By signing up as a client of
Winner's Peak, you are stating
that you fully agree to be bound by all of these Terms and Conditions contained
herein (For information on our web design terms, please click on the following
Winner's Peak's Terms and Conditions - Web Design):
Winner's Peak may only be used for lawful purposes. Any use of these services
which violates any local, state, federal, or international laws which may apply
to Winner's Peak, your local jurisdiction, or any jurisdiction that you or your
site may be subject to is strictly prohibited.
You agree to indemnify and hold harmless Winner's Peak from any and all liability,
losses, damages, costs, penalties, expenses, attorneys' fees, causes of action
or claims caused by or resulting directly and/or indirectly from your use of the
service which damages either you, Winner's Peak, or any other party or parties
without limitation or exception. This indemnification and hold harmless
agreement extends to all issues associated with your account with Winner's Peak.
You assume total responsibility and risk for your use of Winner's Peak and the
Internet. It is solely your responsibility to evaluate the accuracy,
completeness, and usefulness of all opinions, advice, services and other
information, and the quality and merchantability of all merchandise provided
through Winner's Peak.
Winner's Peak reserves the right to refuse or discontinue service to anyone at our
sole discretion. We may deny you access to all or part of the service without
notice if you engage in any conduct or activities that Winner's Peak in its sole
discretion believes violates any of the terms and conditions contained herein.
Winner's Peak shall have no responsibility to notify any third-party providers of
services, merchandise, or information, nor any responsibility for any
consequences resulting from such discontinuance or lack of notification.
Winner's Peak makes no warranties or representations of any kind for the services
being offered. The service is provided on an "as is" and "as available" basis
without warranties of any kind, either express or implied, including but not
limited to warranties of title, non infringement, or implied warranties of
merchantability or fitness for a particular purpose. No advice or information
given by Winner's Peak or its agents or employees shall create a warranty.
Winner's Peak understands the importance of network availability to our customers.
Thus we are making commitments to our customers in the form of a
Level Agreement (SLA). We have developed our SLA to ensure
maximum performance and uptime. If you are dissatisfied with Winner's Peak or any
of its terms, conditions, rules, policies, guidelines, or practices, your sole
and exclusive remedy is to discontinue using the service.
Winner's Peak reserves the right to monitor any and all communications through or
with our facilities. You agree that Winner's Peak is not considered a "secure
communications medium" for the purposes of The Electronic Communications Privacy
Act (ECPA), and that no expectation of privacy is afforded.
You agree that you as the person legally responsible for the use of the URL to
which your host name points and are at least 18 years of age or have your
parent's or legal guardian's permission before using our service.
You agree to adhere to these system policies as published online at along with
any documents specifically linked with that document and mentioned as part of
system policy, including restrictions on services available with each account
type, restrictions on certain features, and all other policies designed to
protect and enhance the quality and reliability of service at Winner's Peak. You
agree to abide by any and all future Winner's Peak decisions.
Winner's Peak will never sell or give away your email address or other information
from this database. Your email address is considered contact information for any
host names you register. DNSWidge will only provide this on request to proper
authorities. It is your responsibility to keep your email address current,
failure to do so may result in a termination of your account.
Winner's Peak also reserves the right to remove any client at any time without any
warning in response to abuse of the network. Winner's Peak defines abuse as
anything that is illegal and/or degrades the network such as to affect other
users of Winner's Peak or the network in general. Winner's Peak feels that spam in
any form, including but not limited to, unsolicited commercial email, IRC
messages and newsgroup postings is a serious abuse of the network and will not
tolerate Winner's Peak's name being used in such a way. If you chose to abuse the
network or defame Winner's Peak in any way, your host name will be immediately
deleted and appropriate legal action will follow from Winner's Peak, your ISP and
the related parties.
This agreement supersedes any written, electronic, or oral communication you may
have had with Winner's Peak or any agent or representative thereof, and
constitutes the complete and total agreement between the parties.
If any provision of this agreement is determined to be invalid or unenforceable,
all other provisions shall remain in full force and effect and said provision
shall be reformed only to the extent necessary to make it enforceable.
If for any reason you wish to cancel any of your paid services with Winner's
we require email notification. Payments received after posting will not be
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