Revision date: Dec 10, 2012
In Plain English
It is in the best interest of Web Lemonade Inc. to provide the best service and support possible. We strive to write optimized, bug-free and secure code. Our servers are monitored to ensure stability, performance and uptime. This said, we are human (some say) and despite our best efforts sometimes code isn't perfect and sometimes servers go down. We are committed to our clients and will generally take any steps necessary to ensure customer satifsaction.
All services provided by Web Lemonade Inc. ("Web Lemonade Inc.") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Web Lemonade Inc. from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Web Lemonade Inc.' servers, or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links include but are not limited to pirated software, hacker programs or archives and any material that may be compromising to children.
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, WEB LEMONADE INC. WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Any attempt to undermine or cause harm to a server or customer of Web Lemonade Inc. is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Web Lemonade Inc. must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
By the Account Activation Date of each month, Web Lemonade Inc. shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Web Lemonade Inc. by no later than the specified payment due date. Web Lemonade Inc. shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, may be suspended.
Certain services carry a setup fee charged by Web Lemonade Inc. to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Web Lemonade Inc. and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability
Web Lemonade Inc. shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Web Lemonade Inc. ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Web Lemonade Inc. shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Web Lemonade Inc. ' servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be referred to firstname.lastname@example.org. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Web Lemonade Inc. cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Web Lemonade Inc. are resold. Thus, certain equipment, routing, software and programming used by Web Lemonade Inc. are not directly owned or written by Web Lemonade Inc.. Moreover, Web Lemonade Inc. holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Web Lemonade Inc. sees fit.
By activating your account with Web Lemonade Inc., you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
Although Web Lemonade Inc. has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.
Web Lemonade Inc. reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
THIS WEB SITE AND ITS SERVICES, CONTENT AND PRODUCTS ARE PROVIDED TO YOU ON AN "AS 1S" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE THAT NEITHER WEB LEMONADE INC. NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY CONTENT ON THIS WEB SITE MAKES ANY GUARANTIES OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE AND CONTENT OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE CONTENT WILL BE FREE OF ERRORS OR AVAILABLE, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD PARTY RIGHTS.
WEB LEMONADE INC. MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM AND/OR PROVIDE TO THE SITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS, OTHER COMPUTER PROGRAMMING ROUTINES OR ENGINES THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR INFORMATION.
LIMITATION OF LIABILITY
WEB LEMONADE INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY: (I) YOUR USE OF, INABILITY TO USE, OR RELIANCE ON, ANY PART OF THIS WEB SITE OR CONTENT, (II) ANY ERRORS OR OMISSIONS IN ANY PART OF THE SITE OR IN THE CONTENT HEREOF, OR (Ill) WEB LEMONADE INC.'S OR ANY OTHER PERSON'S PERFORMANCE OF ANY OBLIGATIONS UNDER OR IN CONNECTION WITH THE USAGE AGREEMENT. IN NO EVENT WILL WEB LEMONADE INC. OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, in which case the liability of WEB LEMONADE INC. and its directors, officers, employees, representatives, affiliates and agents shall be limited in accordance with this Usage Agreement to the fullest extent permitted by law. Without limiting the foregoing, if WEB LEMONADE INC. or any of its directors, officers, employees, representatives, affiliates and agents is found liable to you for any claims or matters arising under or in connection with this Usage Agreement, our aggregate and maximum liability for all such matters and claims shall not exceed the total amount paid by you to WEB LEMONADE INC., if any, for the specific service or product giving rise to such liability.
Acceptable Use Policy
Revision date: Dec 10, 2012
As a provider of web site hosting and other Internet-related services, Web Lemonade Inc. offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Web Lemonade Inc. respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Web Lemonade Inc. reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Web Lemonade Inc. has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Web Lemonade Inc.' services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Web Lemonade Inc. cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Web Lemonade Inc. cannot monitor or censor the Internet, and will not attempt to do so, Web Lemonade Inc. cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Web Lemonade Inc. does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Web Lemonade Inc.' network and may reach a large number of people, including both subscribers and non-subscribers of Web Lemonade Inc., subscribers' postings to the Internet may affect other subscribers and may affect Web Lemonade Inc.' goodwill, business, reputation or operations. For these reasons, subscribers violate Web Lemonade Inc. policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Web Lemonade Inc., but also because it can overload Web Lemonade Inc.' network and disrupt service to Web Lemonade Inc.' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Web Lemonade Inc. will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Web Lemonade Inc. reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Web Lemonade Inc. choose to pursue and prosecute.
Audio/Video Streaming is not hosting friendly. As such, Web Lemonade Inc. does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
Web Lemonade Inc. does not allow adult content and will suspend/terminate any offending account.
Large File Policy:
Web Lemonade Inc. is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail email@example.com.
Obscene Speech or Materials:
Using Web Lemonade Inc.' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Web Lemonade Inc. is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using Web Lemonade Inc.' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Web Lemonade Inc. reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether lawful or unlawful, that Web Lemonade Inc. determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Web Lemonade Inc. will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Web Lemonade Inc.' policy or applicable law. However, when Web Lemonade Inc. becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Web Lemonade Inc..
Web Lemonade Inc. is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Web Lemonade Inc.' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Web Lemonade Inc. does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Web Lemonade Inc. reserves the right to directly take action against a customer of its subscribers. Also, Web Lemonade Inc. may take action against the Web Lemonade Inc.' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Web Lemonade Inc. anticipates that subscribers who offer Internet services will cooperate with Web Lemonade Inc. in any corrective or preventive action that Web Lemonade Inc. deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Web Lemonade Inc. policy.
Web Lemonade Inc. will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Web Lemonade Inc. may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Web Lemonade Inc. may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Web Lemonade Inc. assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Web Lemonade Inc. may disclose subscriber information or information transmitted over its network where necessary to protect Web Lemonade Inc. and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Web Lemonade Inc. will never sell information to other services or outside companies.
Web Lemonade Inc. expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Web Lemonade Inc. policy. Finally, Web Lemonade Inc. wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Web Lemonade Inc. for any violation of the Service Agreement, law or Web Lemonade Inc. policy resulting in loss to Web Lemonade Inc. or the bringing of any claim against Web Lemonade Inc. by any third party. This means that, if Web Lemonade Inc. is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Web Lemonade Inc., plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Web Lemonade Inc. and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to firstname.lastname@example.org.