WEBPOWERPLUS services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States Federal, State or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, or libelous, promotes gambling, or is in any way a violation of intellectual property laws. No material may be published on Web pages hosted by WEBPOWERPLUS that would commonly be considered "indecent" or "appealing to the prurient interest" also commonly referred to as "adult" material, nor will any links to such Web sites be tolerated within the Web pages hosted by WEBPOWERPLUS.

Much of the content and many of the goods and services offered on or through WEBPOWERPLUS are provided by third-parties. When you access such content or purchase such goods or services, you are contracting with a third-party, and not with WEBPOWERPLUS. WEBPOWERPLUS makes reasonable commercial efforts to assure that affiliated third-parties are reputable but cannot guarantee the content, goods and/or services that they provide.

If you experience a problem with the content, goods and/or services accessed from a third-party through WEBPOWERPLUS, please notify us at complaint@WEBPOWERPLUS. Complaints may be investigated by WEBPOWERPLUS but WEBPOWERPLUS is under no obligation to act or not act with regards to any complaint. Any action taken on a complaint will be at the sole discretion of WEBPOWERPLUS.

No Spam Policy:

As a provider of Internet network services and management, WEBPOWERPLUS considers it an obligation to put an end to Spam. We respect your need for efficient, cost-effective and interruption-free services, and to protect this service, we have the following Spam policy:

Any WEBPOWERPLUS customer willfully responsible for Chain Letters, Sourced Spam or for Caused Spam will have their account terminated without notice and no refund of pre-paid hosting fees for the offending account. No new accounts will be permitted for any customer previously found to be in violation of our Spam policy.

For purposes of this policy, the following definitions apply:

• Excessive Volume: More than 250 email messages sent in a one hour period, unless the software used to send such messages was WEBPOWERPLUS' Mailing List Manager in which case no more than 2,500 messages can be sent in a one hour period with a daily limit of 10,000 messages.

• "Chain" letters: Commercial solicitations where no prior commercial relationship exists and where the recipient has not previously initiated communication. Religious, philosophical, or charitable solicitations or fliers where the recipient has not previously initiated communication.

• Sourced Spam: Each and every Unsolicited Email Message that is sent through a single WEBPOWERPLUS supplied email account whenever that single email account originates an Excessive Volume.

• Caused Spam: Each and every Unsolicited Email Message, sent in an Excessive Volume by any party over any network to any party, which advertises or mentions a site hosted by a WEBPOWERPLUS customer on the WEBPOWERPLUS network, whenever directly caused by the actions of a WEBPOWERPLUS customer.

• Spamware: Promotion of any type of bulk e-mail software, spam tools, or mailing lists without the express authorization of distribution from its subscribers shall constitute a violation of our No Spam policy.

WEBPOWERPLUS also reserve the right to remove members who send mass/spam news postings, as well as any accounts advertising or distributing software or services that may contribute to news or e-mail spamming. WEBPOWERPLUS reserves the right to report such violations to the proper government authorities, as well as Internet service providers, and Internet control organizations, including, but not limited to, UUNet and Navisite. To report spam, please forward the spam with all original headers to abuse@WEBPOWERPLUS.

WEBPOWERPLUS prohibits all scripts that automatically update a links listing and are submitted to by automated programs, either by design or by use. Use of these scripts is grounds for termination of your WEBPOWERPLUS account without any prior notice.
It is a violation of these Terms for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in WEBPOWERPLUS' sole discretion. Further, WEBPOWERPLUS shall report, and you shall waive all rights to privacy, to the extent permitted by law, all such misuses and fraudulent uses as determined by WEBPOWERPLUS in its sole discretion to appropriate government authorities, credit reporting services, financial institutions and credit card companies.

It is a violation of these Terms for you to attempt to breach or to breach the security or firewall systems of WEBPOWERPLUS, its Internet access provider, or its Affiliates. If you become aware of such an attempt to breach or actual breach, please notify us at abuse@WEBPOWERPLUS. Complaints may be investigated by WEBPOWERPLUS but WEBPOWERPLUS is under no obligation to act or not act with regards to any complaint. Any action taken on a complaint will be at the sole discretion of WEBPOWERPLUS.


LIMITS ON BANDWITH USAGE:

Data transfer is limited to a monthly maximum dictated by your level of membership and additional purchases. In the event that you exceed your bandwidth limitation, you may be contacted by Support and given an opportunity to expand your bandwidth limitation.

WEBPOWERPLUS reserves the right to terminate in its sole discretion any WEBPOWERPLUS Web site because of the traffic or bandwidth requirement of such Web site exceeds the limitations for Bandwidth usage specified in Service Plan contracted for; in the event such website's usage creates other operational or technological problems; suspend visitor access to the account until the next calendar month OR upgrade your membership to the next higher membership level that is sufficient to satisfy your Bandwidth usage during the month in which you exceeded such limit. Thereafter, your monthly membership fee would be revised accordingly to the posted monthly for such membership level.

INTELLECTUAL PROPERTY INFRINGEMENT:

It is WEBPOWERPLUS' policy to protect the intellectual property rights of others and to act expeditiously upon notice of claimed infringement, to investigate and to take appropriate actions. WEBPOWERPLUS will terminate all members and users who repeatedly infringe on intellectual property laws, such as:

1. Utilize the service to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
   
    

2. Utilize the service to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
   
    

3. Utilize the service to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law; or
   
    

4. Utilize the service in any manner that violates applicable law.

Use of Service

WebPower Plus expects that Customer will use the Internet with courtesy and responsibility, and be familiar with, (and practice) good Internet etiquette. By adhering to the following policies, our Customers are protecting the rights and privileges of all Internet users.

Customers must provide or update WEBPOWERPLUS with accurate and up-to-date contact and billing information. Providing false information on our signup forms, contracts, or any of our on-line application forms (including the fraudulent use of credit card numbers) is immediate grounds for termination, and may subject the offender to civil and/or criminal liability.

Customers are prohibited from transmitting on or through any of WEBPOWERPLUS facilities any material that is, in the sole discretion of WEBPOWERPLUS, unlawful, abusive, threatening, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.

Customers may not utilize the service in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Customers may not:
 

1. Utilize the service to cause denial of service attacks against WEBPOWERPLUS or other network hosts or Internet users or to otherwise degrade or impair the operation of our servers and facilities or the servers and facilities of other network hosts or Internet users.
   
    

2. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any of our systems, facilities or equipment.
   
    

3. Utilize the Services to gain unauthorized access to the computer networks of WEBPOWERPLUS or any other person.
   
    

4. Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code.
   
    

5. Utilize the service to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames).
   
    

6. Utilize the service to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services.
   
    

7. Utilize the service to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator).
    

8. Utilize the service to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam.
   
    

9. Utilize the service in any manner that might subject WEBPOWERPLUS to unfavorable regulatory action, subject WEBPOWERPLUS to any liability for any reason, or adversely affect WEBPOWERPLUS’s public image, reputation or goodwill, including, without limitation, sending or distributing illegal, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by WEBPOWERPLUS in its sole discretion.
   
    

10. Utilize the service in any other manner to interrupt or interfere with the Internet usage of other persons.

Email

1. Harassment, whether through language, frequency, or size of messages, is prohibited.

2. Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email.

3. Customers are bound by the WEBPOWERPLUS "No Spam Policy".

4. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.

5. Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.

6. Forging of header or any other information is not permitted.

7. Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.

8. WEBPOWERPLUS accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.