Hosting Services Terms of Use
terms and conditions - updated 11/01/2005
ReadyWebGo is a host of personal and business World Wide Web pages. ReadyWebGo and its providers provide hosting capabilities as a service to the Internet community. The goal of ReadyWebGo and its providers is to provide you with the best service possible for an enjoyable Internet experience.
These terms and conditions are designed to keep ReadyWebGo and the Internet enjoyable and useful for all of its subscribers. ReadyWebGo is committed to and supports the free flow of information and ideas over the Internet. ReadyWebGo does not actively monitor or exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over readywebgo or its providers' services. However, readywebgo and its providers reserves the right to remove any materials readywebgo or its providers becomes aware of that are, in their sole discretion, potentially illegal, could subject ReadyWebGo or its providers to liability, or violate this policy.
The use of ReadyWebGo is subject to the following terms and conditions.
ReadyWebGo agrees that its providers may amend this agreement on an as needed basis by placing an update of this posting, and Client's continued use of readywebgo following each updated posting shall be deemed to be your acceptance of any such modification. Furthermore, it is Client's responsibility to monitor the "Terms and Conditions" page of readywebgo regularly to determine whether the terms and conditions have been modified. If changes to terms and conditions or pricing have been made, these changes will take effect on the date of Client's contract renewal. If Client does not agree with the Terms and Conditions of ReadyWebGo or any modifications or changes to this Agreement, Client must immediately stop using ReadyWebGo.
The entire content of ReadyWebGo and its providers is Copyrighted, and all rights are reserved. Client may save to disk or print out individual or selections of information contained within readywebgo for Client's own use, provided that Client does not collect multiple small selections for the purpose of replicating or copying all or substantial portions of ReadyWebGo .
Terms of Contract
I. Financial Arrangements
1. Client agrees to the contract for the length specified, beginning upon ReadyWebGo's receipt by fax, e-mail, or express mail. Client agrees to pay ReadyWebGo for services rendered pursuant to the payment schedule.
2. First payment shall be due upon receipt of contract.
3. This agreement will automatically renew for identical successive periods unless canceled in writing or modified by client prior to the renewal date. Client will receive an invoice for charges and payment is due upon receipt of invoice.
4. Initial payment is due with contract. Contract takes effect on the date of receipt of payment, and will be renewed automatically for identical successive periods. Any changes made to the Client's package (e.g. extra traffic charges, additional server space, additional e-mail accounts) shall be billed accordingly.
5. All orders are subject to acceptance by readywebgo. An order will be deemed accepted by ReadyWebGo when confirmation of the order is sent to Client. ReadyWebGo may refuse to accept any order, or delay acceptance awaiting completion of conditions ReadyWebGo may choose to exercise. Such refusal of such conditions may not be unreasonable, however, and ReadyWebGo agrees to provide Client with reasonable notice by email or fax of any intent to delay or decline the acceptance of any order.
II. Taxes
ReadyWebGo and its providers shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or ReadyWebGo and its provider's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold.
III. Material and Products
1. ReadyWebGo will exercise no control whatsoever over the content of the information passing through the network or on the Client's web sites.
ReadyWebGo makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. ReadyWebGo also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions or gaps by any cause or errors or omissions of the Client. ReadyWebGo and its providers are not responsible for any loss, erasure, or corruption of Client's data or files whatsoever. Use of any information obtained by way of readywebgo or its providers is at the Client's own risk, and ReadyWebGo specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of connection to ReadyWebGo through its providers and does not represent guarantees of available end to end bandwidth. ReadyWebGo expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. ReadyWebGo specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "Server-ready", ReadyWebGo may, at its option and at any time, reject this material, including but not limited to after it has been put ReadyWebGo's Server.
ReadyWebGo agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of ReadyWebGo . If the Client fails to modify the material, as directed by ReadyWebGo, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be terminated.
IV. Trademarks & Copyrights
Client warrants that it has the right to use the applicable trademarks, if any, and grants ReadyWebGo the right to use such trademarks in connection with ReadyWebGo's service.
V. Etiquette and Policy
1. The network resources of ReadyWebGo and its providers may not be used to impersonate another person or misrepresent authorization to act on behalf of others or ReadyWebGo and its providers. All messages via ReadyWebGo should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users may not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. Clients may not ReadyWebGo's server for mass email or "spamming" purposes.
2. ReadyWebGo and its providers may impose reasonable rules and regulations regarding the use of its services. Client shall impose such rules and regulations on its customers to the extent necessary to ensure compliance.
3. ReadyWebGo and its providers may discontinue servicing any Plan, or may require fulfillment of terms or conditions. ReadyWebGo and its providers may choose to impose as a prerequisite for continuing to service any such Plan. Such discontinuation or requirement may not be unreasonable, however, and ReadyWebGo agrees to provide Client with reasonable notice by email and fax of any such intent to discontinue or impose certain conditions.
4. ReadyWebGo's services may not be used for illegal purposes, or in support of illegal activities. ReadyWebGo reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:
Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
Posting or emailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters.
Threatening bodily harm or property damage to individuals or groups.
Making fraudulent offers of products, items, or services originating from your account.
Attempting to access the accounts of others, or attempting to penetrate beyond security measures of ReadyWebGo 's or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data.
Harassing others by 'mail-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same e-mail address.
Forging any message header, in part or whole, or any electronic transmission, originating or passing through ReadyWebGo services.
Distributing viruses to or from ReadyWebGo or its provider's systems.
5. Bulk email sent through a mail service external to ReadyWebGo's system cannot contain an email address or a domain name that is hosted by ReadyWebGo or its providers. This generally results in complaints being forwarded to ReadyWebGo's administrative staff and will be cause for immediate account termination or suspension without prior notification.
VI. Charges for Space and Server Traffic Above and Beyond that which are Allocated in Client's Hosting Plan.
Client agrees that it will be charged and will remit payment for extra server traffic pursuant to the web site hosting package that Client has selected. Said charges will be prorated and will appear on the following invoice. Charges for excess server traffic are posted on the "extras" page (click here to review).
Client agrees that it will be charged and will remit payment for extra server storage and e-mail accounts pursuant to the web site hosting that Client has selected. Said charges will be prorated and appear on the following invoice. Charges for extra server storage space and extra e-mail accounts are posted in the hosting section of www.readywebgo.com.
VII. Termination
1. This Agreement may be terminated by readywebgo or its providers, without cause, by giving the other party 30 days notice via e-mail or fax. In such event, ReadyWebGo will be required to pay to the other party an amount equal to the unused and prorated portion of service excluding any setup charges. Notwithstanding the above, ReadyWebGo or its providers may terminate the service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. It is Client's responsibility to point his/her domain to another service provider upon termination, cancellation or discontinuation of service.
2. ReadyWebGo offers a 30-day money back guarantee for its services. This guarantee excludes any setup fees or installation charges applied to ReadyWebGo's services or applications.
3. ReadyWebGo will not issue refunds or credits past the 30-day money back guarantee.
VIII. Limited Liability
1. Client expressly agrees that use of ReadyWebGo's server is at Client's sole risk. Neither ReadyWebGo nor its providers, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that ReadyWebGo's server service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the server service or as to the accuracy or reliability of any information service or merchandise contained in or provided through the ReadyWebGo server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall ReadyWebGo's provider, its offices, agents or anyone else involved in creating or distributing ReadyWebGo's server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the readywebgo server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to ReadyWebGo's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on ReadyWebGo's server service.
IX. Indemnification
Client agrees that it shall defend, indemnify, save and hold ReadyWebGo and its providers harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against ReadyWebGo , its providers, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless ReadyWebGo and its providers against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with ReadyWebGo 's server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on ReadyWebGo server.
X. Partial Invalidity
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. ReadyWebGo and Client agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.
XI. Disputes
The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of cooperation without formal procedures. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph X shall be subject to arbitration upon written demand of either party. Arbitration shall take place in Boise, Idaho, or at a different location if the parties so agree. The arbitration will take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's pay. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceeding. Each party shall have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction.
Should any legal action permissible under this agreement be taken to enforce the conditions and terms of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable legal fees and expenses incurred at the trial and appellate levels.
XII. Confidentiality
Client acknowledges that by reason of its relationship with ReadyWebGo or its providers, it may have access to certain products, ReadyWebGo and materials relating to ReadyWebGo's business, plans, customers, software technology, and marketing plans that are confidential and of substantial value to readywebgo or its providers, which value would be impaired if such information were disclosed to third parties. Client agrees that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by ReadyWebGo . Client further agrees that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by the Client of any such confidential information in its possession, and all confidential documents shall be returned to readywebgo or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, ReadyWebGo shall be entitled to injunctive relief, which relief will not be contested by Client.
XIII. Notices
Except with respect to service of process, all notices may be sent by email, fax, or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.
