TERMS
AND CONDITIONS (ACCEPTED USES AND CONTENT
POLICY)
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| 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.
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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.
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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. |
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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.
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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.
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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.
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| 6. SERVICE FEES
AND INVOICING |
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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. |
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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.
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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.
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| 9. CHANGES IN TERMS
OF AGREEMENT |
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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.
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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. |
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| 11. ENTIRE AGREEMENT
AND SEVERABILITY |
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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.
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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. |
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