WordHustler Terms and Conditions
WordHustler Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: ”Client”, “Member,” “You” and “Your” refers to you, the person accessing this website and accepting WordHustler’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to WordHustler. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of WordHustler’s stated services/products, in accordance with and subject to, prevailing American law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy Statement We are committed to protecting your privacy. Authorized employees within the company are on a need to know basis re: use of any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Specific offences exist for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Confidentiality Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than specific writing Markets as expressly requested by Client. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address or phone number for unsolicited mail. Any emails sent by WordHustler will only be in connection with the provision of agreed services and products.
Copyright and Intellectual Property Policy WordHustler vigorously upholds the intellectual privacy of our Members. See our Copyright and Intellectual Property Policy HERE.
Privacy You, the Client, understand and agree that personal information provided to us in connection with the Service is subject to the Service’s Privacy Policy.
Use of Electronic Communications
WordHustler may communicate with you regarding the Service by means of electronic communications, including (a) sending electronic mail to the email address you provided during registration, or (b) posting notices or communications on our Site. You agree that we may communicate with you by means of electronic communications the following: this Terms of Service (and revisions or amendments), notices or disclosures regarding the Service, payment authorizations, and any other matter relating to your use of the Service.
You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by you when we send the electronic communication to the email address you provided at the time of registration or as revised by you thereafter in accordance with this Terms of Service, or when we post the electronic communication on the WordHustler site. For those communications or records that we are otherwise required under applicable law to provide in a written paper form to you, you agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) you may contact us through the contact page to request another electronic copy of the electronic communication without a fee; (b) you may contact us through the contact page to update your registration information used for electronic communications or to withdraw consent to receive electronic communications; or via mail, also found on our contact page and (c) we reserve the right to terminate your use of the Service if you decline or withdraw consent to receive electronic communications from us.
Exclusions and Limitations The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, WordHustler:
§ excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the WordHustler’s literature; and
§ excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised WordHustler of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
WordHustler does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Shipping and Handling Details WordHustler guarantees shipment of each order within 3 business days of order placement. At the earliest and depending on material load, orders will ship the next business day. At the latest, orders will ship by the third business day. Keep this in mind when submitting time sensitive material.
Payment Major Credit/Debit Cards (Visa, Mastercard, and American Express) are all acceptable methods of payment. All financial transactions are overseen and exclusively handed by Google Checkout™ and will therefore be processed in the manner to which Google’s Terms and Conditions see fit. All goods remains in house at WordHustler until paid for in full.
In order to use the website and Google Checkout, you must complete all required information elements on the Service registration web pages. You must register a valid credit or debit card as a Payment Instrument to make Payment Transactions and pay fees and other obligations arising from your use of the Service. You must provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of the Service, or to assist in determining whether to permit you to continue to use the Service.
Google Checkout Terms and Conditions: https://checkout.google.com/termsOfService?type=Buyer#US
Taxes Clients shall be liable for, and shall reimburse WordHustler and indemnify and hold Company harmless from all local, state, federal and non-United States taxes or similar assessments or charges (including any interest and penalties imposed thereon) other than taxes based on the net income of Company, arising out of, or relating to this Agreement or the sale of the Services and Products hereunder.
Pass Through Items and Other Expenses WordHustler will have the right at any time during any term of this Agreement to pass through and invoice to Clients any new or increased fees, assessments, taxes or other charges imposed on or required to be collected by WordHustler by any governmental agency or any new or increased charges by any carrier that affect Company’s costs in providing Services and Products to Clients. Clients also will be responsible for paying any sales, license and use taxes, fees, or assessments levied by any local, state or federal government or governmental agency with respect to the provision of Services and Products under this Agreement. Client will pay and be solely responsible for all taxes, fees and charges levied directly upon it.
Termination of Agreements and Refunds Policy Both the Client and WordHustler have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway.
Username and Password Information You are responsible for: 1) maintaining the confidentiality of your username and password, 2) any and all transactions by persons that you give access to or that otherwise use such username or password, and 3) any and all consequences of use or misuse of your username and password. You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Service of which you have knowledge. If Buyer is a business entity, Buyer agrees that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by Buyer with the authority to use the Service and legally bind Buyer. Buyer shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by Buyer, that access the Service using Buyer’s user name and password.
Maintenance WordHustler designates time periods (”Scheduled Maintenance Windows”) during which it may limit or suspend the availability of the hardware and/or software involved in providing its Services and Products (an “Outage”) to perform necessary maintenance or upgrades. If planned maintenance has the possibility of making the server or servers, as the case may be, utilized by Customer inaccessible to the Internet during a Scheduled Maintenance Window, Company will provide detailed estimation of when site and/or services will return to functionality.
Obligations of the Client Upon notice from WordHustler, Client promptly shall eliminate any hazard, interference or service obstruction that any hardware or software used by the Client, whether or not provided by WordHustler, is causing, or is likely to cause. If Customer requests WordHustler to assist it in removing any hazards, interference or service obstruction that Customer Materials and/or project uploads/PDFs are causing or are likely to cause, WordHustler may, but is not required to, assist in such removal.
Availability Unless otherwise stated, the services featured on this website are only available within the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of WordHustler. WordHustler does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify WordHustler, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within WordHustler on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies Like most interactive web sites WordHustler’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies
Links from this website We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. WordHustler will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice Copyright and other relevant intellectual property rights exists on all text relating to WordHustler’s services and the full content of this website. WordHustler’s logo is a registered trademark in the United States The brand names and specific services of WordHustler featured on this web site are trade marked.
Communication We have several different e-mail addresses for different queries. These, & other contact information, can be found on our contact page or via Company literature or via WordHustler’s stated telephone, facsimile or email addresses.
Prohibited Uses of Services and Products In addition to the other requirements of this Acceptable Use Policy, the Customer may only use the Services and Products in a manner that, in the WordHustler’s sole judgment, is consistent with the purposes of such Services and Products. If the Customer is unsure of whether any contemplated use or action is permitted, please contact WordHustler. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
3.1 General.
3.1.1. Resale of Services and Products, without the prior written consent of WordHustler.
3.1.2. Deceptive online marketing practices.
3.1.3. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer.
3.1.4. Actions that restrict or inhibit any Person, whether a customer of the Company or otherwise, in its use or enjoyment of any of the Company’s Services or Products.
3.2. System and Network.
3.2.1. Introduction of malicious programs into the network or server (e.g., viruses and worms).
3.2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this Section 3.2.2., “disruption” includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
3.2.3. Executing any form of network monitoring which will intercept data not intended for the Customer’s server.
3.2.4. Circumventing user authentication or security of any host, network or account.
3.2.5. Interfering with or denying service to any user other than the Customer’s host (for example, denial of service attack).
3.2.6. Using any program/script/command, or sending messages of any kind, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.
3.2.7. Creating an “active” full time connection on a Company-provided dial-up account for Internet access by using artificial means involving software, programming or any other method.
3.2.8. Utilizing a Company-provided dial-up account for purposes for Internet access other than facilitating connectivity to theServices and Products provided by the Company. This includes copying or creating files utilizing more than 5MB of disk space on the dial-up account servers.
3.2.9. Failing to comply with the Company’s procedure relating to the activities of customers on the Company’s premises.
3.3. Billing
3.3.1. Furnishing false or incorrect data on the order from, contract or online application, including fraudulent use of credit card numbers.
3.3.2. Attempting to circumvent or alter the processes or procedures tomeasure time, bandwidth utilization, or other methods to document”use” of the Company’s Services and Products.
3.4. Mail.
3.4.1. Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers of the Customer or with whom the Customer does not have an existing business relationship (”E-mail spam”).
3.4.2. Harassment, whether through language, frequency or size of messages.
3.4.3. Unauthorized use, or forging, of mail header information.
3.4.4. Solicitations of mail for any other E-mail address other than that of the poster’s account or service with the intent to harassor to collect replies.
3.4.5. Creating or forwarding “chain letters” or other “pyramid schemes” of any type.
3.4.6. Use of unsolicited E-mail originating from within the Company’s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company’s network.
3.5. Usenet Newsgroups.
3.5.1. Posting the same or similar messages to large numbers of Usenet newsgroup (”Newsgroup spams”).
3.5.2. Posting chain letters of any type.
3.5.3. Posting encoded binary files to newsgroups not specifically named for that purpose.
3.5.4. Cancellation or superseding of posts other than your own.
3.5.5. Forging of header information.
3.5.6. Solicitations of mail for any other E-mail address other than that of the poster’s account or service, with intent to harass or to collect replies.
3.5.7. Use of unsolicited E-mail originating from within the Company’s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company’s network.
Please note that the following only apply if the Customer uses the relevant platform and has purchased web site hosting services and/or products.
3.6. Roles Regarding UNIX Managed Server.
3.6.1. Customer may not create/update/delete accounts created and maintained by the Company. Specifically, the Company account may not be altered in any manner nor may any account with a UID of less than 1000 be altered.
3.6.2. Customer may not change the participating or mount points of any drive.
3.6.3. Customer may not create/update/delete any file in the/usr directory tree.
3.6.4. Customer may not install Microsoft(C) FrontPage Extensions unless updated on the/usr directory tree.
3.6.5. Customer may not create .rhosts or/etc/.host.equiv files.
3.6.6. Customer may not implement any procedure or process that would allow one to login as root without using the root password. Customer may not create suid scripts or programs.
3.6.7. Customer may not alter the system kernel.
3.6.8. Customer may not alter the /sys or /etc/system directory trees or any files contained therein.
3.6.9. Customer may not apply operating system and application patches to software not installed and solely maintained by the Customer, unless notification is given to the Company.
3.6.10. Customer may not change the root shell.
3.6.11. Customer may not alter the contents of /.k5login.
3.6.12. Customer may not alter /etc/fstab or /etc/vfstab.
3.6.13. Customer may not share or export file systems. This includes modifying /etc/exportfs, /etc/dfs/sharetab, and /etc/netgroup.
3.6.14. Customer may not modify the decode or root alias in the /etc/aliases file.
3.6.15. Customer may not change the “identify” of the system. This includes modifying /etc/hosts, /etc/hostname.*, /etc/defaultrouter, /etc/networks and /etc/ethers
3.6.16. Customer may not modify the system in any manner that restricts or alters access to the system by the Company’s employees.
3.6.17. Customer may acquire root privileges after successful login of a valid non-root userid and using su to gain access as root.
3.6.18. Customer may create/update/delete all aspects of Customer created user accounts. This may include modifying home directory permissions, user passwords, etc.
3.6.19. Customer may use FTP to create/update/delete files and directories.
3.6.20. Customer may add to, but may not modify, existing data in the following configuration files: /etc/aliases, /etc/group, /etc/rc.local, /etc/sendmail.cf file and root crontab.
3.6.21. Customer may install software on the server provided the installation meets all of the criteria detailed above, and the Company is notified of such installation.
Enforcement WordHustler may immediately suspend and/or terminate the Customer’s service for violation of any provision of the Acceptable Use Policy upon verbal or written notice, which notice may be provided by voicemail or E-mail. However, WordHustler attempts to work with the Customer to cure violations of the Acceptable Use Policy and to ensure that there is no re-occurrence of violations prior to suspension and/or termination.
Force Majeure The parties acknowledge that the limitations set forth in this document are integral to the amount of fees levied in connection with this Agreement, and that, were WordHustler to assume any further liability other than as set forth herein, such fees would of necessity be set substantially higher. WordHustler does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the Services and Products or any information that may be obtained therefrom is at Customer’s own risk. Company shall have no responsibility or liability for the accuracy or quality of information obtained through its Services and Products.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
WORDHUSTLER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. WORDHUSTLER SHALL NOT BE LIABLE FOR ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND WORDHUSTLER SHALL HAVE NO LIABILITY THEREFORE.
Indemnification In addition to other indemnification provided herein, Customer agrees to indemnify and hold harmless Company, each Company Affiliate and the officers, directors, employees and agents of Company and each Company Affiliate (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
Waiver Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General The laws of the United States govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the American courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of WordHustler to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of WordHustler.
Notification of Changes WordHustler reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a submission or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
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