Legal

Unless you are an attorney, you probably aren’t terribly excited about legal jargon…

We offer service worldwide so to help facilitate some of the legalities behind building and hosting a website, we’ve included our US and UK privacy policies. You’ll also find our terms of usage.

U.S. Privacy Policy for Web Your Business Inc

United States- Privacy Policy for Web Your Business Inc.

THE WEB YOUR BUSINESS COMPANIES CUSTOMER PRIVACY POLICY STATEMENT

The Web Your Business Companies’ Customer Privacy Policy has been developed as an extension of our commitment to combine the finest quality products and services with the highest level of integrity in dealing with our customers. The Policy guides how we collect, store and use information about customers and prospects, and it will be periodically assessed against new technologies, business practices and our customers’ changing needs.

The Web Your Business Companies may, from time to time, modify this Customer Privacy Policy to reflect legal, technological and other developments. In that event the changes will appear at this location.

The Web Your Business Companies ensures that all personally-identifiable information collected is collected lawfully and in accordance with the UK Data Protection Act of 1998.

Our Policy recognizes two kinds of personal data that deserve varying levels of protection. Personally-Identifiable Information includes, for example, e-mail addresses, billing information, employment status and “click stream” data that tracks user activity on a Web site or online service. A subset of that category, Sensitive Data, deserves additional safeguards. Sensitive Data includes, by way of example, Social Security numbers, personal financial data (such as specific salary, net worth or individual portfolio information), and information about specific medical conditions.

The Web Your Business Companies is committed to using all reasonable efforts to abide by the following Policy statement:

1. Collection. Personally-Identifiable Information will only be collected to the extent that The Web Your Business Companies deems reasonably necessary to serve a legitimate business purpose. Please be aware that if you disclose Personally-Identifiable Information on Website message boards or chat areas, that information may be collected and used by third parties without our knowledge and may result in unsolicited communications from third parties. Such activities are beyond the control of The Web Your Business Companies.

2. Notification. Customers and prospects will be notified (usually at the point where Personally-Identifiable Information is collected) as to the uses the business unit may make of the Personally-Identifiable Information collected from them.

3. Choice: Opt Out for External Distribution of Personally-Identifiable Information. Customers and Prospects will be given the opportunity to refuse permission for External Distribution of their name, address or other Personally-Identifiable Information through an Opt Out mechanism. (External Distribution does not include certain limited distributions such as sharing Personally-Identifiable Information with an entity working on behalf of The Web Your Business Companies to serve our customers; transfer of Personally-Identifiable Information in conjunction with the sale or similar transfer of a business unit; or the disclosure of Personally-Identifiable Information in connection with legal proceedings, investigations of crimes or other wrongdoing. However, sharing Personally-Identifiable Information with an entity working on behalf of The Web Your Business Companies or transferring Personally-Identifiable Information in conjunction with the sale or similar transfer of a business unit is considered an Onward Transfer and will be handled as described below.)

Opt Out for Internal Marketing. Customers and Prospects will be given the opportunity to refuse permission for Internal Marketing of their name, address or other Personally-Identifiable Information through an Opt Out mechanism. Internal Marketing may include activities generated, initiated or produced by one or more of our parent Web Your Business Group of companies with the expressed intent of marketing a Web Your Business product. Your may at any time opt out of such activities by sending an email to [email protected] You should find the opportunity to opt out whenever you find your information gathered for marketing purposes. This opt out will be in the form of an opt out check box.

4. Security. Appropriate safeguards will be implemented to ensure the security, integrity and privacy of Personally-Identifiable Information about our customers and prospects.

5. Access: Review and correction. Procedures have been developed through which customers and prospects can, upon request, review and correct the Personally-Identifiable Information that has been collected from them by The Web Your Business Companies. These procedures may not, however, compromise the security, integrity and privacy of either The Web Your Business Companies’ own proprietary databases or databases licensed from third party companies.

6. Sensitive Data. The collection and use of Sensitive Data carries with it special obligations and responsibilities in order to maintain the data’s security, integrity and privacy. Sensitive Data will not be rented or otherwise made available for External Distribution outside The Web Your Business Companies (although it may be made available through Onward Transfer as described below). Customers and prospects will be given the opportunity to refuse permission for their Sensitive Data to be distributed outside of the business unit that collected the Sensitive Data through use of an Opt Out mechanism for Internal Distribution within The Web Your Business Companies.

Note: Customers of units based in an EU Member State will be asked for explicit consent (Opt In) to the transfer of EU Sensitive Data outside of the EU, including an Internal Distribution or transfer that takes place within a particular business unit of The Web Your Business Companies.

7. Onward Transfer. Whenever The Web Your Business Companies permits a third party outside of The Web Your Business Companies to access Personally-Identifiable Information through either External Distribution or Onward Transfer, commercially appropriate procedures will be followed to help ensure that the Information is used only for authorized purposes and by authorized persons in a manner consistent with the choices customers and prospects have made under this Policy, and that the security, integrity and privacy of the information is maintained. Please note that our Website may contain links to other Websites that have their own privacy policies and practices. While The Web Your Business Companies will employ commercially appropriate procedures to help ensure that your information is only used for authorized purposes as described above, The Web Your Business Companies cannot make any guarantees with respect to the actions or policies of such third parties.

Children: Collection and use of information from children under the age of thirteen will be made in compliance with the Children’s Online Privacy Act of 1998. Specifically, The Web Your Business Companies will:

a. Provide parents or guardians with notice of our information practices;

b. obtain prior verifiable parental or guardian consent for the collection, use, and/or disclosure of Personally-Identifiable Information from children;

c. provide a parent or guardian, upon request, with the means to review the Personally-Identifiable Information collected from his or her child;

d. provide a parent or guardian with the opportunity to prevent the further use of Personally-Identifiable Information that has already been collected, or the future collection of Personally-Identifiable Information, from that child;

e. limit collection of Personally-Identifiable Information for a child’s online participation in a game, prize offer or other activities to Personally-Identifiable Information that is reasonably necessary to participate in the activity; and

f. establish procedures to protect the confidentiality, security and integrity of the Personally-Identifiable Information collected from children.

8. Cookies: The Web Your Business Companies policy on Cookies is that they should not be used to provide access to Personally-Identifiable Information other than where explicity approved by the person browsing the site. An example of this kind of use would be a ‘Remember Me’ facilitiy within one of our online stores. This use will allow the person to explicitly permit their personal details to be stored (on their computer) and retrieved when they return for a repeat purchase, to aid them in a rapid checkout procedure

The Web Your Business Companies online stores use cookies to store a shopping basket ID during online shopping sessions. These cookies do not provide any access to any Personally-Identifiable Information in any way.

9. Questions and comments? The Web Your Business Companies Customer Privacy Policy has been developed out of respect for the privacy preferences and choices of our customers and prospects. We have established procedures to ensure that every reasonable effort is made to address your concerns. Each business unit within The Web Your Business Companies has designated a Privacy Official to implement our Customer Privacy Policy for its respective customers and prospects. You should find contact information on each of our business unit’s Web sites that collect data from you.

10. The Corporation also has established a standing Privacy Steering Committee consisting of senior corporate executives and managers from our major business segments. This Committee will continue to oversee implementation of and compliance with our Policy and will adapt the Policy to reflect changes in technology and customer expectations. The co-chairs of the Committee are also charged with handling unresolved customer concerns. You can reach them by sending an e-mail message to [email protected]

11. If you feel that we are not abiding by this or any other posted privacy policies, you should first contact our Privacy Steering Committee by email using the [email protected] address. If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact TRUSTe at http://www.truste.org. TRUSTe will then serve as a liaison with the Web site to resolve your concerns.

U.K. Privacy Policy for Web Your Business Inc

United Kingdom- Privacy Policy for Web Your Business Inc.

THE WEB YOUR BUSINESS COMPANIES CUSTOMER PRIVACY POLICY STATEMENT

The Web Your Business Companies’ Customer Privacy Policy has been developed as an extension of our commitment to combine the finest quality products and services with the highest level of integrity in dealing with our customers. The Policy guides how we collect, store and use information about customers and prospects, and it will be periodically assessed against new technologies, business practices and our customers’ changing needs.

The Web Your Business Companies may, from time to time, modify this Customer Privacy Policy to reflect legal, technological and other developments. In that event the changes will appear at this location.

The Web Your Business Companies ensures that all personally-identifiable information collected is collected lawfully and in accordance with the Data Protection Act 1998.

Our Policy recognizes two kinds of personal data that deserve varying levels of protection. Personally-Identifiable Information includes, for example, e-mail addresses, billing information, employment status and “click stream” data that tracks user activity on a Web site or online service. A subset of that category, Sensitive Data, deserves additional safeguards. Sensitive Data includes, by way of example, Social Security numbers, personal financial data (such as specific salary, net worth or individual portfolio information), and information about specific medical conditions.

The Web Your Business Companies is committed to using all reasonable efforts to abide by the following Policy statement:

The Web Your Business Companies’ Customer Privacy Policy has been developed as an extension of our commitment to combine the finest quality products and services with the highest level of integrity in dealing with our customers. The Policy guides how we collect, store and use information about customers and prospects, and it will be periodically assessed against new technologies, business practices and our customers’ changing needs.

The Web Your Business Companies may, from time to time, modify this Customer Privacy Policy to reflect legal, technological and other developments. In that event the changes will appear at this location.

The Web Your Business Companies ensures that all personally-identifiable information collected is collected lawfully and in accordance with the Data Protection Act 1998.

Our Policy recognizes two kinds of personal data that deserve varying levels of protection. Personally-Identifiable Information includes, for example, e-mail addresses, billing information, employment status and “click stream” data that tracks user activity on a Web site or online service. A subset of that category, Sensitive Data, deserves additional safeguards. Sensitive Data includes, by way of example, Social Security numbers, personal financial data (such as specific salary, net worth or individual portfolio information), and information about specific medical conditions.

The Web Your Business Companies is committed to using all reasonable efforts to abide by the following Policy statement:

1. Collection. Personally-Identifiable Information will only be collected to the extent that The Web Your Business Companies deems reasonably necessary to serve a legitimate business purpose. Please be aware that if you disclose Personally-Identifiable Information on Website message boards or chat areas, that information may be collected and used by third parties without our knowledge and may result in unsolicited communications from third parties. Such activities are beyond the control of The Web Your Business Companies.

2. Notification. Customers and prospects will be notified (usually at the point where Personally-Identifiable Information is collected) as to the uses the business unit may make of the Personally-Identifiable Information collected from them.

3. Choice: Opt Out for External Distribution of Personally-Identifiable Information. Customers and Prospects will be given the opportunity to refuse permission for External Distribution of their name, address or other Personally-Identifiable Information through an Opt Out mechanism. (External Distribution does not include certain limited distributions such as sharing Personally-Identifiable Information with an entity working on behalf of The Web Your Business Companies to serve our customers; transfer of Personally-Identifiable Information in conjunction with the sale or similar transfer of a business unit; or the disclosure of Personally-Identifiable Information in connection with legal proceedings, investigations of crimes or other wrongdoing. However, sharing Personally-Identifiable Information with an entity working on behalf of The Web Your Business Companies or transferring Personally-Identifiable Information in conjunction with the sale or similar transfer of a business unit is considered an Onward Transfer and will be handled as described below.)

Opt Out for Internal Marketing. Customers and Prospects will be given the opportunity to refuse permission for Internal Marketing of their name, address or other Personally-Identifiable Information through an Opt Out mechanism. Internal Marketing may include activities generated, initiated or produced by one or more of our parent Web Your Business Group of companies with the expressed intent of marketing a Web Your Business product. Your may at any time opt out of such activities by sending an email to [email protected] You should find the opportunity to opt out whenever you find your information gathered for marketing purposes. This opt out will be in the form of an opt out check box.

4. Security. Appropriate safeguards will be implemented to ensure the security, integrity and privacy of Personally-Identifiable Information about our customers and prospects.

5. Access: Review and correction. Procedures have been developed through which customers and prospects can, upon request, review and correct the Personally-Identifiable Information that has been collected from them by The Web Your Business Companies. These procedures may not, however, compromise the security, integrity and privacy of either The Web Your Business Companies’ own proprietary databases or databases licensed from third party companies.

6. Sensitive Data. The collection and use of Sensitive Data carries with it special obligations and responsibilities in order to maintain the data’s security, integrity and privacy. Sensitive Data will not be rented or otherwise made available for External Distribution outside The Web Your Business Companies (although it may be made available through Onward Transfer as described below). Customers and prospects will be given the opportunity to refuse permission for their Sensitive Data to be distributed outside of the business unit that collected the Sensitive Data through use of an Opt Out mechanism for Internal Distribution within The Web Your Business Companies.

Note: Customers of units based in an EU Member State will be asked for explicit consent (Opt In) to the transfer of EU Sensitive Data outside of the EU, including an Internal Distribution or transfer that takes place within a particular business unit of The Web Your Business Companies.

7. Onward Transfer. Whenever The Web Your Business Companies permits a third party outside of The Web Your Business Companies to access Personally-Identifiable Information through either External Distribution or Onward Transfer, commercially appropriate procedures will be followed to help ensure that the Information is used only for authorized purposes and by authorized persons in a manner consistent with the choices customers and prospects have made under this Policy, and that the security, integrity and privacy of the information is maintained. Please note that our Website may contain links to other Websites that have their own privacy policies and practices. While The Web Your Business Companies will employ commercially appropriate procedures to help ensure that your information is only used for authorized purposes as described above, The Web Your Business Companies cannot make any guarantees with respect to the actions or policies of such third parties.

Children: Collection and use of information from children under the age of thirteen will be made in compliance with the Children’s Online Privacy Act of 1998. Specifically, The Web Your Business Companies will:

a. Provide parents or guardians with notice of our information practices;

b. obtain prior verifiable parental or guardian consent for the collection, use, and/or disclosure of Personally-Identifiable Information from children;

c. provide a parent or guardian, upon request, with the means to review the Personally-Identifiable Information collected from his or her child;

d. provide a parent or guardian with the opportunity to prevent the further use of Personally-Identifiable Information that has already been collected, or the future collection of Personally-Identifiable Information, from that child;

e. limit collection of Personally-Identifiable Information for a child’s online participation in a game, prize offer or other activities to Personally-Identifiable Information that is reasonably necessary to participate in the activity; and

f. establish procedures to protect the confidentiality, security and integrity of the Personally-Identifiable Information collected from children.

8. Cookies: The Web Your Business Companies policy on Cookies is that they should not be used to provide access to Personally-Identifiable Information other than where explicitly approved by the person browsing the site. An example of this kind of use would be a ‘Remember Me’ facility within one of our online stores. This use will allow the person to explicitly permit their personal details to be stored (on their computer) and retrieved when they return for a repeat purchase, to aid them in a rapid checkout procedure

The Web Your Business Companies online stores use cookies to store a shopping basket ID during online shopping sessions. These cookies do not provide any access to any Personally-Identifiable Information in any way.

9. Questions and comments? The Web Your Business Companies Customer Privacy Policy has been developed out of respect for the privacy preferences and choices of our customers and prospects. We have established procedures to ensure that every reasonable effort is made to address your concerns. Each business unit within The Web Your Business Companies has designated a Privacy Official to implement our Customer Privacy Policy for its respective customers and prospects. You should find contact information on each of our business unit’s Web sites that collect data from you.

10. The Corporation also has established a standing Privacy Steering Committee consisting of senior corporate executives and managers from our major business segments. This Committee will continue to oversee implementation of and compliance with our Policy and will adapt the Policy to reflect changes in technology and customer expectations. The co-chairs of the Committee are also charged with handling unresolved customer concerns. You can reach them by sending an e-mail message to [email protected]

11. If you feel that we are not abiding by this or any other posted privacy policies, you should first contact our Privacy Steering Committee by email using the [email protected] address. If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact TRUSTe at http://www.truste.org. TRUSTe will then serve as a liaison with the Web site to resolve your concerns.

Web Your Business Terms of Use

Terms of Use for Web Your Business Inc.

1. INTRODUCTION

1.1 The Web Your Business Hosting service is a web space, dialup and internet domain service (the “WYBH Service”) provided by web Your Business Limited (“Web Your Business”) and use of the WYBH service on the server which Web Your Business provides the WYBH service (the “Web Your Business system”) is at all times subject to the terms and conditions of this Agreement. You agree to be bound by the terms of this Agreement by clicking on the “I agree to be bound by these terms and conditions” icon on Web Your Business’s web site or by signing the application form. If you do not agree to these terms, the US Privacy Policies or UK Privacy Policies, and the End User License Agreement posted on the Web Your Business Inc. web site, all services will be discontinued, activation of the account will cease and your account terminated.

 

2. AGREEMENT TO TERMS AND CONDITIONS

2.1 This Agreement takes effect on the date on which you first use or test the WYBH Service or when you pay for their services, whichever is the earliest. From time to time, it will be necessary to update the terms and conditions. We will use all reasonable endeavours to give you seven days’ notice of any change and you agree to be bound by the new terms and conditions by clicking on the “I agree to be bound by these terms and conditions” icon on Web Your Business’s web site or by signing the application form. We reserve the right to impose immediate implementation of new terms and conditions where necessary for the protection of the Web Your Business system.

2.2 Should you find any new terms and conditions unacceptable, then you terminate your subscription on seven days’ written notice and you will be granted a refund of any unexpired portion of your subscription. You agree that, save for this refund, you will not make any claims whatsoever for compensation in relation to the cancellation or withdrawal of your subscription.

2.3 You are responsible for reviewing regularly information posted online in the terms and conditions pages on the Web Your Business web site.

2.4 Web Your Business may correct any typographical information or other errors or omission in any brochure, promotional literature, quotations or other document relating to the provision of the WYBH service without any liability to you.

2.5 For the avoidance of doubt, a user during the free-rental or free trial period of the WYBH service shall be governed by this Agreement as if a full user.

 

3. INFORMATION PROVIDED BY YOU

3.1 You warrant that the name, address and payment information that you provide when you subscribe for the WYBH service is correct and you agree immediately to notify Web Your Business of any changes in the name, address and/or payment details.

3.2 You agree that Web Your Business may disclose your name and address where so required under a court order or police warrant or where it comes to Web Your Business’s attention that you are using your web pages in order to perform an illegal activity.

3.3 You warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the WYBH service in accordance with this Agreement. You agree to be responsible for the use of WYBH service and to comply with your responsibilities and obligations as stated in this Agreement.

3.4 You shall at your own expense supply Web Your Business with all necessary documents or other materials, and all necessary data or other information relating to the WYBH service , within sufficient time to enable Web Your Business to provide the WYBH service in accordance with this Agreement. You shall ensure the accuracy of and shall at your own expense retain duplicate copies of, all such material and insure against its accidental loss or damage. Web Your Business shall have no liability for any such loss or damage, however caused.

 

4. USAGE

4.1 Web Your Business will not monitor the contents of your pages. Files that you upload to your web pages are subject to withdrawal without notice by Web Your Business upon complaint about their content where Web Your Business at their sole discretion deem this necessary.

4.2 You warrant that any information (including statements of opinion or advice) which you place on your web pages is accurate, truthful and reliable. You warrant that you are authorised to provide any information which you do so on your web pages (for example if you are providing financial information, that you hold any necessary authorisation under the Financial Services Acts etc.).

4.3 You agree to keep secure your Web Your Business identification (login, password and other confidential information) relating to your account.

4.4 You are personally responsible for the use of your account and the secrecy of your password. If you are a corporate user then the company is also jointly and severally responsible, together with the individual using the account. In addition, you are deemed to be logging onto the system (i.e. the authorised person for that account) when an account is logged on by using your correct Web Your Business identification and password. You must also tell us immediately if someone steals your password or if you find someone else is using your Web Your Business identification. The Web Your Business system will not accept the use of any Web Your Business identification more than once so this should never happen unless someone has got access to your login and password). We will change your password for you if this is the case. You agree to co-operate with us and all federal, state, and local officials concerning any legal action taken arising from the misuse of your account by anyone else.

4.5 We cannot guarantee that the Web Your Business system will never be infiltrated by unauthorised users or hackers. You data pages may not be secure against hackers and you take that risk. If you find evidence of infiltration, please let us know and we will take steps both to try and prevent it and to notify the proper authorities;

4.5.1 You are not authorized to scan, or cause others to scan our networks for problems or vulnerabilities. As a hosting provider we take our network seriously and can not allow every customer to scan, or hire others to scan our servers for vulnerabilities. If you have concerns about our network, please bring them to our attention. Exceptions to this section may be allowed for dedicated server and/or colocation customers by prior arrangement. Without prior written consent, all client authorized scanning of our network shall be considered a breach of our terms of service.

4.6 You are entirely responsible for the content of your web pages. You may not, under any circumstances, use your web pages to do any of the following:

4.6.1 publish, post distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information; threaten, harass, stalk, abuse, disrupt or otherwise violate the legal rights (including rights of privacy and publicity) of others;

4.6.2 engage in illegal or unlawful activities;

4.6.3 make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;

4.6.4 make available / upload files that contain a virus or corrupted data;

4.6.5 falsify the source or origin of software or other material contained in a file that you make available on your web pages

4.6.6 act, or fail to act, in your use of the WYBH service, in a manner that is contrary to applicable law or regulation. You are entirely responsible for any civil or criminal liability which is incurred as a result of your use of the WYBH service;

4.6.7 send bulk unsolicited e-mail (“Spam”);

4.6.8 use the WYBH service for the dissemination of pornographic or adult materials

4.7 It is your responsibility to make sure that your equipment is properly configured to use the WYBH services. If you do have any problems, then Web Your Business will provide basic support. Web Your Business will refer you to the third party software or hardware company if the issue does not involve the WYBH services. Please contact Web Your Business helpline on 011-970-593-6260 or 1-877-416-8655.

4.8 Web Your Business provides SSH (secure telnet) access on some accounts on request. SSH access is provided entirely at the discretion of Web Your Business.

4.8.1 SSH shell accounts are made available for editing and setting up your website. It is not a development platform for issues unrelated to your website.

4.8.2 Clients must not leave their home directory at anytime. SSH may not be used to view, alter or copy files of other clients, and/or system configuration and/or setup files.

4.8.3 SSH access is provided for the purpose of testing scripts and carrying out site maintenance. It is not provided for any other purpose and there is no warranty of any kind should SSH fail to function for off server connections or activities.

4.8.4 Any interference with the following files will result in your SSH access being removed -.bash_history – .bash_logout – .bash_profile – .bashvc

4.8.5 Customers are not permitted to run CGI or PHP shell emulation programs.

4.8.6 If Web Your Business feels that SSH is being abused, it will lead to immediate and permanent cancellation of SSH access or the entire account. Web Your Business reserves the right to disable SSH access or terminate an account at any time without notification, in which case all monies paid will be forfeit.

 

5. TERMINATION

5.1 Web Your Business may terminate your subscription at any time prior to expiry of the current term, with or without cause, by not less than 30 days written notice. You may also do the same. If Web Your Business feels that information on your account may be a security threat to the server, Web Your Business will terminate, remove or render harmless your information without prior notice.

5.2 Where Web Your Business terminates your subscription because you have breached or threatened to breach any of the provisions of this Agreement, or you terminate your subscription without cause, you will not be entitled to any refund of any unused part of your subscription(s).

5.3 Web Your Business expressly reserves the right to terminate or suspend your subscription without prior notice should you fail to comply with these terms and conditions or should Web Your Business deem such action necessary to protect the Web Your Business system and in such circumstances Web Your Business will confirm such termination or suspension by subsequent written notice.

5.4 You will NOT be entitled to any compensation whatsoever in the event of termination and Web Your Business will not be liable for any loss whatsoever in relation to termination of your account in any circumstances. After termination of your account, Web Your Business may if they deem it applicable at their sole discretion post a redirection to any new URL should you desire this.

5.4 Domain name registrations can NOT be terminated – all fees paid for domain registration, URL forwarding, DNS and other domain related services are COMPLETELY non-refundable.

5.5 Termination of the hosting agreement by the client may be made at any time with a 30day written notice. No refunds will be entertained. Client will still be liable for any outstanding balances due for services previously rendered, any or all domain registration charge. WYBH reserves the right to apply existing credits against outstanding invoices and provide a statement of any remaining balances or credits.

5.6 Accounts which have been terminated will be pointed to a holding page which informs all visitors that the account has been terminated. Similarly, domains registered by or on behalf of clients for future use which utilize the WYBH nameservers shall also be similarly pointed to a page explaining that the domain has been reserved by a WYBH Client. WYBH shall have sole discretion as to the content of such holding page(s).

 

6. RIGHTS IN MATERIAL

6.1 Web Your Business will not distribute web pages outside Web Your Business without your consent but may include information about you and your web pages in promotional materials and advertising and may make such information available to third parties for promotional or advertising purposes and you agree that files that you have uploaded to Web Your Business may be used in such manner and for such purposes.

6.2 We will not look at any e-mail passing through our servers or allow anyone else access. Mail left on our server for more than three months will be emailed back to the sender with a message saying “undelivered”, and then will be deleted.

6.3 The property and any copyright or other intellectual property rights in any material which you provide to Web Your Business shall belong to you.

6.4 You must respect the third party copyright in software or other material provided by Web Your Business to you and refer to the terms provided with the software or other material by the copyright owners. Many of the software titles on the CD-ROM supplied by Web Your Business are shareware. If you continue to use any of the shareware applications, you should register the software in accordance with the author’s shareware license.

6.5 Any material or other information provided by you to Web Your Business which is so designated by you shall be kept confidential by Web Your Business, and all information provided by Web Your Business which is so designated by Web Your Business shall be kept confidential by you; but the forgoing shall not apply to any documents or other materials, data or other information which are public knowledge at the time when they are so provided by either party, and shall cease to apply if any future time they become public knowledge through no fault of the other party.

6.6 You warrant that any material which you provide to Web Your Business and its use by Web Your Business for the purposes of providing the WYBH service will not infringe the copyright or other rights of any third party, and you shall indemnify Web Your Business against any loss, damages, costs, expenses or other claims arising from any such infringement.

 

7. CHARGES

7.1 You agree to pay all charges for your use of WYBH service at the charges applicable from time to time as indicated on the agreement signed or by confirming acceptance on an online subscription.

7.2 Your monthly, quarterly, or annual subscription covers the cost of the usage stated in the plan of your choice. See Plans. Plan features are subject to change without prior written notice. We reserve the right to charge for additional usage used at our current rates at any time. Contact sales for prices for heavier usage. Your account will be automatically charged for any overages over your chosen plan.

7.3 Web Your Business reserves the right to change prices or institute new charges for use of Web Your Business at any time upon not less than thirty (30) days’ notice. All changes will be posted on the Web Your Business web site.

7.4 Web Your Business may make an additional charge if, in Web Your Business’s opinion, this is required as a result of lack of instructions, the inaccuracy of any material provided by you or any other cause attributable to you.

7.5 All charges quoted to Web Your Business for the provision of WYBH services are excluded of any Value Added Tax (VAT).

7.6 Payment of your account balance is due at inception and subsequently on the monthly, quarterly, or annual anniversary thereof, according to the payment due date on the invoice. Where payment is not made by or at the payment due date, your account will be charged a $25.00 late fee if your payment can not be processed within FIVE days of the due date. If we have not received payment in full by the fifth day, your account could may be suspended or terminated at our discretion. You also agree to pay a reconnection fee of $25.00 if you wish to be reconnected to the WYBH service after WYB has terminated your account due to late payment.

7.7 Accounts may be paid by electronic bank draft, money order, check or online credit card. Your account will be considered delinquent if your payment is rejected for any reason. Accounts with returned electronic bank drafts or checks are subject to a $25.00 processing fee per incident plus all fees that are listed in 7.6.

7.8 Payment Terms: Payment shall be due on the first day of the account anniversary date.

7.8 $25.00 Late Fees are established to recover the costs of dealing with late payment situations. Late fees are in addition to all other fees, including, without limitation, return bank draft fees or checks provided for herein or in the service quote.

7.8.1 If your account becomes 15 days past due – The customer may be notified by email and or United State Postage that the account will be terminated for non- payment and the account will be closed for non-payment. To reactivate your account, there will be a $25.00 re-activation fee added to the $25.00 late fee that was charged for the account being late. If there is no satisfactory response from the customer the account may be sent to collection in 15 days.

7.8.2 Failure of Web Your Business / AAA Business Hosting to make any of the communication described above shall not preclude Web Your Business / AAA Business Hosting from assessing the late charges, of other fees and/or termination service as set forth above. The customer is responsibility to notify WYBH by email ([email protected]) or fax (970-593-6257) of any contact or billing contact detail changes including payment changes by credit card with new expiry dates and or banking changes for automatic check.

8. STORAGE

Your annual subscription covers the cost of the storage stated in the plan of your choice. See Plans. Plan features are subject to change without prior written notice. We reserve the right to charge for additional space used at our current rates in force at any time. We reserve the right to charge for additional traffic used at our current rates in force at any time. Your account will be automatically charged for any overages over your chosen plan. Contact our sales department (877-416-8655) for prices for larger storage and traffic to save the most amount of money prior to going over your current plan.

 

9. ADVERTISING ON WEB YOUR BUSINESS

If you advertise or offer to sell goods or services via your web pages, you undertake to provide goods in conformity with any description and warranties given and to comply with your obligations to credit card issuers. You agree to comply with all relevant Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts etc. If you are advertising goods in the course of a trade or business this must clearly be so stated.

 

10. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

10.1 Web Your Business make no representations or warranties to you regarding the usability, availability, condition or operation thereof.

10.2 Web Your Business will at all times use best endeavours to attempt to maintain an uninterrupted and error-free service, however Web Your Business make no representations or warranties regarding the services provided by them and do not warrant that use of Web Your Business will be uninterrupted or error-free, or that the Web Your Business services will meet any particular criteria of performance or quality. Web Your Business can not accept any responsibility for interruption to the WYBH service if this is due to circumstances beyond Web Your Business’s direct control, in particular interruption to telephone or networks links which are provided to Web Your Business by third parties.

10.3 Web Your Business expressly disclaim all implied warranties and conditions in relation to all goods and services supplied to you, including without limitation, warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.

10.4 Web Your Business will at all times use reasonable endeavours to attempt to maintain and safeguard your data on the Web Your Business system however Web Your Business accept no responsibility for any loss or damage to data or any loss.

10.5 Your use of the Web Your Business system is at your own risk. You accept full responsibility for such use and the risk of any loss resulting from use of the Web Your Business system and the content of your pages. You also accept full responsibility for safeguarding your own data. Web Your Business reserve the right to do normal system housekeeping such as creating back-ups BUT do not accept responsibility for ensuing the success of back-ups. You should make a backup of your data before installing any software from any disk or CD-ROM supplied by Web Your Business. Web Your Business cannot be held responsible for any loss of data or other consequences which may result from the use or misuse of any such software, disk or CD-ROM. Back-ups can be taken using an FTP program. Please see our DemoCenter for basic help with FTP. Web Your Business is not responsible for support of any third party FTP programs.

10.6 In any event (except in respect of personal injury or death caused by Web Your Business’s negligence in respect of which Web Your Business do not seek to exclude or limit their liability), Web Your Business’s maximum liability for tort or breach of contract will not exceed the charges payable in respect of the WYBH service in the twelve month period prior to the date on which the tort or breach occurred, or if at such date this Agreement has not been in place for twelve months, the first twelve months of the Agreement.

10.7 Web Your Business do not accept any responsibility whatsoever for anything posted on the Web Your Business system (except by one of our staff) and you agree by using the system that Web Your Business system that Web Your Business will not be liable for any direct, indirect, special, consequential, exemplary or punitive damages or losses which are incurred in connection with the use of the system even if Web Your Business have been advised of this possibility and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds and you agree to indemnify Web Your Business and hold Web Your Business harmless from and against any and all reasonable claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable legal defence and other legal costs) incurred as a result of your actions on the Web Your Business system or materials of information transmitted by you in connection with the Web Your Business system, the use of your web pages, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever. This means that you may have to pay us where other users or third parties make claims against us.

10.8 Web Your Business will notify you promptly of any claim for which Web Your Business seeks indemnification at the currently supplied address. Web Your Business will give you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to Web Your Business’s interests, as reasonably determined by Web Your Business and/or their lawyers.

 

11. DOMAIN NAME SERVICES

11.1 If you have requested domain name registration and/or renewal services, Web Your Business will obtain the required domain name on your behalf, subject to availability.

11.2 Initial registration of a domain name is treated as a pending registration. It is only converted to a full registration upon payment by you of the appropriate fee to Web Your Business in time for it to be remitted to the relevant domain registry no later than one month in time the date of the pending registration or as otherwise required by the domain registry. If this condition is not met the pending registration may be cancelled and the domain name may be registered subsequently by another applicant.

11.3 Web Your Business will use reasonable endeavours to transfer your domain name to another Internet service provider within 5 working days after receiving written notice from you to do so. Web Your Business does not accept any responsibility for any loss of data (either from your web pages or your e-mails) due to the transfer of your domain name to or from Web Your Business. Written Notice is the notification of desired changes including all information needed to make the change, such as TAG or DNS information.

 

Please send or fax your written notice to:

Web Your Business, Inc.
226 Saxony Road
Johnstown, CO 80534
Fax: 011-970-5936257

 

11.4 If you do not pay Web Your Business the appropriate fee for the maintenance of a domain name registration within the due date on Web Your Business’s invoice for such fee, then Web Your Business Inc. will be entitled , subject to giving you written notice by contacting you by email that you no longer have the domain name registered to you. WYB has the right to cancel the registration and the domain name may be registered by another applicant. In addition, Web Your Business will be entitled to refuse to transfer your domain name until all monies due from you to Web Your Business have been paid in full.

11.5 Non-Profit accounts are discounted by a significant portion of our regular hosting account prices – in return for such discount, the website will be required to link to AAA Business Hosting and Web Your Business at the bottom of each page of the site. Please submit a helpdesk ticket for APPROVED code to link back to AAA Business Hosting and Web Your Business . Failure to display the proper link to AAA Business Hosting and Web Your Business on all pages will result in a loss of non-profit status on your hosting account. Any or all differences in fees between our regular and non-profit hosting rates will become due from the beginning of the hosting account until current, or end of current hosting term (monthly, quarterly or annual term). Further invoices will be generated at the regular account price until such times as the approved links are restored.

 

12. NOTICES AND CONSENTS

12.1 Notices given by Web Your Business to you will be given by e-mail or by a general posting on Web Your Business’s web pages, or by conventional mail.

12.2 In any matter requiring Web Your Business’s prior consent, an authorised representative of Web Your Business must give such consent in writing.

12.3 Notices to Web Your Business may be sent by you to by e-mail to [email protected], by fax or conventional mail and must be confirmed by conventional mail.

 

13. ASSIGNMENT OF RIGHTS

Neither party will assign this Agreement or any benefits or interests arising under this Agreement without the prior written permission of the other party not to be unreasonably delayed or withheld.

 

14. GENERAL TERMS AND LAW

14.1 If Web Your Business suspects that you are using your web pages to carry out illegal activity, we may notify the appropriate authorities and reserve the right to do anything on the Web Your Business system which our lawyers advise us to do in the protection of the Web Your Business system.

14.2 This Agreement is governed by the laws of the England and Wales for Euorpean clients and you consent to the non-exclusive jurisdiction and venue of the Central London County Courts or the London High Court in all disputes arising out of or relating to your use of the WYBH service. This Agreement is governed by the laws of the Colorado, USA for Northern American clients and you consent to the non-exclusive jurisdiction and venue of the Colorado Supreme Court in all disputes arising out of or relating to your use of the WYBH service.

14.3 Web Your Business’s performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement affects Web Your Business’s right to comply with law enforcement requests or requirements relating to your use of the WYBH service or information provided to or gathered by Web Your Business with respect to such use.

 

15. SEVERABILITY

If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).

 

16. NO WAIVER

No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breach of this Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

 

17. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between Web Your Business and you with respect to your use of the WYBH service and the Web Your Business system, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Web Your Business and you with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement. You irrevocably and unconditionally waive any right you may have to claim damages for any misrepresentation or warranty not contained in this Agreement unless the misrepresentation or warranty was made fraudulently.

The customer also agrees that each time a payment is made for services of hosting, or domain name registrations or renewals, they have reviewed and agreed to the terms above.

 

The address for communication to Web Your Business by conventional mail shall be:

Web Your Business Inc.
226 Saxony Road
Johnstown, Colorado 80534

The telephone number shall be (970) 593-6260
The facsimile number shall be (970) 593-6257
E-mail to [email protected]

© 2012, Web Your Business Inc.