WebNests Hosting Policies ...

This Agreement, is made and entered by WebNests, ("Provider"), and you, ("User").

Intending to be bound in accordance with the terms hereof, the parties agrees as follows:

PLEASE NOTE:  All instances of credit card fraud  are now reported to the US Secret Service for investigation and prosecution. 

A. Content

  1. All services provided by Provider 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 secrets and other statute.
  2. The subscriber agrees to indemnify and hold harmless Provider from any claims resulting from the use of the service which damages the subscriber or any other party.
  3. Note: Pornography, nude photos and sex-related merchandising are prohibited. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to any resource on the internet; links to such materials are also prohibited. Furthermore, any site selling or promoting bulk email software/services/addresses is forbidden.
  4. Examples of unacceptable content or links:
    • Pirated software.
    • Hackers programs or archives.
    • Warez Sites.
    • MP3 versions of recordings that you do not own the rights to.
  5. Provider will be the sole arbiter as to what constitutes a violation of this provision.

B. Traffic Allowance

  1. The traffic allowance provided per domain is 8,000, 15,000 or 20,000 MB/month, the least of which is approximately 30 times what a normal user needs. To maintain the integrity of our service, sites containing any of the following will have their free traffic limited to 3 GB/month:
    • Subhosting - any domain housing additional users (i.e., additional FTP or telnet logins restricted to subdirectories)
    • Shareware, sound, video, image and multimedia Archives or galleries.
    • Mirror sites.
    • Distribution points.
    • Any site whose primary purpose is file distribution.
    • Sites using more than 20% of the system's resources.
  2. If your traffic is being consumed at a rate that will exceed your allocation before the end of the month, you will be notified and given the choice of reducing your traffic or paying for the excess. If you choose not to pay for excess, your access will be disabled after your monthly allocation is exhausted.
  3. If you do not qualify for 8,000 MB/month of traffic, your traffic will go unmonitored until you reach 3,000 MB, then normal data transfer costs of $4.00/1GB will apply. You may purchase more traffic.  Please call the office at 800-262-8409.
  4. Provider will be the sole arbiter as to what constitutes a violation of this provision. An archive site is defined by how much of the traffic is done in archive files. If archive files comprise more than than 30% of the site's traffic, that site is deemed an archive site and the 3GB/month allowance applies.

C. CGI - System resources

  1. You are allowed to freely install cgi applications, we reserve the right to disable any program or script that may effect normal server operations. Any site that uses large amounts of these resources may be asked to decrease activity or move to a dedicated server, a variety of packages are available.
  2. WebAdverts banner rotations are banned from the system for numerous problems caused. Please be sure to select another author.

D. Chat Rooms

  1. We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as a account option.

E. Background Running Programs and Daemons

  1. We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incured based on system resources used and operational maintenance needed.

F. IRC

  1. We currently do not allow IRC or IRC bots to be operated on our servers.

G. Commercial Advertising - Email:

  1. WebNests servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. The use of spam to advertise sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.

    Spamming (the sending of unsolicited email) is STRICTLY prohibited. None of the following will be tolerated.

    You will be fined $200 for each instance of spam that gets reported to us and your account will be immediately terminated.

     

    • You may not send any unsolicited email mentioning an email address 
      for any domain hosted by us
    • You may not send any unsolicited email mentioning a domain hosted by us
    • You may not send any unsolicited email mentioning an IP address hosted 
      by us
    • You may not post a commercial message in a non-commercial newsgroup
    • You may not post references to adult sites in non-adult newsgroups
    • You may not post advertisements on IRC chat that result in complaints

    Provider will be the sole arbiter as to what constitutes a violation of this provision.

H. Server abuse:
  1. Any attempts to undermine or cause harm to any of Provider's servers or any customer of Provider is strictly prohibited.

    Any Sub-Networks of Provider and dedicated servers must adhere to the above policies.

I. Payment for Service

  1. User agrees to pay in advance for services rendered.
  2. User agrees to pay the renewal charges on or before the first day of the anniversary of account setup each month following execution of this agreement, together with any additional charges, costs or assessments made by Provider under the terms hereof.
  3. User agrees that any unpaid balance due hereunder shall bear interest at the rate of 18% per annum, and that costs of collection, including court costs and reasonable attorney fees shall be added as principal amounts to such balance.
  4. A late fee of $20 will be assessed if payment is not received within 14 days of the due date.
  5. User agrees to pay a $20 fee for any returned checks or declined credit cards, for whatever reason.

J. Term and Termination

  1. This agreement shall have an initial term of one month from the date of execution hereof, unless otherwise specified by order request. Upon expiration of such term, this agreement shall automatically renew for successive equivalent periods, unless notice is given by either party of its intent to terminate the agreement, at least 15 days prior to the scheduled termination date. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder.
  2. Provider reserves the right to terminate this agreement, and to delete the website from its hardware, immediately upon the occurrence of any of the following events:
    1. Non payment of any charges due from User.
    2. Breach of any term or condition of this agreement by User.
    3. Commencement of any lawsuit or proceeding against User arising from or relating to its use of the website, whether or not such suit names Provider as a party or seeks and recovery from Provider.
  3. No refunds are given for prepaid periods.

K. Indemnification of Provider/Relationship of Parties

  1. User agrees to indemnify and hold Provider harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to User's website provided hereunder.
  2. Nothing contained herein shall be deemed to create a relationship between the Provider and User in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that Provider has no interaction with the data or substance of User's website, except as necessary to maintain the website.

L. Governing Law, Arbitration, and Venue

  1. This Agreement will be governed by and construed in accordance with the laws of the State of Florida. Any disputes arising under this agreement will be resolved by binding arbitration, to take place in Pinellas County, Florida.

Violation of any terms or conditions are grounds for immediate account deactivation, with no refunds given.
We reserve the right to refuse or cancel service at our sole discretion.