ACCEPTABLE USE POLICY

The following is WebDesignerCloud.com’s Acceptable Use Policy (‘AUP’). By using WebDesignerCloud.com’s Posting services (‘Services’), you agree to comply with this AUP. You also agree to require your end users to comply with this AUP. WebDesignerCloud.com reserves the right to amend this AUP at any time, with or without notice to you. WebDesignerCloud.com agrees to post any changes to this AUP on the WebDesignerCloud.com’s Homepage (located at:

http://www.WebDesignerCloud.com) and you agree to periodically review this AUP as modified from time to time. You agree to be bound to this AUP, as modified from time to time, every time you use or access the Services.

Pursuant to your Posting Services Agreement, WebDesignerCloud.com may, at its sole discretion, immediately terminate your access to the Services if your conduct violates (or appears to violate) the AUP. In addition, WebDesignerCloud.com may, at its sole discretion, immediately terminate your access to the Services, if any of your end users violate the AUP.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services (nor will you permit an end user to use the Services) for any purpose that is unlawful or otherwise prohibited by this AUP. You may not use the Services (nor will you permit an end user to use the Services) in any manner that could damage, disable, overburden, or otherwise impair any of the Services offered by WebDesignerCloud.com, or any services offered by a third party, or interfere with any other party’s use and enjoyment of any of our Services. You may not (nor will you permit your end users to) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

USE OF SERVICES

The Services are designed to enable you and your end users to communicate with others via the Internet. You agree to use the Services (and to require your users to use the Services) only to post, send and receive messages and material that is proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when you (or your end users are) using a Service, you (and your end users) will not:

  1. Use the Service in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  3. Publish, post, upload, distribute, traffic or disseminate any defamatory, obscene, or otherwise unlawful content, such as child pornography or virtual child pornography.
  4. Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
  5. Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  6. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  7. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s property.
  8. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  9. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  10. Restrict or inhibit any other user from using and enjoying the Services.
  11. Violate any code of conduct or other guidelines which may be applicable for any particular Service.
  12. Harvest or otherwise collect information about others, including e-mail addresses, except as needed to operate your site and as permitted in your site’s privacy policy (if any).
  13. Violate any applicable laws or regulations.
  14. Create a false identity for the purpose of misleading others.
  15. Host TOR exit nodes.
  16. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
  17. Network probing or port scanning tools are only permitted if explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited.

WebDesignerCloud.com reserves the right at all times to disclose any information as WebDesignerCloud.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in WebDesignerCloud.com’s sole discretion.

WebDesignerCloud.com does not control or endorse the content, messages or information found in any Service and, therefore, WebDesignerCloud.com specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Service.

In the event your instances uses excessive CPU from activities such as cryptocurrency CPU mining, WebDesignerCloud.com reserves the right to limit the CPU available to your instances in order to maintain a consistent level of performance on all our nodes.

TERMINATION/ACCESS RESTRICTION

WebDesignerCloud.com has no obligation to monitor the Services. However, WebDesignerCloud.com reserves the right to review materials posted to a Service and to remove any materials in its sole discretion. WebDesignerCloud.com reserves the right, in its sole discretion, to terminate your access to any or all Services and the related services or any portion thereof at any time, with or without notice, for violating this AUP. Your rights and obligations upon termination of any Service are governed by the Posting Terms of Service. Upon termination of the Service, your right to use the Service immediately ceases. WebDesignerCloud.com shall have no obligation to maintain any content termination of the Services.

NO SPAM; DAMAGES

WebDesignerCloud.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

NOTICE OF CLAIMED INFRINGEMENT

WebDesignerCloud.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide WebDesignerCloud.com’s Copyright Agent the following information:

 

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Services;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

You may send your Notice of Claimed Infringement to:
Winterhoff Internet Solutions, Inc.
Matthew Winterhoff
info@WebDesignerCloud.com

Please do not send other inquires or information to our Designated Agent.

NOTICE AND TAKE DOWN PROCEDURES

WebDesignerCloud.com reserves the right at any time to implement a ‘notice and takedown’ procedure upon receipt of any notification of claimed infringement. WebDesignerCloud.com reserves the right at any time to disable access to, or remove any material or activity accessible on or from any site or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.

Anti-SPAM Policy

PREAMBLE

This Spam Policy pertains to all Websites hosted by Winterhoff Internet Solutions, Inc. d/b/a http://www.WebDesignerCloud.com (hereinafter “WebDesignerCloud.com”). WebDesignerCloud.com subscribes to a strict “No Spam” Policy as exhibited and explained by this Policy.

WebDesignerCloud.com will not profit from, nor allow anyone else to profit from Spam of any kind. WebDesignerCloud.com will terminate any and all relationships with any entity producing illegal Spam, and WebDesignerCloud.com will cooperate with law enforcement to see to it that illegal spammers are prosecuted to the fullest extent of the law.

A.Who should read and follow this Policy:

If you have any relationship, whatsoever, to WebDesignerCloud.com, you must, as a condition of a continued relationship with WebDesignerCloud.com read and familiarize yourself with this Policy and follow it in its entirety.

B. Parties addressed in this Policy:

The Parties addressed in this Policy are:

  1. Winterhoff Internet Solutions, Inc. d/b/a http://www.WebDesignerCloud.com which may also be referred to as “WebDesignerCloud” OR WebDesignerCloud.com or “We, Us, or Our.”
  1. All Affiliates or members of the Website.
  1. Any other Affiliate(s), employee(s), contractor(s), servant(s), or agent(s) (“Affiliate” or “you/your”), of WebDesignerCloud.com. The existence of one of the aforementioned relationships to us neither creates nor implies the existence of another.

ZERO TOLERANCE FOR UNSOLICITED E-MAIL

We consider any dissemination of unsolicited commercial email (i.e., “spam”) to be STRICTLY PROHIBITED.

Although federal law allows the dissemination of unsolicited bulk email under certain, tightly regulated conditions, we have elected to impose a stricter, total spam ban policy, for all affiliates and promoters of this website. This means that Members are prohibited from engaging in any bulk email promotions to disseminate their profiles or any other information about WebDesignerCloud.com, regardless of how the recipient email addresses are acquired, generated or obtained. This also means that use of opt-in, double opt-in, or any form of email address recipient list is likewise prohibited, regardless of whether such activities are otherwise permitted by state or federal law.

Any violation of this strict Anti-Spam Policy will be grounds for immediate termination and forfeiture of all unpaid commissions or entitlement thereto. We reserve the right to audit and investigate compliance with the Anti-Spam Policy at any time, with or without notice.

We are committed to stemming the flow of Spam that is prohibited by law. However, our commitment to eliminating Spam goes much further than what the law requires. Spam, in all its forms, is annoying and burdensome, and is inconsistent with our corporate policies. Consistent with this commitment and our policies, we prohibit types of Spam that have not yet been contemplated by the law, including:

  1. Spim or instant messenger Spam;
  2. Spamming of internet newsgroups;
  3. Spamming on Craigslist or other classified services, except in areas designated for such use;
  4. use of any personals service to Spam other members; and
  5. any other method of Spamming.

In short, if you are sending a message to a recipient who does not know you, in some capacity, you may not send any information about us. If you are posting an ad somewhere that has our company information in it, that ad must be “on topic” and properly listed.

INDEMNIFICATION

All affiliates, agents, employees or other promoters using any form of electronic commercial mail promotion in violation of this policy agree to indemnify and hold us harmless from any and all claims, charges, counts, debts, suits or other allegations arising from violations of the Act, or other applicable laws regulating transmission of commercial email. WebDesignerCloud.com shall provide immediate notice of any and all such claims, however the Site shall select its own attorneys to defend such claims, at the sole and exclusive expense of the affiliate, agent, employee or promoter responsible for the alleged violation.

ADDITIONAL INFORMATION

WebDesignerCloud.com may suspend any instance which it believes to be transmitting or is otherwise connected with any spam or other unsolicited bulk email, pending investigation/resolution in cooperation with the account holder.

Any questions or comments regarding this Anti-Spam Policy should be directed to: info@WebDesignerCloud.com.

BILLING POLICY

All WebDesignerCloud.com hosting services are billed as prepaid subscription plans in either Monthly or Annually terms.

Acceptable forms of payment:

for monthly subscription term CREDIT CARD only;
for annual subscription terms CREDIT CARD or CHECK.

Account Suspension

 Non-payment or failed Payments will result in an account suspension within 5 days of the failed payment.

Account Cancelation

All data will be purged from the servers in 30 days if;

The customer cancels the account;
Fails to meet or fails to consistently meet billing obligations for more than 21 days;
Violates Anti-SPAM or Acceptable Use policy.

Refund Policy

Prorated refunds will be issued for the remainder of the billing period, upon written notification, from authorized account representatives. Violating the Anti-SPAM or Acceptable Use policies may result in a denial of a prorated refund.

Contract Term

The contract term is month to month or year to year as determined by the subscription plan, unless otherwise governed by and external agreement.

Exit Policy

We have an open door policy, if you desire to leave WebDesignerCloud, and your account is in good standing, you may request a backup of your site and control panel settings and you will receive a link to download it within  72 hours. If your account in not in good standing, contact info@webdesignercloud.com for details and to make arrangements.