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There are certain legal conditions to using our web hosting services.
There are also rules you must follow. Please become familiar with them.
We tried to keep this simple but the lawyers have a lot to say.
Latest update was Feb 10, 2006
Terms of Use
Refunds and Warranties
Privacy Policy
Your Responsibilities
Your Conduct
Submission of Content on this Web Server
Content that is not permitted
Illegal Use
System and Network Security
Backups, Outages and Disaster Recovery
Third Party Services
Indemnification
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
Reservation of Rights
Applicable Law
Miscellaneous Information
Notification of copyright infringement
Report violations of this policy
VIOLATIONS OF THIS POLICY
- Acceptance of Terms of Use and Amendments.
Each time you use or cause access to any web site on our servers, you agree to be bound by this policy, and as amended from time to time without notice to you. - Refunds and Warranties. - All sales are final except as follows:
Merchandise covered by a manufacturer's warranty will be processed according to the specific manufacturer's warranty. We offer no warranty other than the manufacturer's warranty.
Web Hosting is subject to our terms of use and may be terminated at any time. Unless you have been terminated for violations of our terms of use you will receive service for the remainder of the cancelled month and will not be charged again.
Web Design or custom programming is subject to payment terms on the contract outlining the work and payment plan. - Privacy Policy. Registration data that we may collect is subject to the terms of our Privacy Policy.
- Your Responsibilities and Registration Obligations.
(a) In order to use this web server, you must register on our site, agree to provide truthful information when requested, and be at least the age of eighteen (18) or older and able to enter into legal contracts. When registering, you explicitly agree to our Policies available here.
(b) You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login. You agree to immediately notify us of any unauthorized use or your registration information, email address, user account or password. - Your Conduct.
You explicitly agree, in using this web server or any service provided, that you shall:
(a) not provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, pornographic, designed to or does interfere or interrupt this web server or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law.
(b) not impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) not collect or harvest or use any data about other users without their permission;
(d) not provide or use this web server and any Content or service in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) not provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets. - Submission of Content on this Web Server.
By providing any Content to our server: You agree that all information or data of any kind shall be your sole responsibility .
(a) you agree to grant to us a license to publish on our web server, as your web host, the web content in your disk space. It will appear on the Internet and on daily backups. You agree to hold us harmless for any loss of any content on our servers or backups and agree that you alone are responsible for keeping an up to date copy of your web content in a separate location other than with us unless you have specifically contracted with us for disaster recovery.
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice and terminate your account. - Content that is not permitted. We do not allow email spammer, phishing or similar web sites. We do not allow deceptive web sites intended to mislead viewers. In our discretion we will immediately shut down and cooperate with law enforcement if a web site such as these are found on our server.
- Illegal Use. The servers and services we offer to you may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
- System and Network Security. Violations of system or network security are prohibited, and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
(a) Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
(b) Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
(c) Interference with service to any user, host or network including, without limitation, deliberate attempts to overload a system, mail bombing, syn flood attacks and broadcast attacks ( Overburdening a recipient computer system by sending a high volume of spurious data which effectively impedes functionality, or totally disables recipient system(s)), and any other methods of denial of service, are strictly prohibited.
(d) Forging of any TCP-IP packet header or any part of the header information.
(e) Any and or all acts of or attempted acts of Cyber-Terrorism utilizing our network equipment.
(f) Posting the same or similar message to one or more bulletin boards or email list (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited.
(g) Using our bulletin board or email system for unsolicited advertising or "Spam". - Backups, Outages and Disaster Recovery. We shall not be held responsible for any outage. Hardware failures, acts of nature ofr God are out of our control. We maintain a professional atmosphere and standards for web server operations which include responsible server maintenance. We promise to do our jobs in a professional manner and use all our resources to keep your web site running and available to all Internet users worldwide.
(a) Daily backups are made at the data center. In the event of an in-house server abnormality we can simply restore the previous nights image of your web site and restart it. This does not replace your responsibility to maintain off site backups of your content. We can help you backup your ecommerce databases more often and set up off site backups of your data. If you have mission critical programs and data that need a disaster recovery solution, we can set that up by written request.
(b) Scheduled outages will be done in non-peak time using the most efficient manner we can derive. While we strive to do our jobs in a professional, responsible way and notify you in a timely manner of outages, our web server and services provided to you on and through our web server is on an "AS IS" basis. We shall have no liability for outages. When we experience an outage that is beyond our control we will strive to restore or work around the problem to regain service in a timely manner.
(c )Unscheduled outages. We have no control over the Internet and it's ability to work properly. We will not be responsible for outages and can not offer any assistance other that the services we commit to with a disaster recover contract. If your web site is a valuable business resource and you need a disaster recovery plan please contact us to set up your specific contractual arrangements.
(d)Our Disaster Recovery Plan is our confidential plan for restoration of service in an off site secondary location that can be quickly set up and running. We will do our best to reestablish our web server in a new data center within hours should the outages at our current center become unmanageable. We will restore from the prior day backup unless you have a real time disaster recovery plan.
(e) Your Disaster Recovery Plan is your plan to maintain off site backups and disaster recovery procedures. If you have a disaster recovery contract with us your terms are in your contract. Your Disaster Recovery Plan is your responsibility. It is NOT included with your web hostiing plan. Contact us to get one in writing and be sure you have a disaster recovery plan. - Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through this web server. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties. - Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web server or service, your provision of Content, your violation of this Policy or any other violation of the rights of another person or party. - DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB server AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT USE OFOUR SERVICES OR FACILITIES or ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties. - LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you. - Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any uses of our web site or service without our prior written consent. - Applicable Law.
You agree that this Policy and any dispute arising out of your use of this web server or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web server is located, without regard to its conflict of law provisions. By registering or using this web server and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web server is located. - Miscellaneous Information.
(i) In the event that this Policy conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Policy will remain valid and intact; (ii) The failure of either party to assert any right under this Policy shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web server or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Policy and we shall be relieved of any further obligation - Notification of copyright infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, contact us. - Report violations of this policy Send via email a violation report including a description of the violation, complete documentation from a valid email address of the complainant.
- VIOLATIONS OF THIS POLICY SHALL BE GROUNDS TO TERMINATE ACCOUNT AND PROSECUTE ANY PARTIES INVOLVED in said violations.
Contact us via email.
