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POLICY
AND SERVICE GUIDELINES
All account holders are
bound by these terms and conditions. These terms and
conditions supersede any statements made through email
or contact of any kind with any PWPMall personnel.
This Agreement will become effective when accepted by
PWPMall.
CHRISTIAN FAITH
This company is owned by
Christians and is operated with that in mind. We ask
that all website postings, not have anything on it
that openly mocks or contradicts this our basic
belief. * the Bible is the only authoritative Word of
God; * the only means of being cleansed from sin is
through repentance and faith in the precious blood of
Jesus Christ, which is essential for personal
salvation (and not through our works).
CONTENT
All services provided by
PWPMall 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, trademark, intellectual
property, material we judge to be threatening or
obscene, or material protected by trade secret and
other statute without proper authorization. The
subscriber agrees to indemnify and hold harmless
PWPMall from any claims resulting from the use of the
service which damages the subscriber or any other
party.
PWPMall reserves the
right to make the final decision on what can be placed
on our servers.
PWPMall will be the sole
arbiter as to what constitutes a violation of this
provision.
At PWPMall’s
discretion, access to PWPMall’s server (and your
account) may be revoked at any time for abusive
conduct on the system and / or the Internet and its
resources as a whole.
PACKAGES
We reserve the right to
change the packages that we offer in any way without
prior notice.
1. USE POLICIES
PWPMall reserves the
right to suspend or cancel your account in the event
that you use the account to send unsolicited
commercial advertisements in contradiction to either
applicable laws or customary acceptable usage policies
of the Internet, or if you use your account in
connection with unlawful activity.
2. REPRESENTATIONS AND
WARRANTIES
You represent and warrant
that all information provided by you in connection
with your registration is complete and accurate.
PWPMall makes no representation or warranties of any
kind in connection with this Agreement.
3. BREACH AND REVOCATION
Any breach by you of this
Agreement or the Dispute Policy must be remedied by
you within 30 days of notice by PWPMall. If you fail
to cure the breach, PWPMall may cancel your account
and remove all files.
Nothing contained in this
Policy shall be construed as creating any agency,
partnership, or other form of joint enterprise between
the parties. The failure of PWPMall to require your
performance of any provision hereof shall not affect
the right to require such performance thereafter; nor
shall the waiver by PWPMall of a breach of any
provision hereof be taken or held to be a waiver of
the provision itself.
AGENTS
Client understands,
acknowledges and agrees that by using the account or
any service of PWPMall, client ratifies and is bound
by this Agreement even if an agent (such as a
webmaster, ISP, or employee) entered into this
Agreement on the client's behalf, and even if client
has not itself read this Agreement. Further, client is
responsible for all information submitted by its
agent. PWPMall will not cancel this Agreement, or
refund any fees paid to it, because of errors or
omissions of the agent in the registration process
(e.g., if such agent provides incorrect information)
without client's actual consent, as such apparent
authority will suffice to bind the client. By acting
on the client's behalf, such agent represents and
warrants to the client and PWPMall that the agent is
authorized to bind client hereto and that it has fully
and thoroughly advised client of the terms and
conditions of this Agreement.
AGE - The client must be
18 years of age to obtain our services.
TRANSFER
We reserve the right to
ask you to move your account to another server option
that suits your needs if your site takes up more than
a fair share of the server resources (over 10%). This
can include excessive use of system resources, or
excessive use of bandwidth.
INDEMNITY
You agree to defend,
indemnify and hold harmless PWPMall and the directors,
officers, employees and agents of each of them, for
any loss, damages or costs, including reasonable
attorneys' fees, resulting from any third party claim,
action, or demand related to your account or the use
thereof. All content on your account is considered a
publication of yours and we are not to be held
responsible for anything you present on the web
through your account in any way.
LIMITATION OF LIABILITY
YOU AGREE THAT PWPMall
WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
LOSS THAT MAY OCCUR DUE TO (a) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO PWPMall SYSTEM; (b) THE NON-DELIVERY
OR MISDELIVERY OF DATA BETWEEN YOU AND PWPMall (c)
EVENTS BEYOND PWPMall CONTROL; (d) THE PROCESSING OF
THIS APPLICATION; (e) THE FAILURE OF YOU OR YOUR AGENT
TO PAY ANY FEES HEREUNDER; OR (f) THE APPLICATION OF
THE DISPUTE POLICY. FURTHER, PWPMall WILL NOT BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST
PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
EVEN IF PWPMall HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL PWPMall MAXIMUM
LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO
PWPMall FOR REGISTRATION OF YOUR ACCOUNT. IN THE
EXTENT APPLICABLE STATE DOES NOT ALLOW THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT
PERMITTED BY LAW
PWPMall shall not be
responsible for any claimed damages, including
incidental and consequential damages, which may arise
from PWPMall's servers going off-line or being
unavailable for any reason whatsoever. Further,
PWPMall shall not be responsible for any claimed
damages, including incidental or consequential
damages, resulting from the corruption or deletion of
any web site or files from one of PWPMall's servers.
All damages shall be limited to the immediate
termination of your service. We disclaim any and all
loss or liability resulting from, but not limited to:
(1) loss or liability resulting from access delays or
access interruptions; (2) loss or liability resulting
from data non-delivery or data mis-delivery; (3) loss
or liability resulting from acts of God; (4) loss or
liability resulting from the unauthorized use or
misuse of your Account Number, Password or security
authentication; (5) loss or liability resulting from
errors, omissions, or misstatements in any and all
information or service(s) provided under this
agreement; (6) loss or liability resulting from
failure of our backup system*; (7) loss or liability
relating to the deletion of or failure to store e-mail
messages; (8) loss or liability resulting from the
development or interruption of your Web site; (9) loss
or liability from your inability to use our mail
service; or (10) loss or liability from the use of our
mail service; or (11) loss or liability that you may
incur in connection with our processing of your
application for our services. We try to keep timely
backups of our servers but there is a rare possibility
that a backup will be corrupted or missing. PWPMall
encourages you to keep backups of all your files as a
safety measure.
REFUSAL OF SERVICE
PWPMall shall be the sole
arbiter of what is and is not a violation of these
acceptable use policies. PWPMall reserves the right to
terminate any account at any time and for any reason.
PWPMall reserves the right to delete all content and
files upon termination. PWPMall reserves the right to
withhold any pre-paid funds for any site removed for
violations of these policies. PWPMall reserves the
right to refuse, cancel, or suspend service at our
sole discretion.
In the event that any
provision of this Agreement is deemed unenforceable or
invalid, such unenforceability or invalidity shall not
affect the remainder of this Agreement. PWPMall may
amend or replace such provision with one that is valid
and enforceable and which achieves, to the extent
possible, the original objectives and intent of
PWPMall as reflected in the original provision.
This Agreement and all
rights hereunder shall be governed by the laws of the
State of Tennessee. Any action relating to this
Agreement or to your use of the PWPMall site shall be
brought exclusively in the courts of Tennessee in the
USA.
PWPMall reserves the
right to change the Acceptable Use Policy without
prior notice or warning. Non-enforcement of any part
of the Acceptable Use Policy does not constitute
consent.
This Agreement, the
PWPMall registration package schedule, together with
all amendments or modifications to any of them,
constitute the complete and exclusive agreement
between you and PWPMall and supersede and govern all
prior proposals, agreements, or other communications.
** ABUSE **
Complaints regarding
Illegal Use or System or Network Security issues and
complaints regarding email abuse or SPAM should be
sent to abuse@webpagefixer.com
SERVER ABUSE - Any
attempt to undermine or cause harm to a server, or
customer of PWPMall is strictly prohibited.
NEWSGROUP SPAM - Posting
the same or similar message referencing your domain
hosted with us in any way to one or more news groups
(excessive cross-posting or multiple-posting, also
known as "SPAM") is explicitly prohibited.
SYSTEM AND NETWORK
SECURITY
Violations of the PWPMall
system or network security are prohibited, and may
result in criminal and civil liability. PWPMall will
investigate incidents involving such violations and
may involve and will cooperate with law enforcement if
a criminal violation is suspected. We reserve the
right to investigate files in a customer's account at
any time if we have any reason to suspect there may be
activities or network security violations including,
but not limited to:
* Unauthorized access to
or use of data, systems or networks, including any
attempt to probe, scan or test the vulnerability of a
system or network or to breach security or
authentication measures without express authorization
of the owner of the system or network.
* Unauthorized monitoring
of data or traffic on any system or network without
express authorization of the owner of the system or
network.
* Interference with
service to any user including, but not limited to,
mail bombing, flooding, deliberate attempts to
overload a system and broadcast attacks.
* Forging of any TCP-IP
packet header or any part of the header information in
an e-mail or a newsgroup posting.
PWPMall reserves the
right to report illegal activities to any and all
regulatory, administrative, and / or governmental
authorities for prosecution.
Failure to follow any
term or condition will be grounds for immediate shut
down.
** BILLING POLICY **
For your safety, your
account username and password are required to cancel
your account. When registering for a monthly account,
prior to account termination, you will receive a
billing renewal notice to the email address that you
provided us when you originally set up your account.
We do not send invoices
via postal mail. We only use email to communicate
billing issues. It
is important that you please keep your contact
information that we have on file, up-to-date.
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