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HOSTING Terms and Conditions
 
1) Internic Registration Fee - Worldwide Publishing Corp.'s setup fee does NOT include domain name registration fees.

2) Service Fee Increases - Worldwide Publishing Corp. will publish a notice of fee increases 30 days before such increases take effect.

3) Minimum Contract Term. The minimum term of the service contract will be 3 months.

4) Payment Terms. We accept MasterCard, Visa, Corporate and Personal Checks, and bank draft. All maintenance fees under $100 per month are paid quarterly in advance. A monthly billing option is available if paid for by credit card or bank draft. Client will receive an invoice for charges quarterly and payment is due upon receipt.

5) Accounting Cycle. The Worldwide Publishing Corp. accounting cycle begins on the 1st of each month. Charges for new accounts are prorated. Charges for terminating accounts are not prorated. Payment is due at beginning of each accounting cycle.

6) Delinquent Accounts. Accounts that remain unpaid 5 days after beginning of accounting cycle are delinquent. These delinquent accounts are put on "hold" and become inaccessible. Accounts that are unpaid for a whole accounting cycle automatically have their files archived. Accounts that are unpaid for 2 accounting cycles have their files deleted. Accounts continue to accrue charges while they are on hold.

7) Late Fees. Late charges accrue at the greater of 18% per year (1.5% per month) or the maximum interest rate permitted by law. 8) Reconnection Charge. There is a service reconnection charge equal to one half the currently charged set-up fee to remove accounts from accounting hold status. The account holder acknowledges responsibility for the account until payment in full is made. There is a US$25.00 service charge for each returned check.

9) Account Cancellation by Worldwide Publishing Corp. Service Provider reserves the right, in its sole discretion, to deactivate the Client's Virtual Hosting account(s) upon an indication of credit problems including delinquent payments or abuse of service.

10) Account Cancellations by Client.Cancellation requests for Worldwide Publishing Corp. accounts must be received in writing via fax at (561) 588-4457 or via postal service. Address for notification is Worldwide Publishing Corp.,PO Box 3405, Palm Beach, Florida 33480. Such requests must be received by the 5:00 p.m. Eastern Standard time on the 15th of the previous month in order to be processed by the beginning of the next accounting cycle. All accounts must be paid in full before the transaction will be considered complete.

11) Description of Services. Worldwide Publishing Corp. will provide services on its host computing systems to individual and corporate account holders in exchange for payment of fees and compliance with the terms and conditions of this document. Services are defined as the use by the account holder of computing, telecommunications, software, and information services provided by Worldwide Publishing Corp.

12) No Historical Archival of Content. While Worldwide Publishing Corp. backs up its server computers as a regular part of its internal systems administration, the Service is for Content hosting and display. WORLDWIDE PUBLISHING CORP. advises Customer that it does not provide or guarantee any storage or backup of Customer's Content. Customer is responsible for providing any storage, backup and archival history support with respect to its Content, whether created by Customer or for Customer by a different party.

13) No Warranty of Service. Client expressly agrees that use of Worldwide Publishing Corp's Server is at Client's sole risk. The provider’s service is provided on an "as is, as available" basis. The provider gives no warranty, expressed or implied, for the virtual hosting services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose.

14) No Warranty of Information on the Network. The account holder also acknowledges that the information available through the interconnecting networks may not be accurate. Worldwide Publishing Corp. has no ability or authority over the material. Worldwide Publishing Corp. can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through Worldwide Publishing Corp. services is at the risk of the account holder.

15) Use of Public Domain Material. Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using Worldwide Publishing Corp. services. Account holders may also re-distribute materials in the public domain. The account holder assumes all risks regarding the determination of whether the material is in the public domain.

16) Trademarks & Copyrights. Client hereby agrees that any material submitted for publication on provider through client's account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Client hereby agrees to indemnify and hold harmless the provider for any claim resulting from the submission of illegal materials. As provided by United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using Worldwide Publishing Corp. services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use only. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor neither can the author attribution notices nor the copyright notices be modified.

17) Domain Name Allocation and Trade Names/Service Marks. If the InterNIC or other delegated authorities remove allocation or support for the "inter.net" domain, Customer agrees not to bring any claims or suits against, or otherwise seek to recover moneys from, WORLDWIDE PUBLISHING CORP. for any damages, expenses or liabilities caused thereby.

18) Compliance with Applicable Laws. The account holder agrees to use the services provided by Worldwide Publishing Corp. as permitted by applicable local, state, and federal laws. The account holder agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law. Upon discovering any potentially illegal activity, client’s account may be deactivated without warning..

19) Pornographic Material. The account holder agrees that they will have no references to pornographic material on their site or on the sites of any customers who are maintaining files on their virtual webserver. 20) Indemnification. Customer agrees to defend, indemnify and hold harm-less Worldwide Publishing Corp. and its subsidiaries, directors and employees, its agents and sub-contractors, against any and all allegations, claims, expenses (including reasonable attorney's fees), liability or suits threatened, made or brought in relation to or arising from customer's design, creation, provision or use of information and technologies in their content, including, but not limited to, any related copyrights, trade secrets, trade names, patents, intellectual property rights or obscenity laws in any country or jurisdiction in which the content can be viewed or retrieved.

21) Limitation of Liability. – Under no circumstances, including negligence, shall WORLDWIDE PUBLISHING CORP, or its subsidiaries, directors and employees, its agents and sub-contractors be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or inability to use the WORLDWIDE PUBLISHING CORP Server service. This includes but is not limited to results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Worldwide Publishing Corp's records, programs or services. This also includes any injury to person or property caused by any products sold or otherwise distributed in connection with Worldwide Publishing Corp's Server; and any defective products which Client sold on WORLDWIDE PUBLISHING CORP Server. Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this contract.

22) Secure Passwords. The account holder agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary.

23) Abuse of System Resources. Any use of Worldwide Publishing Corp. system resources that disrupts the normal use of the system for other customers is considered to be abuse of system resources and is grounds for administrative intervention. Examples of system abuse include spamming, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time. Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have their account suspended. If the misuse is unintentional, the suspension may be rescinded following discussion with Worldwide Publishing Corp. Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the System Administrator, and may require the payment of a service reconnection charge.

24) Spamming. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is STRICTLY PROHIBITED. Anyone caught using providers mail servers to relay mail will have their account deactivated and may face criminal prosecution. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's Virtual Hosting account(s).

25) Violations. Violations of any of the Worldwide Publishing Corp. conditions of use are unethical and may be criminal offenses. You are expected to report to any instances in which the conditions of use have been or are being violated. When Worldwide Publishing Corp. becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, we may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the System Administrator, following payment of a reconnection charge.

26) IP Numbers Provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

27) Notice. Any notice required to be given under this contract shall be in writing and mailed by certified mail, return receipt requested, postage prepaid, to the parties at the addresses set forth in the heading. The address of a party to which notices shall be mailed may be changed by giving written notice to the other parties.

28) Waiver. The failure of either party to enforce any term or condition hereof shall not constitute a waiver of any party's right to seek enforcement of any such provision. No waiver of any provision of this Contract shall be deemed, or shall constitute, a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This Contract shall be construed and controlled by the laws of the State of Florida. Further, the parties agree to exclusive venue for any disputes being in Palm Beach County, Florida.

29) Survival. In the event any term or condition herein is invalid or determined to be unenforceable, it shall not effect the validity or enforceability of the remainder of this agreement. Further, if any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain.

30) Legal Fees. In the event the Provider must commence legal action to enforce its rights hereunder it shall be entitled to legal fees and costs for collection of any and all sums due hereunder. without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or products provided through or in connection with the service.

31) Assignment. Client may not sell, transfer, or assign this Agreement, without the prior written consent of the other which consent shall not be unreasonably withheld.

Active Internet is a registered trademark of Worldwide Publishing Corp.
All content, material and software is copyright Worldwide Publishing Corp. 1995 - 2003.
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