Usage Policy
Webward Bound demonstrates its commitment to our customers' privacy by providing this statement. We will do everything in our power to ensure your right to privacy. We are committed to developing long lasting relationships that are built on trust. Webward Bound will never violate that trust.Webward Bound Will Not Sell Your Personal Information
Webward Bound keeps all your information confidential.Policy Changes
Webward Bound is dedicated to providing the best web hosting service possible to every one of our clients. We are also dedicated to staying on top of available technology.While Webward Bound will provide our clients with reasonable notification, Webward Bound reserves the right to change its policy at any time to meet the needs of our customers, changing laws and new technology.
This is Webward Bound, Inc.'s Usage Policy, which supplements the User agreement. Every Subscriber is subject to this Usage Policy, and by virtue of using Webward Bound's services, network, and/or systems (collectively the "Services") agrees to be bound by this Usage Policy. Webward Bound will revise this Usage Policy from time to time. Subscribers violate this Usage Policy when they (or their affiliates or customers) engage in the following prohibited activities.Violations of Intellectual Property Rights
Any violation of any person's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Webward Bound is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).Spamming
Spamming, whether or not it overloads the Services or disrupts service to Webward Bound's Subscribers, is prohibited. The term "spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial message over the Internet or maintaining an open SMTP policy. Webward Bound reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were from an opt-in email list.Misrepresentation of Transmission Information
Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mailbombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.Hacking
"Hacking" and related activities is prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.Export Control Violations
The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited.Child Pornography
The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Webward Bound is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.Other Illegal Activities
The use of the Services to engage in any activities that are determined by Webward Bound, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Webward Bound will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.Obscene, Defamatory, Abusive or Threatening Language
Use of the Services determined by Webward Bound, in its sole and absolute discretion, to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited. Other Activities
Engaging in any activity that, in Webward Bound's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Webward Bound's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Webward Bound's customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this Usage Policy. In addition, the failure by a Subscriber to cooperate with Webward Bound in correcting or preventing violations of this Usage Policy by, or that result from the activity of, a customer of the Subscriber is a violation of this Usage Policy.In general, Webward Bound does not monitor its customers' websites or activities to determine whether they are in compliance with this Usage Policy. However, when Webward Bound becomes aware of any violation of this Usage Policy or its User Agreement, Webward Bound may take any action to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, Webward Bound may take action against a Subscriber or a customer of such Subscriber because of the activities of such customer. Webward Bound reserves the right to take any such action even though such action may affect other customers of the Subscriber.Webward Bound may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect Webward Bound or others from harm, and/or to ensure the proper operation of the Services. Webward Bound has no obligation to notify any person, including the Subscriber about whom information is sought, that Webward Bound has provided the information.Copyright Notice Infringement Information
In accordance with the Digital Millennium Copyright Act, Webward Bound has adopted a policy that provides for termination of websites hosted by Webward Bound that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by Webward Bound or its subsidiaries, and the copyright holder wants Webward Bound to remove the website or disable the material in question, Webward Bound will remove the website or disable the material if the copyright holder provides us with all of the following information:
1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
3. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
4. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

User Agreement
This User Agreement ("Agreement") is an agreement between Webward Bound Internet, Inc. ("Webward Bound"), an Iowa corporation, and the party set forth in the related contract form incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services (collectively, the "Services") ordered by Customer on the Order Form. Such party is referred to in this Agreement as "Customer" or "you". PLEASE READ THIS AGREEMENT CAREFULLY. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING Webward Bound's USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. Webward Bound reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by Webward Bound. Activation of the Services shall indicate Webward Bound's acceptance of this Agreement. Subject to the terms and conditions of this Agreement, Webward Bound will provide to Customer the Services selected by Customer set forth on the Order Form.
1. Usage Policy
Under this Agreement, Customer shall comply with Webward Bound's then current "Usage Policy", as amended, modified or updated from time to time by Webward Bound and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the Usage Policy and that the terms of the Usage Policy are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the Usage Policy, the terms of the Usage Policy shall govern. Webward Bound does not intend to systematically monitor the content which is submitted to, stored on or distributed or disseminated by Customer via the Service (the "Customer Content"). Customer Content includes content of Customer's customers and/or users of Customer's website. Accordingly, under this Agreement, you will be responsible for your customers content and activities on your website. Notwithstanding anything to the contrary contained in this Agreement, Webward Bound may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the Usage Policy. In the event Webward Bound takes corrective action due to a violation of the Usage Policy, Webward Bound shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that Webward Bound shall have no liability to Customer or any of Customer's customers due to any corrective action that Webward Bound may take (including, without limitation, disconnection of Services).
2. Amendment
Webward Bound may amend, modify or update this Agreement or the Usage Policy at any time in its sole discretion, and Customer shall be bound by any such amendment, modification or update. Webward Bound may, but is under no obligation to, provide notice of any amendment, modification or update of this Agreement or the Usage Policy. Any modification is effective on the earlier of two days after posting on Webward Bound's website or two days after the sending of a notice by Webward Bound to Customer by e-mail or conventional mail.
3. Term; Termination; Cancellation Policy
The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
This Agreement may be terminated (i) by either party by giving the other party 30 days prior written notice (subject to an early cancellation fee as provided below), (ii) by Webward Bound in the event of nonpayment by Customer, (iii) by Webward Bound, at any time, without notice, if, in Webward Bound's judgment, Customer is in violation of any term or condition of the Usage Policy or Customer's use of the Service disrupts or, in Webward Bound's judgment, could disrupt, Webward Bound's business operations and (iv) by Webward Bound in accordance with Sections 1, 7, and 8 of this Agreement.
If you cancel this Agreement prior to the end of the Term, Webward Bound shall not refund to you any fees paid in advance of such cancellation and (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and (iii) Webward Bound shall have the right to charge you an early cancellation fee of $25.00.
If Webward Bound cancels this Agreement prior to the end of the Term, Webward Bound shall not refund to you any fees paid in advance of such cancellation and (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and (iii) Webward Bound shall have the right to charge you an early cancellation fee of $25.00.
4. Billing and Payment
All fees for the Services shall be in accordance with Webward Bound's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. A $15.00 late fee will apply to accounts past due more than ten (10) calendar days from the due date. Webward Bound may, with 30 days notice to Customer, amend the Services and/or the rates and fees it charges for the Services. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Webward Bound may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due Webward Bound remains unpaid twenty (20) days after such payment is due, Webward Bound, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. There will be a $50.00 charge to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Webward Bound) shall be paid by Customer.
Customer agrees that Webward Bound may pre-charge Customer's fees for the Services to the credit card supplied by Customer during registration.
Returned checks will be assessed a $30.00 charge. Wire transfers will be assessed a $30.00 charge.
5. IP Address Ownership
If Webward Bound assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Webward Bound, and Customer shall have no right to use that Internet Protocol address except as permitted by Webward Bound in its sole discretion in connection with the Services, during the term of this Agreement. Webward Bound shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Webward Bound, and Webward Bound reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
6. Caching
Customer expressly (i) grants to Webward Bound a license to cache the entirety of the Customer Content and Customer's web site, including content supplied by third parties, hosted by Webward Bound under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer's intellectual property rights or any third party's intellectual property rights.
7. CPU Usage
Customer agrees that Customer shall not use excessive amounts of CPU processing on any of Webward Bound's servers. Any violation of this policy may result in corrective action by Webward Bound, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Webward Bound's sole and absolute discretion. If Webward Bound takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
8. Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Webward Bound will monitor Customer's bandwidth and disk usage. Webward Bound shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Webward Bound's sole and absolute discretion. If Webward Bound takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
9. Property Rights
Webward Bound owns all right, title and interest in and to the Services and Webward Bound's trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems ("Marks"). Noting in this Agreement constitutes a license to Customer to use or resell the Marks.
10. Customer Web Site; E-Commerce; Customer Warranties
Customer shall be solely responsible for the development, operation and maintenance of Customer's web site, online store and e-commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer's products, including, without limitation (i) the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, (ii) ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and (iii) ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store.
Customer shall be responsible for the security and confidentiality of any customer information (including, without limitation, customer credit card numbers) that Customer may receive as a result of its web site or online store.
Customer represents and warrants to Webward Bound that Customer owns or has the right to use the Customer Content and material contained therein, including all text, graphics, sound, music, video, programming, scripts and applets, and the use, reproduction, distribution and transmission of the Customer Content and any information and materials contained therein does not, and will not, (i) infringe or misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party, (ii) violate any criminal laws or (iii) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation. Customer grants Webward Bound the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services.
11. Disclaimer of Warranty
Customer agrees to use all Services and any information obtained through or from Webward Bound, at Customer's own risk. Customer acknowledges and agrees that Webward Bound exercises no control over, and accepts no responsibility for, the content of the information passing through Webward Bound's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF Webward Bound, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "Webward Bound PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT Webward Bound PROVIDES. NO Webward Bound PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Webward Bound IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY Webward Bound. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Webward Bound PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.
12. Indemnification
Customer agrees to indemnify, defend and hold harmless Webward Bound and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) Customer's use of the Services, (ii) any violation by Customer of the Usage Policy, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.
13. Limitation of Liability
Customer agrees that no Webward Bound Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Webward Bound at the time) which may exist in the Services or Webward Bound's equipment used to provide the Services.
Under no circumstances, including negligence, shall any Webward Bound Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Webward Bound has been advised of the possibility of such damages. No Webward Bound Person shall be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Webward Bound's records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, Webward Bound's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
Customer understands, acknowledges and agrees that if Webward Bound takes any corrective action under this Agreement because of an action of Customer or one if its customers, that corrective action may adversely affect other customers of Customer, and Customer agrees that Webward Bound shall have no liability to Customer, any of its customers due to such corrective action by Webward Bound.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
14. Force Majeure
Webward Bound shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
15. Governing Law; Jurisdiction; Arbitration
This Agreement shall be governed in all respects by Iowa law without regard to the conflict of law provisions thereof. Both parties submit to personal jurisdiction in Iowa. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, shall be subject to arbitration administered by the American Arbitration Association ("AAA") in accordance with its then existing Commercial Arbitration Rules (collectively, the "AAA Rules") and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Johnson County, Iowa, or any other place selected by mutual agreement of the parties. An award rendered in connection with an arbitration pursuant to this Section shall be final and binding upon the parties and the parties agree and consent that the arbitral award shall be conclusive proof of the validity of the determinations of the arbitrations set forth in the award, and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The parties hereby waive all in personam jurisdictional defenses in connection with any arbitration hereunder or the enforcement of an order or award rendered pursuant thereto. In any legal action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this section shall survive any termination of this Agreement.
16. Assignment
Customer shall not have the right to assign this Agreement without the prior written consent of Webward Bound. This Agreement shall be binding upon and inure to the benefit of Customer and Webward Bound and their successors and permitted assigns.
17. Entire Agreement; Severability
This Agreement, together with the Order Form and any other documents or agreements specifically identified in this Agreement, represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.