End User License Agreement
We hate to have to spell things out explicitly, but we do live in the United States in the twenty-first century, so there isn't much choice.
You will have to agree with the following before you are allowed to host with us.
- Our willingness to host your content is dependent on your willingness to "play nice." This means you agree not to engage in spamming, phishing, hosting illegal content, hosting deceptive content, hacking other sites, or in general doing anything most Internet users would consider destructive, bad, malicious, immoral, or evil. We only want to provide a home to good neighbors.
- You agree not to do anything that might threaten the viability of our hosting service for other customers. For example, you may have a beef with Scientology and want to host a site about it, but we know from past experience that this usually results in hordes of attack lawyers waving subpoenas and seizing servers, which hurts other customers; knowing this, we won't allow you to host this kind of site. This same rule applies if you're hosting content that has a likelihood of drawing denial of service attacks, getting an entire ip subnet blacklisted by anti-spam agencies, or getting servers seized in some police raid. If it is likely to have a detrimental effect on other customers, then you can't do it. (This isn't to say we won't host risky content if we think it's worthy -- just that you need to make arrangements with us ahead of time so we can limit any potential outages to your site and avoid surprises for everyone else.)
- Our uptime guarantee and 15-day refund policy don't apply to people who abuse the service. This means if you engage in some malicious or damaging activity and we turn off your account, you won't be refunded for the down-time. If you create an account and immediately start spamming (as an example), we'll cancel your account and you won't be eligible for a refund.
- In a dispute, our position wins. You may honestly believe that your conduct was perfectly reasonable and all those complaints about "spamming" are coming from confused users. You may be right. But if we determine you're spamming, cancel your account, and decide not to host for you in the future, then you're out of luck. Sorry.
- We're in the business of providing the best service we can, but no service is perfect. Our liability should we not deliver the service you expect is spelled out in our 99.9% guarantee -- we'll credit you that month's hosting (or refund it, at our discretion) and that's all. Further, if you engage in activities that expose us to liability, then you agree that you'll cover our costs to defend ourselves. Here's a more traditional way to state this:
wellbuiltnetworks provides its services "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose. In no event shall wellbuiltnetworks be liable for any loss of profits, loss of business, loss of data, unsecured transactions, interruption of business, or for indirect special, incidental, or consequential damages of any kind, even if wellbuiltnetworks has been advised of the possibility of such damages arising from any defect or error in the documentation, software, web site templates, or hosting.
You shall indemnify, defend by counsel reasonably accepted by wellbuiltnetworks, protect and hold wellbuiltnetworks harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants` and attorneys` fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or relating to Software and Services provided.
Sorry for the legalese there, but we had to do it.
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