Where the content states: "We" includes WinnComm, LLC. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Server" means the computer server equipment 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. TOS includes this agreement. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
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. You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server. 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. 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 authorize or permit any other person to do so. You will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by WinnComm, LLC 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 offense or which infringes any patent, trademark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. You will not send bulk email (i.e. spam) whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email. You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory. If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks as set forth in our "plans" section. Such payment to be immediate and non-disputable. We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Adult or Copyrighted content. 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 unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information. 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. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner. Any access to other networks connected to WinnComm, LLC, must comply with the rules appropriate for those other networks. 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 unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or downtime of the Server. We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason. The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party or shows other activity in breach of this subclause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our website and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of prepayment. Payment is due each anniversary month, quarter or year following the date the Services was established until closure notice is given. If you choose to pay by credit or debit card you authorize WinnComm, LLC to debit your account renewal fees from your card. All payments must be in US Dollars. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you. (Update us if you're going to be late, and let us know what date you'll pay by and you shall be just fine)
WinnComm, LLC reserves the right to refuse service to anyone for any reason. If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you. If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you No refunds will be made for Services suspended due to a violation of our terms of service; penalty fees may be assessed in these or other abuse circumstances. If found as well using excessively of server resources and abusing CPU usage whether it is with scripts, mass emailing, or whatever it may be, this will not be tolerated by WinnComm.net where the offending account will be TERMINATED immediately. If you don't use the necessary ways of communication with WinnComm.net we will have to suspend your account due to not following the Terms set forth with no refund allowed. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you. Any slandering of WinnComm.net will warrant termination immediately. No refunds will be made for Services suspended in accordance with the above terms. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this, You will be entitled pro rata refund based upon the remaining period of membership. You may cancel the Services at any time. During the first 30 days of Services, You are entitled to a full, no questions asked refund of fees paid with the exclusion of domain name registration, collocated server, and data transfer fees should you decide to cancel the Services. You will not be entitled to a refund on this basis if you have previously had an account with WinnComm, LLC. For the remaining time, your refund will be prorated and factored at the full discretion of WinnComm, LLC. Where payment has been made by credit/debit card, any refund will only be issued to the same credit/debit card. On termination of this Agreement or suspension of the Services, we shall be entitled immediately to block your Web Site and to remove all data located on it.
All support related issues will be addressed within our Ticket System. Not by direct email or other avenues, this is to track issues relating to accounts.
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to subclause. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim. In any event, no claim shall be brought unless you have notified us of the claim within one year of it arising.
In no event shall we be liable to you for any loss of business, contracts, data, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever. You are responsible for Monitoring, Backups, Bandwidth and Diskspace usage of your site. This is easily done from your Control Panel. If you go over the amount indicated in your current plan; you will assess a surcharge as set forth in our pricing structure.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved to be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
This Agreement shall be governed by and construed in accordance with United States law and the laws governing the state of Washington. You hereby submit to the non-exclusive jurisdiction of the U.S. Courts.
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this
WinnComm, LLC reserves the right to amend these TOS at any time. WinnComm, LLC reserves the right to cancel any hosting service without notice or to give a refund if found to see fit per the terms. It is your responsibility to check these Terms of Service on occasion for any such amendments.
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