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Web Hosting Terms and Conditions

Webtong Inc. provides Web hosting to many clients, and has a responsibility to protect each client and to provide the best services available. The following guidelines will safeguard our hosting services and the terms and conditions are standard industry practices.

(A) Services and Website Content:

By establishing a hosting account, Webtong Inc. (the "Host") and the the Client agree to the terms and conditions stated here.

Host will provide the Client with services for hosting of a site on the World Wide Web portion of the Internet (the "client website") under the Hosting Plan, as specified on the website www.webtong.com and selected by the Client. Except as expressly provided otherwise, Client agrees that Host is responsible only for providing the hosting services listed under the Hosting Plan and Host is not responsible for providing any services or performing any tasks not specifically set forth in the Hosting Plan.

The content of the client website (the "Client Content") is the responsibility of the Client. All services provided by the Host may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material Host judges to be threatening or obscene, or material protected by trade secret and other statute.

Client Content shall not include, infer, or link to pornography or sex-related merchandising.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Webtong Inc. servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

* Pirated software * Hacker programs or archives * Warez sites

Webtong Inc. will be the sole arbiter as to what constitutes a violation of these provisions.

(B) Website Updates and Traffic

As part of the hosting services, Host shall provide Client with a system and the necessary software (the "control panel") to allow Client to make revisions, updates, deletions, enhancements, or modifications (the "Updates") to the hosted site. The control panel can be used from any computer connected to the Internet via a Web browser. Access to the control panel is password protected. The control panel is accessible any time, 24 hours a day, 7 days a week, provided that Client is not in default of its payment obligations hereunder.

All Hosting Plans come with a predetermined amount of traffic allowance. The traffic on your account is monitored and you will be charged $10.00 for each gig of traffic exceeded. This amount is not prorated.

(C) No Commercial Advertising - Email:

Spamming, or the sending of unsolicited email, from a server, using an email address or through a domain, maintained on a Webtong Inc. hosted account, is prohibited. Webtong Inc. will be the sole arbiter as to what constitutes a violation of this provision.

(D) No Chat Rooms:

Host does not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.

(E) Continuously Running Background Programs

No background programs are allowed unless specific arrangements have been made with Webtong Inc. to allow such programs. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

(F) No IRC:

Host currently does not allow IRC or IRC bots to be operated on our servers.

(G) Server Abuse:

Any attempt to undermine or cause harm to a server or customer, used for hosting by Webtong Inc., is strictly prohibited.

(H) BILLING:

Recurring Billing: Host DOES NOT send out invoices. Hosting charges due are billed to the Client's credit card automatically every month. It is the Client's responsibility to ensure that they have sufficient credit to cover this transaction. If the charge cannot be made to your card for any reason, as a courtesy, Host will send an email notification at which point Host will need to be provided with another credit card within 24 hours. If Host does not receive a response within 24 hours the account will be deactivated.

(I) Account Deactivations:

Any account deactivated due to non-payment can be reactivated. Host requires a reactivation fee of $80.00 to be paid prior to reactivating the account.

(J) 30-Day Money Back Guarantee/Refunds:

Regular Hosting Clients - Should you become unsatisfied with our services within the first 30 days of your account activation, Webtong Inc. will refund your hosting fee.

(K) Cancellation Refunds:

Host DO NOT refund partial monthly fees to Client canceling after the 30 day initial account activation period. Therefore, only full monthly fees remaining on an account will be refunded.

(L) REFUSAL OF SERVICE:

Webtong Inc. reserves the right to refuse, cancel, or suspend service at its sole discretion.

(M) LIMITATION OF LIABILITY:

HOST SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, ALTERATION, THEFT, OR DESTRUCTION. OF THE WEB SITE, CLIENT'S DATA FILES, PROGRAMS, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. HOST SHALL HAVE NO LIABILITY WITH RESPECT TO HOST'S OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF HOST TO CLIENT FOR ANY REASON, AND UPON ANY CAUSE OF ACTION, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO HOST BY CLIENT UNDER THIS AGREEMENT DURING THE ONE MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THE LIMITATION APPLIES TO ALL CAUSES OF ACTION ON THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.

(N) DISCLAIMER:

Webtong Inc. cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits which a Client would have gained if their site was functioning. Certain services provided by Webtong Inc. may be supplied by providers. Thus, certain equipment, routing, software, and programming used by Webtong Inc. are not directly owned or written by Webtong Inc. Moreover, Webtong Inc. holds no responsibility for the use of our Client's accounts. If any terms or conditions are not followed, the account in question will be automatically deactivated. The Host reserves the right to remove any account without advance notice for any reason without restitution as Webtong Inc. sees fit.

(O) ACCOUNT ACTIVATION AND TERMINATION:

By activating your account with Webtong Inc., you agree to the above policies, terms, conditions, and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

NOTICE: Web viewers may report violations of these Policies to abuse@webtong.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Violation of these terms and conditions can result in immediate termination of Hosting Services without refund. Host, however, may choose to inform a Client by email or phone before any action is taken.

FURTHERMORE, Webtong Inc. retains the right to change any or all of the above policies, guidelines, terms, conditions, and disclaimer without notification. We also retain the right to increase any pricing, and make changes to our hosting service plans without notice.

Either Client or Host may terminate the Hosting Services and the account by written or confirmed email notification. Upon any termination or expiration of an account, Client shall pay all outstanding fees through the effective date of the termination.

(P) License and Proprietary Rights

Proprietary Rights of Client

As between Client and Host, Client Content shall remain the sole and exclusive property of Client, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights. Except as provided in this Section P, nothing in these terms and conditions shall be construed to grant Host any ownership right in, or license to, the Client Content provided by Client to Host. Client hereby grants to Host a non-exclusive, worldwide, royalty-free license for the Initial Term and any Renewal Term (as those terms are hereinafter defined) to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use Client Content as necessary to render the Hosting Services to Client.

Proprietary Rights of Host

All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by Host or its suppliers under these terms and conditions, and any know-how, methodologies, equipment, or processes used by Host to provide the Services to Client, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto (collectively "Host Materials") shall remain the sole and exclusive property of Host or its suppliers. To the extent, if any, that ownership of the Host Materials does not automatically vest in Host by virtue of these terms and conditions or otherwise, Client hereby transfers and assigns to Host all rights, title and interest which Client may have in and to the Host Materials, Client acknowledges and agrees that Host is in the business of designing and hosting Web sites, and that Host shall have the right to provide to third parties services which are the same or similar to the Hosting Services, and to use or otherwise exploit any Host Materials in providing such services.

Confidentiality

Each party agrees that during the course of these terms and conditions, information that is confidential or proprietary may be disclosed to the other Party, including bur not limited to software, technical processes and formulas, source codes, product designs, sales, cost and other unpublished financial information, product and business plans, advertising revenues, usage rates, advertising relationships, projections, and marketing data ("Confidential Information"). Confidential Information shall not include information that the receiving Party can demonstrate (a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than the receiving Party, (b) was known to the receiving Party as of the time of its disclosure, (c) is independently developed by the receiving Party, or (d) is subsequently learned from the third party not under a confidentiality obligation to the providing Party. Except as provided for in these terms and conditions, each Party shall not make any disclosure of the Confidential Information to anyone other than its employees who have a need to know ion connection with these terms and conditions. Each party shall notify its employees of their confidentiality obligations with respect to the Confidential Information and shall require its employees to comply with these obligations. The confidentiality obligation of each Party and its employees shall survive the expiration or termination of the Hosting Services account.

(Q) Indemnification

Client

Client agrees to indemnify, defend, and hold harmless Host, its directors, officers, employees and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that such action is based upon a claim that: (I) if true, would constitute a breach of any of Client's representations, warranties, or agreements hereunder; (ii) arises out of the negligence or willful misconduct of Client; or (iii) any of the Client Content to be provided by Client hereunder or other material on the Web Site infringes or violates any rights of third parties, including without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets, and/or licenses.

Host

Host agrees to indemnify, defend, and hold harmless Client, its directors, officers, employees and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that such action arises out of the gross negligence or willful misconduct of Host.

(R) Miscellaneous

Cooperation

The Host and Client acknowledge and agree that successful completion of the Hosting Services shall require the full and mutual good faith cooperation of each of the Parties.

Independent Contractors

Host and its personnel, in performance of these terms and conditions, are acting as independent contractors and not employees or agents of Client.

Client Identification

Host may use the name of and identify Client as a business client, in advertising, publicity, or similar materials distributed or displayed to prospective clients.

Force Majeure

Except for the payment of fees by Client, if the performance of any part of these terms and conditions by either Party is prevented, hindered, delayed or otherwise made impractical by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either Party, that Party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

Ohio Law

These terms and conditions shall be governed in all respects by the laws of the State of Ohio without regard to its conflict of laws provisions, and Client and Host agree that the sole venue and jurisdiction for disputes arising from these terms and conditions shall be the appropriate state or federal court located in the County of Summit, State of Ohio, and Client and Host hereby submit to the jurisdiction of such courts.

Assignment

Client shall not assign, without the prior written consent of Host, its rights, duties or obligations under these terms and conditions to any person or entity, in whole or in part, whether by assignment, merger, transfer of assets, sale of stock, operation of law or otherwise, and any attempt to do so shall be deemed a material breach of these terms and conditions.

http://www.webtong.com/services/hostingPolicy.html