Web Hosting Terms of Service (WHTOS)

1. Subscriber agrees not to allow Web Editors equipment and services to be used for activities specifically prohibited by the Web Editors Acceptable Use Policy (AUP) . It is the Subscriber's responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Subscriber's responsibility to regularly check for updates. Subscribers must not allow Web Editors resources to be used for SPAM or Unsolicited Commercial Email (UCE), hosting of content advertised by UCE, perpetration of security breaches or hacking, network attacks, illegal activities, child pornography, fraudulent activity, Trademark or Copyright infringement, virus distribution, and like activities.
2. Subscriber agrees to compensate Web Editors for any expenses Web Editors may incur resulting from Subscriber's violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution. The cost of any investigations will be charged to the Customer at $99 per hour during normal business hours. Emergency investigations are charged double-time at $198 / hour with a one hour minimum.
3. Subscriber is responsible for any activity conducted on their server, including unauthorized activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. Web Editors will endeavor to assist Subscriber but Web Editors is not responsible for protecting Subscribers from hackers and their actions and use of Subscriber's server.
4. Web Editors does not monitor Subscriber content and activities but reserves the right to disable service or remove content pending investigation of possible AUP violations without first giving notice.
5. Web Editors does not issue refunds for terminating service due to suspected AUP violations.

If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to our servers. Once the Web site is published to our servers the account owner has retained ownership of that content.

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Content Policy
All services provided by Web Editors may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Web Editors from any claims resulting from the use of the service which damages the subscriber or any other party. 

Pornography and sex-related links or merchandising is prohibited on all Web Editors servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Web Editors will be the sole arbiter in determining violations of this provision. 

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Web Editors servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Warez sites
• Pornography or Adult Material

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Email Policy:
Web Editors may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email as any email messages sent to more than 10,000 email addresses in one day or more than 10 news groups. 

Email accounts should be kept below 10 MB in total. If your email account becomes greater than 10 MB, Web Editors reserves the right to move the email to another server and delete it after 30 days.  The owner of the email account will be contacted before we move the mail.  If your mail has been moved please contact Web Editors Tech Support email to correct the situation before the emails are deleted.  This is normal for most accounts since email is typically accessed on a regular basis using an email client such as Outlook, Outlook Express or Eudora.

Web Editors accepts no responsibility for viruses that may be transmitted to you via email, ftp, http or any other means of electronic transfer. Web Editors does provide some virus scanning on its servers. We are monitoring for viruses that could affect our Linux servers, and not viruses that could affect other operating systems like Windows. Therefore, we cannot prevent the transmission of viruses to your computer system via the Internet. It is the responsibility of the client to ensure they have Virus Software and that it is updated regularly.

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Chat Policy:
Web Editors does not allow chat rooms.  You can however link your site to a chat provider. Some examples of chat providers are: www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com.

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CGI Scripts Policy:
Each account comes with its own CGI-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effect normal server operation or service to other Web Editors customers. For the protection of all our customers, we also reserve the right to discontinue service to those customers who continue to run scripts that effect normal server operation. No chat rooms or similar scripts allowed.  

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Traffic Policy:
Web Editors imposes very generous traffic limits that most sites never reach, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Web Editors customers are discouraged from storing any files that cause excessive traffic on Web Editors servers. Please contact Web Editors Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to charge additional fees for sites that exceed our generous traffic limits. Sites that exceed their traffic limits will be suspended without prior notification if they do not purchase add-on traffic packages.

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Backups:
Tape backups are made 3 times a week. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and any information on their account including but not limited to clients website, email, databases, mailing lists, and archives.  The "File Backup Utility" is included in each hosting plan and client can use this tool to back up their files.  If loss of data occurs due to an error of Web Editors, we will attempt to recover the data at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Web Editors will attempt to recover the data from the most recent archive for a $10.00 fee.

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Payment Policies and Fees:
By signing up for hosting with Web Editors, you are agreeing that your hosting account will be automatically renewed, and your credit card will be charged. Payment is due the first of every month (first month prorated). Your credit card will be automatically charged on the 1st of every month unless a cancellation request is submitted by email. All  payment-due notices will be sent by electronic mail.  No bills or invoices will be sent by postal mail or fax.   Additional features can be added at any time. Web Editors reserves the right to change prices or plans at any time. NOTE: Web Editors charges a 10% fee for returned checks as well as charge backs.

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Cancellation Policy:
You may cancel at anytime.  To cancel your account, please email us and will contact you via phone to determine your ID (No hassle no questions asked).  As a policy, we do not offer credits or refunds for hosting time already expended.  We do give refunds after charging you for months already used calculated on the monthly hosting price for your plan, should you want to cancel prepaid service.  Setup fees are non-refundable. All monetary transactions are in $US dollars. 

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1. Upon the discovery of facts which reasonably indicate that Web Editors has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Subscriber shall promptly notify Web Editors of such facts and follow up any such verbal notification with a written notice within 30 days of such discovery. The failure to give the foregoing notices shall constitute an irrevocable waiver of all claims and causes of action. Subscriber must commence any legal action against Web Editors with respect to this Agreement within 12 months after the incident giving rise to the claim or cause of action, regardless of when the incident is discovered. If proper notification is given to Web Editors as requested by Subscriber anytime during the twelve (12) month period following such notification, Web Editors shall at its sole discretion and option (i) revise or repeat free of charge the service affected by the failure of performance, negligence or breach, or, (ii) terminate this Agreement and pay Subscriber for all incidents, problems, and/or failures up to a maximum of all sums paid to Web Editors for service fees. Payment will be made via company check from Web Editors. The remedies set forth in this paragraph are Subscriber's sole and exclusive remedies should Web Editors breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty.
2. The parties acknowledge and agree that Web Editors shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Subscriber, Subscriber's Subscriber or customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.
3. Web Editors is not responsible for data or content maintained and distributed by Web Editors facilities. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. Web Editors DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Web Editors DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

1. any injury to person or property caused by any products sold or otherwise distributed in connection with Web Editors’s server;
2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright infringement and
4. any defective products sold to customer from Web Editors’s server.