User Agreement and Acceptable Use Policy
The following words used in context of this agreement are defined as follows:
"Client": The person or entity who is applying for Website Hosting, Website Design, Website Management or Virtual Server services
The Provider agrees to provide, and Client agrees to receive, access to the provider services according to the following terms and conditions:
1. Client will use the Website Host or Virtual Server services in a manner consistent with any and all applicable state laws, laws of the U.S. Federal Government. International clients are also expected to follow the laws of their respective country.
2. Provider reserves the right, in its sole discretion, to deactivate the Client's Hosting account(s) upon an indication of credit problems including delinquent payments. Payment is due upon receipt of services.
3. The Provider Service is provided on an "As Is" basis. The provider gives no warranty, expressed or implied for the Website Hosting Services or Virtual Server services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by provider or its providers.
4. Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the Website Hosting Services or Virtual Server services for any reason.
5. While Provider shall make every reasonable effort to protect data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider. Client is solely responsible for independent backup of data stored on Provider.
6. Client hereby agrees that any material submitted for publication on provider through client's account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Any potentially illegal activity may be deactivated without warning by the provider. Client hereby agrees to indemnify and hold harmless the provider for any claim resulting form the submission of illegal materials. No refunds will be given for accounts terminated for these reasons.
7. Client hereby agrees that any material submitted for publication on provider through client or client's account(s) will not contain anything leading to an abusive or unethical use of the product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, hate related material, computer viruses, spoofing scams, identity theft operations and any harassing and harmful materials or uses. Our Virtual Hosting plan which includes data transfer is not appropriate for commercial streaming of music, video and commercial downloads and repositories. No refunds will be given for accounts terminated for these reasons. Provider may or may not give notice before deactivating the use of an account(s) which the provider decides is an abusive or unethical use of the virtual hosting account(s) or host server(s).
8. Accounts with unlimited space are not to be used for file storage unless files are part of a website or intranet that is active. Client is forbidden from utilizing bandwidth provided by or through Provider on any other website except one hosted specifically on computers owned by or provided through Provider. Client hereby agrees to idemnify and hold harmless the provider from any claim resulting from your publication of materials or your use of those materials. Provider may or may not give notice before deactivating the use of an account(s) which the provider decides is an abusive or unethical use of the virtual hosting account(s) or host server(s). No refunds will be given for accounts terminated for these reasons.
9. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.
10. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. The Provider reserves the right to deactivate the Client's Host account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's Host server account(s). No refunds will be given for accounts terminated for this reason.
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