IMPORTANT NOTICE:All Payments To Own Web Now Corp Are Non-Refundable
Own Web Now Corp "The Company" agrees to furnish services to the Subscriber subject to the following TOS Terms of Service.
Use of Own Web Now Corp Service constitutes acceptance and agreement to Own Web Now Corps AUP as well as Own Web Now Corps TOS Terms of Service.
All provisions of this contract are subject to the TOS Terms of Service of Own Web Now Corp. 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 Florida county of Broward applicable to contracts enforceable in that state. Venue will be Orange County Florida.
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 Own Web Now Corp 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 months service.
Payments and Fees: Credit cards that are declined for any reason are subject to a 1.00 declination fee. Service will be interrupted on accounts that reach 24 hours past past due. Service interrupted for nonpayment is subject to a 25 reconnect charge. Accounts that are not collectable by Own Web Now Corp 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 nor more than 150. If you desire to cancel your account please follow the proper procedure to do this as outlined in this TOS.
Refund and Disputes: All payments to Own Web Now Corp are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that in OwnWebNow Corps sole discretion is a valid charge under the provisions of the TOS and /or AUP you agree to pay Own Web Now Corp an "Administrative Fee" of not less than 50 and not more than 150.
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.
Account Cancellation: All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:
Own Web Now Corp Attn: Cancellations 8131 Vineland Ave 102 Orlando FL 32821
Requests can also be submitted through the control panel support system. The account will be cancelled as soon as wereceive the request you cant request it be turned off on a particular date/time and are processed within 24 hours.
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 companys 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.
New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications however this process may sometimes require up to 7 business days. If the new domain is registered by the account holder there will be no handling fee. If the domain is registered by Own Web Now Corp on behalf of the account holder a handling fee will be incurred.
Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Own Web Now Corp will require a minimum of seven 7 days to be set up and entered into our DNS servers. In some cases such transfers may take up to sixty 60 days. Due to the unpredictable nature of the transfer process no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Own Web Now Corp on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason all charges are considered earned.
Support Boundaries: Own Web Now Corp provides 24 x 7 technical support to our subscribers except for few holidays and short company meetings when we close our center. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Own Web Now Corp provides support related to your virtual site physical functioning. Own Web Now Corp does not offer tech support for application specific issues such as cgi programming html or any other such issue. OwnWebNow Corp does not provide technical support for YOUR customers. If you can email we encourage you to email firstname.lastname@example.org for assistance. If you are able to get online and have other questions the answers may be on our home page at http://www.ownwebnow.com - we encourage you to check there first. Lastly the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
SPAM and Unsolicited Commercial Email UCE: Own Web Now Corp 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 Own Web Now Corp may not use or permit others to use our network to transact in UCE. Customers of Own Web Now Corp 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 Own Web Now Corps SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy OwnWebNow Corp will initiate an immediate investigation within 48 hours of notification. During the investigation Own Web Now Corp may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy Own Web Now Corp may at its sole discretion restrict suspend or terminate customers account. Further Own Web Now Corp reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Own Web Now Corp 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 Own Web Now Corp 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 OwnWebNow Corp network it is advisable that Customers develop a similar or stricter policy for their clients.
Massive relays mail bombing marketing lists and other massive mailing list operations are strictly prohibited through ExchangeDefender outbound relays.
IP Address Ownership: If OwnWebNow Corp assigns Customer an Internet Protocol address for Customers use the right to use that Internet Protocol address shall belong only to Own Web Now Corp and Customer shall have no right to use that Internet Protocol address except as permitted by Own Web Now Corp in its sole discretion in connection with the Services during the term of this Agreement. Own Web Now Corp shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Own Web Now Corp and Own Web Now Corp 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 ARINs 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". Own Web Now Corp will monitor Customers bandwidth and disk usage. Own Web Now Corp shall have the right to take corrective action if Customers 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 Own Web Now Corps sole and absolute discretion. If OwnWebNow Corp 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 OwnWebNow Corp may at its sole discretion suspend the account or delete excess storage. Clients exceeding storage limitations or abusing shared FTP service are not entitled to backups provided by the SLA.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the Own Web Now Corp Network. Violations of system or network security may result in civil or criminal liability. Own Web Now Corp will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include without limitation:
Accessing data not intended for such User or logging into a server or account which such User is not authorized to access.
Attempting to probe scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user host or network including without limitation via means of overloading "flooding" "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation:
Own Web Now Corp is under no duty to look at each customers or users activities to determine if a violation of the AUP has occurred nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First violation: Any User which OwnWebNow Corp determines to have violated any element of this Acceptable Use Policy shall receive an email warning them of the violation. The service may be subject at Own Web Now Corps discretion to a temporary suspension pending a Users agreement in writing to refrain from any further violations.
Second Violation: Users that OwnWebNow Corp determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet.
Suspension of Service or Cancellation: Own Web Now Corp reserves the right to suspend network access to any customer if in the judgment of the Own Web Now Corp network administrators the customers server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Own Web Now Corp chooses. If inappropriate activity is detected all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customers machines were suspended.
Indemnification: Own Web Now Corp wishes to emphasize that in agreeing to the Own Web Now Corp Acceptable Use Policy AUP and Terms of Service ToS customer indemnifies Own Web Now Corp for any violation of the Acceptable Use Policy AUP and Terms of Service ToS that results in loss to Own Web Now Corp or the bringing of any claim against Own Web Now Corp by any third-party. This means that if Own Web Now Corp is sued because of a customers or a customer of a customers activity the customer will pay any damages awarded against Own Web Now Corp plus all costs and attorneys fees.
Branding: Own Web Now Corp grants its partners the right to brand distribute and manage services including branded portals documentation and sales materials. All Own Web Now Corp materials used in the branded communications must retain Own Web Now Corp copyright with respect to the logos and trademarks of Own Web Now Corp.
Miscellaneous Provisions: You must provide us with and keep current good contact information for you. E-mail fax and telephone contacts are used in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
Own Web Now Corp takes no responsibility for any material input by others and not posted to the Own Web Now Corp Network by Own Web Now Corp. OwnWebNow Corp is not responsible for the content of any other websites linked to the Own Web Now Corp Network; links are provided as Internet navigation tools only. OwnWebNow Corp disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or partys violation of this policy.
Own Web Now Corp is not responsible for any damages your business may suffer. Own Web Now Corp does not make implied or written warranties for any of our services. Own Web Now Corp denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays non-deliveries wrong delivery and any and all service interruptions caused by Own Web Now Corp.
It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content: You as Own Web Now Corps customer are solely responsible for the content stored on and served by your Own Web Now Corp virtual site.