Web Mania Disclaimer

Thank you for taking the time to read our disclaimer.

Web Mania at its sole discretion, may choose to change the terms, conditions and operation of this Web site at anytime.

By using this service the user waives any rights or claims it may have against Web Mania, regarding such changes. Without limiting the foregoing, Web Mania shall not be liable to you or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether for breach of warranty or any obligation arising there-from or otherwise, whether liability is asserted in contract or or not (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage.

Each party hereby waives any claims that these exclusions deprive such party of an adequate remedy. You acknowledge that third party product and service providers advertise their products and services on the Web Mania web site. Web Mania forms partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time is Web Mania making any representation or warranty regarding any third party's products or services, nor will Web Mania be liable to you or any third party for any claims arising from or in connection with such third party products and services. You hereby disclaim and waive any rights and claims you may have against Web Mania with respect to third party products and services, to the maximum extent permitted by law.

Acceptable User Policy

By using our web hosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use. Conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Web Mania reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
The following are unacceptable uses:

Spamming

It is contrary to Web Mania’s policy for customers to use our servers to effect or participate in any of the following activities:

  • To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
  • To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
  • To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a Web Mania provided server, or using a Web Mania provided server as a maildrop for responses;
  • To falsify user information provided to Web Mania or to other users of the service in connection with use of a Web Mania service.
  • When Web Mania becomes aware of an alleged violation, Web Mania will initiate an investigation (within 48 hours). During the investigation Web Mania may restrict Customer 's access in order to prevent further possible unauthorized activity. If the Customer is found in violation of our SPAM policy, Web Mania may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. Also, Web Mania reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offence, Web Mania will notify the appropriate law enforcement department of such violation.
  • Web Mania does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

Email (General)

Cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to a Web Mania's email address or web site URL is prohibited. The use of Web Mania's services as a mail drop for responses to activities described above is prohibited.

System and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: attempting to gain unauthorized access to Web Mania's servers, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.

Web Mania does not allow insecure passwords on the servers. Web Mania will not replace a password with an "easy one".

Illegal Use & System Abuse

Web Mania servers may be used only for lawful purposes. Includes, but is not limited to, excessive use of CPU resources or disk space, installing IRC bots, CGI scripts sharing with domains outside of Web Mania, or other CGI scripts that use a disproportionate amount of system resources, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: "Pirated software", "Hackers programs or archives", "Irc Bots", "Mp3" etc.

Web Mania will be the sole arbiters as to what constitutes a violation of this provision.

Tortious Conduct

No one shall post defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Web Site Content Management

Web Mania isn't responsible for web site management or files lost or damaged by users. Web site construction and management is the responsibility of the client. Client-maintained backup of all site files is recommended, and should be maintained outside of Web Mania's network.

Indemnification/Disclaimer

Web Mania doesn't guarantee that our services will be uninterrupted and will not be held liable for any claims resulting from the use or the inability to use Web Mania's Services - including, but not limited to, service interruptions, Internet connectivity problems, unauthorized access to Web Mania's servers, domain name registrar problems, DNS caching, Internet bandwidth congestion, power failures, and natural disasters. This excludes claims under our "Money Back Guarantee".

Adult Content and Warez Sites

Web Mania reserves the right to terminate hosting agreements should the client be found to be hosting content of an adult nature or warez.

POP3 email accounts

No client may make use of any POP3 account hosted with Web Mania as a part of any form of Mail interface. No client may therefore run a private Mail interface on their site. No client may make use of an "unlimited alias" pop3 account to provide free email on their site. No cleint may store email on Web Mania's mail servers. All email must be downloaded to clients PC. (Web Mania does not back-up email)

Policy Violation

If an account is used unlawfully or is in violation of the Acceptable User Policy, Web Mania reserves the right to terminate the account without notice and without refunds. Files that violate the user policy are subject to deletion without notice. Clients violating the Acceptable User Policy will be held responsible for damages to Web Mania, including but not limited to, Web Mania's systems, servers, connectivity, reputation, business, financial, service, network, operations, or equipment.

Amendments to the Acceptable User Policy

Web Mania reserves the right to add, delete, or modify any provision of this Policy at any time without notice. The client is responsible for visiting Web Mania's website on a monthly basis, so that The client may be made aware of any changes in this policy.

Indemnification Policy:

Web Mania reserve the right to refuse service to anyone for any reason not prohibited by law. Also Web Mania reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all Web Mania services and facilities at your own risk. Web Mania specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Web Mania be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Web Mania harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Web Mania, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Web Mania against liabilities arising out of;

  1. any injury to person or property caused by any products sold or otherwise distributed in connection with Web Mania’s server;
  2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
  3. copyright infringement and
  4. any defective products sold to customer from Web Mania’s server.

Web Mania shall be the sole judge of what violates this Policy.

Web Mania is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, username, & password. If you give this information to any other party you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information.

[ Close Window ]