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Privacy/TOS

Privacy Statement

The Information We Collect

This notice applies to all information collected on the WJ Web Design and Hosting website, or submitted to WJ Web Design and Hosting at any time through any of our services on the website.

Personally Identifiable Information

When visiting WJ Web Design and Hosting`s Web site, communicating with WJ Web Design and Hosting, and/or signing-up for or using any WJ Web Design and Hosting service you may choose to supply WJ Web Design and Hosting with information that identifies you personally. This information may include your name and contact information, as well as other demographic or commerce related information.

Cookies

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close you browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. We set a persistent cookie to store your passwords, so you don‟t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site. If you reject cookies, you may still use our site, but you will be asked to enter your username and password again every time you close your browser or your session has timed out. Some of our business partners (e.g., advertisers) use cookies on our site. We have no access to or control over these cookies. See “Third Party Advertisers.” This privacy statement covers the use of cookies by WJ Web Design and Hosting only and does not cover the use of cookies by any advertisers.

Log Files

As is true of most web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information. IP addresses are only tied to personally identifiable information to prevent and block abusers from using our services such as members who violates our terms of service. We use a third-party tracking service that uses cookies and log files to track non-personally identifiable information about visitors to our site in the aggregate of usage and volume statistics to determine how our users navigate through our website and to know how many users are using our services demographically.

The Way We Use Information

We use the information you provide about yourself or others to complete the transaction for which it is intended. This may include administering a service such as registration, email, etc., or contacting you if you have indicated your permission to do so by agreeing to accept further notification and service announcement from us on your member profile page. You can choose to opt-out of receiving any further notification from your member profile page. We do not share this information with outside parties without your permission.

Tell-A-Friend

If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. WJ Web Design and Hosting stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Support Forum

If you use the Support Forum on this site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in this forum.

Internal Surveys

Upon using our services, you will occasionally be requested to participate in our internal surveys which are conducted by WJ Web Design and Hosting to determine your personal interests. These surveys are strictly voluntary. The data collected through these surveys will be used solely to determine the type of advertisements you will be exposed with when you are logged in to your control panel account. Each survey will be sponsored by our partners, which will be in the form of survey prizes. However, any PII collected will not be shared in any way to any of our partners or affiliates. The information collected will only be used to enhance our web site and your experience and to award prizes. The surveys will be prompted when you are logging in to your WJ Web Design and Hosting account, a new survey will be prompted to you, whenever it is available.

Communications From The Site

When we receive email, we use return email addresses to reply with the information requested. Such addresses are not used for any other purpose and are not shared with outside parties. When supplying contact information to WJ Web Design and Hosting you can indicate your preference if you would like to be contacted to receive information and updates about our services by logging in to your WJ Web Design and Hosting account, going to your member profile page and choose not to receive any further notification emails from us or other information pertaining to WJ Web Design and Hosting. Information you submit to us will not be used for this purpose unless you indicate this as your preference. When supplying contact information to WJ Web Design and Hosting you can indicate your preference on your members profile page to participate in the WJ Web Design and Hosting program if you would like to receive special offers from other companies that we think may be of interest to you through our periodically newsletter. Information you submit to us will not be used for this purpose unless you elect to participate in the WJ Web Design and Hosting program or otherwise consent. You will receive a confirmation email from us when placing an order on our site and paying through one of our trusted 3rd parties such as PayPal or 2Co. They only share back information with us about the transaction such as your name, item ordered, email address, etc.

Choice/Opt-out

We provide you the opportunity to “opt-out” of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you register for our services, but choose not to receive any promotional newsletter concerning our updated services. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at. support@willjoyner.com. We offer an opportunity to opt- out of certain communications on our member profile page, or you may contact us at support@willjoyner.com to opt-out. You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

Generally, you may not opt-out of service related communications (such as replying to your emails, order confirmation emails, etc.) which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account by contacting us at support@willjoyner.com.

Information Sharing and Disclosure

We share aggregated demographic information about our user base with our partners and advertisers. This information does not identify individual users. We use non-identifying and aggregate information to better design our web site and services, and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our Web site, or that Y number of men and Z number of women use a certain service, but we would not disclose anything that could be used to identify those individuals unless they indicated this as their preference. We do not link aggregate user data with personally identifiable information.

Personally Identifiable Information

WJ Web Design and Hosting does not share, sell, rent, or trade PII with third parties for their promotional purposes except with your consent as described in this privacy policy. Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described within this privacy policy without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

How You Can Access Or Correct Your Information

You can access all your personally identifiable information that we collect online and maintain by logging into your password-protected account and selecting to update your profile or personal info. We use this procedure to better safeguard your information. You can also correct factual errors in your personally identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

Specific Terms and Conditions

WJ Web Design and Hosting considers email transmitted via our service to be the private correspondence between the sender and recipient. We will not monitor, edit or disclose the contents of a user`s private communications, except as required by law, to comply with legal process, if necessary to enforce the Service Agreement, to respond to claims that such contents violate the rights of third- parties, or to protect the rights or property of WJ Web Design and Hosting. By using the service you agree that technical processing of email communications is and may be required to send and receive messages, to conform to the technical requirements of connecting networks, to conform to the limitations of the Service, or to conform to other, similar technical requirements. By using the service you acknowledge and agree that WJ Web Design and Hosting do not endorse the content of any user communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.

Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our web site.

Security

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can send email us at support@willjoyner.com.

Links to Other Sites

This Web site contains links to other sites that are not owned or controlled by WJ Web Design and Hosting. Please be aware that we, WJ Web Design and Hosting are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies only to information collected by this Web site.

Changes in this Privacy Statement

If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

WJ Web Design and Hosting Privacy Department

support@willjoyner.com

Terms of Service

ACCEPTABLE USE POLICY & TERMS OF SERVICE

The following is the entire Acceptable User Policy (“AUP”) agreement between WJ Web Design and Hosting (“WJWDH”) and the personal or corporate account holder (“YOU/YOUR/Customer”). WJWDH provides Web Design, Web Hosting, Marketing, and Analytics. WJWDH has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services.

WJWDH general policy is to act as a provider of Internet presence. WJWDH reserves the rights to suspend or cancel a customer’s access to any or all services provided by WJWDH when we decide that the account has been inappropriately used.

SERVER ABUSE

Any attempt to undermine or cause harm to a server or customer of WJWDH is strictly prohibited.

WJWDH will strongly react to any use or attempted use of an account or computer without the owner’s authorization. Such attempts include “scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc.

Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to WJWDH, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE – WJWDH has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by WJWDH to be unacceptable use of our services including abuse of server resources.

WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS

All web applications that are out- of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.

Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18- years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

STORAGE SPACE ABUSE

WJWDH will not tolerate any form of storage space abuse. Our intention is to provide ample storage space for your website and not to be an offsite storage area for files. At least 90% of YOUR files (“GIF,JPEG,MP3,etc.”) must be ‘linked’ with web pages (“HTML,HTM”) stored on WJWDH servers. Accounts that are found to contain either few HTML documents or a large number of unlinked files are subject to files deletion or account cancelation at the discretion of WJWDH Management (“MANAGEMENT”), with or without prior notice.

WJWDH will be the sole arbiter as to what constitutes a violation of this provision.

BANDWIDTH ABUSE

The intention of WJWDH is to provide ample bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in account termination.

In the case of shared hosting accounts, if at any time YOUR website generates enough bandwidth usage to adversely affect the performance of other customer sites on the server, we reserve the full right to terminate YOUR account without refund.

WJWDH will be the sole arbiter as to what constitutes a violation of this provision.

UNSOLICITED EMAIL & SPAMMING

Unsolicited commercial advertisements (“SPAM”) are not allowed in e-mail, and will likely result in account cancelation.

WJWDH takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to $25 per unsolicited email message sent and delete YOUR account with any prior notice.

The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.

NOTE – If YOU use the services of another provider to promote a website hosted by or through WJWDH (“spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

99.9% UPTIME GUARANTEE

(1.) COVERAGE – This 99.9% uptime guarantee applies to any Customer in good financial standing with WJWDH at the time of a service outage.

(2.) SERVICE LEVEL AGREEMENT (“SLA”) & SPECIFICATIONS – WJWDH endeavors to have the content of YOUR website available for http access by any party in the world 99.9% of the time. Network downtime (“unavailability”) is defined as 100% packet loss from WJWDH to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via WJWDH’s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling WJWDH.

WJWDH’s administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the WJWDH network.

(3a.) SHARED HOSTING CREDITS – In the event that YOUR website is unavailable for less than 99.9% of the month, WJWDH will credit the following month’s service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.

Monthly Uptime Credit: 95% to 99.9% – YOUR account will be credited 10% of your monthly hosting fee; 90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee; 89.9% or below – YOUR account will be credited 50% of your monthly hosting fee

(3b.) MANAGE DEDICATED SERVERS – For managed dedicated server Customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the Customer’s services during the month and the calculated actual level of availability of the Customer’s services, multiplied by the actual charges incurred by YOU for the services during that monthly period. In addition, for managed dedicated servers, YOU may be entitled to additional credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to exceeding 25% of the monthly service charge for the affected month.

In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) days after YOU experienced the downtime. You must request credit by sending an e- mail message to support@willjoyner.com. For security, the body of this message must contain YOUR account number, the dates and times of the unavailability of YOUR website, and such other customer identification requested by WJWDH. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to YOUR account shall be YOUR sole and exclusive remedy in the event of an outage.

(4.) RESTRICTIONS – Credit shall not be provided to YOU in the event that you have any outage resulting from:

Scheduled maintenance as posted from time to time at WJWDH, your behavior or the performance or failure of your equipment, facilities or applications, circumstances beyond WJWDH’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, YOU breaking any agreement policy in WJWDH’s “Terms & Conditions and AUP” causing a machine to fail as a result.

30-DAY MONEY BACK GUARANTEE

30-day money back guarantee applies to hosting accounts only. It does not apply to the purchase of any other additional products or services including, but not limited to, domain names and SSL certificates. YOU must notify WJWDH via e-mail that you wish to receive a refund no later than the 30th day after the opening of your account. After receiving confirmation of a refund request a refund will be issued with 5 business days.

TECHNICAL SUPPORT BOUNDARIES

WJWDH provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.

However, in under no circumstances is WJWDH neither obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any EasyApps applications that are installed through the cPanel control panel interface are installed as directed.

CGI SCRIPTS

Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice. (this section does not apply to managed dedicated servers)

CHAT ROOMS

We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with WJWDH. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides ‘real-time’ chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB or similar forum scripts are acceptable.

FILE SERVER

WJWDH installed and provides special file-servers in our network infrastructure for YOUR benefit as a means of storage for electronic files and applications that are not dynamically generated and is downloadable in nature. Files such as MP3, AVI, MID, MIDI, MPG, MPEG, MOV, ZIP, RAR, EXE and anything else we deemed as downloadable and not dynamically generated scripting languages are to be stored within these file-servers, away from the web- servers. This Policy does not apply for image files formats such as JPG, JPEG, GIF, PNG, and BMP.

In addition, all electronic files stored within WJWDH’s file-servers must be legally- owned and be accompanied with a valid license and/or copyright. This includes and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion without any further notifications.

File-servers will not be backed up. YOU are advised to have YOUR own backup locally or elsewhere other than within the WJWDH’s servers. If YOU are found to not adhere to this Policy, the offending material(s) will be deleted from YOUR hosting account without any prior notice.

This service is only available for WJWDH’s SHARED-HOSTING customers.

SMTP MAIL SERVER ABUSE

We do not allow YOU to send outbound mail to more than 20 recipients at any one given time and/or more than 1,000 pieces of e-mail per day from a shared hosting account with a maximum filesize of 20MB per email message. If YOU violate WJWDH policies persistently in email activities, YOUR account will be suspended and deleted.

BACKGROUND RUNNING PROGRAMS

We may allow programs to run continually in the background. These are considered on a one-to- one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (This section does not apply to managed dedicated servers).

IRC

We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. YOU can however, install IRC clients on managed dedicated servers. The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited.

PAYMENT POLICIES

All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. WJWDH reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify WJWDH to request for termination of services. All payment is in U.S. currency. WJWDH will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All WJWDH accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a $50.00 fee. Please contact the billing department at billing@willjoyner.com should you wish to change your anniversary billing cycle.

CANCELATION OF SERVICE

WJWDH reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by WJWDH if we invoke our right of cancelation. Any violation of policies which results in extra costs billed to YOU (i.e. transfer, space etc.).

All of WJWDH’s PLANS are backed by a 30-day money back guarantee. If YOU are not completely satisfied with our services or support within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation.

If YOU cancel, the full contract amount less any setup fees and overages will be refunded if WJWDH is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to a PayPal account made available by the Customer after the 120th day. Refund policy will not be made available to Customers using wire transfers.

All account cancelations must be done via our cancelation form at YOUR hosting account control panel. Phone or email requests will not constitute acceptance of any cancelation.

PROMOTIONAL RATES & SPECIAL OFFERS

WJWDH may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.

INTELLECTUAL PROPERTY RIGHTS

Material accessible to you through WJWDH’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use WJWDH or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the WJWDH network. If YOU use a domain name in connection with WJWDH or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

NETWORK SECURITY

Customers may not use the WJWDH network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. WJWDH will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

ELECTRONIC COMMERCE

YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:

(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,

(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and

(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.

YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.

STATIC & DYNAMIC CONTENT CACHING

YOU expressly

(i) grant to WJWDH a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by WJWDH under this Agreement and

(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.

IP ADDRESS OWNERSHIP

WJWDH shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by WJWDH. WJWDH reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

DOMAIN NAME REGISTRATION

YOU agree to pay WJWDH prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the WJWDH price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. WJWDH reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from WJWDH to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by WJWDH) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to WJWDH as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. WJWDH will reinstate YOUR domain name registration solely at WJWDH discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Transfer domain registrar to WJWDH

YOU agrees to pay WJWDH prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the WJWDH price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:

No response from the Registered Name Holder or Administrative Contact; Domain name in Registrar Lock Status; Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

WJWDH reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from WJWDH to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by WJWDH) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to WJWDH as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. WJWDH will reinstate YOUR domain name registration solely at WJWDH discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Transfer domain registrar away from WJWDH

WJWDH reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:

No response from the Registered Name Holder or Administrative Contact; Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change; Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer.

YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and WJWDH will not be held liable for the failure of a domain name transfer for any reason.

LAWFUL PURPOSE

WJWDH reserves the right to refuse service to anyone. YOU may only use WJWDH server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3”. The designation of any materials as such described above is left entirely to the discretion of WJWDH management.

If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that WJWDH may disclose any and all YOUR 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.

Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Fremont, California, and any dispute will be litigated or arbitrated in Fremont, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL WJWDH’S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

INDEMNIFICATION

YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD WJWDH HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST WJWDH, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WJWDH AGAINST LIABILITIES ARISING OUT OF:

(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH WJWDH’S SERVER.

(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY

(3) COPYRIGHT INFRINGEMENT AND

(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM WJWDH’S SERVER.

DISCLAIMER

WJWDH WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. WJWDH MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. WJWDH DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES,

WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY WJWDH AND ITS EMPLOYEES. WJWDH RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF WJWDH MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.

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