Terms of Services
Revision date:
11/18/2007
All services provided by Word Adept Media ("Word Adept Media")
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 Word Adept Media from any claims resulting from the
use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Word Adept Media' 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
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY,
ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY
OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT
NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Word Adept Media
WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Traffic Usage
All account plans come with a predetermined
amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig
of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will
be treated and billed as the same.
IRC
We currently do not allow IRC or IRC bots to be
operated on our servers.
Server Abuse
Any attempt to undermine or cause harm to a
server or customer of Word Adept Media is strictly prohibited. As our customer
you are responsible for all your accounts. Should you violate the Terms of
Services outlined within, your account will be cancelled without chance of
refund.
Refusal of Service
We reserve the right to refuse, cancel
or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Word Adept Media must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Billing
By the Account Activation Date of each month,
Word Adept Media shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Word Adept Media by no later than the specified payment due date. Word Adept Media shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Service Fees
Certain services carry a setup fee charged
by Word Adept Media to client, which must be paid by client in order to have use
of said services. If client terminates this agreement, client shall be
responsible for any and all outstanding fees owed to Word Adept Media and agrees
to pay any and all fees incurred by client. Because the services are provided on
a monthly basis, the client will be responsible for service fees incurred each
month, regardless of when client provides notice of termination. Thus, for
example, if the client provides notice of termination on the 15th day of a
particular month, the client will be responsible for service fees for the entire
month, and such fees will not be pro-rated or refunded.
Money
back guarantee & refund policy
We do not generally refund
cancelled contracts. For example, if your contract is quarterly and you request
a refund after two months, no refunds will be admitted. No refunds are issued
for setup charges, add-on charges, domain-registrations, add-on purchases, SSL
certificates or overage charges. In case of AUP violations, any and all refunds
are forfeit.
Account Deactivations
Any account deactivated due to
non-payment will require a reactivation fee of $20.00 prior to reactivation.
Cancellation Refunds
We DO NOT refund partial monthly
fees to accounts. We require 30 days notice for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel
or suspend service, at our sole discretion.
Limitation of Liability
Word Adept Media shall not be
responsible for any claimed damages, including incidental and consequential
damages, which may arise from Word Adept Media ' servers going off-line or being
unavailable for any reason whatsoever. Furthermore, Word Adept Media shall not
be responsible for any claimed damages, including incidental or consequential
damages, resulting from the corruption or deletion of any web site from one of
Word Adept Media ' servers. All damages shall be limited to the immediate
termination of service.
Violations
Violations of these Acceptable Use Policies
should be referred to paul@wordadept.com. All complaints will be investigated
promptly. Failure to follow any term or condition will be grounds for immediate
account deactivation.
Disclaimer
Word Adept Media cannot be held liable for
system down time, crashes or data loss. We cannot be held liable for any
predicated estimate of profits which a client would have gained if their site
was functioning. Certain services provided by Word Adept Media are resold. Thus,
certain equipment, routing, software and programming used by Word Adept Media
are not directly owned or written by Word Adept Media. Moreover, Word Adept
Media holds no responsibility for the use of our clients' accounts. Failure to
comply with any terms or conditions will result in the automatic deactivation of
the account in question. We reserve the right to remove any account, without
advance notice for any reason without restitution, as Word Adept Media sees fit.
Account Activation
By activating your account with Word
Adept Media, you agree to the above policies and disclaimer. Upon requesting
activation of an account, you are required to accept these policies, guidelines
and disclaimer, and a copy of your acceptance is forwarded along with your
activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
Although Word Adept Media has an
excellent record for reliability, we do not offer an uptime guarantee. However,
our network and servers are monitored continuously, and are rarely down except
for scheduled maintenance and hardware and software upgrades.
Word Adept Media reserves the right to amend any or all of the above
policies, guidelines and disclaimer without notification. We also retain the
right to increase any pricing and make changes to our account plans without
notification.
Privacy
Revision date:
11/18/2007
Word Adept Media has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.
Order Forms
Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.
Contact information from the order forms is used to get in touch with the customer when necessary.
Billing information that is collected is used to bill the user for services.
Unique identifiers are collected from Web site visitors to verify the user's identity.
Demographic and profile data is also collected at our site.
We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.
Security
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.
Third Parties
Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this
site, or your dealings with this Web site, you can contact:
paul@wordadept.com
Acceptable Use Policy
Revision date:
11/18/2007
As a provider of web site hosting and other Internet-related
services, Word Adept Media offers its customer (also known as "Subscribers") and
their customers and users the means to acquire and disseminate a wealth of
public, private, commercial and non-commercial information. Word Adept Media
respects that the Internet provides a forum for free and open discussion and
dissemination of information. However, when there are competing interests at
issue, Word Adept Media reserves the right to take certain preventive or
corrective actions. In order to protect these competing interests, Word Adept
Media has developed an Acceptable Use Policy ("AUP"), which
supplements and explains certain terms of each customer's respective service
agreement, and is intended as a guide to the customer's rights and obligations
when using Word Adept Media' services. This AUP will be revised from time to
time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Word Adept Media cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Word Adept Media cannot monitor or censor the Internet, and will not attempt to do so, Word Adept Media cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Word Adept Media does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Word Adept Media' network and may reach a large number of people, including both subscribers and non-subscribers of Word Adept Media, subscribers' postings to the Internet may affect other subscribers and may affect Word Adept Media' goodwill, business, reputation or operations. For these reasons, subscribers violate Word Adept Media policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Spamming:
Sending unsolicited bulk and/or commercial
information over the Internet. It is not only harmful because of its negative
impact on consumer attitudes toward Word Adept Media, but also because it can
overload Word Adept Media' network and disrupt service to Word Adept Media'
subscribers. Also, maintaining an open SMTP relay is prohibited. When a
complaint is received, Word Adept Media will investigate and shutdown the
account that is SPAMing. A $250 charge for violating this policy will be charged
to the person initiating the SPAM. Furthermore Word Adept Media reserves the
right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL
sent should Word Adept Media choose to pursue and prosecute.
Audio/Video Streaming:
Audio/Video Streaming is not
hosting friendly. As such, Word Adept Media does not allow any streaming of
audio or video content. Offending accounts will be suspended without noticed or
terminated.
Adult-Oriented Content:
Word Adept Media does not allow
adult content and will suspend/terminate any offending account.
Large File Policy:
Word Adept Media is not for file
hosting and distribution - as such, customers may not host any files larger than
50MB in size that are observed to be available for the sole purpose of download.
Such files include but are not limited to .ISO, audio/video files, .EXE files.
If you are unsure whether your file is against this policy, please e-mail
paul@wordadept.com.
Obscene Speech or Materials:
Using Word Adept Media'
network to advertise, transmit, store, post, display, or otherwise make
available child pornography or obscene speech or material is prohibited. Word
Adept Media is required by law to notify law enforcement agencies when it
becomes aware of the presence of child pornography on or being transmitted
through its network.
Defamatory or Abusive Language:
Using Word Adept Media'
network as a means to transmit or post negative, defamatory, harassing, abusive
or threatening language.
Forging of Headers:
Forging or misrepresenting message
headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts
or networks belonging to another party, or attempting to penetrate security
measures of another individual's system (often known as "hacking"). Also, any
activity that may be used as a precursor to an attempted system penetration
(i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other
Destructive Activities:
Distributing information regarding the
creation of and sending Internet viruses, worms, Trojan horses, pinging,
flooding, mail bombing or denial of service attacks. Also, activities that
disrupt the use of or interfere with the ability of others to effectively use
the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising,
transmitting or otherwise making available any software, program, product or
service that is designed to violate this AUP, which includes the facilitation of
the means to spam, initiation of pinging, flooding, mail bombing, denial of
service attacks and piracy of software.
Export Control Violations:
Exporting encryption software
over the Internet or otherwise, to points outside the United States.
Usenet Groups:
Word Adept Media reserves the right not
to accept postings from newsgroups where we have actual knowledge that the
content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that
are determined to be illegal, including, but not limited to, advertising,
transmitting or otherwise making available ponzi schemes, pyramid schemes,
fraudulently charging credit cards and pirating software.
Other Activities:
Engaging in activities, whether lawful
or unlawful, that Word Adept Media determines to be harmful to its subscribers,
operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Word Adept Media will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Word Adept Media' policy or applicable law. However, when Word Adept Media becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Word Adept Media.
Word Adept Media is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Word Adept Media' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Word Adept Media does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Word Adept Media reserves the right to directly take action against a customer of its subscribers. Also, Word Adept Media may take action against the Word Adept Media' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Word Adept Media anticipates that subscribers who offer Internet services will cooperate with Word Adept Media in any corrective or preventive action that Word Adept Media deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Word Adept Media policy.
Word Adept Media will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Word Adept Media may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Word Adept Media may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Word Adept Media assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Word Adept Media may disclose subscriber information or information transmitted over its network where necessary to protect Word Adept Media and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Word Adept Media will never sell information to other services or outside companies.
Word Adept Media expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Word Adept Media policy. Finally, Word Adept Media wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Word Adept Media for any violation of the Service Agreement, law or Word Adept Media policy resulting in loss to Word Adept Media or the bringing of any claim against Word Adept Media by any third party. This means that, if Word Adept Media is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Word Adept Media, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users,
including Word Adept Media and its subscribers, as responsible members of the
Internet. Any complaints about a subscriber's violation of this AUP should be
sent to paul@wordadept.com.