Acceptable Usage Policy

This agreement represents the agreement between Web in Motion and the account holder (hereinafter called Customer).

If you do not agree to these terms and conditions, please notify us at 888-779-2850 so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval.

1.You should assume that everything you see or read on the Site is copyrighted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Web in Motion unless otherwise noted.

2.Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post becomes the property of Web in Motion or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Web in Motion is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

3.Images of people or places displayed on the Site are either the property of, or used with permission by, Web in Motion. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

4. Web in Motion makes no warranties of any kind, whether expressed or implied, for the service it is providing. Web in Motion also disclaims any warranty of merchantability or fitness for a particular purpose. Web in Motion will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.

5. Services provided to the Customer by Web in Motion may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. Web in Motion reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.

6. Customer agrees to defend, hold harmless and expeditiously indemnify Web in Motion from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.

7. Web in Motion accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy. Customer may allow ftp access to its server and host web sites for its customers without violating this Policy.

8. Web in Motion reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Fees for setup and the first month's service are not refundable.

If a customer re-registers after Web in Motion's cancellation of the account without Web in Motion's written consent, Web in Motion will cancel Customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.

9. Setup fees are not refundable.

10. Additionally, CUSTOMER agrees not to utilize the Web in Motion service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or eight or more newsgroups in a single day. CUSTOMERS responsible for violating this clause of the Web in Motion Acceptable Use Policy will be fined $200 per message. Payment by CUSTOMER under this provision shall not prevent Web in Motion from seeking other legal remedies against CUSTOMER.

11. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements and services which send unsolicited advertisements.

12. Customer shall ensure that its use of Web in Motion's network services shall not disrupt Web in Motion, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, Web in Motion reserves the right to place CPU process limits on the Customer's account to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any Web in Motion user or to any directly or indirectly attached network. Use of Web in Motion's connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Web in Motion shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of Web in Motion's service, Web in Motion's equipment or any site hosted on any Web in Motion network.

13. Customer warrants that any material submitted for publication on Web in Motion does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Web in Motion reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.

14. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.

15. Use of Web in Motion's hosting services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.

16. Although all hosting plans permit unlimited data transfer, each plan is subject to a surcharge in the event usage exceeds the allotted free bandwidth for that plan. Customer is responsible for charges related to bandwidth exceeding the plan's allotted data transfer.

17. Any party seeking to report any potential violations of this Agreement may contact Web in Motion at 972-678-2850.

18. Transferring your domain to another provider does not constitute canceling your Web in Motion account. You must notify Web in Motion to formally cancel your account with Web in Motion to avoid further charges.

19. On occasion, Web in Motion may have a need to communicate with its customers through e-mail issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check e-mail sent to the primary login e-mail address on the account.

20. It is the responsibility of the customer to contact Web in Motion of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.

21. All software generated by Web in Motion is proprietary to Web in Motion and may not be duplicated or used with expressed written permission of Web in Motion. If the software was generated for and paid for by a client, then both Web in Motion and the client own the rights to the generated software and database. Web in Motion has the right to reuse or resell all code and databases generated, even if paid for by a client.

22. Web in Motion may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.