Zero Tolerance Spam Policy

Effective: November 19, 2003

Violations, queries and information regarding our Spam 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 Zero Tolerance Spam 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.

UCE (Unsolicited Commercial Email), Spam is defined as:

(a) Bulk, unsolicited commercial email, promotional material or other forms of solicitation sent via email that advertises any IP address, URI or URL belonging to the Company or any URI or URL (domain) that is hosted by the Company;

(b) Unsolicited postings to newsgroups, forums or communities advertising any IP or URL hosted by the Company;

(c) The use of websites, also know as "ghost sites", set up on any server connected to the Internet and/or World Wide Web that directly or indirectly refer visitors to domains or IP addresses hosted by the Company;

(d) Advertising, transmitting or otherwise making available any software, program, script, code, product or service that is designed to facilitate a means to send bulk unsolicited email;

(e) Forging or misrepresenting email message headers, whether in whole in in part, to mask the true origin of the message.

Additional information on email abuse may be reviewed at the Mail Abuse Prevention System (MAPS) website.

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. ZERO TOLERANCE OF MODIFIED OR FORGED EMAIL HEADERS, UCE AND/OR SPAM
You agree that the Company has the right, at its sole discretion, to decide what it considers SPAM, UCE, Mail Bombing or Bulk Email, and to determine from all of the evidence whether or not a Mailing List you offer, email you have sent or messages posted to newsgroups, forums or web communities is in violation of the terms of this Policy.

3. POSTING TO NEWSGROUPS, FORUMS AND/OR WEB COMMUNITIES
You agree to only to post and/or send messages that are proper and related to a Newsgroup, Forum or Web Community in which you are participating when those posts or messages in any way refer readers back to a URI, URL or domain hosted by the Company, whether by content, direct address or via an email address. By way of example, and not as a limitation, you agree that you will not:

(a) Post unnecessary threads, known as "spamming", to gain increase in total number of posts in a given forum or community;

(b) Impersonate any person or entity, including, but not limited to modifying headers with the intent to misrepresent or forge your identity;

4. USE & MANAGEMENT OF MAILING LISTS AND/OR MAILING LIST SERVICES

(a) All Mailing Lists offered or related to a URI, URL or IP administered and/or hosted by the Company must be Opt-in/Opt-out, whether physically administered on a domain hosted by the Company or provided by a third-party offsite;

(b) The email addresses of new subscribers must be confirmed or verified before mailings commence;

(c) An easily located, simple method for subscribers to terminate their subscriptions, with clear and effective instructions, must be provided; the location of such process and instructions must be included in all mailings;

(d) An alternate "out of band" process must be provided for subscribers who wish to terminate service but are reluctant, unwilling or unable to use traditional or standard automated processes;

(e) Mailing Lists must be optimized and maintained in such a manner as to not impact networks or hosts via regular procedures to remove invalid or undeliverable addresses and/or to stagger delivery of mailings.

(f) Administrators of Mailing Lists must put in place processes designed to prevent their lists being used in an abusive manner by unauthorized parties, such as maintaining a list of email addresses from which subscription requests are rejected or domains from which all subscription requests are rejected, such rejections at the behest of the party authorized to control the email address or domain.

(g) Mailing Lists must provide adequate detail regarding how subscriber addresses and/or information collected will be used, including whether or not such addresses or information may be sold, traded, or otherwise shared with third parties. In other words, a publicly published Privacy Policy and/or Terms & Conditions of Use.

(h) Purchased Mailing Lists are not to be considered Opt-in regardless of the original terms under which the list was compiled; subscribers of such lists must be given notice of the sale and purchase, as well as the option to unsubscribe as under sub-steps (c) and (d) above.

(i) There must be publicly published disclosure of the nature of a Mailing List, its content and anticipated frequency of mailings. A substantive change in subject matter, content or frequency may constitute a new and separate mailing list requiring a separate or renewal subscription. In this event, subscribers of the pre-existing list should be notified of the change and should not automatically be considered subscribed to the new list until they have confirmed the subscription.

5. PENALTIES, RESTRICTION OF ACCESS AND/OR TERMINATION OF SERVICE(S)
The Company will charge a penalty of $250 per instance of abuse of this Policy, such fine being subject to the Service Terms and Conditions of your Hosting Account with the Company; failure to pay it will result in the suspension and/or termination of such account and Service. After 3 such abuses the Company reserves the right, at its sole discretion, to remove and/or discard any content or records maintained within the Service in voliation of this policy, and/or to terminate your use of any and/or all Services provided by the Company without notice.

You agree that any termination of your access to the Service under any provision of this Policy may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your Membership and all related information and files in your Membership and/or bar any further access to such files or the Service(s). Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Service. 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.

6. 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 Zero Tolerance Spam Policy, or your violation of any rights of another individual or entity.

7. 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.

8. 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 @.)

9. 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.

10. 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

11. 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.