website2Go Terms & Conditions
Acceptable Use Policy
Atomicweb's Acceptable Use Policy has been formulated with the following goals in mind:
- Ensure security, reliability and privacy of Atomicweb systems and network, and the networks and systems of others.
- Avoid situations that may cause Atomicweb to incur civil liability.
- Maintain the image and reputation of Atomicweb as a responsible organization.
- Preserve the value of Internet resources as a conduit for free expression.
- Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services.
- Preserve the privacy and security of individual users.
The Acceptable Use Policy below defines the actions which Atomicweb considers to be abusive, and thus, strictly prohibited.
The examples named in this list are non-exclusive, and are provided solely for guidance to Atomicweb customers. If you are unsure whether any contemplated use or action is permitted, please send mail to email@example.com and we will assist you. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by Atomicweb. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement.
General Conduct Customers are prohibited from transmitting on or through any of Atomicweb's services, any material that is, in Atomicweb's sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
Atomicweb's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Atomicweb reserves the right to remove such illegal material from its servers.
The customer is responsible for keeping his billing data with Atomicweb up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
The resale of Atomicweb's products and services is not permitted, unless specifically permitted and documented in a written agreement.
Network Security Customers may not use Atomicweb's network as to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy.
Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding. mailbombing, or other deliberate attempts to overload or crash a host or network.
Atomicweb will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability.
E-mail Atomicweb has zero tolerance for Unsolicited Commercial Email (UCE) that is in any way associated with Atomicweb, its clients, or any of its client's associates. Customers are prohibited from using UCE as a means of advertising data or services hosted on Atomicweb's network, or using the network to distribute such materials. Infringements of this policy can result in any one of the following:
- A warning from Atomicweb, via E-mail or phone.
- Removal of DNS for the advertised / originating site.
- Temporary shutdown of the server or a block on outgoing mail.
- Permanent disconnection of service.
Infringements of this policy include, but are not limited to:
- Sending mail to users who have not specifically requested to receive such mail, including opt-out mailing lists.
- Sending, being involved in sending, or employing a third party to send mail which advertises or mentions a site hosted at Atomicweb to users that have not specifically requested this mail.
- Forging of message headers to mask the originator of the message.
- Distributing software designed to aid in the delivery of UCE.
You will be held responsible for the actions in this matter. Please review the information at http://spam.abuse.net for more information on what constitutes UCE, or 'Spam.'
Harassment, whether through language, frequency, or size of messages, is prohibited.
These rules apply to other types of Internet-based message distribution.
General Online Communicatons Atomicweb is not liable for the content of any communications or posting, other than those made by representatives of Atomicweb, whether or not the communication originated from Atomicweb's network. Postings to public forums must comply with the written charters or FAQs for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/FAQs explicitly permit them (see SPAM / Email Abuse). The poster is responsible for determining the etiquette of a given forum, prior to posting.
Customers are prohibited from posting the same or similar message to large numbers of newsgroups or otherwise flooding users with unwanted information.
Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
Customers are prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
Customers may not attempt to impersonate others in a public forum.
Terms and Conditions
In consideration of your subscription fee, website2Go provides its site hosting and email services ("the service") to you, subject to the following Terms & Conditions, which may be updated at any time without prior notice to you. CurrentTerms & Conditions may be reviewed at any time at http://www.website2go.com/p1381.html.
website2Go Terms & Conditions apply to all current website2go services and products, and to any future services and products that may be offered, unless otherwise specified.
2. DATA INTEGRITY AND PROTECTION
Website2Go performs daily backups of all customer data and makes every effort to safeguard that data and prevent its loss, but we are not responsible for loss of your data and cannot guarantee its safety. We strongly urge you to maintain copies of all of your website text and images on your own computer, and to implement your own backup regimen, to facilitate recovery in case of catastrophe. website2Go services and products are offered AS-IS and neither website2Go nor atomicweb are responsible for data loss.
3. WWW ACCESS
To use the website2Go tools, you must have access to the World Wide Web. Such access and the communications and computer equipment necessary to use it are your responsibility.
4. YOUR OBLIGATIONS
Subscribing to website2Go obligates you to provide true, accurate, current, and complete information about yourself on the website2Go registration form. You agree to maintain that information in a timely manner to reflect any changes after your initial registration.
You agree to pay any fees associated with registration of your domain name(s). If you fail to pay such fees and the registry agency attempts to collect them from website2Go, we reserve the right to charge them to the credit card you used to subscribe to website2Go.
You agree that you, not website2Go, are solely responsible for all content on your site or transmitted via a website2Go email account, including links to non-website2Go resources. Website2Go does not prescreen or control such content, and cannot be held responsible for its accuracy, integrity, completeness, or quality. Website2Go shall have the right (but no obligation) to remove any content that in its sole discretion is in violation of these Terms & Conditions.
You agree not to use your website2Go pages or email privileges to:
a. upload, post, email or otherwise transmit any content that is threatening, abusive, harassing, unlawful, libelous, harmful, tortious, vulgar, obscene, defamatory, invasive of another's privacy, hateful, or racially, ethnically, culturally or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a website2Go officer or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the website2Go service;
e. upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as copyrighted text or images; insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the website2Go service or servers or networks connected to the website2Go service, or disobey any requirements, procedures, policies or regulations of networks connected to the website2Go service;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations of the U.S. Securities and Exchange Commission, U.S. Federal Communications Commission, U.S. Federal Trade Commission; any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k. "stalk" or otherwise harass another; or
l. collect or store personal data about other users.
You agree and acknowledge that website2Go may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce these Terms & Conditions; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of website2Go, its employees, its owners, its users and the public.
5. INTERNATIONAL USE
Recognizing and acknowledging the global nature of the Internet, you agree to comply with all local rules and regulations regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from or imported to the United States or to/from the country in which you reside.
You agree to indemnify and hold blameless and harmless website2Go, and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and all employees thereof, from any claim or demand, including attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the website2Go service, your use of the service, your connection to the service, your violation of the Terms & Conditions, or your violation of any rights of another.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the website2Go service, use of the service, or access to the service.
8. MODIFICATIONS TO SERVICE
Website2Go reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its service (or any part thereof) with or without notice. You agree that website2Go shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
You agree that website2Go, in its sole discretion, may terminate your password, account (or any part thereof) or use of the website2Go service, and remove and discard any content within the service, for any reason, including, but without limitation, lack of use or if website2Go believes that you have violated or acted inconsistently with the letter or spirit of the Terms & Conditions. Website2Go may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of these Terms & Conditions may be effected without prior notice, and acknowledge and agree that website2Go may immediately de-activate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that website2Go shall not be liable to you or any third-party for any termination of your access to the service.
10. PROPRIETARY RIGHTS
You agree that the website2Go Editor, as well as the content of other website2Go subscribers' sites, contains proprietary and confidential information that is protected by applicable intellectual property and other laws, both U.S. and international. Except as expressly authorized by website2Go or the respective individual subscribers, you agree not to modify, duplicate, rent, lease, loan, sell, distribute or create derivative works based on the website2Go service, in whole or in part.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEBSITE2GO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WEBSITE2GO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBSITE2GO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS & CONDITIONS.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBSITE2GO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEBSITE2GO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
IN SOME JURISDICTIONS, THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT ALLWED. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.
Should website2Go need to notify you of any changes in your service or to your account, notice will be made to you via either email or regular mail. The service may also provide notices of changes to the Terms & Conditions or other matters by displaying notices or links to notices to you generally on the service.
15. TRADEMARK INFORMATION
Website2Go and Atomicweb are trademarks of Atomicweb, LLC, and may not be displayed or used without its prior written permission.
16. COPYRIGHTS and COPYRIGHT AGENTS
Website2Go acknowledges and respects the intellectual property of others, and we ask our users to do the same. If you believe that the content of your website or of the website2Go home pages has been copied in a way that constitutes copyright infringement, please provide the following information to us:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
17. GENERAL INFORMATION
These Terms & Conditions constitute the entire agreement between you and website2Go. They govern your use of the service and supercede any prior agreements between you and website2Go. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms & Conditions and the relationship between you and website2Go shall be governed by the laws of the District of Columbia without regard to its conflict of law provisions. You and website2Go agree to submit to the personal and exclusive jurisdiction of the courts located within the District of Columbia. The failure of website2Go to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms & Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website2Go service or the Terms & Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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See also the
OpenSRS Registration Agreement
OpenSRS .BIZ Registration Agreement
OpenSRS .INFO Agreement
ICANN Registrants Rights and Responsibilities