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Testimonial
"I went through three other web designers before you came on the scene! I thought I was the ultimate jinxed person when it came to having a website. Honey, I'll sing your praises from sea to shining sea!"
Kathi Appelt - Children's Book Author
http://www.kathiappelt.com
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8 Elements EVERY Website Should Have
Terms of Service
Our terms of service are designed to be read by the average Joe, not by some high-priced lawyer. Please read this page carefully prior to ordering services from us, and make sure you understand what it says. It's a binding contract between Web Unlimited and you. If you have any questions about what you see on this page, please feel free to contact us at support@webunlimited.com or 979-696-2500.
The Services We Provide
In exchange for the fees you pay in advance, we will host your website on one
or more of our servers, so long as you abide by the terms and conditions that
are set out on this page, and in any other agreements that relate to the
services we may provide to you. We will provide the services according to the
specifications listed for the hosting package you select during the signup
process. For clarity, on this page, the term "services" refers to the
web hosting services that we will provide to you and, if you are an Affiliate,
the services we provide to you in connection with that program. The term
"Web Unlimited" or "us" or "we" refers to Web
Unlimited.
Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to
our servers. When you do this uploading, you are creating one or more copies of
your content on our system. By purchasing hosting services from us, you
acknowledge that these copies are being made, and give us the permission (a
license) to maintain these copies and make them available to users of the
Internet. You are solely responsible for providing all of the content and other
data that make up your website.
When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as
long as you have paid for them. Sometimes, however, for a number of reasons,
the services may be unavailable to you. You must recognize and acknowledge that
due to the nature of web hosting technology, occasional unavailability of the
services cannot be avoided. Sometimes there are equipment malfunctions. At
other times we undertake periodic maintenance procedures or repairs. Still
other times, there are causes beyond our control like power failures,
interruption or failure of telecommunication or digital transmission links,
hostile network attacks, network traffic and other occurrences. We have not
promised to provide you with uninterrupted service.
Personal Information
When you place an order for our services, your personal information, including
your credit card information, is transmitted via the use of Secure Socket Layer
technology, the industry standard for encrypting sensitive information. We take
your privacy very seriously, and as such, will not sell your personal
information to third party (other than a company that may purchase Web Unlimited),
and will take reasonable steps to keep it from being disclosed to any third
party. Read more in our Privacy Policy, below.
Cancellation
As we explain in this paragraph, we offer you a money-back guarantee on
all shared hosting plans if you cancel with us during the first 30 days. Please
note, Dedicated plans ARE NOT ELLIGABLE for the money-back guarantee. And here
is how our cancellation policy works. It is very simple. If you cancel your
account within 30 days of first signing up, we will provide you with a full
refund excluding any setup fees that were charged when you signed up, and
excluding domain registration fees. The only way to cancel your account is by
submitting information through our cancellation form, which is located at http://cancel.webunlimited.com.
If we register a domain name for you as part of your hosting package with us,
and you decide that you want to cancel your account during the first 30 days,
then we will deduct the cost of the domain name from the money we refund you.
We charge $21.95 per year for domain registration. If you cancel your account
after the first 30 days have passed, or after your account is renewed then
unfortunately we will not be able to issue any refunds. Please note: upgrades
to hosting service, domain registration and transfer and SSL certificates are
non-refundable. Our policy regarding web design services is as follows: We do
not issue refunds once we have started work. If you order design services and
cancel before we have started working on the design and before 30 days have
passed then we will refund the full cost of the design service. In addition, we
do not offer refunds on dedicated server plans as they are month to month and
there are no contracts involved. Web Unlimited also reserves the right to cancel
your account with 72 hours notice should an event occur in which proper
evidence exists that a customer was exceptionally rude or vulgar in
communications with our staff.
Automatic Renewal
When you sign up, your Web Unlimited account will be enabled with autorenewal,
which means that when your renewal date arrives, your hosting plan and domain
will be renewed. When it is time for renewal, the credit card you have on file
with us will also be charged. If you wish to not have this happen, and you would
not like to renew your account, you must cancel 14 days prior to your renewal
date. If you have any questions as to when your renewal date is, simply login
to secure.mpcustomer.com, or give us a call. If you fail to cancel 14 days
prior to renewal, your account will be renewed for a new term, so please be
sure to fill out the cancellation form located above if you do not want to
renew. The renewal fee will become non-refundable as soon as it is charged.
Your account renew dates are always listed in secure.mpcustomer.com.
If more than 30 days pass from the date on which any invoice for the hosting
services is issued to you and we have not received payment in full, we will
suspend your account, which means that your data and website will not be
available. If in the following 30 days you pay all amounts due, bringing your
account up to date, we will take your account out of suspension and the data
will be available again. If, however, 30 days pass from the date on which your
account is suspended and you have not made payment in full, Web Unlimited shall
have the right to delete all data you have uploaded to the servers. To
summarize, if you get 60 days behind in making payments, your data will be
deleted. You hereby acknowledge that this is Web Unlimited's policy when it
comes to data retention, and waive all rights in and to your data in these
situations.
Acceptable Use/Illegal Activity
Web Unlimited strives to maintain a high-level of service, and a lot of
customers depend on our high standards of quality. As such, we will not provide
services to those that are using our services for:
- Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
- Hosting of files or other data that infringes on another's copyright or other intellectual property rights.
- Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
- Uploading or linking to any content that violates another's right of publicity or privacy.
- Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
- Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
- Hosting large amounts of data not specifically tied ("linked") to your hosting account. Web Unlimited. encourages users looking for file storage/backup solutions to seek other services that specialize in this.
Disproportionate loads placed on the server.
While our shared services are suitable for the bulk of our customers, there
comes a time for some websites when they are better suited for a larger plan,
which allows for more dedicated CPU and memory resources. We reserve the right,
in our sole discretion, to discontinue service to any customer with a website
or other hosted data that takes up more than 10% of the resources of the server's
CPU. This means that if your website is found to be utilizing more than 10% of
the CPU and memory of the service, we reserve the right to take your site
offline. If this becomes necessary, you can either upgrade your hosting
package, or request a pro-rated refund of the amounts you have paid in advance
for the services. Due to the severity of this, and our ability to act quickly
to correct these situations to avoid server issues, we will do everything
reasonably feasible to provide you with a warning prior to taking your site
offline, but we accept no obligation to do so.
Special Pricing Notice
Special monthly pricing displayed is only available after term pre-payment. We
offer quarterly and semi-annual payments, which carry a $29.95 setup fee which
can not be waived.
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting
industry, these terms of service may change. We will post the changes here, and
your continued use of the service means you accept the changes we have made.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have adopted a
policy to suspend or terminate the accounts of website owners found to be in
violation of copyright. We respect the intellectual property of others, and we
ask you to do the same. We may, in appropriate circumstances and at our
discretion, disable and/or terminate the accounts of users who may be repeat
infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide our Copyright Agent (identified below)
the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our agent for notice of claims of copyright infringement can
be reached as follows:
By mail:
Management
c/o. Web Unlimited
19091 Highway 6 South
College Station, TX 77845
By phone: 979-696-2500
By fax: 979-690-9234
By email: support@webunlimited.com
Indemnification
If Web Unlimited. is sued or threatened with a lawsuit from a third party
because of something you do with the services, or as an affiliate you agree to
pick up the tab if Web Unlimited. is found liable or pays to settle the
dispute. In legal terms, this is called "indemnification." Not only
do you agree to reimburse Web Unlimited. for what it pays to satisfy a judgment
or settle a case, you also agree to pay Web Unlimited.'s reasonable attorney's
fees and all other costs Web Unlimited. incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been
kind of easy to read and understand. But our lawyers tell us that this section,
dealing in the disclaimer of warranties, has to retain its legalese style.
Sorry about that. Web Unlimited. 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. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. WEB UNLIMITED MAKES NO WARRANTY THAT ITS SERVICES WILL
MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WEB UNLIMITED DOES NOT
WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF
THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied
warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what
this section is saying is that if something goes wrong, Web Unlimited cannot be
held liable for it. IN NO EVENT SHALL Web Unlimited. BE LIABLE TO YOU OR ANY
OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR
PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER
SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF
THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO
USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF
WEB UNLIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states
may not allow such a broad exclusion or limitation on liability for damages as
contained in these terms of services. In those states, our liability is limited
to the full extent permitted by law. You agree that in no event shall our
maximum aggregate liability exceed the total amount paid by you for the
services in dispute purchased from us, or, in the event of liability of Web
Unlimited. due to your enrollment in the affiliate program,
Terms Applicable to Affiliates
If you become an affiliate of Web Unlimited, the following terms apply to you.
Our Affiliate Network
To participate as an affiliate, you are required to complete an affiliate
application located at webunlimited.com/affiliates. The application will be
evaluated, and we will notify you in a reasonable time whether your application
has been accepted. At our discretion, we may decide for any reason that your
site cannot participate in our network. If you are a U.S. resident, we will require that
you provide us with your Social Security Number or Tax ID number. We do not
require this information for international affiliates.
How it Works
We provide our affiliates with unique tracking codes. These codes must be
placed in the HTML of your website and when clicked on will direct visitors to
your site to Web Unlimited.com or one of our other websites. If the visitor to
your site places an order in the following 365 days from the same computer
(cookie tracking) or the same Internet connection (ip tracking), our automated
system will track the sale and automatically credit your account.
In order for automated tracking to be successful the visitor must have clicked
on your tracking pixel, have cookies and JavaScript enabled in their browser,
not clear cookies or switch Internet Service Providers before placing your
order. If the automated tracking fails for any reason and you wish to earn
commission for this referral you must contact Web Unlimited Affiliate Support
at affiliates@webunimited.com. When you contact us, please include the domain
name, full name, and e-mail address of the customer you referred. The date and
time of the order would also be helpful. If you are not able to provide this
specific information then unfortunately we may not be able to issue a credit to
your account. We will investigate any missed commissions to the best of our
ability, however if we are not able to verify the referral we may not be able
to issue a credit.
Commissions
Commissions will be paid to affiliates based on successful referrals. A
successful referral, or sale, is defined as: a non-fraudulent, active for a
period of thirty (30) days, not cancelled web hosting client who has paid for
services in full and has been directed to us through your affiliate tracking
link.
Because of the high frequency of credit card fraud and cancellation rates, we
reserve the right to hold commissions for up to 60 days for verification. We
also reserve the right to cancel commissions in the event that we are unable to
collect funds, the order is fraudulent, the customer cancels within the first
30 days, or if we learn that the commission was earned improperly for any other
reason.
There are two pay periods during every month. Pay periods are two weeks long.
The first pay period is from the 1st of the month until the 15th. The second is
from the 16th of the month to the last day of the month. Web Unlimited will
process affiliate commissions for the past month period before this on these
dates and issue payments. For example: On January 5th you earn $500 via the Web
Unlimited Affiliate Programs. The commission becomes mature 30 days after we
track it, or in this case on February 5th. The next pay date is February 16th,
so on February 16th you would be paid for these referrals. This time frame
allows us to evaluate every order and assess its validity. In the event we are
unable to verify the order during this time frame, we may, at our sole
discretion, hold your commission or cancel the order. Cancelled commissions
cannot be reinstated.
Base Commissions
Commission rates are posted on www.webunlimited.com and will be updated from
time to time. If you have received a custom commission from us in exchange for
a large number of referrals, then Web Unlimited may modify your account
settings to reflect this. We consider custom commissions for any affiliate who
is able to send five (5) or more new customers per month. Our various programs
are managed by various affiliate managers, which can be found at
www.webunlimited.com
2nd Tier Program
Our 2nd Tier Program allows any Web Unlimited. affiliate to refer other
affiliates and earn a portion of their earnings. For example: Affiliate A
refers affiliate B to Web Unlimited.. Affiliate A will earn 5% of Affiliate B's
earnings. If Affiliate B earns $100 in commissions, Affiliate A will also earn
$5. In order to be considered a 2nd Tier affiliate, the affiliate must join
using your personal 2nd Tier tracking link. This link and a list of your 2nd
Tier affiliates can be found in the affiliate system under ‘2nd Tier’ tab at
the top.
Affiliate Support Services
Web Unlimited. will provide reasonable support services to affiliates. Certain
affiliates who have demonstrated a high level of volume will be assigned
dedicated account managers. In most cases, affiliate managers are assigned
based on the brand which you are promoting. For example, affiliates promoting
our AN Hosting line of services will be managed by a different affiliate
manager than affiliates promoting our Web Unlimited. line of services.
Term of the Agreement
The term of this affiliate agreement will begin upon our acceptance of your
affiliate program application, and will end when terminated by either involved
party. Either party may terminate the affiliate relationship, with or without
cause, by giving written notice of termination to the other. Notice of
termination must be delivered to us by sending an e-mail to
affiliates@webunlimited.com. Once terminated, you will not be eligible to
receive commissions for any future referrals.
Governing Law and Choice of Form
The laws of United States,
the State of Texas and the County of Brazos
will govern this Agreement, without reference to rules governing choice of
laws. Any action relating to this Agreement must be brought in the federal or
state courts located in Brazos County, College
Station TX.
When These Terms
Take Effect
This agreement becomes effective once you submit your order with us or open an
account with us for web hosting services of any kind (dedicated, vps, shared,
etc.) or open an affiliate account at http://www.webunlimited.com/articles/affiliate_program.
If you are an existing customer, and you do not agree with the terms herein,
please cancel your account. Otherwise, if you sign up for or continue to use
the services, you agree to what is written here. If you have any questions
regarding these terms of service, feel free to call us for clarification.
By using Web Unlimited, you agree to the above terms of service.