Web Hosting Services: Da Web Works

Da Web Works provides Internet Services. This agreement constitutes the entire agreement ("the Agreement") between Da Web Works (DWW) and client and supersedes any written or oral representations, statements, understandings or agreements. By using our services, you confirm your acceptance of, and your client's acceptance of if you resell our services, and agree to be bound by, this Agreement.

AGREEMENT TO TERMS AND CONDITIONS

This Agreement takes effect on the date on which you completed our Online Order form, or first use our services, agree to proceed with work detailed in a proposal from us, or when you pay for our services, whichever is the earliest. Terms of Service may be modified from time to time by DWW in its sole discretion, which modifications will be effective upon posting to DWW's Web site.

INFORMATION PROVIDED BY YOU

You warrant that the name, address and payment information that you provide is correct and you agree to notify us of any changes in your name, address and/or payment details. You warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and that you will use our services in accordance with this Agreement. You agree to be responsible for the use of our services and to comply with your responsibilities and obligations as stated in this Agreement.

PROHIBITED USE

The network resources of Da Web Works may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Da Web Works. All messages via Da Web Works should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users may not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. Clients may not use Da Web Works' server for mass e-mail or "spamming" purposes. WE DO NOT TOLERATE SPAMMING!

Da Web Works may impose reasonable rules and regulations regarding the use of its services. Customer shall impose such rules and regulations on its customers to the extent necessary to ensure compliance.

Da Web Works may discontinue servicing any Plan, or may require fulfillment of terms or conditions Da Web Works may choose to impose as a prerequisite for continuing to service any such Plan. Such discontinuation or requirement may not be unreasonable, however, and Da Web Works agrees to provide you with reasonable notice by Email and fax of any such intent to discontinue or impose certain conditions.

Da Web Works' services may not be used for illegal purposes, or in support of illegal activities. Da Web Works reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to: Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software. Posting or e-mailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters. Threatening bodily harm or property damage to individuals or groups. Making fraudulent offers of products, items, or services originating from your account. Attempting to access the accounts of others, or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data. Harassing others by 'mail-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same e-mail address. Forging any message header, in part or whole, opt any electronic transmission, originating or passing through Da Web Works services. Distributing viruses to or from Da Web Works systems.

It is a violation of this Contract to communicate, transmit, or promulgate in any manner, by any means or medium, any material legally judged to be threatening, or any threatening or harassing communication of any sort or content, to include pornography.

Bulk email sent through a mail service external to our system cannot contain an email address or a domain name that is hosted by Da Web Works. This generally results in complaints being forwarded to our administrative staff and will be cause for immediate account termination or suspension without prior notification.

Neither party may assign or transfer their interest in this agreement without the written consent of the other.

DWW may amend these terms at any time.

WEB CONTENT

You are entirely responsible for the content of your web pages. You are responsible for ensuring that the web content and all aspects of the web site are compatible with the hardware and software used by Da Web Works to provide the Hosting Services, as the same may be changed by Da Web Works from time to time. Specifications for the hardware and software used by Da Web Works to provide the Hosting Services will be available on Da Web Works Web site. You should periodically access Da Web Works Web site to determine if Da Web Works has made any changes thereto. You will provide all text and artwork for your web pages. It is also your responsibility, prior to your site going live, to ensure that all aspects of data, text and graphics are accurate. We cannot be held liable for errors subsequently discovered in your web pages after your final approval. We are not responsible for the design, uploading, updating, or modification of your web site. You warrant the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) which you place on your web pages. You warrant that you are authorized to promote any information which you do so on your web pages (for example if you are providing financial information, that you hold any necessary authorization required under the Financial Services Acts etc.). If you advertise or offer to sell goods or services via your web pages, you undertake to provide goods in conformity with any description and warranties made. You agree to comply with all relevant Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts etc. If you are advertising goods in the course of a trade or business this must clearly be so stated. You are entirely responsible for any civil or criminal liability that is incurred as a result of any person's use of your web pages. We undertake not to monitor the contents of your web pages except where we have reasonable cause to do so in order to protect the continued use of the system or our reputation or we have cause to believe that our terms and conditions are being breached. Files that you upload to your web pages are subject to withdrawal without notice by us upon complaint about their content where we at our sole discretion deem this necessary. We reserve unconditionally and at our sole discretion the right to withdraw pages or other services in order to prevent damage (or the likelihood or threat thereof) to our system or reputation or otherwise for our security, safety or continued operation or upon legal advice. If such withdrawal occurs, then you will be deemed to have expressly authorized us to make any disclosures to the relevant authorities or other bodies that they reasonably consider necessary or appropriate.

SUPPORT

Da Web Works is primarily an Internet hosting company, and is happy to help with set-up issues on your hosting, domain, or email account. We also provide free and appropriate support for many issues involving your hosting account and for any problems that originate from Da Web Works equipment or for problems caused by our maintenance protocol. Regrettably, we are not able to provide unrelated application support, give instruction on how to use software, or troubleshoot problems unrelated to our direct responsibilities, without charge. For more information on our support policy, please refer to the support section of our website.

DATA BACKUPS

Customer is solely responsible for making back-up copies of the Customer Web site and Customer Content. Da Web Works does offer backup solutions for your Web site and content, please contact sales for further details. We strongly recommend that you backup your web page data after any modifications have been completed.

EMAIL

We will under no circumstances monitor the content of any email routed via our systems except under authority of law or court order. Email is entirely your responsibility and you are responsible for sending email in accordance with any relevant legislation (including data protection legislation) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but will not accept any liability for non-receipt or misdirecting or any other failure of mail. You are reminded that sensitive mail should be sent with the use of suitable encryption procedures.

We employ the use of DNS based Spam filtering. This filtering is applied to all mail servers and because of such Da Web Works can not be held responsible non-receipt of email that may be considered Spam or misidentified as Spam.

NAME AND INTERNET PROTOCOL ADDRESS

Any Internet protocol address allocated by us to you shall at all time remain our sole property. You have a non-transferable license to use such address for the duration of this Agreement. In the event of the termination of this Agreement for whatever reason, your license to use the Internet Protocol address shall automatically terminate.

NETWORK SERVICES

We are not liable for any inability to access service due to faults in any telecommunications network, this includes routing issues not directly controlled by Da Web Works. All messages should correctly identify you the sender; you may not alter the attribution of origin in electronic mail messages or posting. You are personally responsible for the use of your account and the secrecy of your password. You agree to keep secure any identification, password and other confidential information relating to your account. You must tell us immediately if someone steals your password or if you find someone else is using your ID. In addition, you are deemed to be logging onto the system (i.e. the authorized person for that account) when an account is logged on by using your correct account ID and password. You agree to co-operate with us, and the Police, concerning any legal action taken arising from the misuse of your account by anyone else. If you are a corporate user then the company is also responsible, together with the individual using the account.

FEES AND PAYMENTS

First payment shall be due upon receipt of Order. Services will commence on the Effective Date indicated in the Order and continue for the duration of the Initial Term. Thereafter, the Order will automatically renew for successive periods unless the Order is earlier terminated in accordance with its terms, or either party gives written notice to the other party of non-renewal at least 30 days prior to expiration of the then-current term. Any changes made to your Order (e.g. add-ons, extra traffic charges, additional server space, and additional e-mail accounts) shall be billed accordingly.

All orders are subject to acceptance by Da Web Works. An Order will be deemed accepted by Da Web Works when confirmation of the order is sent to you. Da Web Works may refuse to accept any Order, or delay acceptance awaiting completion of conditions Da Web Works may choose to exercise. Such refusal of such conditions may not be unreasonable, however, and Da Web Works agrees to provide you with reasonable notice by Email or fax of any intent to delay or decline the acceptance of any order.

Individual web site plans are restricted to a maximum size, in both bandwidth usage and actual file storage space on our servers. If the specified maximum limit is exceeded, the add-on price as listed in site plan, will automatically be charged without notice. After maximum limit is exceeded, clients will have the option of continuing to pay per increment or upgrading to a different hosting plan.

Any amounts payable to Da Web Works not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less. If Da Web Works collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if Da Web Works prevails in any action to which the Customer and Da Web Works are parties, Customer will pay all costs of collection, arbitration and litigation including, without limitation, all court costs and reasonable attorneys' fees. If any check is returned for insufficient funds, Da Web Works may impose a processing charge of $25.

TERMINATION

Da Web Works, without cause, may terminate this Agreement by giving you 30 Days notice via e-mail or fax. In such event, Da Web Works will be required to pay to you an amount equal to the unused and prorated portion of service excluding any setup charges. Notwithstanding the above, Da Web Works may terminate the service under this Agreement at any time, without penalty, if you fail to comply with the terms of this Agreement. It is your responsibility to point your domain to another service provider upon termination, cancellation or discontinuation of service.

Da Web Works offers a 30-Day money back guarantee for its shared Hosting services. This guarantee excludes any setup fees or installation charges applied to DA Web Works' services. Da Web Works will not issue refunds or credits past the 30-day money back guarantee.

Order will automatically renew for successive periods unless the Order is earlier terminated in accordance with its terms, or either party gives written notice to the other party of non-renewal at least 30 days prior to expiration of the then-current term.

ROOT ACCESS AND SECURITY

We reserve the right of root access on the system and it is a condition of use that you do not attempt to gain root access. Should you find or suspect that there has been a breach of network access then you are required to inform us immediately.

INDEMNITY FOR SYSTEM MISUSE

If you post a defamatory/libelous message, it is you that publishes it, and you that will be liable for the consequences of such publication. You agree that you shall defend, indemnify, save and hold Da Web Works harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Da Web Works, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, yours agents, employees or assigns. You agree to defend, indemnify and hold harmless Da Web Works against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Da Web Works' Server; (ii) any material supplied by your infringement or alleged infringement on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which you sold on Da Web Works Server. We will notify you promptly of any claim for which we seek indemnification at the currently supplied address. We will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to our interests, as determined by us at our sole discretion. If we suspect illegal activity, we may notify the authorities and reserve the right to do anything on the system that our lawyers advise us to do in the protection of the system. We cannot guarantee that unauthorized users or hackers will never infiltrate the system. Your services may not be secure against hackers and you take that risk.

RESELLING OUR SERVICES

If you resell our services to your clients, it is entirely your responsibility to ensure that all the services you pay for comply with this Agreement. You will also indemnify us against any claims made against us due to any breach of these terms and conditions by your clients.

EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

All our services are provided "as is," and we make no express or implied representations or warranties to you regarding the usability, condition or operation thereof. We will at all times endeavor to maintain an uninterrupted and error-free service. However we make no representations or warranties regarding the services provided by them and do not warrant that use of our services will be uninterrupted or error-free, or that our services will meet any particular criteria of performance or quality. We will at all times endeavor to maintain and safeguard your data on our system. However, we accept no responsibility for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content transmitted, received or stored on our systems. We expressly disclaim all implied warranties, including without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security or accuracy. Your use of our services is at your own risk. You accept full responsibility for such use and the risk of any loss resulting from your use of our services. You also accept full responsibility for safeguarding your own data. Notwithstanding contrary clauses in this Agreement, in the event that we are deemed liable to you for breach of this Agreement, you agree that our liability is limited to the amount actually paid by you for your subscription. You hereby release us from any and all obligations, liabilities and claims in excess of this limitation. No waiver or inaction by us of any rights or remedies herein will act to prevent us acting or asserting the same or similar rights at a later time in relation to use of our services. We do not accept any responsibility whatsoever for anything posted on the system (except by one of our staff or authorized representatives) and you agree by using the system that we will not be liable for any direct, indirect, special, consequential, exemplary or punitive damages or losses which are incurred in connection with the use of our services even if we have been advised of this possibility and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds and you agree to indemnify us and hold us harmless from and against any claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including our legal defense and other legal costs) incurred as a result of your actions on our system or materials or information transmitted by you in connection with the system. This means that you may be liable to pay us where other callers or third parties make claims against us. Neither party is liable for any breach of this Agreement which is caused by a matter beyond its reasonable control including Acts of God, fire, lightening, explosion, war, civil disorder, flood, industrial disputes,mextremely severe weather or acts of local or central Government or other competent authorities.

NOTICES AND CONSENTS

Notices given by us to you will be given by email or by conventional mail, or by a general posting on our web page. Prices quoted on-line are for guidance only. In any matter requiring our prior consent, an authorized representative of Da Web Works must give such consent in writing. Notices to Da Web Works may be sent by you to our email address below, by fax or conventional mail and must be confirmed by conventional mail. The address for communication to us by conventional mail is: Da Web Works, 4011 Idaho Street, Ste. 3, San Diego, CA 92104. The facsimile number is: 619.692.4443. To email us, .

ASSIGNMENT OF RIGHTS

Neither party will assign this Agreement or any benefits or interests arising under this Agreement without the prior written consent of the other party.

GENERAL TERMS

You acknowledge that no joint venture, employment, or agency relationship exists between you and Da Web Works as a result of your use of our services. You agree not to hold yourself out as a representative, agent or employee of Da Web Works. You agree that Da Web Works will not be liable by reason of any representation, act or omission to act by you. Our performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of our services or information provided to or gathered by us with respect to such use.

PARTIAL INVALIDITY

If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. DA Web Works and you agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.

DISPUTES

The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of cooperation without formal procedures. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 10 shall be subject to arbitration upon written demand of either party. Arbitration shall take place at the San Diego Mediation Center, located in San Diego County, State of California, or at a different location if the parties so agree. The arbitration will take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's pay. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceeding. Each party shall have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decisio regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction.

Should any legal action permissible under this agreement be taken to enforce the conditions and terms of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable legal fees and expenses incurred at the trial and appellate levels.

CONFIDENTIALITY

Customer acknowledges that by reason of its relationship with DA Web Works, it may have access to certain products, information and materials relating to DA Web Works' business, plans, customers, software technology, and marketing plans that are confidential and of substantial value to DA Web Works, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by DA Web Works. Customer further agrees that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by the Customer of any such confidential information in its possession, and all confidential documents shall be returned to DA Web Works or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, DA Web Works shall be entitled to injunctive relief, which relief will not be contested by Customer.

GOVERNING LAW

See Domain Name Policy

See CGI Abuse Policy

See Credit Card Policy

See Site Security Statement

Terms & Conditions