By opening an account with WWW Internet Solutions, Inc. (dba ISOCNET) you agree to abide by the following Terms and Conditions:
1. Definitions
1.1 WWW Internet Solutions, Inc. will be referred to as "The Provider" in the following terms and conditions.
1.2 The user will be referred to as "The Subscriber" in the following terms and conditions.
1.3 All currency mentioned in this document or on any content page of The Provider's web site shall be defined in U.S. currency or U.S. dollars (USD).
2. Provider Liabilities
2.1 The Provider exercises no control whatsoever over the content of the information originating outside of its systems or passing through it. Use of any information obtained via The Provider is at The Subscribers own risk.
2.2 The Provider specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
2.3 No warranty is made by The Provider regarding any information, services or products provided through, in connection with, or located on the computer systems of The Provider or other services provided by The Provider. The Provider disclaims any and all warranties of any kind, whether expressed or implied, for the service it is providing. Provider is not responsible for any damages The Subscriber's business may suffer as a result of services obtained from The Provider.
2.4 The Subscriber agrees to indemnify and hold harmless The Provider, its directors, officers, shareholders, agents and employees, and its other subscribers from any and all claims, costs, expenses, judgments, liabilities, causes of actions, attorneys' fees, litigation and court costs resulting from The Subscribers use of The Provider's services in any manner, whether directly, indirectly or by any act of commission or omission.
3. Subscriber Responsibilities
3.1 The Subscriber certifies that either he or she is of at least 18 years of age or has the consent of his or her legal guardian.
3.2 The Subscriber will not share their user information in whole or in part with any third party, including but not limited to their username, login name or password for any service offered by Provider. Please note, The Provider will never request the Subscriber to provide their user information such as username, login name and/or password via email.
The Subscriber is fully responsible for any and all account activity by the Subscriber and/or anyone Subscriber allows service access whether intentional or not. It is The Subscriber’s sole responsibility to protect their user information and account access. Failure to do so is a clear violation of the Provider’s Terms and Conditions and Subscriber must bear the consequences as outlined within.
3.3 It shall be the responsibility of The Subscriber to keep The Provider informed of any changes to The Subscriber's information so that all information is valid and up to date at all times. This shall include mailing address, phone numbers and credit card information. This information may be submitted by email, fax or telephone in that order of preference.
3.4 Any liability of The Provider, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of or unauthorized access to, alteration of, or use of data whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid by or on behalf of The Subscriber to The Provider for the current month.
3.5 The Subscriber is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to (1) the subscribers use of any of The Provider's services, and (2) the communication means by which The Subscriber connects to The Provider services or any other service provided by The Provider. The Provider may only be used for lawful purposes.
3.6 The Subscriber is prohibited from transmitting on or through any of ISOCNET's services, any material that is, in ISOCNET's sole discretion, unlawful, obscene, threatening, abusive, 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. ISOCNET's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to: any material, data, matter, software/software code, intellectual property, protected by copyright, trademark, privacy or other proprietary, personal or property right, trade secret, or any other statute, material legally judged to be threatening or obscene, or material protected by trade secret transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, protected material/property, data or material in violation of any national law of any sovereign nation, or of international law, the United States Annotated Code, or of any state or local law, statute, regulation or rule. The Provider reserves the right to remove such material from its servers.
3.7 The Subscriber's are prohibited from running adult sites on or through any of The Providers services or equipment.
3.8 The Subscriber agrees to educate their customers about spam so that it does not become a problem for The Subscriber or The Provider. If The Subscriber sells accounts they must provide an Acceptable Use Policy (AUP) at least as restrictive as The Provider's Acceptable Use Policy (AUP).
3.9 The Subscriber agrees to abide by the purpose and acceptable use of The Provider's policy. Use of The Provider's services to access other networks, computers, or services, must comply with the policies of these entities.
3.10 The Subscriber agrees to promptly investigate and deal with any spam or other abuse complaints reported.
4. Price and Payment
4.1 The charges payable by The Subscriber for the provision of the services are set out in the service descriptions.
4.2 Prices based on annual contracts are payable in advance and represents a commitment for twelve months of service and there are no provisions for cancellations prior to the end of the term.
4.3 Payment of all sums due to The Provider under this agreement shall be made by credit card, wire transfer, Western Union transfer, cashiers check, personal check or money order on a monthly, quarterly, semi-annual or annual basis depending on the service subscribed to by The Subscriber. Approved credit cards are American Express, Discover, MasterCard and Visa. If payment is to be made by credit card The Subscriber under this agreement, authorizes The Provider to automatically apply the appropriate prepayment charges to The Subscribers credit card for each billing cycle in accordance with 3.2 and that The Provider may apply the amount due to the provided card at any time.
4.4 The Subscriber agrees to supply appropriate payment for the services received from The Provider, in advance of the time period during which such services are provided. All payments are due by the 1st of the month. Accounts are in default if payment is not received within 10 calendar days after the date of the invoice. If The Subscribers payment is returned to us unpaid The Subscriber is immediately in default and subject to a returned check administration fee of $50.
4.5 Accounts determined to be in default will have their service suspended. Such interruption does not relieve The Subscriber from the obligation to pay the monthly account charge. If such interruption occurs, in order to reactivate an account, a reconnect fee equal to 60% of the listed setup charge for services in default with a $15.00 minimum will be applied in addition to any outstanding balances. If The Subscriber defaults, The Subscriber agrees to pay The Provider its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. The Subscriber understands and agrees that The Provider shall not be responsible for any charges or expenses that The Subscriber may incur resulting from overdrawing The Subscriber's bank account or exceeding The Subscriber's credit card limit as a result of an automatic or manual charge generated by The Provider pursuant to this authority.
4.6 Accounts in default for a period exceeding 30 days are subject to collections. Collection fees and/or expenses are the responsibility of The Subscriber as outlined in 4.5.
4.7 The Provider reserves the right to terminate the services to The Subscriber in the event of any default of payment.
5. Termination, Suspension, or Cancellation of Accounts
5.1 The Provider reserves the right to cancel service for any reason without prior notice. Prepaid service cannot be cancelled without prior written consent from The Provider and fees for such services are non-refundable. All fees paid in advance of cancellation will be pro-rated and refunded by The Provider to The Subscriber if The Provider initiates its right of cancellation and The Subscriber is NOT in violation of these Terms and Conditions. If cancellation is caused by The Subscriber and/or its client's breach of the Terms and Conditions, then The Subscriber agrees that no refund is due. Cancellations are processed at the end of the month and The Subscriber is responsible for payment for the full month of service. The Subscriber must notify The Provider in writing by mail, fax or e-mail 30 days prior to the cancel date. Monthly charges will not be pro-rated except at the time of activation of a new account.
5.2 Due to protection concerns, all account cancellations must be done in writing via US mail, e-mail or fax. Notifications of cancellation must include the company letterhead, account name, principal contact name with a valid signature, last four digits of credit card number on file and reason for cancellation. Third party cancellations are not accepted.
Upon termination, either by provider or The Subscriber, for any reason, The Subscriber is responsible for deleting his/her host registrations from domain registrar(s) within 10 business days. The Subscriber further agrees to pay The Provider all reasonable administration cost if The Provider must intervene in reregistering the host.
5.3 The Provider shall have the right to suspend or terminate service to The Subscriber, without notice at any time if The Subscriber violates the terms of this agreement. If such a suspension is to last for more than 15 days, The Subscriber will be notified as to the reason.
5.4 The Provider shall have the right to suspend or terminate service to The Subscriber, without notice at any time if any action by The Subscriber results in a loss or reduction of service event for any other ISOCNET customer.
5.5 Accounts that have been suspended for 90 days will be deleted.
6. Session Limits
6.1 The Provider reserves the right to impose session limits.
7. Improper Use
7.1 A breach of our Acceptable Use Policy will constitute a material breach of this agreement and shall entitle The Provider to terminate the agreement pursuant to 5.3
7.2 The Subscriber shall not (or authorize or permit any other party to) use the service for the transmission of any material which is in violation of any law or regulation or which is defamatory, menacing, obscene, in breach of third party intellectual property rights (including copyright) or in breach of trade secrets. Any breach of this clause will be deemed to be a material breach of this agreement and shall entitle The Provider to terminate the agreement pursuant to 5.3 and for this purpose it shall be irrelevant whether The Subscriber is aware of the content or illegality of any material so transmitted or not.
7.3 Not withstanding and in addition to 5.3 The Provider may suspend the service without notice with immediate effect if in The Provider's reasonable opinion The Subscriber is in breach of 7.2.
8. Development and Professional Services
8.1 Quotations (Estimates)
8.1.1 Quotations may be provided by ISOCNET to offer the client a guide on the projected cost of a project prior to any discovery or research for the project. All quotations will be clearly marked as such and are not an indication of the exact final cost to complete the Development Work (any application, website or other development work including but not limited to updates or changes to existing websites/applications or a complete new development project).
8.1.2 All quotations provided by ISOCNET are valid for a period of 90 days from date of issue. Quotations not accepted within this timeframe must be re-issued.
8.1.3 All quotations will need to be formalized to a Statement of Work (SOW) agreement before acceptance by either party as the final estimated cost of the Development Work. All pricing is estimated and all SOW pricing may fluctuate by ±10%.
8.1.4 All quotations are required to be accepted using the Statement of Work agreement and returned to ISOCNET within the 90 day period from date of issuance.
8.1.5 If the completed Development Work is not hosted by ISOCNET, ISOCNET will not be liable for any additional time or resources, above and beyond that already included in the quotation, required to get the completed Development Work operational with an alternative provider.
8.1.6 If the completed Development Work is not hosted by ISOCNET, ISOCNET will bill any additional time and or resources, above and beyond that already included in the quotation, required to get the completed Development Work installed on the clients host at the hourly rate that is current for ISOCNET at the time. The minimum cost for this will be 2 hours at the abovementioned rate.
8.2 Payment Terms
8.2.1 All quotations provided by ISOCNET, require a 50% deposit upon the signed acceptance of the Statement of Work.
8.2.2 ISOCNET will only commence work on the quoted Development Work once any deposited funds have cleared.
8.2.3 Prompt scheduling and the ability to keep projects on schedule is critical to ISOCNET's business. For this reason failure to respond to an ISOCNET request for information for more than 30 days will trigger the need for payment in full prior to project completion and ISOCNET will invoice at this time.
8.2.4 Failure to respond to an ISOCNET request for information for more than 90 days deems a project as complete and any and all outstanding balances become due in full at this time. Any further development work beyond this point will have to be requoted to continue.
8.2.5 Unless prior arrangement has been made, final payment is required before moving the Development Work to live status.
8.2.6 Any cost arising from payment clearings or transaction charges are solely the responsibility of the client and will be charged as such in addition to a processing fee to ISOCNET based on the then current hourly Development rate in 30 minute increments with a minimum of 1 hour.
8.3 Intellectual Property
8.3.1 Unless specified all quotations provided by ISOCNET, do not include any source code license.
8.3.2 All source code and associated intellectual property relating to said source code, developed by ISOCNET, solely remains the property of ISOCNET, except where specific code license has been issued to the client and said issuance has been indicated in writing from ISOCNET.
8.3.3 ISOCNET reserves the right to implement licensing features within the quoted Development Work, except where a code license has been issued by ISOCNET.
8.3.4 Any alteration, reverse engineering, derivative work or manipulation of any kind on the code, compiled or otherwise, by anyone other than ISOCNET, of any Development Work created by ISOCNET, without the prior expressed written approval of ISOCNET will be considered as copyright infringement in violation of U.S. Copyright Laws and will result in immediate and appropriate legal actions.
8.3.5 Any costs incurred by ISOCNET for third party code license required to complete the quoted Development Work are the responsibility of the client and will be solely borne by the client. Any such third party code license will be attached to the existing ISOCNET code license for the quoted Development Work.
8.4 Cancellations
8.4.1 Should the client wish to cancel acceptance of the quotation, ISOCNET will invoice the client for any work completed to date, as a percentage of the total work involved.
8.4.2 The minimum cancellation fee will be 30% of the accepted quotation.
8.4.3 The client must advise ISOCNET in writing of the request not to proceed with work.
8.5 Content (This includes but is not limited to any text, photographs, documents, graphics, logos or links to be included in the Development Work.)
8.5.1 Clients are required to ensure ISOCNET that the content of the Development Work provided by Client as well as that being quoted adheres to all the current Federal and State legislation including Copyright Laws regarding such materials.
8.5.2 The client shall further indemnify ISOCNET in respect of any claims, costs and expenses that may arise from any material included within the quoted Development Work by ISOCNET at the client's request.
8.5.3 ISOCNET reserves the right not to include any material supplied by the client within the quoted Development Work if ISOCNET deems said material inappropriate or offensive.
8.5.4 ISOCNET will not populate the Development Work with the final content unless said content is delivered to ISOCNET in digital format (emailed file, disc, CD or Flash Drive) prior to commencement of the Development Work. Said content, if available, will be used for testing purposes and may not be formatted exactly as required by client. If content is not available mock placeholder content will be used.
8.5.5 It is the client's responsibility, in all cases, to ensure the Development Work content is displayed and formatted as they require. If the client cannot format the Development Work content, ISOCNET will offer this service at ISOCNET's current hourly rate at the time of the request.
8.6 Permissions and Copyrights
8.6.1 The client will obtain all necessary permissions and authorities with respect to the use of all copy, graphics, logos, names and trademarks and any other material supplied by the client to ISOCNET.
8.6.2 Supply of said material by the client to ISOCNET shall be regarded as a guarantee from the client that all such permissions and authorities have been sought and obtained for said material.
8.6.3 No responsibility will be accepted by ISOCNET for damages or losses incurred by the client from the use of material for which permission or authority has not been obtained.
8.7 Errors and Liabilities
8.7.1 ISOCNET will pursue due care to ensure the Development Work created by ISOCNET is free of errors.
8.7.2 ISOCNET will correct any errors made by ISOCNET staff in the workmanship involved in the production of the quoted Development Work during the warranty period.
8.7.3 ISOCNET does not accept responsibility for losses or damage arising from errors within the Development Work
8.7.4 ISOCNET does not accept responsibility for errors, damages, losses or additional costs that relate to third party products that ISOCNET may require completing the quoted Development Work.
8.8 Alterations
8.8.1 Any alterations requested by the client after development has begun will incur extra development and regression testing time. Dependent upon the alteration or change requested an average of 3 days extra development time per alteration should be allowed for. The 3 day average may not be indicative of the time required and can be extended commensurate of the time involved to implement said changes.
8.8.2 ISOCNET will not accept responsibility for any alterations performed by the client or any third party which may cause or induce errors within the quoted Development Work. This will also void any warranty the may be in effect at that time.
8.8.3 If ISOCNET is required to correct said alterations or errors resulting from said alterations, induced, injected or otherwise caused by parties other than ISOCNET, the client will be charged at the hourly rate that is current for ISOCNET at the time said errors are to be fixed. If said errors result in an Emergency or Immediate attention that requires the fix to be placed ahead in the available development queue an additional Rush Fee equal to 25% of the total billable fee will be charged.
8.9 Completion of Work
8.9.1 All timeframes offered by ISOCNET to the client are estimates. The intrinsic nature of application development and its intricacies do not offer ISOCNET the luxury of defining definite timeframes.
8.9.2 ISOCNET will endeavor to complete all work within the estimated timeframes discussed with the client in the quotation. However, ISOCNET will not be liable for any penalties, monies or hardships otherwise incurred by the client if the Development Work cannot be delivered within the estimated timeframe.
8.9.3 ISOCNET will not release the quoted Development Work unless all payments have been met under the obligations of the quotation or Statement of Work agreement.
8.9.4 The quoted Development Work remains the property of ISOCNET until all obligations have been met for release of said Development Work to the client.
8.9.5 If ISOCNET is working as a third party to another company, said company is responsible in meeting the obligations for release of the quote Development Work to their client.
8.10 Warranty
8.10.1 ISOCNET will support and maintain original functionality delivered with the Development Work for 90 days from the go-live date of the project, including compatibility issues with all browser versions listed in the browser compatibility section of each Statement of Work. This does not include fixing compatibility issues with technology or versions of technology that was not publicly released at the time of the go-live date. (Compatibility issues with new browser versions not listed in the browser compatibility section of the SOW will be addressed as a custom option.)
8.10.2 After 90 days ISOCNET will support all applications at the hourly rate that is current for ISOCNET at the time. Support packages maybe purchased for a reduced rate.
8.10.3 Any attempt to or actual alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, by the client, of the Development Work created by ISOCNET, will immediately void any warranty that is in effect or due to Client.
9. Changes of These Terms
9.1 The Provider reserves the right to change the rates and fees by notifying The Subscriber 30 days in advance of the effective date of the change.
9.2 The Provider reserves the right to amend the Terms and Conditions and any such amendments shall become effective upon promulgation.
9.3 The Subscriber shall have the right, for a period of 15 days after the promulgation of any amendments to the Terms and Conditions, to terminate the contract, by giving written notice and receive a refund of any subscriber fees attributable to any period of time subsequent to the effective date of any such amendments to the Rules and Regulations.
9.4 Upon breach of this Contract, all of The Subscriber's rights and privileges shall be immediately terminated. Upon termination of the account, The Provider has the right to delete all data, files or other information owned by The Subscriber.