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Policies and Terms Of Use

WEB PRIME'S WEB HOSTING AGREEMENT

1.USER CONDUCT:
Web Prime Hosting, ("Web Prime") prohibits the use of its web hosting services for any unlawful purposes which includes, but is not limited to,

  • the posting or transmission of any data that violates any state, federal or international laws,
  • data which is threatening, obscene or defamatory,
  • any data which is the property of a third party and is protected by copyright, trade secret, intellectual property patent laws or export control laws.

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2. INDEMNIFICATION:
You hereby agree to indemnify, defend, and hold harmless Web Prime from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Web Prime, or any other party or parties without limitation or exception.

3. REFUSAL OR DISCONTINUANCE OF SERVICE
You hereby agree that any termination or refusal shall not constitute a breach of contract, or be used as the basis for any other claims, financial or otherwise against Web Prime by you, and you agree to indemnify and hold Web Prime harmless from any claims by third parties resulting from your use of our web hosting services.

Web Prime may elect at its sole discretion to monitor some, all or none of your web activities for adherence to this agreement. At all times, Web Prime reserves the right to terminate this agreement, and refuse providing further service to anyone it determines is in violation or may violate any law.

4. DATA ENCRYPTION
Although Web Prime provides encrypted data its secure servers via industry standard methods, Web Prime assumes no responsibility for the effectiveness of any encrypted data, nor will Web Prime guarantee that an encryption algorithm will be indecipherable, and data visibly transmitted. Web Prime makes no claims or warranties regarding the viability, integrity or invincibility of the encryption used, nor will Web Prime accept responsibility for the success or failure of the secure server to properly encrypt data. Therefore by using Web Prime's secure server and being charged for its use, you assume any risks that the encryption may be decipherable.

5. NOT TRANSFERABLE
You agree that the Web Prime web hosting service is not transferable. You acknowledge that Web Prime shall immediately terminate your account without notice if you transfer, or attempt to transfer your service.

6. ECPA NOTICE
Web Prime reserves the right to monitor any and all communications through or with our facilities. You agree that Web Prime is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

7. ACCOUNTING:
Web Prime's billing cycle commences when you receive e-mail confirmation that your website has become available for access over the Internet. The first month is payable in advance including any set up fees. Thereafter, payment shall be due within thirty (30) days from the data of invoice. All customers have 15 days to pay their accounts BEFORE their accounts become due. Start-up accounts commencing after the first of the month shall be billed on a prorated basis. Accounts are considered delinquent if not paid by the due date and web access to the account will be blocked immediately and the content will be deleted after 30 days. Any such termination or interruption does not relieve you from paying the overdue amount plus any interest, and in the event of collection enforcement, you shall be liable for any costs associated with such collection, including legal costs, attorney fees, court costs, or collection agency fees. Any returned checks due to insufficient funds and charge backs are subject to a $25.00 fee, and will place your account in default and sercuce will be terminated immediately

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8. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply Web Prime with correct information for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

9. CONFIDENTIALITY OF PASSWORD
You are responsible for maintaining the confidentiality of your password and are liable for any harm from disclosing or allowing disclosure of any password or from use by any person of your password to gain access to your account.

10. BACKUP OF DATA
You are responsible for backing-up your data, files, e-mail and other information that Web Prime holds in computer storage. However, Web Prime shall take reasonable measures to protect such information, and to undertake measures to protect such information from viruses. Web Prime reserves the right to extirpate, delete, and obliterate all of your data, files, e-mail and other information that Web Prime holds in computer storage once your account has been terminated, for any reason, by either party.

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11. NO WARRANTIES
Web Prime provides the services "as is" without warranty of any kind. In the event that Web Prime provides you with products in conjunction with other services, Web Prime also provides those products "as is" without warranty of any kind, whether express or implied. Web Prime disclaims all implied warranties, including the implied warranties of merchantability or fitness for a particular purpose. In no event shall Web Prime be liable for any direct, consequential, loss of profit, special, exemplary or punitive damages, even if Web Prime has been advised of the possibility of such damages, that you incur from the usage of information obtained over the Internet. Notwithstanding anything here to the contrary, Web Prime shall not be liable for any claim brought by Reseller for any amounts in excess of the aggregate of the amounts paid by Reseller or Reseller's customers during the 12 month period prior to the date the cause of action arose.

Note: 99% uptime guarantee does not apply to natural disasters or provider problems.

12. DAMAGE OR LOSS OF INCOME OR PROFITS
Web Prime will not be held liable for any damages or loss of income or profits resulting from:

  1. The use of its service by you or a third party;
  2. Service interruptions caused by its own negligence, or your negligence, or any other errors or omissions;
  3. Service interruptions caused by acts of nature, or power or line failures; or
  4. Any loss of data/files, caused by delays, non-deliveries or wrong deliveries.

Web Prime is not responsible for the content, accuracy or quality of information obtained through its service, or information hosted on its web servers.

13. PRIOR AGREEMENTS
This Agreement supersedes all previous representations, understanding or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.

14. APPLICABLE LAW, JURISDICTION, AND SERVICE
This agreement shall be governed by the laws of the Commonwealth of Canada and the United States of America.

If any part of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of the Agreement will not be affected or impaired in any way.


Web Prime reserves the right to modify these policies at any time. All clients will be notified of such changes before they take effect.

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