CAREFULLY READ THESE TERMS AND CONDITIONS AS THEY FORM A LEGAL AGREEMENT BETWEEN OWN WEB NOW CORP AND CUSTOMER (MEANING COMPANY OR AN INDIVIDUAL ENTERING INTO THIS AGREEEMENT ON BEHALF OF A COMPANY, CORPORATION, PARTNERSHIP, TRUST, UNINCORPORATED ORGANIZATION, GOVERNMENT OR ANY OTHER LEGAL ENTITY). YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND TO THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY AND ARE NOT A LEGAL REPRESENTATIVE OF YOUR COMPANY AND DO NOT ACCEPT THESE TERMS PLEASE DO NOT PROCEED WITH THE USE OF OWN WEB NOW CORP SERVICES.
IMPORTANT NOTICE: *All Payments To Own Web Now Corp Are Non-Refundable*.
Own Web Now Corp ("The Company") agrees to furnish services to the Customer, subject to the following TOS (Terms of Service).
If you (the Customer) do not agree to any of the terms of these agreements then you must close your browser and cease using any Own Web Now Corp services.
If you (the Customer) are an individual entering into this Agreement on behalf of a company, corporation, partnership, trust, unincorporated organization, government or any other legal entity, you represent and warrant that you have the authority to bind such company to these agreements. If you do not have such authority neither you nor such company may accept these agreements or use any of Own Web Now Corp services.
Use of Own Web Now Corp Service constitutes acceptance and agreement to Own Web Now Corp AUP.
All provisions of this contract are subject to the TOS (Terms of Service) of Own Web Now Corp 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 Florida, county of Orange applicable to contracts enforceable in that state. Venue will be Orange County, Florida.
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 agency that presents a court issued subpoena without further consent or notification to the Subscriber. In addition Own Web Now Corp 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 first (1st) of the month. Payment is only accepted in the form of credit card. The client's credit card will automatically be charged on the first of every month for the services that are active at that point in time.
Payments and Fees: If payment is not received by the third day of each month there will be a late fee of $10.00 added to the overdue amount. Service will be interrupted on accounts that reach 10 days past past due. Service interrupted for nonpayment is subject to a $25.00 reconnect charge. Accounts that are not collectable by Own Web Now Corp 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 no less than $50.00 and no more than $150.00. Account cancellations can only be made using the proper procedure to do this as outlined in this Terms of Service.
Non-Payment: In the event of non-payment Own Web Now Corp will make attempts to notify the client of the balance due via Support Portal ticket, phone call, email and if available, cell phone text message. In the event that the client does not make arrangement to pay the balance due, Own Web Now Corp reserves the right to terminate service and any contracts with third party service providers.
Refund and Disputes: All payments to Own Web Now Corp are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 90 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Own Web Now Corp's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Own Web Now Corp an "Administrative Fee" of no less than $50.00 and no more than $150.00.
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. Failure to pay for service is grounds for immediate termination of service or reassignment to the owner of the domain or trademark.
Account Cancellation: Customer may choose to cancel services with at least a 7 day notice. Billing is performed on 12:01 AM on the first (1st) of every month. All active accounts at that point in time will be billed for that month and are non-refundable. Cancellation requests must be submitted through the support portal at https://support.ownwebnow.com. The account will be cancelled as soon as we receive the request (you can't request it be turned off on a particular date/time) and are typically processed within 72 hours. Account cancellation may not affect total billable amount if the services are provided under a binding contract for a specific term (1 year contract, 2 year contract). If services are provided under a term contract the client is responsible for the payment of an early termination fee (ETF) or payments for the remainder of the contract term.
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.
New Domain Accounts: All new services 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 Own Web Now Corp on behalf of the account holder a handling fee will be incurred (fees vary depending on the desired TLD).
Transfer of Domains: New services which involve the transfer of a domain from another provider to Own Web Now Corp 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 Own Web Now Corp 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: Own Web Now Corp, provides 24/7 technical support to our Customers. Own Web Now Corp limits technical support to the services provided by Own Web Now Corp. The following are our guidelines when providing customer support:
- Own Web Now Corp provides support related to your virtual site physical functioning. Own Web Now Corp does not offer tech support for application specific issues such as cgi programming, html or any other such issue.
- Own Web Now Corp does not provide technical support regarding servers and services beyond Own Web Now Corp infrastructure.
- Own Web Now Corp provides troubleshooting assistance in terms of verifying Customers configuration, access credentials, permissions and proper setup of the services at Own Web Now Corp. If Own Web Now Corp cannot replicate the issues the Customer is experiencing no further technical support can be provided.
- Own Web Now Corp does not provide non-essential technical support beyond verifying the configuration and suggesting best practices. For example, Own Web Now Corp does not provide assistance with:
- Performance related issues involving Customers network
- Service branding or customization of Customer deployable software
- Customization of Customer deployed software
- Security audits or recommendation for proper secure rollout of Own Web Now Corp software and services
Support Availability: Unless otherwise agreed upon, Own Web Now Corp is available 24/7 via Own Web Now Corp support portal located at https://support.ownwebnow.com. While Own Web Now Corp has engineers available via phone, email and chat 24/7 their immediate availability to interact with the client via phone, email or chat may be limited due to the unforeseen circumstances beyond Own Web Now Corp control and their undivided attention may not be available exclusively on demand. In the event that Own Web Now Corp personnel is not available immediately and exclusively the Own Web Now Corp SLA establishes guaranteed response times for requests depending on urgency and severity.
SPAM and Unsolicited Commercial Email (UCE): Own Web Now Corp takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Customers of Own Web Now Corp may not use or permit others to use our network to transact in UCE. Customers of Own Web Now Corp 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 Own Web Now Corp's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Own Web Now Corp will initiate an immediate investigation (within 48 hours of notification). During the investigation, Own Web Now Corp may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Own Web Now Corp may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Own Web Now Corp reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Own Web Now Corp 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 $250.00 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500.00 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 $175.00 per hour that Own Web Now Corp personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
- As our Customers are ultimately responsible for the actions of their clients over the Own Web Now Corp network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
- Massive relays, mail bombing, marketing lists and other massive mailing list operations are strictly prohibited through ExchangeDefender outbound servers or any servers or services on the Own Web Now Corp network.
- IP Address Ownership: If Own Web Now Corp assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Own Web Now Corp, and Customer shall have no right to use that Internet Protocol address except as permitted by Own Web Now Corp in its sole discretion in connection with the Services, during the term of this Agreement. Own Web Now Corp shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Own Web Now Corp, and Own Web Now Corp 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. These new 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 gigabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Own Web Now Corp will monitor Customer's bandwidth and disk usage. Own Web Now Corp 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 Own Web Now Corp's sole and absolute discretion. If Own Web Now Corp 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, Own Web Now Corp may, at its sole discretion suspend the account or delete excess storage. Clients exceeding storage limitations or abusing shared storage services are not entitled to backups provided by the SLA.
- System and Network Security: Users are prohibited from violating or attempting to violate the security of the Own Web Now Corp Network. Violations of system or network security may result in civil or criminal liability. Own Web Now Corp 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:
- Own Web Now Corp 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 Own Web Now Corp determines to have violated any element of this Acceptable Use Policy, shall receive a support ticket notification from our support portal and optionally an email, warning them of the violation. The service may be subject at Own Web Now Corp's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
- Second Violation: Users that Own Web Now Corp 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.
Suspension of Service or Cancellation: Own Web Now Corp reserves the right to suspend network access to any customer if in the judgment of the Own Web Now Corp 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 Own Web Now Corp 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 services were suspended and is not entitled to any refunds established under the SLA.
Indemnification: Own Web Now Corp wishes to emphasize that in agreeing to the Own Web Now Corp Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Own Web Now Corp for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Own Web Now Corp or the bringing of any claim against Own Web Now Corp by any third-party. This means that if Own Web Now Corp is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Own Web Now Corp, plus all costs and attorney's fees.
Branding: Own Web Now Corp grants its reseller the right to brand, distribute and manage services including branded portals, documentation and sales materials. All Own Web Now Corp materials used in the branded communications must retain Own Web Now Corp copyright with respect to the logos and trademarks of Own Web Now Corp. The right to brand and distribute Own Web Now Corp services and marketing collateral does not transfer the rights or property of Own Web Now Corp, it's vendors or affiliates to the reseller.
Miscellaneous Provisions: Customer must provide Own Web Now Corp with, and keep current, good contact information for billing, technical and administrative contacts. Support system (https://support.ownwebnow.com), E-mail, and telephone contacts are used, in that order of preference.
- A waiver by Own Web Now Corp of any breach of any provision of this Agreement by Customer 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.
- Customer shall not transfer or assign this Agreement without the prior written consent of Own Web Now Corp. Own Web Now Corp may assign Agreement at anytime without consent from or notice to Customer. Own Web Now Corp reserves right to cancel customers rights under this contract at any time without further obligation.
- Own Web Now Corp takes no responsibility for any material input by others and not posted to the Own Web Now Corp Network by Own Web Now Corp. Own Web Now Corp is not responsible for the content of any other websites linked to the Own Web Now Corp Network; links are provided as Internet navigation tools only. Own Web Now Corp 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.
- Own Web Now Corp is not responsible for any damages your business may suffer. Own Web Now Corp does not make implied or written warranties for any of our services. Own Web Now Corp 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 Own Web Now Corp.
- It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
- Customer must designate individuals as administrative, technical and billing contacts in our support portal at https://support.ownwebnow.com and permit Own Web Now Corp to contact them regarding any issues related to the services or this agreement.
- Customer may not use role accounts, department accounts, non-human contacts or service groups as a contact point (i.e.: Sales, Billing, Technical Support) in our support portal at https://support.ownwebnow.com.
- Customer must manage access levels for Customers employees and personnel accessing our support portal on Customers behalf. Own Web Now Corp is not responsible for any information disclosure (billing information, account passwords, etc) to Customers employees that were granted permission to such information through the access levels assigned to them by Customers management through our support portal at https://support.ownwebnow.com.
Responsibility for Content: You, as Own Web Now Corp's customer, are solely responsible for the content stored on and served by your Own Web Now Corp services.
Terms: The Agreement Term is either the Initial Term or Renewal Term as defined herein:
- Fees. The fees initially charged upon ordering any service will be effective for the initial term and each renewal term of this Agreement, provided, that Own Web Now Corp will have the right to increase these fees at any time upon thirty (30) calendar days notice. If the Customer does not agree with such fee increase, the Customer will have the right to terminate service and this Agreement immediately upon notice, provided that such notice of termination must be received within thirty (30) days of date of notice of the fee increase.
- Currency. All payments made to Own Web Now Corp shall be in US Dollars.
- Automated Billing. Own Web Now Corp provides invoices through the support portal at https://support.ownwebnow.com. Additionally, Own Web Now Corp can send an automated invoice notification on the first (1st) of the month to the Clients designated billing contact. Own Web Now Corp will apply the current monthly charges to Customers automated payment method. The Customer must provide Own Web Now Corp with valid automated payment information as a condition to receive and use Own Web Now Corp services including technical support.
- Payment by Check. Own Web Now Corp may accept a check payment from the Customer for invoices in excess of two thousand five hundred ($2,500.00) dollars per month. Each invoice will include an invoice processing fee of twenty five ($25.00) dollars. Should the check not be honored, the Customer loses the right to make further payments by check and will be restricted to Credit Card automated billing only.
- Additional Service Fees. The Client agrees to pay Own Web Now Corp then-current rates and expenses, including the cost of Own Web Now Corp's vendors, for any requests related to information retrieval, subpoenas, consulting and advisory services or similar work.
- Electronic Billing. All billing and other documentation regarding the billing process is present at Own Web Now Corp support portal at https://support.ownwebnow.com. The customer may access and print all invoices from the support portal and declines to receive hard copies of any such materials.
- Taxes & Miscellaneous Fees. The Customer agrees to be liable for all taxes, governmental fees and assessments related to the purchase of these services that are not charged or collected by Own Web Now Corp (i.e. Customer is responsible for any credit card fees, currency exchange fees or fees associated with the payment process by the customers financial institution).
Use of the Service: Own Web Now Corp services can be used under the following terms and conditions:
- Restricted Activities. The Customer may not use Own Web Now Corp service for any purpose outside the intended scope, features and function set or for training purposes. The Customer may not use Own Web Now Corp service to design software or other materials or services with similar or competitive functionality for any purpose including distribution to third parties. The Customer may not resell or sublicense any portion of the services and any purported resale or sublicense will be void.
- Restricted Monitoring Access. The Customer may not access Own Web Now Corp services or network for purposes of monitoring their performance, availability, or functionality or other benchmarking or competitive purposes without Own Web Now Corp explicit written consent and signed Network Management Agreement.
- Circumventing Billing and Service Limitations. The Customer may not access Own Web Now Corp services or network beyond the stated limits in the service offering. Allocation of more storage than was purchased, exceeding mailbox quota, exceeding FTP file storage or other over allocation is strictly prohibited. Circumventing or attempting to circumvent automated billing mechanisms through fraud, fraudulent coupon codes or other illegal means will cause immediate suspension of services.
- Public Disclosure of Data. The Customer is solely responsible for ensuring that the Customers actions do not accidentally expose private data to the public. Any data made public may be publicly accessible through the Internet and may be crawled and indexed by search engines or third parties.
- Data Filtering & Scanning. Own Web Now Corp may employ various filtering methods to reduce unwanted content from reaching the Customer (such as SPAM, viruses, DDoS attacks). The Customer acknowledges and agrees that such automated methods may prevent legitimate content from reaching the Customer and that Own Web Now Corp will not be liable therefor.
- Limited Warranty. Own Web Now Corp services are provided on an "as is" basis. The Customer expressly agrees that the use of Own Web Now Corp services is at the Customers sole risk. Own Web Now Corp and it's vendors and affiliates disclaim all warranties of any kind, whether express or implied, oral or written, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Client hereby agrees that the terms of this agreement will not be altered due to custom or usage or due to the parties' course of dealing or course of performance under this Agreement. Own Web Now Corp will not be liable for any direct, indirect, incidental, special, punitive or consequential damages (including but not limited to damages for lost profits, business interruption, loss of programs or information, and the like) that result from the use or inability to use Own Web Now Corp services or from mistakes, the service not meeting the Customers requirements or expectations, omissions, hardware failures, translations and system wordings, functionality of filters, migration issues, interruptions, deletion of files and folders or directories, unavailability of backups, errors, defects, delays in operation or transmission, regardless of whether Own Web Now Corp has been advised of such damages or their possibility. Own Web Now Corp will not be liable for any harm that may be caused by the execution or transmission of malicious code or similar occurrences, including without limitation, disabling devices, drop dead devices, time bombs, trap doors, Trojan horses, worms, viruses and similar mechanisms. You agree that the total liability of Own Web Now Corp and the Customers sole remedy for any claims regarding the services under this agreement or otherwise is limited to any applicable credits set forth in the Service Level Agreement (SLA).
- No Transfer Of Ownership. Except for rights expressly granted herein, Own Web Now Corp AUP, TOS and SLA do not transfer any intellectual or other property or proprietary right to the Customer. All right, title and interest in any service provided to the Customer, including without limitation any copyright, trade secret and vested or potential trademark and patent rights, is solely the property of Own Web Now Corp and it's vendors. All materials distributed by Own Web Now Corp in connection with the service will at all times remain the property of Own Web Now Corp and it's vendors, and upon the request of Own Web Now Corp or termination of this agreement, the Customer must promptly return any such materials.
- Feedback License and Feature Suggestions. Own Web Now Corp will have a royalty-free, worldwide, transferable, sublicenesable, irrevocable, perpetual license to use or incorporate into the services and products any suggestions, enhancement requests, feature requests, recommendations or other feedback provided by the Customer to Own Web Now Corp.
- Hardware, Equipment, and Software. The Customer is responsible for and must provide all hardware, software, services and other components necessary to use Own Web Now Corp services. Own Web Now Corp makes no representations, warranties or assurances that the Customers hardware, software, services or other components will be compatible with any service. Own Web Now Corp reserves the right to change or upgrade any equipment or software that it uses to provide the service without notice to the Customer. Own Web Now Corp will install security patches, updates, hardware upgrades and service packs as it determines in it's sole discretion, and reserves the right but not the obligation to roll back or uninstall any updates. Updates may change system behavior and functionality and as such may negatively affect the services used by the Customer. Own Web Now Corp cannot foresee nor can it be responsible or liable for service disruption or changes in functionality or performance due to updates or system changes. Own Web Now Corp is not responsible or liable for issues that may arise from incompatibilities between your data and the use of the services and any update or hardware or software change or configuration, regardless of whether discretionary or requested.
Indemnification: The Customer will defend, indemnify, save and hold Own Web Now Corp and it's vendors harmless from any demands, liabilities, losses, costs and claims including reasonable attorneys' fees, asserted against them that may arise or result from the Customers use of the service, the Customers breach of this agreement, the Customers negligence or willful misconduct, or any of the Customers services and products.
Age and Capacity: The Customer hereby represent and warrant that each user has reached the older of the age of eighteen (18) and that the age of majority in the Clients jurisdiction, and that the Customer is not subject to a limitation on the Customers ability to enter into this agreement.
Severability: If any one or more of the provisions contained herein will, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any of the other provisions of this agreement, and this agreement will be construed as if such provisions had never been contained herein, provided that such provisions will be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality or unenforceability.
Entire Agreement: This agreement constitutes the entire agreement for provision of the services to the Customer and supersedes all other prior agreements and understandings, both written and oral, between Own Web Now Corp with respect to the services Provided by Own Web Now Corp to the Customer.