WaltBren Computing, LLC

Terms Of Use

We want to provide the best possible service to you and our fellow Christians and to do so, we have to set forth some guidelines for everyone to follow.  In the following terms, we are noted as WaltBren Computing, LLC.  Even if you place your order by phone, you are bound by these terms and conditions. These terms and conditions override any email, chat session, or contact of any kind with any WaltBren Computing, LLC personnel. This Registration Agreement ("Agreement") also sets forth the terms and conditions of your use of WaltBren Computing, LLC to register a domain name on the Internet. This Agreement will become effective when accepted by WaltBren Computing, LLC.

Christian Faith
We want you to agree that your site will not have anything on it that contradicts this:

Content:
All services provided by WaltBren Computing, LLC may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless WaltBren Computing, LLC from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising and material is prohibited on all sites hosted by WaltBren Computing, LLC. This includes sites that may infer sexual content, or links to adult content elsewhere. If you host non-adult related content with us and then host adult related sites somewhere else, this is also prohibited and we can not allow someone to host on our server that would host pornography elsewhere. If we find out that you are hosting adult material elsewhere, we will be forced to remove your site (even if it does not have adult material on it) from our servers because we feel that it would be just a matter of time before you would either try to put that on our servers or place a link to it.  WaltBren Computing, LLC will be the sole arbiter in determining violations of this provision. If pornography is found on our server, the offending domain will be deleted immediately with no warning.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

WaltBren Computing, LLC will be the sole arbiter as to what constitutes a violation of this provision.

Your site  cannot promote demonic, occult, satanic, new age or anti-Christian values or beliefs; cannot promote pro-choice or pro-abortion views; cannot promote gay or lesbian lifestyle views; cannot promote a distorted view or faulty interpretation of the Holy Bible (we are not talking about disputes between KJV and NIV, we are talking of obvious misconstruing of God's Word such as saying that Jesus was not God) Not only can you not have offending material on your sites, but you cannot have links to any sites with offending material on them or material listed above. If links to any offending sites are found, we will ask you to remove them and if you do not comply, we will then have to remove your account from our server. The above listing is not complete by any means. WaltBren Computing, LLC decides what is offending to our family and we want everyone to abide by those rules. WaltBren Computing, LLC has the complete right to ask anyone to leave for any offending reason at our discretion. At WaltBren Computing, LLC's discretion, access to WaltBren Computing, LLC  server (and your account) may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole.

Satisfaction Guaranteed
If you try our service for 30 days, stay within our terms and conditions stated here, and decide that it does not meet your needs within that amount of time, then all you have to do is cancel your hosting account before the 30th day and you will receive your hosting fee back.  This does not include the domain registration fee, though, as that is non-refundable since we can not get our money back from the registrar.

E-mail
Spamming, or the sending of unsolicited e-mail or message board posts including, without limitation, commercial advertising and informational announcements, from our server(s) or using an e-mail address or domain that is maintained on an WaltBren Computing, LLC  machine as reference in that Spam is STRICTLY prohibited. Domains and sites are subject to being canceled immediately off of our server as well as fined no less than $500 US. A user shall not use another site's mail server to relay mail without the express permission of the site. WaltBren Computing, LLC will be the sole arbiter as to what constitutes a violation of these provisions.

Hosting Packages
We reserve the right to change the packages that we offer in any way without prior notice. We normally will send out an announcement when we change things but we reserve the right not to.

Domain Registration
1. Fees
As consideration for the domain name registration services provided by WaltBren Computing, LLC, you shall pay all applicable initial registration fees and renewal fees. Unless you register your domain name yourself, we will register your new domain through an ICANN approved registrar (Wild West Domains  and you agree to pay us $19.00 US per year for the total of the years that you are registering  upon registration and then you agree to pay $19.00 US per year after that for every year that you use the domain. You will be notified when renewal fees are due or if you have a hosting package with us, your account will be billed, and it shall be your responsibility to ensure that such fees are paid. If you do not respond or pay within the specified time period for registrations or renewals or if you have the charges reversed on your banking account after ordering the domain (even though you ordered it), the ownership of the domain will transfer to Walter Dimmock of WaltBren Computing, LLC and will not be available for purchase.  You agree that WaltBren Computing, LLC shall have no liability whatsoever with respect to any such cancellation, and that WaltBren Computing, LLC may cancel or reassign the domain name in the event of any delinquency or abuse of these terms. We reserve the right to refuse any domain registration request at our discretion. All domain registration fees are non-refundable. Once the domain is ordered, we can not get your money back if you change your mind.

To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement, the accompanying fee schedule and dispute policy, and any rules or policies that are or may be published by WaltBren Computing, LLC. You acknowledge that WaltBren Computing, LLC may modify this Agreement if necessary to comply with its Agreement with the registrar and ICANN, or for any  other business purpose.

2. Free Domain Registration

One year free, new domain registration will be honored with all paid up hosting plans of one year or  more. Monthly hosting plans will not be eligible for free domain registrations. After one year it is the responsibility of the new registrant/owner to renew the domain name. In cases where the hosting plan is terminated by buyer or seller within three months of registration of hosting plan, the domain name will be forfeited to WaltBren Computing, LLC, unless the domain registration fee of $19 is paid to the registrant to WaltBren Computing, LLC.

3. Dispute Policy
In applying for a domain name, you warrant that the registration is not made in bad faith and that the name does not conflict with another domain name. You agree to be bound by the current Wild West Domain Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at www.wildwestdomains.com/dispute_policy.asp  Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. Wild West Domains may modify the Dispute Policy in its sole discretion at any time. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name is challenged by a third party. You also agree that in the event a domain name dispute arises with any third party, you will indemnify, defend and hold WaltBren Computing, LLC and Wild West Domains  harmless.

 4. Use of Your Information
As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois data.

You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name and hosting. If you license use of a domain name to a third party, you remain responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information.

 You acknowledge that WaltBren Computing, LLC will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that WaltBren Computing, LLC may or must make available to the public or to private entities. WaltBren Computing, LLC will not otherwise disclose your information to any third party unless it is required to maintain your domain name. You may request a copy of your information in WaltBren Computing, LLC's possession to review, modify or update such information.

5. Use Policies
WaltBren Computing, LLC reserves the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity. You may not transfer your domain to another registrar within sixty (60) days of obtaining the domain name through us. If you register your own domain your are free to transfer at anytime.

7. Representations and Warranties
You represent and warrant that all information provided by you in connection with your registration is complete and accurate. WaltBren Computing, LLC makes no representation or warranties of any kind in connection with this Agreement. WaltBren Computing, LLC does not represent or warrant that registration of your domain name will immunize you from  challenges to your domain name.

8. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be remedied by you within 30 days of notice by WaltBren Computing, LLC. If you fail to cure the breach, WaltBren Computing, LLC may revoke your registration of the domain name.

You also agree that WaltBren Computing, LLC shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as WaltBren Computing, LLC receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, re-querying the revocation, suspension, transfer or modification of the domain name registration.

Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of WaltBren Computing, LLC to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by WaltBren Computing, LLC of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Agents.
Client understands, acknowledges and agrees that by using the domain on or any service of Christian Web Host, client ratifies and is bound by this Agreement even if an agent (such as a webmaster, ISP, or employee) entered into this Agreement on Registrant's behalf, and even if Registrant has not itself read this Agreement. Further, Registrant is responsible for all information submitted by its agent. WaltBren Computing, LLC will not cancel this Agreement, or refund any fees paid to it, because of errors or omissions of the agent in the registration process (e.g., if such agent provides incorrect information) or because of errors or omissions in changes to Registrant's client information, without Registrant's actual consent, as such apparent authority will suffice  to bind Registrant. By acting on Registrant's behalf, such agent represents and warrants to Registrant and WaltBren Computing, LLC that the agent is authorized to bind Registrant hereto and that it has fully and thoroughly advised Registrant of the terms and conditions of this Agreement.

You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement.

System and Network Security
Violations of the WaltBren Computing, LLC system or network security are prohibited, and may result in criminal and civil liability. WaltBren Computing, LLC will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, but not limited to, the following:

WaltBren Computing, LLC reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

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

Age.
The client must be 18 years of age to obtain our hosting services.

Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of WaltBren Computing, LLC is strictly prohibited.

Newsgroups
Posting the same or similar message to one or more news groups (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited.

Web Cams
Transfer monsters. We do not allow web cams because they really take tons of transfer and unless you are willing to help us pay for the extra bandwidth, please don't use them. If you must use one and want to help pay for the extra bandwidth please contact us to discuss it first.

Transfer
We reserve the right to ask you to move your domain or upgrade to another server option that suits your needs if your site takes up more than a fair share of the server resources (over 10%). This can include excessive use of cgi resources, system resources, or excessive use of bandwidth. One way to help is to not allow people to link to your graphics or sound files. That can add up fast and take up your bandwidth before you know it. We allow bandwidth starting at 1 GB per month, but the load on the server from various applications and cgi processes can also cause big problems and we will address that if needed. There will not be any surprise bills, but we will ask you to remedy this problem and if it is not possible for you to do that, you will be expected to upgrade or move. Please read our policy on transfer. You must agree to that policy also before signing up.

IP numbers
WaltBren Computing, LLC maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. (you retain the ownership of your domain name and all material owned by you contained in your site, though)

Indemnity
You agree to defend, indemnify and hold harmless WaltBren Computing, LLC and any applicable domain name registry, including Bulkregster.com, 000Domains,  WildWestDomains,  Network Solutions, Inc., and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy. We do not own your domain name nor do we want to (unless you do not pay for it and we have to transfer the ownership to us - see the section on domain registration above) and we do not claim ownership of your content. It is completely yours.  All content on your web site is considered a publication of yours and we are not to be held responsible for anything you present on the web through your domain in any way.

Limitation of Liability
Domain Registration
YOU AGREE THAT WALTBREN COMPUTING, LLC AND/OR ANY REGISTRAR WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO WALTBREN COMPUTING, LLC/ANY REGISTRAR REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND WALTBREN COMPUTING, LLC; (e) EVENTS BEYOND WALTBREN COMPUTING, LLC CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, WALTBREN COMPUTING, LLC OR ANY REGISTRAR WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WALTBREN COMPUTING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WALTBREN COMPUTING, LLC MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO WALTBREN COMPUTING, LLC FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS. TO THE EXTENT APPLICABLE STATE DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW


Limitation of Liability.
Hosting
WaltBren Computing, LLC shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from WaltBren Computing, LLC servers going off-line or being unavailable for any reason whatsoever. Further, WaltBren Computing, LLC shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of WaltBren Computing, LLC servers. All damages shall be limited to the immediate termination of your service.  WaltBren Computing, LLC will not be held responsible for any problems that a reseller's customer may have.  We will always do our best to keep things running smoothly and to ensure that your web experience is the best. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data miss-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Number, Password or security authentication; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your Web site; (8) loss or liability from your inability to use our mail service; or (9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration fee or deregistration fee

Refusal of Service
WaltBren Computing, LLC shall be the sole arbiter of what is and is not a violation of these acceptable use policies. WaltBren Computing, LLC reserves the right to terminate any account at any time and for any reason. WaltBren Computing, LLC reserves the right to delete all content and files upon termination. WaltBren Computing, LLC reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. WaltBren Computing, LLC reserves the right to refuse, cancel, or suspend service at our sole discretion.

 In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. WaltBren Computing, LLC may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of WaltBren Computing, LLC as reflected in the original provision.

This Agreement and all rights hereunder shall be governed by the laws of the State of Alabama. Any action relating to this Agreement or to your use of the WaltBren Computing, LLC site shall be brought exclusively in the courts of Alabama in the USA.

WaltBren Computing, LLC reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.

 This Agreement, the WaltBren Computing, LLC fee schedule, the hosting terms of use and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and WaltBren Computing, LLC, and supersede and govern all prior proposals, agreements, or other communications.

All Sub-Networks and distributive hosting sites of WaltBren Computing, LLC must adhere to the above policies.

Complaints regarding Illegal Use or System or Network Security issues and complaints regarding email abuse or SPAM should be sent to abuse@waltbren.com

Failure to follow any term or condition will be grounds for immediate shut down.


Our policy on transfer:

In the case that a site's bandwidth becomes very resource intensive (10% of system resources, CPU  load or 10% of the transfer allotted to that server is considered resource intensive), we may have to ask the site owner to help with the costs associated with the use of our system. Normally you can get around 50,000 standard page views per GB of transfer.  Real Audio/Video and/or a cgi or graphic intensive site will consume more bandwidth than standard page views as each file that is called by a visitor consumes bandwidth.

In the event that your site becomes so trafficked that it is requiring several GB of transfer per month, we will contact you to see if we can give you any ideas on how to bring your transfer down.  Sometimes it can be a simple program change or researching to see if people are linking to your graphics or files (that is a very fast way to eat up your bandwidth - so do not let people link to your stuff)

If we are unable to lower it, at this point we will either pass along the cost of the extra bandwidth or help you find a host with more bandwidth to offer or in extreme cases where you are taking up 20 or 30 GB per month, a dedicated server to set you up on with a good company we know. At the present time, as of this writing, extra bandwidth is $8.00 per GB per month.

We do our transfer in this manner to try to keep with Acts 2:44-45 "and all that believed, were together and had all things common and sold their possessions and goods and parted them to all men as every man had need."

We feel that if we, as a body, will share the resources available to us, we will be keeping with this scripture. If you are transferring an existing site that already receives several GB of transfer per month, contact us and we will find a solution for your hosting needs.

The only reason that we would ever cancel your domain because of transfer is if you refuse to cooperate or we feel that you are abusing our system.  Then we will have to ask you to move your site to another option or cancel your account.

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Copyright 2003 WaltBren Computing, LLC All Rights Reserved

 

This Page Last Updated: March 06, 2004      
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