Introduction
This Agreement between you and 2Bwebz
consists of these Terms and Conditions.
2BWebZ referred hereinafter as '2BWebZ',
'our', 'we' and 'us.'
All accounts on our web servers, including
reseller and resold accounts, are subject to
the terms and conditions described in this
document. Under the terms of this agreement,
your placement of information on our servers
is an acknowledgment that you have read,
understand, and agree to be bound by terms
and conditions below.
We reserve the right to change this policy
at any time without prior notification. We
encourage you to check here on a regular
basis. If you have any questions about our
usage policy please contact
the webmaster
User Conduct
Our services may only be used for lawful
purposes - any use of these services which
violates any laws which may apply to 2BWebZ,
your local jurisdiction, or any jurisdiction
that you or your site may be subject to is
strictly prohibited, it is your
responsibility to be aware of the laws in
both the jurisdiction of where our servers
are located in the US and your local
jurisdiction.
In particular, while using our services you
may not:
- Post or transmit any unlawful,
threatening, abusive, defamatory,
obscene, libelous, offensive,
pornographic, indecent, profane, or
otherwise objectionable information of
any kind, including without limitation
any transmissions constituting or
encouraging conduct that would
constitute a criminal offense, give rise
to civil liability, or otherwise violate
any law.
- Restrict or inhibit any other user
from using and enjoying the Internet.
2BWebZ reserves to the right to the final
decision on what constitutes abuse.
Resource Usage, Adult-Oriented Sites
Users may not do the following on our
servers:
- Run any process that over uses the
resources of the server.
- Run any type of interactive
real-time chat applications that require
server resources. Remotely-hosted
services are fully allowed.
- Run stand-alone, unattended
server-side processes at any point in
time on the server. This includes all
daemons, such as IRCD.
- Run any IRC software or any software
which connects to an IRC network.
- Run any site with adult-oriented
content (pornographic material) if you
are unsure as to what constitutes Adult
material please email
the webmaster
Account Violations
We take a zero tolerance stance against any
of the following activities:
- Spam Policy: Sending of unsolicited
e-mail, commonly known as spam. Any
domain which sends out spam will have
their account terminated.
- Denial of Service Attack Policy: Any
account launching a Denial of Service
from our server(s) against any other
server will be terminated without prior
notice.
- Server Exploiting Policy: Any
account who is attempting or has
attempted to successfully or
unsuccessfully exploit any of the
server's services, including but not
limited to the http server or ssh
server, or attempting to gain root
access will have their account
terminated without notice.
Should one of your resold accounts be
involved in any if these activities then
that domain will be suspended but your main
domain and all other domain you host will
remain active.
2Bwebz reserves the right to require changes
or disable as necessary any web site,
account, database, or other component that
does not comply with this policy. 2BWebZ
also reserves the right to make any such
modifications in an emergency at our sole
discretion.
Indemnification
You agree to indemnify, defend, and hold
harmless 2BWebZ from any and all liability,
penalties, losses, damages, costs, expenses,
attorney fees, causes of action or claims
caused by or resulting indirectly from your
use of the service which damages either you,
2BWebZ, or any other party or parties
without limitation or exception.
No warranties
2BWebZ makes no warranties or
representations of any kind for the services
being offered. The service is provided on an
"as is" and "as available" basis without
warranties of any kind, either express or
implied, including but not limited to
warranties of title, non-infringement, or
implied warranties of merchantability or
fitness for a particular purpose. No advice
or information given by 2BWebZ or its agents
or employees shall create a warranty. Under
no circumstances shall 2BWebZ be liable for
any direct, indirect, special, punitive, or
consequential damages that result in any way
from your use of or inability to use the
service, or for third parties' use of the
service to access your Web space, or to
access the Internet or any part thereof, or
your or any third parties' reliance on or
use of information, services, or merchandise
provided on or through the service, or that
result from mistakes, omissions,
interruptions, deletion of files, errors,
defects, delays in operation or
transmission, or any failure of performance.
You understand that by placing information
on 2BWebZ servers that such information
becomes available to all Internet users and
that 2BWebZ has no way of limiting or
restricting access to such information or
protecting such information from copyright
infringement. You assume total
responsibility and risk for your use of
2BWebZ servers and the Internet. It is
solely your responsibility to evaluate the
accuracy, completeness, and usefulness of
all opinions, advice, services and other
information, and the quality and
merchantability of all merchandise provided
through 2BWebZ or on the Internet generally.
Your use of the service is at your sole
risk. 2BWebZ is not responsible for files
and data residing on your account. You agree
to take full responsibility for files and
data transferred and to maintain all
appropriate backup of files and data stored
on 2BWebZ servers.
You agree not to interfere with the
operation of the system. You further agree
not to interfere with the proper operation
of other systems reachable through the
Internet, including any attempt at
unauthorized access. You agree to adhere to
system policies as published by 2BWebZ,
including restrictions on services available
with each service type, restrictions on
certain features, and all other policies.
You agree to abide by any and all future
2BWebZ policy decisions.
Payment & Other Information
You agree to supply appropriate payment for
the services received from 2BWebZ, in
advance of the time period during which such
services are provided. You agree that until
and unless you notify 2BWebZ of your desire
to cancel any or all services received,
those services will be billed on a recurring
basis.
Agreement Acknowledgment
This agreement supersedes any written,
electronic, or oral communication you may
have had with 2BWebZ or any agent or
representative thereof, and constitutes the
complete and total agreement between the
parties. Should any provision of this
agreement is determined to be invalid or
unenforceable, all other provisions shall
remain in full force and effect and said
provision shall be reformed only to the
extent necessary to make it enforceable.
By placing and continuing to maintain or
place information on 2BWebZ servers you are
stating and acknowledging that you have read
the aforementioned terms and conditions and
that you understand such terms and
conditions and agree to be bound by them.
Backups
Full backups are made daily. No guarantees
are made as to the integrity of these
backups. It is the clients responsibility to
maintain local copies of their web content
and information.
Uptime Guarantee
@BWebZ guarantee an uptime of 99% in any
calendar month. Should we not reach this we
will credit your account with 100% of your
monthly fee, upon receipt of a refund
request.
Cancellation Policy
Account can be canceled at any time. All
cancellation requests must be submitted by
emailing
the webmaster by the person listed as
the main account contact. While there are no
cancellation fees, you must cancel prior to
your next billing cycle. Payments made up to
your cancellation date are not refundable.
You must include your account username and
password for verification.
Miscellaneous
Any decision made by 2BWebZ under this
Agreement shall be final. 2BWebZ shall have
no liability for any such decision. You will
be responsible for all reasonable expenses
(including attorney fees) incurred by 2BWebZ
in collecting unpaid amounts under this
Agreement. This Agreement shall be governed
by the laws of the US. Any dispute or claim
arising out of or in connection with this
Agreement shall be adjudicated in the US.
This constitutes the entire agreement
between the parties with respect to the
subject matter hereof. You may not resell,
assign, or transfer any of its rights
hereunder. Any such attempt may result in
termination of this Agreement, without
liability to 2BWebZ and without any refund.
The relationship(s) between 2BWebZ and the
"Partners" is not one of a legal partnership
relationship, but is one of independent
contractors. This Agreement shall be
construed as if both parties jointly wrote
it.
United States of America, March 2009
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