Terms

Unacceptable Content

All services provided by WAY3.COM 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, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless WAY3.COM and its employees from any claims resulting from the use of the service that damages the subscriber or any other party.

WAY3.COM will be the sole arbiter as to what constitutes a violation of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to WAY3.COM servers or any other server on the Internet. Links to such materials are also prohibited.

Email

Spamming, or the sending of unsolicited e-mail including, without limitation, commercial advertising and informational announcements, from a WAY3.COM server or using e-mail address or domain that is maintained on a WAY3.COM machine as reference is STRICTLY prohibited. WAY3.COM will be the sole arbiter as to what constitutes a violation of this provision. A user shall not use another site’s mail server to relay mail without the express permission of the site. WAY3.COM will be the sole arbiter as to what constitutes a violation of these provisions.

System and Network Abuse

Server Abuse:
Any attempt to undermine, compromise the security of, or otherwise cause harm to any WAY3.COM server or customer accounts is strictly prohibited and will result in the cancellation of the account.

Background Running Programs:
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Limited Liability

WAY3.COM shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with WAY3.COM services, including but not limited to damages for lost profits, loss of use, lost data, down time, loss of privacy, damages to third party even if WAY3.COM has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.

Responsibility

WAY3.COM will not censor any content on the INTERNET. It will be the CLIENT’s responsibility for the usage of his account and any consequences of this usage.  In the event of any dispute between two or more individuals and/or parties as to account ownership, WAY3.COM will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any WAY3.COM subject to dispute) will be final and binding on all parties.

Money Back Guarantee

WAY3.COM is pleased to offer a money-back guarantee within 30 days of your account activation should we fail to provide satisfactory service. We do not refund domain registration fees. Furthermore, WAY3.COM will not and cannot be responsible for any fees that you charge for your services to your customers. Our guarantee does not apply to accounts, which violate our acceptable use policies, exceed the data transfer limits, domain name registrations, or setup fees.

Disclaimer

WAY3.COM cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site were functioning. Moreover, WAY3.COM holds no responsibility for the use of our clients accounts. If any terms or conditions are not followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as WAY3.COM sees fit.

Term

This Agreement shall be for an “Initial Term” as chosen by you in the Order Form located on this Site at the time you register for the Services. This Agreement will be automatically renewed (the “Renewal Term”) at the end of the Initial Term for the same period as the Initial Term unless you provide WAY3.COM with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term. You must provide WAY3.COM with your notice of termination by sending an email to billing {at} way3 {dot} com or as otherwise provided by this Agreement. You must provide WAY3.COM with sufficient customer identification information so that WAY3.COM may properly identify you and your account. Any notice of termination will be effective following thirty (30) days afterWAY3.COM’s receipt thereof.

Account Activation

By activating your account with WAY3.COM, you agree to the above policies and disclaimer. Upon requesting account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

Billing

Payments may be made via check, money order and credit card. If you select to pay via credit card, your account will automatically be re-billed for future invoices unless you request otherwise.

Choice of Law and Forum

THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF ARIZONA, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN ARIZONA, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.