Terms of Use


        Website Beautiful will never require clients to advertise for Website Beautiful on their websites in any way, shape or form. Clients are allowed to use their sites for business / commercial,  personal websites or content.


Content


            All services provided by Website Beautiful 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 that is threatening or obscene, material that is with "adult only" content, or material, protected by trade secrets and other statute.


Refund Policy


    Website Beautiful offers an unconditional 30-day money-back guarantee on hosting services. If the customer wishes to cancel a hosting account within the initial 30-day period for any reason, he/she must notify Website Beautiful via e-mail at support@WebsiteBeautiful.com and the payment will be promptly refunded. Since all .com, .net, .org, .us, .biz and .info domains registered through our services cannot be refunded, they will be subject to a $10.00 annual domain registration fee. Therefore, if the customer purchased a hosting account with a domain registration, the domain registration fee will be deducted from the refund amount. As the customer is the sole owner of the registered domain name, arrangements can be made to transfer its registration to another provider.

    Website Beautiful does not offer any partial or prorated refunds after the initial 30-day money-back guarantee period.


Account Renewal Policy


    Website Beautiful does not renew accounts automatically. For the customer's convenience, Website Beautiful will send a renewal reminder to the contact email address on file for the corresponding hosting account. The customer is ultimately responsible for renewing the hosting account.


Dispute Resolution Policy


        In case of ownership dispute, Website Beautiful reserves the right to be the sole decision maker in settling the dispute. There are several guidelines, based on which Website Beautiful will decide who is the rightful owner of the disputed hosting account or domain name:

By default, Website Beautiful will grant ownership to the person, who paid for the hosting account. If the purchase was made by credit card or PayPal, the holder of the respective credit card or PayPal account will be considered the owner. If the purchase was made by Western Union, bank transfer, or some other similar way, the respective sender of the funds covering the purchase of the account will be considered the owner.

If the identity of the credit card holder or the sender of the funds as discussed above cannot be confirmed, Website Beautiful will attempt to determine the owner in other ways, which include but are not limited to investigation of log files, investigation of the content hosted under the respective hosting account or domain name, and investigation of the sequence of annual payments for the disputed service.


Traffic Guidelines


                   Sites that go over their traffic limit will be charged additionally, in accordance with the characteristics of the plan purchased. In case of failure to cover the fees incurred by traffic over-usage, Website Beautiful reserves the right to take corrective actions such as discontinuance of service, or termination of this agreement. In case Website Beautiful takes corrective actions under this provision, the customer shall not be entitled to a refund of any fees paid in advance.





Intellectual Property Rights


                Materials, accessible to the customer through WebsiteBeautiful's services, may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when exclusively permitted by the owner of such rights, the customer may not use WebsiteBeautiful's services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which the customer accesses or receives through WebsiteBeautiful's network. If the customer uses a domain name in connection with WebsiteBeautiful's service, he/she may not use that domain name in violation of any third party trademark, service mark, or similar rights.


Network Security


Customers may not use WebsiteBeautiful's network in an attempt to circumvent user authentication or security of any host, network or account. This includes but is not limited to: accessing data not intended for the customer, logging into a server or account the customer is not exclusively authorized to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to: flooding, mail bombing or other deliberate attempts to overload or crash a host or network. WebsiteBeautiful will fully cooperate with investigations of violations of systems or network security. This also includes cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.


Defamation


The customer may not host material that is:

•threatening or obscene;

•offensive to any person or group. This includes but is not limited to prejudice, racism, intolerance, hatred, and harassment;                  expressions that are by nature libelous, defamatory, and offensive to or disrespectful of ethnic, racial, religious, or other groups;

•harmful to minors;

•likely to cause damage to reputation of third parties.

•Note: Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Spam or Unsolicited e-mail


The customer may not use Website Beautiful's network or e-mail service in connection with the transmission of spam, flames, mail bombs, or similar unsolicited e-mail messages. The customer's domain may not be referenced as originator, intermediary or reply-to address in any of the above. This prohibition fully extends to sending of unsolicited mailings from another service that in any way mentions your domain name or implicates the use of the Website Beautiful's network or e-mail services. A message is considered unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient without his/her prior consent. For purposes of this provision, merely making one's e-mail address accessible to the public will not constitute a request or invitation to receive messages.


Disk Usage


Website Beautiful will monitor the customer's disk usage and if it exceeds the usage agreed upon, Website Beautiful shall have the right to take corrective actions. Such corrective actions may include assessment of additional charges, discontinuance of service, or termination of this agreement.

Customer agrees to indemnify, defend and hold harmless, Website Beautiful, its subsidiaries and other affiliated companies, its officers, directors, employees against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use.


Disclaimer


Website Beautiful, at its sole discretion, may change these terms and conditions at any time. By using Website Beautiful's services the user agrees that Website Beautiful may: (1) revise these terms and conditions; and (2) change the services provided. Any such revision or change will be binding and effective immediately on posting of the revised terms or change to the service(s) on Website Beautiful's web site, or on notification to the customer by e-mail. The customer agrees to review Website Beautiful's web site, including these terms, periodically to be aware of any such revisions. If the customer does not agree with any revision, he/she may terminate the services at any time by notifying Website Beautiful by e-mail. Notice of the customer's termination will be effective on receipt and processing by Website Beautiful. The customer agrees that, by continuing to use Website Beautiful's services following notice of any revision to this Agreement or change in service(s), he/she abides by any such revisions or changes.


The content available through this site is the sole property of Website Beautiful and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Website Beautiful owned content received through this site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this site to anyone, including but not limited to others in the same company or organization without Website Beautiful's express prior written consent.


Refusal of Service


Website Beautiful reserves the right to refuse hosting for insecure applications that could be, for instance, utilized by an attacker to gain unauthorized access to the server and/or execute applications with the privileges of the customer that has uploaded the insecure application in question. Customers are responsible for keeping their applications up-to-date, checking for security issues with the application vendor, and updating to the latest secure version that is available. In the event that an insecure application is installed on the hosting account of the customer, Website Beautiful reserves the right to disable access to it, or, if deemed necessary, to the hosting account in its entirety. This will be with the exclusive purpose of preventing damage to the customer and to the other customers hosted on the same server, and may be done with or (in case of emergency) without prior notice.


      Website Beautiful reserves the right at its sole discretion to refuse or cancel service. Violation of any of Website Beautiful's Terms could result in a warning, suspension, or account termination. Submitting fake personal information can also be grounds for suspension or termination.



Limited Liability


THE CUSTOMER AGREES THAT WebsiteBeautiful SHALL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES, (3) INTERRUPTION OF WebsiteBeautiful'S SERVICES OR INTERRUPTION OF THE CUSTOMER'S BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO WebsiteBeautiful'S WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS THE CUSTOMER EXPERIENCES IN RELATION TO THE SERVICES OFFERED BY WebsiteBeautiful; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND WebsiteBeautiful'S CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF THE CUSTOMER'S ACCOUNT; OR (8) APPLICATION OF THE DISPUTE POLICIES. WebsiteBeautiful ALSO 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 WebsiteBeautiful HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WebsiteBeautiful'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE RESELLER FOR THE DISPUTED SERVICE, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, WebsiteBeautiful's LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Last revision: Feb.15 2007.

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