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TERMS AND CONDITIONS
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General Information
As a provider of website hosting and registration,
hostingandserver.com. ("www.hostingandserver.com")
offers its customers, the means to acquire and
disseminate a wealth of public, private, commercial
and non-commercial information. www.hostingandserver.com
respects that the Internet provides a forum for
free and open discussion of information. However,
when there are competing interests at issue, www.hostingandserver.com
reserves the right to take certain preventative
or corrective actions as they comply with all
regulated legalities. In order to protect these
competing interests, www.hostingandserver.com
has developed this User Policy, which explains
certain terms of each customer's respective service
agreement and is intended as a guide to the customer's
rights and obligations when utilizing www.hostingandserver.com's
services. This will be revised from time to time.
A customer's use of www.hostingandserver.com's
services after changes to the policy are posted
on web site, HTTP://www.hostingandserver.com,
will constitute the customer's acceptance of any
new or additional terms of the policy that result
from those changes. One important aspect of the
Internet is that no one party owns or controls
it. This fact accounts for much of the Internet's
openness and value, but it also places a high
premium on the judgment and responsibility of
those who use the Internet, both in the information
they acquire and in the information they disseminate
to others. When subscribers obtain information
through the Internet, they must keep in mind that
www.hostingandserver.com cannot monitor, verify,
warrant or vouch for the accuracy and quality
of the information that users may acquire. For
this reason, the user must exercise his or her
best judgment in relying on information obtained
from the Internet and also should be aware that
some material posted to the Internet is sexually
explicit or otherwise offensive. Because www.hostingandserver.com
cannot monitor or censor the Internet and will
not attempt to do so. www.hostingandserver.com
cannot accept any responsibility for injury to
its users, customers or subscribers that results
from inaccurate, unsuitable, offensive or illegal
Internet communications. When customers disseminate
information through the Internet, they also must
keep in mind that www.hostingandserver.com does
not review, edit, censor or take any responsibility
for any information of its users, customers or
subscribers may create. When users place information
on the Internet, they have the same liability
as other authors for copyright infringement, defamation
and other harmful speech. Also, because the information
they create is carried over www.hostingandserver.com's
network and may reach a large number of people,
including but not limited to customers, subscribers
and non-subscribers of www.hostingandserver.com,
customers' and subscribers' postings to the Internet
may affect other customers and subscribers and
may harm www.hostingandserver.com's goodwill,
business reputation and operations. For these
reasons, customers and subscribers violate www.hostingandserver.com
policy and the service agreement when they, their
customers, affiliates, or subsidiaries engage
in activities described herein.
- Purpose
The purpose of this policy is to enhance the
quality of the Services and to protect www.hostingandserver.com's
customers, and the Internet community as a whole,
from illegal, irresponsible or disruptive Internet
activities. This applies to each Customer and its
employees, agents, contractors or other users of
such Customer who obtain Services from www.hostingandserver.com
Each User should use common sense and good judgment
in connection with the Services. Parents or guardians
should always supervise minors in using the Internet.
Parents and guardians should remain aware at all
times of what is on the Internet and how the minors
under their care are using the Services and the
Internet.
- Customers and Users may not
A. Utilize the Services to send unsolicited bulk
and/or commercial messages over the Internet (known
as "spamming"). It is not only harmful because of
its negative impact on consumer attitudes toward
www.hostingandserver.com, but also because it can
overload www.hostingandserver.com's network and
disrupt service to its Customers subscribers. Also,
maintaining an open SMTP relay is prohibited. When
a complaint is received, www.hostingandserver.com
has the absolute discretion to determine from all
of the evidence whether the email recipients were
from an "opt-in" email list.
B. Utilize the Services in connection with any illegal
activity. Without limiting the general application
of this rule, Customers and Users may not:
i. Utilize the Services to copy material from third
parties (including text, graphics, music, videos
or other copyrightable material) without proper
authorization;
ii. Utilize the Services to misappropriate or infringe
the patents, copyrights, trademarks or other intellectual
property rights of any third party;
iii. Utilize the Services to traffic in illegal
drugs, illegal gambling, obscene materials or other
any products or services that are prohibited under
applicable law;
iv. Utilize the Services to export encryption software
to points outside the United States in violation
of applicable export control laws;
v. Utilize the Services to Forge or misrepresent
message headers, whether in whole or in part, to
mask the originator of the message; or
vi. Utilize the Services in any manner that violates
applicable law.
C. Utilize the Services in connection with any tortious
or actionable activity. Without limiting the general
application of this rule, Customers and Users may
not:
i. Utilize the Services to publish or disseminate
information that (A) constitutes slander, libel
or defamation, (B) publicizes the personal information
or likeness of a person without that person's consent
or (C) otherwise violates the privacy rights of
any person. Utilize the Services to threaten persons
with bodily harm, to make harassing or abusive statements
or messages, or to solicit the performance of acts
or services that are illegal under applicable law.
ii. Utilize the Services in connection with any
other disruptive or abusive activity.
- Without limiting the general application
of this rule, Customers and Users may not
a. Utilize the Services to cause denial of service
attacks against www.hostingandserver.com or other
network hosts or Internet users or to otherwise
degrade or impair the operation of www.hostingandserver.com's
servers and facilities or the servers and facilities
of other network hosts or Internet users;
b. Post messages or software programs that consume
excessive CPU time or storage space;
c. Utilize the Services to offer mail services,
mail forwarding capabilities, POP accounts or auto
responders other than for the User's own account;
d. Utilize the Services to resell access to CGI
scripts installed on www.hostingandserver.com's
servers;
e. Utilize the Services to subvert, or assist others
in subverting, the security or integrity of any
www.hostingandserver.com's systems, facilities or
equipment;
f. Utilize the Services to gain unauthorized access
to the computer networks of www.hostingandserver.com
or any other person;
g. Utilize the Services to provide passwords or
access codes to persons not authorized to receive
such materials by the operator of the system requiring
the password or access code;
h. Utilize the Services to (A) forge the signature
or other identifying mark or code of any other person,
(B) impersonate or assume the identity or any other
person, or (C) engage in any other activity (including
"spoofing") to attempt to deceive or mislead other
persons regarding the true identity of the User
(excluding the use of anonymous re-mailers or Internet
nicknames);
i. Utilize the Services to distribute or post any
virus, worm, Trojan horse, or computer code intended
to disrupt services, destroy data, destroy or damage
equipment, or disrupt the operation of the Services;
j. Utilize the Services to conduct port scans or
other invasive procedures against any server (except
any server for which the User is an authorized system
administrator);
k. Utilize the Services to distribute, advertise
or promote software or services that have the primary
purpose of encouraging or facilitating unsolicited
commercial e-mail or Spam;
l. Utilize the Services to solicit or collect, or
distribute, advertise or promote, e-mail address
lists for the purpose of encouraging or facilitating
unsolicited commercial e-mail or Spam;
m. Utilize the Services in any manner that might
subject www.hostingandserver.com to unfavorable
regulatory action, subject www.hostingandserver.com
to any liability for any reason, or adversely affect
www.hostingandserver.com's public image, reputation
or goodwill, including, without limitation, sending
or distributing sexually explicit, hateful, vulgar,
racially, ethnically or otherwise objectionable
materials as determined by www.hostingandserver.com
in its sole discretion; or
n. Utilize the Services in any other manner to interrupt
or interfere with the Internet usage of other persons.
- Domain Name Registration
We make no representation that the domain name you
wish to register is capable of being registered
by or for you or that it will be registered in your
name. You should therefore not assume registration
of your requested domain name(s) until you have
been notified that it has or they have been registered.
Any action taken by you before such notification
is at your risk.
The registration and use of your domain name is
subject to the terms and conditions of use applied
by the relevant naming authority; you shall ensure
that you are aware of those terms and conditions
and that you comply with them. You shall have no
right to bring any claim against us in respect of
refusal to register a domain name. Any administration
charge paid by you to us shall be non-refundable
notwithstanding refusal by the naming authority
to register your desired name. More information
can be found here at icann
We shall have no liability in respect of the use
by you of any domain name; any dispute between you
and any other person must be resolved between the
parties concerned in such dispute. If any such dispute
arises, we shall be entitled, at our discretion
and without giving any reason, to withhold, suspend
or cancel the domain name. We shall also be entitled
to make representations to the relevant naming authority
but will not be obliged to take part in any such
dispute. We shall not release any domain to another
provider unless full payment for that domain has
been received by us.
- Free hosting
In addition to other terms, the free hosting implies
these regulations.
Content linking for download originating from external
servers are not allowed on free hosting. You can
keep files for download on free servers but they
must only be accessed from web pages hosted on the
same account.
File sharing by Ftp is strictly prohibited. Only
html downloads are allowed.
Dead websites will be deleted. Any website that
does not receive any hits over a period of 3 months
will be considered dead.
Free service is regularly monitored to assure commercial
grade service and monitor regulations.
Free hosting is available for all countries with
regional language support on request.
- Violations
a. Disclaimer. www.hostingandserver.com expressly
disclaims any obligation to monitor its Customers
and other Users with respect to violations of this
policy. www.hostingandserver.com has no liability
or responsibility for the actions of any of its
Customers or other Users or any content any User
may post on any Web site.
b. Reporting Non-Copyright Violations. www.hostingandserver.com
encourages Users to report violations of this policy
by e-mail to: ABUSE@hostingandserver.com. , including
in any such report the name of the offending domain
(for example, abc.com) and the type of abuse (for
example, Spam, illegal acts, harassment, etc.) in
the "subject" field of the e-mail.
c. Reporting Copyright Violations. www.hostingandserver.com
encourages Users to report an alleged copyright
infringement involving a user by sending a notice.
d. Remedies. If www.hostingandserver.com learns
of a violation of this policy, www.hostingandserver.com
will respond to the applicable Customer and may,
in www.hostingandserver.com's sole discretion, take
any of the following actions, in accordance with
the severity and duration of the violation:
Warning the Customer;
i. Suspending the offending Customer from the Services;
ii. Terminating the offending Customer from the
Services;
iii. Imposing fees or charges on the offending Customer
account in accordance with the applicable service
contract;
iv. Removing the offending content; and
v. Taking other action in accordance with this policy,
the applicable service contract or applicable law.
- Reservation of Rights
www.hostingandserver.com reserves the right to cooperate
with appropriate legal authorities in investigations
of claims of illegal activity involving www.hostingandserver.com's
Services, Customers and other Users. www.hostingandserver.com
reserves all other rights to respond to violations
of this policy to the extent of applicable law and
in accordance with any applicable contractual obligations.
www.hostingandserver.com may utilize technical means
to monitor communications into, and out of, its
network facilities to prevent the introduction of
viruses or other hostile code, to prevent intrusions
and otherwise to enforce this policy and each Customer
agrees that www.hostingandserver.com is authorized
to monitor its communications through www.hostingandserver.com's
network for such purposes.
Revised: June 2005 (ver 3.7)
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