PREAMBLE

Index

This is an agreement between the END USER (hereinafter “user”) and Goldsboro Web Development.  Welcome to Goldsboro Web Development. The Goldsboro Web Development website (hereinafter “the site”) and domain name goldsborowebdevelopment.com is comprised of various web pages operated by Michael Lee Wells & Associates, LLC. The Goldsboro Web Development website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Goldsboro Web Development website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Goldsboro Web Development is a News and Information Site providing you with news, content, and services to the user in effort to help our users establish themselves and their organization’s online presence.

PRIVACY

You use of Goldsboro Web Development website is subject to Goldsboro Web Development’s Privacy Policy at http://goldsborowebdevelopment.com/privacy-policy/ . Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

ELECTRONIC COMMUNICATIONS

Visiting Goldsboro Web Development website or sending email to Goldsboro Web Development constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Goldsboro Web Development is not responsible for third party access to your account that results from theft or misappropriation of your account. Goldsboro Web Development and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Goldsboro Web Development does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Goldsboro Web Development website only with permission from a parent or guardian.

THIRD PARTY SERVICES

Goldsboro Web Development website may contain links to other websites (hereinafter “Linked Sites”). The Linked Sites are not under the control of Goldsboro Web Development and Goldsboro Web Development is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Goldsboro Web Development is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Goldsboro Web Development of the site or any association with its operators.

Certain services made available via Goldsboro Web Development website are delivered by third party sites and organizations. By using any product, service or functionality originating from the Goldsboro Web Development website or domain, you hereby acknowledge and consent that Goldsboro Web Development may share such information and data with any third party with whom Goldsboro Web Development has a contractual relationship to provide the requested product, service, or functionality on behalf of Goldsboro Web Development users and customers.


INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use the Goldsboro Web Development website strictly in accordance with these terms of use. As a purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Goldsboro Web Development or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions constrained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Goldsboro Web Development content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of the protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Goldsboro Web Development and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Goldsboro Web Development or our licensors except as expressly authorized by these Terms.


USE OF COMMUNICATIONS SERVICES

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively hereinafter, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as limitation, you agree that when using a Communication Service, you will not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as the rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of the privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restricted or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Goldsboro Web Development has no obligation to monitor the Communication Services. However, Goldsboro Web Development reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Goldsboro Web Development reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Goldsboro Web Development reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Goldsboro Web Development’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Goldsboro Web Development does not control or endorse the content, messages or information found in any Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Goldsboro Web Development spokespersons, and their views do not necessarily reflect those of Goldsboro Web Development.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.


PRO DOMAINS

Domains ending with .pro or {variable}.pro (such as .bar.pro, .law.pro, .cpa.pro, etc) are restrictive domains and available to only those businesses and entities that can prove licensing.  The purchase of one of these domains without proper licensing and without following through with the emails received by the .pro registrar will result in a non-refundable revocation of the domain name at the registrar level.


Pornography and Hosting Thereof

We do not restrict our clients on the morals of the content they host under their rights to free press and expression so long as this right does not compromise the liberties of another individual.  However and to offload the labor and cost to become legally compliant in investigating our client for legal violations, any pornography sites will be accessed extra fees for accounting of that site and verification that all content is legal in accordance with Federal and North Carolina State Laws. This means that each actor or photographic subject must provide proof of age, name, location, and all the information that the US Government would require should our servers be audited in consequence for hosting the site. These fees will accommodate a $165.00 per hour consulting fee for investigating the site, verifying the site, and the issuance of a seal of approval for the display of legal pornography.

Please note that this consultation fee is much higher than normal because of the sensitivity of “harassment” and the display of sexuality in the work place. This requires stricter working habits and environments that we must enforce in-house and in accounting.

All pornography must not mimic, perpetuate, or otherwise display the act of a crime by Federal or North Carolina State Law. Should you need to know what acts of sex are considered to be unlawful please see The North Carolina General Assembly‘s website.


SUBMITTED DATA

Concerning materials provided to Goldsboro Web Development website or posted on any Goldsboro Web Development web page, Goldsboro Web Development does not claim ownership of the materials you provide to the Goldsboro Web Development website (including feedback and suggestions) or post, upload, input or submit to any Goldsboro Web Development Site or our associated services (collectively hereinafter “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Goldsboro Web Development, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet Business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to your use of your Submission, as provided herein. Goldsboro Web Development is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Goldsboro Web Development’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.


THIRD PARTY ACCOUNTS

You will be able to connect your Goldsboro Web Development account to third party accounts. By connecting your Goldsboro Web Development account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy setting son those third party sites). If you do not want information about you to be shred in this manner, do not use this feature.


INTERNATIONAL USERS

The Service is controlled, operated and administered by Goldsboro Web Development from our offices within the United States of America. If you access the Service from a location outside the USA, you are responsible for your compliance with all local laws. You agree that you will not use the Goldsboro Web Development Content accessed through the Goldsboro Web Development website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.


HOSTING FAIR USE CLAUSE

We offer several services which are described as or may contain attributes that are described and marketed as “Unmetered”. Unmetered does not mean UNLIMITED nor should you assume so. Unmetered means we do not limit your usage so long as it does not impact our servers, services, or other clients in a negative way. You should always be mindful of the items you host on our networks and monitor your usages, especially your CPU usage. Because some services cannot or are not bound to a specific user name (namely MySQL) we limit your usage by the amount of data each table holds or the quantity of tables.

You should never exceed more than 800 tables per MySQL database, nor should you exceed one gigabyte per database. We will start to warn you when you near these performance limits that MySQL has set for their software.Should your site at any time be deemed to be using more than its “fair use” or “fair share”, you will receive a warning email and be given 48 hours to make any necessary adjustments to bring your site back in compliance to this term. Should your site be unable or not willing to comply to the email you receive within a 48 hour time-frame (from the time-stamp on the email) your site will be suspended.

On the data of suspension, an email will be sent offering the client an upgrade to a VPS (Virtual Private Server) or Dedicated Server. These can be both managed and unmanaged.This section is set forth to all clients whom have purchased any variety of hosting plans in which are not managed (all management of files and databases are done by the client).


UNSOLICITED TRANSMISSIONS (SPAM)

(Before we start here, I think we can agree that everyone hates spam, spam is no good, and spam costs everyone money especially the “company” receiving it. Before anyone runs off thinking that asking for a business partnership that is relevant, help for a product purchased, is not even close to considered spam. Spam is the transmittal of a unsolicited email that contains unwanted or unwelcome solicitations for business.)

By using any portion of this website or by sending any transmittal to any GoldsboroWebDevelopment.com domain you hereby agree and understand that all Unsolicited Transmittals cause damage to the recipient and should you, your company, or ISP be found to be harboring, allowing, or transmitting said trasnmittals, each may be billed up to $500.00 or the maximum allowable by law.

We hold entire networks responsible. We do not have the funding nor the manpower to request a subpena for every piece of spam we receive. Therefor if your organization gets a bill for participation in the transmittal of spam, you shall be legally and morally (credit bureau morals) responsible for the full sum of the bill. You may however, choose to pass the bill along to your client or network participant, but if they are unwilling to pay your company will still be reported to the credit bureaus.

Those caught sending spam through Goldsboro Web Development will be accessed a $10.00 Spam Transmittal fee for each INDIVIDUAL PIECE OF SPAM which will be used to solely cover our costs and losses in having to transmit it. Also any costs or charges levied on Goldsboro Web Development will be charged to the user transmitting the spam.


RIGHT TO AN INJUNCTION

The client acknowledges that in addition to having limited access to the Goldsboro Web Development network as part of this agreement, the client may have unintended access to areas in which may cause damages to the company should it be destroyed, altered, or otherwise disclosed. The client therefor acknowledges and agrees that if the client should breech or threaten to breach any of the terms of this agreement, Goldsboro Web Development will sustain irreparable harm and will be entitled to obtain an injunction to stop any breach or threatened breach of this agreement.


SEVERABILITY

IF ANY COURT DETERMINES THAT ANY PROVISION OF THIS AGREEMENT IS INVALID OR UNENFORCEABLE, ANY INVALIDITY OR UNENFORCEABILITY WILL EFFECT ONLY THAT PROVISION AND WILL NOT MAKE ANY OTHER PROVISION OF THIS AGREEMENT INVALID OR UNENFORCEABLE AND SHALL BE MODIFIED, AMENDED, OR LIMITED ONLY TO THE EXTENT NECESSARY TO RENDER IT VALID AND ENFORCEABLE.


LIMITATION OF WARRANTY

THE PRODUCT, GOLDSBOROWEBDEVELOPMENT.COM AND SERVICES OFFERED AS PART OF THE SITE IS PROVIDED TO YOU FREE OF CHARGE, AS-IS WITH NO EXPRESSED, IMPLIED, OR OTHERWISE WRITTEN OBLIGATION OF WARRANTY TO CONSTRUCTION, WORKMANSHIP, OR LIABILITY TO GOLDSBORO WEB DEVELOPMENT.

THROUGH SERVICES THAT ARE SOLD ON OUR WEBSITE, THEY ARE OFFERED WITH A LIMITED 30 DAY MONEY-BACK GUARANTEE. SHOULD YOU, THE CLIENT, BE DISSATISFIED FOR ANY REASON DURING THE FIRST THIRTY DAYS OF A MONTHLY BILLING SERVICE, SIMPLY LET US KNOW AND YOU WILL BE REFUNDED IN FULL. SHOULD YOU DECIDE TO CANCEL A SERVICE, WE WILL DETERMINE AT THE TIME OF CANCELLATION IF YOUR ACCOUNT IS ELIGIBLE FOR A REFUND OF UNUSED PORTIONS OF THE YEARLY SERVICE AGREEMENT.

THROUGH LABOR THAT IS SOLD ON OUR WEBSITE, IT IS OFFERED AS-IS AND MAY NOT BE ELIGIBLE FOR ANY WARRANTY OTHER THAN THAT OF WHICH IS PROVIDED BY NORTH CAROLINA STATE LAW.


INDEMNIFICATION

You agree to indemnify, defend and hold harmless Goldsboro Web Development, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of third party, or your violation of any applicable laws, rules or regulations. Goldsboro Web Development reserves the right, at its own cost, to assume the exclusive defense and control over any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Goldsboro Web Development in asserting any available defenses.


LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN, GOLDSBORO WEB DEVELOPMENT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

GOLDSBORO WEB DEVELOPMENT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS-IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GOLDSBORO WEB DEVELOPMENT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOLDSBORO WEB DEVELOPMENT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF GOLDSBORO WEB DEVELOPMENT OR ANY OF THIS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.


FREE DOMAIN CLAUSE

Domains given freely or marketed as “free for life”, “free”, and otherwise no cost for purchase or maintenance of a product or service will remain free to the end user so long as the account is active. The end-user understand and agrees that said domain is owned solely by Goldsboro Web Development and leased under these terms to the client for the duration of their hosting service. Should the client cancel their account for any reason, Goldsboro Web Development reserves to right to use said domain in any means necessary in order to pursue any losses or damages in connection with the service provided to the end user.

Notwithstanding, should a client’s hosting expire normally on the term in which the domain was ordered, a client may feel free to transfer said domain from Goldsboro Web Development’s control to another registrar.


TERMINATION AND ACCESS RESTRICTIONS

Goldsboro Web Development reserves the right, in its sole discretion, to terminate your access to the Site and the related services for any portion thereof any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Goldsboro Web Development as a result of this agreement or use of the Site. Goldsboro Web Development’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Goldsboro Web Development’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Goldsboro Web Development with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Goldsboro Web Development with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Goldsboro Web Development with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents as records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.


CHANGES TO TERMS

Goldsboro Web Development reserves the right, in its sole discretion, to change the Terms under which the Goldsboro Web Development website is offered. The most current version of the Terms will supersede all previous versions. Goldsboro Web Development encourages you to periodically review the Terms to Stay informed of our updates.


CONTACT US

Goldsboro Web Development welcomes your questions or comments regarding the Terms:

Goldsboro Web Development
113 Buttonwood Rd
Goldsboro, NC 27530

Email Address:
tos [A T] GoldsboroWebDevelopment [ d o t ] com

Telephone number:
919.288.2555

Effective as of January 23, 2012
Updated as of January 23, 2012 for:
To update and add the Dot Pro domains to our registration database and address issues that may arise out of the purchase and hosting of .xxx tlds.