TERMS AND CONDITIONS (ACCEPTED USES AND CONTENT POLICY)

TERMS AND CONDITIONS (ACCEPTED USES AND CONTENT POLICY)

The policies and guidelines expressed herein supplement the rights and obligations of the parties under the Service Agreement for hosting services. This document establishes operating principles and acceptable use policies as they relate to the Customer's use of the Internet and the connection/services provided by Hostaroo.com to the Customer under the Service Contract Agreement.

1. SERVICE DESCRIPTION

Hostaroo.com provides a dedicated server computer that is integrated into the Internet. Hostaroo.com provides its server as a gateway from the server of various customers into the Internet, for which Hostaroo.com charges a fee. After an account has been setup and any data has been uploaded to the site, Hostaroo.com retains judgment as to what refund if any is applicable in the event of a cancellation of service.

2. SERVICE USAGE  

A. Legal Parameters: This service may be utilized only for lawful purposes, and the usage of the service in connection with or adjunct to any matter or thing which violates any foreign, municipal, state, county or federal statute or regulation is prohibited. Client agrees to indemnify and hold harmless Hostaroo.com from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by client.

B. Unilateral Service Revocation: In the event that Hostaroo.com, at any time, believes that the service is being utilized by the client in contravention of the terms and provisions of this contract, Hostaroo.com may, at its sole discretion, immediately discontinue such service to client, without liability other than for the refund of unearned prepaid service fees.

3. NO WARRANTIES

With respect to the service to be provided hereunder, client acknowledges that Hostaroo.com makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness of this service for a particular purpose. As a result, client agrees that Hostaroo.com shall not be liable to client or any of its customers for any claims or damages which may be suffered by client 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, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Hostaroo.com. Client hereby agrees to indemnity and hold harmless Hostaroo.com from any and all claims of whatever nature brought by any of client’s customers against Hostaroo.com.

4. USE OF INFORMATION

The utilization of any data or information received by client or its customers from the utilization of the service to be provided by Hostaroo.com is at client and its customer's sole and absolute risk. Hostaroo.com specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

5. DOMAIN NAME

If Hostaroo.com shall acquire an Internet Domain Name on behalf of the client, then in such case the client hereby waives any and all claims which it may have against Hostaroo.com for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by Hostaroo.com for any reason. Any costs of Hostaroo.com in obtaining or maintaining a domain name for client shall be immediately reimbursed to Hostaroo.com upon invoice from Hostaroo.com to client.

6. SERVICE FEES AND INVOICING

Client shall pay the initial fees set forth below, prior to the commencement of service. Thereafter, client shall be invoiced in advance for a minimum three (3) month period, at least fifteen (15) days prior to the expiration of the then current three (3) month period. Payment of the service fee is due prior to the first day of said three (3) month period. In the event that client shall fail to pay for such services in advance of that three (3) month period, then Hostaroo.com shall be entitled to unilaterally terminate this agreement and discontinue the service of client or the applicable account for which payment has not been received. The indemnification and limits of liability provisions of paragraphs 2 and 3 shall survive any such termination. Upon payment of the charges due hereunder, Hostaroo.com may, at its sole discretion, reinstitute service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service disconnection or suspension shall require a $25 re-connect fee. Initial service and set-up fees are as follows:

Additional fees, if applicable, will be billed at the end of each month, with payment due within ten (10) days thereafter: These fees are applicable for additional: disk space, data transfer, POP3/forwarding email accounts or mail list services.

Additional Terms

All support inquiries are to be initiated via email to: techsupport@Hostaroo.com Hostaroo.com will make a diligent effort to resolve any problem related to Hostaroo.com's hardware or supporting software. In the event of a Virus infection on a Customers website, Hostaroo.com does reserve the right to removed the infected files and if necessary shutdown the site. Hostaroo.com does NOT provide phone support.

7. CANCELLATIONS

Any cancellation of services must be requested through the Hostaroo.com support page. Please have your user ID and password available in order to process any request for cancellation. Hostaroo.com will respond with a written confirmation via email that the cancellation request has been received and processed. This procedure is designed to protect our customers against unauthorized cancellation of service. Hostaroo.com cannot accept cancellations via email. Hostaroo.com offers NO refunds for service unused after the 30 day money back Guarantee period.

8. SCOPE OF AUTHORITY

Client has no authority, apparent or otherwise, to contract for, or on behalf of Hostaroo.com, or in any other way legally bind Hostaroo.com in any fashion, nor shall client be authorized to make any representations about Hostaroo.com or its services other than to reiterate to its clients Hostaroo.com's responsibilities as outlined in this agreement.

9. CHANGES IN TERMS OF AGREEMENT

Hostaroo.com reserves the right to make changes to the above terms and conditions of this agreement at any time. Changes in monthly service fees shall become effective only at the end of any calendar quarter for which client has prepaid for the respective quarter. Utilization of the service by the client and/or its customers following the effective date of such change shall constitute acceptance by client of such change(s) in terms.

10. DISPUTES

A. Venue: Should any dispute arise under the terms of this contract, the parties agree that venue for resolution of said dispute shall be in the County or Circuit Courts in and for Jefferson County, Louisville.

B. Attorney's Fees and Expenses: Should any legal action be instituted to enforce the terms and conditions of this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.

11. ENTIRE AGREEMENT AND SEVERABILITY

This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.

General

The Internet is a voluntary association of users interested in and willing to exchange information and data with other Internet users. At present there is no oversight group providing governance over the principles, policies or procedures for use of the Internet or the information and data accessed via the Internet.

In order to facilitate their contractual relationship the Customer and Hostaroo.com wish to define a working protocol of principles and policies and establish operating guidelines and acceptable standards of use of the Internet.

To this end the parties agree as follows:

Principles Governing Acceptable use of the Internet by the Customer

Responsibility and Respect - The Internet is a network intended for use by mature, adult users. The Customer recognizes this principle and undertakes at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet user groups. This general guideline carries with it the following specific responsibilities:

a) Knowledge of the Internet - The Customer agrees to obtain a basic knowledge of the Internet and its operating principles and procedures.

b) Improper Uses - The Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security.

Hostaroo.com strictly prohibits Unsolicited Commercial Email (UCE), also known as "spam". This includes using our network to distribute unsolicited bulk email from your site on our servers or using any outside network to send bulk email advertising your site on Hostaroo.com servers. Hostaroo.com will terminate any account that receives three complaints of unsolicited email within a one month period, and no refund will be issued for unused service.

c) Compliance with Laws - The Customer will ensure that its use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries.

d) Validation of Information - The Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet.

e) Security - The Customer is required to protect the security of its Internet account and usage. The Customer(s) password will be treated as private and confidential and not disclosed to or shared with any third parties.

f) Discretion and Judgment - The Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.

g) Pornography - Due to legal and social issues, we will not accept any customers who publish pornographic images. If a customer publishes pornographic images, Hostaroo.com may issue a warning and/or suspend your account.

h) Excessive CPU usage - Customers will not be allowed to use excessive amounts of CPU processing on any of our servers or face immediate suspension. For example: 1) a few customers have tried re-selling our counters or auto-responders to the rest of the world which caused an excessive amount of requests on our server(s). 2) email bombs. 3) re-selling CGI access to other 3rd parties.