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ELECTRONIC MAIL
Your Webpods.com account gives you the ability to
send and receive electronic mail. Webpods.com
believes that electronic mail should be used for
personal communication and not as a broadcast
medium. The following examples are non-exclusive and
are provided for your guidance.
•You may not use your account to send unsolicited
bulk or commercial messages ("spam"). This includes,
but is not limited to, bulk mailing of commercial
advertising, informational announcements, charity
requests, petitions for signatures, and political or
religious tracts. Such messages may only be sent to
those who have explicitly requested it.
•Individuals who are operating their own mail
servers should ensure that their systems are secured
against external relaying to prevent abuse of
resources. Individuals who maintain mailing lists
should ensure that their mailing list software
requires confirmation of subscription to prevent
malicious subscriptions to lists by third parties.
•You may not use your account to collect responses
from unsolicited bulk or commercial e-mail sent from
accounts with other providers.
•Forging, altering or removing electronic mail
headers is prohibited. You may not send numerous
copies of the same or substantially similar message,
nor may you send very large messages or files to a
recipient, with the intent to disrupt a server or
account ("mail bombing").
•You may not use electronic mail to harass or
intimidate others. Harassment, whether through
language, frequency of messages, or size of
messages, is prohibited. Sending a single unwelcome
message may be considered harassment. If a recipient
asks to stop receiving email, you must not send that
person any further messages.
•You may not forward or otherwise propagate chain
letters, whether or not such messages solicit money
or other items of value, and whether or not the
recipient wishes to receive such mailings.
•Webpods.com accounts may not be used to collect
replies to messages sent from another Internet
service provider if those messages violate this
Terms of Service Policy or the Terms of Service
Policy of the other service provider. If you use the
services of another provider to promote a web site
hosted by or through Webpods.com, then the
provisions of this Terms of Service Policy shall
apply to the methods used to promote such site.
Not every "flame" message or angry exchange of email
or newsgroup posting can automatically be considered
harassment. Webpods.com is not responsible for the
content or tone of any email or other transmissions
of the subscribers to its service or other parties
using the Internet. Subscribers or others should not
expect that Webpods.com would attempt to mediate or
otherwise become involved in any particular
disagreement or dispute between Internet users. The
Internet is a network intended for use by mature,
adult users. All users should recognize this
principle and undertake at all times to act with
respect, courtesy and responsibility, giving due
regard to the interests and rights of other Internet
users, groups, and networks. We expect and
appreciate the use of common sense and good judgment
while using the network.
NON ADULT CONTENT
In order to meet non adult content status, you must
abide by the following rules and regulations.
If any of these rules aren't being followed then
your content is adult.
You must specify to your clients that you are non
adult to receive non adult pricing.
You will be informed and given reasons why, if we
choose to bill you at adult status.
• URL forwarding services or web hosting services
must be defined as "non adult content".
• Adult content is not allowed. This includes, but
is not limited to, pornographic images, text, and
sound files.
ADULT CONTENT
Adult content will be defined as:
This includes, but is not limited to, pornographic
images, text, and sound files.
URL forwarding services and web-hosting services
where "no adult content" is not defined. *Adult
content is allowed.*
NEWSGROUPS
Messages posted to newsgroups must comply with the
written charters or FAQs for those newsgroups.
Advertisements, solicitations, or other commercial
messages should be posted only in those newsgroups
whose charters or FAQs explicitly permit them. You
are responsible for determining the policies of a
given newsgroup before posting to it. If you are
unable to find a newsgroup's policy regarding
commercial messages, you must assume that such
messages are not welcome. You may not post or cross
post the same or substantially similar message to
more than 5 newsgroups. Continued cross-posting can
result in termination of service and the
cancellation of the message.
You may not post binary files to newsgroups not
specifically named for that purpose.
You may not post messages promoting pyramid schemes,
"Make Money Fast" (MMF) schemes, chain letters, or
other schemes to newsgroups. Doing so will result in
immediate termination of service.
You may not forge or remove header information. This
includes attempting to circumvent the approval
process for posting to a moderated newsgroup.
You may not solicit mail for any address other than
your Webpods.com Service account or service where
doing so manifests intent to harass others. You may
not post messages for the purpose of threatening,
harassing or intimidating others. You may not post
messages that infringe on personal or property
rights of others (privacy rights or copyrights, for
example). You may not cancel messages other than
your own, with the exception of official newsgroup
moderators performing their duties.
Webpods.com does not censor or control content
posted to a newsgroup. As a user of our service, you
are solely responsible for the content that you
publish. Webpods.com, upon receiving notification
that certain posts violate this policy, or any
provincial or federal law, or infringe on the
trademarks or copyrights of another, reserves the
right to remove such posts from our news server and
to terminate your account.
HOMEPAGE, WEB PAGES, and WEB SITES
The customers, clients or users are solely
responsible for any information contained on their
homepages, web pages or web sites. However, if
complaints are received regarding language, content
or graphics contained on your homepage, web pages,
or web sites, Webpods.com may, at its sole
discretion, remove the homepage, web pages, or web
site hosted on Webpods.com servers and terminate
your service and/or your access.
You may not use your personal home page site to
publish material that Webpods.com determines, at its
sole discretion, to be unlawful, indecent or
objectionable.
For purposes of this policy, "material" refers to
all forms of communications including narrative
descriptions, graphics (including photographs,
illustrations, images, drawings, logos), executable
programs, video recordings, and audio recordings.
Unlawful content is that which violates any law,
statute, treaty, regulation, or lawful order. This
includes, but is not limited to: obscene material;
defamatory, fraudulent or deceptive statements;
threatening, intimidating or harassing statements,
or material that violates the privacy rights or
property rights of others (copyrights or trademarks,
for example).
SECURITY
You are responsible for any misuse of your account,
even if a friend, family member, guest or employee
committed the inappropriate activity. Therefore, you
must take steps to ensure that others do not gain
unauthorized access to your account. In addition,
you may not use your account to breach security of
another account or attempt to gain unauthorized
access to another network or server.
For security purposes the listed account holder,
and/or the listed account administrator are the only
authorized individuals that may request edits,
changes, or information for the account.
Authorization to release information and/or edit
and/or make changes from anyone other than the
listed account holder and/or the listed account
administrator must be received in writing. Your
password provides access to your account. It is your
responsibility to keep your password secure.
Passwords must contain at least six characters, and
should contain at least one number or symbol, should
contain both uppercase and lowercase letters, and
should not be based on any word found in the
dictionary or on any personal information (name or
birth date, for example). Your password should not
be the same as your user id. Sharing your password
and account access with unauthorized users is
prohibited.
You should take care to prevent others from using
your account since you will be held responsible for
such use. Attempting to obtain another user's
account password is strictly prohibited, and may
result in termination of service. You must adopt
adequate security measures to prevent or minimize
unauthorized use of your account.
You may not attempt to circumvent user
authentication or security of any host, network or
account ("cracking"). This includes, but is not
limited to, accessing data not intended for you,
logging into or making use of a server or account
you are not expressly authorized to access, or
probing the security of other networks. Use or
distribution of tools designed for compromising
security is prohibited. Examples of these tools
include, but are not limited to, password guessing
programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any
user, host, or network ("denial of service
attacks"). This includes, but is not limited to,
"flooding" of networks, deliberate attempts to
overload a service, and attempts to "crash" a host.
Users who violate systems or network security may
incur criminal or civil liability. Webpods.com will
cooperate fully with investigations of violations of
systems or network security at other sites,
including cooperating with law enforcement
authorities in the investigation of suspected
criminal violations.
BILLING
All Webpods.com Accounts are monthly accounts and
are prepaid. Charges for new accounts are prorated
to accommodate the billing cycle. The billing cycle
runs from the first of the month to the last day of
the month. Charges for terminating accounts are not
prorated. Charges for usage by customer beyond the
base amount of usage contained in customer's service
plan shall be billed the following month along with
base charges for the coming month. Volume discounts
for bulk purchases of monthly connectivity services
remain in effect for the total length of the term,
otherwise, full fees will apply. Pre-authorized
Payment by credit card or automatic bank debit is
the preferred method of payment. Payment is due by
the first of the month or upon receipt of any
invoice.
Webpods.com may terminate any account with no refund
to customer in the event of customer's breach of any
of the terms or conditions contained herein.
Delinquent accounts are those that remain unpaid at
the beginning of the next accounting cycle, and are
subject to a 2% per month service charge (24 % per
annum). Accounts that are delinquent for more than
five days are put on "accounting hold", their files
are then archived and access is denied. Webpods.com,
accounts continue to accrue charges while they are
on hold. Accounts that are unpaid for ten days after
due date have their files purged. There is a service
reconnection charge equal to $20 dollars, to remove
accounts from accounting hold status. The account
holder acknowledges responsibility for the account
until payment in full is made. There is a $50.00
service charge for each returned check. An automatic
reminder has been programmed into your account to
notify you when your account is about to expire, as
well, your account has been automatically added to
the Webpods.com list server in order for you to
receive the Webpods.com newsletters and important
notices.
REFUNDS
Please be advised there is a 30 day limit on
refunds.
Notice: Refunds are only given out if you've
purchased Web hosting..
TECHNICAL SUPPORT
Webpods.com will only be responsible for the
Internet software that is included with the
Webpods.com installation packages for standardized
hardware. Internet software that has not been
provided by Webpods.com or systems that are not
standardized are not the responsibility of
Webpods.com either for support, functionality or
replacement. The User agrees to obtain a basic
knowledge of their computer's operating system,
configuration and interface, along with a basic
knowledge of the Internet and its operating
principles and procedures.
NETWORK PERFORMANCE
Webpods.com accounts operate on dedicated resources.
Excessive use or abuse of these dedicated network
resources by one customer may have a negative impact
on all other customers. Misuse of network resources
in a manner that impairs network performance is
prohibited by this policy and may result in
termination of your account. You are prohibited from
excessive consumption of resources. You may not use
resource-intensive programs that negatively impact
other customers or the performance of Webpods.com
systems or networks. Webpods.com reserves the right
to terminate or limit such activities.
PENALTIES
Abuse of the system by a user generally costs
Webpods.com time, money and resources. It is not
fair that this additional cost should be borne by
the other customers of Webpods.com. A minimum
service fee of $500.00 will therefore be applied to
the users account. Account holder and user further
agree to pay Webpods.com reasonable collection and
attorney fees on service charges shown, without
regard to further legal action taken by Webpods.com
to recover other or related consequential damages
suffered by account holder or user's actions.
LIMITATION OF LIABILITY
ALL SERVICES ARE PROVIDED ON AN "AS IS, AS
AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THOSE OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
ARE MADE WITH RESPECT TO THESE SERVICES OR ANY
INFORMATION OR SOFTWARE PROVIDED THEREBY.
Webpods.com is not responsible for Customer's files
residing on the Webpods.com network. Customer is
responsible for independent backup of all such data
at a site determined by customer. Webpods.com cannot
and does not exercise any control whatsoever over
the information passing through its network or
through the Internet. Webpods.com is in no way
responsible for any data loss or damage arising from
viral infection from the Internet. Webpods.com
and/or contributors shall have no liability
whatsoever to you for any claim(s) relating in any
way to: your inability or failure to perform
research or related work or to work properly or
completely, or any lost profits or consequential,
exemplary, incidental, indirect or special damages
relating in whole or in part to your rights
hereunder or use of, or inability to use,
Webpods.com's Internet Services. Webpods.com will
not be responsible for any damage suffered by you,
including, but not limited to, loss of data
resulting from delays, non-deliveries,
miss-deliveries, or service interruptions caused by
its own negligence or your errors or omissions. Use
of any information obtained via Webpods.com's
Internet Services is at your sole risk. Webpods.com
specifically disclaims any responsibility for the
accuracy or quality of information obtained through
Webpods.com's Internet Services. As a user you are
warned that some Internet sites accessible via the
Webpods.com network allow posting, retrieval, and/or
electronic mailing of materials that may be
considered obscene or objectionable. Webpods.com is
not responsible for inadvertent or deliberate access
to such material and cannot prevent access of such
material. It is recommended that each customer
closely monitor use of his/her account especially in
the case of potential use or misuse by minor
children. Accounts for minor children must be opened
by a parent or legal guardian with their explicit
consent. Webpods.com network services may be used
only for lawful purposes. Transmittal of any
material in violation of any international, federal
or state regulation is prohibited. This includes,
but is not limited to: copyrighted materials,
material legally judged to be threatening or
obscene, or material protected by trade secret or
software protected by copyright. You agree to
indemnify and hold harmless Webpods.com from any
claims resulting from your use of the service that
damages you or another party. Any access to other
networks through the Webpods.com network must comply
with the rules appropriate for the other network.
Violation of the rules of other networks is grounds
for account cancellation. This includes, but is not
limited to, mass Usenet posting, Usenet
cross-posting, mass emailing, and/or the sending of
unsolicited email, commercial or otherwise.
Webpods.com And its affiliates shall not be liable
under any legal theory (including tort or contract)
for any direct, indirect, incidental, special or
consequential damages in any way related to the
product or services provided. Under no circumstances
and under no legal theory, tort, contract, or
otherwise, shall Webpods.com be liable to you or any
other person for any indirect, special, incidental,
or consequential damages of any character including,
without limitation, damages for loss of goodwill,
work-stoppage, computer failure or malfunction, or
any and all other commercial damages or losses, or
for any damages even if Webpods.com has been
informed of the possibility of such damages, or for
any claim by any other party.
OPERATION
Webpods.com reserves the right to change its
services without notice including but not limited to
access procedures, hours of operation, menu
structures, commands, documentation, and services
offered. Notice of modifications to this Terms of
Service Policy will be posted to this Webpods.com
Web page. Customers are encouraged to review the
current Terms of Service Policy on a regular basis.
Customer's use of Webpods.com network after such
notice shall constitute Customer acceptance of such
modifications. Customer understands that Webpods.com
services may be interrupted for several reasons,
including but not limited to malfunctions,
maintenance, and improvement or as required to
protect network resources in the event of
malfunctions or misuse. Customer understands that it
may not receive advance notification of any such
interruption of service. There will be no refunds
for scheduled or unscheduled service interruptions
of less than 24 hours duration. At its sole
discretion, Webpods.com may elect to provide a pro
rata or additional/extension of service refund for
service interruptions of greater than 24 hours.
Webpods.com reserves the right at its sole
discretion to delete any information entered into
Webpods.com network computer systems by Customer.
Webpods.com and its authorized representatives shall
retain the right, but shall not be obligated, to
review/accept/reject publicly viewable information.
Webpods.com reserves the right to disconnect
non-dedicated dial-up connections with inactivity
for more than 15 minutes ("time-out"). Non-dedicated
dial-up connections may not be utilized as a
dedicated connection, and Webpods.com reserves the
right to disconnect non-dedicated dial-up
connections exceeding 4 hours in connection
duration. Webpods.com reserves the right to delete
Customer's files, including but not limited to Web
page(s) and email, for which a storage fee has not
been paid and which have not been accessed for more
than one (1) month. Webpods.com reserves the right
to refuse and/or terminate service to anyone or any
entity for any reason at its sole discretion with or
without notice. The owner of this document is the
Network Operations Centre (NOC) of Webpods.com
Revised on: 11/20/2004 - 21:45:30 EST
Last Revised on: 02/04/2008 - 09:44:45 CST
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