TERMS, CONDITIONS AND ACCEPTABLE USE POLICY

Wyenet Services, LLC provides Internet World Wide Web page hosting, Marketing, and Development. Wyenet has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

Wyenet's general policy is to act as a provider of internet presence. Wyenet has specific ethical concerns regarding the use of its computers detailed below. Wyenet reserves the right to suspend or cancel a customer's access to any or all services provided by Wyenet when we decide that the account has been inappropriately used.

Specific Acceptable Use Policies

Server abuse
Any attempt to undermine or cause harm to a server, or customer, of Wyenet is strictly prohibited.  Any attempt to undermine or cause harm to a server, or customer, of Wyenet is strictly prohibited. To maintain Wyenet's server performance standards, your IP Address may be changed and you may be required to move to one of our other servers.  

Unauthorized use of other people's accounts or computers
Wyenet will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, etc.

Any unauthorized use of accounts or computers by a Wyenet customer, whether or not the attacked account or computer belongs to Wyenet, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Adult or warez web sites
Web sites with Adult Material or Warez web sites are not permitted to be hosted on Wyenet. Wyenet customers enjoy the benefit of consistently fast servers and clear network. Unlike other web hosting facilities, we do not have our network congested with users downloading pornographic images.

Wyenet considers Adult material to be defined as, but not limited too:

1. Any graphics, photos or videos showing nudity on either men or women.
2. Any audio clips or text containing sexually explicit material.
3. Any file that is sexually explicit in nature.

Wyenet defines "Warez" as any of the following:

1. Illegal or pirated software that has not been purchased.
2. Software that was given to a by a friend or co-worker to make copies of and re-distributed.
3. MP3's - This is the most common format of illegal copies of copyrighted music.

We also prohibit the following:

1. Any sites with direct links to other sites containing such material.
2. Any site engaged in the sale of sexually explicit items.
3. Any site engaged in gambling activities.

In addition we reserve the right to determine what might be considered "sexually explicit" or "sexually related". If your site contains material that you are unsure about, please contact us.

Commercial advertisements with e-mail
 
Unsolicited commercial advertisements (commonly called "spam") are not allowed in e-mail, and will likely result in account suspension or cancellation. This includes any email originating from your account and in some cases, any email advertising your account regardless of origin. If email was sent by any person using one of your email accounts, you are still responsible for the email content abiding by this policy. 

Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. Secure Double opt-in is the minimum acceptable method for maintaining maillists. Feel free to contact Sales for further details. E-mail is a person-to-person medium, not a broadcast medium.

Violation of this policy may result in additional charges to your account. 

Chat Rooms
We do not allow clients to install their own CGI chat rooms, without approving it with the Wyenet Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC
We currently do not allow IRC or IRC bots to be operated on our web hosting servers.

Disk Storage

Wyenet's generous storage space is intended for web site related files. Using the server hard drive as a back-up mechanism for personal computers is not permitted.
 

Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts (except reseller) and major account changes. All pricing is guaranteed for the term of pre-payment unless a 'price-freeze' guarantee is part of the package. Wyenet reserves the right to change prices of add-on services at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Wyenet in writing for a request for termination of services. All payment is in U.S. currency.

Cancellation
Wyenet reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Wyenet if Wyenet institutes it's right of cancellation and no violation of this agreement has occurred. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.). Sites found to be in violation of this agreement may be assessed additional penalties at the discretion of Wyenet including a 'per violation' fee for adult and/or warez material.

All of Wyenet's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount, including setup fees. Due to security concerns, all account cancellations must be done in writing via US mail or fax with a valid signature of the primary contact of the account, account name, password, reason for cancellation. Cancellation via the cancellation form on this web site is also acceptable. Phone or email requests will not constitute acceptance of any cancellation. If payment was made by check or bank transfer, include the zip/postal code of the primary contact. Payment will be made by company check or credit card reimbursement within 15 working days of receipt of cancellation.

Lawful Purpose
Wyenet reserves the right to refuse service to anyone. Customers may only use Wyenet server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Wyenet expressly forbids anyone from using Wyenet servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic or occult materials, and any and all materials of an adult or illegal nature. The designation of any materials as such described above is left entirely to the discretion of Wyenet management. For purposes of venue and jurisdiction this agreement is entered into and performed in Douglas County, Missouri, and any dispute will be litigated or arbitrated in Douglas County, Missouri. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Douglas County Courts.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Wyenet harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Wyenet, 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 Wyenet against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Wyenet'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 Wyenet's server.

Disclaimer
Wyenet will not be responsible for any damages your business may suffer. Wyenet makes no warranties of any kind, expressed or implied for services we provide. Wyenet disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Wyenet and its employees. Wyenet reserves the right to revise its policies at any time.

All Sub-Networks, resellers and dedicated servers of Wyenet must adhere to the above policies. Purchasing any services provided by Wyenet constitutes acceptance and agreement to Wyenet's policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.