TERMS AND CONDITIONS (ACCEPTED USES AND CONTENT POLICY)             Back to previous

This document establishes operating principles and acceptable use policies as they relate to the customer's use of the Internet and hosting services provided by 21 Web Street.

1. SERVICE USAGE

A. Legal Parameters: This service may be utilized only for lawful purposes, and the usage of the service in connection with or adjunct to any matter or thing which violates any foreign, municipal, state, county or federal statute or regulation is prohibited. Client agrees to indemnify 21 Web Street against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by client.

B. Unilateral Service Revocation: In the event that 21 Web Street, at any time, believes that the service is being utilized by the client in violation of the terms and provisions of this contract, 21 Web Street may, at its sole discretion, immediately discontinue such service to client, without any prior notification and without any liability to the client.

2. NO WARRANTIES

With respect to the service to be provided hereunder, client acknowledges that 21 Web Street makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness of this service for a particular purpose. As a result, client agrees that 21 Web Street shall not be liable to client or any of its customers for any claims or damages which may be suffered by client or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, client failure to create client side backups of their website data caused by, or resulting from, delays, non deliveries, or service interruptions whether or not caused by the negligence of 21 Web Street. Client hereby agrees to indemnity 21 Web Street from any and all claims of whatever nature brought by any of client’s customers against 21 Web Street.

3. USE OF INFORMATION

The utilization of any data or information received by client or its customers from the utilization of the service to be provided by 21 Web Street is at client and its customer's sole and absolute risk. 21 Web Street specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

4. SERVICE FEES AND INVOICING

Client shall pay the initial fees set forth below, prior to the commencement of service. Thereafter, client shall be invoiced in advance for a month to month basis. (unless previous arrangements have been made) Regardless all payments shall be due on the 1st of each month. If payments are not current by the 1st of each month. The client shall be extended a 7 day grace period to remedy the situation by submitting payment in full.  In the event that client shall fail to pay for such services by the end of the grace period then 21 Web Street shall be entitled to unilaterally terminate this agreement and discontinue the service of client or the applicable account for which payment has not been received. Upon payment of the charges due hereunder, 21 Web Street may, at its sole discretion, reinstitution service, at which time all terms and conditions of this contract shall continue in full force and effect.  Any disconnection or suspension shall require a $25 re-connect fee.

5. CANCELLATIONS

To protect our customers against unauthorized cancellation of service. Any cancellation of services must be requested through postal mail or email. Please have your user ID and password available in order to process any request for cancellation.

21 Web Street
P.O. Box 1800
Evanston, IL 60204

Email     cancell@21webstreet.com

6. CHANGES IN TERMS OF AGREEMENT

21 Web Street reserves the right to make changes to the above terms and conditions of this agreement upon thirty (30) days email notice to client, advising of the change and the effective date thereof. Changes in monthly service fees shall become effective only at the end of of the pre-paid month. Utilization of the service by the client and/or its customers following the effective date of such change shall constitute acceptance by client of such change(s) in terms.

11. ENTIRE AGREEMENT AND SEVERABILITY

This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral.

General

The Internet is a voluntary association of users interested in and willing to exchange information and data with other Internet users. At present there is no oversight group providing governance over the principles, policies or procedures for use of the Internet or the information and data accessed via the Internet.

In order to facilitate their contractual relationship the Customer and 21 Web Street wish to define a working protocol of principles and policies and establish operating guidelines and acceptable standards of use of the Internet.

To this end the parties agree as follows:

Principles Governing Acceptable use of the Internet by the Customer

Responsibility and Respect - The Internet is a network intended for use by mature, adult users. The Customer recognizes this principle and undertakes at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet user groups. This general guideline carries with it the following specific responsibilities:

a) Knowledge of the Internet - The Customer agrees to obtain a basic knowledge of the Internet and its operating principles and procedures.

b) Improper Uses - The Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security.

21 Web Street strictly prohibits Unsolicited Commercial Email (UCE), also known as "spam".  This includes using our network to distribute unsolicited bulk email from your site on our servers or using any outside network to send bulk email advertising your site on 21 Web Street servers.  21 Web Street will terminate any account that receives three complaints of unsolicited email within a one month period.

c) Compliance with Laws - The Customer will ensure that its use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries.

d) Validation of Information - The Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet.

e) Security - The Customer is required to protect the security of its Internet account and usage. The Customer(s) password will be treated as private and confidential and not disclosed to or shared with any third parties.

f) Discretion and Judgment - The Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.

g) Pornography - Due to legal and social issues, we will not accept any customers who publish pornographic images. If an existing customer publishes pornographic images, 21 Web Street shall issue a warning and/or suspend your account.

h) Excessive CPU usage - Customers will not be allowed to use excessive amounts of CPU processing on any of our servers or face immediate suspension. For example: 1) a few customers have tried re-selling our counters or auto-responders to the rest of the world which caused an excessive amount of requests on our server(s). 2) email bombs. 3) re-selling CGI access to other 3rd parties.