Web Results, Inc. Terms of Service and Acceptable Use Policy (the "Policy")

Web Results, Inc. Terms of Service and Acceptable Use Policy (the “Policy”)

Web Results, Inc.’s Terms of Service & Acceptable Use Policy (the “Policy”) for Web Results, Inc. Products and Services is designed to help protect Web Results, Inc., Web Results, Inc.’s customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Web Results, Inc. Web Results, Inc. reserves the right to modify the Policy at any time, effective upon posting at http://webresultsinc.com/terms-of-services/. A customer’s use of Web Results, Inc.’s services after changes to the AUP are posted on Web Results, Inc.’s web site will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes. Furthermore Web Results, Inc.’s Liability shall be limited to one month of fees paid to Web Results, Inc.

Prohibited Uses of Web Results, Inc.’s Products and Services

Content

Web Results, Inc. cannot be held responsible for the content of pages hosted under our service. Web Results, Inc. does not review pages for content before they are posted and does not verify, endorse, or otherwise take responsibility for the content of any user-created pages. However, we reserve the right to remove any page from our servers, which we determine is violating our rules and guidelines. Users are solely responsible for all files contained in their own directory, and can be held legally liable for the contents of their Web site.

• Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, adult, defamatory, constitutes an illegal threat, or violates export control laws.
• Additionally you should be aware that the transit of material into, or through, other countries may be required to comply with the law in that country. In some cases this may include the transmission of encrypted messages.
• The Customer acknowledges that Web Results, Inc. is unable to exercise control over the content of the information passing over the Web Results, Inc. network. Therefore Web Results, Inc. is not responsible for the content of any message whether or not the posting was made by a Web Results, Inc. customer.

Network Usage

• Knowingly engage in any activities that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any Web Results, Inc. customers or end-users whether on the Web Results, Inc. network or on another provider’s network.
• Using Web Results, Inc.’s Services to interfere with the use of the Web Results, Inc. network by other customers or authorized users.
• The Web Results, Inc. network may be used by the Customer to link into other networks worldwide and the Customer agrees to conform to the acceptable use policies of these networks.
• In addition the Customer undertakes to conform to the Internet protocols and standards.The customer may not circumvent user authentication or security of any host, network, or account (referred to as “cracking” or “hacking”), nor interfere with service to any user, host, or network (referred to as “denial of service attacks”).
• Without prejudice to the foregoing, Web Results, Inc. considers that any application that overloads the network by whatever means will be considered as making profligate use of the network and is as such NOT allowed. Use of IP multicast other than by means provided and coordinated by Web Results, Inc. is likewise prohibited.
• Customers who violate systems or network security may incur criminal or civil liability. Web Results, Inc. will fully cooperate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement authorities.
• Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
• Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Web Results, Inc. customers or end-users by any means or device.

Electronic Communication

• Customers are forbidden to send e-mail to any person who does not wish to receive it (non opt-in). It is explicitly prohibited to send unsolicited bulk mail messages (“junk mail” or “spam”) of any kind (commercial advertising, political tracts, announcements,…) or to post the same or similar messages to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as “USENET spam”).
• Unauthorized use, or forging, of mail header information (e.g. “spoofing”).
• Customers may not forward or propagate chain letters, nor malicious e-mail.
• These rules apply to any Internet based distribution medium and any application using the Internet as well (e.g. usenet news, fax-like documents over the Internet).
• A customer may not solicit mail for any other address other than that of the customer, except with full consent of the owner of the referred address.
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes, but is not limited to, the facilitation of the means to send e-mail spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software.
• Sending email designed to damage the target system when executed or opened; for example, sending malicious programs or viruses attached to an email.
• Sending email which is designed to cause confusion, consternation, fear, uncertainty, or doubt, such as fake virus warnings.
• You must never subscribe anyone other than yourself to a mailing list.
• Maintaining an open mail (SMTP) relay.

Mailing List Subscriptions/Commercial/Opt-in E-mail

Web Results, Inc. recognizes and encourages the role of the Internet as a valuable medium for responsible advertising and marketing of commercial goods and services. Internet Direct Marketing Companies which provide Mailing List Subscriptions/Commercial/Opt-in E-mail services for third parties must comply with the following guidelines:

• Double opt-in subscription process is strongly encouraged.
• Recipients must be informed of how to correctly and easily remove themselves (opt-out) from a mailing list in the event that they alter or change email addresses, or wish to no longer receive mailings.
• Always remind people that they have opted in to your list.
• Customer must maintain a simple to use opt-out process.
• Opt-outs must be single opt-out, preferably a one-click http link embedded in the message.
• Customer must maintain a master opt-out list that is applied to all mailings.
• Customer must respond professionally and courteously to all complaints.
• Customer must respond to all complaints promptly.
• If you do not already have a procedure for handling complaints, you should create one.
• Customer must maintain and be able to produce the following opt-in record information on demand: date, time, subscriber opt-in IP address, referrer site name or URL.
• When a complaint is received, Web Results, Inc. has the discretion to determine from all of the available evidence whether the email recipients were from a legitimate “opt-in” email list and take appropriate action in accordance with this policy.
• An acceptable marketing database error rate not to exceed 0.000001 % of total subscribers.
• Additional mailings sent after twenty four hours of a recipient opting-out may result in a fine, temporary disconnection, or termination of service.

Expectation of Privacy

No Expectation of Privacy. You should be aware that, although privacy issues are very important to us, given the current regulatory and technical environment, you should not have an expectation of privacy in your use of any service, your account or any information associated with it. We cannot ensure that all private communications will remain private. We encourage customers to employ technical privacy solutions such as VPNs and e-mail encryption as warranted. Further, we reserve the right to periodically monitor our customers’ network connections, equipment (including, without limitation, any customer premise equipment in support of service), and network traffic, and to gather information based on such monitoring, and to take such other actions as Web Results, Inc. shall solely determine to be necessary for the purpose of ensuring network security and performance.

Responsibility

Each Web Results, Inc. customer is responsible for the activities of its customer base/representatives or end-users and, by accepting service from Web Results, Inc., is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a Web Results, Inc. customer will be forwarded to the Web Results, Inc. customer’s postmaster for action. If violations of the Web Results, Inc. Acceptable Use Policy occur, Web Results, Inc. reserves the right to terminate services with or take action to stop the offending customer from violating Web Results, Inc.’s TOS/AUP as Web Results, Inc. deems appropriate, without notice. Web Results, Inc. at its discretion, may implement technical mechanisms to prevent a Prohibited Activity.

If an abuse complaint is received Web Results, Inc. reserves the right to request information from the customer in order to investigate complaint. Failure to provide the requested information within 48 hours of the request may be grounds for temporary disconnection of service until the requested evidence is produced.

Courtesy Services for Customers

All services such as backup, websiteOS, Cpanel and Plesk are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data. Web Results, Inc. is not responsible for lost data.

Limitation of Damages or Liability

Web Results, Inc. SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. Web Results, In. SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF Web Results, Inc. AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED IN ONE MONTH ON THE ACCOUNT. Web Results, Inc. PROVIDES ALL PRODUCTS AND SERVICES “AS IS”, WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND Web Results, Inc. SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.

Governing Law

This Agreement will be interpreted and enforced in accordance with the laws of the State of Florida and Broward County Florida and the federal laws of the United States of America applicable therein. The venue for any litigation to enforce this agreement shall be the county of Broward and the state of Florida.

Termination

Web Results, Inc. may terminate user accounts at any time, without notice, for conduct that violates these guidelines or for ANY other reason. Web Results, Inc. may terminate user accounts and delete any and all user information for conduct that Web Results, Inc. believes is harmful to the business of Web Results, Inc.Web Results, Inc. or to any of its users or partners. Web sites found violating these items may be subject to immediate deletion and removal from our servers, and their Webmasters subject to banishment from the Web Results, Inc. network.

The Services are provided on a fixed term basis. Either party may at any time terminate this Agreement, prior to the Termination Date, provided that Web Results, Inc. will provide the Services until the Termination Date. No credits or refunds shall be provided to you for the value of the Services between the date that you notify Web Results, Inc. that you no longer wish to receive the Services and the Termination Date.

Notice of Termination. You must provide Web Results, Inc. with notice of termination in writing by-mail or (from the email account on file with our billing system).  Any notice of termination will be effective thirty (3) days following Web Results, Inc.\\\’s receipt thereof.