PAYMENT POLICY:

As consideration for WEBPOWERPLUS' promise to provide our Customers with the best possible Service, Customer agrees to pay WEBPOWERPLUS all fees as detailed in the registration process.  Customer also agrees that, when they apply, any set-up and/or initial term fees are non-refundable, in whole or in part, even if Customer's Web hosting or other Service account shall be suspended, cancelled, or transferred prior to the end of Customer's then-current term. Any termination or cancellation by WEBPOWERPLUS or Customer shall not relieve Customer of the obligation to pay all fees accrued prior to such termination or cancellation.


Credit Card Payments:

Customer is responsible for keeping credit card information up to date. WEBPOWERPLUS reserves the right to suspend any account and its Web site if, for any reason, we are not able to process payment through the credit card provided by the member (e.g., card has expired, account number has changed). You can review and correct information through the "Update Billing Info" link in the Members Area.

Monthly Payments:

Monthly payments may be made by credit card. Your credit card will be billed each month for the Service you select. Your first payment may include a set-up fee, as indicated in the registration process. We will automatically bill your payment to the credit card you provide each month.

Quarterly Payments:

Quarterly payments may be made by credit card. Your credit card will be billed each quarter for the Service you select. Your first payment may include a set-up fee, as indicated in the registration process. We will automatically bill your payment to the credit card you provide each month.

Annual Payments:

Annual payments may be made by credit card or check. Your first payment may include a set-up fee, as indicated in the registration process. If you choose to pay by credit card, we will automatically bill your payment to the credit card you provide upon the annual renewal date. If you select to pay by check you will receive an e-mail that provides payment instructions 30 days before your annual renewal payment is due.

Payment by Check:

If Customer pays by check, restrictive endorsements or other statements on checks accepted by WEBPOWERPLUS shall have no effect.  Customer shall reimburse WEBPOWERPLUS for all administrative costs (including reasonable attorney fees) associated with collecting delinquent or dishonored payments.  At WEBPOWERPLUS' sole option, intrest chares may be added to any past due amounts at the lower of 1.5% per month or the maximum rate allowed by law.

Charge-Backs:

In the event a customer disputes our charge with their bank or credit card company for any reason resulting in a chargeback to us, we shall immediately delete the customer's account along with all web pages and e-mail messages without notice. All future accounts requested by the customer will require a signed credit card authorization form prior to any new account being opened.

Payment Dispute:

You have 90 days to dispute any charge or payment processed by WEBPOWERPLUS. If you have a question concerning a charge you believe is incorrect, please contact us at billing@WEBPOWERPLUS

Terms of Service, Use of Service, Use of Internet, our product offerings, registration, domain name registrations, and renewals, and pricing are subject to change at any time, without notice.

In addition, WEBPOWERPLUS reserves the right to cancel an account at any time for any reason including, but not limited to, a violation of our Terms of Service.

REGISTRATION:

By registering with WEBPOWERPLUS, you agree to receive special WEBPOWERPLUS offers that may arise from time to time. Should you not wish to receive any related mailings, you may unsubscribe by using our subscription settings form.

DOMAIN REGISTRATIONS & RENEWALS:

Customer agrees that WEBPOWERPLUS shall have a security interest in Customer’s data and in Customer’s Registered Name registration, and shall have the right in WEBPOWERPLUS’ sole discretion to suspend, cancel, transfer, or modify Customer's Web hosting account and Registered Name registration in the event that Customer fails to pay or otherwise breaches this Agreement. Customer understands and acknowledges that by placing Customer's Registered Name and Customer's information on WEBPOWERPLUS' servers, Customer has granted WEBPOWERPLUS a security interest in Customer's Registered Name registration and customer's data. Customer acknowledges and agrees that Customer's Registered Name is subject to suspension, cancellation, or transfer by any ICANN procedure, by any Registrar or Registry Operator procedures approved under an ICANN-adopted policy, or by any other TLD Registry Operator procedures as the case may be, for the resolution of disputes concerning the Registered Name. Customer further agrees and acknowledge that WEBPOWERPLUS owns all databases; compilations; collections; and similar rights, titles, and/or interests worldwide in the Web hosting and Registered Name databases generated by information relating to WEBPOWERPLUS and subsidiary customers, and all information and derivative works generated from the Web hosting and Registered Name databases to include but not limited to:

a. the original creation date of the Registered Name registration;
b. the expiration date of the Registered Name registration;
c. the name, postal address, e-mail address (which WEBPOWERPLUS may alias for purposes of transfers), voice telephone number, and where available, fax number(s) of the technical contact, administrative contact, zone contact, and billing contact for the Registered Name registration;
d. any remarks concerning the Registered Name that appear or should appear in the WHOIS or similar database;
e. any other information WEBPOWERPLUS generates or obtains in connection with the provision of Registered Name registration and/or Web hosting services.

Customer agrees that any and all costs for domain name registrations or renewals shall be paid in advance.

Customer understands and accepts that any request for a domain name registration or renewal is no guarantee that such Customer will receive the domain name that has been requested to be registered or renewed. Customer understands, accepts and appreciates the risks associated with circumstances and vulnerabilities generally affecting the Internet and e-commerce in general. Customer waives any and all claims it may have against WEBPOWERPLUS for, and hereby releases WEBPOWERPLUS from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name in such circumstances.

In the event that WEBPOWERPLUS chooses to accept a request for a domain name registration or renewal that requires a change of domain name registrar, Customer agrees to be solely and completely responsible for compliance with those registrars. Customer agrees to be responsible for compliance with any reseller policies in connection with a request to WEBPOWERPLUS to renew a domain name that had previously been registered through a reseller. WEBPOWERPLUS shall have no liability or responsibility resulting from a delay, inconvenience or expiration of a domain name as a consequence of the member's failure to comply with the terms, conditions and/or procedures of such domain name change registrar or reseller.

WEBPOWERPLUS bears no responsibility or obligation to notify Customer of any approaching domain name expiration dates. The member agrees to bear complete responsibility for such deadlines.

USER DATA:

Pursuant to WEBPOWERPLUS' Privacy Policy, WEBPOWERPLUS may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the Terms, or under any of the other circumstances set forth in the WEBPOWERPLUS Privacy Policy, as may be amended from time to time.
 

SERVICE AND CONTENT:

WEBPOWERPLUS makes no guarantee as to the availability of or access to (a) its Web site, (b) any member website or other website, information or material hosted by WEBPOWERPLUS, or (c) the products and/or services available on or through any of the above.

WEBPOWERPLUS is not responsible for the content of any Web page hosted on WEBPOWERPLUS, and the opinions and views expressed in the Web pages hosted on WEBPOWERPLUS do not necessarily reflect those of WEBPOWERPLUS. The contents of the Web pages hosted on WEBPOWERPLUS are not monitored or reviewed in any way before they appear on WEBPOWERPLUS.

WEBPOWERPLUS reserves the right to disable any scripts or other technology used by a member which has or could have a negative impact on the performance of WEBPOWERPLUS' systems, e-mail capabilities and/or hosting environment.

LEGAL USE

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.

PLATFORM COMPATIBILITY:

WEBPOWERPLUS will make every effort to maintain compatibility with a wide range of browsers, operating systems and individual user settings, but we cannot warrant that all of our services, tools and pages will perform optimally with every configuration. For best results, we recommend accessing WEBPOWERPLUS services through a PC running Windows 98, 2000 or XP, and using Microsoft Internet Explorer 5.0 or higher as a browser. We also recommend monitors set to a minimum of 256 colors, screen widths of at least 800 pixels, and ISDN or broadband connections.

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.

Interaction With WEBPOWERPLUS Staff:

Any threat, vulgar and profane language directed at any WEBPOWERPLUS staff member through phone or email may result in immediate termination of an account. Any violation of this policy by any employee, contractor or third party programmer of WEBPOWERPLUS should be reported immediately.


Material and Product Requirements:

1. Customers must ensure that all material and data placed on WEBPOWERPLUS' equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation on WEBPOWERPLUS' part. We shall make no effort to validate this information for content, correctness or usability.

2. Use of WEBPOWERPLUS' facilities requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use of the facilities. Customers are responsible for having this level of expertise. It is not the responsibility of WEBPOWERPLUS to provide this knowledge or customer support outside of the service defined in the Service Agreement.

3. Customers will use only legal and properly licensed software on any equipment located on WEBPOWERPLUS' premises.

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.
 

General:

THE USE OF SERVICE POLICY DEFINES THE ACTIONS WHICH WEBPOWERPLUS CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY PROHIBITED. THE EXAMPLES SET FORTH IN THIS POLICY ARE NON-EXCLUSIVE, AND ARE PROVIDED SOLELY FOR GUIDANCE TO WEBPOWERPLUS´ CUSTOMERS.

LIABILITY LIMITATION:

CUSTOMER AGREES THAT ALL ACCESS AND USE OF WEBPOWERPLUS AND THE CONTENT THEREOF IS AT THEIR OWN RISK. IN NO EVENT SHALL WEBPOWERPLUS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF CUSTOMER'S ACCESS, USE OR INABILITY TO ACCESS OR USE (a) WEBPOWERPLUS AND/OR ITS CONTENT, (b) ANY TOOLS OR SERVICES ON WEBPOWERPLUS, (c) ANY OTHER WEBPOWERPLUS CUSTOMER WEBSITE OR ANY CONTENT ON SUCH WEBSITES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. CUSTOMER'S SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEBSITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY CUSTOMER, OR ANY OTHER USERS OF THE INTERNET, IS TO STOP USING WEBPOWERPLUS.

WARRANTY LIMITATION:

WEBPOWERPLUS AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL CUSTOMERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH WEBPOWERPLUS IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY WEBPOWERPLUS.

WEBPOWERPLUS does not necessarily endorse, support, sanction, encourage, verify or agree with the content, comments, opinions or statements hosted by WEBPOWERPLUS customers, banner exchange participants, advertisers, vendors or partners. Information, products, and services offered, sold or placed online belong to the respective companies or individuals who place them there and are not representative of WEBPOWERPLUS.

SEVERABILITY:

If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.

WAIVER OF JURY TRIAL:

Both CUSTOMER, and WEBPOWERPLUS hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of these Terms. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court, and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. CUSTOMER, and WEBPOWERPLUS each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings. Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.

GOVERNING LAW:

These Terms shall bind and benefit the successors and heirs of the parties. By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you consent to the federal and state court of the Commonwealth of Pennsylvania having jurisdiction over you. This Agreement shall be governed by the laws of the State of Pennsylvania in the USA without regard to such State's laws and rules concerning conflicts of laws. Each party agrees 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 Lehigh County, Pennsylvania. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and Services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.