and Conditions Agreement
The following agreement is between Patrick Webb (here forth known as
"Webb Designs"), an Arkansas Company located at 104 E. Grove
St., El Dorado, AR, 71730, and you (here forth know as "Client").
Webb Designs is an information provider connected to the Internet. Webb
Designs offers data storage and transfer services over the Internet
through access to its equipment;
Client seeks to utilize Webb Designs equipment and software for its
the parties acknowledge that the Internet is neither owned nor controlled
by any one entity; therefore, Webb Designs can make no guarantee that
any given person on-line shall be able to access anyone of Webb Designs's
webservers at any given time. Webb Designs represents that it shall
make every good faith effort to ensure that its equipment is available
as widely as possible and with as little service interruption as possible;
THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
The Client certifies that he or she is at least 18 years of age.
Web hosting requires all monthly, quarterly, and annual fees pre-paid.
Consult the price guide to determine the rates for the hosting package
Webb Designs shall not be liable for any taxes or other fees to be paid
in accordance with or related to purchases made from Client or Webb
Designs's equipment. Client agrees to take full responsibility for all
taxes and fees of any nature associated with such products sold.
Webb Designs will exercise no control whatsoever over the content of
the information passing through the network. Webb Designs makes no warranties
or representations of any kind, whether expressed or implied for the
service it is providing. Webb Designs also disclaims any warranty of
merchantability or fitness for particular purpose and will not be responsible
for any damages that may be suffered by the Client, including loss of
data resulting from delays, non-deliveries or service interruptions
by any cause or errors or omissions of the Client Use of any information
obtained by way of Webb Designs is at the Client's own risk, and Webb
Designs specifically denies any responsibility for the accuracy or quality
of information obtained through its services. Connection speed represents
the speed of a connection to and does not represent guarantees of available
end-to-end bandwidth. Webb Designs expressly limits its damages to the
Client for any non-accessibility time or other down time to the prorated
monthly charge during the system unavailability. Webb Designs specifically
denies any responsibilities for any damages arising as a consequence
of such unavailability.
Client is expected to use the Internet with respect, courtesy, and responsibility,
giving due regard to the rights of other Internet users. Client is expected
to use his/her account for the purposes of maintaining a website only.
Common sense is the best guide as to what is considered acceptable use.
Adult Material Restrictions
Webb Designs forbids websites with adult graphic content (softcore and/or
hardcore), including, but not limited to, banners advertising any adult
website(s), child pornography, and distribution of adult website passwords.
Client's whose accounts are found in violation of this policy may, at
the discretion of Webb Designs, have their account(s) terminated without
notice and are subject to a maximum $1,000 clean-up/disconnection fee.
Webb Designs forbids use of service for those who provide mirroring
service for other website or websites, and/or whose primary purpose
is file distribution. Distribution of executable programs, archive files,
or other non-visual file types is not welcome. Clients who are found
in violation of this policy may, at the discretion of Webb Designs,
have their account(s) terminated without notice or refund.
Hatred messages including racism, sexism, or content promoting one particular
race, sex, or nationality as superior and/ or another race, sex, or
nationality as inferior is unacceptable. Client's whose accounts are
found in violation of this policy may, at the discretion of Webb Designs,
have their account(s) terminated without notice and are subject to a
maximum $1,000 clean-up/disconnection fee.
Client's whose website promotes activities that violate federal, state,
local laws and/or violation of U.S. export restrictions are also not
welcome at Webb Designs. This includes "warez" sites (freely
distributing copyright programs), or sites promoting hacking and/or
cracking programs. Client's whose accounts are found in violation of
this policy may, at the discretion of Webb Designs, have their account(s)
terminated without notice and are subject to a maximum $1,000 clean-up/disconnection
fee. Additionally, Webb Designs may contact the Software Piracy Association
("SPA") and release any information in connection with any
illegal activities relating to software piracy on the Client's account
to federal, state, and/or local law enforcement
Spamming/Mailbombing/Trolling Restrictions/ Mailing Lists Spamming is
the sending of unsolicited e-mail, regardless of size or volume; to
persons the sender does not know or have prior consent to send the message
to. Using fictitious e-mail addresses or any domain name hosted with
Webb Designs is strictly forbidden. Spamming also includes sending unsolicited
advertisements to numerous email addresses or newsgroups and/or generating
a significantly higher volume of outgoing email than a normal user.
A violation of this policy extends to clients who send unsolicited e-mail
from a domain name not affiliated or hosted with Webb Designs but the
mail message makes mention of a website hosted by Webb Designs.
Trolling, the posting of outrageous messages to generate numerous responses,
is also not allowed. Mail Bombing, the sending of multiple messages
without significant new content to the same user and/or subscribing
someone else to a mailing list without that person's permission, cross-posting
articles to an excessive number of newsgroups, or attempting without
authorization to enter into a secured computer system is strictly forbidden.
Webb Designs reserves the right to determine what constitutes abuse
of this policy. Clients whose accounts are found in violation of this
policy may, at the discretion of Webb Designs, have their account(s)
terminated without notice and are subject to a maximum $500 clean-up/disconnection
IRC Bots Restrictions
IRC Bots, or any other automaton programs written in C, Perl or IRC-script
used specifically in conjunction with IRC are not allowed. These programs
tie up system resources and are in no way related to maintaining a website.
Clients are not allowed to have any programs, including but not limited
to, Eggdrop, or any other IRC-related programs, within their account
Client agrees not to upload the tar file for any of these programs or
to execute them within their account. The first violation of this policy
will result in the IRC-related program to be removed from the Client's
account and Webb Designs will notify the Client immediately of the violation.
The second violation of this policy may, at the discretion of Webb Designs,
result in the Client's account(s) being terminated without notice and
a maximum $1,000 clean-up/disconnection fee.
It is the responsibility of the client to ensure that all information
within their account is their own work. Due to distribution rights of
shareware programs, clients may not distribute freeware software programs
unless the programs are their own work. Copyrighted materials include
art, music and other works. MP3 is a popular file format for encoding
music. While we do not ban MP3s, we do ask that any MP3s you have on
your website are not in violation of any copyrights. Copyrighted music,
in any format, cannot be placed within client's account. Clients agree
to indemnify Webb Designs of any possible litigation involving trademark
or copyrighted materials. The best rule to follow is not to copy work
from someone else unless you have been granted permission to use these
materials on your website.
The first violation of this policy will result in the copyrighted material
being removed from the Client's account and Webb Designs will notify
the Client immediately of the violation. The second violation of this
policy may, at the discretion of Webb Designs, result in the Client's
account(s) terminated without notice and a maximum $1,000 clean-up/disconnection
Client agrees not to store Game-emulators or ROMs within their account
These emulators/ROMS commonly violate copyright law and therefore are
not allowed at Webb Designs. Any emulator(s), or programs that will
allow you to play certain ROMs for a specific game console or computer
or ROM(s), (read only memory) game cartridges in binary format are prohibited.
If these programs are found within the Client's account, it may, at
the discretion of Webb Designs, result in the Client's account (s) terminated
without notice and a maximum $1,000 clean-up/disconnection fee.
Client agrees to take all responsibility for all programs including
CGI scripts executed under their account Programs that consume an excessive
amount of CPU run time or Random Access Memory (RAM) are not permitted.
Client agrees and understands that such excessive use can have an adverse
effect on the performance of the web server. Client agrees to accept
responsibility for programs executed under his/her account, regardless
of who authored the program. Webb Designs has sole discretion over what
constitutes excessive usage.
Trademarks & Copyrights:
Client warrants that it has the right to use the applicable trademarks,
if any, and grants Webb Designs the right to use such trademarks in
connection with Webb Designs's service. This includes the right granted
by Client to Webb Designs to advertise the Client in conjunction with
Webb Designs's service.
Hardware, Equipment & Software:
The customer is responsible for and must provide all telephone, computer,
hardware and software equipment and services necessary to access Webb
Designs. This equipment includes a personal computer equipped with a
2400 baud modem or faster, Internet access via an ISP ("Internet
Service Provider"). Webb Designs makes no representations, warranties
or assurances that the Customer's equipment will be compatible with
the Webb Designs service. Client understands that Webb Designs is not
an ISP and therefore will not provide dial-up Internet access for the
Client is not entitled to any sort of refund due to ignorance of Webb
Designs's underlying service or payment policies. This includes, but
is not limited to, cancelation because of a twelve month minimum payment
upfront Webb Designs not providing dial-up Internet access, problems
registering or transferring any domain, U.S. top-level or foreign, getting
programs (CGI scripts) or features (search engines, guest books, etc.)
working on the Client's account. Client may not be entitled to any sort
of refund because he/she had violated any one of the restrictions outlined
in the acceptable uses policy above, even if the Client provided written
notice within 30 days for a service-related reason. Client will not
be entitled to a refund for cancelation due to the fact that he/she
did not read our acceptable uses and later learned that his/her content
violates our acceptable uses. Acts of God, including but not limited
to, earthquakes, thunderstorms, or fires, which result in an interruption
in service, are exempt from the service guarantee. Because these circumstances
are beyond the control of Webb Designs, the service guarantee will be
void under these conditions. However, Webb Designs will make every good
faith effort to reinstate service to Client as quickly as possible.
Either party, without cause, may terminate this Agreement by giving
the other party 30 days written notice prior to the renewal period.
Notwithstanding the above, Webb Designs may terminate service under
this Agreement at any time, without penalty, and collect any termination
fees as outlined above if the Client fails to comply with the terms
of this Agreement.
1.Client expressly agrees that use of Webb Designs' equipment is at
Client's sole risk.
Neither Webb Designs, its employees, affiliates, agents, third party
providers, warrant that Webb Designs' service will not be interrupted
or error free; nor
do they make any warranty as to the results that may be obtained from
the use of
the service or as to the accuracy, reliability or content of any information
merchandise contained in or provided through Webb Designs, unless otherwise
expressly stated in this Agreement
2.Under no circumstances, including negligence, shall Webb Designs,
its offices, agents
or any one else involved in creating, producing or distributing Webb
Designs' service be
liable for any direct, indirect, incidental, special or consequential
result from the use of or inability to use of Webb Designs' service;
or that results from
mistakes, omissions, interruptions, deletion of files, errors, defects,
operation, or transmission or any failure of performance, whether or
not limited to
acts of God, communication failure, theft, destruction or unauthorized
Webb Designs' records, programs or services. Client hereby acknowledges
paragraph shall apply to all content on Webb Designs' Server service.
3. Notwithstanding the above, Client's exclusive remedies for all damages,
and causes of actions whether in contract tort including negligence
shall not exceed the aggregate dollar amount which Client paid during
the term of
Client agrees that it shall defend, indemnify, save and hold Webb Designs
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees, ("Liabilities") asserted
against Webb Designs, its agents, its customers and employees, that
may arise or result from any service provided or performed or agreed
to be performed or any product sold by Client, its agents, employees
or assigns. Client agrees to defend, indemnify and hold harmless Webb
Designs against Liabilities arising out of (i) any injury to person
or property caused by any products sold or otherwise distributed in
connection with Webb Designs's equipment; (ii) any material supplied
by Client infringing or allegedly infringing on the proprietary rights
of a third party; (iii) Copyright infringement and (iv) any defective
product which Client sold using Webb Designs's service.
Revisions of these Terms and Conditions of Service will not be applicable
to previous Contracts. Revisions will be considered agreed to by the
Client on renewal of the Webb Designs service.
Both parties, upon renewal of services, agree to any changes or modifications
to these Terms and Conditions of Service. These Terms and Conditions
of Service shall be governed and construed in accordance with the laws
of the State of Arkansas and of the Internet. By placing an order for
Webb Designs services, both parties agree to the terms as outlined above.