terms of service

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 14 day limit on refunds.

Notice: Refunds are only given out if you've purchased Webhosting..


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


privacy policy

We can be reached via e-mail at: support@webpods.com

For each visitor to our Web page, our Web server automatically recognizes only the consumer's domain name and IP address, but not the e-mail address.

We collect the e-mail addresses of those who communicate with us via e-mail, information volunteered by the consumer, such as survey information and/or site registrations.

The information we collect is used to improve the content of our Web pages, used to notify consumers about updates to our Web sites and not shared with other organizations for commercial purposes.

With respect to cookies: We use cookies to record past activity at a site in order to provide better service when visitors return to our site, customize Web page content based on visitors' browser type or other information that the visitor sends.

If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at the above address.

If you supply us with your postal address on-line you will only receive the information for which you provided us your address.

Persons who supply us with their telephone numbers on-line will only receive telephone contact from us with information regarding orders they have placed on-line.

With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will contact you before we use your data for these new purposes to notify you of the policy change and to provide you with the ability to opt out of these new uses.

Customers may prevent their information from being used for purposes other than those for which it was originally collected by contacting us at the email address provided above.

Upon request we provide site visitors with access to transaction information (e.g., dates on which customers made purchases, amounts and types of purchases) that we maintain about them, communications that the consumer/visitor has directed to our site (e.g., e-mails, customer inquiries).

Customers can access this information by e-mail us at the above address.

With respect to security: We always use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site, We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.

With respect to Affiliated sites, linked sites and advertisements : Webpods without question expects it's partners, affiliates and advertisers to respect the privacy of our users. Please be aware that some third party partners, affiliates, advertisers and other content providers accessible via our site, might have their own data collection and privacy practices and policies. Webpods is not responsible in any way shape or form for the actions or policies of such third parties when providing information on a feature or page operated by a third party.


With respect to children: Webpods does not under any circumstances knowingly collect or solicit personally identifiable information from or about children under 13 except as permitted by law. If such information is discovered regarding a child under 13 years of age in violation of this policy we delete that information immediately. If you believe Webpods has received information from anyone under 13, please contact us at the address listed at the top of this page.

Changes to this policy: Webpods reserves the right to change the contents of this policy at any time. Please check this page from time to time for any changes. Your continued use of our site after any changes have been made will mean you continue to accept those changes. Any information collected prior to any changes will be used according to the rules and laws that were provided at the time the information was originally collected.

Children's privacy: We do not knowingly collect personal information from children under the age of 13. If we discover that we have obtained such information it will be immediately deleted from our systems. Webpods encourages children to go online with their parents.

If you feel that this site is not following its stated information policy, you may contact us at the above email address.

terms and conditions of sale

All we ask is that you agree to abide by the following terms and conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don't agree to them, please do not use this website. We reserve the right to make any modifications we deem necessary from at any time. Please continue to check these terms to see what those changes might be.

All the information and materials displayed by us on our site are for information only and are no substitute for specific advice.

You accept that all content including but not limited to, text, images, software, video, music or graphics or any other material found at Webpods.com or distributed by email are protected by International copyright laws worldwide. Under no circumstances will you in any way copy, reproduce, modify, republish, post, upload, transmit any of the content available at Webpods.com or from within the online PDF conversion application.

To the fullest extent permitted by applicable laws, we here at Webpods.com on behalf of our suppliers and contractors exclude all liability for any loss of expenses under any circumstances arising, including without any limitation any indirect or direct, punitive or consequential damages loss of data, loss of use, loss caused by a virus, loss of income or profit, loss of damages to property, claims of third parties or any other losses of any kind or character. This also applies even if we have been advised of the possibility of such damages of losses that arise out of or in connection with the use of this our website, or any web site to which it is linked.

You assume complete and total responsibility for establishing such procedures as data back up and virus checking.

On the occasion where we provide hypertext links to other web sites we do so only for informational purposes, these links are not endorsements by us of any services or products at such sites. As such we accept no liability neither do we make any endorsement or approval of the same.

These terms of use are based on the understanding between you the visitor and us the site owners that any representation, statement, inducement written or oral, not mentioned here shall not bind either one of us.

If any of these terms of use are declared invalid or unenforceable by a court of competent jurisdiction the validity of any remaining portion shall not be effected and remain in full force as if the invalid section of the Terms of Use had been eliminated.