SeeMyBiz respects your privacy and will not give, rent, or
sell your information. Any information collected on this site will
be used for business purposes only. Some information my be given to
third parties when required to fulfill a service, such as search
engine submission or paid listings requiring the site owners
information. Yellow Pages requires a phone number for the client.
SeeMyBiz guarantees your satisfaction. Your continued satisfaction is always my goal. Whether it is something to do with the site, or with a service like email or hosting - I guarantee to always be attentive and involved until the issue is resolved.
SeeMyBiz accepts Visa, MastrCard, local business checks, and PayPal.
A deposit of 50% is normally required to start a website design.
There will be a $25 fee on all returned checks in addition to the original amount of the check.
Refunds are made at the point where a client decides the website is not evolving according to the predetermined plan, but before the initial 1st approval.
There is a 50% up-front deposit made before any work begins. Once the client approves the initial design (1st approval), the deposit becomes non refundable. The balance of monies due for my services are to be paid when the website client gives final approval, and the site is rendered live, or "published." If in the final stage the customer decides to back-out of the deal, the deposit is forfeit and the design becomes the sole property of SeeMyBiz Website Design (less any proprietary artwork or photos).
Domains registered through SeeMyBiz are actually registered with an ICANN Accredited Domain Name Registrar (GoDaddy, ENOM, Etc.) SeeMyBiz is listed only as the technical contact for the domain name, subsequent registration terms may be the responsibility of the client. Domain name fees are not refundable unless we made a mistake in the spelling of the domain and that mistake results in the registration of an unwanted domain name. Domain name registrations are always considered the property of the client and not SeeMyBiz. Though SeeMyBiz is NOT an ICANN Accredited registrar we do act on the clients' behalf to register through an accredited registrar. SeeMyBiz makes every effort to renew domains on behalf of the client and set all domains to auto-renew, however, SeeMyBiz is in no way liable for the loss of a clients domain name through inaction or mistake. A control panel for the domain can be provided at the registrant's request.
** WEB HOSTING AGREEMENT **
This Web Hosting Agreement (this "Agreement") sets forth the terms
and conditions of your use of SeeMyBiz WD&M Hosting, ("SeeMyBiz
Website Design and Management Hosting") for web hosting services.
You certify that you are at least 18 years of age. To become a
SeeMyBiz WD&M Hosting account holder, you must read and agree to be
bound by all terms and conditions of this Agreement, the fee
schedules on the Online Order form and any policies that are or may
be published by SeeMyBiz WD&M Hosting. This Agreement will become
effective when accepted by SeeMyBiz WD&M Hosting. By posting notice
30 days in advance at a web page linked to your web-based control
panel, SeeMyBiz WD&M Hosting may modify the terms and conditions of
this Agreement or the prices of its services, as well as discontinue
or change the services offered. You will be bound by the modified
Agreement, prices and/or policies if you continue to use the
services.
1. Scope of Services and Your Obligations
1.1. This Agreement defines the terms and conditions of SeeMyBiz
WD&M Hosting's services as offered by SeeMyBiz WD&M Hosting and used
by you, including the provision of web hosting services on SeeMyBiz
WD&M Hosting's dedicated servers and connectivity to the Internet
(the "Services"). SeeMyBiz WD&M Hosting will provide the Services
for the amount of server storage space selected in exchange for
payment of fees and full compliance with the terms and conditions of
this Agreement. In performing the Services, SeeMyBiz WD&M Hosting
maintains control and ownership of any and all Internet protocol
("IP") numbers and addresses that may be assigned to you and
reserves the right to change or remove any and all IP numbers and
addresses at its sole discretion.
1.2. You will provide a unique password for authentication each time
you access your website. You and SeeMyBiz WD&M Hosting will keep
such password confidential.
1.3. You are responsible for producing, electronically uploading and
maintaining HTML files, execution scripts, applets and applications
(the "Upload Materials") to your website, and you hereby warrant
that all Upload Materials shall be owned or properly licensed by you
and shall not adversely impact the Services or violate any rights of
any third parties. You are responsible for ensuring that all Upload
Materials will function properly and as intended. You are
responsible for all activity originating from your website, unless
proven to be a victim of outside hacking or address forgery. You
assume responsibility for all material on your website that may be
put on by a third party (such as the usage of Free For All links
pages). Use of the Services requires a certain level of knowledge in
the use of Internet languages, protocols, and software, which can
vary depending on your anticipated use and desired content of your
website, and includes, but is not limited to, the following: web
publishing requires knowledge of HTML, properly locating and linking
documents, FTPing web contents, graphics, text, sound, image
mapping, etc.; FrontPage web publishing requires knowledge of the
FrontPage tools as well as Telnet and FTP understanding and
capability; CGI-scripts requires knowledge of the UNIX environment,
tar & gunzip commands, Perl, CShell scripts, permissions, etc.; and
mail requires knowledge of use of mail clients to receive and send
mail, etc. You acknowledge that you have the necessary knowledge to
create, modify and maintain your website. SeeMyBiz WD&M Hosting
assumes no responsibility to provide you with such knowledge.
1.4. In connection with the Services, SeeMyBiz WD&M Hosting may
provide for your use certain tools and software, including, but not
limited to, certain specialty scripting software and/or certain
programming language software for designing websites (collectively,
the "Tools"). Access to these Tools may be via your Control Panel.
To the extent that such Tools are provided to you, you are granted a
nonexclusive, nontransferable license to use the Tools in
object-code form only for your internal use, solely in connection
with the Services provided under this Agreement.
1.5. During the period that SeeMyBiz WD&M Hosting provides the
Services to you, you hereby grant to SeeMyBiz WD&M Hosting a
nonexclusive, royalty-free, worldwide right and license to digitally
display and host your website and its content, and to use its
trademarks, service marks, trade names, logos and other commercial
or product/service designations in connection with the website and
such Services.
1.6. SeeMyBiz WD&M Hosting reserves the right to monitor its systems
electronically and to access and disclose any information as
permitted or required by any law, regulation or other governmental
request to operate its systems properly, to protect itself or its
account holders or for any other reason it in good faith deems
necessary. SeeMyBiz WD&M Hosting will fully cooperate with law
enforcement authorities in investigating suspected lawbreakers and
reserves the right to report to law enforcement any suspected
illegal activity it becomes aware of. It is not SeeMyBiz WD&M
Hosting's intention that its Services or facilities be used in
contravention of the Communications Decency Act of 1996 (the "CDA")
or any other applicable law.
1.7. You agree to comply with the requirements of the CDA and the
Digital Millennium Copyright Act (the "DMCA") and acknowledge that
SeeMyBiz WD&M Hosting is a "service provider" under the DMCA and is
therefore immune from liability under the DMCA, including 17 U.S.C.
� 512. Consistent with the DMCA, SeeMyBiz WD&M Hosting will
accommodate standard technical measures used to identify and protect
copyrighted works, and, as further described herein, SeeMyBiz WD&M
Hosting has a policy of terminating accountholders who are repeat
copyright infringers.
1.8. Websites are unmodified forums containing the personal opinions
and other expressions of the persons who post entries on a wide
range of topics. Neither the content of websites located on SeeMyBiz
WD&M Hosting's servers nor the links to other websites are screened,
approved, reviewed or endorsed by SeeMyBiz WD&M Hosting. SeeMyBiz
WD&M Hosting is not a publisher of any of the content of websites,
or of any content that may be available through the links to and
from them, and is acting solely as an Internet web-hosting service
provider. The text and other material on such websites are the
opinion of the specific author and are not SeeMyBiz WD&M Hosting's
statements of advice, opinion or information.
2. Limited Warranty; Limitation of Liability; Indemnification
2.1. Limited Warranty. You acknowledge that the Services are
provided "as is." Neither SeeMyBiz WD&M Hosting, nor any of its
employees or agents, warrants that the Services will be
uninterrupted, error free or free from viruses or other harmful
components. SeeMyBiz WD&M Hosting is not responsible for and hereby
disclaims any warranties, either expressed or implied, regarding the
quality, accuracy, or validity of the data and/or completeness,
non-infringement, merchantability or fitness for a particular
purpose of information available on its SERVERS or residing on or
passing through its interconnecting networks. Use of information
obtained from or through the Services is at your risk. Under no
circumstances will SeeMyBiz WD&M Hosting be liable to you or any
other person for any loss or damage caused by your reliance on
information available on its servers or obtained through the
Services.
2.2. Limitation of Liability. IN NO EVENT SHALL SeeMyBiz WD&M
Hosting BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS
AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS)
ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR
INABILITY TO USE SeeMyBiz WD&M Hosting'S SERVICES (INCLUDING, BUT
NOT LIMITED TO, INOPERABILITY OF SeeMyBiz WD&M HOSTING SERVERS),
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SeeMyBiz WD&M HOSTING
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL SeeMyBiz WD&M HOSTING'S MAXIMUM LIABILITY EXCEED THE TOTAL
AMOUNT PAID BY YOU TO SeeMyBiz WD&M Hosting FOR THE SERVICES DURING
THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW
DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SeeMyBiz WD&M Hosting's LIABILITY IS LIMITED TO
THE EXTENT PERMITTED BY LAW.
2.3. Indemnification. You agree to indemnify, defend and hold
SeeMyBiz WD&M Hosting and its affiliates, directors, officers,
employees and agents harmless from and against any liabilities,
losses, damages or costs, including reasonable attorneys' fees,
resulting from any third-party claim, action, dispute or demand
related to your use of the Services, your violation of any of the
provisions of this Agreement or from your placement or transmission
of any materials or content onto SeeMyBiz WD&M Hosting's servers.
Such liabilities may include, but are not limited to, those arising
from the following: (a) with respect to your business, (i)
infringement or misappropriation of any intellectual property
rights; (ii) defamation, libel, slander, obscenity, pornography, or
violation of the rights of privacy or publicity; or (iii) spamming,
or any other offensive, harassing or illegal conduct or violation of
the acceptable uses described herein or anti-spam policy; (b) any
damage or destruction to SeeMyBiz WD&M Hosting's equipment or to any
other accountholder, which damage is caused by or otherwise results
from acts or omissions by you, your representative(s) or your
designees; (c) any personal injury or property damage arising out of
your activities related to the Services, unless such injury or
property damage is caused solely by SeeMyBiz WD&M Hosting's gross
negligence or willful misconduct; and (d) any other damage arising
from your equipment or your business.
3. Payment of Fees
3.1. SeeMyBiz WD&M Hosting will send an email notice of fee
increases 30 days before such increases take effect. A listing of
current semiannual and annual fees (each, a "Payment Interval") can
be found at www.SeeMyBiz WD&M.com
3.2. You agree to provide SeeMyBiz WD&M Hosting with accurate and
complete billing information, including your legal name, address,
telephone number, e-mail address and to update this information
immediately if any change occurs. Payments must be submitted in
advance of receiving the Services.
3.3. If you secure your account with a credit card, you acknowledge
that SeeMyBiz WD&M Hosting will bill your credit card prior to the
Payment Interval you have chosen. You authorize automatic billing by
SeeMyBiz WD&M Hosting on an ongoing basis during the term of this
Agreement.
3.4. Delinquent accounts are those that remain unpaid at the
beginning of the next Payment Interval. The Services will be
suspended if your account is delinquent for 30 days, and SeeMyBiz
WD&M Hosting will insert a message at your website indicating your
suspension that visitors to your website will see. Notwithstanding
any other rights SeeMyBiz WD&M Hosting may have in this Agreement,
all of your website contents will be destroyed if your account is
delinquent for 35 days. SeeMyBiz WD&M Hosting accounts continue to
accrue charges while they are delinquent or if the Services are
suspended.
3.5. You acknowledge responsibility for your account until payment
in full is made.
4. SeeMyBiz WD&M Hosting's Right to Terminate Agreement
(a) SeeMyBiz WD&M Hosting reserves the right to suspend or terminate
the Services to you and remove or prevent access to any material
from your website at any time, without prior notice or liability,
for any conduct that SeeMyBiz WD&M Hosting, in its sole discretion,
believes violates this Agreement or is otherwise harmful to SeeMyBiz
WD&M Hosting's interests or the interests of other accountholders.
(b) SeeMyBiz WD&M Hosting also reserves the right to comply with the
take-down provisions of the DMCA and to seek injunctive,
declaratory, interpleader or other judicial or equitable relief
(and, pending such action, to suspend all access to your website) if
any third-party claim is made that your website content or use
violates any of the acceptable uses or your obligations or
representations described in this Agreement.
5. Cancellation of Accounts
5.1. You may cancel your SeeMyBiz WD&M Hosting account by submitting
a support request.
5.2. Canellation requests must be made 30 days in advance of the
intended account closure.
5.3. All SeeMyBiz WD&M Hosting accounts must be paid in full before
the cancellation will be considered complete.
5.4. If your account is suspended or terminated for any reason
permitted by this Agreement, SeeMyBiz WD&M Hosting may, at its sole
discretion, permanently delete your website contents from SeeMyBiz
WD&M Hosting servers, and SeeMyBiz WD&M Hosting will not be able to
reopen or restore such content.
6. Arbitration; Governing Law
6.1. Except for SeeMyBiz WD&M Hosting's compliance with take-down
provisions of the DMCA or injunctive or other equitable actions
initiated by SeeMyBiz WD&M Hosting pursuant to Section 4(b), if any
controversy or dispute arises in connection with this Agreement, the
Services or your use of SeeMyBiz WD&M Hosting's servers, such
controversy or dispute shall first be presented for resolution by
SeeMyBiz WD&M Hosting and you. If no resolution is reached within 7
days thereafter, then such controversy or dispute shall be resolved
by binding arbitration in Sacramento, California, under the
then-current rules of commercial arbitration of the American
Arbitration Association. Each party shall select an arbitrator with
expertise in computer law and the Internet, and these two
arbitrators shall select the third arbitrator with such expertise.
The validity, terms, performance and enforcement of this Agreement
shall be governed and construed by its provisions and in accordance
with the laws of the State of California (without regard to
conflicts of laws principles).
6.2 You hereby irrevocably and unconditionally consent to submit to
the exclusive jurisdiction of the state and federal courts located
in Phoenix Arizona, for any action, suit or proceeding arising out
of or relating to Section 4(b) of this Agreement and the arbitration
contemplated by this Section 6.
7. Miscellaneous
You may not assign your rights and obligations under this Agreement
without the prior written consent of SeeMyBiz WD&M Hosting, which
may be withheld at SeeMyBiz WD&M Hosting's discretion. Nothing
contained in this Agreement shall be construed as creating any
agency, partnership, or other form of joint enterprise between the
parties. The failure of SeeMyBiz WD&M Hosting to require your
performance of any provision hereof shall not affect the right to
require such performance thereafter; nor shall the waiver by
SeeMyBiz WD&M Hosting of a breach of any provision hereof be taken
or held to be a waiver of the provision itself. Any action for any
claim arising under, or in connection with, this Agreement must be
commenced by you within one year after the alleged cause of action
has accrued or after the date of termination of this Agreement,
whichever is earlier. In the event that any provision of this
Agreement is deemed unenforceable or invalid, such unenforceability
or invalidity shall not affect the remainder of this Agreement. Such
provision may be amended or replaced with one that is valid and
enforceable and which achieves, to the extent possible, the original
objectives and intent of the parties as reflected in the original
provision. No provision of this Agreement may be amended or modified
by you except by means of a written document signed or expressly
assented to by SeeMyBiz WD&M Hosting. All terms and conditions of
this Agreement that should by their nature survive termination of
this Agreement shall so survive. This Agreement and the Online Order
form, together with all amendments or modifications to any of them,
constitute the complete and exclusive agreement between you and
SeeMyBiz WD&M Hosting and supersede and govern all prior proposals,
agreements, or other communications.
8. Acceptable Uses
8.1. Use and Misuse of the Services. All complaints of abuse,
violation and misuse of the Services, whether described in this
Section 4 or otherwise, shall be investigated promptly. If you are
not sure if your actions will be an abuse, violation or misuse,
please ask first: support[at]seemybiz.com
You are responsible for all use of your website, with or without
your knowledge or consent.
You agree to use the Services only for lawful purposes, in
compliance with all applicable laws. Illegality includes, but is not
limited to, drug dealing; attempting without authorization to access
a computer system; pirating (distributing copyrighted material in
violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM
emulators); gambling; schemes to defraud; trafficking in obscene
material; sending a message or having content that is obscene, lewd,
lascivious, filthy, or indecent with intent to annoy, abuse,
threaten, or harass another person; threatening bodily harm or
damage to individuals or groups; violating U.S. export restrictions;
stalking; or violating other state or federal law, such as the
Electronic Communications Privacy Act, the Computer Fraud and Abuse
Act, or the Economic Espionage Act. Linking to illegal material is
also prohibited.
When SeeMyBiz WD&M Hosting becomes aware of possible violations of
this Agreement, SeeMyBiz WD&M Hosting may initiate an investigation
that may include gathering information from you and the complaining
party, if any, and examination of material on SeeMyBiz WD&M
Hosting's servers. SeeMyBiz WD&M Hosting, in its sole discretion,
will determine what action will be taken in response to a violation
on a case-by-case basis. Violations of this Agreement could subject
you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD SeeMyBiz
WD&M HOSTING HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN
BY SeeMyBiz WD&M HOSTING AS PART OF ITS INVESTIGATION OF A SUSPECTED
VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A
VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT
SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM SeeMyBiz WD&M HOSTING AS
A RESULT OF SeeMyBiz WD&M HOSTING'S DECISION TO REMOVE MATERIAL FROM
ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE
ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION
OR AS A RESULT OF SeeMyBiz WD&M HOSTING'S CONCLUSION THAT A
VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS
DESCRIBED IN THIS AGREEMENT.
8.2. Use and Misuse of Materials. Materials in the public domain
(e.g., images, text, and programs) may be downloaded or uploaded
using the Services. You may also re-distribute materials in the
public domain. You assume all risks regarding the determination of
whether the material is in the public domain.
You are prohibited from storing, distributing or transmitting any
unlawful material through the Services. Examples of unlawful
material include, but are not limited to, threats of physical harm,
child pornography, and copyrighted, trademarked and other
proprietary material used without proper authorization. Pornography
and sex-related merchandising, or links to such material, even if
legal, are not acceptable uses of SeeMyBiz WD&M Hosting's servers.
You may not post, upload or otherwise distribute copyrighted
material on SeeMyBiz WD&M Hosting servers without the consent of the
copyright holder.
Unacceptable uses of website content also include the presence of
the following programs or the activities associated with them,
regardless of whether or not any actual intrusion results in the
corruption or loss of data: server broadcast messages or any message
sent on an intrusive basis to any directly or indirectly attached
network; attempts to circumvent any user authentication or security
of host, network, or account; accessing data not intended for user;
probing the security of any network; spawning dozens of processes;
port scans, ping floods, packet spoofing, and forging router
information; denial of service attacks, sniffers, flooding,
spoofing, ping bombing, smurfs, winnuke, land and teardrop;
promulgation of viruses; and IRC bots, such as eggdrop or BitchX.
SeeMyBiz WD&M Hosting supports free speech on the Internet and will
not suspend or cancel your account simply because it disagrees with
your views expressed at your website. However, examples of
unacceptable activities include posting private information about a
person without his or her consent, defaming a person or business,
and knowingly making available code that will have a deleterious
effect on third-party computers. Where there are allegations that
your on-line activity has violated the legal rights of a third
party, SeeMyBiz WD&M Hosting will not substitute itself for a court
of law in deciding tort claims raised by the third party.
8.3. Email Use. Unacceptable affronts to netiquette and unacceptable
activities include, but are not limited to, the following: spamming
(sending unsolicited advertising to those with which you have no
existing business relationship and posting off-topic advertising in
newsgroups); spoofing (using a return email address that is not the
valid reply address of the sender or sending an email message that
does not contain enough information to enable the recipient to
identify you); passive spamming (promoting a website hosted by
SeeMyBiz WD&M Hosting by spamming from some other source); trolling
(posting controversial messages in newsgroups to generate
responses); mailbombing (inundating a user with email without any
serious intent to correspond or sending large or multiple files to a
user); generating a higher volume of outgoing mail than a normal
user (over 10% of available system resources); propagating chain
letters; and subscribing someone else to an electronic mailing list
without that person's permission. A message is considered
unsolicited if it is posted in violation of a newsgroup charter or
sent to a recipient who has not requested the message. Making an
email address available to the public does not constitute a request
to receive messages. Distribution of mass emailing programs is also
prohibited. All recipients on a mailing list must have personally
subscribed. Mailing lists may not be used to distribute unsolicited
email. If you are repeatedly mailbombed or attract such behavior,
the Services will be terminated without prior notice.
You should not send email to any user who does not wish to receive
it, either at SeeMyBiz WD&M Hosting or elsewhere. SeeMyBiz WD&M
Hosting recognizes that email is an informal medium; however, you
must refrain from sending further email to a user after receiving a
request to stop.
You may not alter the headers of email messages to disguise their
identity or to prevent users from responding to the messages.
SeeMyBiz WD&M Hosting may disclose the usernames of accounts
responsible for forged email messages to system administrators or
users requesting the information.
Violations of the SeeMyBiz WD&M Hosting policies outlined herein can
sometimes result in massive numbers of email responses. If you
receive so much email that SeeMyBiz WD&M Hosting resources are
affected, SeeMyBiz WD&M Hosting staff may shut down your mailbox
without prior notice.
8.4. System Security. You are prohibited from utilizing the Services
to compromise the security of system resources or accounts on
servers at SeeMyBiz WD&M Hosting or at any other site. Use or
distribution of tools designed for compromising security or
containing viruses or trojans are prohibited. Examples of these
tools include, but are not limited to, password guessing programs,
cracking tools or network probing tools. If you are involved in
violations of system security, SeeMyBiz WD&M Hosting reserves the
right to release all usernames of users involved in such violations
to system administrators at other sites in order to assist them in
resolving security incidents. SeeMyBiz WD&M Hosting will also fully
cooperate with law enforcement authorities in investigating
suspected lawbreakers.
8.5. System Resources. System abuse includes any use of SeeMyBiz
WD&M Hosting resources that disrupts the normal use of its servers
or services for others. Examples of system abuse include running
excessive numbers of processes or consuming excessive amounts of CPU
time, memory or disk space. Any usage of 10% or more of SeeMyBiz
WD&M Hosting's system resources is an undue burden on SeeMyBiz WD&M
Hosting's system and is unacceptable. If your usage ever exceeds 10%
of system resources, your account may be terminated immediately and
without prior notice. SeeMyBiz WD&M Hosting can set an additional
domain name to be pointed to your site's IP address for a one-time
$10 set-up fee. Usage of scripts or other utilities to direct
pointed domain names to subdirectories is not permitted and is
grounds for termination.
Further, running programs in the background on a SeeMyBiz WD&M
Hosting server without SeeMyBiz WD&M Hosting's prior written
authorization, or running chat rooms, Internet Relay Chat, IRC bots,
mailing lists that send more then 1,000 emails a day and the like
are not acceptable uses of SeeMyBiz WD&M Hosting's servers.
***********************
Commercial Advertising - Email
SeeMyBiz WD&M Hosting holds a zero-tolerance policy to spam.
Spamming, or the sending of unsolicited email, from our server or
using an email address or domain that is maintained on our machine
as reference is stictly prohibited. Any user caught violating our
spam policy will have their account immediately suspended without
notice. No refund is given in this circumstance. Furthermore, A $10
penalty will be assessed for each unsolicited email sent from our
servers.
You may not alter the headers of email messages to disguise their
identity or to prevent users from responding to the messages.
SeeMyBiz WD&M Hosting may disclose the usernames of accounts
responsible for forged email messages to system administrators, or
law enforcement offices requesting the information.
Web Site Content Policy
All services provided by SeeMyBiz WD&M Hosting 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
SeeMyBiz WD&M Hosting from any claims resulting from the use of the
service which damages the subscriber or any other party.
Pornography and sex-related links or merchandising is prohibited on
all SeeMyBiz WD&M Hosting servers. This includes sites that may
infer sexual content, or links to adult content elsewhere. SeeMyBiz
WD&M Hosting will be the sole arbiter in determining violations of
this provision.
Also prohibited are sites that promote any illegal activity or
present content that may be damaging to our servers or any other
server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
� Pirated software
� Hacker programs or archives
� Warez sites
� Copyrighted material such as MP3, e-books, movies, etc.
Account Ownership
SeeMyBiz WD&M Hosting is only responsible to the present owner of
the Web hosting space. We verify ownership by credit card number (if
paid for by credit card), name, address, email address, username, &
password. If you give this information to any other party or give
access to your email address on your account to another party, you
risk having your Web site and any other information on your account
changed and/or deleted. We are not responsible for any information
on your account should you reveal this information to another party
who causes damage to your account and/or Web site.
System Security
You are prohibited from utilizing the services to compromise the
security of system resources or accounts on servers at SeeMyBiz WD&M
Hosting or at any other site. Use or distribution of tools designed
for compromising security or containing viruses or trojans are
prohibited. Examples of these tools include, but are not limited to,
password guessing programs, cracking tools or network probing tools.
If you are involved in violations of system security, SeeMyBiz WD&M
Hosting reserves the right to release all usernames of users
involved in such violations to system administrators at other sites
in order to assist them in resolving security incidents. SeeMyBiz
WD&M Hosting will also fully cooperate with law enforcement
authorities in investigating suspected lawbreakers.
System Resources
System abuse includes any use of SeeMyBiz WD&M Hosting resources
that disrupts the normal use of its servers or services for others.
Examples of system abuse include running excessive numbers of
processes or consuming excessive amounts of CPU time, memory or disk
space.
Any usage of 10% or more of SeeMyBiz WD&M Hosting's server system
resources is an undue burden on SeeMyBiz WD&M Hosting's system and
is unacceptable. If your usage ever exceeds 10% of system resources,
your account may be terminated immediately and without prior notice.
Usage of scripts or other utilities to direct pointed domain names
to subdirectories is not permitted and is grounds for termination.
Further, running programs in the background on a SeeMyBiz WD&M
Hosting server without SeeMyBiz WD&M Hosting's prior written
authorization, or running chat rooms, Internet Relay Chat, IRC bots,
mailing lists that send more then 1,000 emails a day and the like
are not acceptable uses of SeeMyBiz WD&M Hosting's servers and are
grounds for account suspension and termination without notice.
You are allowed to run your own CGI and PHP scripts on the server.
However, we reserve the right to disable any CGI script that effect
normal server operation or service to other SeeMyBiz WD&M Hosting
customers. For the protection of all our customers, we also reserve
the right to discontinue service to those customers who continue to
run scripts that effect normal server operation. No chat rooms or
similar scripts allowed.
Cancellation Policy
You may cancel at anytime. To cancel your account, please submit a
support request. As a policy, we do not offer credits or refunds for
hosting time already expended. Setup fees fees are non- refundable.
Backups
Full backups are made weekly, and backups of new/changed data made
nightly. No guarantees are made of any kind, either expressed or
implied, as to the integrity of these backups. Backups are made for
server restoration purposes only. It is the clients' responsibility
to maintain local copies of their web content and any information on
their account including but not limited to clients website, email,
databases, mailing lists, and archives. If loss of data occurs due
to an error of SeeMyBiz WD&M Hosting, we will attempt to recover the
data at no charge to the client. If data loss occurs due to
negligence of client in securing their account or by an action of
the client, SeeMyBiz WD&M Hosting will attempt to recover the data
from the most recent archive for a $75.00 fee.
Support Policy
At the current time, we only offer technical support via email to
support[at]SeeMyBiz.com. Should you have an question, we first
advise you to check out the support area and frequently asked
questions to see if you question can be answered by reading our
documention. If you cannot find an answer in the support area please
submit your support request via email at support[at]SeeMyBiz.com and
one of our technical administrators will respond as soon as
possible.
Traffic Policy
Each account comes with a specific monthly bandwidth limit. If your
account reaches it's limit, your web site may be temporily suspended
until either a new billing cycle occurs (resetting your monthly
bandwidth limit) or you contact support to make arrangements to
purchase additional bandwidth. SeeMyBiz WD&M Hosting customers are
discouraged from storing any files that cause excessive traffic on
SeeMyBiz WD&M Hosting servers.
Payment Policies and Fees:
Full payment is required before any hosting service is rendered,
which includes renewals. All payment-due notices will be sent by
electronic mail. No bills or invoices will be sent by postal mail or
fax. Accounts that are past due by 30 days will be suspended. Once
payment is made service will be restored. Prepayment is due each
anniversary following the date the account was established.
Additional features can be added at any time. Monthly feature prices
are not prorated. SeeMyBiz WD&M Hosting reserves the right to change
prices or plans at any time.
Returned Check Fee
SeeMyBiz WD&M Hosting charges a $25.00 fee for returned checks as
well as charge backs. For international customers: check or money
order funds must be drawn in US dollars.
Indemnification Policy
We reserve the right to refuse service to anyone for any reason not
prohibited by law. Also we reserve the right to terminate service to
any customer for any reason not prohibited by law. You agree to use
all SeeMyBiz WD&M Hosting services and facilities at your own risk.
SeeMyBiz WD&M Hosting specifically disclaims all warranties of
merchantability and fitness for a particular purpose. In no event
shall SeeMyBiz WD&M Hosting be liable for any loss, or loss of data,
or other commercial damage, including but not limited to special,
incidental, consequential or other damages. Customer agrees that it
shall defend, indemnify, save and hold SeeMyBiz WD&M Hosting
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorney�s fees asserted against
SeeMyBiz WD&M Hosting, its agents, its customers, officers and
employees, that may arise or result from any service provided or
performed or agreed to be performed or any product sold by customer,
it�s agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless SeeMyBiz WD&M Hosting against
liabilities arising out of:
any injury to person or property caused by any products sold or
otherwise distributed in connection with SeeMyBiz WD&M Hosting's
server;
any material supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party;
copyright infringement and;
any defective products sold to customer from SeeMyBiz WD&M Hosting�s
server.
SeeMyBiz WD&M Hosting shall be the sole judge of what violates this
Policy.
SeeMyBiz WD&M Hosting is only responsible to the present owner of
the Web hosting space. We verify ownership by credit card number (if
paid for by credit card), name, address, username, & password. If
you give this information to any other party you risk having your
web site and any other information on your account changed and/or
deleted. We are not responsible for any information on your account
should you reveal this information.
If you are ever unsure of a policy, just ask. I will help to clarify.