WEBility agrees to provide Web Hosting Services, Web Design Services, Web Re-Design Services and Domain Name Registration to clients subject to the following:
1. WEBility's Services
WEBility requires an agreement be signed and returned with your deposit/payment.
- Click on the button "Agreement" to view the agreement.
- Click the print button on your browser to print it.
- Click the Back button on your browser to return to this page.
2. WEBility's Terms & Conditions
Customer agrees to abide by all stated Terms & Conditions including those stated in the written agreement. With reasonable prior notice to customer, WEBility reserves the right to change the Policies from time-to-time, in order to accommodate the needs of its customers, changing laws, and advancing technology.3. Billing & Payment
Customer agrees to pay WEBility for services requested and rendered. For design services a deposit is required before any work commences, with the remainder due upon completion. For hosting services the set up fee and first months hosting fee are due before the site is available on the internet.Monthly hosting service shall be pre-paid. An e-mail hosting bill will be sent on the 15th of each month, with payment to be received by the 1st of the following month to ensure there is no break in service.
Any payments not received by the due date will be subject to late charges. Accounts which exceed 15 days delinquent will be suspended until the outstanding balance is paid. The fee for re-activation will be $20.00 and the fee charged for a returned check will be $20.00.
4. Content
All services provided by WEBility may be used for lawful purposes only. Transmission, storage, or presentation of any data, material or information in violation of any United States Federal, State, City or Local law is prohibited. This includes, but is not limited to, copyrighted, patented or protected material, material that we judge to be obscene, threatening or illegal, or material protected by any other statute. In addition, we reserve the right to determine what might be considered sexually explicit. If your site contains material that you are unsure about, please let us know before placing your order. We also do not allow any form of Warez type content. This includes, but is not limited to, pirated software, hacking, and any sites which provide 'links to' or 'how to' information about such material.5. Spamming
WEBility DOES NOT permit spamming.
SPAM
- "US Code Title 47, Sec. 227(a) (2) (B), a computer/ modem/printer meets the definition of a telephone fax machine. By Sec. 227 (b) (1) (C), it is unlawful to send any unsolicited advertisement to such equipment. By Sec. 227 (b) (3) (C), a violation of the aforementioned Section is punishable by action to recover actual monetary loss, or $500, whichever is greater, for each violation."
The US Government has declared the practice of spamming unlawful, however, there are many gray areas.Our view at WEBility is as follows: Using our network or equipment to send unsolicited bulk e-mail in any fashion that contains references to a site or address hosted by WEBility or an e-mail address provided by WEBility is strictly prohibited. No bulk e-mail may be sent from any e-mail address provided by WEBility. Unsolicited includes sending more than three unwanted or un-requested e-mail messages at once.
6. Domain Name
WEBility does not charge a fee for registering a domain name with InterNIC.net. Customers will be billed direct by InterNIC for any and all fees due for such Domain Name Registration services. In the event a customer requires WEBility to register a new Domain Name on their behalf with InterNIC, WEBility will do so with the understanding that WEBility is not responsible for the ownership, billing, control, and use of the Domain Name.7. Terms
Any discounts are given on the understanding that the hosting term with WEBility is for a minimum period of 12 months. This Agreement shall automatically renew for a similar term thereafter unless otherwise agreed.8. Termination
WEBility retains the right to terminate this Agreement at any time for any reason by giving 30 days written notice. In this case, any hosting fees pre-paid by the client for full months not used will be refunded.If the client cancels their hosting agreement with WEBility, all outstanding hosting fees for the remainder of this contract are required to be paid as agreed.
Fees for design, setup and the first month's hosting service are not refundable.
9. Other Causes for Termination
In the event of any material breach of this Agreement, or breach of the WEBility Policies, WEBility will be the sole arbiter as to what constitutes a violation of these provisions. Non-compliance with these rules will result in instant cancellation of the offending account(s) without any refund. WEBility is not responsible for loss or damages resulting in the removal of an account, site or e-mail address due to violation of these provisions.10. Referrals Following Termination
If a Customer is required to move its Domain Name following any termination of this Agreement, WEBility will, for a period of 30 days, maintain the web site's URL. At such URL, WEBility will allow one Web Page (including a hypertext link) that Customer may use to direct its users to its new web site or other URL of Customer's choosing. However, WEBility will have no obligation to provide such referral if WEBility reasonably believes Customer is/was engaged in illegal or improper activities on the web site.11. Customer Warranties
By accepting the terms of this agreement Customer agrees that it will not post, upload, display, or otherwise distribute on the web site any Content that:
- Infringes on any copyright or patent rights of any third party.
- Violates any law or regulation, including without limitation the laws and regulations governing export control.
- Is trade libelous.
- Is obscene.
- Contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming defects which are intended to damage a user's system or data.
- Violates any other WEBility Policy.
12. Disclaimer of Warranties
Except as set forth herein, WEBility and customer each expressly disclaims all representations or warranties of any kind, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose.13. Indemnification
Customer agrees that it shall defend, indemnify, save and hold WEBility harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney fees asserted against WEBility, it's agents, it's customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless WEBility against liabilities arising out of:
- Any injury to person or property caused by any products sold or otherwise distributed in connection with WEBility’s server.
- Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
- Copyright infringement.
- Any defective products sold to anybody or company from WEBility’s server.
14. Limitations on Liability
Except for each party's respective indemnity obligations in section 13, in no event shall either party be liable for any special, incidental or consequential damages, or for interrupted communications, lost data or lost profits, arising out of or in connection with this Agreement.WEBility is not responsible for clients web site ranking within search engines.
The client is solely responsible for all advertising and marketing of their web site.
15. Miscellaneous Provisions
- This Agreement shall be governed by the laws of the State of Colorado. The prevailing party in any action will be entitled to reasonable attorney's fees and costs.
- If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions shall remain in full force and effect.
- The waiver of any breach of this Agreement will not operate as a waiver of any other or subsequent breach.
- This Agreement, including any attachment, constitutes the entire understanding and agreement between WEBility and Customer.
- Any notices required or permitted may be given by electronic mail or fax if receipt is confirmed by the recipient, or if the notice is also sent by first class mail. Notice will be deemed given on the date the electronic mail is sent.
16. Account Transfer
WEBility accounts cannot be transferred or used by anyone other than the Customer or Customer's family or appropriate business associates. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy.17. Legal Age
WEBility requires that its agreements be made with a person who has reached the age of majority (eighteen years old) and is allowed by law to enter into a contract. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. WEBility cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
18. Disclosure
WEBility has a strong corporate policy to respect and protect the privacy of its customers and their information that is stored on WEBility’s servers. WEBility will only access and disclose information as necessary to comply with applicable laws and government requests, to provide the WEBility services, to operate or maintain its systems or to protect itself or its customers. Customer agrees not to disclose proprietary information to any third party pertaining to the use of WEBility’s services. This includes passwords, protected customer areas, mail server information, or services provided on behalf of Customer by WEBility without the express written permission of WEBility.
