*
Acceptable Use
ChazHost.com's services may only be used for lawful purposes.
Transmission of any material in violation of International,
Federal or State regulation is prohibited. This includes but is
not limited to: material legally judged to be threatening or
obscene, or material protected by trade secret laws.
If you are found in violation of the ChazHost.com Hosting
Acceptable Use Policy and Terms of Use. Your account will be
terminated without notice and you will forfeit all of the money
that has been paid to ChazHost.com.
Examples
of content that is not acceptable on ChazHost.com Servers:
"Pirated software" or "Warez", "Hacker programs and/or
archives", "IRC Bots", "Gambling Related","Copyrighted Mp3's",
cgi-based message boards.
You
specifically agree to indemnify and hold ChazHost.com harmless
from any claims resulting from a breach of these terms, and/or
their use of the service, which damages another.
Warez -
Includes pirated software, ROMS, emulators, phreaking, hacking,
password cracking. IP spoofing, etc., and encrypting of any of
the above. Also includes any sites which provide "links to" or
"how to" information about such material.
* WE DO NOT HOST ADULT SITES
Adult Content or links to Adult Content are not permitted on
ChazHost.com servers.
* Spam
SPAM in any shape or form is NOT permitted and is grounds for
immediate account termination. Mailing lists via a mailing list
manager are acceptable as long as the list are OPT-IN list that
people have signed up for. Spam complaints from other users will
not be tolerated.
* IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on our
servers in any of its many forms including, but not limited to:
bots and IRC servers. Chat rooms may be allowed on per use
basis, so please ask one of our support staff before setting one
up. (Some cgi/perl based chat rooms over utilize the server
processor.)
* Web Site Hosting And Email
We make no representation and give no warranty as to the
accuracy or quality of information received by any person via
the Server and we shall have no liability for any loss or damage
to any data stored on the Server.
You shall
effect and maintain adequate insurance coverage in respect of
any loss or damage to data stored on the Server.
You
represent, undertake and warrant to us that you will use the Web
Site allocated to you only for lawful purposes. In particular,
you represent, warrant and undertake to us that you will not use
the Server in any manner which infringes any law or regulation
or which infringes the rights of any third party, nor will you
authorize or permit any other person to do so.
You shall
not post, link to or transmit: (a) Any material, which is
unlawful, threatening, abusive, malicious, defamatory, obscene,
pornographic, blasphemous, profane or otherwise objectionable in
any way. (b) Any material containing a virus or other hostile
computer program. (c) Any material which constitutes, or
encourages the commission of, a criminal offence or which
infringes any patent, trade mark, design right, copyright or any
other intellectual property right or similar rights of any
person which may subsist under the laws of any jurisdiction.
You shall
keep secure any identification, password and other confidential
information relating to your account and shall notify us
immediately of any known or suspected unauthorized use of your
account or breach of security, including loss, theft or
unauthorized disclosure of your password or other security
information.
You shall
observe the procedures, which we may from time to time prescribe
and shall make no use of the Server, which is detrimental to our
other customers.
You shall
procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and a secure
manner.
In the
case of an individual User, you warrant that you are at least 18
years of age and if the User is a company, you warrant that the
Services will not be used by anyone under the age of 18 years.
Any access
to other networks connected to ChazHost.com must comply with the
rules appropriate for those other networks.
While we
will use every reasonable endeavor to ensure the integrity and
security of the Server, we do not guarantee that the Server will
be free from unauthorized users or hackers and we shall be under
no liability for non-receipt or misrouting of email or for any
other failure of email.
* Intellectual Property Rights
you shall obtain any and all necessary consents and clearances
to enable you lawfully to make use of all and any intellectual
property rights through the Services, including without
limitation, clearance and/or consents in respect of your
proposed domain name.
* Service Availability
We shall use our reasonable endeavors to make available to you
at all times the Server and the Services but we shall not, in
any event, be liable for interruptions of Service or down-time
of the Server.
We shall
have the right to suspend the Services at any time and for any
reason without notice, but if such suspension lasts or is to
last for more than 30 days you will be notified of the reason.
The
Services provided to you hereunder and your account with us
cannot be transferred or used by anyone other than you. No more
than one login session under any one account may be used at any
time by you. There will be no sharing of Reseller Accounts. User
programs may be run only during login sessions. If your account
is found to have been transferred to another party, or shows
other activity in breach of this sub clause, we shall have the
right to cancel the account and terminate the Services and/or
this Agreement immediately.
*
Termination
Without in any way limiting our (ChazHost.com) rights.
If a site violates these terms in any way, shape, or form, the
site will be deleted from our network. If 2 violations occur
within a 90 day period the site will be blocked from our
network. Our warning schedule is below.
First Warning: When you (or your clients) upload illegal content
you (or your clients) are knowingly violating the terms of
service. Therefore there is no need for a first warning. When
you upload illegal files which violate these terms you know what
you are doing is against our policies.
Second
Warning: There is no second warning, the domain is deleted. You
may recreate the domain, however if illegal content is found on
this domain again the domain will be blocked from our servers.
Questionable Situations: If we find content that is questionable
and may or may not violate the terms of service we will contact
you. An example of a situation like this is a band hosting their
own music on our servers. However, you can avoid this step if
you notify us. If you are a band or if you are planning to
upload a large amount of files that are questionable please
notify us before you upload so we are aware of the situation.
This will keep everyone happy.
If you
fail to pay any sums due to us as they fall due, we may suspend
the Services and/or terminate this Agreement forthwith without
notice to you.
If you
break any of these terms and conditions, we may terminate this
Agreement forthwith upon written notice.
If you are
a company and you go into insolvent liquidation or suffer the
appointment of an administrator or administrative receiver or
enter into a voluntary arrangement with your creditors, we shall
be entitled to terminate this Agreement forthwith without notice
to you.
On
termination of this Agreement or suspension of the Services we
shall be entitled immediately to block your Web Site and to
remove all data located on it. We shall be entitled to delete
all such data but we may, at our discretion, hold such data for
such period as we may decide to allow you to collect it at your
expense, subject to payment in full of any amounts withstanding
and payable to us. We shall further be entitled to post such
notice in respect of the non-availability of your Web Site as we
think fit.
Accounts may be cancelled by the user with a 7 day notice.
ChazHost.com reserves the right to cancel any account with or
without notice..
* Legal
ChazHost.com expects that its subscribers who provide Internet
services to others will comply fully with all applicable laws
concerning the privacy of on-line communications. A subscriber's
failure to comply with those laws will violate ChazHost.com
policy. Finally, ChazHost.com wishes to emphasize that in
signing the service agreement, subscribers indemnify
ChazHost.com for any violation of the service agreement, law, or
ChazHost.com policy, that results in loss to ChazHost.com or the
bringing of any claim against ChazHost.com by any third-party.
This means that if ChazHost.com is sued because of a
subscriber's or customer of a subscriber's activity, the
subscriber will pay any damages awarded against ChazHost.com ,
plus costs and reasonable attorneys' fees.
* Limitation Of Liability
All conditions, terms, representations and warranties relating
to the Services supplied under this Agreement, whether imposed
by statute or operation of law or otherwise, that are not
expressly stated in these terms and conditions including,
without limitation, the implied warranty of satisfactory quality
and fitness for a particular purpose are hereby excluded.
Our total aggregate liability to you for any claim in contract,
tort, negligence or otherwise arising out of or in connection
with the provision of the Services shall be limited to the
charges paid by you in respect of the Services, which are the
subject of any such claim.
In any
event no claim shall be brought unless you have notified us of
the claim within 6 months of it arising.
In no
event shall we ever be liable to you for any loss of business,
contracts, profits or anticipated savings or for any other
indirect or consequential or economic loss whatsoever.
*
Notices
Any notice to be given by either party to the other may be sent
by either email, fax or recorded delivery to the address of the
other party as appearing in this Agreement or ancillary
application forms or such other address as such party may from
time to time have communicated to the other in writing, and if
sent by email shall unless the contrary is proved be deemed to
be received on the day it was sent or if sent by fax shall be
deemed to be served on receipt of an error free transmission
report, or if sent by recorded delivery shall be deemed to be
served two days following the date of posting.
* Payment
All payments must be in US Dollars. If your check is returned by
the bank as unpaid for any reason, you will be liable for a
"returned check" charge of $30.00.
All charges payable by you for the Services shall be in
accordance with the scale of charges and rates published from
time to time by us on our web site and shall be due and payable
in advance of our service provision.
Without
prejudice to our other rights and remedies under this Agreement,
if any sum payable is not paid on or before the due date, we
shall be entitled forthwith to suspend the provision of Services
to you.
Your
Billing is based on the date that you signed up with us. (ex. If
you joined us on June 25th, 2000 Your Credit Card will be charge
on the 25th of every month)
*
Headings
Headings are included in this Agreement for convenience only and
shall not affect the construction or interpretation of this
Agreement.
* Entire Agreement
These terms and conditions together with any documents expressly
referred to in them, contain the entire Agreement between us
relating to the subject matter covered and supersede any
previous Agreements, arrangements, undertakings or proposals,
written or oral: between us in relation to such matters. No oral
explanation or oral information given by any party shall alter
the interpretation of these terms and conditions. In agreeing to
these terms and conditions, you have not relied on any
representation other than those expressly stated in these terms
and conditions and you agree that you shall have no remedy in
respect of any misrepresentation, which has not been made
expressly in this Agreement. Misuse Of Resources Including but
not limited to employing applications which consume excessive
CPU time. Chat/IRC, web proxy and mailing list scripts are not
allowed on our network under any circumstances. Streaming media
can be a drain on web server resources and as such is not
allowed. CGI based message forums which use flat file databases
are often found to use excessive system resources, to avoid
disappointment please use a PHP/ASP message forum.
If you are unsure about content you intend to place on our
network, please check with us before you do. We reserve the
right to determine what constitutes acceptable use. We may amend
these terms of service with or without notice.
We do reserve the right to edit the
terms of service at any time with or without notice.
If you
have any questions please e-mail us at
Support@chazhost.com.
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