ToS (Terms of Service)
IMPORTANT NOTICE: *All Payments To Word Associates, Inc. Are Non-Refundable*
Word Associates, Inc. ("The Company") agrees to furnish services to the Subscriber, subject to the
following TOS (Terms of Service).
Use of Word Associates Service constitutes acceptance and agreement to Word Associates' AUP as
well as Word Associates' TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Word Associates, Inc.
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 Alabama,
county of Shelby applicable to contracts enforceable in that state. Venue will be Shelby County,
Alabama
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 Word Associates, Inc. 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 month's service. The above applies to all accounts and services provided by
Word Associates, Inc.
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 30 days past due.
Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not
paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Word
Associates, Inc. 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 Word Associates, Inc. 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 Word Associates sole
discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to
pay Word Associates, Inc. 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 Word
Associates, Inc. Attn: Cancellations, Suite #A 2481 Valleydale Rd, Birmingham, AL.
35244 or you may call 205-823-5915 or fax the cancellation request to 205-985-9811.
You must have all account information to cancel.
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 Word Associates, Inc. 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 Word Associates, Inc.. 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 Word Associates, Inc.. 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: Word Associates, Inc. provides 24 x 7 technical support to our
subscribers (except for few holidays and short company meetings when we close our
office.) We limit our technical support to our area of expertise. The following is our
guidelines when providing support: Word Associates, Inc. provides support related to
your account. Word Associates, Inc. does not offer tech support for application specific
issues such as cgi programming, html or any other such issue. Word Associates, Inc. does
not provide technical support for YOUR customers. If you can email, we encourage you
to email support@word-associates.com for assistance. 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): Word Associates, Inc. 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 Word Associates, Inc. may not use
or permit others to use our network to transact in UCE. Customers of Word Associates,
Inc. 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 Word Associates, Inc. SPAM policy will result in severe penalties. Upon
notification of an alleged violation of our SPAM policy, Word Associates, Inc. will
initiate an immediate investigation (within 48 hours of notification). During the
investigation, Word Associates, Inc. may restrict customer access to the network
to prevent further violations. If a customer is found to be in violation of our SPAM
policy, Word Associates, Inc. may, at its sole discretion, restrict, suspend or
terminate customer's account. Further, Word Associates, Inc. reserves the right to
pursue civil remedies for any costs associated with the investigation of a
substantiated policy violation. Word Associates, Inc. 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 Word Associates, Inc. personnel must spend to investigate the matter.
PLEASE, DO NOT SPAM from your account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on our server(s)
that support spammers or cause any of our IP space to be listed in any of the various
Spam Databases will have their service immediately removed from our network. The
service will not be reconnected until such time that you agree to remove ANY and ALL
traces of the offending material immediately upon reconnection and agree to allow us
access to confirm that all material has been COMPLETELY removed. Severe violations
may result in immediate and permanent removal of the service from our network without
notice to the customer. Any customer guilty of a second violation WILL be immediately
and permanently removed from our network without notice.
Network
IP Address Ownership: If Word Associates, Inc. assigns Customer an Internet
Protocol address for Customer's use, the right to use that Internet Protocol address
shall belong only to Word Associates, Inc. and Customer shall have no right to use
that Internet Protocol address except as permitted by Word Associates, Inc. in its
sole discretion in connection with the Services, during the term of this Agreement.
Word Associates, Inc. shall maintain and control ownership of all Internet Protocol
numbers and addresses that may be assigned to Customer by Word Associates,
Inc. and Word Associates, Inc. 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 ARIN's new policies. ARIN is the American Registry for Internet Numbers.
ARIN's 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"). Word Associates, Inc. will monitor
Customer's bandwidth and disk usage. Word Associates, Inc. shall have the right to
take corrective action if Customer's 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 Word Associates, Inc. sole and
absolute discretion. If Word Associates, Inc. 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, Word
Associates, Inc. may, at its sole discretion, collect a deposit, in an amount determined by Word Associates, Inc. against customer's credit card on file with
Word Associates, Inc.
System and Network Security: Users are prohibited from violating or attempting to
violate the security of the Word Associates, Inc. Network. Violations of system or
network security may result in civil or criminal liability. Word Associates, Inc. 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:
Word Associates, Inc. is under no duty to look at each customer's or user's 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 Word Associates, Inc. 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 Word Associates, Inc. discretion to a
temporary suspension pending a User's agreement in writing, to refrain from any
further violations.
Second Violation: Users that Word Associates, Inc. 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. In particular, if open relays are on your network or a
customer's network, or if denial of service attacks are originating from your
network. In certain rare cases, we may have to do this before attempting to contact
you. If we do this, we will contact you as soon as is feasible.
Suspension of Service or Cancellation: Word Associates, Inc. reserves the right to suspend
network access to any customer if in the judgment of the Word Associates, Inc. network
administrators the customer's server is the source or target of the violation of any of the
other terms of the AUP or for any other reason which Word Associates, Inc. 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 customer's machines were suspended.
Word Associates, Inc. reserves the right to amend its policies at any time. All web hosting
clients of Word Associates, Inc. must adhere to the above policies. Failure to follow any
term or condition will be grounds for immediate Cancellation.
Indemnification: Word Associates, Inc. wishes to emphasize that in agreeing to the Word
Associates, Inc. Acceptable Use Policy (AUP) and Terms of Service (ToS), customer
indemnifies Word Associates, Inc. for any violation of the Acceptable Use Policy (AUP)
and Terms of Service (ToS) that results in loss to Word Associates, Inc. or the bringing of
any claim against Word Associates, Inc. by any third-party. This means that if Word
Associates, Inc. is sued because of a customer's or a customer of a customer's activity, the
customer will pay any damages awarded against Word Associates, Inc. plus all costs and
attorney's fees.
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.
Word Associates, Inc. takes no responsibility for any material input by others and not
posted to the Word Associates, Inc. Network by Word Associates, Inc.. Word
Associates, Inc. is not responsible for the content of any other websites linked to
the Word Associates, Inc. Network; links are provided as Internet navigation tools
only. Word Associates, Inc. disclaims any responsibility for any such inappropriate
use and any liability to any person or party for any other person or party's violation
of this policy.
Word Associates, Inc. is not responsible for any damages your business may suffer.
Word Associates, Inc. does not make implied or written warranties for any of our
services. Word Associates, Inc. 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 Word Associates,
Inc..
It is absolutely forbidden to host pornographic content or IRC servers on our servers.
Web Hosting Accounts found hosting this material will be subject to immediate
cancellation without a refund.
Responsability for Content: You, as a Word Associates, Inc. customer, are solely responsible
for the content stored on and served by our servers.
*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 company's 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.