All Virtual Hosting Accounts
are bound by this Terms of Service. Dedicated Accounts
should refer to their individual hosting agreements.
1) Setup fees and programming are nonrefundable.
Software purchases are nonrefundable except
for when guaranteed from the software maker.
2) All fees are due in advance
of the services provided. Failure to pay in advance
may result in termination or suspension of services
without notice.
3) If you cancel your service
you will be refunded the prepaid fees for any
unused month, once those services are no longer
being provided, not including setup fees, if you
have a contract, the terms of the contract apply.
If you cancel your service, but fail to transfer
your site(s) to another provider and continue
to utilize our hosting network you will be billed
until such time that you are no longer utilizing
our services. If you wish services to cease immediately,
you must request that our services be discontinued
immediately.
4) The use of any data or
material, which Customer receives from the service
provided by HostW3, is at Customer's sole and
absolute risk. HostW3 specifically disclaims and
denies any responsibility for the completeness,
or accuracy of quality of any and all information
obtained through the services to be provided hereby.
5) HostW3 will utilize its
best efforts to maintain acceptable performance
of services, but HostW3 makes absolutely no warranties
whatsoever, express or implied, including warranty
of merchantability or fitness for a particular
purpose. HostW3 cannot guarantee continuous service,
service at any particular time, or integrity of
data stored or transmitted via its system or via
the Internet. HostW3 will not be liable for the
inadvertent disclosure of, or corruption or erasure
of, date transmitted or received or stored on
its system. HostW3 shall not be liable to Customer
or any of its customers for any claims or damages
which may be suffered by Customer or its customers,
including, but not limited to, losses or damages
of any and every nature, resulting from the loss
of data, inability to access Internet, or inability
to transmit or receive information, caused by,
or resulting from, delays, nondeliveries, or service
interruptions whether or not caused by the fault
or negligence of HostW3.
6) Customer agrees that it
shall defend, indemnify, save and hold harmless
from any and all demands, liabilities, losses,
costs, claims, including reasonable attorney's
fees, ('Liabilities') against HostW3, its agents,
its customers, servants, officers, employees,
that may arise or result from any services provided,
performed or agreed to be performed or any product
sold by Customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold
harmless HostW3 against Liabilities arising out
of any injury to person or property caused by
any products sold or distributed in connection
with HostW3's server; and material supplied by
Customer infringing or allegedly infringing on
the proprietary rights of a third party; copyright
infringement and any defective product which Customer
sold on HostW3's Server. As a result of this,
Customer agrees that HostW3 shall not be liable
to Customer for any claims of actual, compensatory
and/or consequential damages which may be suffered
by Customer, including, but not limited to, losses
or damages due to the loss data resulting from
delays, non deliveries, or service interruptions
caused by the fault or negligence of HostW3. Notwithstanding
the above mentioned, Customer's exclusive remedies,
damages, losses and causes of actions shall not
exceed the aggregate dollar amount which Customer
paid during the term of this Agreement.
7) The Customer may only
use HostW3's services for lawful purposes. In
the event that at any given time, HostW3 believes
that the service is being used by the Customer
in contravention with any of the terms and provisions
contained in this Agreement, HostW3 has the right
to immediately discontinue such service to Customer
without liability other than to refund any unearned
prepaid service fees. The following are restrictive
uses and shall be cause for the immediate termination
of web services and this Agreement without notice
to the Customer:
a. Unauthorized distribution
or copying copyrighted software, violation of
US export restrictions, embarrassment, fraud,
trafficking in obscene material, drug dealing,
and other illegal activities;
b. Unsolicited advertising via email and/or
'Spamming' is a violation of State and Federal
Law and is otherwise a violation of this agreement.
Such prohibited conduct subjects Customer to
immediate cessation of service as provided herein
and the termination of this agreement without
notice. HostW3 reserves the right to report
such illegal activities to any and all regulatory,
administrative and/or governmental authorities
for appropriate prosecution. In addition, HostW3
will charge One Dollar ($1.00) per email recipient
for any such activity;
c. Using a non-existing email return address
on a commercial solicitation, spamming (sending
unsolicited advertising to numerous email addresses
or newsgroups and/or generating a significantly
higher volume of outgoing email than a normal
user), trolling (posting outrageous messages
to generate numerous responses, mailbombing
(sending multiple messages without significant
new content to the same user), subscribing someone
else to a mailing list without that person's
permission, cross-posting articles to an excessive
number of newsgroups, or attempting without
authorization to enter into a secured computer
system. HostW3 reserves the right to determine
what is Net abuse;
d. Tortuous conduct such as posting of defamatory,
libelous, scandalous, or private information
about a person without their consent, intentionally
inflicting emotional distress, or violating
trademarks, copyright, or other intellectual
property rights;
e. The Customer expressly understands and agrees
that illegal Adult oriented Websites featuring
nudity and acts of a sexual nature are expressly
prohibited. HostW3 reserves the right to immediately
terminate and remove any such unauthorized Websites
without notice and discontinue service to Customer
without notice or liability for actual, compensatory
or consequential damages to Customer for the
interruption in service.
f. MUDDS, Listservers or any other Internet
application that are not Website specific, are
specifically prohibited.
Disclaimer
HostW3 will not be responsible for any damages
your business may suffer. HostW3 makes no warranties
of any kind, expressed or implied for services
we provide. HostW3 disclaims any warranty or merchantability
or fitness for a particular purpose. The includes
loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions
caused by HostW3 and its employees. The services
provided by HostW3 are provided AS-IS and without
any warranty expressed or implied. HostW3 reserves
the right to revise its policies at any time.
»
back to top
|