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Use Policy
Acceptable Use Policy:
This agreement represents the complete
agreement and understanding between Business Masters (Also Known as Webula) and the
account holder (hereinafter called Customer) and supersedes any other written or
oral agreement. Upon notice published on-line via Business Masters (Also Known
as Webula)
services, Business Masters (Also Known as Webula) may modify these terms and
conditions, amplify them, and/or modify the prices, as well as discontinue or
change services offered.
If you do not agree to these terms and conditions, please notify our Billing
Department at 1-248-724-3300 so we can initiate a closure of your
account. USE OF YOUR ACCOUNT shall constitute your approval.
1. Business Masters (Also
Known as Webula)
makes no warranties of any kind, whether expressed or implied, for the service
it is providing. Business Masters (Also Known as Webula) also disclaims any
warranty of merchantability or fitness for a particular purpose. Business
Masters (Also Known as Webula) will not be responsible for damages the customer
suffers. This includes loss of data resulting from delays, non-deliveries,
miss-deliveries, or service interruptions caused by its own negligence,
subscriber's errors or omissions, or due to the fault of third parties.
2. Services provided to the
Customer by Business Masters (Also Known as Webula) may only be used for lawful
purposes. Transmission or publication of any information, data or material in
violation of any U.S. Federal or state regulation or law is prohibited. This
includes, but is not limited to, material protected by copyright, trade secret
or any other statute, threatening material or obscene material. Business Masters
(Also Known as Webula) reserves the right to remove any and all materials, which
infringe on copyright work. Such materials will be removed at any time upon
receiving a complaint and or notice of copyright infringement.
3. Customer agrees to defend,
hold harmless and expeditiously indemnify Business Masters (Also Known as Webula)
from any liability, claim, loss, damage or expense arising out of the
indemnifying party's breach or violation of any covenant contained in this
Policy and resulting from the Customer's use of the service.
4. Business Masters (Also
Known as Webula)
accounts cannot be transferred or used by anyone other than the subscriber.
Customers may not sell, lease, rent or assign the connection or parts of the
connection to any party not named in this Policy. Customer may allow ftp access
to its server and host web sites for its customers without violating this
Policy. Network bandwidth charges in excess of allocated amount will be assessed
from access log reports generated by the HTTPD server.
5. Business Masters (Also
Known as Webula)
reserves the right to cancel service for any reason without prior notice. In
case of cancellation, unused fees may be returned to the subscriber on a
pro-rata basis. Fees for setup and the first month's service are not refundable.
6. If a customer re-registers
after Business Masters (Also Known as Webula) 's cancellation of the account
without Business Masters (Also Known as Webula) 's written consent,
Business Masters (Also Known as Webula) L.L.C. will cancel Customer's account and all dues and fees
paid to date regardless of whether service has been rendered will be forfeited.
Additionally, any amounts due will be immediately payable.
7. Setup fees are not
refundable.
8.
Additionally, CUSTOMER agrees not to utilize the Business Masters (Also Known as
Webula)
service, equipment or email address in connection with the transmission of the
same or substantially similar unsolicited message to 50 or more recipients or
eight or more newsgroups in a single day. CUSTOMERS responsible for violating
this clause of the Business Masters (Also Known as Webula) Acceptable Use Policy
will be fined $200 per message. Payment by CUSTOMER under this provision shall
not prevent Business Masters (Also Known as Webula) from seeking other legal remedies
against CUSTOMER.
9. Customer
agrees not to transmit, promote, or otherwise make available any software,
product or service that is either illegal or designed to violate this Agreement.
Such software, products or services include, but are not limited to, programs
designed to send unsolicited advertisements (i.e. "spamware") and services,
which send unsolicited advertisements.
10.
It is the CUSTOMER’S responsibility to back up their web site and mail
regularly. The service like any other computer based program/ hardware is
prone to failure.
11. Business
Masters (Also Known as Webula) requires that its agreements be made with a
person who is qualified to contract. As such, subscriber must be over the age of
eighteen (18) years. Otherwise, a parent or guardian must accept this agreement
and enclose the proper payment. Business Masters (Also Known as Webula) cannot
accept payments from persons who are not at least eighteen (18) years of age,
nor can we accept agreements from persons who are not at least eighteen (18)
years of age.
12. Customer
shall ensure that its use of Business Masters (Also Known as Webula) 's network
services shall not disrupt Business Masters (Also Known as Webula) , its
associated networks or equipment forming part of the systems. In instances in
which an excessive amount of system resources are utilized by a subscriber,
Business Masters (Also Known as Webula) reserves the right to place CPU process
limits on the Customer's account to prevent disruption of service to other
customers. Customers shall not transmit any communication where the meaning of
the message, or its transmission or distribution, would violate any applicable
law or regulation or would likely be offensive to the recipient thereof. No
message may be mass distributed, "broadcast," or otherwise sent on an intrusive
basis to any Business Masters (Also Known as Webula) user or to any directly or
indirectly attached network. Use of Business Masters (Also Known as Webula) 's
connection in a manner that is disruptive, damaging, unlawful, offensive, or
intrusive as determined by Business Masters (Also Known as Webula) shall be
considered a breach of this Policy and may result in cancellation of service
without reimbursement costs.
This prohibition extends to sending of unsolicited mass mailings from another
service which in any way implicates the use of Business Masters (Also Known as
Webula) 's
service, Business Masters (Also Known as Webula) 's equipment or any site hosted
on any Business Masters (Also Known as Webula) network.
13. Customer
warrants that any material submitted for publication on Business Masters (Also
Known as Webula) L.L.C. does not violate or infringe any copyright, trademark, patent,
statutory common law or proprietary interest of others or contain anything
obscene or libelous. Business Masters (Also Known as Webula) reserves the right
to remove any and all materials, which infringe on copyright work. Such
materials will be removed at any time upon receiving a complaint and or notice
of copyright infringement.
14.
If Business Masters (Also Known as Webula) becomes aware of material that could
be infringing on a third party's copyright, it will initiate an investigation.
To conduct an investigation of copyright infringement, the Complainant must
submit at least two items. First, Complainant must submit a claim in writing
with the applicable copyright or trademark registration number and a copy of the
underlying copyrighted work along with the Customer's materials. Second,
Complainant must offer a good faith certification signed under penalty of
perjury. This certification must state that the work is the property of the
Complainant, that the work has been copied and that use of the work is not
defensible. With this information in-hand, Business Masters (Also Known as
Webula) ,
at its discretion, may, at any time deny access to the challenged material of
Customer.
15. Use of
other organizations' networks or computing resources is subject to their
respective permission and usage policies.
16. For all
new domains, there is an initial InterNIC registration fee of $30.00,
$50.00 for the first two years and a start-up fee of $10.00 will apply.
Business Masters (Also Known as Webula) will automatically pay this fee as well
as all annual renewal fees of $30.00 to the InterNIC on your behalf while your
Business Masters (Also Known as Webula) account is active and current. These
fees will appear on your billing statement unless prior arrangements are made
with our customer service department.
17.
Use of Business Masters (Also Known as Webula) 's hosting services could involve
listing subscriber's participation in relevant directories, and subscriber
expressly grants permission for such listings.
18. Although
all hosting plans permit unlimited data transfer, each plan is subject to a
surcharge in the event usage exceeds the allotted free bandwidth for that plan.
Customer is responsible for charges related to bandwidth exceeding the plan's
allotted data transfer.
19. If you
believe that your work has been copied in a way that constitutes copyright
infringement by a Business Masters (Also Known as Webula) customer ("the
Customer"), you ("the Complaining Party") must first provide
Business Masters (Also Known as Webula) ’s Copyright Agent with the following information in writing
("the Notification"):
- An electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright interest that is allegedly infringed;
- A description of the
copyrighted work that you claim has been infringed; if multiple copyrighted
works at a single site are covered by a single notification, then include a
representative list of such works at that site;
- A description of where
the material that you claim is infringing is located on the site sufficient to
permit us to locate the allegedly infringing material;
- Your address, telephone
number, and email address;
- A statement that you
have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
- A statement by you, made
under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
Business Masters'
(Also Known as Webula)
Copyright Agent for Notice of claims of copyright infringement on its site is R.
L. Beauchamp, who can be reached as follows:
By
mail:
Business Masters (Also Known as Webula)
Copyright Agent
c/o Business Masters (Also Known as Webula) , Inc.
4048 Oak Tree Circle
Rochester, MI 48306
copyright@businessmasters.info
Upon receipt of the written
Notification containing the above information by the Complaining Party, and only
upon receiving such Notification, Business Masters (Also Known as Webula) will:
- Remove or disable access
to the material that is alleged to be infringing;
- Forward the written
notification to the alleged infringer ("the Customer");
- Take reasonable steps to
promptly notify the Customer that it has removed or disabled access to the
material.
In response, the Customer
may send a "Counter-Notification" to Business Masters (Also Known as Webula) L.L.C. .
To be effective, the Counter-Notification must be in writing and include the
following information:
- The Customer’s physical
or electronic signature;
- Identification of the
material that has been removed or to which access has been disabled and the
location at which the material appeared before it was removed or access to it
was disabled;
- A statement under
penalty of perjury that the Customer has a good faith belief that the material
was removed or disabled as a result of a mistake or misidentification of the
material to be removed or disabled;
- The Customer’s name,
address, and telephone number, and a statement that the Customer consents to
the jurisdiction of the Federal District Court in which the address is
located, or if the Customer is outside the United States, for any judicial
district in which Business Masters (Also Known as Webula) may be found, and
that the Customer will accept service of process from the person or his agent
who provided the original Notification.
Upon receipt of the written
Counter-Notification containing the above information by the Customer, and only
upon receiving such Counter-Notification, Business Masters (Also Known as Webula)
will:
- Provide the Complaining
Party with a copy of the Counter-Notification;
- Inform the Complaining
Party that it will replace the removed material or cease disabling access to
it within ten (10) business days;
- Replace the removed
material or cease disabling access to the material within ten (10) to fourteen
(14) business days following receipt of the Counter-Notification, provided
Business Masters (Also Known as Webula) L.L.C. ’s Copyright Agent has not received
notice from the Complaining Party that an action has been filed seeking a
court order to restrain the Customer from engaging in infringing activity
relating to the material referenced in the Notification.
20.
Any party seeking to report any other potential violations of this Agreement may
contact Business Masters (Also Known as Webula) via e-mail at
abuse@businessmasters.info.
21.
Transferring your domain to another provider does not constitute canceling your
Business Masters (Also Known as Webula) account. You must notify
Business Masters (Also Known as Webula) to formally cancel your account with
Business Masters (Also Known as Webula) to avoid further charges.
22. On
occasion, Business Masters (Also Known as Webula) may have a need to communicate
with its customers through e-mail issues related to billing, as well as changes,
additions and modifications to the network. It is the responsibility of the
customer to check e-mail sent to the primary login e-mail address on the
account.
23. It is
the responsibility of the customer to contact Business Masters (Also Known as
Webula)
of any changes to their account, such as phone number, address, credit card
information, etc. Customers will be required to provide verification for
security purposes authorizing them to make any changes to that account.
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