Usage Policy
You MUST agree to all of
these terms prior to signing up with WebUX.
WebUX has a responsibility to ensure that each of our
clients are provided with the best services we
have available. The following guidelines outline use of our
service and your account.
Content
All services provided by WebUX 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, material we judge to be threatening or
obscene or material protected by trade secret and
other statute. The subscriber agrees to indemnify
and hold harmless WebUX from any claims resulting
from the use of the service, which damages the
subscriber or any other party.
While we back up files
continuously, we are in no way responsible for
the archiving of a site. It is the sole
responsibility of the site creator to copy,
back-up or archive all files that constitute a
web site.
Pornography and sex-related merchandising is
prohibited on all WebUX servers. This includes
sites that may infer sexual content or links to
adult content elsewhere.
WebUX 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 WebUX 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
IMPORTANT NOTE - WebUX has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by WebUX to be unacceptable use of WebUX's services including abuse of server resources. WebUX shall be the sole arbiter as to what constitutes a violation of this provision.
Accounts may be terminated that include the following content or which have links to the following content:
- Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity
- Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual
- Displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers)
- Displaying material that exploits children under 18 years of age
- Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities
WebUX will be the sole arbiter as to what
constitutes a violation of this provision.
Commercial Advertising - Email
Spamming, or the sending of unsolicited email,
from an WebUX server or using an email address or
domain that is maintained on an WebUX machine as
reference is STRICTLY prohibited. Accounts that
are found to be spamming or sending large quantities
of unsolicited email will be immediately deactivated
and no refunds will be offered on any payments made.
We constantly monitor for spamming on all WebUX servers.
WebUX will be
the sole arbiter as to what constitutes a
violation of this provision.
Background Running Programs
We may allow programs
to run continually in the background. These are
considered on a case-by-case basis and an extra
charge will be incurred based on system resources
used and operational maintenance needed.
IRC
We currently do not allow IRC or IRC bots to
be operated on our servers.
Domain Pointing
Domain pointers are to be used for the purpose
of having more than one way to find the same
site, not for the purposes of sharing an account
among multiple sites. A domain pointer may not be
set up to reference a subdirectory within an
existing Web hosting account served by WebUX or
any other provider.
Server Abuse
Any attempt to undermine or cause harm to a
server, or customer, of WebUX is strictly
prohibited, and will result in immediate
termination and/or prosecution.
Governing Law
This agreement will be governed by and construed in accordance with the laws of the City of Lynchburg and the Commonwealth of Virginia. You agree that for purposes of venue and jurisdiction this contract was entered into and performed in Lynchburg, Virginia, and any dispute will be litigated or arbitrated in Lynchburg, Virginia.
Refusal of Service
We reserve the right to refuse, cancel, or
suspend service at our sole discretion.
Billing Problems and Termination
WebUX employs the Advanced Invoice billing method
for all of our domain customers. This means that all
domain customers are billed one month in advance. All
payments are due 30 days from invoice. Past due payments
are subject to late fees. A domain that is past due for
two or more billing cycles is subject to termination.
Accounts paid by credit cards that are
rejected by our online card processor are grounds
for termination. Because of the risk of credit
card fraud, any account that offers two bad
credit cards within any 6-month period will be
subject to immediate termination.
Lawful Purpose
WebUX reserves the right to refuse service to any party. Customers may only use our servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. We expressly forbid anyone from using servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of our management.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD WEBUX INC. HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST WEBUX INC., ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS WEBUX INC. AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH WEBUX INC.'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 WEBUX INC.'S SERVER.
Disclaimer
WEBUX INC. WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. WEBUX INC. MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. WEBUX INC. DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY WEBUX INC. AND ITS EMPLOYEES. WEBUX INC. RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF WEBUX INC. MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
Copyright and Intellectual Property Agent for Notice
WebUX Inc. respects the intellectual property of others, and we ask our users to do the same. WebUX Inc. may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the WebUX Inc. Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you are seeking permission to use WebUX Inc. trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact the permission requests department, not the copyright agent.
Accounts found to be in violation of the DMCA may be terminated at our discretion without refund.
WebUX Inc. Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
