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Terms of Service
By using any of our services you are agreeing to be bound by our Terms of Service as set forth below.
Content
All services provided by WingSwept Communications, Inc. may be used for lawful purposes only. Transmission, storage, or presentation of
any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but
is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or
material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold
harmless WingSwept Communications, Inc. from any claims resulting from the use of the service which damages the subscriber or any other party.
Sites that promote any illegal activity or present content that may be damaging to WingSwept Communications, Inc. servers or any other
server on the internet are also prohibited. Links to such materials are also prohibited.
WingSwept Communications, Inc. will be the sole arbiter as to what constitutes a violation of this provision.
We are a family safe-content provider and sites that do not meet this requirement will not be accepted. If sites are found to
be in violation of this are subject to immediate removal with no refund at the sole discretion of WingSwept Communications, Inc.
E-mail
Spamming, or the sending of unsolicited e-mail or message board posts including, without limitation, commercial advertising and
informational announcements, from our server(s) or using an e-mail address or domain that is maintained on an WingSwept Communications, Inc.
machine as reference in that spam is STRICTLY prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site.
WingSwept Communications, Inc. will be the sole arbiter as to what constitutes a violation of these provisions.
Use of Your Private Information
As part of the registration process, you are required to provide certain information and to update this information to keep it
current, complete and accurate.
This information includes
- your full name
- postal address
- e-mail address
- voice telephone number
- and fax number if available
You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material
breach of this Agreement and will be a basis for cancellation of your domain hosting.
Agents
Client understands, acknowledges and agrees that by using the domain on or any service of WingSwept Communications, Inc., client ratifies
and is bound by this Agreement even if an agent (such as a webmaster, ISP, or employee) entered into this Agreement on the client's
behalf, and even if client has not itself read this Agreement. Further, client is responsible for all information submitted by its
agent. WingSwept Communications, Inc. will not cancel this Agreement, or refund any fees paid to it, because of errors or omissions of the
agent in the registration process (e.g., if such agent provides incorrect information) or because of errors or omissions in
changes to Registrant's client information, without client's actual consent, as such apparent authority will suffice to bind
the client. By acting on the client's behalf, such agent represents and warrants to the client and WingSwept Communications, Inc. that
the agent is authorized to bind client hereto and that it has fully and thoroughly advised client of the terms and conditions
of this Agreement.
System and Network Security
Violations of the WingSwept Communications, Inc. system or network security are prohibited, and may result in criminal and civil liability.
WingSwept Communications, Inc. will investigate incidents involving such violations and may involve and will cooperate with law enforcement if
a criminal violation is suspected.
We reserve the right to investigate files in a customer's account at any time if we have any reason to suspect there may be activities or network security violations including, but not limited to:
- Gaining or attempting to gain unauthorized access to servers or services. Such attempts include "Internet scamming" (tricking other
people into releasing their passwords), password robbery, security hole scanning, port scanning, probing, monitoring or testing for
system or network vulnerabilities.
- Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or
other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information.
- WingSwept Communications, Inc. reserves the right to report illegal activities to any and all regulatory, administrative, and / or
governmental authorities for prosecution.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of WingSwept Communications, Inc. is strictly prohibited.
Transfer
We reserve the right to ask you to move your domain or upgrade to another server option that suits your needs if your site takes
up more than a fair share of the server resources (over 10%). This can include excessive use of cgi resources, system resources, or
excessive use of bandwidth. One way to help is to not allow people to link to your graphics or sound files. That can add up fast and
take up your bandwidth before you know it.
Limitation of Liability
Customer acknowledges and agrees neither WingSwept Communications, Inc. nor any of its members, shareholders, directors, officers,
employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages
(including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement.
If, despite the foregoing limitations, WingSwept Communications, Inc. or any of its shareholders, directors, officers, employees or representatives
should become liable to Customer or any other person in connection with this agreement for ANY REASON, then the maximum aggregate
liability of WingSwept Communications, Inc., its members, shareholders, directors, officers, employees and representatives for all such things
and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount
payable by Customer to WingSwept Communications, Inc. for one month of service under this agreement.
Indemnity
Customer will indemnify and save harmless WingSwept Communications, Inc. and its members, shareholders, directors, officers, employees,
agents, contractors, and representatives from and against all damages, losses, costs and expenses (including actual legal fees and
costs), fines and liabilities incurred by or awarded, asserted or claimed against WingSwept Communications, Inc. or any of its members,
shareholders, directors, officers, employees and representatives in connection with Customer's negligence, activities or omissions,
or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or
publication produced and distributed by Customer.
Governing Law
This agreement shall be interpreted in accordance with and be governed in all respects by the laws of the State of North Carolina.
The courts of the State of North Carolina shall have non-exclusive jurisdiction to entertain any action or proceeding brought by the
parties in connection with this agreement or any alleged breach of this agreement. The parties each attorney irrevocably to the
jurisdiction of such courts.
Refusal of Service
WingSwept Communications, Inc. shall be the sole arbiter of what is and is not a violation of these acceptable use policies.
WingSwept Communications, Inc. reserves the right to terminate any account at any time and for any reason. WingSwept Communications, Inc.
reserves the right to delete all content and files upon termination. WingSwept Communications, Inc. reserves the right to withhold
any pre-paid funds for any site removed for violations of these policies. WingSwept Communications, Inc. reserves the right to refuse,
cancel, or suspend service at our sole discretion.
WingSwept Communications, Inc. reserves the right to change the Terms of Service Policy without prior notice or warning.
Complaints regarding Illegal Use or System or Network Security issues and complaints regarding email abuse or SPAM should be directed to WingSwept Communications, Inc..
Billing
All hosting orders and Domain Registrations/renewals must be paid by credit card.
You agree that you will keep up with when your next billing date is and be responsible for having the funds available when your
card is billed for your next term.
By sending in your order, you agree to abide by the terms of service as set forth above.
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