Web Specialists, Inc. - Terms Of Service
Web Specialists, Inc. agrees to furnish services to you as a customer, subject to the following Terms of Service.
You as a customer acknowledge that the nature of the services furnished and the initial rates and charges have been communicated to you. You are aware that Web Specialists, Inc. may change the specified rates and charges in the future provided a 30-day notice is given. The current rates and charges communicated are based on the current cost of providing services for Web Specialists, Inc., which these costs could change in the future.
Payment & Fees
Web Specialists, Inc. sends out bills for its services with bills being mailed out around the beginning of each month. Bills are due and payable upon receipt, but do allow for a grace period that extends until the 1st day of the following month. New customers may receive a first bill for a partial month and the first full month's services. Accounts not paid by the end of the grace period are subject to a 15% late fee. Customer accounts that become past due may have services suspended until balance is paid. If a check presented to Web Specialists, Inc. is returned unpaid for any reason, a returned check fee of $35.00 will be added to the amount owed. Web development projects must be paid in full and signed off on prior to launching web sites.
Refund and Disputes
All payments to Web Specialists, Inc. are non-refundable. This includes all one-time setup fees, deposits and any other payments to Web Specialists, Inc. regardless of usage or type of service. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred.
Failure to Pay
Web Specialists, Inc. may temporarily deny service or terminate this Agreement upon the failure of customer to pay charges when due. Such termination or denial will not relieve you as a customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
From time to time Web Specialists, Inc. will trade its services for the goods or services of its clients. In the event that there is a trade balance owed by either party, this balance will remain as an open credit for as long as the client continues doing business with Web Specialists, Inc.. In the event that a client terminates services with Web Specialists, Inc. and has a trade balance owed to Web Specialists, Inc., that amount will become due and payable immediately. If a client terminates services with Web Specialists, Inc. and has a trade balance owed by Web Specialists, Inc., that amount will continue to be available as an open credit to be used for future services.
All requests for canceling accounts must be made in writing with at least 30 days' notice, sent to Web Specialists, Inc., Attn: Cancellations, 4606 FM 1960 West, Suite 400 Houston, TX 77069. You must include all account information to cancel. All services are subject to an Exit Fee equal to $99.00 or one month's charge(s)* whichever is greater, and the Exit Fee is in addition to charge(s) for service(s) during the 30 day notice period. Any client giving verbal or written intent to cancel services must then pay for all future services in advance, and any unpaid invoices or balances will be due and payable immediately.
*Domain Names are charged per year at $19.00, and will incur an Exit Fee of $19.00.
You as a customer are responsible for keeping your password(s) confidential. You as a customer are also responsible for any loss or damages that may occur from stolen or hacked passwords, regardless of whether or not you authorized the use. You as a customer agree to immediately notify Web Specialists, Inc. of any unauthorized use of your account(s). Web Specialists, Inc. is not responsible for any loss or damages due to stolen or hacked passwords.
POP3 / IMAP Email
Web Specialists, Inc. offers two types of email services, POP3 and IMAP, POP3 is included with all web hosting plans and IMAP is available at an additional cost. POP3 Email is designed to be downloaded off the email server to your local computer or mobile device. With POP3 Email boxes you as a customer are responsible for downloading your emails off the email server to make sure that your email box does not continuously exceed 25MB. POP3 Email Boxes found to have continuously exceeded the 25MB limit will be upgraded to IMAP. IMAP Email Boxes do not have a space limitation as IMAP is designed to use the email server for storage of email messages.
Liability Of Web Specialists, Inc.
You as a customer acknowledge that the services provided are of such a nature that service can be interrupted for many reasons other than the negligence of Web Specialists, Inc. and that damages resulting from any interruption of service are difficult to ascertain. Therefore, you agree that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Web Specialists, Inc.. You further acknowledge that Web Specialists, Inc.'s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by customer for services during the period damages occurred. In no event shall Web Specialists, Inc. be liable for any special or consequential damages, loss or injury.
Refusal of Service / Client Monitoring
Web Specialists, Inc. reserves the right to refuse, cancel or suspend services to any client for any reason at its sole discretion. Web Specialists, Inc. reserves the right to monitor clients for any reason at its sole discretion, including but not limited to web site files and email messages.
The following are considered a violation of this Terms Of Service Agreement and will result in termination of services, as well as possible Legal Action.
Web Specialists, Inc.'s services may not be used for illegal purposes, or in support of illegal activities. Any account found to be engaging in any type of illegal activity will have their services terminated immediately. Furthermore Web Specialists, Inc. reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Copyright Or Trademark Infringement
Use of Web Specialists, Inc.'s services to transmit any material (by email, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software will result in immediate termination of the offending account.
Use of Web Specialists, Inc.'s services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters" will result in the immediate termination of the offending Web Specialists, Inc. account.
Threats Or Harassment:
Use of Web Specialists, Inc.'s services to transmit any material (by email, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property, or harasses others will result in the immediate termination of the offending Web Specialists, Inc. account.
Web Specialists, Inc.'s services may not be used for hosting or promotion of any type of adult material (ex: X, XX or XXX rated material Web sites, promotion of adult Web sites by email, uploading, posting or otherwise). Any account found to be hosting, supporting or promoting adult material with our services, will have their services terminated immediately.
Web Specialists, Inc.'s services may not be used for hosting or promotion of any type of gambling material (ex: online casino Web sites, promotion of online casinos by email, uploading, posting or otherwise). Any account found to be hosting, supporting or promoting gambling material with our services, will have their services terminated immediately.
Web Specialists, Inc. has a zero tolerance policy on SPAM. Web Specialists, Inc. does not allow the use of its services for the sending or delivery of any bulk e-mail, unsolicited bulk, or unsolicited commercial e-mail. In addition Web Specialists, Inc. does not allow the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM").
As a customer it is your obligation to ensure that all e-mail sent directly by you, or on your behalf, does not violate the CAN-SPAM Act. We assume that all SPAM complaints are valid, unless we are provided with information to prove otherwise. To avoid action from Web Specialists, Inc., you should read the CAN-SPAM Act at this URL: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business.
You as a customer may not use any of our services to send SPAM. You as a customer are responsible for all e-mail sent, or caused to be sent from your account, regardless of if you authorized it or not.
Accounts found to be sending SPAM, may have their services terminated immediately, without notification. In addition accounts found to be sending bulk e-mail, unsolicited bulk, or unsolicited commercial e-mail will be billed $1,500.00 in order to cover the cost of server administration to clean up the mess.
Unauthorized use of Web Specialists, Inc.'s services for the transmission of bulk e-mail, unsolicited bulk, or unsolicited commercial e-mail, including the transmission of e-mail in violation of Web Specialists, Inc.'s Anti SPAM Policy, could result in civil and / or criminal penalties against the sender and everyone that assisted the sender, including the penalties provided in the Computer Fraud and Abuse Act (18 U.S.C. §1030, et seq.) as well as state and federal laws.
Distribution of Viruses:
Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Accounts found to be engaging in the distribution of viruses (by email, uploading, posting or otherwise), will have their services terminated immediately.
REVISIONS TO TERMS OF SERIVCE
Web Specialists, Inc. reserves the right to revise, amend, or modify this Terms of Service and our other policies and agreements at any time and in any manner with or without notice.