Terms of Service

Capitola Works provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Capitola Works are subject to the following terms of service.

Billing

We bill annually (one year) or monthly (one moth at a time) depending on your initial choice. We accept Visa, Master Card American Express and Discover cards. Please note that we will setup your account and eMail your login information immediately upon receipt of payment.

For future billing, Capitola Works will send you a bill via eMail notifying you of the amount due if you are billed annually. We will charge your credit card every month if you are billed monthly until you advise us to do otherwise. Should you desire to update your credit card information, please LOG IN above and let us know.

Delinquent Accounts: Your eMail billing will notify you of the due date for your annual payment. If payment is not received by that due date, we will suspend your account. We will then notify you of this via eMail. If we still do not hear from you within two weeks we will automatically delete your account from our servers.

If you know that you are going on vacation (or will be away for an extended period of time) and a billing cycle is approaching you need to notify us in order to make other payment arrangements or pay ahead of time. We will work with you, but we must be notified or else you risk losing your account. With as many accounts as we have, we would rather spend time helping clients with hosting issues or adding new features to our services than chasing payments. So, please, make every effort to submit payments in a timely manner.

Account Cancellations:  When you need to cancel an account, please eMail billing@cwww.com and our billing representative will be in touch with you.

Capitola Works will send you an eMail reminder one month prior to your annual hosting account renewal date. Should you decide to stay with Capitola Works or if you would like to cancel, please reply to our eMail and let us know. Should you decide to cancel your hosting account after we have debited your credit card for the next billing cycle we will not be able to give you a refund. There are no exceptions.

Content Restrictions:

All services provided by Capitola Works 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 Capitola Works.com and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography is prohibited on all Capitola Works servers. This includes sites that include sexually explicit or hardcore images and/or advertising. We allow sites of an adult nature, but we do not allow pornographic sites. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. Capitola Works reserves the right to determine what is and what isn't acceptable for our servers.

Any illegal MP3 archives, downloads and streaming is strictly prohibited in any shape or form. Capitola Works will not allow users to store, offer downloads or streaming of illegal mp3s or those audio files violating copyright law. This would also apply to video files. Any site found to be doing so will be removed immediately from our servers without notice or refund. We do allow audio or video files that are covered by copyright law to be stored, downloaded or streamed from our servers.

Promulgation of viruses. Using your account to store or distribute viruses is strictly prohibited. Any violation or activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action will be taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination without refund.

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

Examples of unacceptable content or links:

- Pirated software
- Hacker programs or archives
- Warez sites

Capitola Works will be the sole arbiter as to what constitutes a violation of this provision. Sites found to contain (or contain links to) pirated software, hacking or hacker programs will be shut down immediately and will not be allowed back on the server. Any information or files on these servers will be deleted shortly thereafter and you will never regain access to it.

Transfer (Bandwidth):

Each account is allowed a certain amount of bandwidth (please see our hosting plans page under Traffic to see the amount allowed for your plan). Should a client exceed it's limit, there is an excess charge of $20/GB over that amount. It should be noted that we have not yet had an instance where a client has been billed for extra transfers. Most of our clients don't even come close to their limit per month. Please let us know if you have any questions about this and we would be glad to assist you.

Commercial Advertising - eMail:

Since spamming is illegal in many states and countries we cannot afford to let spam mail pass through our servers under any circumstances. If you plan on using your account for unsolicited, bulk eMailing please stop right here and do not sign up for an account with us. Should we discover that you are sending spam through our servers or sending spam that references pages on our servers, your account will be immediately deleted without notice and no refund of any kind will be made. Capitola Works will be the sole arbiter as to what constitutes a violation of this provision.

Background Running Programs:

Clients are not allowed to operate any background processes such as IRC bots, eggdrop, BitchX, post scanners without prior approval from Capitola Works. We may allow other non-abusive programs to run continually in the background but 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.

IRC:

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

Server Abuse:

Any violation will result in immediate deletion of a site from our servers without notice and refund of any fees paid in advance.

Refusal of Service:

We reserve the right to refuse, cancel, or suspend service at our sole discretion if client violates any part of this Terms of Service.

Limitation of Liability:

Capitola Works shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Capitola Works servers going off-line or being unavailable for any reason whatsoever. Furthermore, Capitola Works 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 Capitola Works servers. All damages shall be limited to the immediate termination of service and the refund of the remaining unused amount paid in advance, if any.

Violations of these Terms of Service should be reported to abuse@cwww.com.

All complaints will be investigated promptly.

Disclaimer:

Capitola Works 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 was functioning. Certain services provided by Capitola Works are resold. Thus, certain equipment, routing, software, and programming used by Capitola Works are not directly owned or written by Capitola Works. Moreover, Capitola Works holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be 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 Capitola Works sees fit.

Account Activation:

By signing up for any of the services offered by Capitola Works, client agrees to hold Capitola Works and any and all of its officers, directors, stockholders and employees safe and harmless from any and all actions, policies, negligent and criminal acts that may be performed by client in connection with clients utilization of any and all services provided by Capitola Works. The transfer of a domain owned by a client to a server utilized by Capitola Works or the use of our server so as to host a new domain shall constitute the beginning of the use of services provided by Capitola Works by client regardless of whether or not client has paid for said services at any given time.

FURTHERMORE, Capitola Works retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.