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Terms of Service
This Agreement, is made and entered by Portal Links Inc., ("Provider"), and you, ("User").
Intending to be bound in accordance with the terms hereof, the parties agree as follows:
A. Payment for Service
- The date that user signs up for a new account and charges have
been processed is the user's Anniversary Date. Future charges will occur on the user's anniversary date
for quarterly, half-annually or annually fees. User agrees
to pay any initial setup fees associated with the services.
- User agrees to allow Provider to charge or debit the initial
amount owed, together with any additional charges, costs or
assessments made by Provider under the terms hereof.
- User understands that Provider will automatically charge or debit User's
account for monies owed on a recurring quarterly, half-annually or annually
basis on the user's anniversary date each 3, 6 or 12 months, unless User
cancels his/her account before their anniversary date, by email to
cancellation@womedia.net or by filling out Cancellation Form in Customer Panel.
- Provider reserves the right to charge User's account for
renewals after the user's anniversary date, but never before their
anniversary date.
- User agrees that any unpaid balance due hereunder shall bear
interest at the rate of 20% per annum, and that costs of
collection, including collection agency fees, court costs, and
reasonable attorney fees shall be added as principal amounts to
such balance.
- User understands that credit card fraud will not be tolerated
and will be prosecuted to the fullest extent of the law. Provider
reserves the right to require a signed credit card authorization
form from the user on any card user wishes to use for payment.
B. Use of Service
- User agrees to maintain his/her site(s) in a
manner consistent with any and all applicable laws, regulations,
acceptable uses, and standards in effect, or which become in
effect, during the term hereof.
- User agrees to practice common courtesy in its use of the site,
and to refrain from using any distribution lists for
electronic mail or other techniques for unsolicited mass mailing /
spamming.
- User agrees that the Provider provides a multi-user system,
and as such, Provider reserves the right to disable any cgi
scripts or other programs that hog system resources (memory and/or
cpu power) and ask User to refrain from future usage of the
offending script/program.
C. Service Disclaimers
- Provider will take all steps reasonable, necessary, and
prudent to protect against failure of its equipment and software.
User acknowledges and agrees that temporary, however rare,
interruptions in service may occur, and that Provider shall have
no liability to User for any claim, cost, charge, loss, or expense
arising from or relating to use of the website or server.
- User acknowledges and agrees that data may be lost or
corrupted in connection with use of the website by means of
mechanical failure or any other unexpected means. User understands
that Provider will not perform regular data backups.
- User recognizes that it is his/her responsibility to keep
backups of all site data on your local computer. In the rare event
that data is lost or corrupted, it will be the User's
responsibility to re-upload the site's files to the server.
- Provider reserves the right to alter the access procedure and
its vendor relations without notice to, or authority from the
User.
- Provider reserves the right to change your ip address at any
given time, however unlikely, in the future to comply with ARIN ip
block usage and renumbering regulations, however your domain name
will always work the same.
D. Term and Termination
- This agreement shall have an initial term of one month from
the date of execution hereof, unless otherwise specified by
contract. Upon expiration of such term, this agreement shall
automatically renew for successive monthly periods, unless notice
is given by either party of its intent to terminate the agreement
before the end of the user's anniversary date. All terms and
conditions of this agreement shall be in full force and effect
during all original and renewal periods hereunder.
- User has a 30 days refund policy. If User emails a cancellation to us within the
first 30 days from the time of account signup, the User will
receive a refund of monies paid. After the 1st 30 days, all sales are final.
- Provider reserves the right to terminate this agreement, and
to delete the website from its hardware, immediately upon the
occurrence of any of the following events:
- Current or future denial of credit card charge or checking
account debit.
- Non payment of any charges due from User.
- Breach of any term or condition of this agreement by User.
- Commencement of any lawsuit or proceeding against User
arising from or relating to its use of the website, whether or
not such suit names Provider as a party or seeks a recovery from
Provider.
- Any attempt by User to undermine the server, cause harm to
the server, or hack the servers.
- Spamming by any means (see separate section below on
spamming).
E. Indemnification of
Provider/Relationship of Parties
- User agrees to indemnify and hold Provider harmless from any
lawsuit, claim, charge, or expense, including reasonable attorney
fees and costs of defense, for any matter arising from or relating
to User's website(s).
- User agrees to indemnify and hold Provider harmless from any
lawsuit made by User regarding services given by Provider.
- Nothing contained herein shall be deemed to create a
relationship between the Provider and User in the nature of a
partnership, joint venture, editor/publisher or otherwise. Both
parties acknowledge and agree that Provider has no interaction
with the data or substance of User's website(s), except as
necessary to maintain the website(s) upon request by User.
F. Security/Software
- User agrees to take all steps reasonable, necessary, and
prudent to protect User's login id and password.
- User agrees not to attempt to undermine or cause harm to any
server or customer of Provider.
- User acknowledges that Provider cannot provide technical
support for any software and/or script that the User installs,
other than variable name changes. User also acknowledges Provider
does not supply direct technical support for Microsoft FrontPage.
G. Content
- No bots (irc or otherwise) will be allowed to exist and/or run
from our servers... no exceptions!
- The Provider believes in freedom of speech. As long as the
User's content does not break any Canadian Federal, Provincial, or local
laws it will be allowed to exist on the User's website.
- User is responsible for any content they place on their
website or server, or any content they allow via anonymous ftp.
User agrees that the content of your website does not necessarily
reflect the ideas or views of the Provider, and User will never
state or construe as such.
- Although the Provider will never sell the personal information
of the User, the Provider will fully cooperate will all law
enforcement if a User has suspected of having broken Federal,
State, or local law, including credit card fraud.
- The Provider reserves the right to remove any page(s) at any
time, as long as the User has been contacted and given the chance
to correct the offending page(s).
- The Provider does not offer web site design or upkeep
for adult oriented sites... this will be the responsibility of the
User.
- User must use only third party cgi scripts and not write
his/her own scripts in perl or any other programming language
unless you know what you are doing and are experienced at writing,
testing, and executing cgi scripts. If you do write your own
scripts, you cannot do the initial testing of the scripts on our
virtual shared servers... the servers *are not* a testing ground
for your untested cgi scripts... no exceptions... you can install
Perl on your local machine and test your perl scripts, even on a
Windows based machine (see www.perl.com). Further, if Provider
finds that a poorly written or untested script (or any script for
that matter) is causing harm or imbalance to the shared server by
hogging system resources, particularly cpu and/or memory, the
Provider has the right to disable and/or remove the cgi script and
deny its further usage on the server. You will be notified via
email if this happens.
- Examples of non-acceptable content or links: Pirated software,
Hacking programs or archives, Warez Sites, MP3 Files, Spamming Software.
H. Commercial Advertising -
Email
- Spamming (the sending of unsolicited email or other messages)
is STRICTLY prohibited.
- User will be fined $150.00 for
each instance of spam that gets reported to the Provider... no
exceptions! User agrees ahead of time that this may be done on
his/her credit card.
- None of the following will be tolerated:
- The sending of any unsolicited email mentioning an email
address for any domain hosted by the Provider, regardless of
origin.
- The sending of any unsolicited email mentioning a domain
hosted by the Provider, regardless of origin.
- The sending of any unsolicited email mentioning an IP
address hosted by the Provider, regardless of origin.
- The use of any pop/smtp box on our servers to send mass
unsolicited email through.
- The advertising of any IP address, email address, or domain
hosted by the Provider via mirc, icq, aim, napster, kazaa, bots,
chat, or any other methods used for possible spamming.
- Spoofing, smurfing, mail bombing, hacking, cracking,
flooding, and denial of service (DOS) attacks to/from our
servers all count as intolerable actions and fall under the same
consequences as spamming, including but not limited to:
termination of your account and fines being imposed.
- Provider will be the sole arbiter and will make the final
decision as to what constitutes a violation of this provision.
I. Scope of Agreement
- This agreement must be honored by all sub domains and
addon domains of the Provider purchased and/or sold by the
User.
- If you resell your account in part or in whole, the person you
sell it to must abide by these policies. You will be responsible
for their actions since the account is in your name.
Violation of any terms or conditions are grounds for immediate
account deactivation, with no refunds given. We reserve the
right to remove any account from our servers.
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