We will setup your account after we have received payment. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.
All hosting services provided by Web Envy, Inc may only be used for lawful purposes. The laws of the State of California and the United States of America apply. The Client agrees to indemnify and hold harmless Web Envy, Inc from any claims resulting from the use of our hosting services. Use of our hosting services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, videos, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of any copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting services. If you believe that your copyright or trademark is being infringed upon, please email firstname.lastname@example.org with the relevant information. If the request is of a licensing issue, we may require further documentation.
Using a shared hosting account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups. Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are retained. This service is provided to you as a courtesy. Web Envy, Inc is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Web Envy, Inc servers.
Web Envy, Inc services, including all related equipment, networks and network devices are provided only for authorized customer use. Web Envy, Inc systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Web Envy, Inc system(s) constitutes consent to monitoring for these purposes. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Web Envy, Inc may, at its discretion, request and require documentation to prove access to a third party network or system is authorized. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Sites hosted on Web Envy, Inc’s service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Web Envy, Inc is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question. The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like Web Envy, Inc and many of Web Envy, Inc’s other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Web Envy, Inc should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Web Envy, Inc’s webhosting service(s).
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and SPAM. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Web Envy, Inc reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Web Envy, Inc reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Web Envy, Inc.
Web Envy, Inc reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
You agree to supply appropriate payment for the web hosting services received from Web Envy, Inc, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify Web Envy, Inc of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via email sent to email@example.com. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been cancelled. We require that cancellations of service are done via email to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed. As a client of Web Envy, Inc, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Web Envy, Inc of your desire to cancel any or all services received, those services will be billed on a recurring basis, unless otherwise stated in writing by Web Envy, Inc. Web Envy, Inc reserves the right to bill your credit card or billing information on file with us. Web Envy, Inc provides a 7 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 7 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to Web Envy, Inc for services rendered. Access to the account will not be restored until payment has been received.
Client agrees that it shall defend, indemnify, save and hold Web Envy, Inc harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Web Envy, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Web Envy, Inc against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Web Envy, Inc; (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 customers from Web Envy, Inc’s server. By using any Web Envy, Inc services, you agree to submit to binding arbitration. If any disputes or claims arise against Web Envy, Inc or its subsidiaries, such disputes will be handled by an arbitrator of Web Envy, Inc’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of California. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
Web Envy, Inc shall not be responsible for any damages your business may suffer. Web Envy, Inc makes no warranties of any kind, expressed or implied for services we provide. Web Envy, Inc disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Web Envy, Inc and its employees.
Web Envy, Inc may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Web Envy, Inc reserves the right to revise its policies at any time without notice.