The Business Website Club's "Fine Print"
Terms and Conditions of Business
These terms of business apply to all hosting plans and domain name registration services. They do not apply to dedicated server products. We reserve the right to change these Terms at any time.
"We" or "Us" or "The Company" includes The Business Website Club, CPG & Associates or any party acting on our implicit instructions
"You" includes the person purchasing our services or any party acting on the customer's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions
. "The Registry" is the relevant domain names Registry. "Server" means the computer server equipment operated by us in connection with the provision of the Services.
"Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet.
In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this Agreement .
"We" or "Us" or "The Company" includes The Business Website Club, CPG & Associates or any party acting on our implicit instructions. "You" includes the person purchasing our services or any party acting on the customer's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" is the relevant domain names Registry. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet.
In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this Agreement:
1. Domain Name Registration
1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them.
1.3 You shall have no right to bring any claim against us in respect of refusal to register a domain name.
1.4 Any administration charge paid by you to us shall be nonrefundable notwithstanding refusal by the Registry to register your desired name.
1.5 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.
1.6 We shall not release any domain to another provider unless full payment for that domain has been received by us. We are personally responsible for allocation/alteration of nameserver details and do not provide you with this facility.
1.7
We reserve the right to reclaim ownership of a domain in the event of non-payment for services rendered in the execution of servicing an account associated with the domain. This includes non-payment of any agreed design costs if applicable.
2. Web Site Hosting And Email
2.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2.2 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
2.2.1 You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
2.2.2 You will not upload, post, link to or transmit (violation will result in immediate termination of services):
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
2.2.3 You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email. We employ additional methods of limiting excessive bulk mailing to protect resources and reputation.
2.2.4 We have a zero tolerance for Unsolicited Commercial Email (UCE) that is in any way associated with The Business Website Club, C.P.G. & Associates, its clients, or any of its client's associates. Customers are prohibited in anyway whatsoever from using UCE as a means of advertising data or services to distribute such materials. Please review the information at http://spam.abuse.net for more information on what constitutes UCE, or 'Spam.' Infringements of our UCE policy can result in any one of the following:
A warning, via E-mail or telephone.
Removal of DNS for the advertised or originating site.
Temporary shutdown of the server or a block on outgoing mail.
Permanent disconnection of service without refund.
Infringements of this policy include, but are not limited to:
Attempting to transmit an e-mail via our services from a domain name that is not resident on our network.
Sending mail to users who have not specifically requested to receive such mail, including opt-out mailing lists. If the customer claims that the mailing was opt-in, then the onus is on the customer to prove this, either by showing an opt-in mail request, and/or the IP address and date and time of the signup. Please ensure that all opt-in mail is confirmed opt-in, ie the user is sent a signup confirmation which requires them to reply or click on a web link to confirm their registration, designed in such as way as to make it impossible for someone to sign-up a thirdparty either by accident or deliberately.
Sending, being involved in sending, or employing a third party to send mail which advertises or mentions a site hosted at The Business Website Club and/or C.P.G. & Associates to users that have not specifically requested this mail.
Forging of message headers to mask the originator of the message.
Harassment, whether through language, frequency, or size of messages, is prohibited.
2.2.5 You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
2.3 We reserve the right to remove any material which we deem inappropriate from your Web Site without notice to you.
2.4 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
2.5 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
2.6 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.9 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
2.10 Any access to other networks connected to us must comply with the rules appropriate for those other networks.
2.11 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email or Services.
2.12 If ownership, administration, technical or billing details require amendment, a $50.00 administration surcharge is applicable per domain.
2.13 Changes to nameserver details are normally free for the first change per domain. Any subsequent changes will incur an administration surcharge of $50.00.
2.14 Any reference to unlimited webspace or bandwidth with some account types means unlimited space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any backups, downloads, or other non-web based content. We will also treat all password protected archive (e.g. zip and rar) files as unacceptable.
3. Resellers and Partners
3.1 If you are or become a partner to our Services you will continue to be bound by these terms and conditions and you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these.
3.2 You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us.
3.3 No default by your customers shall in any way affect, modify or limit your obligations under this Agreement.
3.4 We do not authorize you to sell our services under your own brand for the direct use of your clients only. You may not permit your clients to resell the services You provide, or resell the Services We provide.