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Web
Hosting Policies and Service
Agreement:
All
customers must abide by the
following Terms and Conditions
of service:
WEB
HOSTING
SERVICE
AGREEMENT
This Web Hosting Agreement (this "Agreement") sets forth the terms
and conditions of your use of _____________________ for web hosting services.
You certify that you are at least 18 years of age. To become our account
holder, you must read and agree to be bound by all terms and conditions
of this Agreement, the fee schedules on the Online Order forms and any policies
that are or may be published by us. This Agreement will become effective
when any account order is placed and accepted. By posting notice 30 days
in advance at a web page available on our web site we may modify the terms
and conditions of this Agreement or the prices of its services, as well
as discontinue or change the services offered. You will be bound by the
modified Agreement, prices and/or policies if you continue to use the services.
1. Scope of Services and Your Obligations
1.1. This Agreement defines the terms and conditions of our services as
offered by ___________________ and used by you, including the provision
of web hosting services on our servers and connectivity to the Internet
(the "Services"). We will provide the Services for the amount
of server storage space selected in exchange for payment of fees and full
compliance with the terms and conditions of this Agreement. In performing
the Services, we maintain control and ownership of any and all Internet
protocol ("IP") numbers and addresses that may be assigned to
you and reserves the right to change or remove any and all IP numbers and
addresses at its sole discretion.
1.2. As part of the Services, we will also provide your own web-based control
panel (the "Control Panel") containing links to your payment history,
summaries of the Services you have chosen, newsletters and other current
information.
1.3. You are responsible for producing, electronically uploading and maintaining
HTML files, execution scripts, applets and applications (the "Upload
Materials") to your website, and you hereby warrant that all Upload
Materials shall be owned or properly licensed by you and shall not adversely
impact the Services or violate any rights of any third parties. You are
responsible for ensuring that all Upload Materials will function properly
and as intended. You are responsible for all activity originating from your
website, unless proven to be a victim of outside hacking or address forgery.
You assume responsibility for all material on your website that may be put
on by a third party (such as the usage of Free For All links pages). Use
of the Services requires a certain level of knowledge in the use of Internet
languages, protocols, and software, which can vary depending on your anticipated
use and desired content of your website, and includes, but is not limited
to, the following: web publishing requires knowledge of HTML, properly locating
and linking documents, FTPing web contents, graphics, text, sound, image
mapping, etc.; FrontPage web publishing requires knowledge of the FrontPage
tools as well as Telnet and FTP understanding and capability; CGI-scripts
requires knowledge of the UNIX environment, tar & gunzip commands,
Perl, CShell scripts, permissions, etc.; and mail requires knowledge of
use of mail clients to receive and send mail, etc. You acknowledge that
you have the necessary knowledge to create, modify and maintain your website.
We assume no responsibility to provide you with such knowledge.
1.4. In connection with the Services, we may provide for your use certain
tools and software, including, but not limited to, certain specialty scripting
software and/or certain programming language software for designing websites
(collectively, the "Tools"). Access to these Tools may be accessed
via your Control Panel. To the extent that such Tools are provided to you,
you are granted a nonexclusive, nontransferable license to use the Tools
in object-code form only for your internal use, solely in connection with
the Services provided under this Agreement.
1.5. We reserve the right to monitor our systems electronically and to access
and disclose any information as permitted or required by any law, regulation
or other governmental request to operate its systems properly, to protect
itself or its account holders or for any other reason it in good faith deems
necessary. We will fully cooperate with law enforcement authorities in investigating
suspected lawbreakers and reserves the right to report to law enforcement
any suspected illegal activity it becomes aware of. It is not our intention
that our Services or facilities be used in contravention of the Communications
Decency Act of 1996 (the "CDA") or any other applicable law.
1.6. You agree to comply with the requirements of the CDA and the Digital
Millennium Copyright Act (the "DMCA") and acknowledge that we
are a "service provider" under the DMCA and are therefore immune
from liability under the DMCA, including 17 U.S.C. § 512. Consistent
with the DMCA, we will accommodate standard technical measures used to identify
and protect copyrighted works, and, as further described herein, we have
a policy of terminating account holders who are copyright infringers.
1.7. Websites are unmodified forums containing the personal opinions and
other expressions of the persons who post entries on a wide range of topics.
Neither the content of websites located on our servers nor the links to
other websites are screened, approved, reviewed or endorsed. We are not
a publisher of any of the content of websites, or of any content that may
be available through the links to and from them, and is acting solely as
an Internet web-hosting service provider. The text and other material on
such websites are the opinion of the specific author and are not our statements
of advice, opinion or information.
2. Limited Warranty; Limitation of Liability; Indemnification
2.1. Limited Warranty. You acknowledge that the Services are provided "as
is." Neither we, nor any of our employees or agents, warrants that
the Services will be uninterrupted, error free or free from viruses or other
harmful components. We are not responsible for and hereby disclaims any
warranties, either expressed or implied, regarding the quality, accuracy,
or validity of the data and/or completeness, non infringement, merchantability
or fitness for a particular purpose of information available on its servers
or residing on or passing through its interconnecting networks. Use of information
obtained from or through the Services is at your risk. Under no circumstances
will we be liable to you or any other person for any loss or damage caused
by your reliance on information available on its servers or obtained through
the Services.
2.2. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF
WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR
USE OR INABILITY TO USE OUR SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY
OF OUR SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM LIABILITY
EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE PRIOR
TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY
IS LIMITED TO THE EXTENT PERMITTED BY LAW.
2.3. Indemnification. You agree to indemnify, defend and hold us and our
affiliates, directors, officers, employees and agents harmless from and
against any liabilities, losses, damages or costs, including reasonable
attorneys' fees, resulting from any third-party claim, action, dispute or
demand related to your use of the Services, your violation of any of the
provisions of this Agreement or from your placement or transmission of any
materials or content onto our servers. Such liabilities may include, but
are not limited to, those arising from the following: (a) with respect to
your business, (i) infringement or misappropriation of any intellectual
property rights; (ii) defamation, libel, slander, obscenity, pornography,
or violation of the rights of privacy or publicity; or (iii) spamming, or
any other offensive, harassing or illegal conduct or violation of the acceptable
uses described herein or anti-spam policy; (b) any damage or destruction
to our equipment or to any other account holder, which damage is caused by
or otherwise results from acts or omissions by you, your representative(s)
or your designees; (c) any personal injury or property damage arising out
of your activities related to the Services, unless such injury or property
damage is caused solely by our gross negligence or willful misconduct; and
(d) any other damage arising from your equipment or your business.
3. Payment of Fees
3.1. We will publish a notice of fee increases 30 days before such increases
take effect on the web site.
3.2. You agree to provide us with accurate and complete billing information,
including your legal name, address, telephone number, e-mail address and
applicable payment date and to update this information immediately if any
change occurs. You must secure your account with a valid credit card. Payments
must be submitted in advance of receiving the Services.
3.3. You acknowledge responsibility for your account until payment in full
is made.
4. Acceptable Uses
4.1. Use and Misuse of the Services. All complaints of abuse, violation
and misuse of the Services, whether described in this Section 4 or otherwise,
shall be investigated promptly. If you are not sure if your actions will
be an abuse, violation or misuse, please ask first.
You are responsible for all use of your website, with or without your knowledge
or consent.
You agree to use the Services only for lawful purposes, in compliance with
all applicable laws. Illegality includes, but is not limited to, drug dealing;
attempting without authorization to access a computer system; pirating (distributing
copyrighted material in violation of copyright law, specifically MP3s, MPEGs,
ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene
material; sending a message or having content that is obscene, lewd, lascivious,
filthy, or indecent with intent to annoy, abuse, threaten, or harass another
person; threatening bodily harm or damage to individuals or groups; violating
U.S. export restrictions; stalking; or violating other state or federal
law, such as the Electronic Communications Privacy Act, the Computer Fraud
and Abuse Act, or the Economic Espionage Act. Linking to illegal material
is also prohibited.
When we becomes aware of possible violations of this Agreement, we may initiate
an investigation that may include gathering information from you and the
complaining party, if any, and examination of material on our servers. We
in our sole discretion, will determine what action will be taken in response
to a violation on a case-by-case basis. Violations of this Agreement could
subject you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD US HARMLESS FROM
ANY CLAIMS RELATING TO ANY ACTION TAKEN BY US AS PART OF ITS INVESTIGATION
OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION
THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT
SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM US AS A RESULT OF OUR DECISION
TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR
ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED
VIOLATION OR AS A RESULT OF OUR CONCLUSION THAT A VIOLATION HAS OCCURRED.
THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
4.2. Use and Misuse of Materials. Materials in the public domain (e.g.,
images, text, and programs) may be downloaded or uploaded using the Services.
You may also re-distribute materials in the public domain. You assume all
risks regarding the determination of whether the material is in the public
domain.
You are prohibited from storing, distributing or transmitting any unlawful
material through the Services. Examples of unlawful material include, but
are not limited to, threats of physical harm, child pornography, and copyrighted,
trademarked and other proprietary material used without proper authorization.
Pornography and sex-related merchandising, or links to such material, even
if legal, are not acceptable uses of our servers. You may not post, upload
or otherwise distribute copyrighted material on our servers without the
consent of the copyright holder.
Unacceptable uses of website content also include the presence of the following
programs or the activities associated with them, regardless of whether or
not any actual intrusion results in the corruption or loss of data: server
broadcast messages or any message sent on an intrusive basis to any directly
or indirectly attached network; attempts to circumvent any user authentication
or security of host, network, or account; accessing data not intended for
user; probing the security of any network; spawning dozens of processes;
port scans, ping floods, packet spoofing, and forging router information;
denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs,
winnuke, land and teardrop; promulgation of viruses; and IRC bots, such
as eggdrop or BitchX.
We support free speech on the Internet and will not suspend or cancel your
account simply because it disagrees with your views expressed at your website.
However, examples of unacceptable activities include posting private information
about a person without his or her consent, defaming a person or business,
and knowingly making available code that will have a deleterious effect
on third-party computers. Where there are allegations that your on-line
activity has violated the legal rights of a third party, we will not substitute
itself for a court of law in deciding tort claims raised by the third party.
4.3. Email Use. Unacceptable affronts to netiquette and unacceptable activities
include, but are not limited to, the following: spamming (sending unsolicited
advertising to those with which you have no existing business relationship
and posting off-topic advertising in newsgroups); spoofing (using a return
email address that is not the valid reply address of the sender or sending
an email message that does not contain enough information to enable the
recipient to identify you); passive spamming (promoting a website hosted
by us by spamming from some other source); trolling (posting controversial
messages in newsgroups to generate responses); mail bombing (inundating a
user with email without any serious intent to correspond or sending large
or multiple files to a user); generating a higher volume of outgoing mail
than a normal user (over 10% of available system resources); propagating
chain letters; and subscribing someone else to an electronic mailing list
without that person's permission. A message is considered unsolicited if
it is posted in violation of a newsgroup charter or sent to a recipient
who has not requested the message. Making an email address available to
the public does not constitute a request to receive messages. Distribution
of mass emailing programs is also prohibited. All recipients on a mailing
list must have personally subscribed. Mailing lists may not be used to distribute
unsolicited email. If you are repeatedly mail bombed or attract such behavior,
the Services will be terminated.
You should not send email to any user who does not wish to receive it, either
here or elsewhere. We recognize
that email is an informal medium; however, you must refrain from sending
further email to a user after receiving a request to stop.
You may not alter the headers of email messages to disguise their identity
or to prevent users from responding to the messages. We may disclose the
usernames of accounts responsible for forged email messages to system administrators
or users requesting the information.
Violations of our policies outlined herein can sometimes result in massive
numbers of email responses. If you receive so much email that our resources
are affected, our staff may shut down your mailbox.
4.4. System Security. You are prohibited from utilizing the Services to
compromise the security of system resources or accounts on our servers or
at any other site. Use or distribution of tools designed for compromising
security or containing viruses or trojans are prohibited. Examples of these
tools include, but are not limited to, password guessing programs, cracking
tools or network probing tools.
If you are involved in violations of system security, we reserve the right
to release all usernames of users involved in such violations to system
administrators at other sites in order to assist them in resolving security
incidents. We will also fully cooperate with law enforcement authorities
in investigating suspected lawbreakers.
4.5. System Resources. System abuse includes any use of our resources that
disrupts the normal use of its servers or services for others. Examples
of system abuse include running excessive numbers of processes or consuming
excessive amounts of CPU time, memory or disk space.
Any usage of 10% or more of our system resources is an undue burden on our
system and is unacceptable. If your usage ever exceeds 10% of system resources,
your account may be terminated immediately and without prior notice.
Further, running programs in the background on one of our servers without
our prior written authorization, or running chat rooms, Internet Relay Chat,
IRC bots, more then 1,000 emails a day and the like are not acceptable uses
of our servers.
5. Right to Terminate Agreement
(a) We reserve the right to suspend or terminate the Services to you and
remove or prevent access to any material from your website at any time,
without prior notice or liability, for any conduct that we, in our sole
discretion, believes violates this Agreement or is otherwise harmful to
our interests or the interests of other account holders. (b) We also reserve
the right to comply with the take-down provisions of the DMCA and to seek
injunctive, declaratory, interpleader or other judicial or equitable relief
(and, pending such action, to suspend all access to your website) if any
third-party claim is made that your website content or use violates any
of the acceptable uses or your obligations or representations described
in this Agreement.
6. Miscellaneous
You may not assign your rights and obligations under this Agreement without
the prior written consent from us, which may be withheld at our discretion.
Nothing contained in this Agreement shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties. Our
failure to require your performance of any provision hereof shall not affect
the right to require such performance thereafter; nor shall the waiver by
us of a breach of any provision hereof be taken or held to be a waiver of
the provision itself. Any action for any claim arising under, or in connection
with, this Agreement must be commenced by you within one year after the
alleged cause of action has accrued or after the date of termination of
this Agreement, whichever is earlier. In the event that any provision of
this Agreement is deemed unenforceable or invalid, such unenforceability
or invalidity shall not affect the remainder of this Agreement. Such provision
may be amended or replaced with one that is valid and enforceable and which
achieves, to the extent possible, the original objectives and intent of
the parties as reflected in the original provision. No provision of this
Agreement may be amended or modified by you except by means of a written
document signed or expressly assented to by us. All terms and conditions
of this Agreement that should by their nature survive termination of this
Agreement shall so survive. This Agreement and the order form, together
with all amendments or modifications to any of them, constitute the complete
and exclusive agreement between you and us and supersede and govern all
prior proposals, agreements, or other communications.
We have a responsibility to ensure that each of our clients is provided
with the best services we have available. While we back up files continuously,
we are in no way responsible for the archiving of a site. It is the sole
responsibility of the site creator to copy, back-up or archive all files
that constitute a web site.
The following guidelines also apply:
Content:
All services provided by us 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 us harmless from any claims resulting
from the use of the service, which damages the subscriber or any other party.
Pornography and sex-related merchandising is prohibited on all our servers.
This includes sites that may infer sexual content or links to adult content
elsewhere. We will be the sole arbiter in determining violations of this
provision.
Also prohibited are sites that promote any illegal activity or present content
that may be damaging to our 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
We
will be
the sole
arbiter
as to what
constitutes
a violation
of this
provision.
-
Sites
offering
download
files.
(This
is
any
site
where
20%
or
more
of
their
monthly
traffic
is
from
file
downloads)
-
Sites
using
more
than
20%
of
system
resources.
We will be the sole arbiter as to what constitutes a violation of this provision
Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from our server or using
an email address or domain that is maintained on our machine as reference
is STRICTLY prohibited. We will be the sole arbiter as to what constitutes
a violation of this provision.
Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be
a large drain on system resources and we cannot allow it as an account option
Background Running Programs
We may allow programs to run continually in the background. 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.
Domain Pointing
Domain pointers are to be used for the purpose of having more than one way
to find the same site, not for the purposes of sharing an account among
multiple sites. A domain pointer may not be set up to reference a subdirectory
within an existing Web hosting account served by us or any other provider.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer of ours
is strictly prohibited, and will result in immediate termination or prosecution.
By ordering service from us, you agree to be bound by and to comply with
this Agreement just as if you had signed it - the legal equivalent of your
signature on a written contract.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
All Sub-Networks, distributive hosting sites and dedicated servers we operate
must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate account
deactivation without refund.
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