NOTE: Webalist Web Services has a zero tolerance policy for spam (unsolicited bulk commercial e-mail), pornography, and copyright infringement. Any sites found to contain, promote, or link to such content are subject to immediate removal from our service. To report a violation of this agreement, please use our contact form: Contact.

This Terms of Service Agreement explicitly states the terms and conditions governing the use of the services, including technology and content, of Webalist Web Services. By signing up for a Webalist Web Services account, you (the Client) accept these terms and conditions and acknowledge that your use of the Webalist Web Services's services is subject to certain limitations set forth below. If you do not accept this agreement, do not complete the sign-up process.

Webalist Web Services reserves the right to amend or change the Terms of Service Agreement at any time without prior notice, provided that the current Terms of Service Agreement is made available to the CLIENT through Webalist Web Services’s Web site, and that the CLIENT can terminate the CLIENT’s obligations under this agreement by deleting the CLIENT’s account with the Webalist Web Services.

This agreement incorporates Webalist Web Services’s Privacy Policy and Billing Policy as part of its terms.

1. Services

Webalist Web Services provides CLIENTs like the CLIENT with various tools and services related to the Internet. Functionalities and features may include, but are not limited to: Web site hosting and related tools; communications tools, such as e-mail or instant messaging; online payment processing and other commerce capabilities; Web site promotion and enhancement features; and statistical reporting tools specific to the CLIENT’s Web site or other services.

The Webalist Web Services reserves the right to delete or modify tools, features, services, fees, conditions of service and the terms of this Agreement at any time. When possible, Webalist Web Services will give the CLIENT thirty (30) days’ notice if such changes will result in reduced services or increased fees. Webalist Web Services will announce changes in a newsletter or by e-mailing the address provided by the CLIENT.

The CLIENT expressly assumes all risk for use of the Weblist Web Service's services, technology, or content.

b. Termination

This agreement is effective when the CLIENT clicks the "Submit" button and continues until the CLIENT or Webalist Web Services terminates it as follows:

Termination for Cause by Webalist Web Services. At any time and without notice, Webalist Web Services may delete the CLIENT’s site or files or discontinue service in whole or in part for any breach of this Agreement by the CLIENT or

(i) if necessary for security reasons or for continued operation of Webalist Web Services’s service,
(ii) to comply with applicable laws or regulations,
(iii) in the case of commercial services and tools, if a the CLIENT is not engaged in a legitimate business (as determined by Webalist Web Services in its sole discretion),
(iv) if Webalist Web Services receives notices that the CLIENT’s use of Webalist Web Services's services violate any third-party right, or
(v) if the CLIENT’s credit card expires or the CLIENT fails to make payments.

If Webalist Web Services terminates this Agreement for cause, the CLIENT will remain liable for the full monthly charge for the month during which service is terminated.

Termination Without Cause by Webalist Web Services. At any time and without notice, Webalist Web Services may, in its discretion, delete the CLIENT’s site or files or discontinue service in whole or in part, without cause. In such a case, the CLIENT may be entitled to a refund under the terms of the Billing Policy.

If Webalist Web Services terminates this Agreement for any reason, the CLIENT agrees not to sign up for or use Webalist Web Services's services again without Webalist Web Services's prior written approval.

Termination by the CLIENT. The CLIENT may terminate this agreement at any time and for any reason by calling Customer Service at 1-916-912-0201. The CLIENT will be liable for the full monthly charge for the month during which the CLIENT terminated the Agreement and for all usage-based fees through the termination date of this Agreement.

e. Use of Bandwidth, Server Disk Space, and Other Resources

Webalist Web Services may place limits the amount of bandwidth, server disk space, and other system resources used by the CLIENT for various services, and may halt or limit services if the CLIENT’s account exceeds such limits. Webalist Web Services may allow paid upgrades to increase such limits.

2. Restrictions and Prohibitions on Content and Use of Services and Technologies

Webalist Web Services may terminate CLIENT accounts and delete CLIENT’s files at any time, without notice, for conduct that violates these guidelines or for any other reason. The CLIENT agrees not to do or participate in any of the following nonexclusive list of UNACCEPTABLE content and behaviors on Webalist Web Services:

Content that contains or contains links to nudity, pornography, adult content, sex, or extreme violence, or material that is otherwise objectionable, in the opinion of Webalist Web Services.

Content that condones, promotes, contains, or links to warez, cracks, hacks, viruses, worms, harmful code, Trojan horses and/or their associated utilities, or other piracy-related information, whether for educational purposes or not.

Content that has been promoted through the sending of unsolicited email (spamming) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. Those who use Webalist Web Services resources, including e-mail addresses, for spam are also subject to prosecution to the fullest extent of the law.

Content that commits acts of copyright, trademark, patent, tradename, trade secret or other intellectual property infringement or violates any other third party right.

Content that is racist, or otherwise extremely offensive to others, including content which aggravates, harasses, threatens, defames or abuses others.

Content that exploits children under 18 years of age.

Content that holds Webalist Web Services up to public scorn or ridicule.

Content that contains, links to, or participates in pyramid schemes, gambling, raffles, lotteries, and so forth.

Content that posts or discloses personal identification information or private information of individuals under the age of 13 or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.

Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, pirated materials, pornography or sexual products or services, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others' property, or to illegally harm any people or animals.

Content that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; individual passworking of CLIENT sites or pages; altering copyright notices and attributes (unless permitted in writing by the author/owner); and such practices.

To report violations of the above restrictions, please e-mail abuse@webalist.com.

Webalist Web Services does not actively monitor the content of CLIENT sites, but will investigate complaints of a violation of third-party rights, including copyright and other intellectual property rights.

3. Indemnification, Disclaimers, Warranties

Webalist Web Services warrants that if a CLIENT is dissatisfied with Webalist Web Services's service, technology, or content, upon notice from the CLIENT, Webalist Web Services will terminate the Agreement and, upon the CLIENT's request, will refund unused portions of any fees paid for future months and services, less balances due to the Webalist Web Services. Upfront setup fees and any domain fees will not be refunded. For more information, see 1.b. above.

The CLIENT agrees to indemnify the Webalist Web Services and its partners, parent, subsidiaries, affiliates, directors, officers, employees, agents and representatives against any and all liabilities, claims, cost, and expenses, including attorneys' fees, arising from the CLIENT’s use of Webalist Web Services's services. This expressly includes the CLIENT’s responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libelous or unlawful material contained within the CLIENT’s files, messages, or other communications.

a. Content

Webalist Web Services shall not be held responsible for the content of Web pages, e-mail messages, or any other files or communications created, transmitted, or maintained by the CLIENT using any Webalist Web Services, tool or feature.

The opinions and views expressed by any CLIENT do not reflect those of Webalist Web Services or its partners, parent, affiliates or subsidiaries and Webalist Web Services does not review site pages, messages, or any other files or communications for content before they are posted. Webalist Web Services does not verify, endorse or otherwise take responsibility for the content of any CLIENT site pages, messages, or any other files or communications. The CLIENT is solely responsible for all contents of all site pages, messages, or any other files or communications the CLIENT controls through any services, tools or features provided by Webalist Web Services, and can be held legally liable for those contents.

Neither Webalist Web Services nor its partners, parent, affiliates or subsidiaries make any guarantee as to the accuracy, correctness or completeness of any information disseminated by the CLIENT and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on Webalist Web Services's servers; or losses or damages arising from the use of the content or services provided by Webalist Web Services.

Webalist Web Services may link to, or include on its Web site, resources and information provided by third parties. Neither Webalist Web Services nor its partners, parent, affiliates or subsidiaries make any guarantee as to the reliability of this information, nor does the inclusion of this information imply a recommendation of these services.

b. Services and Reliability

The CLIENT is responsible for regularly monitoring and creating backups of the CLIENT’s own files and agrees to use Webalist Web Services’s resources and infrastructure at the CLIENT’s own risk.

Neither Webalist Web Services nor its partners, parent, affiliates or subsidiaries make any warranty with respect to any content, information, services or products provided through or in conjunction with the Webalist Web Services’s services.

Webalist Web Services is also not liable to the CLIENT or any third party for any damage, direct or incidental, that could occur as the CLIENT uses the Webalist Web Services’s services.

Webalist Web Services is not responsible for the delivery or quality of any goods or services sold or advertised throughWebalist Web Services network of web sites, its affiliates or through the CLIENT sites.

Webalist Web Services does not guarantee that its security procedures will prevent the loss of, alteration of, or improper access to the CLIENT’s information. For more information, read the Webalist Web Services Privacy Policy.

4. Liabilities

The CLIENT is solely responsible for the conduct of the CLIENT’s business and all other matters under the CLIENT’s control. IN NO EVENT SHALL WEBALIST WEB SERVICES, ITS PARENT, SUBSIDIARIES, AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN PRODUCING, CREATING OR DELIVERING WEBALIST WEB SERVICES'S SERVICE, TECHNOLOGY OR CONTENT, BE LIABLE TO THE CLIENT IN ANY MANNER WHATSOEVER FOR LOSS OF OR INACCURACY OF DATA, GOODS, REVENUES, PROFITS, SERVICES, OR TECHNOLOGY OR FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES, EVEN IF WEBALIST WEB SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CLIENT HEREBY WAIVES ANY AND ALL CLAIMS AGAINST WEBALIST WEB SERVICES AND ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF THE CLIENT’S USE OF WEBALIST WEB SERVICES SERVICE.

Webalist Web Services and its parent, subsidiaries and affiliates shall not be liable for any damages that result from the CLIENT’s failure to perform the CLIENT’s responsibilities in connection with this Agreement or that result from any cause beyond Webalist Web Services control.

The aggregate liability of Webalist Web Services and its parent, subsidiaries and affiliates arising from this Agreement for any action or claim is limited to any amounts the CLIENT has paid to the Webalist Web Services during the term of this Agreement.

In jurisdictions not allowing the limitation or exclusion of liability for incidental or consequential damages, Webalist Web Services's liability shall be limited to the extent permitted by law.

5. The Webalist Web Services’s Rights

a. CLIENT Files and Accounts

Webalist Web Services reserves the right to delete CLIENT files and accounts that breach this Agreement at any time. Webalist Web Services and its parent, subsidiaries and affiliates shall not be liable for any foreseeable, unforeseeable, direct, or indirect consequence of such deletion. Webalist Web Services reserves the right to communicate with the CLIENT at any time in the event that important messages need to be communicated.

b. Proprietary Rights

Webalist Web Services retains all proprietary rights, including, but not limited to, services, technology, all content, text, design, graphics, sound, and so forth on its Web sites. The CLIENT acknowledges that all content and technology available on Webalist Web Services sites is protected by U.S. and international copyrights, trademarks, service marks, patents, or any other proprietary rights and laws and that the CLIENT is permitted to use content and technology and its compilation, collection, selection, arrangement, assembly, and coordination only as expressly authorized by Webalist Web Services. The CLIENT agrees not to copy, reproduce, or create derivative works of the services, technology, content, text, design, graphics and other features of Webalist Web Services sites.

Webalist Web Services claims no proprietary rights or intellectual property rights in CLIENT's content, including, but not limited to, text, software, music, sound, photographs, video, and graphics supplied by the CLIENT for use in conjunction with Webalist Web Services services.

c. Trademarks and Servicemarks

Webalist Web Services's graphics, logos, and service names used to identify Webalist Web Services's products or services are the trademarks of Webalist Web Services. The CLIENT agrees not to use Webalist Web Services trademarks in connection with the CLIENT’s, or any third party's, products or services in a way that discredits or ridicules Webalist Web Services or infringes upon Webalist Web Services’s intellectual property rights. All other brands and names used on Webalist Web Services are the property of their respective owners.

d. Traffic Statistics

Webalist Web Services reserves the right to include traffic generated by all Web sites it hosts in its overall accounting of page views, unique CLIENTs and other usage measures. This includes providing Web traffic measurement companies with all URLs hosted by Webalist Web Services for use in projecting Webalist Web Services’s overall traffic.

6. Closing Agreements

This Acceptable Use Policy and any disputes arising out of or related to the Service and Webalist Web Services Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of California.