Please read our following Terms of Service and Payment.

Wintek Computer Web Technology, Inc. provides World Wide Web page hosting and Electronic Mail services. Wintek Computer Web Technology, Inc.'s general policy is to act as a neutral provider of hosting services to the global Internet. Wintek Computer Web Technology, Inc. reserves the right to suspend or cancel a customer's access to any or all services provided by Wintek Computer Web Technology, Inc. when Wintek Computer Web Technology, Inc. decides that the account has been inappropriately used. Wintek Computer Web Technology, Inc. also adheres to and enforces the Acceptable Use Policies created for Usenet and the Internet as a whole.

TERMS

This Agreement between the parties shall remain in effect between the parties unless otherwise canceled or modified by either party in accordance with the terms and conditions set forth herein and in Service Plan attached hereto and made a part hereof.

Wintek Computer Web Technology, Inc. provides top quality OC-3  sites. We reserve the right to remove any site we deem inappropriate including but not limited to sites containing adult material, content graphics and such; militant, gang, hate, illegal activities, slanderous/libelous sites, hacker and illegal software pirating sites. Sites containing inappropriate material will be removed and no refunds provided.

Wintek Computer Web Technology, Inc. expressly forbids any server use for distribution, storing, processing, linking to or otherwise handling in any way the following:

1. Illegal Material - This includes copyrighted works, including but not limited  to commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
   
   
2. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Wintek Computer Web Technology, Inc.
   
   
3. Warez, et. al. - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
   

In addition, Wintek Computer Web Technology, Inc. is not responsible for any content and exempt from any legal action that may arise in conjunction with them.

ZERO TOLERANCE

Wintek Computer Web Technology, Inc.'s policy concerning unsolicited e-mail and cross-posting to Usenet newsgroups is immediate cancellation.

If you engage in any of these activities on our network, your services will be terminated immediately, with no prior notice, and no refunds for unused portions of service will be granted.

This policy has been developed not as a limit to network traffic, but as an issue of Internet etiquette.

INVOICING

Wintek Computer Web Technology, Inc. shall invoice CUSTOMER for services rendered in accordance with the terms and conditions set forth both herein and in Service Plan attached hereto.

CPU and SERVER SPACE USAGE

CUSTOMER agrees that it shall not use excessive amounts of CPU processing on any of Wintek Computer Web Technology, Inc.'S servers.   Unauthorized Chat Scripts are prohibited as many cause excessive drain on server resources.  Any violation of this policy may result in CUSTOMER'S immediate termination at the sole discretion of Wintek Computer Web Technology, Inc. without prior notice. In the event that Wintek Computer Web Technology, Inc. elects to terminate CUSTOMER on this basis, CUSTOMER shall be entitled to a refund as set forth herein.

Unlimited storage plans are not to be exploited. CUSTOMER utilizing our unlimited storage space plans agree not to  use Wintek Computer Web Technology, Inc. servers as an offsite storage facility or file repository. It is assumed that files on your sites are being utilized by the site. Unlimited plans will be averaged. CUSTOMER agrees that if CUSTOMERS SITE  exceeds the average by 1.5 times CUSTOMERS SITE is  subject to a $500 surcharge per month and possible account termination if found in violation. Any violation of this policy may result in CUSTOMER'S immediate termination at the sole discretion of Wintek Computer Web Technology, Inc. without prior notice. In the event that Wintek Computer Web Technology, Inc. elects to terminate CUSTOMER on this basis, CUSTOMER shall be entitled to a refund as set forth herein.

 

BAND WIDTH USAGE

CUSTOMER agrees that BAND WIDTH usage shall not exceed the number of megabytes per month as set forth in Service Plan attached hereto. 

Unlimited bandwidth plans are not to be exploited. Unlimited bandwidth CUSTOMER agrees that if their site is  in excess of 1.5 time the average of all other unlimited plans CUSTOMER is  subject to review as well as a $500 per month surcharge. Warez  sites are strictly prohibited and accounts will be terminated without notice. Any concerns regarding this condition should be address to the management. Should it not be expressed prior to any situation arising, it is acceptance of this term is assumed.  This usage shall be monitored by Wintek Computer Web Technology, Inc. and shall be measured on the HTTP port. Any BAND WIDTH Abuse or usage in excess of the agreed upon number of megabytes per month may result in the immediate termination of CUSTOMER at the sole discretion of Wintek Computer Web Technology, Inc. without prior notice. In the event that Wintek Computer Web Technology, Inc. elects to terminate this Agreement, pursuant to this provision, CUSTOMER shall not be entitled to a refund.

BULK E-MAIL AND SPAMMING

It shall not be permissible for CUSTOMER to engage in any bulk E- mailing or use of mail servers or mail relays (commonly referred to as "SPAMMING"). In the event that CUSTOMER engages in such activity, Wintek Computer Web Technology, Inc. may elect to immediately terminate CUSTOMER at its sole discretion without prior notice to CUSTOMER. In the event that Wintek Computer Web Technology, Inc. terminates CUSTOMER pursuant to this provision, CUSTOMER shall not be entitled to a refund. Forwarding 10 unsolicited pieces of mail within a 24 hour period shall be considered "spamming". CUSTOMER shall be liable to Wintek Computer Web Technology, Inc. for any and all damages caused as a result of CUSTOMER'S failure to comply with this provision. 

CUSTOMER with unlimited email account plans agrees not to sell or operate a free email service. (ie HotMail, Yahoo Mail)  ISP CUSTOMER is encouraged to call if there is any question. In addition CUSTOMER agrees not to add and subtract sole boxes for the purpose of spamming. Any abuse, as determined by Wintek Computer Web Technology, Inc., of unlimited email accounts CUSTOMER is subject to termination without notice. Any EMAIL violations  may result in the immediate termination of CUSTOMER at the sole discretion of Wintek Computer Web Technology, Inc. without prior notice. In the event that Wintek Computer Web Technology, Inc. elects to terminate this Agreement, pursuant to this provision, CUSTOMER shall not be entitled to a refund.

TERMINATION

Either party may terminate this Agreement without cause upon 30 days written notice to the other party. E-Mail shall be deemed adequate notice by either party. Nothing in this paragraph however shall limit Wintek Computer Web Technology, Inc.'s right to terminate CUSTOMER immediately and without prior notice for improper use and violations as set forth herein.

In the event that Wintek Computer Web Technology, Inc. elects to terminate CUSTOMER as a result of its improper acts and breach of the terms and conditions contained herein, CUSTOMER shall not be entitled to a refund of the balance. IN NO EVENT SHALL CUSTOMER BE ENTITLED TO A REFUND OF THE SET UP FEE.

In the event CUSTOMER elects to terminate this Agreement, same shall be considered a breach and CUSTOMER shall not be entitled to any refund.

In the event that Wintek Computer Web Technology, Inc. elects to terminate CUSTOMER without cause, CUSTOMER shall receive a full refund of any balance. However, if CUSTOMER terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of the Set Up Fee or any remaining balance.

LIABILITY

CUSTOMER agrees that Wintek Computer Web Technology, Inc. shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.

CUSTOMER further agrees that Wintek Computer Web Technology, Inc. shall not be liable for any damages or losses sustained by CUSTOMER for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.

CUSTOMER agrees that it shall not hold Wintek Computer Web Technology, Inc. liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.

IN NO EVENT SHALL Wintek Computer Web Technology, Inc.'s LIABILITY EXCEED THE TOTAL VALUE PAID TO Wintek Computer Web Technology, Inc. BY CUSTOMER.

REPRESENTATION AND/OR WARRANTIES

Wintek Computer Web Technology, Inc. makes no representations and cannot guarantee that CUSTOMER'S domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. CUSTOMER shall not hold Wintek Computer Web Technology, Inc. liable for any damages, injuries or losses incurred by CUSTOMER as a result of any action instituted by a third party.

SECURITY

CUSTOMER understands that the Internet and other various networking communications are not secure, unless explicitly specified as such. Wintek Computer Web Technology, Inc. MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL Wintek Computer Web Technology, Inc. BE LIABLE FOR ANY DAMAGES OR LOSSES, EITHER CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL INCURRED BY CUSTOMER. IN NO EVENT SHALL Wintek Computer Web Technology, Inc.'s LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN Wintek Computer Web Technology, Inc. AND CUSTOMER.

APPLICABLE LAWS

CUSTOMER will ensure that its use of the Internet and any service provided by Wintek Computer Web Technology, Inc. to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography*. In the event that CUSTOMER violates this provision, Wintek Computer Web Technology, Inc. shall have the right to consider same a breach of this Agreement by CUSTOMER which shall entitle Wintek Computer Web Technology, Inc. to terminate CUSTOMER immediately without prior notice.

* It shall be within the sole discretion of Wintek Computer Web Technology, Inc. to deem material as pornographic or inappropriate.

INTEGRITY OF INFORMATION

CUSTOMER is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.

ACCOUNT SECURITY

CUSTOMER shall be solely responsible for protecting the security of its Internet account and usage. CUSTOMER'S password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. Wintek Computer Web Technology, Inc. shall not be liable for any breach of security caused by CUSTOMER or third parties. IN NO EVENT SHALL Wintek Computer Web Technology, Inc.'s LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN Wintek Computer Web Technology, Inc. AND CUSTOMER.

Wintek Computer Web Technology, Inc. will use its best efforts to maintain the integrity and security of CUSTOMER'S password.

RESALE OF WEB SPACE

CUSTOMER may resell web space within their own account. CUSTOMER, however, shall remain solely responsible for the entire domain site content. The same Terms of Service Agreement shall govern any domain site resold within an account.

DOMAIN NAME OWNERSHIP

CUSTOMER shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. CUSTOMER shall make payment directly to the issuer. Under no circumstances shall Wintek Computer Web Technology, Inc. be responsible for this cost. .

LEGAL ACTION

CUSTOMER agrees to indemnify and hold Wintek Computer Web Technology, Inc. harmless in any legal action which arises as a result of CUSTOMER'S use of Wintek Computer Web Technology, Inc. services, without limitation or exception including, but not limited to any action brought against CUSTOMER by a third party.

JURISDICTION AND GOVERNING LAW

This Agreement shall be governed by the laws of the State of New York and jurisdiction shall lie within the State of New York. CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF THE STATE OF NEW YORK.

HEADINGS

Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.

MODIFICATION

The terms and conditions of this Agreement may be modified at the discretion of Wintek Computer Web Technology, Inc. with 30 days notice to CUSTOMER.

ENTIRE AGREEMENT

This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.

Failure to properly notify Wintek Computer Web Technology, Inc. via e-mail, telephone or regular mail of your disagreement with the above terms and conditions will constitute CUSTOMER'S acceptance of same.

RENEWAL

If not canceled by CUSTOMER, this Agreement will automatically self-renew after a twelve (12) month period for an additional twelve (12) month period.

CUSTOMER'S failure to properly notify Wintek Computer Web Technology, Inc. of its objections to any of the terms and conditions set forth herein shall constitute CUSTOMER'S acceptance of same.

This Agreement shall automatically renew itself for an additional twelve month period unless otherwise canceled or terminated by either party in accordance with the notice provision set forth herein.

In the event this Agreement is automatically renewed, CUSTOMER agrees to be bound by the Terms and Conditions currently in effect

Wintek Computer Web Technology, Inc. reserves the right to change its policies without notice.