This Agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.
Termination
Either party may terminate this Agreement without cause upon written notice to the other party. Nothing in this paragraph however shall limit Package Web Inc right to terminate Customer immediately and without prior notice for improper use and violations as set forth herein.
Termination of any domain or account will not be processed without the required documentation. Any person wishing to terminate their account or any domain within their account must browse to our Secure Termination Form and complete the form. Terminations will not be accepted without completing the termination form. No exceptions will be made. The termination form is required for your protection as well as ours. The form provides evidence that the individual terminating the account is authorized to do so.
In the event that Package Web Inc elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance.
In the event Customer elects to terminate this Agreement, same shall be considered a breach and Customer shall not be entitled to any refund.
In the event that Package Web Inc elects to terminate Customer without cause, Customer shall receive a full refund of any balance. However, if Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance.
Liability
Customer agrees that Package Web Inc shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.
Customer further agrees that Package Web Inc shall not be liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.
Customer agrees that it shall not hold Package Web Inc liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
Package Web Inc is not liable for customer site content backups on their shared hosting platforms. Package Web Inc has made every reasonable attempt to protect the security and integrity of customer's web sites but offers no warranty as to the ability to restore site content in the event of a server failure.
IN NO EVENT SHALL PACKAGE WEB INC. LIABILITY EXCEED THE TOTAL VALUE PAID TO PACKAGE WEB INC BY CUSTOMER.
Representation and/or Warranties
Package Web Inc makes no representations and cannot guarantee that Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer shall not hold Package Web Inc liable for any damages, injuries or losses incurred by Customer as a result of any action instituted by a third party.
Client Content, Backups and Data Loss
Package Web Inc performs backups of client content once per week on Linux shared servers, and twice per week on Windows shared servers. Package Web Inc makes every effort to insure that these backups are valid. Package Web Inc assumes no liability for any information published to any server including all customer web site content, related files, backup files, databases or mail belonging to any customer hosted at Package Web Inc. Backup arrangements for client content for any frequency other than the standard backup frequency must be made by written contract and acceptance by Package Web Inc and any such contract will be subject to premium monthly charges.
Package Web Inc assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered from the most recent backup tapes.
Access to client content is provided to all customers at any time. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on Package Web Inc Servers, or of any database maintained on any server operated by Package Web Inc in the event Package Web Inc is unable to restore customer content from tape backup.
AT NO TIME SHALL PACKAGE WEB INC. ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.
Security
Customer understands that the Internet and other various networking communications are not secure.
Applicable Laws
Customer will ensure that its use of the Internet and any service provided by Package Web Inc to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography. In the event that Customer violates this provision, Package Web Inc shall have the right to consider same a breach of this Agreement by customer which shall entitle Package Web Inc to terminate Customer immediately without prior notice.
It shall be within the sole discretion of Package Web Inc to deem material as inappropriate.
Integrity of Information
Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.
Account Security
Customer shall be solely responsible for protecting the security of its Internet account and usage. Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. Package Web Inc shall not be liable for any breach of security caused by Customer or third parties. IN NO EVENT SHALL PACKAGE WEB INC. LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN PACKAGE WEB INC. AND CUSTOMER.
Package Web Inc will use its best efforts to maintain the integrity and security of Customer's password.
Domain Name Ownership
Customer shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. Customer shall make payment directly to the issuer. Under no circumstances shall Package Web Inc be responsible for this cost.
Mail Services
Package Web Inc mail services are available for hosted customers only. Unauthorized use of the mail services is prohibited.
Web based e-mail is provided by Package Web Inc for their hosted customers only. This service is not intended to be used as a secure repository for customer e-mail. All e-mail stored on Package Web Inc's servers is deleted after 60 days. Package Web Inc does not backup the mail accounts of its customers and customers store their e-mail on Package Web Inc servers at their own risk.
POP Mail services are not to be used to transfer system backups or disk images. POP mail resource usage is not tracked against your monthly bandwidth or disk allocation. POP3 Mail accounts are limited to 10Mb of material / account.
Bandwidth Usage
Package Web Inc reserves the right to review and limit bandwidth on any hosting account package or domain exceeding reasonable monthly usage or usage over and above the specified maximum package limites in accordance with the current price list published on the web site. Customers exceeding reasonable usage monitored by Package Web Inc will be given the option to pay for excess usage at a rate of $20.00/month/5Gb (Incremental $5.00/month/Gb), or will be given notice in which to move their domain to another service. A single notification will be made by E-mail. Failure to respond to the E-mail notification will constitute an agreement to charge the account for excessive bandwidth usage.
Hosting Account Ownership
The billing contact, as registered with Package Web Inc is considered to be the account owner. Package Web Inc will not transfer ownership, content, or access to any other party without written consent of the registered Account Owner.
Legal Action
Customer agrees to indemnify and hold Package Web Inc harmless in any legal action which arises as a result of Customer's use of Package Web Inc services, without limitation or exception including, but not limited to any action brought against Customer by a third party.
Jurisdiction and Governing Law
This Agreement shall be governed by the laws of the State of Washington and jurisdiction shall lie within the State of Washington. CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF THE STATE OF WASHINGTON.
Headings
Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.
Modification
The terms and conditions of this Agreement may be modified at the discretion of Package Web Inc with 30 days notice to Customer.
Entire Agreement
This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.
Failure to properly notify Package Web Inc via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer's acceptance of same.
Renewal
Customer's failure to properly notify Package Web Inc of its objections to any of the terms and conditions set forth herein shall constitute Customer's acceptance of same.
This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.
In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect. Package Web Inc current Terms and Conditions may be viewed at www.packagewebinc.com.
Spam Policy
* NOTICE CONCERNING MAILING LISTS, UNSOLICITED MAILINGS (SPAM)*
PACKAGE WEB INC. STRICTLY PROHIBITS THE USE OF THEIR SERVERS TO SEND OR RELAY UNSOLICITED MAIL (SPAM). IF ANY DOMAIN HOSTED BY PACKAGE WEB INC., PARTICIPATES IN THE SENDING OF UNSOLICITED MAIL, UNSOLICITED BULK MAILINGS, UNSOLICITED SPOT MAILINGS OR ANY OTHER FORM OF MAILING COMMONLY KNOW AS SPAM, THE DOMAIN WILL BE CANCELLED IMMEDIATELY AND ALL ACCESS TO PACKAGE WEB INC. WILL BE TERMINATED. TERMINATION OF THE HOSTING ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE SOURCE/SERVER THE MAIL IS DISTRIBUTED FROM. PACKAGE WEB INC. DOES NOT SUPPORT THE PRACTICE OF SPAM AND WILL TERMINATE THEIR ASSOCIATION WITH ANY COMPANY HOSTED BY OUR SERVERS IF THAT COMPANY HAS BEEN IDENTIFIED AS THE SOURCE OF UNSOLICITED E-MAIL/SPAM REGARDLESS OF THE ORIGINATING SERVER. ALL INFORMATION STORED ON PACKAGE WEB INC. SERVERS WILL BE REMOVED IMMEDIATELY, DNS WILL BE TERMINATED, AND MAIL WILL BE SENT TO THE ABUSE DESK OF THE DOMAIN'S ISP. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES.
MAILING LISTS HOSTED ON PACKAGE WEB INC. SERVERS ARE NOT TO BE USED TO DEVELOP UNSOLICITED MAILING LISTS OR BULK MAILING LISTS. ACTIVITY FLOWING THROUGH THE SMTP SERVERS HOSTED BY PACKAGE WEB INC. IS MONITORED CONTINUOUSLY AND NEW SECURITY FEATURES AND MONITORING TECHNIQUES ARE BEING INSTALLED IN ORDER TO DETECT AND PREVENT UNAUTHORIZED USE OFPACKAGE WEB INC'S SMTP SERVERS.
I ACKNOWLEDGE THE POLICY CONCERNING UNSOLICITED MAILINGS AS STATED ABOVE AND I HEREBY AGREE NOT TO USE THE EQUIPMENT OWNED AND OPERATED BY PACKAGE WEB INC. OR ANY OTHER SMTP SERVICE FOR THE PURPOSE OF SENDING ANY UNSOLICITED BULK MAILINGS.
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