Terms Of Service 

WHEREAS, WCG Inc., (otherwise known as CommercePoint Software)/We is an information provider connected to the Internet CommercePoint Software offers storage and transfer services over the Internet through access to its Web Server; 

WHEREAS, Customer/Customers seeks to utilize CommercePoint Software's server for its own purposes; 

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, CommercePoint Software can make no guarantee that any given reader shall be able to access CommercePoint Software's server at any given time. 

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows; 

Financial Arrangements -- Customer agrees to a thirty (30) day contract minimum (or six (6) or twelve (12) month contract depending on length of pre-payment), plus prorated amount for the current month, beginning upon commencement of service. In other words, if customer sign-up on the 12th of the month, they are responsible for the prorated amount to the end of the current month (18 days), plus the full thirty (30) days of the next month (or six (6) or twelve (12) month period, depending on the length of pre-payment). 

This contract will automatically renew for successive thirty (30) day periods (or six (6) or twelve (12) month periods, depending on length of pre-payment) for the life of the contract until canceled in writing. 

CommercePoint Software must receive notice of termination by either first class mail, or via e-mail from customer at least 30 days prior to end of a month, or the service will be provided and charged to said customer for the following month. 

Billing is done once a month, on the 1st of the month. Payment for the month is due by the 5th of the billing month. If customer fails to pay for their account for 30 days after the date of the invoice, CommercePoint Software may without further notice, terminate said customers account. Termination does not remove customers responsibility to pay all fees incurred up to the date of termination. 

A charge of $25 will be applied to customer account in the event of NSF or returned cheques by the issuing institution. 

For purposes of identification, billing and marketing, said customer must provide CommercePoint Software with accurate, complete, and updated information including your legal name, address, telephone number(s), and applicable payment data (for example, a credit card number and expiration date). 

30 Day Money Back Guarantee -- CommercePoint Software will provide a 30 day money back Guarantee for all CommercePoint Software services, excluding any domain registration, renewal or transfer, excess bandwidth charges or other charges related to setup or utilization of the services. If you are not completely satisfied with our service, for ANY reason, simply contact CommercePoint Software within the first 30 days, and you will be given a complete refund of the monthly service fee. This guarantee does not apply in situations where CommercePoint Software terminated the account due to a breach of these Terms of Service on the Customer part. 

CommercePoint Software Referrals Program -- The CommercePoint Software referrals program applies only to CommercePoint Software customers. Referral credits are applied thirty (30) days after the first payment is received from the referred customer. Referral credits are service credits only - they are not cash redeemable and are thus, only good towards CommercePoint Software services. CommercePoint Software shall be the sole arbiter as to the validity of each Referral. 

Adult Sites/Unacceptable Content -- Pornography and pornographic related merchandising are prohibited under all CommercePoint Software services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, archives of "Warez Sites", game rooms or MUDs, IRC Bots, Egg Drop programs, any kind of illegal software or shareware. In addition sites offering online gambling, casino functionality, sportsbook betting (including offshore), and Internet lotteries are prohibited. 

Copyright Violation -- Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer. CommercePoint Software can and will not be held responsible for the actions of said infringer. 

Customer Support -- CommercePoint Software promotes a mutually professional relationship with its customers. Obscene, abusive, threatening or otherwise harassing communications with agents of the Company, via telephone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. Violation of this will result in refund ineligibility. 

Defamation -- Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against CommercePoint Software whose facilities were used to distribute the defamatory material. CommercePoint Software can and will not be held responsible for the actions of said defamer. 

Distribution and/or Transmission of Obscene or Indecent Speech or Materials -- Violation of indecency and obscenity laws can result in criminal penalties for the violator. CommercePoint Software can and will not be responsible for the actions of said violator. 

Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities -- Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law. CommercePoint Software does not condone, nor take responsibility for any such activities by said customer. 

Export Control Violations -- The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside North America. CommercePoint Software does not condone, nor take responsibility for any such activities by said customer. 

Illegal/Unauthorized Access to Other Computers or Networks -- The illegal or unauthorized accessing, i.e. often known as "hacking", of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states. CommercePoint Software does not condone, nor take responsibility for any such activities by said customer. 

Image Repository -- CommercePoint Software services are not to be used as a software/image repository. This means customer cannot use their account to store images that are pulled from another website. An example of this would be storing images to be pulled from an eBay auction site. 

Software/Script Support -- Customer acknowledges that CommercePoint Software cannot provide technical support for any software and/or script that the customer installs. CommercePoint Software supplies technical support for webhosting issues only. CommercePoint Software shall be the sole arbiter as to what constitutes a "webhosting" issue. 

Spamming -- Unsolicited, commercial mass e-mailing (known as "spamming") is a strongly disfavored practice among Internet users and web hosting providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward us, but also because it can overload our equipment and disrupt service to our customers. This includes listing a hosted domain in any unsolicited email. CommercePoint Software will not tolerate spamming. A single offense will result in the immediate termination of service. CommercePoint Software shall be the sole arbiter as to what constitutes a "spamming" offense. 

Commercial Software / Download Sites -- Customers are not permitted to have any commercially available software, fixes, patches or electronic media (ex. MP3s, AVI, WAVE, etc.) for download on their sites. We reserve the right - at any time, to terminate service if we find that customer has violated this term. Additionally, should customer be found to be in violation of any licensing agreements currently in place, we reserve the right to permanently terminate said customers service without refund. In English - no download sites. 

Other Activities, whether lawful or unlawful, that we determine to be harmful to our customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet will also result in immediate termination of service. 

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. We will not, as an ordinary practice, monitor the communications of our customers to ensure that they comply with our policy or applicable law. When we become aware of harmful communications, however, we may take any of a variety of actions. We may remove information that violates our policies, implement screening software designed to block offending transmissions, or take any other action we deem appropriate, including termination of a customer's contract with us. 

We also are concerned with the privacy of on-line communications. The Internet is not considered a secure medium, therefore CommercePoint Software cannot take any responsibility for the security of communications transmitted over our facilities. 

We will comply fully, with all applicable laws concerning the privacy of our customers' on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our customers unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating to satisfaction. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our customers from harm, or where such disclosure is necessary to the proper operation of the system. 

We are not responsible for loss of customer content due to server or hardware failure. 

Finally, we wish to emphasize that if we are sued because of activities of the customer that violate any law, the customer will pay any damages awarded against us, plus costs and reasonable attorneys' fees. 

We reserve the right to permanently discontinue service, at any time, without notice, should customer be found in violation of our aforementioned terms and conditions. Also, any violations of our aforementioned terms and conditions will result in refund ineligibility. 

Complaints about violators of our policies should be referred to info@commercepoint.biz. Each complaint will be investigated.