Terms of Service

Hello, and welcome to We Are Web Services, your partner in business and on the web. These “Terms of Service” govern your business with We Are Web Services and its parent company, We Are Enterprises LLC (referred to in the following document collectively as “Site(s)”, “Company”, “We”, “Us”, or “Our”). These Terms of Service also include governance of our company's website hosting and design services as well as access to and use of We Are Web Services’ Site(s) and mobile applications as well as apply to all information collected through our Site(s), and/or any related services, sales, marketing or events.

By accessing or using the Site(s), you are agreeing to these Terms of Service and Privacy Policy and conclude a legally binding contract with We Are Web Services. Please do not access or use our Site(s) if you are unwilling or unable to be bound by these Terms of Service or our Privacy Policy.

The following terms and conditions (collectively, the “Agreement”) govern all use of the wearewebservices.com Site(s) and all content, services and products available at or through the Site(s). The Site(s) is owned and operated by We Are Enterprises LLC. The Site(s) is offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, We Are Web Service’s Privacy Policy) and procedures that may be published from time to time on this Site(s) by We Are Enterprises LLC.

Please read this Agreement carefully before accessing or using the Site(s) and our services. By accessing or using any part of the Site(s), you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site(s) or use any services. If these terms and conditions are considered an offer by We Are Web Services, acceptance is expressly limited to these terms.

   
1. Your wearewebservices.com Account and Blog/Website. If you create a blog/website through the Site(s), you are responsible for maintaining the security of your account and blog/website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog/website. You must not describe or assign keywords to your blog/website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and We Are Web Services may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause We Are Web Services liability. You must immediately notify We Are Web Services of any unauthorized uses of your blog/website, your account or any other breaches of security. We Are Web Services will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
   
2. Responsibility of Contributors. If you operate a blog/website, comment on a blog/website, post material to the Site(s), post links on the Site(s), or otherwise make (or allow any third party to make) material available by means of the Site(s) (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
      
   1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
      
   2. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
      
   3. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
      
   4. the Content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content;
      
   5. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party websites or boost the search engine rankings of third party websites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
      
   6. the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
      
   7. your blog/website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blog/websites, and similar unsolicited promotional methods;
      
   8. your blog/website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog/website’s URL or name is not the name of a person other than yourself or company other than your own;
      
   9. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by We Are Web Services or otherwise.
      

   By submitting Content to We Are Web Services for inclusion on your blog/website, you grant We Are Web Services a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog/website. If you delete Content, We Are Web Services will use reasonable efforts to remove it from the Site(s), but you acknowledge that caching or references to the Content may not be made immediately unavailable.

      

   Without limiting any of those representations or warranties, We Are Web Services has the right (though not the obligation) to, in We Are Web Services' sole discretion (i) refuse or remove any content that, in We Are Web Services' reasonable opinion, violates any We Are Web Services' policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site(s) to any individual or entity for any reason, in We Are Web Services' sole discretion. We Are Web Services will have no obligation to provide a refund of any amounts previously paid.

   
3. Payments, Invoices, Renewal, and Cancellations.
      
   1. General Terms. By selecting a product or service you agree to pay We Are Web Services and its parent company We Are Enterprises LLC any one-time and/or monthly, semi-annual, or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up or upgrade and will cover the use of that service for a monthly, semi-annual, or annual subscription period as chosen.
      
   2. Automatic Renewal. Unless you notify We Are Web Services of a cancellation request before the product or services' renewal date, your subscription will automatically renew and you authorize us to collect the applicable subscription fees for such subscriptions (as well as any taxes) using any credit card or other payment mechanisms we have on record for you.
      
   3. Payment Captures. We Are Web Services will automatically attempt to capture payment for any products or services on the invoice due date. Such captures will be attempted with any credit, debit card or other payment mechanisms on file.
      
   4. Fees and Payments. By signing up for any services or products you agree to pay We Are Web Services the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. We Are Web Services reserves the right to change the payment terms and fees upon thirty (30) days prior with written notice to you.
      
   5. Taxes. It will be the client's responsibility to pay or reimburse We Are Web Services for all sales, use, transfer, privilege, excise, and all other taxes and all duties, whether international, national, state or local, however designated, which are levied or imposed by reason of the performance by We Are Web under this Agreement; excluding, however, income taxes on profits which may be levied against We Are Web Services.
      
   6. Invoices. Invoices for recurring products and services are generated 15 days prior to the invoice due date. Clients may pay invoices at any time prior to the due date by accessing the invoice in their client area. An automatic attempt to capture payment for any products or services will occur on the invoice due date. Emails are generated and sent for invoice due dates and subsequent invoice reminders and actions due. Overdue invoice reminders will be sent on the 1st, 5th, and 10th days after the invoice due date. Late fees will be incurred on the 15th day after the invoice's due date.
      
   7. Late Invoices and Suspensions. If an invoice remains unpaid 15 days after the original due date a late fee of 30% will be added to the invoice. Suspension and/or termination of an account will be at the discretion of We Are Web Services.
      
   8. Continuous Invoice Generation. For recurring products and services invoice generation for service terms will occur even if previous invoices remain unpaid and continue unless the products or services are cancelled in accordance with We Are Web Services' cancellation policies or the products or services are terminated by We Are Web Services.
      
   9. Refunds. We Are Web Services offers a 30-Day Money Back Guarantee for all of our Website Hosting Packages, OX App Suite, Code Guard Back-Up, and SSL Certificates. MarketGoo SEO, and SiteLock Website Security have a 5-Day Money Back Guarantee. Money Back Guarantee refunds for all products and services are only available for first time customers and cannot be processed after a service or product has renewed after successful completion of its first term. All sales are final for Domain Name Registrations.
      
   10. Cancellations. All products and services can be canceled at any time as long as the cancellation requests are received before the product or service's next renewal due date. Cancellations will in effect terminate future renewals of any present products or services and the fees associated with such. Cancelled products and services will continue through the remainder of the period in which payment has already been received. Cancellation requests can be submitted through the We Are Web Services client area or through our email ticketing system.
   
4. Responsibility of Site(s) Visitors. We Are Web Services has not reviewed, and cannot review, all material, including computer software, posted to the Site(s), and cannot therefore be responsible for that material’s content, use or effects. By operating the Site(s), We Are Web Services does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. The Site(s) may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site(s) may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We Are Web Services disclaims any responsibility for any harm resulting from the use by visitors of the Site(s), or from any downloading by those visitors of content there posted.
   
5. Content Posted on Other Blog/Websites. We have not reviewed, and cannot review, all material, including computer software, made available through the blog/website to which wearewebservices.com links, and that link to wearewebservices.com. We Are Web Services does not have any control over those non-We Are Web Services blogs/websites and is not responsible for their contents or their use. By linking to a non-We Are Web Services blog/website, We Are Web Services does not represent or imply that it endorses such blog/website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. We Are Web Services disclaims any responsibility for any harm resulting from your use of non-We Are Web Services’ blog/website.
   
6. Copyright Infringement and DMCA Policy. As We Are Web Services asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by wearewebservices.com violates your copyright, you are encouraged to notify We Are Web Services in accordance with We Are Web Services’ Digital Millennium Copyright Act (“DMCA”) Policy. We Are Web Services will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We Are Web Services will terminate a visitor’s access to and use of the Site(s) if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of We Are Web Services or others. In the case of such termination, We Are Web Services will have no obligation to provide a refund of any amounts previously paid to We Are Web Services.
   
7. Intellectual Property. This Agreement does not transfer from We Are Web Services to you any We Are Web Services or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with We Are Web Services. We Are Web Services, wearewebservices.com, and We Are Web Services’ Logo, and all other trademarks, service marks, graphics and logos used in connection with wearewebservices.com, or the Site(s) are trademarks or registered trademarks of We Are Web Services or We Are Web Services’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Site(s) may be the trademarks of other third parties. Your use of the Site(s) grants you no right or license to reproduce or otherwise use any We Are Web Services’ or third-party trademarks.
   
8. Advertisements. We Are Web Services reserves the right to display advertisements on your blog/website unless you have purchased an ad-free account.
   
9. Client Name Use. We Are Web Services may use the names of our clients, in advertising, publicity, or similar materials distributed or displayed to prospective clients.
   
10. Attribution. We Are Web Services reserves the right to display attribution links such as ‘Powered by We Are Web Services,’ theme author, and font attribution in your blog/website footer or toolbar.
   
11. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
   
12. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
       
    1. Domain Name Reminders. Domain Renewal reminders will be sent by email 45, 20, 10, 5, and 1 days before the Domain Renewal Date.
       
    2. Domain Renewal Payments. An automatic capture for Domain Renewal payments will be attempted 5 days prior to Domain Renewal due date in accordance with We Are Web Service's terms of payment. Domain Renewal due dates are set 5 days prior to the domain's expiration date. To ensure continuous domain name service and avoidance of additional late fees incurred from the domain registrar it is recommended to initiate payment for domain renewal invoices as early as possible. Such early payments can be made in our client area by selecting the corresponding invoice and initiating a payment.
       
    3. Domain Name Grace Periods. We Are Web Services and our Domain Name Registrar partners offer a non-guaranteed 29-day grace period for renewal for many TLDs (Top Level Domains). Registrar conditions vary for grace periods and there are no guaranteed grace periods. Once a domain expires it may be disposed at any time according to the registration agreement. Once a grace period elapses, the domain may go into a Redemption Grace Period. It is highly recommended Auto-Renewal for domains is activated in your client account and domain name expiration dates are carefully noted and tracked. This will help ensure continuous coverage of services and avoid unnecessary costs later down the road.
       
    4. Redemption Grace Periods. After a domain has passed through any applicable expiration grace period, the domain may go into redemption status. "Redemption Grace Period" or RGP, is the grace period provided after the registrar has issued a delete request to the registry. Only the previous registrant can recover the domain during this time, and it must be retrieved through the previous registrar. Currently our Domain Registrar partners charge a $250 fee for domains recovered during this time.
       
    5. Pending Delete. "Pending Delete" refers to the 5-day time frame after redemption. During this time the registry holds the domain and it cannot be recovered. Once the Registry deletes the domain, it becomes available for anyone to purchase as a new domain. It is available on a first-come first-served basis.
       
13. Agreement Updates. We Are Web Services reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site(s) following the posting of any changes to this Agreement constitutes acceptance of those changes. We Are Web Services may also, in the future, offer new services and/or features through the Site(s) (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
   
14. Site(s) Use Termination. We Are Web Services may terminate your access to all or any part of the Site(s) at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your wearewebservices.com account (if you have one), you may simply discontinue using the Site(s). Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by We Are Web Services if you materially breach this Agreement and fail to cure such breach within thirty (30) days from We Are Web Services' notice to you thereof; provided that, We Are Web Services can terminate the Site(s) immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
   
15. Disclaimer of Warranties. The Site(s) is provided “as is”. We Are Web Services and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither We Are Web Services nor its suppliers and licensors, makes any warranty that the Site(s) will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site(s) at your own discretion and risk.
   
16. Limitation of Liability. In no event will We Are Web Services, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use, unauthorized access to, alteration, theft or destruction of, or loss or corruption of webiste and website data; (iv) for any amounts that exceed the fees paid by you to We Are Web Services under this agreement during the twelve (3) month period prior to the cause of action. We Are Web Services shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
   
17. General Representation and Warranty. You represent and warrant that (i) your use of the Site(s) will be in strict accordance with the We Are Web Services’ Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site(s) will not infringe or misappropriate the intellectual property rights of any third party.
   
18. Indemnity. You agree to indemnify and hold harmless We Are Web Services, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site(s), including but not limited to your violation of this Agreement.
   
19. Agreement. This Agreement constitutes the entire agreement between We Are Web Services and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of We Are Web Services, or by the posting by We Are Web Services of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site(s) will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Williamson County, Texas.
   
20. Binding Agreement. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; We Are Web Services may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
   

At commencement of any Website Design or Development Services the following "Terms of Service" shall apply. These Terms of Service shall govern the design and development process agreed upon between We Are Web Services, any of its Authorized Design & Development Representatives, and the client.

1. Design & Development Process    
      
   1. Consultation. A free consultation will initiate the preliminary design and development process and consist of questions regarding the client's overall vision for their website, its general purpose, industry category, color and design features, functionality, accessibility, management, and platform.
      
   2. Proposal & Quote. A written Proposal & Quote will be submitted to the client no later than 1 business week after consultation and reflect the consulation's discussion and agreements between both parties regarding the website's design features and completion time frame. A quote on total cost and payment schedule will be included.
      
   3. Website Design & Development Agreement. After receipt of the Proposal & Quote the client can initiate the next steps of the Website Design & Development Process by providing in writing their acceptance of the Proposal & Quote's details and terms and conditions.
      
   4. Mock-Up. Upon agreement on the Proposal & Quote and receivement of the initial payment deposit the design process will continue with a mock-up of the website and its details agreed upon during previous steps. The time frame of the mock-up's completion will be agreed upon by both parties and included in the Proposal & Quote.
      
   5. Mock-Up Review. Once completed the mock-up will be presented to the client for review at which point it can be approved in writing for the final website build and launch or it can be changed via a one-time change request also presented in writing. The one-time change request must be recieved no more than 30 days after the initial receipt of the website mock-up. Any changes requested more than 30 days after the mock-up's receipt will be considered outside the scope of the Website Design & Development Agreement and be subject to terms of the Change Order conditions outlined below.
      
   6. Final Build & Launch. Upon final acceptance of the mock-up and payment of the remaining quote balance the website will be completed and it along with its components will be (a) uploaded to a client managed hosting platform, (b) made live on We Are Web Services' own hosting server, (c) or transferred into the client's possession. A one-time request may be initiated in writing for content (text and photos) changes to the website no later than 15 days after the website is made live online or transferred to the client's possession. Change requests for any framework, programming, plug-ins, functions, or page outline of the website will be considered outside the scope of the initial design agreement and be subject to terms of the Change Order conditions outlined below.
   
2. Change Orders. Changes that fall outside of the initial Website Design & Development Agreement agreed upon by both parties as outlined above will be considered a Change Order and be governed by the following terms and conditions.    
      
   1. Change Order Submission. Change Orders shall be submitted in writing and include a detailed description of the requested changes.
      
   2. Review and Proposal & Quote Submission. The request will be reviewed and a new Proposal & Quote submitted to the client regarding the new changes.
      
   3. Client Acceptance. The client can then accept or reject the new Proposal & Quote in writing.
      
   4. Change Order Completion. Upon client acceptance of the Change Order Proposal & Quote and receipt of the initial payment deposit outlined in such, We Are Web Services or its Authorized Design & Development Representative will begin and complete the requested changes.
      

This Acceptable Use Policy governs all client use of our website hosting services and may be modified at any time without notice. We Are Web Services hosting services may only be used for lawful purposes and by using such services you the user agree to comply with all applicable laws, rules, and regulations that are associated with our website and hosting services. If it is deemed you violate any such laws, rules, or regulations We Are Web Services reserves the right to remove your access to our services or disable any website or materials related to your services from our hosting servers with or without notice. Failure to reply to emails and other means of communication regarding your services in regards to abuse of such laws, rules, and regulations may also result in suspension or termination of services.

1. Prohibited Uses.    
      
   1. Intellectual Property Right Infringement.
      
   2. Use of Shared Hosting for Back-Up or Storage.
      
   
2. Prohibited Materials. These types of materials are stricly prohibited from being hosted on We Are Web Services' servers. This list is not inclusive of all such materials that may be deemed prohibited and We Are Web Services reserves the right to update this list at any time without notice or find judgement against materials and prohibit them from our servers. A violation of such materials listed here or a judgement against any materials will result in suspension or termination of a user's account access and website hosting services.    
      
   1. Topsites
      
   2. IRC Scripts/Bots
      
   3. IRCD (irc servers)
      
   4. Proxy Scripts/Anonymizers
      
   5. Image Hosting Scripts (similar to Photobucket or Tinypic)
      
   6. AutoSurf/PTC/PTS/PPC sites
      
   7. IP Scanners
      
   8. Bruteforce Programs/Scripts/Applications
      
   9. Mail Bombers/Spam Scripts
      
   10. Banner-Ad services (commercial banner ad rotation)
      
   11. File Dump/Mirror Scripts (similar to rapidshare)
      
   12. Commercial Audio Streaming (more than one or two streams)
      
   13. Escrow/Bank Debentures
      
   14. High-Yield Interest Programs (HYIP) or Related Sites
      
   15. Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
      
   16. Sale or distribution of any controlled substance without prior proof of appropriate permit(s)
      
   17. Prime Banks Programs
      
   18. Lottery/Gambling Sites
      
   19. MUDs/RPGs/PBBGs
      
   20. Hacker focused sites/archives/programs
      
   21. Sites promoting illegal activities
      
   22. Forums and/or websites that distribute or link to warez/pirated/illegal content
      
   23. Bank Debentures/Bank Debenture Trading Programs
      
   24. Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
      
   25. Mailer Pro
      
   26. Push button mail scripts
      
   27. Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
      
   28. Tell A Friend Scripts
      
   29. Anonymous or Bulk SMS Gateways
      
   30. Bitcoin Miners
      
   31. PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)
      
   
3. Other Prohibitions. We Are Web Services reserves the right to refuse service to anyone and any material which are deemed obscene, threatening, illegal, or violate our Terms of Service or this Acceptable Use Policy may be removed from our servers, disabled, or suspended with or without notice.
   
4. Unacceptable Resource Usage. You may not:
      
   1. Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
      
   2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
      
   3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
      
   4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
      
   5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
      
   6. Participate in any file-sharing/peer-to-peer activities
      
   7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
      
   8. Run cron entries with intervals of less than fifteen (15) minutes.
      
   9. Include the URL when using PHP include functions for including a local file. Instead of including 'http://yourdomain.com/include.php', use 'include.php' or '/home/username/public_html/include.php'.
      
   10. Force html to handle server-side code (like php and shtml) to help reduce usage.
      
      
5. Spam Policy.    
      
   1. We Are Web Services has a Zero Tolerance for spam, unsolicited email, and bulk emailing. "Safe lists," purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice.
      
   2. Websites advertised via spam (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
      
   3. We Are Web Services reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.
      
   4. We Are Web Services reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.
   
6. Defamation Policy. Websites hosted on our servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, our policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, We Are Web Services is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.
   
7. Violations.    
      
   1. Termination. Your Services may be terminated with or without notice upon any violation of this Acceptable Use Policy. If applicable, violations will be reported to the appropriate law enforcement agency.
      
   2. Failure to Respond. A failure to respond to an email from We Are Web Services may result in the suspension or termination of your Services. All abuse issues must be dealt with via our ticket/email system and will receive a response within forty-eight (48) hours.

1. Limits.    
      
   1. There is a 500 outgoing email hourly limit per domain. This limit is also applied towards Mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.
      
   2. Many of our servers have a limit of 30 POP3/IMAP checks per hour per each user's connecting IP address. If you go over this you're likely to get a wrong password error message or an error stating "login incorrect. If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.
      
   3. Any mailing list larger than 5,000 addresses will require a dedicated server or VPS hosting solution from us. Note: Dividing one large list into smaller lists to get below this limit is not allowed.
      
2. Mailing List Rules.
      
   1. Any time you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 8 seconds. (Sending 1 every 8 seconds would send 450 emails within 1 hour, keeping you below the 500 outgoing email limit.) If the mailing list software you're using does not allow you to throttle you must switch to an application or script that will.
      
   2. IMPORTANT: If you do not throttle and you try sending 500 emails, the server will try sending all 500 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the server's load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server.
      
   3. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.
      
   4. Email Scripts must be able to handle and document all information from a double opt-in list. This includes recording the sign-up IP address and date/time, double opt-in verification IP address and date/time, processing opt-outs (via web or email), and list removal on bounce backs. All opt-outs or bounce back removals must be handled in a timely manner, and outbound mail must be throttled on shared packages to a maximum of five hundred (500) emails per hour. If your account is found to be using a script that does not meet these requirements, HostGator reserves the right to suspend, terminate, or deactivate your script or account.
      
   5. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.
      
   6. Any mailling list MUST comply with all guidelines set forth by the United States government.
      
   7. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.