Note: All users are bound by this ‘terms of service’.
Webs2000.com ("Webs2000") agrees to provide you ("User") with those
services ("Service") set forth on the Application subject to User's
compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY
ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SERVICE. .
Billing Policy:
All billing is done via e-mail. If you make payments with cash or check
you will receive a statement 20 days prior to the next due date.
Accounts that become thirty days past due will be automatically placed
on hold.
Cancellation Information
A customer may terminate their account with Webs2000 by providing notification
to Webs2000 of their intent to terminate via the following procedures:
-via e-mail to hostmasterLV@Webs2000.com
-via U.S. Postal Service to:
Webs2000
PO Box 621699
Las Vegas, NV 89162
Notification of termination must include login name, password, and
the effective date of termination of the account. The written notification
of termination must be received by Webs2000 for month-to-month or annual
accounts no less than 10 business days prior to the next billing cycle
to be effective on the last day of the current billing cycle. User must
ask and receive their CANCEL CONFIRMATION NUMBER for the request to
be effective.
Accounts that are not terminated in accordance with the above procedures
shall remain active and shall continue to incur monthly service charges
until properly terminated.
Warranty Disclaimer: THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE
AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
Webs2000 exercises no control whatsoever over the content of the information
passing through Webs2000's system. Use of any information obtained via
Webs2000 is at User's risk. Neither Webs2000 nor any of its affiliates,
its licensers, its contractors or their respective employees warrants
that the Service will be uninterrupted or neither error free; nor does
Webs2000 make any warranty as to the results from use of the Service.
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, NONINFRINGEMENT, IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES
ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION
GIVEN BY Webs2000, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR
THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER Webs2000
NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE
OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE
SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER
HARMFUL COMPONENTS.
Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL Webs2000, ITS
AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY
TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR
USER'S 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, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION
OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE
OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT Webs2000 IS FOUND LIABLE
UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, Webs2000's
LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION
PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions,
rules, policies, guidelines or practices of Webs2000 in operating the
Service, User's sole and exclusive remedy is to discontinue using the
Service.
Indemnification: Notwithstanding anything to the contrary herein contained,
User agrees to indemnify and hold Webs2000, its affiliates, its licensers,
its contractors or their respective employees harmless against any and
all liability, loss, claim, judgment, damage and expense including without
limitation attorney's fees and cost of litigation incurred or suffered
by Webs2000, its licensers, its affiliates, its contractors, or their
respective employees as the result of any and all use of User's account
whether authorized or not authorized or as a result of the negligence,
willful misconduct, or breach of any of the terms of this Agreement
by User, including but not limited to claims, liabilities, losses, damage,
judgment and expense which arise out of alleged injury or death of any
person or damage to property of every kind and description. User shall
promptly notify Webs2000 in writing of any claim of which it is obligated
under this indemnity. User shall have the right to assume the defense
of any such claim. User and Webs2000 shall confer as to and agree on
the legal counsel(s) to be selected in any such defense.
Sexually Explicit Materials: User understands that the Internet contains
unedited materials some of which are sexually explicit or may be offensive.
User accesses such materials at his or her own risk. Webs2000 has no
control over and accepts no responsibility whatsoever for such materials.
Prohibited Uses: User may not restrict or inhibit any other users from
using and enjoying the Internet. Post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, pornographic, 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 local, state, national or international law, including without limitation
the U.S. export control laws and regulations; post on web space any
sexually explicit materials or materials that may be offensive. Post
or transmit any information or software which contains a virus, cancelbot,
trojan horse, worm or other harmful component. Post, publish, transmit,
reproduce, distribute or in any way exploit any information, software
or other material obtained through the Service for commercial purposes
(other than as expressly permitted by the provider of such information,
software or other material). Upload, post, publish, transmit, reproduce,
or distribute in any way, information, software or other material obtained
through the Service which is protected by copyright, or other proprietary
right, or derivative works with respect thereto, without obtaining permission
of the copyright owner or right holder; upload, post, publish, transmit,
reproduce, transmit or distribute in any way any component of the Service
itself or derivative works with respect thereto; send unsolicited advertising
or promotional materials to other network users (See section titled
"MESSAGING"); allow users to run Maillist, Listserv or any form of auto-responds
from User's account; run or activate processes while User is not logged
in; violate the security of any computer network, crack passwords or
security encryption codes, transfer or store illegal material including
that deemed threatening or obscene, or engage in any kind or illegal
activity; attempt to defeat any idle timer or system tool intended to
enforce the part-time and personal nature of User's connection, including
the use of pingbots and other methods of avoiding timing disconnection
(See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or violate any
of the rules, regulations and policies of those networks and computer
systems accessed via User's account.
Webs2000 has no obligation to monitor the Service. However, User agrees
that Webs2000 has the right to monitor the Service electronically from
time to time and to disclose any information as may be necessary to
satisfy any law, regulation or other governmental request, to operate
the Service properly, or to protect itself or its subscribers. Webs2000
will not intentionally monitor or disclose any private E-mail message
unless required by law. Webs2000 reserves the right to refuse to post
or to remove any information or materials, in whole or in part, that,
in its sole and absolute discretion, are unacceptable, undesirable,
or in violation of this Agreement. Webs2000 reserves the right to suspend
access to the Service for User's account. The account's suspension may
be rescinded within the sole and absolute discretion of Webs2000 following
payment of a reconnection charge, to be determined by Webs2000 in its
sole and absolute discretion.
Unauthorized Use of Relay Servers: User agrees that any unauthorized
use of any email server located throughout the Internet for the purposes
of relaying or distributing messages is prohibited.
Fraudulent Addressing: User agrees that the purposeful distribution
of any email message where the return address, originator's address,
or any other identifiable aspect of the message has been purposefully
altered is prohibited. User may not purposefully misrepresent the origination
information of any email messages sent while using the Webs2000 service.
Fraudulent Content: User agrees to be held responsible for the distribution
of fraudulent materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION
OF SERVICES.
No Confidentiality: Information transmitted through Webs2000 and through
the Internet in general is not confidential. Webs2000 can not and shall
not guarantee privacy or protection of any User. Webs2000 reserves the
right to monitor any User's transmissions when deemed necessary for
providing proper service and/or to protect the rights and property of
Webs2000.
Purchases on the Service: If User wishes to make purchases on the Service,
User may be asked by the merchant or information or service provider
from whom User is making the purchase to supply certain information,
including credit card or other payment mechanism information. User agrees
that all information User may provide any merchant or information or
service provider on the Service for purposes of making purchases shall
be accurate, complete and current. The merchants and information and
service providers offering merchandise, information and services on
the Service set their own prices and may change prices or institute
new prices at any time. User agrees to pay all charges incurred by users
of User's account and credit card or other payment mechanism at the
prices in effect when such charges are incurred. User shall also be
responsible for paying any applicable taxes relating to purchases on
the Service.
No System Backup: Webs2000 does not and will not perform system backups
on any User's e-mail account(s). Webs2000 shall not be held responsible
for any lost e-mail data, email attachments, or any e-mail message contents,
regardless of the reasoning for data loss or system causes. Except as
otherwise set forth herein, Webs2000 will not provide historical data,
to any party for any reason, regarding any system or Internet activity.
Webs2000 does not and will not perform system backups on any User's
personal web site account(s). Webs2000 shall not be held responsible
for any lost web data, web files, or any web site contents, regardless
of the reasoning for data loss or system causes. Except as otherwise
set forth herein, Webs2000 will not provide historical data, to any
party for any reason, regarding any system or Internet activity.
Failure to Comply With Terms and Conditions: Webs2000 may deny User
access to all or part of the Service without notice if User engages
in any conduct or activities that Webs2000 in its sole discretion believes
violates any of the terms and conditions in this Agreement. If Webs2000
denies User access to the Service because of such a violation, User
shall have no right (1) to access through Webs2000 any materials stored
on the Internet, (2) to obtain any credit(s) otherwise due to User,
and such credit(s) shall be forfeited, (3) to access third party services,
merchandise or information on the Internet through Webs2000, and Webs2000
shall have no responsibility to notify any third-party providers of
services, merchandise or information nor any responsibility for any
consequences resulting from lack of notification.
User agrees to notify Webs2000 if User moves or otherwise changes his
or her mailing address or phone number, and to list a truthful name,
postal address and telephone number on the forms User supplies to Webs2000.
In the event that any portion of this Agreement is held to be unenforceable,
the unenforceable portion shall be construed in accordance with applicable
law as nearly as possible to reflect the original intentions of the
parties and the remainder of the provisions shall remain in full force
and effect.
Webs2000's failure to insist upon or enforce strict performance of any
provisions of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between parties nor
trade practice shall act to modify any provision of this Agreement.
Webs2000 may modify this Agreement from time to time by placing a notice
of such modification on our website, and User's continued use of the
Service following notice of such modification shall be deemed to be
User's acceptance of any such modification. It is User's responsibility
to check this online area regularly to determine whether this Agreement
has been modified. If User does not agree to any modification of this
Agreement, User must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with
the laws of the State of Nevada USA without regard to its conflicts
of law provisions. Any cause of action User may have with respect to
the Service must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is barred.
Webs2000 shall not be liable or deemed to be in default for any delay
or failure in performance under this Agreement or interruption of service
resulting directly or indirectly from acts of God, civil or military
authority, acts of public enemy, terrorism, war, riots, civil disturbances,
insurrections, accidents, explosions, earthquakes, floods, the elements,
strikes, labor disputes, shortages of suitable parts, materials, labor
or transportation or any cause beyond the reasonable control of Webs2000.
Venue for litigation of any dispute, controversy, or claim arising out
of, in connection with, or in relation to this Agreement, or the breach
thereof, naming Webs2000 as the defendant, shall be proper only in a
venue determined by Webs2000.
In any action between Webs2000 and User to enforce any of the terms
of this Agreement, Webs2000 shall be entitled to recover expenses, including
reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and Webs2000
with respect to the Service.
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