1. Account Password Security & Requirements
You may receive a password and account designation upon setting up a Effect Web Media Web Hosting Account. You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password or account. You agree to:
(a) immediately notify Effect Web Media, Inc. of any unauthorized use of your password or account or any other breach of security
(b) ensure that you exit from your account at the end of each session.
Effect Web Media will not be held liable for loss of data due to a users negligent storage of credentials, open sessions, failure to notify us of a breach in a suitable and timely manner, or public disclosure of any private documents containing sensitive data. Please remember this web space is to be used solely for the storage of website data and other public documents.
2. Effect Web Media Hosting Account Conduct Requirements
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you and not Effect Web Media, Inc. will accept any liabilities as a result of your actions. If Effect Web Media, Inc. is informed of any such illegal activities by an authority, both legal, and divisional, we will co-operate with requests fully, including releasing your personal information to them.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a Effect Web Media, Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; "stalk" or otherwise harass another; or collect or store personal data about other users.You acknowledge that Effect Web Media, Inc. may pre-screen Content at its discretion, but that Effect Web Media, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Effect Web Media, Inc. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Effect Web Media, Inc. or submitted to Effect Web Media, Inc., including without limitation information in Effect Web Media, Inc. Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that Effect Web Media, Inc. may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Effect Web Media, Inc., its users and the public.
You acknowledge, consent and agree that in event that you break any of these terms and rules, Effect Web Media may terminate your account immediately and you forfeit your any payments made to us. You will not receive a refund in this event.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Effect Web Media, Inc. and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
3. Effect Web Media Reserved Rights
Effect Web Media, Inc. takes any kind of account misconduct as a matter of severity, and in the event you break or violate any part of this TOS, we reserve the right to terminate your account with notice of 24 hours via email/telephone if possible, or without notice in what we consider severe cases. Effect Web Media, Inc. reserves the right to suspend access to your account for failure of payment, violation of the TOS agreement with us, or any other scenario not contained within this TOS agreement. Web Hosting accounts that are suspended are subject to a $50 activation fee. Effect Web Media, Inc. reserves the right to invoke fees on clients/entities who cause damage to our network or hardware, either in a direct, or indirect manner. This includes, but is not limited to uploading infected files to our network, using services such as SSH for purposes other than your websites administration ( this covers bots, IRC Daemons, resource intensive scripts, work/time to correct these damages, etc ), abusing services or security holes running on any of our servers, and any other considered security breaches. Effect Web Media, Inc. reserves the right to modify and enforce our Terms of Service agreement without prior notice, however, will make efforts where possible to inform existing customers within 48 hours of the changes being enforced. Effect Web Media, Inc. will not accept responsibly for loss of data, information, content, or income as a result of downtime, security breaches, and does not guarantee absolute security of information held on our web servers or network. Effect Web Media, Inc. provides customers with a backup control panel, and it your sole responsibility to backup your data in case of any service level failure, which may also include the decommissioning of servers or services active on the Effect Web Media, Inc. network.
4. Your Right To Cancel
Under our current Terms of Service, you have the right to cancel you account at anytime. Refunds will be offered at the discretion of the Effect Web Media, Inc. Administration, and decisions based on valid reasons for canceling. This is to prevent abuse of our refund policies. Any refunds will be subject to the forfeit of Paypal's administration fee, setup fees, pro-rated fees, and then the difference refunded to your account.
5. Late Service Payments
Late payments will now be subject to a re-connection charge of $50.00. Accounts will be suspended if payment has not been received on the due date. If you anticipate a problem with payment for a particular month, please contact us to prevent loss of service, or account removal.
Company:______________________________________________________________________________________
Authorized Representative:_______________________________________________________________________
Domain Name:__________________________________________________________________________________
Sign:___________________________________________________________ Date:__________________________
Fax to: (574) 534.8170
-OR-
Mail to:
Effect Web Media
109 West Washington Street
Goshen, IN 46526