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Website Web Hosting Terms and
Conditions
The short of it: If it's illegal, we don't want it on our servers, this includes pirated
files, mp3's you have no license to redistribute, a message forum you
run that's not licensed for your use, or anything else that could be
deemed illegal or obscene. We don't want spam, we don't want bulk
mailers, if your site has a mailing list, you better make sure it's
double opt-in (if you don't know what that is, ask us) or eventually,
someone is going to report you as a spammer if you have more than a handful
of subscribers.
No message forums that are not database driven, the freaking things
simply eat up too much CPU due to their inefficiency. Most message
boards that are perl based, database or flat file driven, will likely
become too CPU hungry unless your forum is pretty low key.
If your script runs off with the CPU, we're gonna kill it, and then
we'll try and help you make sure it doesn't happen again. If it keeps
happening the script will have to be disabled. It's unfair to the other
people on the server.
Refunds: 30 day money back guarantee if you're
dissatisfied with our service (or just don't need it), as long as you
didn't violate the TOS or AUP. For prepayments we refund the unused
portion of the year as if you were paying the regular price (it is
supposed to be for a year after all, not 6 months then cancel).
Backups: We supply backups, you
have to download them. We don't guarantee backups to be on our servers
so download your own backups if your site is important to you! If
we have to get into the old backups on the backup server itself to
restore data lost due to user error (not server error, but user error)
then there is a $40.00 fee for the time spent.
Changing your hosted domain: if you signup for hosting, and later wish
to change your hosting plan to host a different domain name than what
you originally signed up for, there will be a $10.00 fee for making this
change for you.
The long of it:
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.
Certified Computer Service agrees to provide you ("User") with those
services ("Service") set forth on the Application subject to User's
compliance with the terms and conditions below.
Electronic Signature:
User agrees to the be held responsible for all billing with regards to
the Electronic Records and Signatures in Commerce Act (detailed below).
User will receive a confirmation email with a randomly assigned password
to continue with the signup procedure. Use of this random code
electronically received by user at users personal email address,
constitutes that user consents electronically, or confirms his or her
consent as stated in section 101 part (c) subsection (ii) of the
Electronic Records and Signatures in Commerce Act S761.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY
IS EXPRESSED OR IMPLIED.
Certified Computer Service exercises no control what so ever over the
content of the information passing through Certified Computer Service's
system. Use of any information obtained via Certified Computer Service
is at User's risk. Neither Certified Computer Service nor any of its
affiliates, its licensers, its contractors or their respective employees
warrant that the Service will be uninterrupted or error free; nor does
Certified Computer Service make any warranty as to the results from use
of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF TITLE, NO INFRINGEMENT, IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES
ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR
INFORMATION GIVEN BY Certified Computer Service, ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A
WARRANTY. NEITHER Certified Computer Service NOR ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION,
SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES,
CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Certified Computer Service, ITS AFFILIATES,
ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE
THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S
RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON
OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION
OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF
CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT
Certified Computer Service IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF
THIS AGREEMENT, Certified Computer Service'S LIABILITY SHALL BE LIMITED
TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO
REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions,
rules, policies, guidelines or practices of Certified Computer Service
in operating the Service, User's sole and exclusive remedy is to
discontinue using the Service.
Indemnification
Notwithstanding anything to the contrary herein contained, User agrees
to indemnify and hold Certified Computer Service, its affiliates, its
licensers, its contractors or their respective employees harmless
against any and all liability, loss, claim, judgment, damage and expense
including without limitation attorney's fees and cost of litigation)
incurred or suffered by Certified Computer Service, its licensers, its
affiliates, its contractors, or their respective employees as the result
of any and all use of User's account whether authorized or not
authorized or as a result of the negligence, willful misconduct, or
breach of any of the terms of this Agreement by User, including but not
limited to claims, liabilities, losses, damage, judgment and expense
which arise out of alleged injury or death of any person or damage to
property of every kind and description. User shall promptly notify
Certified Computer Service in writing of any claim of which it is
obligated under this indemnity. User shall have the right to assume the
defense of any such claim. User and Certified Computer Service shall
confer as to and agree on the legal counsel(s) to be selected in any
such defense.
Age Limit
User represents to Certified Computer Service that he or she is 18 years
of age or older. User understands that certain materials available from
Service provided under the terms of this Agreement may not be suitable
for individuals under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some of
which are sexually explicit or may be offensive. User accesses such
materials at his or her own risk. Certified Computer Service has no
control over and accepts no responsibility whatsoever for such
materials.
Prohibited Uses
User may not: restrict or inhibit any other user from using and enjoying
the Internet;post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, pornographic, profane, or otherwise
objectionable information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise violate
any local, state, national or international law, including without
limitation the U.S. export control laws and regulations;
post on web space provided any sexually explicit materials or materials
that may be offensive.
post or transmit any information or software which contains a virus,
cancelbot, trojan horse, worm or other harmful component;post, publish,
transmit, reproduce, distribute or in any way exploit any information,
software or other material obtained through the Service for commercial
purposes (other than as expressly permitted by the provider of such
information, software or other material);upload, post, publish,
transmit, reproduce, or distribute in any way, information, software or
other material obtained through the Service which is protected by
copyright, or other proprietary right, or derivative works with respect
thereto, without obtaining permission of the copyright owner or right
holder;
upload, post, publish, transmit, reproduce, transmit or distribute in
any way any component of the Service itself or derivative works with
respect thereto;
send unsolicited advertising or promotional materials to other network
users (See section titled "MESSAGING"); allow users to run Maillist,
Listserv or any form of auto-responds from User's account;
run or activate processes while User is not logged in;
violate the security of any computer network, crack passwords or
security encryption codes, transfer or store illegal material including
that deemed threatening or obscene, or engage in any kind or illegal
activity; attempt to defeat any idle timer or system tool intended to
enforce the part-time and personal nature of User's connection,
including the use of pingbots and other methods of avoiding timing
disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES");
or violate any of the rules, regulations and policies of those networks
and computer systems accessed via User's account. Certified Computer
Service has no obligation to monitor the Service. However, User agrees
that Certified Computer Service has the right to monitor the Service
electronically from time to time and to disclose any information as may
be necessary to satisfy any law, regulation or other governmental
request, to operate the Service properly, or to protect itself or its
subscribers. Certified Computer Service will not intentionally monitor or disclose
any private E-mail message unless required by law. Certified Computer
Service
reserves the right to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole and absolute
discretion, are unacceptable, undesirable, or in violation of this
Agreement. Certified Computer Service reserves the right to suspend access to the
Service for User's account. The account's suspension may be rescinded
within the sole and absolute discretion of Certified Computer Service following
payment of a reconnection charge, to be determined by Certified Computer
Service in
its sole and absolute discretion.
Messaging
User agrees to limit their use of the Certified Computer Service service,
specifically regarding the use of Certified Computer Service's electronic (email)
services, to the following restrictions:
Unauthorized Use of Relay Servers User agrees that any unauthorized use
of any email server located throughout the Internet for the purposes of
relaying or distributing messages is prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution of any email message where
the return address, originator's address, or any other identifiable
aspect of the message has been purposefully altered, is prohibited. User
may not purposefully misrepresent the origination information of any
email messages sent while using the Certified Computer Service service.
Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent
materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF
SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE
TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL
RESULT IN THE IMMEDIATE PENALTY OF $200. Certified Computer Service RESERVES THE
RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF
Certified Computer Service SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE
TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR Certified Computer Service SERVICE VIA
CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, Certified Computer Service RESERVES
THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF
$200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE
TERMINATION OF Certified Computer Service SERVICES FOR VIOLATION OF ANY OF THESE
TERMS.
Limitation of Web Hosting Services
Although Certified Computer Service may advertise "Unlimited Bandwidth" in regards
are several limitations applied. The sole purpose of these limitations
are intended of unnecessary use of Certified Computer Service services by any such
User, which restricts system availability for other such Users. These
limitations apply only to Hosting offered by Certified Computer Service.
Restricted Content
You agree not to post any of the following restricted contents: Illegal,
Abusive or Unethical Activities include, but are not limited to,
pornography, obscenity, nudity, violations of privacy, hacking, computer
virus, gambling, or promotion of gambling, and any harassing or harmful
materials or uses, as determined by us. You agree to indemnify and hold
us harmless from any claim resulting from your publications or use of
Illegal, Abusive or Unethical materials.
Bandwidth Restrictions
Although we may advertise unlimited bandwidth, we reserve the right to
inform you that you must transfer your website if an excessive amount of
bandwidth is being used. If the request is not met within 5 days, we do
reserve the right to remove the website from our system. Limitation of
Dial-Up Services
Although Certified Computer Service may advertise "Unlimited Access" in regards to
some of it's Dial-Up services, there are several limitations applied.
The sole purpose of these limitations are intended to limit the amount
of unnecessary use of Certified Computer Service services by any such User, which
restricts overall Certified Computer Service system availability for other such
Users. These limitations apply only to Dial-Up access services offered
by Certified Computer Service.
Idle Timeout
User agrees to have their online session automatically terminated after
ten (10) minutes of consecutive inactivity. Inactivity is defined as
less than 500 bytes of data transferred between User's modem and the
Certified Computer Service. Maximum Single Session User agrees to have an
online session automatically terminated after eight (8) hours of
consecutive time, regardless of data transferred during such specific
online session.
Minimum Re-Connect Limit
User understands they cannot log back onto the Certified Computer
Service system for
a time period of one (1) minute following the termination of their
previous online session, regardless of the reason for the previous
session's termination.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online session
for each PPP/ISDN account purchased.
Terms of Payment
A credit card User agrees to allow "Certified Computer Service" to bill his or her
card on each successive billing date without obtaining User's permission
after the initial charge. A credit card User shall notify Certified
Computer Service of any changes in credit card number or expiration date. If the card is
not honored for any reason, Certified Computer Service will attempt to notify the
card holder by using the telephone information given at sign-up or by
E-mail. Certified Computer Service will call the card holder, and if alternative
billing has not been established, the account will be terminated.
Restoring the account will be subject to a setup fee of $10.00.
If payment is by check, payment due dates are indicated on User's
invoice. Dishonored checks are subject to a collection fee to be
determined by Certified Computer Service in its sole and absolute discretion and
User's account may be suspended until the account is current. If payment
is not received, service will be terminated and a setup fee of $10.00
will be added tom charges for additional Service.
Certified Computer Service maintains the right to terminate Service for any unpaid
subscriptions. Accounts in default are subject to an interest charge of
2.5% per month on the outstanding balance. Termination of Service shall
not relieve User from the obligation to satisfy outstanding invoices. In
the event Certified Computer Service utilizes an attorney to collect any
unpaid amounts, User shall be responsible for the payment of all of
Certified Computer Service'S attorneys' fees and costs in the collection of these
sums. Certified Computer Service reserves the right to change prices at any time
without prior notice to it's customers or the public. Price changes will
not be retroactive for existing customers, regardless of the length of
their existing service subscription.
Right to Cancel
Certified Computer Service reserves the right to cancel Service for any reason
without prior notice. Pre-paid service is non-refundable. Certified
Computer Service
will not refund any shipping or handling fees. Cancellations after the
first of the month will be charged for that month. User must notify
Certified Computer Service via telephone or in writing to cancel Service. Cancellations
shall not be honored by electronic mail. Fees for any setup, shipping
and handling, and monthly service charges placed by Certified Computer
Service are
non-refundable.
No Confidentiality
Information transmitted through Certified Computer Service and through the Internet
in general is not confidential. Certified Computer Service can not and shall not
guarantee privacy or protection of any User. Certified Computer Service reserves the
right to monitor any User's transmissions when deemed necessary for
providing proper service and/or to protect the rights and property of
Certified Computer Service.
Non-transferable
The right to use the Service is not transferable. Accounts are for
User's use only. User shall be responsible for the confidentiality of
User's password. Loaning User's account to others, connecting a system
used by multiple persons, group use of user log-ins, and consuming more
than one modem line are explicitly prohibited. If User has multiple
accounts, then User shall be limited to one log-in session per system
account at any time. Violation of those terms shall constitute theft of
Service and may be prosecuted under civil and criminal law.
Purchases on the Service
If User wishes to make purchases on the Service, User may be asked by
the merchant or information or service provider from whom User is making
the purchase to supply certain information, including credit card or
other payment mechanism information. User agrees that all information
User may provide any merchant or information or service provider on the
Service for purposes of making purchases shall be accurate, complete and
current. The merchants and information and service providers offering
merchandise, information and services on the Service set their own
prices and may change prices or institute new prices at any time. User
agrees to pay all charges incurred by users of User's account and credit
card or other payment mechanism at the prices in effect when such
charges are incurred. User shall also be responsible for paying any
applicable taxes relating to purchases on the Service.
No System Backup
Certified Computer Service does not and will not perform system backups on any
User's E-mail account(s). Certified Computer Service shall not be held responsible
for any lost E-mail data, email attachments, or any E-mail message
contents, regardless of the reasoning for data loss or system causes.
Except as otherwise set forth herein, Certified Computer Service will not provide
historical data, to any party for any reason, regarding any system or
Internet activity. Certified Computer Service does not and will not perform system
backups on any User's personal web site account(s). Certified
Computer Service shall
not be held responsible for any lost web data, web files, or any web
site contents, regardless of the reasoning for data loss or system
causes. Except as otherwise set forth herein, Certified Computer Service will not
provide historical data, to any party for any reason, regarding any
system or Internet activity.
Failure to Comply With Terms and Conditions
Certified Computer Service may deny User access to all or part of the Service
without notice if User engages in any conduct or activities that
Certified Computer Service in its sole discretion believes violates any of the terms and
conditions in this Agreement. If Certified Computer Service denies User access to
the Service because of such a violation, User shall have not right (1)
to access through Certified Computer Service any materials stored on the Internet,
(2) to obtain any credit(s) otherwise due to User, and such credit(s)
shall be forfeited, (3) to access third party services, merchandise or
information on the Internet through Certified Computer Service, and
Certified Computer Service
shall have no responsibility to notify any third-party providers of
services, merchandise or information nor any responsibility for any
consequences resulting from lack of notification.
Miscellaneous
User agrees to remain signed into the network only when actually making
use of same, and to disconnect when idle for significant periods of time
(more than 10 minutes). User also agrees to not remain connected to
Certified Computer Service's system for periods exceeding (8) eight hours, in any
single continuous session. User authorizes Certified Computer Service to enforce
these restrictions by appropriate software and network measures,
automated and manual. User agrees to notify Certified Computer
Service if User moves
or otherwise changes his or her mailing address or phone number, and to
list a truthful name, postal address and telephone number on the forms
User supplies to Certified Computer Service.
In the event that any portion of this Agreement is held to be
unenforceable, the unenforceable portion shall be construed in
accordance with applicable law as nearly as possible to reflect the
original intentions of the parties and the remainder of the provisions
shall remain in full force and effect. Certified Computer
Service'S failure to insist
upon or enforce strict performance of any provisions of this Agreement
shall not be construed as a waiver of any provision or right. neither
the course of conduct between parties nor trade practice shall act to
modify any provision of this Agreement. Certified Computer Service may modify this
Agreement from time to time by placing a notice of such modification on
our website, and User's continued use of the Service following notice of
such modification shall be deemed to be User's acceptance of any such
modification. It is User's responsibility to check this online area
regularly to determine whether this Agreement has been modified. If User
does not agree to any modification of this Agreement, User must
immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the
laws of the State of Alabama without regard to its conflicts of law
provisions. Any cause of action User may have with respect to the
Service must be commenced within one (1) year after the claim or cause
of action arises or such claim or cause of action is barred.
Certified Computer Service shall not be liable or deemed to be in
default for any delay or failure in performance under this Agreement or
interruption of service resulting directly or indirectly from acts of
God, civil or military authority, acts of public enemy, war, riots,
civil disturbances, insurrections, accidents, dire, explosions,
earthquakes, floods, the elements, strikes, labor disputes, shortages of
suitable parts, materials, labor or transportation or any cause beyond
the reasonable control of Certified Computer Service. Venue for
litigation of any dispute, controversy, or claim arising out of, in
connection with, or in relation to this Agreement, or the breach
thereof, naming Certified Computer Service as the defendant, shall be
proper only in a venue determined by Certified Computer Service.
In any action between Certified Computer Service and User to enforce any of
the terms of this Agreement, Certified Computer Service shall be entitled to recover
expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and
Certified Computer Service with respect to the Service. |
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