WWBCITY DEDICATED

Colocated Server Connectivity Terms of Service

All colocated servers are subject to the Data and Wireless Inc network connectivity agreement.

The Provider agrees to provide, and Client agrees to receive, network connected services according to the following terms and conditions:

1. Client ( the colocated server ) will use the Data and Wireless Inc network connection provided and all other network provided services in a manner consistent with any and all applicable laws of the State of Florida and the US Federal Government. Client authorizes Provider to charge all fees due to the submitted credit card or checking account.

2. Provider reserves the right, in its sole discretion, to deactivate or disable access to the Client’s network connected router, server or equipment, including e-mail and FTP access, without advance notice upon the happening of any of the following events :

• A) Failure to pay invoices on due date, including delinquent payments.
• B) If Clients account or the traffic on this network connection causes any kind of network or server problem/ disruption.
• C) If client conducts any kind of “spam mail”, and or sends any unsolicited email over the Data and Wireless Inc network or any other network and references any data / url on the Data and Wireless Inc network.
• D) Client fails to comply with removal of Copyrighted material, when requested by Data and Wireless Inc. Client will be notified by e-mail and/or telephone, and is required to remove offending material with 7 days of receiving notification by either method.

3. THE PROVIDER SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE Data and Wireless Inc network AND ALL OTHER SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS “NO WARRANTY” EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES FOR THE DURATION OF THE LOSS.

4. Provider is not responsible for any damages arising from Client’s use of Provider network connection or by Client’s inability to use the Data and Wireless Inc network and any other services provided for any reason.

5. Provider is not responsible for Client’s files residing on Clients servers. Client is solely responsible for independent backup of data stored on Clients server and network.

6. Provider shall not issue any refunds for client if client fails to provide 60 days written notice should Client decide to discontinue the use of Data and Wireless Inc’s network connectivity or services. If client does request discontinuation of Provider’s network connectivity or services, then Client shall charge Client a $40 de-activation fee.

7. CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON CLIENT EQUIPMENT AND TRANSMITTED THROUGH OR OVER THE Data and Wireless INC NETWORK, WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE TRANSMISSION OF ILLEGAL MATERIALS OVER THE Data and Wireless NETWORK.

8. CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION THROUGH CLIENT’S ACCOUNT(S) AND OR CONNECTED EQUIPMENT, WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE Data and Wireless INC NETWORK CONNECTION. ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, HACKING, WAREZ, MP3s AND ANY HARASSING AND HARMFUL MATERIALS OR USES. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF A CONNECTION WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE CONNECTION PROVIDED TO THE Data and Wireless NETWORK. PROVIDER MAY CHARGE A $40 DEACTIVATION FEE IF CLIENTS VIOLATION LEADS TO AN ACCOUNT DEACTIVATION OR SUSPENSION.

9. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider its customers may utilize.

10. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings (UCE) is strictly prohibited. Provider reserves the right to deactivate the Client’s Network connection upon an indication of such activity without futher notice. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client’s or another party’s use of electronic mail service(s) on the Client’s server or equipment. Provider reserves the right to charge a $40 deactivation fee, if client’s violation of provider’s anti-spamming policy leads to an account deactivation or suspension. The client accepts that certain mail, may be rejected, due to its content or from known Spamming sources and designated open relays, listed in various RBL lists. The client understands that these RBL lists are maintained by 3rd parties.

11. In the event it is necessary to refer any dispute to an attorney, a collection agency, or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney’s fees, collection fees, and all costs associated with any legal action, whether or not a suit shall actually be filed. Place where the Network Connection Agreement is entered in to and fulfilled shall be Miami, FL, United States of America.

12. Client acknowledges that there is NO cooling-off period! All orders, sales, rents, time-frames, and terms are final. Once the service is ordered (i.e. by clicking the order button of the online order form) or by other method, there are no refunds if the service contract is canceled by client or Provider for cause before the regular expiration date / anniversary date. All server and hosting contracts are automatically renewed for another term unless a written notice of cancelation has been given by either party at least 60 days in advance of the renewal date / anniversary date. If no correct notice of cancelation will be given, all contracts will automatically renewed for another term under the same conditions. If an account has been setup and the initial rent and setup fee is not paid, provider has the right to immediately close the account and to refuse service. In this case provider will bill client for US $125.00 for one hour of programming. If a credit card payment is declined by the client’s bank or if the rent is not paid on time provider will charge a US $15.00 late fee per billing cycle and a US $25 fee for each payment-related suspension. If client disputes justified charges by provider on his credit card, provider has the right to charge a $25 administration fee in addition to the regular suspension charge and immediately discontinue service.

13. Provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

14. Data and Wireless reserves the the right to make changes and alterations to this network Connectivity Agreement at any time without directly notifying the client. It will be the the Clients sole responsibility to refer to the website, where these terms and conditions are posted, to check for updates and changes.