Fishing with a Net Web Hosting furnishes services to Subscribers as a Reseller Hosting Service purchased from Webs 4 Christ . We are constrained to, submitted to, and in agreement with their Hosting Terms of Service.
Further more , we (Fishing with a Net) are constrained by the terms of Alpha-One Technology to follow their Terms of Service.
As Stated in their Terms of use: "All Sub-Networks, resellers and managed servers of AlphaOne Technology must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy."
Webs 4 Christ Terms of Service are quoted below:
(begin quote)"Webs 4 Christ ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Webs 4 Christ Service constitutes acceptance and agreement to Webs 4 Christ's AUP as well as Webs 4 Christ's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Webs 4 Christ, and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Illinois , county of Cook applicable to contracts enforceable in that state. Venue will be Cook County , Illinois .
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Webs 4 Christ shall have the right to terminate all service set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be deactivated on accounts that reach 10 days past due. Service deactivated for nonpayment is subject to a $10 reactivation charge. Service will be deleted on accounts that reach 30 days past due. Re-registration is required for the deleted service. Accounts that are not collectable by Webs4Christ may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Refund: Refund policy depends on the hosting service will be given after 30 days of registration if the TOS is not violated.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury
SPAM and Unsolicited Commercial Email (UCE): Webs 4 Christ takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Webs 4 Christ may not use or permit others to use our network to transact in UCE. Customers of Webs 4 Christ may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Webs 4 Christ's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Webs 4 Christ will initiate an immediate investigation (within 48 hours of notification). During the investigation, Webs 4 Christ may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Webs 4 Christ may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Webs 4 Christ reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Webs 4 Christ will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Webs 4 Christ personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the Webs 4 Christ network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Anyone hosting websites or services on their server or given Web space that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our network. The server or the given Web space will not be reactivated until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reactivation and agree to allow us access to the server or the given Web space to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server or the given Web space from our network without notice to the customer. Any server or a given Web space guilty of a second violation WILL be immediately and permanently removed from our network without notice
Network
IP Address Ownership: If Webs 4 Christ assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Webs 4 Christ, and Customer shall have no right to use that Internet Protocol address except as permitted by Webs 4 Christ in its sole discretion in connection with the Services, during the term of this Agreement. Webs 4 Christ shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Webs 4 Christ, and Webs 4 Christ reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Webs 4 Christ will monitor Customer's bandwidth and disk usage. Webs 4 Christ shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Webs 4 Christ's sole and absolute discretion. If Webs 4 Christ takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Webs 4 Christ may, at its sole discretion, collect a deposit, in an amount determined by Webs 4 Christ, against customer's credit card on file
