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Hosting Terms of Service

Webs Best Safelists (the "host") is an online safelist hosting service provided by SunnEagle Enterprises, subject to your compliance with the terms and conditions set forth below.

Please read this document carefully before accessing or using this site. By accessing or using the site, you are agreeing to be bound by the Terms and Conditions set forth below. If you do not wish to be bound by the Terms and Conditions, you may not use or access this site. Webs Best Lists may modify this agreement at any time and such modifications shall be effective immediately upon posting of the modified agreement on this site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.

Webs Best Lists will not hesitate to remove and revoke any safelist hosting membership and privileges, if it is a violation of our Terms Of Service, our Safelist TOS or The CAN-SPAM Act you will be suspended WITHOUT REFUND - no exceptions.

What is a Safelist?
A safelist is a membership based program that offers members the ability to send their ads to other members. When joining our safelists ALL members must validate their list and contact email addresses. When you validate your email address you are giving your permission to receive emails from other members and admin. In return you can send members your ads. Members IP addresses are registered at time of joining.

ANYONE REPORTING ALLEGED SPAM TO ANY PERSON OR PERSONS, WITH OUT PHYSICAL PROOF OF SUCH A CLAIM IS GUILTY OF BOTH FRAUD & A CIVIL CRIME AND WILL BE PURSUED AND PROSECUTED TO THE FULLEST EXTENT OF THE LAW.

Webs Best Automated Send Times - All free members can send no more often than 1 time per week. Pro members can send every 72 hrs, Premium members every 48 hrs, and Executive Members every 24 hrs. This does not effect any members ability to use the unlimited send times feature with credits. Only the automated send times.

Giving Away Free Paid Memberships We allow up to 40 Free Paid safelist membership give aways. We recommend giving away 40 Free Pro accounts to get your safelist started.

Your Hosting Fee Your hosting fee will not go up until you reach 1000 members. Your price increases $5.00 after 1000 members and $5.00 for every additional 500 members.

Validations: This shouldn't need to be said, but here we are. At NO Time can you validate a safelist member. Your safelist will be shut down with NO refunds given and you can and will be sued for any claims of SPAM against Webs Best Lists.

Your Members & Safelist Rules We require that you make sure your members comply and understand the safelist rules. Each member must agree to these rules before they sign up for your safelist. Click Here to view the safelist rules for ALL safelist hosted with Webs Best Lists.

Host Membership - You will have a free member sign-up using the name Host Monitor, with the ID "freelists". That is Webs Best Lists membership and can not be deleted. This account is used to monitor all emails going out server wide. Please understand with the strong Can SPAM laws this is imperative to protect all safelist owners and our hosting business.

Databases If you are adopting a safelist you do not have rights to the database. If you start a new lists and decide to go somewhere else, then you can have a copy of your members table from your database. This will be supplied to you as soon as you request a copy.

Limitation of Liability in no event will Webs Best Lists be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, etc) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or down loaded from the service, or any delay of such information or service. Even if Webs Best Lists or it's authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information down loaded the service. Because some State Do No Allow the Exclusion or Limitation of Liability for consequential or incidental damages, the above limitation may not apply to you. In such State, Webs Best Lists liability is limited to the Greatest Extent Permitted By Law.

Indemnification You agree to indemnify, defend and hold harmless Webs Best Lists, its officers, directors, employees, agents, licensor, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

NO FALSIFYING OF ACCOUNT INFORMATION You must use Your own name, email addresses and any other info we may ask for the setup of your account. You can not sign up as someone else with the intent of causing damage, fraud or misrepresentation. This includes using email addresses that you may not own or with the intent of causing damage by creating email forwards to another email address you do not own. This is Fraud And Misrepresentation and will be PURSUED AND PROSECUTED TO THE FULLEST EXTENT OF THE LAW

SPAM WILL NOT BE TOLERATED Promotion of your safelist through 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 or with whom the sender did not have an existing business relationship ("E-mail SPAM"). Purchasing of Email Addresses with the intent to promote your safelist will be considered "Email SPAM" as these people generally have not given permission for their email address to be sold. Webs Best Lists reserves the right to determine in its sole discretion and based on the information available what constitutes SPAM as well as what measures are necessary in response to SPAM complaints.

ALL VERIFIED SPAM COMPLAINTS ARE SUBJECT TO A MINIMUM $250 FINE (1)Your Safelist Hosting Account SUSPENDED and/or REMOVED (2) Assistance with any litigation resulting (3) Liable for all damages and costs occurred due to Verifiable SPAM Complaint.

NO SPAM FILTERS INCLUDING SPAM TERMINATOR SPAM filters are NOT permitted on your CONTACT email address. This includes: SPAM Terminator. SPAM Terminator replies once to an email received with an advertisement and this email is also used to verify that the sending email address is valid. This then creates an auto-response with advertisement, which is not allowed. We want to make sure OUR updates reach you as they may be critical with your account with Webs Best Lists.

SPAM BLOCKING EMAIL ADDRESSES ARE STRICTLY FORBIDDEN Anyone using an SPAM blocking email address will have their account suspended. As program owners our emails to you must go through without us having to verify we are a real person!! (spamarrest, mailblock etc).

Policy Enforcement When Webs Best Lists becomes aware of any alleged violation of this TOS, We will immediately begin an investigation. Webs Best Lists, may at its own discretion anytime during our investigation, restrict a User?s access in order to prevent any further possible unauthorized activity. Webs Best Lists may, at its sole discretion, restrict, suspend, or terminate a User?s account and/or pursue other legal remedies. If such violation is a criminal offense, Webs Best Lists will immediately notify the appropriate Law Enforcement Agencies of such violation. Webs Best Lists may be used for lawful purposes only.

NO PORNOGRAPHY, ADULT Biz Opps (OF ANY KIND), RACIST or HATE mail is to be sent through your safelist If you are aware of an occurrence by one of your members, you must terminate their account and contact us with the information.

Any safelist owner attempting to harass, threaten or send any harmful messages to anyone within safelists hosted by Webs Best Lists will have their Safelist Hosting membership terminated immediately!

Privacy All account information is held in strict confidence, unless subpoena is issued and tendered to us.

Member Account, Password And Security You are personally responsible for maintaining the confidentiality of your password. You are entirely responsible for any and all activities which occur under your account

Additional Fees for Services Provided Webs Best Lists provides safelist hosting for safelists up to the size of 1000 Members at the said sign-up price. Webs Best Lists reserves the right to charge reasonable additional fees once a safelist reaches 1000 members, this is to ensure all costs and resources will be covered due to the increased membership size. Webs Best Lists will be in direct contact with safelist owner if said safelist goes over 1000 members and will be provided a new price quote for continued list hosting. The price increase will depend highly of the number of FREE paid memberships given away.

Termination This Agreement may be terminated by either party without notice at any time for any reason. Webs Best Lists reserves the right to terminate, without refund or liability, the safelist owner's membership and/or accounts who do not adhere to the above terms of service set out for each safelist hosted with Webs Best Lists. Any safelist that is terminated or canceled by Webs Best Lists or said safelist owner will become the property of Webs Best Lists, including member database. This is done to ensure the safelist members that have joined said safelist will not lose their benefits they are legally entitled to. If you wish to transfer your safelist member database to another safelist hosting company, you need to contact us immediately upon cancellation of your safelist hosting subscription. If any account was terminated due to violation of terms of service, the member database will become property of Webs Best Lists, this includes non-payment for services provided. Safelist owners will be responsible for all refunds that are due to safelist members if requested. Termination of Safelist account with Webs Best Lists does not waive safelist owners responsibility for any such refunds. Webs Best Lists is not liable for any refunds due to individual safelist members on any safelist that is hosted with Webs Best Lists. We reserve the right to alter prices, terms and memberships when said safelist becomes the property of Webs Best Lists.

This Agreement shall all be governed and construed in accordance with the laws of USA applicable to agreements made and to be performed in USA. You agree that any legal action or proceeding between Webs Best Lists and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in USA . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Webs Best Lists failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Webs Best Lists may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.


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