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All accounts and
customers of WarriorHelp Hosting Web Hosting are bound by the Terms of
Service.
1) Any accounts overdue in excess of 30 days are subject to
termination of services without notice.
2) WarriorHelp Hosting takes no responsibility for any files placed in
a users web space. All customers are advised to keep back-ups of all
files and data off-server in case of unforeseen circumstances.
3) WarriorHelp Hosting
will utilize its best efforts to maintain acceptable performance of
services, but makes absolutely no warranties whatsoever, express or
implied, including warranty of merchantability or fitness for a
particular purpose. WarriorHelp Hosting cannot guarantee continuous
service, service at any particular time, or integrity of data stored
or transmitted via its system or via the Internet. WarriorHelp Hosting
will not be liable for the inadvertent disclosure of, or corruption
or erasure of, date transmitted or received or stored on its system.
WarriorHelp Hosting shall not be liable to Customer or any of its
customers for any claims or damages which may be suffered by
Customer or its customers, including, but not limited to, losses or
damages of any and every nature, resulting from the loss of data, 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 WarriorHelp
Hosting.
4) Customer agrees that
it shall defend, indemnify, save and hold harmless from any and all
demands, liabilities, losses, costs, claims, including reasonable
attorney's fees, ("Liabilities") against WarriorHelp Hosting, its
agents, its customers, servants, officers, employees, that may arise
or result from any services provided, performed or agreed to be
performed or any product sold by Customer, its agents, employees or
assigns. Customer agrees to defend, indemnify and hold harmless
WarriorHelp Hosting against Liabilities arising out of any injury to
person or property caused by any products sold or distributed in
connection with WarriorHelp Hosting's server; and material supplied by
Customer infringing or allegedly infringing on the proprietary
rights of a third party; copyright infringement and any defective
product which Customer sold on WarriorHelp Hosting's Server. As a
result of this, Customer agrees that WarriorHelp Hosting shall not be
liable to Customer for any claims of actual, compensatory and/or
consequential damages which may be suffered by Customer, including,
but not limited to, losses or damages due to the loss data resulting
from delays, non deliveries, or service interruptions caused by the
fault or negligence of WarriorHelp Hosting. Notwithstanding the above
mentioned, Customer's exclusive remedies, damages, losses and causes
of actions shall not exceed the aggregate dollar amount which
Customer paid during the term of this Agreement.
5) The Customer may
only use WarriorHelp Hosting's services for lawful purposes. In the
event that at any given time, WarriorHelp Hosting believes that the
service is being used by the Customer in contravention with any of
the terms and provisions contained in this Agreement, WarriorHelp
Hosting has the right to immediately discontinue such service to
Customer without liability. The following are restrictive uses and
shall be cause for the immediate termination of web services and
this Agreement without notice to the Customer:
a. Unauthorized
distribution or copying copyrighted software, violation of any and
all countries export restrictions, embarrassment, fraud, trafficking
in obscene material, drug dealing, and other illegal activities;
b. Using a non-existing
email return address on a commercial solicitation, spamming (sending
unsolicited advertising to numerous email addresses or newsgroups
and/or generating a significantly higher volume of outgoing email
than a normal user), trolling (posting outrageous messages to
generate numerous responses, mail-bombing (sending multiple messages
without significant new content to the same user), subscribing
someone else to a mailing list without that person's permission,
cross-posting articles to an excessive number of newsgroups, or
attempting without authorization to enter into a secured computer
system. WarriorHelp Hosting reserves the right to determine what is Net
abuse; DO NOT SEND UNSOLICITED COMMERCIAL EMAIL, BULK EMAIL, EMAIL
WITH FORGED HEADERS, OR POST IN VIOLATION OF USENET POLICIES. YOUR
ACCOUNT WILL BE IMMEDIATELY TERMINATED AND YOU WILL BE RESPONSIBLE
FOR ALL THE COSTS OF THE NETWORK DISRUPTION YOU CREATED. You will be
charged $3.00 for EACH individual email which contravenes the above
policy.
c. Tortuous conduct
such as posting of defamatory, libelous, scandalous, or private
information about a person without their consent, intentionally
inflicting emotional distress, or violating trademarks, copyright,
or other intellectual property rights;
d. The Customer
expressly understands and agrees that illegal Adult oriented
Websites featuring nudity and acts of a sexual nature are expressly
prohibited. WarriorHelp Hosting reserves the right to immediately
terminate and remove any such unauthorized Websites without notice
and discontinue service to Customer without notice or liability for
actual, compensatory or consequential damages to Customer for the
interruption in service.
e. MUDDS, List-servers,
IRC, chat applications, or any other Internet application that are
not Website specific, are specifically prohibited.
f. WarriorHelp Hosting reserves the right to suspend or discontinue
hosting any site which make excessive use of shared resources, or
which provides a security risk of any kind.
6) No Account will be
used for the supply of free services - i.e. customers and users must
not give away free web space/pages, email accounts, DNS services,
etc. or install software designed for such purposes. Use of third
party offerings such as everyone.net is permitted.
7) While we do attempt to filter incoming email viruses, it is
inevitable that some will be delivered. Our virus filtering is not a
substitute for properly securing your own computer against outside
attacks. WarriorHelp Hosting assumes no responsibility for any computer
virus you may receive, or subsequently become infected with, via
your email account. |
