|
HTTP-HOSTING reserves the right to modify and change the terms of service at any time. All clients will be notified of changes to the posted policy and given one week to opt in our out of their service if they are in violation of stated policy.
Note - NO refunds will be issued if you are in violation of the use or terms.
* THIS AGREEMENT BETWEEN HTTP-Hosting and you where “you” is
referred to as (“Account Holders "Users", “Members”, “Customers”,
or “Subscribers”) . *
WHEREAS HTTP-Hosting agrees to furnish IT -
internet based services associated with web sites, web hosting,
and domain registration to the User.
Use of HTTP-Hosting Service constitutes
acceptance and agreement to HTTP-Hosting's policies are subject
to the terms above and as follows:
Content:
At HTTP-Hosting, we strongly prohibit the use of
any our service for any illegal activities.
User shall not include content, or internet links
to content on the Site that contain, promote or involve any of the
following. Examples include but are not limited to:
1. Any copyright, patent, trademark, or other
intellectual property right.
2. Child Pornography
3. Hate content
4. Threatening, racial, or otherwise abusive
content.
5. Any and all content inciting, instructing, or
promoting illegal activities.
Responsibility for Content:
You, as HTTP-Hosting's customer, are solely
responsible for the content stored on and served by your
HTTP-Hosting account(s).
Payment Policy:
HTTP-HOSTING currently accepts payment via
Paypal services, and can opt in special circumstances to accept
payment by mail , check, money order or other. However this has to
be pre-approved and is not an option without approval. Establishment
of service is reliant upon receipt by the Company of payment of
affirmed charges. Following payments are due on the anniversary
date of the month for that month's service.
Clients pay from point to point. Date to date.
Accounts that reach 7 days past due will be suspended. Accounts
that are not collectable by HTTP-Hosting may be turned over to an
outside collection agency for collection. If you desire to cancel
your account, please follow the proper procedure to do this as
outlined in this TOS.
Failure to Pay:
The Company may temporarily deny service or
terminate this Agreement upon the failure of Subscriber to pay
charges when due. Such termination or denial will not relieve
Subscriber of responsibility for the payment of all accrued
charges, plus reasonable interest and any collection fees.
Account Cancellation:
Requests for canceling accounts may be made in
writing or through the helpdesk system.
HTTP-Hosting’s preferred method of cancellation
is via the helpdesk of your HTTP-Hosting account. Please log into
the helpdesk and you can request to have your account cancelled.
Disclosure to Law Enforcement:
At HTTP-Hosting, we specifically forbid the use
of our service for any unlawful activities. Therefore, User agrees
that the Company may reveal any and all subscriber information
including assigned IP numbers, account history, account use, etc. to
any law enforcement agent who makes a written request without
further consent or notification to the Subscriber. In addition HTTP
Hosting shall have the right to terminate all service set forth in
this Agreement.
SPAM and Unsolicited Commercial Email (UCE):
HTTP-Hosting takes a zero tolerance approach to
the sending of Unsolicited Commercial Email (UCE) or SPAM over our
network. Very simply this means that customers of HTTP-Hosting may
not use or permit others to use our network to transact in UCE.
Customers of HTTP-Hosting may not host, or permit hosting of, sites
or information that is advertised by UCE from other networks.
Violations of this policy carry severe penalties, including
termination of service.
Violation of HTTP-Hosting's SPAM policy will
result in severe penalties. Upon notification of an alleged
violation of our SPAM policy, HTTP-Hosting will initiate an
immediate investigation (within 48 hours of notification). During
the investigation, HTTP-Hosting may restrict customer access to the
network to prevent further violations. If a customer is found to be
in violation of our SPAM policy, HTTP-Hosting may, at its sole
discretion, restrict, suspend or terminate customer's account.
Further, HTTP-Hosting reserves the right to pursue civil remedies
for any costs associated with the investigation of a substantiated
policy violation. HTTP-Hosting will notify law enforcement officials
if the violation is believed to be a criminal offense.
As our Customers are ultimately responsible
for the actions of their clients over the HTTP-Hosting.com Network,
it is advisable that customers develop a similar, or stricter,
policy for their clients.
Adult Content :
Adult content is
NOT
allowed on any of the HTTP-HOSTING plans.
Obscene Materials :
Using HTTP-HOSTING to advertise, transmit, store, post, display, or otherwise make available child pornography. In addition, HTTP-HOSTING is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through HTTP-HOSTING.
Security :
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Data Backup - Loss:
Backing up your web site, and data is your responsibility and yours alone. If Data loss occurs it is unfortunate and cannot be avoided. HTTP-HOSTING will never intentionally destroy, or loose data unless it is in an extreme situation. Any customer that is found slandering, or trying to point fault at data loss other than at themselves for Data Loss and lack of back up on their end can and will have their site suspended or terminated. Slander of any kind due to clients in ability to back up their own data will not be tolerated.
Server Abuse
Illegal or Unauthorized Access to Other Computers or Networks: Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking") is prohibited. Any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity) is likewise prohibited.
Attempting to cause harm to a HTTP-HOSTING server, or any other server on the internet using an account on HTTP-HOSTING will result in immediate removal of that account. Refund will NOT be given on violation of these terms and conditions.
Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage
shall not exceed the number of megabytes per month for the
Services ordered by Customer on the Order Form
(the "Agreed Usage"). HTTP-Hosting will monitor Customer's
bandwidth and disk usage. HTTP-Hosting shall have the right to
take corrective action if Customer's bandwidth or disk usage
exceeds the Agreed Usage. Such corrective action may include the
assessment of additional charges, disconnection or discontinuance
of any and all Services, or termination of this Agreement, which
actions may be taken is in HTTP-Hosting's sole and absolute
discretion. If HTTP-Hosting takes any corrective action under this
section, Customer shall not be entitled to a refund of any fees
paid in advance prior to such action. In the event that a customer
exceeds the included allocation, HTTP-Hosting may, at its sole
discretion, collect a deposit, in an amount determined by
HTTP-Hosting, against customer's payment information on file with
HTTP-Hosting.
Notification of Violation:
HTTP-Hosting is under no duty to look at each
customer's or user's activities to determine if a violation of
the TOS has occurred, nor do we assume any responsibility through
our TOS to monitor or police Internet-related activities.
Miscellaneous Provisions:
You must provide us with, and keep current,
good contact information for you. E-mail, postal address, and
telephone contacts are used, in that order of preference.
HTTP-Hosting takes no responsibility for any
material input by others and not posted to the HTTP-Hosting.com
Network by HTTP-Hosting. HTTP-Hosting is not responsible for the
content of any other web sites linked to the HTTP-Hosting Network;
links are provided as Internet navigation tools only. HTTP-Hosting
disclaims any responsibility for any such inappropriate use and any
liability to any person or party for any other person or party's
violation of this policy.
HTTP-Hosting is not responsible for any damages
your business may suffer. HTTP-Hosting does not make implied or
written warranties for any of our services. HTTP-Hosting denies any
warranty or merchantability for a specific purpose. This includes
loss of data resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by HTTP-Hosting.
Warranty/Limitation of Liability:
Customer hereby agrees that HTTP-HOSTING makes no warranties, express or implied and Customer hereby waives any claim based upon any breach thereof. Customer further agrees that HTTP-HOSTING shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement, and in any event, the amount of damages due from HTTP-HOSTING to Customer shall never exceed, and shall be limited to, a credit allowance not to exceed one (1) months' service fee at current rates. HTTP-HOSTING's liability arising out of mistakes, accidents, omissions, interruptions, delays, or defect in transmission, including those which may be caused by regulatory or judicial authorities, shall in no event exceed the amount of the credit allowance, if any, available under this Section. Without limiting the foregoing, Splash Host shall have no obligation to provide alternative routing with respect to any Service provided pursuant to this Agreement. IN NO EVENT SHALL HTTP-HOSTING BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECT IN TRANSMISSION, OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF HTTP-HOSTING PURSUANT TO THIS AGREEMENT. HTTP-HOSTING MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE FOR THE SERVICE OR LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY SPLASH HOST ARE HEREBY EXCLUDED AND DISCLAIMED. INDEMNITY BY CUSTOMER: CUSTOMER AGREES TO RELEASE, HOLD HARMLESS, DEFEND AND INDEMNFIY HTTP-HOSTING, ITS SUBSIDIARIES, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, OR ANY OTHER LIABILITY ARISING FROM CUSTOMER'S USE OF SPLASH HOST'S SERVICES AND FACILITIES PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, EVEN IF HTTP-HOSTING HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING PAYMENT OF HTTP-HOSTING REASONABLE ATTORNEY'S FEES.
Refunds :
Http-Hosting shall issue
refunds at our sole discretion. NO refunds will be issued if you are
in violation of these use of service.
|
