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The
Terms Below Must Be Agreed To Before We Can Host Your
Website.
Acceptable
Use
Hosting-Network.net's services may only be used for
lawful purposes. Transmission of any material in violation
of International, Federal or State regulation is prohibited.
This includes but is not limited to: material legally
judged to be threatening or obscene, or material protected
by trade secret laws.
All
sites being hosted with Hosting-Network.net MUST
have a home page and will be a true site. If we find
that you are using the server just for storing data
we will be in contact with you and deal with the issue
accordingly. We have found so many do this for warez
sites. We review all sites from time to time.
If
you are found in violation of the Hosting-Network.net's
Hosting Acceptable User Policy and Terms of Use, then
your account will be terminated without notice and you
will forfeit all of the money that has been paid to
Hosting-Network.net.
Examples of content that is not acceptable on Hosting-Network.net's
Servers: "Pirated software" or "Warez",
"Hacker programs and/or data archives", "IRC
Bots", "Gambling Related", "Copyrighted
Mp3's", cgi-based message boards & PHP message
boards web sites, which are nothing but a forum site.
If this so called site is found using up the server's
resources then that site will be locked until you are
able to make changes. If you want to run a 100% forum
site we suggest you get an account at www.ezboard.com
and add their code to your site. There will be no free
DOWNLOAD Sites. If you have a Download section you will
have to have users log in to that section. Free Download
links on your site can kill the sever as one person
can post that link all over the web. So no free downloads.
No free web hosting is allowed at all.
Warez - Includes pirated software, ROMS, emulators,
phreaking, hacking, and password cracking. As well as
IP spoofing, and encrypting of any of the above. Also
includes any sites which provide "links to"
or "how to" information about such material.
You
specifically agree to indemnify and hold Hosting-Network.net
harmless from any claims resulting from a breach of
these terms, and/or their use of the service, which
damages another.
Ebay
We allow you to sell on ebay but no $1.00 a month hosting
or $12.00 a year hosting. Spammers look for low cost
hosting and in one night they can kill a server. Keep
on top of what your users are doing.
WE
DO NOT HOST ADULT SITES and or Domains. You know
what we mean
Adult Content or links to Adult Content are not permitted
on Hosting-Network.net's servers.
CRON
Jobs
If you run a Cron operation at 1 min Intervals then
that site will be locked and we will be in contact with
you. The least a cron job should be is 1 hour. If you
use a Cron job to check your mail or refresh your site
then you might want to look somewhere else to host your
site. All CPU process are reviewed each day.
Spam
SPAM in any shape or form is NOT permitted and is grounds
for immediate account termination. Mailing lists via
a mailing list manager are acceptable as long as the
lists are OPT-IN list that people have signed up for.
Spam complaints from other users will not be tolerated.
IRC
and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on
our servers in any of its many forms including, but
not limited to: bots and IRC servers. Chat rooms may
be allowed on per use basis, so please ask one of our
support staff before setting one up. (Some cgi/perl
based chat rooms over utilize the server processor.)
Resellers
You are not allowed to sell reseller accounts. If
you have a reseller account then you can sell hosting
but not an account to sell reseller accounts.
Web
Site Hosting And Email
We make no representation and give no warranty as to
the accuracy or quality of information received by any
person via the Server and we shall have no liability
for any loss or damage to any data stored on the Server.
You shall effect and maintain adequate insurance coverage
in respect of any loss or damage to data stored on the
Server.
You represent, undertake and warrant to us that you
will use the Web Site allocated to you only for lawful
purposes. In particular, you represent, warrant and
undertake to us that you will not use the Server in
any manner which infringes any law or regulation or
which infringes the rights of any third party, nor will
you authorize or permit any other person to do so.
You shall not post, link to or transmit: (a) any material,
which is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane
or otherwise objectionable in any way. (b) Any material
containing a virus or other hostile computer program.
(c) Any material which constitutes, or encourages the
commission of, a criminal offence or which infringes
any patent, trade mark, design right, copyright or any
other intellectual property right or similar rights
of any person which may subsist under the laws of any
jurisdiction.
You shall keep secure any identification, password and
other confidential information relating to your account
and shall notify us immediately of any known or suspected
unauthorized use of your account or breach of security,
including loss, theft or unauthorized disclosure of
your password or other security information.
You shall observe the procedures, which we may from
time to time prescribe and shall make no use of the
Server, which is detrimental to our other customers.
You shall procure that all mail is sent in accordance
with applicable legislation (including data protection
legislation) and a secure manner.
In the case of an individual User, you warrant that
you are at least 18 years of age and if the User is
a company, you warrant that the Services will not be
used by anyone under the age of 18 years.
Any access to other networks connected to Hosting-Network.net
must comply with the rules appropriate for those other
networks.
While we will use every reasonable endeavor to ensure
the integrity and security of the Server, we do not
guarantee that the Server will be free from unauthorized
users or hackers and we shall be under no liability
for non-receipt or misrouting of email or for any other
failure of email.
Intellectual
Property Rights
you shall obtain any and all necessary consents and
clearances to enable you lawfully to make use of all
and any intellectual property rights through the Services,
including without limitation, clearance and/or consents
in respect of your proposed domain name.
Service Availability
We shall use our reasonable endeavors to make available
to you at all times the Server and the Services but
we shall not, in any event, be liable for interruptions
of Service or down-time of the Server.
We shall have the right to suspend the Services at any
time and for any reason without notice, but if such
suspension lasts or is to last for more than 30 days
you will be notified of the reason.
The Services provided to you hereunder and your account
with us cannot be transferred or used by anyone other
than you. If your account was found to have been transferred
to another party, or shows other activity in breach
of this sub clause, we shall have the right to cancel
the account and terminate the Services and/or this Agreement
immediately.
Termination
Without in any way limiting our (Hosting-Network.net)
rights.
If a site violates these terms in any way, shape, or
form, the site will be deleted from our network. If
2 violations occur within a 90-day period the site will
be blocked from our network. Our warning schedule is
below.
First Warning: When you (or your clients) upload
illegal content you (or your clients) are knowingly
violating the terms of service. Therefore there is no
need for a first warning. When you upload illegal files,
which violate these terms you know what you are doing,
is against our policies.
Second Warning: There will be no second warning.
The domain is deleted. You may recreate the domain,
however if illegal content is found on this domain again
the domain will be blocked from our servers.
Questionable Situations: If we find content that is
questionable and may or may not violate the terms of
service we will contact you. An example of a situation
like this is a band hosting their music on our servers.
However, you can avoid this step if you notify us. If
you are a band or if you are planning to upload a large
amount of files that are questionable please notify
us before you upload so we are aware of the situation.
This will keep everyone happy.
If you fail to pay any sums due to us as they fall due,
we may suspend the Services and/or terminate this Agreement
forthwith without notice to you.
If you break any of these terms and conditions, we may
terminate this Agreement forthwith upon written notice.
If you are a company and you go into insolvent liquidation
or suffer the appointment of an administrator or administrative
receiver or enter into a voluntary arrangement with
your creditors, we shall be entitled to terminate this
Agreement forthwith without notice to you.
On termination of this Agreement or suspension of the
Services we shall be entitled immediately to block your
Web Site and to remove all data located on it. We shall
be entitled to delete all such data but we may, at our
discretion, hold such data for such period as we may
decide to allow you to collect it at your expense, subject
to payment in full of any amounts withstanding and payable
to us. We shall further be entitled to post such notice
in respect of the non-availability of your Web Site
as we think fit.
Accounts may be cancelled with a 7-day notice. Hosting-Network.net
reserves the right to cancel any account with or without
notice.
Limitation
Of Liability
All conditions, terms, representations and warranties
relating to the Services supplied under this Agreement,
whether imposed by statute or operation of law or otherwise,
that are not expressly stated in these terms and conditions
including, without limitation, the implied warranty
of satisfactory quality and fitness for a particular
purpose are hereby excluded.
Our total aggregate liability to you for any claim in
contract, tort, negligence or otherwise arising out
of or in connection with the provision of the Services
shall be limited to the charges paid by you in respect
of the Services, which are the subject of any such claim.
In any event no claim shall be brought unless you have
notified us of the claim within 6 months of it arising.
In no event shall we ever be liable to you for any loss
of business, contracts, profits or anticipated savings
or for any other indirect or consequential or economic
loss whatsoever.
Notices
Any notice to be given by either party to the other
may be sent by either email, fax or recorded delivery
to the address of the other party as appearing in this
Agreement or ancillary application forms or such other
address as such party may from time to time have communicated
to the other in writing, and if sent by email shall
unless the contrary is proved be deemed to be received
on the day it was sent or if sent by fax shall be deemed
to be served on receipt of an error free transmission
report, or if sent by recorded delivery shall be deemed
to be served two days following the date of posting.
Payment
All payments must be in US Dollars. All charges payable
by you for the Services shall be in accordance with
the scale of charges and rates published from time to
time by us on our web site and shall be due and payable
in advance of our service provision.
Without prejudice to our other rights and remedies under
this Agreement, if any sum payable is not paid on or
before the due date, we shall be entitled forthwith
to suspend the provision of Services to you.
Your Billing is based on the date that you signed up
with us. (Example if you joined us on July 25th, 2003
Your Credit Card will be charge on the 25th of every
month)
Headings
Headings are included in this Agreement for convenience
only and shall not affect the construction or interpretation
of this Agreement.
Entire
Agreement
These terms and conditions together with any documents
expressly referred to in them, contain the entire Agreement
between us relating to the subject matter covered and
supersede any previous Agreements, arrangements, undertakings
or proposals, written or oral: between us in relation
to such matters. No oral explanation or oral information
given by any party shall alter the interpretation of
these terms and conditions. In agreeing to these terms
and conditions, you have not relied on any representation
other than those expressly stated in these terms and
conditions and you agree that you shall have no remedy
in respect of any misrepresentation, which has not been
made expressly in this Agreement. Misuse Of Resources
Including but not limited to employing applications,
which consume excessive CPU time. Chat/IRC, web proxy
and mailing list scripts are not allowed on our network
under any circumstances. Streaming media can be a drain
on web server resources and as such is not allowed.
CGI based message forums which use flat file databases
are often found to use excessive system resources, to
avoid disappointment please use a PHP/ASP message forum.
If you are unsure
about content you intend to place on our network, please check with us
before you do. We reserve the right to determine what constitutes acceptable
use. We may amend these terms of service with or without notice.
We
do reserve the right to edit the terms of service at any time with or
without notice.
If you have any questions please e-mail us at: Admin@Hosting-Network.net.
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