majeure |
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| Either party to this agreement shall be excused from
any delay or failure in performance hereunder caused by
reason of any occurrence or contingency beyond its reasonable
control, including but not limited to, acts of God, earthquake,
labor disputes and strikes, riots, war, and governmental
requirements. The obligations and rights of the party
so excused shall be extended on a day-to-day basis for
the period of time equal to that of the underlying cause
of the delay. |
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| 14. Assignment |
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| This agreement and the rights hereunder is not assignable
or transferable except that Web Spinners may assign it's
rights hereunder to any person or entity who shall become
a principal owner, or shareholder of Web Spinners. Any other
attempted transfer or assignment of rights hereunder shall
be null and void ab initio. |
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| 15. Severability |
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| If any term, clause or provision hereof is held invalid
or unenforceable by a court of competent jurisdiction,
such invalidity shall not affect the validity or operation
of any other term, clause or provision and such invalid
term, clause or provision shall be deemed to be severed
from the Agreement. |
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| 16. Choice of Law |
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| This Agreement shall be interpreted under the laws of
the UK without regard to any conflict
of laws provisions. Any action between the parties to
this agreement for the breach of this agreement or any
action or claim in any way relating thereto shall be venue
in the Superior Court of the UK. The parties to this agreement hereby consent
to jurisdiction in that court and agree to accept service
by mail and hereby waive any defense of any kind related
to jurisdiction or venue. |
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| 17. No Agency |
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| Notwithstanding any other provision of this agreement,
Web Spinners is not your agent, partner or joint venture
in any respect. |
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| 18. Amendment |
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| Web Spinners may without advance notice amend this Agreement
from time to time, and will do so by posting the new Agreement
on the Web Spinners' web site in place of the old. Each and
every such amendment shall be become effective immediately
for all pre-existing and future accounts |
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| 19. Miscellaneous |
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| 19.1 Web Spinners will take action against any parties
found in violation of this Terms of Service. Web Spinners
reserves the right to terminate service at any time and
without warning when a violation of our Terms of Service
has occurred.
Any complaints regarding prohibited use or other abuse
of the Web Spinners's services, including violations of
this Acceptable Usage Policy, should be sent via e-mail
to Web Spinners at: abuse@webspinners.com. Include all
applicable information that will assist Web Spinners in
investigating the complaint, including all applicable
header lines of forwarded messages, traces, and logs.
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| Our Sales and Technical Support Staff are available 24 hours 7 days a week. Call now If you have any question |
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| Call: 44 7909822131 |
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| Now |
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