WEBster Computing Services - SYSTEM RULES AND POLICIES

The following terms and conditions apply to all services offered by WEBster Computing Services.
All clients (otherwise referred below as "you" or "customer" or "client") and all staff of WEBster Computing Services are required to agree to and abide by the following without exception:

• Account payment:
• Refunds or adjustments will not be given for any charges which are more than 60 days old.  It is the client's responsibility to contact us before that time has elapsed.
• Prepayment and renewal:
• Clients agree to PRE-PAY for the selected service period on their accounts in advance. All accounts renew automatically and will be billed seven days before their renewal date unless formally cancelled. Unused portions of the selected service period are non-refundable. IE if you pre-pay for three months and cancel in you second month, the remainder of the period is not refundable.
  
• Prices, fees and services are subject to change at any time.
• Account upgrades or downgrades are possible on some account types.  A minimum $10 setup fee applies for an account type change.
• 30 day refund policy: If client is not satisfied with website storage account, client may receive a refund for your first month of account fees.  Stipulations are as follows:
• Setup fees are non-refundable.
• Domain registration fees are non-refundable.
• You must let us know that you wish to cancel your account within the first 29 days of your service.  (29 days after account activation).
• Signing up for the wrong service or changing your mind after the account has been setup is NOT grounds for a refund.
• Refunds of any kind are not available for dedicated servers.
• Unmetered bandwidth policy: Unmetered bandwidth or traffic is NOT unlimited bandwidth of traffic. Unmetered means we allocate you a specific portion of access to a data line. You can then access that data line up to its allocation. We deserve the right to revoke or cancel the availability of unmetered bandwidth at any time.

Domain name registrations and transfers:

• Clients registering a domain name or requesting domain name registration through WEBster Computing Services are required to agree to the terms and conditions of the INTERNET COUNCIL OF REGISTRARS REGISTRATION AGREEMENT and the INTERNET COUNCIL OF REGISTRARS DOMAIN NAME DISPUTE POLICY.  Clients registering .CA domains are additionally required to agree to the terms and conditions of CIRA. By registering a domain name or requesting a domain name registration, you agree to fully abide by the terms and conditions set forth by these organizations.
• Initial domain registration covers the first year of domain ownership. For additional renewal pricing see http://www.webcs.com/domains.
• Renewals:  Renewal payments must be paid at least 48 hours prior to the listed due date listed at here.  Customers who have an active website account with us and a valid and working credit card on file will be automatically charged 15-30 days prior to your due date unless you otherwise notify WEBster Computing Services. Other customers must renew manually.
• Domain registration fees or renewal fees are non-refundable after the point of domain registration.
• You agree that WEBster Computing Services is not responsible for domain name deletions, human error, problems due to non-payment, and domain registry errors.
• You agree that failure to supply us with fully valid contact information may result in cancellation of a domain name. You agree that failure to abide by all domain registration rules required by third party domain name authorities may result in cancellation of a domain name.

Hardware and Software:

• All hardware and software provided is the sole property of WEBster Computing Services and is rented during the time client uses our services.  Hardware and software is in no way the property of the client.  This includes dedicated servers.

Failure of payment:

• In the event any payment to WEBster Computing Services is rejected, bounces or is refused, client has the absolute obligation to repay WEBster Computing Services for the original amount (plus a $25 service charge for each bounced, returned or rejected check, or canceled credit card transaction).
• Clients are required to pay received bills, statements and invoices promptly.
• Accounts with overdue balances will be charged a $5.99 late fee per month.

Downtime and Loss:

• WEBster Computing Services strives to bring you the best support.  A suspension in services for a period exceeding 24 straight hours in any one month time period, found to be the fault of WEBster Computing Services, will result in an account fee refund to the client in question for that time frame (Month total cost - day's cost = new cost); however WEBster Computing Services is not responsible for:
• Gaps in internet service due to natural disasters.
• Gaps in internet services due to outside influences such as phone companies and high volumes of external internet traffic, as well as any external factors which WEBster Computing Services has no control over.
• Losses that a company or client may incur exceeding the monthly account charges applied by WEBster Computing Services to the client.
• Client manhour or business losses of any kind.
• Under no circumstances is WEBster Computing Services responsible for a client's financial losses as a result of a lapse in any service or for any other reason.
• WEBster Computing Services is also not responsible for the billings of third party companies such as domain registries or the INTERnic; thus, we are not responsible for any form of refund or reimbursement in relation to your dealings with these companies.
• Client agrees that WEBster Computing Services is not responsible for any loss resulting in delays in domain transfers or registrations from a domain name registry. All website accounts start billing immediately when said account becomes active, not when a domain name registry transfers or maps your domain to your account here.

Intellectual Property:

• World Wide Web pages, programming, scripts and sites designed by WEBster Computing Services are property of WEBster Computing Service, unless designed by account owner(s) themselves or otherwise agreed to.

Cancellation of Accounts and Servers:

• Clients may request a cancellation in services at any time.  Cancellation must come from a previously verifiable account owner.  The client agrees to pay for the complete service period they are currently in regardless of when the client requests cancellation.
• To cancel an account or service, client must notify WEBster Computing Services in writing (by fax or postal mail) at least 7 days prior to when the client wants cancellation to occur. In the case of dedicated server accounts, 10 days notice must be given.  Cancellation request must be hand signed and dated.  If no notification is given account charges will continue to accumulate. Not using an account or service does not cancel it or stop fees from accumulating

Account and Server Termination or Suspension:

• WEBster Computing Services reserves the right to terminate a client's account or service for any reason at any time. Client agrees that WEBster Computing Services is not responsible for any loss of data should a termination or suspension occur.
• WEBster Computing Services reserves the right to cancel a client's account or service if it is determined that the client's account is potentially detrimental to the normal operations of its servers, potentially detrimental to the internet or a datacenter, potentially detrimental to another client, or potentially detrimental to WEBster Computing Services reputation.  Unlimited bandwidth and unlimited email box accounts are only unlimited when such accounts do not create a detriment to our systems.  WEBster Computing Services reserves the sole right to determine these standards.

Content Restrictions:

• Due to server stability issues, we do not allow customers to publish adult content (including but not limited to nude photographs, explicit language, or sexual fiction) on some of our accounts and servers as long as the client requests an adult content server or account when signing up.  Monthly surcharges or different pricing may apply.
  
• Filtering: Clients using email, spam control or internet filtering software that we provide do so completely at their own risk. Clients agree that any spam or adult content filtering product is not 100% safe due to the nature of the internet and any failure of such products are not the fault of WEBster Computing Services.

SPAM Statement:

• SPAM practices (sending unsolicited bulk advertisements or messages via e-mail or via usenet newsgroups) is strictly prohibited. WEBster Computing Services maintains a zero tolerance policy toward SPAM abuses. WEBster Computing Services reserves the sole right to define how SPAM is defined.
• SOLITICED E-MAIL MARKETING: Reasonable and limited soliticed email marketing is allowed on dedicated server accounts as long as WEBster Computing Services is made aware and approves of such activities before they occur. WEBster Computing Services reserves the right to deny or revoke email marketing permission at any time. All marketing clients must abide by CAN SPAM and general spam laws and best practices (defined below) and keep spam and abuse reports to a minimum.
• BEST PRACTICES: All email marketers must send emails only to people who have approved of such. Marketers must have records of signups which include verification and opt-in dates and IP addresses, and must be able to easily provide these to WEBster Computing Services and our data centers within 22 hours of a spam or abuse report. Failure to do so may result in server suspension or termination. Clients will be charged a $2 processing fee per spam report for any month in which their server generates more than three spam or complaint reports. All marketing emails must not be deceptive and must include easy opt-out instructions for the user as well as easy codes to identify a user should they complain or should their email address be hidden by spamcop or a third party reporting system.
• Reasonable Limits: Obtaining permission to engage in email marketing does not give the client unlimited license to do so. WEBster Computing Services reserves the right to limit or revoke such activities, and all clients should try to police themselves when it comes to these activities. As a rule of thumb six or more spam or abuse complaints during any month is seen as excessive, although each WEBster Computing Services data center has different rules as to what is seen as excessive (some may allow more and some may allow none) and client must abide by any requests or rules data centers have while doing email marketing.
• Blacklisting: Blacklisting a server IP is not allowed and clients must work pro-actively to prevent this from happening in any form. Clients must also work pro-actively to prevent spam and abuse reports from occuring on third party spam watchdogs.

Dialup Account Specific Rules:

• Client acknowledges that unlimited access dialup lines are intended for periodic, active use of email, user newsgroups, file transfers via FTP, Internet chat, Internet games and browsing the World Wide Web. Client further agrees not to use the service on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited. Unlimited access does not imply a dedicated line.  WEBster Computing Services and our network providers maintains the right to terminate a client connection if excessive use is determined.
• Local dialup access numbers may not be available in all areas.  It is the client's or customer's sole responsibility to determine if use of a particular dialup number will cause long distance, toll or other charges.  WEBster Computing Services is not responsible for any long distance or toll charges.
• Client is responsible for paying for the entire last month that he uses his account, regardless of the date the client starts and cancels service.

Indemnify Statement:

• You agree to indemnify, defend, and hold harmless WEBster Computing Services and its employees from any and all legal action, liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of our service(s) which damages either you, WEBster Computing Services, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account or requested services, including but not limited to domain name selection, domain name registration, domain name renewal and web site content.

Privacy Statements

• WEBster Computing Services may collect personal data on you or your organization for internal use as well as secured billing data for account payment.  As a matter of policy, all such information is kept in house, confidential, and is not disclosed or sold to any third-party (refer to our security and credit card privacy statements for more detail).  We do reserve the right to send your personal data to a third-party payment collection agency in the event of non-payment and to law inforcement.
  
• Please note that technical data such as usernames or passwords (or anything needed to assist in repair and support operations) may need to be relayed to third-parties such as data centers and server providers to aid in the normal operations of your purchased services.  Questions on this policy should be addressed to our offices.

Changes of this Document:

• WEBster Computing Services reserves the right to modify this document at any time. All clients and customers must agree to such changes to maintain service.