PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY
ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
The following terms and conditions apply to all hosting accounts.
Hosting Company referred to as "24x7 Web Hosting" will
provide services to the account holder, hereinafter referred to as
"client", in exchange for payment of fees and compliance
with the terms and conditions of this document. Service payments will
be submitted in accordance with the billing procedures outlined in
this document and according to the rates published in the online
documentation. Client certifies that client has read, is aware of, and
understands the rates and fees for usage of 24x7 Web Hosting as
outlined in the online documentation.
Agreement : 24x7 Web Hosting agrees to provide, and Client agrees to
receive, access to the services according to the following terms and
conditions:
1.
Client will use the services in a manner consistent with any and all
applicable laws of the fifty States of the United States of America
and the United States Federal Government. No Spam. No Copyright
Violations. No Kiddie Porn. No Bestiality. No Warez or MP3's
2.
24x7 Web Hosting reserves the right, in its sole discretion, to
deactivate the Client's account(s) upon an indication of credit
problems including delinquent payments.
3.
CONDITIONS: The application and this Agreement constitute a legal and
binding contract between 24x7 Web Hosting and the Client and does not
extend to any other person or entity. Client is bound by the terms
under this Agreement. Cancellations after the application is received
and web space is setup will still hold the Customer responsible for
costs incurred by 24x7 Web Hosting concerning the setup of the web
space.
4.
WARRANTIES: With respect to the services to be provided herein, the
Customer acknowledges that 24x7 Web Hosting makes absolutely no
warranties whatsoever, express or implied. As a result, the Client
agrees that 24x7 Web Hosting shall not be liable to the Client for any
claims, damages or loss of profit which may be suffered by the Client
or any other entity in any respect for direct, indirect,
consequential, actual, or punitive damages arising out of or in
relation to the services provided herein, including, but not limited
to, losses or damages resulting from the loss of data as the result of
delays, non-deliveries, or service interruptions.
5.
INFORMATION: The utilization of any data or information received by
the Client from the utilization of the service to be provided by 24x7
Web Hosting is at the Client's sole and absolute risk. 24x7 Web
Hosting specifically disclaims and denies any responsibility for the
completeness, accuracy, timeliness, or quality of information obtained
through the services to be provided hereby.
6.
24x7 Web Hosting operates its services subject to and in accordance
with all applicable local, state, and federal laws. Client agrees to
indemnify and hold harmless 24x7 Web Hosting from any civil claims or
criminal charges resulting from service that causes direct or indirect
damage to another party or violates any law. Client also agrees to
indemnify and hold 24x7 Web Hosting harmless from any and all
lawsuits, judgments, decrees, costs and expenses, and attorney fees
arising from customer's use of services provided.
7.
24x7 Web Hosting reserves the right to refuse service to any
individual or organization for any reason not prohibited by law. 24x7
Web Hosting also reserves the right to terminate existing service to
any individual or organization for any reason not prohibited by law.
8.
Client hereby agrees that any material submitted for publication on
24x7 Web Hosting 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
24x7 Web Hosting. Client hereby agrees to indemnify and hold harmless
24x7 Web Hosting for any claim resulting from the submission of
illegal materials.
9.
Client hereby agrees that any material submitted for publication on
24x7 Web Hosting through 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 , violations of privacy, computer viruses, and any
harassing and harmful materials or uses. Client hereby agrees to
indemnify and hold harmless 24x7 Web Hosting from any claim resulting
from your publication of materials or your use of those materials.
24x7 Web Hosting may or may not give notice before deactivating the
use of an account(s) which 24x7 Web Hosting decides is an abusive or
unethical use of the account(s)
10.
CHANGES IN TERMS OF AGREEMENT: 24x7 Web Hosting reserves the right to
make changes to the terms and conditions of this Agreement at any
time, and to the on-line application to include service pricing,
advising of the change and the effective date thereof, but with
changes in service fees being effective only at the end of any period
for which the Customer has prepaid. Utilization of the service by the
Customer following the effective date of such change shall constitute
acceptance by the Customer of such change(s).
11.
SEVERABILITY: In the event that any term or provision of this
Agreement is held by a court of competent jurisdiction to be illegal,
unenforceable or invalid in whole or in part for any reason, the
remaining provisions of this Agreement shall remain in full force and
effect.
12.
CONFIDENTIALITY: Customer acknowledges that any information not
generally known by or disclosed to the public to include but not
limited to computer programs, source code, algorithms and inventions
are the property of 24x7 Web Hosting and may not be utilized or
released without the express written permission of 24x7 Web Hosting.
13.
24x7 Web Hosting will not be held responsible for any damages client
suffers or inflicts upon another party. This includes loss resulting
from service interruptions, delays, non-deliveries or mis-deliveries
caused by 24x7 Web Hosting negligence or client's own actions and/or
errors. 24x7 Web Hosting makes no warranties of any kind, either
expressed or implied, for the service it is providing.
14.
24x7 Web Hosting operates it services subject to and in accordance
with all applicable local, state, and federal laws. Client agrees to
indemnify and hold harmless 24x7 Web Hosting from any civil claims or
criminal charges resulting from service that causes direct or indirect
damage to another party or violates any law. Client also agrees to
indemnify and hold 24x7 Web Hosting harmless from any and all
lawsuits, judgments, decrees, costs and expenses, and attorney fees
arising from customer's use of services provided.
15.
24x7 Web Hosting reserves the right to refuse service to any
individual or organization for any reason not prohibited by law. 24x7
Web Hosting also reserves the right to terminate existing service to
any individual or organization for any reason not prohibited by law.
16.
Due to the public nature of the Internet, all information should be
considered publicly accessible, and important or private information
should be treated carefully. 24x7 Web Hosting 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.
17.
Use of distribution lists via unsolicited electronic mail or other
mass electronic mailings or news group postings is strictly
prohibited. 24x7 Web Hosting reserves the right to deactivate the
Client's account(s) upon an indication of such activity. Client hereby
agrees to indemnify and hold harmless 24x7 Web Hosting from any claim
resulting from the Client's or another party's use of electronic mail
service(s) on the Client's account(s).
18.
24x7 Web Hosting maintains control and any ownership of any and all IP
numbers and addresses that may be assigned to Client and reserves in
its sole discretion the right to change or remove any and all IP
numbers and addresses.
19.
First offense may result in immediate termination of account. If this
occurs the unused portion of your account will not be refunded. 24x7
Web Hosting reserves the right to cancel your service with NO refunds
should the above occur.
20.
Client acknowledges that 24x7 Web Hosting has the right, but not the
responsibility, to inspect any information stored on 24x7 Web
Hosting's servers for the purpose of enforcing this agreement.
21.
Client acknowledges that 24x7 Web Hosting will comply with any and all
court orders from any court with jurisdiction over 24x7 Web Hosting,
regarding release of client information.
22.
Use of 24x7 Web Hosting services constitutes acceptance of these terms
and conditions, and with that use, client agrees to all the terms and
conditions of this Agreement.
23.
24x7 Web Hosting prefers a 30 day cancellation notice and requests all
cancellations in writing, NO EXCEPTIONS. We have in the past had
employees, friends or relatives try to cancel peoples hosting
accounts. This stipulation is in place for the client's
security.
24.
Refunds - Refunds of part or all hosting fees will be given in
conjuction with termination of service, if so requested by the
customer. Partial refunds, resulting from a termination of
service part of the way into a billing cycle, will be calculated and
granted based on a monthly pro-rated formula. ie. Service,
prepaid for 1 year, terminated after 4 1/2 months will result in a
refund equal to 7/12 of the annual hosting fee paid.
25.
Credit Cards or Checks that come back declined, NFS, Fraudulent
(authorities will be contacted for all fraud) or unusable will be
billed a one time charge of $25.00 for each and every occurrence, when
we run monthly billing, and the account will be placed on immediate
hold as soon as billing is ran. It is the customers responsibility to
keep a valid and good credit card on file at all times with sufficient
funds to cover all charges due.
26.
To falsify user information provided to 24x7 Web Hosting or to other
users of the service in connection with use of 24x7 Web Hosting
service. 24x7 Web Hosting considers the above practices to constitute
abuse of our service and of the recipients of such unsolicited
mailings and/or postings, who often bear the expense. Therefore, 24x7
Web Hosting's terms and conditions of service prohibit these
practices. Engaging in one or more of these practices will result in
termination of the offender's account and/or access to 24x7 Web
Hosting services. A MINIMUM CHARGE OF $500.00 and or $15.00 PER E-MAIL
SENT, AS A RESULT OF UNSOLICITED E-MAIL SENT and or SPAM MESSAGES,
WILL BE BILLED TO THE CHARGE CARD OR CHECKING ACCOUNT OF THE OFFENDER,
without notice and you agree to this by signing up for any of our
services. In addition, 24x7 Web Hosting reserves the right, where
feasible, to implement technical mechanisms which block multiple
postings as described above before they are forwarded. This policy
addresses only the kinds of network abuse specifically enumerated
above.