WiNC Technology, LLC, herein known as “WiNC”, provides internet web hosting and associated services, and maintains either Dedicated or VPS (virtual private server) servers and other such equipment with access to the Internet.
The Customer’s application and this Agreement constitute a legal and binding contract between WiNC and the Customer and does not extend to any other person or entity.
With respect to the services to be provided herein, the Customer acknowledges that WiNC makes absolutely no warranties whatsoever, expressed or implied. As a result, the Customer agrees that WiNC shall not be liable to the Customer for any claims, damages, or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of, or in relation to, the services provided herein, but not limited to, losses or damages resulting from the loss of data or the result of delays, non-deliveries, or service interruptions.
The utilization of any data or information received by the Customer from the utilization of the service(s) to be provided by WiNC is at the Customers’ sole and absolute risk. WiNC specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of information obtained through the services to be provided herein.
If the customer acquires a domain name through WiNC, the customer hereby waives any and all claims for any reason which it may have against WiNC for any loss, damage, claim, or expense arising out of, or in relation to, the Registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of WiNC service to the Customer.
The Customer may only use WiNC services for lawful purposes. In the event that, at any given time, WiNC believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this agreement, WiNC has the right to immediately discontinue such service to the Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this agreement without notice or refund to the Customer:
Unauthorized distribution or copying copyrighted software and files (including but not limiting to: MP3’s, warez, cracks, etc.), violations of US export restrictions , harassment, fraud, trafficking of obscene material, drug paraphernalia, and other illegal activities. WiNC reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
We do not host adult web sites. We do allow erotic photography, erotic art and other adult material. You are responsible for making sure that you provide proper warnings and disclaimers concerning the contents of your web site. Our definition of an adult site is a web site that sells memberships to access adult images, video, and/or other media, or a site that is solely setup to distribute adult images and video. Most adult sites in general tend to have a heavy load on the server because they attempt to attract as much traffic as possible to the site and the visitors to these sites in turn download a high volume of files. We avoid hosting any sites that may have an adverse effect on the performance of our servers and the sites they host.
The Customer expressly understands and agrees that WiNC is not liable for legal action taken against Customer sites that have content featuring nudity and/or of a sexual nature. If you're still not sure how we would classify your site, then contact us, referencing the url of your site and we'll let you know if it is the type of site that we can host.
Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mail bombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission or attempting without authorization to enter into a secured computer system. WiNC reserves the right to determine what internet abuse is.
Unsolicited advertising via email and/or "Spamming" is a violation of State and Federal Law and is otherwise a violation of this agreement. This includes referencing domains hosted on WiNC servers in said spam. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. WiNC reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. In addition, WiNC has the right to charge one dollar (US$1.00) per email recipient for any such activity.
Tortuous conduct such as posting of defamatory, libelous, slanderous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights.
Any other misuses of the system resources, such as employing posts or programs which consume excessive CPU time, memory, or storage space, permitting use of mail servers, mail forwarding capabilities, POP accounts, or auto responders other than for the Customer's accounts, or resale of access to CGI scripts installed on our servers.
Attempting without authorization to enter into a secured computer system. Malicious hacking, cracking or otherwise altering of a site owned and operated by another person. WiNC reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
CGI script sharing with other domains is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Internet Relay Chat software/bots, malicious software, or any other file(s) we do not approve will not allowed on our servers.
Customer installed chat rooms are not allowed on our servers. WiNC reserves the right to modify or otherwise amend these terms without prior notice or warning.
CHANGES IN TERMS OF AGREEMENT
WiNC reserves the right to change its agreement at any given time with or without notice. You will always find the most up-to-date Terms of Service on this page (http://www.winc.technology/?page=tos).
This agreement shall be governed by the laws of Bryan County within the State of Oklahoma within the United States of America. Each parties agree that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in Bryan County, Oklahoma. If any action at law or in equity is brought to enforce or interpret the provisions of this aAgreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable court costs, including attorney fees.
In the event that any term or provision within this agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid, in part or whole, for any reason, the remaining provision(s) of this Agreement shall remain in full force and effect.