Terms of Use (Acceptable Use Policy)

All users of WBIM’s services, and all customers upon signing up for WBIM’s services, agree to comply with WBIM’s Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using WBIM’s services with due regard to the rights of other Internet users and in conformity with the requirements of WBIM’s network environment. The TOU are not exhaustive and WBIM reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.webboy.com or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent to abuse@webboy.com. The TOU supersedes any other agreement with WBIM, whether written, oral, by conduct, or otherwise.

The following Terms of Use apply to ALL WBIM customers:

WBIM’s services include, but are not limited to:

1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that WBIM provides to customers);
   
2. any use by customers, or any access provided to customers by WBIM, of computing, telecommunications, software, information, hardware, and equipment;
   
3. any act, or provision of any service, by WBIM to customers, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
   
4. any provision by WBIM to customers, of any space, Internet connectivity, or electrical power;
   
5. any access or use related to the WBIM’s web site, including the web site itself;
   
6. any other service mentioned in the TOU;
   
7. any other service provided by WBIM to customers, whether used or not;
   
8. any other WBIM services that are used by customers, whether offered or provided by WBIM to customers.
   

Ownership of Web Site

The legal owner of customers' web sites and accounts with WBIM will be the individual or organization whose name is listed in WBIM’s database as the owner. Customers will fully cooperate with and abide by any and all of WBIM’s security measures and procedures in the event of any dispute over ownership of customers' web sites and accounts with WBIM.

Illegal Use

WBIM servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing WBIM services, all WBIM customers certify that they and/or the organization they represent in procuring services from WBIM are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to WBIM’s customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a WBIM server, and selling or distributing software (on a web site residing on a WBIM server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. WBIM reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Viruses and Other Destructive Activities

Use of WBIM’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use WBIM’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Copyright Violations

The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All WBIM customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a WBIM customer (per the DMCA) to WBIM must follow the below procedures. Copyright infringement notifications submitted to WBIM according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at WBIM’s sole discretion.

DMCA Copyright Infringement Notification Requirements:

1. Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
   
2. Identification of the copyrighted work(s) claimed to have been infringed.
   
3. Identification of the material claimed to infringe the copyright(s), and enough information for WBIM to locate it including URLs and specific descriptions of the infringing material at each URL.
   
4. The Claimant's name, address, and telephone number(s).
   
5. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
   
6. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
   
7. Mail the notification to:
   WBIM
   DMCA Complaints
   6207 Sanders Drive
   Tampa, FL 33611

Child Pornography

The use of WBIM’s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. WBIM is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Privacy

WBIM is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, WBIM urges its customers to assume that all of their on-line communications are insecure. WBIM cannot take any responsibility for the security of information transmitted over WBIM’s facilities.

Customer Responsibility

Customers are required to use the WBIM network responsibly. This includes respecting the other customers of WBIM. WBIM reserves the right to suspend and/or cancel service with any customer who uses the WBIM network in such a way that adversely affects other WBIM customers. While WBIM may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, WBIM does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when WBIM becomes aware of any violation of the TOU or other user agreements, WBIM may take any action to stop or correct such violation, including, but not limited to, denying access to WBIM’s services and equipment or to the Internet. In addition, WBIM may take action against a customer or a customer of such customer because of the activities of such customer. WBIM anticipates that customers who offer Internet services will cooperate with WBIM in any corrective or preventive action that WBIM deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of WBIM policy and WBIM reserves the right to take any such action even though such action may affect other customers of the WBIM customer.

Actions Taken by WBIM

The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. WBIM will be the sole arbiter as to what constitutes a violation of the TOU. WBIM reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When WBIM becomes aware of an alleged violation of its TOU, WBIM will initiate an investigation. During the investigation, WBIM may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, WBIM may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, WBIM will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. WBIM does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by WBIM.

Indemnification

WBIM customers agree to protect, defend, hold harmless, and indemnify WBIM, any third party entity related to WBIM (including, without limitation, third party vendors), and WBIM’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as WBIM, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of WBIM’s services.

Disclaimer

The WBIM service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. WBIM expressly disclaims any representation or warranty that the WBIM service will be error-free, secure or uninterrupted. No oral advice or written information given by WBIM, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. WBIM and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency

If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, WBIM may immediately terminate provision of WBIM’s services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against WBIM in such event.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL WBIM (INCLUDING, WITHOUT LIMITATION, WBIM’s EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS WBIM, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING WBIM’s SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE SINCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR WBIM SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY WBIM SERVICES EVEN IF WBIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WBIM’s TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR WBIM’s SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY WBIM OR WBIM’s REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Governing Law and Severability

The TOU, and any other agreement for WBIM services, will be governed by and construed in accordance with the laws of the State of Illinois, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and WBIM will take place in Illinois, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other WBIM agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

Force Majeure

WBIM will not be liable for delays in its performance of the TOU or WBIM services caused by circumstances beyond WBIM’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). WBIM will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and Amendment : Any waiver, modification, or amendment of any provision of the TOU or other agreement for WBIM services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of WBIM.

Complete Agreement and Exclusivity

The TOU, and/or any other specific agreement for WBIM services, constitutes the complete understanding and agreement between WBIM and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of WBIM, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for WBIM services is between WBIM and its customers only and will not confer any rights in any third party except as otherwise expressly provided by WBIM.