TERMS OF SERVICE POLICY
By using any of our services you are agreeing to be bound by our Terms of Service Policy (hereinafter sometimes referred to as the ?Terms?) as set forth below: PLEASE READ THE FOLLOWING CAREFULLY: THESE TERMS ARE A CONTRACT BETWEEN YOURSELF (HEREINAFTER SOMETIMES REFERRED TO AS "YOU" OR THE ?CLIENT?) AND WINGSWEPT COMMUNICATIONS, INC. D/B/A SURFINGDUCT, A TEXAS CORPORATION (HEREINAFTER SOMETIMES REFERRED TO AS ?SURFINGDUCT?).
Content: All services provided by SurfingDuct may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The Client agrees to indemnify, hold, and save harmless SurfingDuct from any claims, liabilities, and obligations resulting from the use of the service which damages the Client or any other party. Sites that promote any illegal activity or present content that may be damaging to SurfingDuct servers or any other server on the Internet are also prohibited. Links to such materials are also prohibited. SurfingDuct will be the sole arbiter as to what constitutes a violation of this provision. We are a family safe-content provider and sites that do not meet this requirement will not be accepted. Sites that are found to be in violation of this provision are subject to immediate removal with no refund at the sole discretion of SurfingDuct.
Copyright: All content included on surfingduct.com or any website developed on behalf of the Client by SurfingDuct such as text, graphics, logos, images, data compilations, and software, is the property of SurfingDuct or its content suppliers and protected by United States and international copyright laws, specifically excluding any text, graphics, logos, or images provided by the Client to SurfingDuct. All software used on surfingduct.com or any website developed on behalf of Client by SurfingDuct is the property of SurfingDuct or its software suppliers and protected by United States and international copyright laws.
E-mail: Spamming, or the sending of unsolicited e-mail or message board posts including, without limitation, commercial advertising and informational announcements, from our server(s) or using an e-mail address or domain that is maintained on an SurfingDuct machine as reference in such spam is STRICTLY prohibited. A Client shall not use another site's email server to relay email without the express permission of such site. SurfingDuct will be the sole arbiter as to what constitutes a violation of these provisions.
Use of Your Private Information: As part of the registration process, you are required to provide certain information to SurfingDuct and to update this information to keep it current, complete and accurate. This information includes: (i) your full name; (ii) postal address; (iii) e-mail address; (iv) voice telephone number; and (v) fax number, if available. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of the Terms and will be a basis for cancellation of your domain hosting. SurfingDuct will at time share information concerning your purchase with business partners who may have provided your contact information to SurfingDuct. This information will be used for the purposes of allowing our partners to provide links to your website from websites which they control as well as provide any rebates which may be offered. Information will not be sold for the purposes of sending unsolicited commercial email.
Agents: Client understands, acknowledges and agrees that Client ratifies and is bound by the Terms even if an agent (such as a webmaster, ISP, or employee) entered into the Terms on the Client's behalf, and even if Client has not itself read the Terms. Further, Client is responsible for all information submitted by its agent. SurfingDuct will not cancel the Terms, or refund any fees paid to it, because of errors or omissions of the agent in the registration process (e.g., if such agent provides incorrect information) or because of errors or omissions in changes to Client's information, without Client's actual consent, as such apparent authority will suffice to bind the Client. By acting on the Client's behalf, such agent represents and warrants to SurfingDuct that the agent is authorized to bind Client hereto and that it has fully and thoroughly advised Client of the terms and conditions of the Terms.
System and Network Security: Violations of the SurfingDuct system or network security are prohibited, and may result in criminal and civil liability. SurfingDuct will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. We reserve the right to investigate files in a Client's account at any time if we have any reason to suspect there may be activities or network security violations including, but not limited to: (1) Gaining or attempting to gain unauthorized access to servers or services. Such attempts include, but are not limited to, "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities. (2) Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. (3) SurfingDuct reserves the right to report illegal activities to any and all regulatory, administrative, and / or governmental authorities for prosecution.
Server Abuse: Any attempt to undermine or cause harm to a server, or customer, of SurfingDuct is strictly prohibited.
Limitation of Liability: Client acknowledges and agrees neither SurfingDuct nor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this Agreement. Additionally, SurfingDuct shall not be liable to the Client for any loss or damages resulting from third parties who exploit the Client's personal or confidential information. If, despite the foregoing limitations, SurfingDuct or any of its shareholders, directors, officers, employees or representatives should become liable to Client or any other person in connection with these Terms and the services to be rendered pursuant to these Terms, for ANY REASON, then the maximum aggregate liability of SurfingDuct, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties shall be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by Client to SurfingDuct for one (1) month of service under this agreement.
Indemnity: Client will indemnify, hold and save harmless SurfingDuct and its members, shareholders, directors, officers, employees, agents, contractors, and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against SurfingDuct or any of its members, shareholders, directors, officers, employees, agents and representatives in connection with Client's negligence, activities or omissions, or any other breaches of its obligations under these Terms or otherwise related to the services to be rendered pursuant to these Terms, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Client.
Governing Law: It is the intent of the Client and SurfingDuct that all questions with respect to the construction of the Terms and the rights and liabilities of the parties hereto shall be determined in accordance with the provisions of the laws of the state of North Carolina, including the Uniform Electronic Transactions Act in such case made and provided. Venue, for the purposes of the Terms, shall be considered the county of Wake and the state of North Carolina. In the event of any action brought by either party against the other arising out of the Terms, or for the purposes of enforcing the Agreement or collection of any damages alleged to have resulted to one of the parties by reason of the breach or failure of performance of the other, including, without limitation, any breach of the copyright provisions set forth in the Terms, the party prevailing in any such action shall be entitled to recover reasonable attorneys' fees and cost of suit as may be determined by the court.
Refusal of Service: SurfingDuct shall be the sole arbiter of what is and is not a violation of these Terms. SurfingDuct reserves the right to terminate any account at any time and for any reason. SurfingDuct reserves the right to delete all content and files upon termination. SurfingDuct reserves the right to withhold any pre-paid funds for any site removed for violations of these Terms. SurfingDuct reserves the right to refuse, cancel, or suspend services provided to the Client at its sole discretion. SurfingDuct reserves the right to change these Terms without prior notice or warning. Complaints regarding Illegal Use or System or Network Security issues and complaints regarding email abuse or SPAM should be directed to SurfingDuct.
Billing: All hosting orders and Domain Registrations/renewals must be paid by credit card, Automated Clearing House, or other methods approved in advance by us in writing in advance of service. Your credit card information or bank information will be kept securely on file and will be billed for periodic charges based on your billing structure. If you wish to cancel your service you must do so in writing to SurfingDuct, 645 Poole Drive, Garner, NC 27529 thirty (30) days before your next scheduled renewal date. No refunds will be given for setup charges or partial service periods unless the charge is the result of a billing error by SurfingDuct. Determination of an error is the sole discretion of SurfingDuct. You agree that you will keep up with when your next billing date is and be responsible for having the funds available when you are billed for your next term. You also agree that upon request you will provide SurfingDuct with updated credit card or bank information as needed for purposes of collecting charges for your service. Failure to supply this information will lead to termination of service. Once a site is removed from service, in order for service to be restored, all past due balances must be paid along with a new setup fee.
If you have elected to pay via electronic transfer from your bank account, we will make electronic transfers via ACH from your bank account each quarter in the amount of your quarterly service fee, and you hereby authorize SurfingDuct to make the transfers.
Additional Provisions: In the event that any of the provisions or conditions of the Terms are held to be partially or wholly invalid or unenforceable for any reason whatsoever, such holdings shall not affect, alter, modify or impair in any manner whatsoever, any of the other terms, or the remaining portion of any term, held to be partially invalid or unenforceable. Whenever required by the context, the singular number shall include the plural number, the plural number shall include the singular number, the masculine gender shall include the neuter and feminine genders and vice versa. The Terms constitutes the entire agreement between the Client and SurfingDuct, and contains all of the agreements between the parties with respect to the subject matter hereof. The Terms supersedes any and all other agreements, either oral or in writing, among the parties hereto with respect to the subject matter hereof.