CGI Abuse Policy

Effective: November 19, 2003

Violations, queries and information regarding our CGI Abuse Policy should be addressed to abuse[at]web-o-mat.net (replace the [at] with @).

Use of the Service(s) offered by Web-o-Mat.net are subject to the terms of this CGI Abuse Policy. Your use of this Website and related Service(s) constitutes your agreement to comply with this policy.

For purposes of this Policy, the following definitions shall apply:

Company shall mean Web-o-Mat.net, a divison of b.peters.inc, and/or b.peters.inc;

Website shall mean the Web-o-Mat.net site;

Customer(s), Member(s), User(s) shall mean all customers of the Company and/or users of the Website and related Services;

Service(s) shall mean any and all service(s) provided by the Company; including but not limted to Hosting Plans, Domain Registration, Web Site Design Templates or Custom Design Services, Script Installation, Management Consulting, Forums, Communities and any other current or new services that the Company shall provide now or in the future;

Membership shall mean any Web Hosting Service or participation in a Forum or Community provided by the Company.

CGI Abuse shall mean any program, script, code or software using excessive amounts of system resources.

Excessive Amounts shall mean any amount that results in substantial degradation of server performance.

Agreement between Customer, Member and/or User and the Company

1. ACCEPTANCE OF TERMS
Your use of this Website and/or Services constitutes your agreement to all such terms, conditions and notices pursuant to the use of such site or service(s).

2. RESTRICTION OF ACCESS AND/OR TERMINATION OF SERVICE(S)
Accounts determined to be using excessive amounts of server resources will receive an email warning from the Company with relative information and options, if applicable, for reducing resource usage or upgrading your account. A window of 24 hours will be allowed for compliance in most cases; the Company reserves the right to disable scripts immediately should it determine, at its sole discretion, that it is necessary to do so in order to preserve server performance. Failure to comply within the window allotted will result in the offending script and/or process being disabled and/or removed from the server. The Company reserves the right to deny any user access to its Service(s) or any portion thereof without notice and at its sole discretion.

You agree that the Company has the right, at its sole discretion, to decide what constitutes degradation of server performance, use of excessive amounts of server resources and/or CGI Abuse and that any termination of your access and/or use of a script, process or the Service under any provision of this Policy may be effected without prior notice at the sole discretion of the Company, and acknowledge and agree that the Company may immediately deactivate or delete such script, process or Service . Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to such script, process or Service.

3. LIABILITY AND INDEMNIFICATION
You agree to defend, indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your contents, your use of the Service, your connection to the Service, your violation of this CGI Abuse Policy, or your violation of any rights of another individual or entity.

4. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

5. ABUSE CONTACT
Contact abuse[at]web-o-mat.net with questions, concerns or problems with this Website and/or the Terms & Conditions of Service. (Replace [at] with @.)

6. MODIFICATION OF THESE TERMS AND CONDITIONS
The Company reserves the right to change the terms, conditions, definitions and notices related to this Policy. No prior notice may be given.

7. WRITTEN NOTICES
Any written notices or communications required by this Policy shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party or representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal carrier with a return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile transmission; (5) three calendar days after date of email transmission to Customer, Member or User of the Service, whether or not receipt is confirmed or email is returned as undeliverable due to an incorrect or non-existant email address supplied by the Customer, Member or User.

If to the Company:
Web-o-Mat.net, a division of b.peters.inc
1929 - 135th Ave NW
Minneapolis, MN 55304 USA

If to Customer, Member or User:
Name and address, or email address, provided to the Company, as applicable

8. GENERAL INFORMATION
The relationship between you and the Company shall be governed by any local, state and federal laws of the United States of America without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Minnesota. The failure of the Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.