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Web
Site Hosting and Domain Name Terms & Conditions
NOW THEREFORE, in consideration of the covenants set forth
herein, and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the
parties agree to the following:
ARTICLE I
CONTENT
i.
Content:
All services
provided by Host 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, trademark, intellectual property, material
we judge to be threatening or obscene, or material protected by
trade secret and other statute without proper authorization. The
subscriber agrees to indemnify and hold harmless Host from any
claims resulting from the use of the service, which damages the
Customer or any other party.
ii.
Pornography
and sex-related merchandising and material:
is prohibited on
all sites hosted by Host. This includes sites that may infer
sexual content, or links to adult content elsewhere. If you host
non-adult related content with us and then host adult related
sites somewhere else, this is also prohibited and we can not
allow someone to host on our server that would host pornography
elsewhere. If we find out that you are hosting adult material
elsewhere, we will be forced to remove your site (even if it
does not have adult material on it) from our servers because we
feel that it would be just a matter of time before you would
either try to put that on our servers or place a link to it.
Host will be the sole arbiter in determining violations of this
provision. If pornography is found on our server, the offending
domain will be deleted immediately with no warning.
Also prohibited are sites that promote any illegal activity or present
content that may be damaging to Host 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. Host will be
the sole arbiter as to what constitutes a violation of this
provision. Host has the complete right to ask anyone to leave
for any offending reason at our discretion. At Host’s
discretion, access to Host’s server (and your account) may be
revoked at any time for abusive conduct on the system and/or the
Internet and its resources as a whole.
- E-mail:
Spamming, or
the sending of unsolicited e-mail or message board posts
including, without limitation, commercial advertising and
informational announcements, from our server(s) or using an
e-mail address or domain that is maintained on a Host
machine as reference in that spam is STRICTLY prohibited.
Domains and sites are subject to being canceled immediately
off of our server as well as fined no less than $500 US. A
user shall not use another site's mail server to relay mail
without the express permission of the site. Host will be the
sole arbiter as to what constitutes a violation of these
provisions.
ARTICLE II
HOSTING PACKAGES
We reserve the right to change the
packages that we offer in any way without prior notice. We
normally will send out an announcement when we change things but
we reserve the right not to.
- Hosting:
Host shall not be responsible for any claimed
damages, including incidental and consequential damages,
which may arise from Host’s servers going off-line or
being unavailable for any reason whatsoever. Further, Host
shall not be responsible for any claimed damages, including
incidental or consequential damages, resulting from the
corruption or deletion of any web site from one of Host’s
servers. All damages shall be limited to the immediate
termination of your service. We will always do our best to
keep things running smoothly and to ensure that your web
experience is the best. We disclaim any and all loss or
liability resulting from, but not limited to: (1) loss or
liability resulting from access delays or access
interruptions; (2) loss or liability resulting from data
non-delivery or data mis-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting
from the unauthorized use or misuse of your Account Number,
Password or security authentication; (5) loss or liability
resulting from errors, omissions, or misstatements in any
and all information or service(s) provided under this
agreement; (6) loss or liability relating to the deletion of
or failure to store e-mail messages; (7) loss or liability
resulting from the development or interruption of your Web
site; (8) loss or liability from your inability to use our
mail service; or (9) loss or liability that you may incur in
connection with our processing of your application for our
services, our processing of any authorized modification to
your domain name record or your agents failure to pay any
fees, including the initial registration fee, renewal fee or
transfer fee.
- Refusal of Service:
Host shall
be the sole arbiter of what is and is not a violation of
these acceptable use policies. Host reserves the right to
terminate any account at any time and for any reason. Host
reserves the right to delete all content and files upon
termination. Host reserves the right to withhold any
pre-paid funds for any site removed for violations of these
policies. Host reserves the right to refuse, cancel, or
suspend service at our sole discretion.
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.
The laws of the State of Arkansas hereunder shall
govern this Agreement and all rights. Any action relating to
this Agreement shall be brought exclusively in the courts of
Arkansas in the USA. Host reserves the right to change the
Acceptable Use Policy without prior notice or warning.
Failure to follow any term or condition will be
grounds for immediate shut down.
ARTICLE III
DOMAIN REGISTRATION
i.
Fees: As
consideration for the domain name registration services provided
by Host, you shall pay all applicable initial registration fees
and renewal fees. We register your new domain through an ICANN
approved registrar (DomainSite.com) and you agree to pay us
$15.00 US per year for the total of the years that you are
registering upon registration and then you agree to pay $15.00
US per year after that for every year that you use the domain.
You will be notified when renewal fees are and it shall be your
responsibility to ensure that such fees are paid. If you do not
respond or pay within the specified time period for
registrations or renewals, the ownership of the domain will
transfer to Webin Ebon, Inc. and will not be available for
purchase. You agree that Host shall have no liability whatsoever
with respect to any such cancellation, and that Host may cancel
or reassign the domain name in the event of any delinquency or
abuse of these terms. We reserve the right to refuse any domain
registration request at our discretion. All domain registration
fees are non-refundable. Once the domain is ordered, we
cannot get your money back if you change your mind.
You acknowledge that Host may modify this Agreement
if necessary to comply with its Agreement with the registrar and
ICANN, or for any other business purpose.
ii.
Dispute Policy:
In applying for
a domain name, you warrant that the registration is not made in
bad faith and that the name does not conflict with another
domain name. You agree to be bound by the current Uniform Domain
Dispute Resolution Policy ("Dispute Policy"), which is
incorporated into this Agreement by reference. The Dispute
Policy can be found at http://www.domainsite.com/dispute_policy.php.
Any disputes regarding the right to use your domain name will be
subject to the Dispute Policy. DomainSite.com may modify the
Dispute Policy in its sole discretion at any time. Your
continued registration of your domain name after modification to
the Dispute Policy becomes effective constitutes your acceptance
of those modifications. If you do not agree to such a
modification, you may request that your domain name be deleted.
You agree that you will be subject to the provisions specified
in the Dispute Policy in effect at the time your domain name is
challenged by a third party. You also agree that in the event a
domain name dispute arises with any third party, you will
indemnify, defend and hold Host and DomainSite.com harmless.
iii.
Use of Your
Information:
As part of the
registration process, you are required to provide certain
information and to update this information to keep it current,
complete and accurate. This information includes (i) your full
name, postal address, e-mail address, voice telephone number,
and fax number if available; (ii) the name of an authorized
person for contact purposes in the case of a registrant that is
an organization, association, or corporation; (iii) the IP
addresses of the primary nameservers and any secondary
nameservers for the domain name; (iv) the corresponding names of
those nameservers; (v) the full name, postal address, e-mail
address, voice telephone number, and fax number if available of
the technical contact for the domain name; (vi) the full name,
postal address, e-mail address, voice telephone number, and fax
number if available of the administrative contact for the domain
name; (vii) the name, postal address, e-mail address, voice
telephone number, and fax number if available of the zone
contact for the domain name; and (viii) any remark concerning
the registered domain name that should appear in the Whois data.
You acknowledge that providing inaccurate information or failing
to update information promptly will constitute a material breach
of this Agreement and will be a basis for cancellation of your
domain name and hosting. If you license use of a domain name to
a third party, you remain responsible for providing your own
full contact information and for providing and updating accurate
technical, administrative, and zone contact information.
You acknowledge that Host will make some of the
information that you provide during the registration process
publicly available as required by ICANN. Additionally, you
acknowledge that ICANN may impose guidelines, limits and/or
requirements that relate to the amount and type of information
that Host may or must make available to the public or to private
entities. Host will not otherwise disclose your information to
any third party unless it is required to maintain your domain
name. You may request a copy of your information in Host’s
possession to review, modify or update such information.
iv.
Use Policies:
Host reserves
the right to suspend or cancel your domain name in the event
that you use the domain name to send unsolicited commercial
advertisements in contradiction to either applicable laws or
customary acceptable usage policies of the Internet, or if you
use your domain name in connection with unlawful activity. You
may not transfer your domain to another registrar within sixty
(60) days of obtaining the domain name through us.
v.
Representations
and Warranties:
You represent
and warrant that all information provided by you in connection
with your registration is complete and accurate. Host makes no
representation or warranties of any kind in connection with this
Agreement. Host does not represent or warrant that registration
of your domain name will immunize you from challenges to your
domain name.
vi.
Breach and
Revocation:
Host must remedy any breach of this Agreement or the
Dispute Policy by Customer within 30 days of notice. If you fail
to cure the breach, Host may revoke your registration of the
domain name. You
also agree that Host shall have the right in its sole discretion
to revoke, suspend, transfer or otherwise modify a domain name
registration upon seven (7) calendar days prior written notice,
or at such time as Host receives a properly authenticated order
from a court of competent jurisdiction, or arbitration award,
re-querying the revocation, suspension, transfer or modification
of the domain name registration.
Nothing contained in this Policy shall be construed as
creating any agency, partnership, or other form of joint
enterprise between the parties.
vii.
Agents:
Client
understands, acknowledges and agrees that by using the domain on
or any service of Host, client ratifies and is bound by this
Agreement even if an agent (such as a webmaster, ISP, or
employee) entered into this Agreement on Registrant's behalf,
and even if Registrant has not itself read this Agreement.
Further, Registrant is responsible for all information submitted
by its agent. You agree that if you license the use of your
domain name to a third party, you remain the domain name holder,
and remain responsible for all obligations under this Agreement.
ARTICLE IV
SYSTEM AND NETWORK SECURITY
- Violations:
of the Host system or network security is prohibited,
and may result in criminal and civil liability. Host 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, but not limited to, the
following:
·
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.
·
Unauthorized
monitoring of data or traffic on any system or network without
express authorization of the owner of the system or network.
·
Interference with
service to any user including, but not limited to, mailbombing,
flooding, deliberate attempts to overload a system and broadcast
attacks.
·
Forging of any
TCP-IP packet header or any part of the header information in
e-mail or a newsgroup posting.
Host
reserves the right to report illegal activities to any and all
regulatory, administrative, and/or governmental authorities for
prosecution.
- IRC:
We currently
do not allow IRC or IRC bots to be operated on our servers.
- Age:
The client must be 18 years of age to obtain our
hosting services.
- Server Abuse:
Any attempt
to undermine or cause harm to a server, or customer, of Host
is strictly prohibited.
- Newsgroups:
Posting the
same or similar message to one or more news groups
(excessive cross-posting or multiple-posting, also known as
"SPAM") is explicitly prohibited.
- WebCams:
Transfer
monsters. If you must use one and want to help pay for the
extra bandwidth please contact us to discuss it first.
- Transfer:
We reserve
the right to ask you to move your domain or upgrade to
another server option that suits your needs if your site
takes up more than a fair share of the server resources
(over 10%). This can include excessive use of cgi resources,
system resources, or excessive use of bandwidth. We allow
bandwidth starting at 2 GB per month, but the load on the
server from various applications and cgi processes can also
cause big problems and we will address that if needed. There
will not be any surprise bills, but we will ask you to
remedy this problem and if it is not possible for you to do
that, you will be expected to upgrade or move.
- Indemnity:
You agree to
defend, indemnify and hold harmless Host and any applicable
domain name registry, for any loss, damages or costs,
including reasonable attorneys' fees, resulting from any
third party claim, action, or demand related to your domain
name or the use thereof. This indemnification is in addition
to any indemnification required under the Dispute Policy. We
do not own your domain name nor do we want to (unless
you do not pay for it and we have to transfer the ownership
to us - see the section on domain registration above) and we
do not claim ownership of your content. It is completely
yours. All content on your web site is considered a
publication of yours and we are not to be held responsible
for anything you present on the web through your domain in
any way.
- Limitation of Liability:
Domain Registration
YOU AGREE
THAT HOST AND/OR BULKREGISTER WILL NOT BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY
LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR
DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO
HOST/BULKREGISTER'S REGISTRATION SYSTEM; (d) THE
NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN CUSTOMER AND
HOST; (e) EVENTS BEYOND HOST’S CONTROL; (f) THE PROCESSING
OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION
TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE
FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i)
THE APPLICATION OF THE DISPUTE POLICY. FURTHER, HOST OR
BULKREGISTER WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING
LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF
HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT SHALL HOST’S MAXIMUM LIABILITY EXCEED THE TOTAL
AMOUNT PAID BY YOU TO HOST FOR REGISTRATION OF YOUR DOMAIN
NAME DURING THE PRIOR 3 YEARS. TO THE EXTENT APPLICABLE
STATE DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS
LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW
Limitation
of Liability
ARTICLE V
LATE CHARGES
Any outstanding balances as of the fifteenth (15th)
of the month, excluding the current monthly charge or otherwise
prearranged by customer, will incur a charge of fifteen ($15)
dollars on the following month’s invoice.
Any balances not paid within a six (6) month time from
date of invoice, will be taken to a collection agency and
website will become unavailable until charge is paid.
Thus when charges are paid, a six (6) month advanced
payment will be required until cancellation of services
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