Updated: February 3, 2017
Acceptance of Terms
In this Agreement, when we say “you”, “your”, “Client”, “Agency”, “Organization”, “Company”, “user”, and “Customer”, we mean the owner of the Williams Web Solutions Account and the person or entity utilizing the Service. When we say “we”, “ours”, “us”, “Provider”, “WWS”, and “Williams Web Solutions”, we mean Williams Web Solutions.
This Agreement may only be modified or supplemented by Williams Web Solutions, and we reserve our right to amend or supplement this Agreement at any time, at our discretion. We may also post rules and guidelines applicable to specific products or services to the various areas of our Website that describe them. You are responsible for reviewing this Agreement and our Website for any rules or guidelines applicable to specific areas of our Website and any amendments or supplements to this Agreement, change in our rates or change to the Service ("Changes"). If at any time, you do not agree to the terms of this Agreement or any of the policies on our Website, please discontinue use of the Service immediately and close your account(s). We'll miss you, but we'll understand. Your continued use of the Service after Williams Web Solutions’ posting of any Changes constitutes your acceptance and agreement with the Changes and all Changes shall supersede any previous agreement between you and Williams Web Solutions. Notice of any Changes shall be considered given and effective on the date that we update our Website with said Changes. You must periodically review this Agreement to ensure you know of any changes.
Registration and Account Ownership
When you sign up for a Williams Web Solutions Account, you will be required to provide us enough necessary information that may include, but is not limited to, the full legal name for contact purposes, company name (if applicable), telephone number, email addresses, and mailing address. When you agree to utilize Williams Web Solutions’ Services, you represent that (1) the information you are providing is true, accurate, current, and complete; (2) you will maintain and promptly update your contact and company information to maintain its accuracy and completeness; (3) you and all representatives from your Agency are over the age of 18 and are of the legal age in your state and country required for entering into contractual obligations, such as this Agreement; (4) by you registering you are the designated personnel who can make financial commitments and legal obligations to fulfill this Agreement; and (5) your use of the Service will not violate any applicable laws. You may update your Agencies contact or billing information by telephone, email, or postal mail. If we discover, are made aware of, or have any reasonable suspicion to the belief that any of the Account Information is untrue, inaccurate, not current, or incomplete, or communication received by you is considered vague, at our sole discretion, we may suspend or close your Account, delay in providing Service to you, or delay in resolving any concerns or issues you may have.
To help us provide prompt, reliable, and quality service, we recommend that you provide us complete contact information including direct contact information (point of contact) which we can reach you. Regardless of your Company’s title or position, you will be designated as the main contact and will assist us with resolving any issues to provide your Service or to remedy any billing questions or situations.
Requests for additional IP (Internet Protocol) addresses can only be complied when you have occupied the initial IP addresses with an SSL, HTTP 1.0 site, for streaming purposes, or for name servers. Desiring multiple IP addresses to load balance, spread the work, and/or neglecting to disclose the true purpose or intent of the server--either before or shortly after the purpose of the server--does not entitle you to a refund nor do we have to comply in providing you with the desired number of IP addresses.
We offer a variety of channels through which you can reach us for support to help you utilize the Service. We may be reached through the following channels: telephone, online chat, email, and SMS (text) messages. Response times may vary. Not all channels of support are available at all times. All inquiries are handled in the order in which they were received and based on severity levels. Williams Web Solutions does not guarantee availability or accessibility of all the channels. We reserve the right, in our sole discretion, to change, replace, or entirely cease offering support through any one or all of the channels at any time for any reason or no reason and without prior notice.
Although we offer prompt and courteous Service and Support, some matters may require time to obtain an answer or resolve any issues you may experience. We attempt to make best efforts in resolving all questions and issues as quickly as possible.
We pride ourselves on being able to provide quality customer support through a variety of channels. We maintain a zero-tolerance policy with regards to abuse of our support system. Abuse of our support system may include, but is not limited to, engaging in any threatening, abusive, offensive, defaming, harmful, profane, harassing, or unreasonable excessive communication (whether written or oral) with Williams Web Solutions directly or indirectly. Any abuse of our support system or declaring it on online or publicly viewable websites—local online directories, chat boards, forums, blogs, news agencies, etc.—whether originating from the Account owner or persons involved—family, friends, employees, employers, shall constitute a breach of this Agreement, your Account will be subject to closure with immediate effect and without prior notice, and you may be subject for suit or restraining order for defamation of character, harassment, or slander.
Acceptable Use Policy
You agree to use the Service for lawful purposes only. The laws of the State of Texas and the United States of America apply to this Agreement and your use of the Service. In the interest of maintain a functional, high-class, professional Service, we have a few other conditions for users of our Service.
The following represents a partial listing of activities that are prohibited when using the Service, any one of which has the potential to result in suspension of service without prior notice. Without limitation and in no particular order, the Service may NOT be used to host, display, post, propagate, upload, download, transmit, transfer, disseminate, distribute, reproduce, sell, link to nor facilitate access to:
- Any Content or website that contains material that, in our judgment, is intended to promote illegal activities, is unlawful, threatening, obscene, abusive, harassing, defamatory, slanderous, libelous, hateful, or that violates any section of this Agreement;
- Any Content or website that contains private or confidential information, including, but not limited to, your or any other person’s or party’s credit card information, social security number, or other national or state identity number, non-public telephone number, address, or email address;
- Any Content or website that, in our judgment, is child pornography, child erotica, indecently depicts children, or that poses any harm or potential harm to any child;
- Any Content, website, or files that is used to obtain access to other websites or services provided on our servers or network or attacks or attempts to gain access onto other servers, networks, or network;
- Any Content or website that contains material that, in our judgment, is pornographic, sexually explicit, obscene, or violent in nature;
- Any Content or website that is set up to function as an open http proxy;
- Any Content or website that is designed or used to commit or facilitate any “phishing” attack;
- Any Content or website that contains any malware, including, but not limited to, software viruses, Trojan horses, worms, time bombs, or any other computer codes, files, or programs designed to interrupt, destroy, impair, or limit the functionality of any computer software, hardware, telecommunications equipment, or other device or equipment;
- Unsolicited or bulk email (SPAM), including, but not limited to, using the Service’s SMTP service or mail script to send out SPAM over our networks or other systems with a message referencing their website. SPAM is defined in paragraph (C)(3)(c).
- SPAM or bulk email includes, but is not limited to, the sending of solicited or unsolicited email often in abundance. To be clear, we do throttle the amount of email that leaves from your email account or server. Limits remain in force unless deemed necessary and only at the discretion of Williams Web Solutions. Industry standard recommends no more than 30 recipients in an email and typically—depending on the number of email accounts or Service you have—have hour limitations of so many messages within an hour or within a 24-hour period. We have these limitations to maintain compliance, provide quality service, not be listed on blacklists, and to keep things “fair” for other users.
- “Snowshoe spamming” (which, generally, is an abusive technique used to send SPAM from a variety of IP addresses in an effort to spread out the SPAM load);
- Any Content or website that is, in our judgment, designed to function as a farming bitcoin, bitorrenting, pirated software website, or illegal or unlicensed software or ‘warez” website;
- Any Content or website that is, in our judgment, designed to function as a “Tor relay” service or website;
- Any Content or website that contains URL shortener validation software;
- Any Content or website that contains or facilitate access to any material that is prohibited by Williams Web Solutions;
- Any Content or website that contains content that infringes on any right of any person or party, including but not limited to a person’s or party’s right to privacy or intellectual property rights;
- Any Content or website that, in our judgment, is designed or used to exploit, extract, or otherwise gather any content or information from any Williams Web Solutions database, including, but not limited to, incorporating data from any Williams Web Solutions database into any email or “white pages” products or services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise;
- All dedicated and virtual dedicated servers are set with an auto shut off to avoid bandwidth overage. If additional bandwidth is needed, Client must submit any requested information by Provider in writing for the need of the extra bandwidth. Client will also understand that any overage or additional bandwidth requested will require payment for that amount of bandwidth with an increased monthly cost included with your invoice.
- Any Content or website that, in our judgment, is designed for, used to, operated as, or for purposes of topsites; IRC scripts/bots; IRCD (irc servers); proxy scripts/anonymizers; image hosting scripts (similar to Photobucket or Tinypic); AutoSurf/PTC/PTS/PPC sites; IP scanners; bruteforce programs/scripts/applications; mail bombers/spam scripts; banner-ad services (commercial banner ad rotation); file dump/Mirror scripts (similar to rapidshare); commercial audio streaming (more than one or two streams); escrow/bank debentures or bank debenture trading programs; high-yield interest programs (HYIP) or related sites; investment sites (e.g. FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme); sale of any controlled substance without prior proof of appropriate permits; prime banks programs; lottery/gambling sites; MUDs/RPGs/PBBGs; hacker focused sites/archives/programs; fraudulent sites (including, but not limited to sites listed at aa419.org & escrow-fraud.com); push button mail scripts; broadcast or streaming of live sporting events (e.g. UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc); "tell a friend scripts"; anonymous or bulk SMS gateways; websites advertised via SPAM ("Spamvertised"); organization, entities or websites listed in the ROKSO database; PayDay loan sites (including any site related to PayDay loans, PayDay loan affiliate programs, etc); or mailer pro.
- Any Content that, in our judgment, is questionable or that is found to breach any section of this Agreement or any law to which Williams Web Solutions is subject, to any degree, may be removed from our servers (or otherwise disabled), in our sole discretion, with or without notice and without obligation. Your Service may also be suspended or closed in any such case.
We encourage our users to maintain complex—difficult to guess—passwords containing a combination of upper case and lower case letters, a number, and/or a special character. If we discover your account—was compromised, we will immediately either (a) change the password and notify you or (b) change the password and suspend the account if we feel your service may had been compromised. Compromises may include, but not limited to, your computer becoming infected with a virus and sending out mass (bulk) emails.
We are available to help retrieve passwords for certain Services; however, you are required to and solely responsible for maintaining the confidentiality and security of the passwords used to access your Service. Conditionally all activity will be considered by you unless we are notified of a compromise of your Service. Williams Web Solutions shall not be liable for any loss or damage arising from or otherwise related to your failure to maintain control of your computers, network, or Accounts whether due to your own negligence or for any other reason.
Billing and Payment Remittance
Williams Web Solutions takes account security very seriously. This is why Williams Web Solutions does not provide account information online and will not release account balances to any other persons other than the verified designated Account contacts or owner of your Agency.
We offer typically two billing terms: month to month or annual. Both terms are pre-paid and always assumes unless notified by phone or in writing that service continues indefinitely. You may request to change the billing term for a hosting Service from annual to monthly and vice versa. You are welcome to remit “double payments” or a larger payment at any time; however, you are considered obligated to use the service for the full term of the payment term.
Payments are always due on or before the due dates indicated on the invoices. If payment is not made on or before the due date, Services may be suspended when the invoice is 15 days past due and a $30 late fee will be applied at 10 days past due. Service will not be reinstated until the full balance is remitted. Full payments are always accepted. Partial payments, although accepted, will still consider your balance unpaid and may continue suspension of service until the full balance is paid in full. If your account has a late fee of $30, your service will still remain suspended until both the balance and the late fee has been paid in full.
All payment remittance to Williams Web Solutions must be in U.S. dollars (“USD”) only. Preferred methods of payment are cash, check, money order, wire transfer, or cashier’s check. Other methods of payment accepted are either major credit card (Visa, MasterCard, Discover, and American Express) or PayPal. When paying by credit card, your payment is not fully received until payment has been cleared by our bank within 1-2 business days. When paying by PayPal, your payment is not fully received until payment has been cleared by our bank within 2-4 business days. Payments accepted by credit card or PayPal may delay activation of new Services. Payment attempts made by credit card that declines may result in suspension of Service or non-activation of new Service. If, during our attempts to obtain payment from you lapses into a past-due status, the entire Account may be suspended or closed for nonpayment. After a duration of time with payment attempts made to resolve the past due status are unfulfilled, all files, emails, records, etc. will be destroyed without notice leaving only your payment history.
Your Account is considered past due if Williams Web Solutions does not receive payment up to 10 days after the due date indicated on the invoice. Your Account is considered delinquent if Williams Web Solutions does not receive payment any time after the 10 days past the invoice’s due date. After the 10 days that your account is past due, a $30 late fee will be applied. Late fees must also be paid with your balance to restore service.
We reserve the right to change our fees or prices at any time and the new pricing method will be publicly displayed on our Website. Further, we reserve the right to increase or decrease the amount of resources given to plans at any time for any reason or no reason. If during the period between the invoice date and due date a concern is not raised about the new or adjusted prices, you are obligated to remit payment for the amount indicated on the invoice.
All stop payments and bad checks (NSF checks) will have a $30 fee applied to the balance and payment must be remitted in another form and must include the full balance with the fee.
Cancellation, Credits, and Refunds
Cancellations must be made by phone or in writing within 30 days prior to the date you desire for service to be suspended or terminated. You are obligated to remit payment for all past due and current due invoices by the termination date. If Service is cancelled due to non-payment for any reason, you are still obligated to remit payment for the full balance. If a cancellation request is less than the 30-days prior to the date the server’s payment is due, you may be financially responsible to remit payment for the next month of service even if you cancel service and will no longer use the server.
Cancellation of domain registrations, SSLs, virtual-private servers, and dedicated servers at any time does not entitle you to a refund or credit.
Credits are only applied toward future invoices for future Services provided and not toward a refund sent to you. Williams Web Solutions will make the sole decision of which invoices the credit is applied toward and will make the necessary adjustments on our side before submitting future invoices. Credits are not available to be used at your leisure.
If any refunds are awarded, it will only be in the form of a cashier’s check.
If your account is in good standing and you notify us within 30 days in writing or by phone that you wish to cancel service; although we’ll be sad to see you go, we understand and your account will be closed with a zero balance.
If you cancel service with a remaining balance, all past due invoices are to be paid in full and any current invoices for active service are to be paid in full. Any invoices mailed to you for a future month are voided. If you cancel service and have paid for an annual hosting term, you are not entitled to a refund and it is the discretion of Williams Web Solutions to issue you a refund.
By failing to abide by this Agreement, Service may be temporarily or permanently suspended immediately and all balances are to be paid in full.
All domains and SSLs we resell are purchased through GoDaddy. Our offsite backup service is provided by iDrive. We do accept domain transfers in (there, though, is a fee for transferring a domain into our management). We will transfer domain names out ONLY when Client has made us aware of the transfer and only to a reputable domain registrar. We will refuse any automated domain transfer requests if we were not aware of a domain name transfer. We are not responsible to refund or issue a payment for a failed domain transfer. Domains and SSLs are renewed annually.
Migration of Your Site or Data
Williams Web Solutions can be hired to assist with the migration and set up of your website or software for your Service. We will provide you our hourly rate.
Backup of Data
Unless you are paying for an archive or backup service, WE NOT BACKUP WEBSITES, EMAIL, OR YOUR SERVERS. You are responsible to acquire your own backups methods or pay for a backup service provided by us. Please see our Service Level Agreement for more details.
Digital Millennium Copyright Act (DMCA) and Trademark Infringement
You may not use the Service in any manner that infringes upon any copyright or trademark. Such infringement may include, but is not limited to selling counterfeit goods, unauthorized copying of photographs, books, music, videos, or any other copyright protected work. We do not review or analyze your Service for copyright infringement and; therefore, we are not held responsible to remit any compensation or consideration for a Client who violates copyright or trademark.
The Williams Web Solutions Website, including all text, HTML, scripts, and images are copyright 2007-2017. All rights reserved.
Disclaimers (Warranties and Limitation of Liability)
The Service is provided “as is” and our exposure to you is limited.
WILIAMS WEB SOLUTIONS SPECIFICALLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRONGEMENT. THIS INCLUDES LOSS OF DATA, INCOME, OR SALES RESULTING FROM DELAYS, NON-DELIVERABLES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CASUSED BY PROVIDER OR BY CLIENT. PROVIDER DOES NOT WARRANT THAT THE SERVICE OFFERED OR PROVIDED BY PROVIDER IS FREE OF BUGS, ERRORS, DEFECTS, VIRUSES, OR DEFINCIES. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER’S SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSS OF INCOME DUE TO DISTRUPTION OF SERVICE, BEYOND ONE MONTH OF FEES PAID BY CUSTOMER TO PROVIDER FOR SERVICE, DURING THE PERIOD OF DISRUPTION OR MALFUNCTION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DEFECTS IN THE SERVICE IS AS SET FORTH IN THIS SECTION OR IN THE SPECIFIC SERVICE LEVEL AGREEMENT, IF ANY, APPLICABLE TO THE SERVICE YOU ARE USING.
WILLIAMS WEB SOLUTIONS’ SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WILLIAMS WEB SOLUTIONS SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL WILLIAMS WEB SOLUTIONS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WILLIAMS WEB SOLUTIONS’ SERVICE) ARISEING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF WILLIAMS WEB SOLUTIONS SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WILLIAMS WEB SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES BUT IS NOT LIMITED TO ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE WEB HOSTING SERVICE, THE USE OF WEB HOSTING SERVICE, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO WILLIAMS WEB SOLUTIONS’ WEB HOSTING SYSTEM, THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND WILLIAMS WEB SOLUTIONS, LOSS OR LACK OF EMAIL COMMUNICATION BETWEEN YOU AND ANY PARTY, EVENTS BEYOND WILLIAMS WEB SOLUTIONS REASONABLE CONTROL, THE NON-RECOGNITION OF THE WILLIAMS WEB SOLUTIONS WEB HOSTING SERVERS, THE FAILURE OF YOUR OR YOUR AGENT TO PAY ANY FEES HEREUNDER, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.
IN NO EVENT SHALL WILLIAMS WEB SOLUTIONS’ MAXIMUM LIABILITY EXCEEED THE TOTAL OF ONE MONTH’S INVOICE PAUD BY YOU TO WILLIAMS WEB SOLUTIONS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, WILLIAMS WEB SOLUTIONS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Customer agrees to defend, indemnify, and hold Williams Web Solutions and its affiliates, directors, officers, partners, agents, and employees harmless from and against any and all claims, obligations, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees and costs) incurred by Williams Web Solutions arising from or due to any claim, action, dispute, or demand made by any third parties (including customers of Customer) that are related to or arising out of your use of the Service or from your placement or transmission of any materials or Content onto Williams Web Solutions’ servers. Such liabilities may include, but are not limited to: (1) false advertising claims against Customer (or customers of Customer), (2) liability claims for services sold by Customer (or Customer’s customers), (3) infringement or misappropriation of intellectual property rights, (4) violation of rights of publicity or privacy, defamation, libel, slander, obscenity, or child pornography, (5) spamming or any other offensive or harassing or illegal conduct (including but not limited to any violation of our acceptable use policy, as set forth in this Agreement), or (6) any other damages arising from your equipment, your business, or your use of the Service.
Williams Web Solutions shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, wars; or lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.
End of Life Policy
We reserve the right to cease offering or providing the Service at any time, for any reason or no reason, and without prior notice. Notwithstanding the foregoing, although Williams Web Solutions makes great effort to maximize the lifespan of all its software and hardware, due to the ever evolving landscape of technology, there are times when a product or service we offer will be discontinued or reach its End-of-Life ("EOL").
In the event that any product or service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the product or service by migrating to a new product or service before the EOL date, or by entirely ceasing reliance on said product or service before the EOL date. Should you fail to so act, we may, with or without notice, migrate you to the most up-to-date version of the product or service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
Compliance with Law
You agree that you will use the Service offered by Williams Web Solutions in a manner that is consistent with all applicable U.S. local, state and federal laws and regulations, regardless of whether or not you are a citizen of the United States. Customers found to be using our systems for illegal activities, including but not limited to breaking into remote systems, phishing, credit card fraud, theft, will have their accounts closed with immediate effect, without prior or further notice, and without refund of any fees. You are solely responsible for determining what laws and regulations are applicable to your use of the Service.
It is our policy to cooperate with law enforcement and administrative agencies, but we don't just roll over and give them all of your info. Upon lawful request from a law enforcement or government administrative agency, Williams Web Solutions may, without notice to you or your consent, provide the information requested by such agency to that agency.
Any party's failure to insist on compliance or enforcement of any section of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that section or of any other section of this Agreement.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes and cancels any other agreements, proposals, communications and understandings, whether written or oral, between Williams Web Solutions and you, other than as explained or incorporated by reference in the preamble of this Agreement.