Hostfor2bucks.com reserves the right to suspend the customer's
account and services without notice should there be any problems with the customers
method of payment. This includes expired credit cards, declined credit cards,
inactive credit cards, and invalid checks.
Hostfor2bucks.com may filter and block certain ports without notice at any time
to protect the network from Denial of Service (DDoS), SYNC, and Ping flood attacks
provided that customer's service will not be intrupted or disabled.
- Prohibited Uses:
A. Utilize the Services in connection with mass unsolicited e-mail. Without
limiting the general application of this rule, Users may not:
(1) Utilize the Services to send mass unsolicited e-mail to third parties.
(2) Utilize the Services to publish content publicized through mass unsolicited
e-mail to third parties.
(3) Utilize the Services to build "Internet Presence" that receives network
traffic through mass unsolicited e-mail to third parties.
(4) Utilize the Services to list/offer/sell products and/or services publicized
through mass unsolicited e-mail to third parties.
B. Utilize the Services in connection with any illegal activity. Without limiting
the general application of this rule, Users may not:
(1) Utilize the Services to copy material from third parties (including text,
graphics, music, videos or other copyrightable material) without proper authorization.
(2) Utilize the Services to misappropriate or infringe the patents, copyrights,
trademarks or other intellectual property rights of any third party.
(3) Utilize the Services to traffic in illegal drugs, illegal gambling, obscene
materials or other any products or services that are prohibited under applicable
law.
(4) Utilize the Services in any manner that violates applicable law.
C. Utilize the Services in connection with any tortuous or actionable activity.
Without limiting the general application of this rule, Users may not:
(1) 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.
(2) 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.
D. Utilize the Services in connection with any other disruptive or abusive activity.
Without limiting the general application of this rule, Users may not:
(1) Utilize the Services to cause denial of service attacks against Hostfor2bucks.com
or other network hosts or Internet users or to otherwise degrade or impair the
operation of Hostfor2bucks.com servers and facilities or the servers and facilities
of other network hosts or Internet users.
(2) Utilize the Services to subvert, or assist others in subverting, the security
or integrity of any Hostfor2bucks.com systems, facilities or equipment.
(3) Utilize the Services to gain unauthorized access to the computer networks
of Hostfor2bucks.com or any other person.
(4) 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.
(5) 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 remailer or Internet nicknames).
(6) 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.
(7) Utilize the Services to conduct port scans or other invasive procedures
against any server.
(8) 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.
(9) 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.
(10) Utilize the Services in any other manner to interrupt or interfere with
the Internet usage of other persons.
E. Utilize the services to conduct IP telephony activities and/or providing
chat room(s) services
F. Utilize the services with any related pornographic activities including utilizing
disk space for any pornographic material and posting links to pornographic sites.
- Violations:
Hostfor2bucks.com expressly disclaims any obligation to monitor its Customers
and other Users with respect to violations of this Policy. Hostfor2bucks.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.
A. Reporting Non-Copyright Violations. Hostfor2bucks.com encourages Users to
report violations of this policy by e-mail to: abuse@Hostfor2bucks.com, including
in any such report the name of the offending domain and the type of abuse (i.e.
Spam, illegal acts, harassment, etc.) in the "subject" field of the
e-mail.
B. Hostfor2bucks.com reserves the right to cooperate with appropriate legal
authorities in investigations of claims of illegal activity involving Hostfor2bucks.com
Services, Customers and other Users. Hostfor2bucks.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.
C. If Hostfor2bucks.com learns of a violation of this Policy, Hostfor2bucks.com
will respond to the customer and may, in Hostfor2bucks.com sole discretion,
take any of the following actions, in accordance with the severity and duration
of the violation:
(1) Warning the Customer.
(2) Suspending the offending Customer from the Services.
(3) Terminating the offending Customer from the Services.
(4) Removing the offending content.
(5) Taking other action in accordance with this Policy, the applicable service
contract or applicable law.
- Material and Products:
Hostfor2bucks.com will exercise no control whatsoever over the content of the
information passing through the network or on the customer's web sites. Hostfor2bucks.com
makes no warranties or guarantees of any kind, whether expressed or implied
for the service it is providing. Hostfor2bucks.com also disclaims any warranty
of merchantability or fitness for particular purpose and will not be responsible
for any damages that may be suffered by the customer, including loss of data
resulting from delays, non-deliveries or service interruptions or gaps by any
cause or errors or omissions of the customer. Hostfor2bucks.com is not responsible
for any loss, erasure, or corruption of customer's data or files whatsoever.
Use of any information obtained by way of Hostfor2bucks.com is at the customer's
own risk, and the company specifically denies any responsibility for the accuracy
or quality of information obtained through its services. Network connectivity
represents the speed of connection to our network and does not represent guarantees
of available end to end bandwidth. Hostfor2bucks.com expressly denies any responsibility
to the customer for any non-accessibility time or other down time during the
system unavailability and specifically denies any responsibilities for any damages
arising from a consequence of such unavailability. In the event that this material
is not "server-ready", Hostfor2bucks.com may, at its option and at
any time, reject this material, including but not limited to after it has been
put on our servers. Hostfor2bucks.com agrees to notify customer immediately
of our refusal of the material and afford customer the opportunity to amend
or modify the material to satisfy the needs and/or requirements of the company.
If the customer fails to modify the material, as directed by Hostfor2bucks.com,
within a reasonable period of time, which shall be determined between the parties
themselves, the Agreement shall be terminated.
- Warranties & Representations:
Customer warrants, represents, and covenants to Hostfor2bucks.com that (a) you
are at least nineteen (19) years of age; (b) you possess the legal right and
ability to enter into this Agreement; (c) you will use the Services only for
lawful purposes and in accordance with this Agreement and all applicable policies
and guidelines; (d) you will be financially responsible for the use of your
account; (e) you have acquired or will acquire all authorizations necessary
for hypertext links to third-party Web sites or other content; (f) you have
verified or will verify the accuracy of materials distributed or made available
for distribution via the Services, including, without limitation, your content,
descriptive claims, warranties, guarantees, nature of business, and address
where business is conducted, and (g) your content does not and will not infringe
or violate any right of any third party (including any intellectual property
rights) or violate any applicable law, regulation or ordinance.
- Trademarks & Copyrights:
Customer warrants that it has the right to use the applicable trademarks, if
any.
- Termination:
This Agreement may be terminated by Hostfor2bucks.com, without cause or notice,
at any time, and customer's content may be removed without warning. Hostfor2bucks.com,
its officers, agents and employees shall not be liable for any direct, indirect,
incidental, special or consequential damages that result from the termination
of the service.
- Limited Liability:
Customer expressly agrees that use of Hostfor2bucks.com Servers is at customer's
sole risk. Neither the company, its employees, agents, resellers, third party
information providers, merchants licensers or the like, warrant that Hostfor2bucks.com
service will not be interrupted or be error free; nor do they make any warranty
as to the results that might be obtained from the use of the Server service
or as to the accuracy, or reliability of any information service or merchandise
contained in or provided through our network, unless otherwise expressly stated
in this Agreement. Customer also acknowledge and accept that any damages will
be limited to no more than 100% of one billing period less setup fees and domain
name registration charges.
Under no circumstances, including negligence, shall Hostfor2bucks.com, its officers,
agents or any one else be liable for any direct, indirect, incidental, special
or consequential damages that result from the use of or inability to use our
service; or that results from mistakes, omissions, interruptions, deletion of
files, errors, defects, delays in operation, or transmission or any failure
of performance, whether or not limited to acts of God, communication failure,
theft, destruction or unauthorized access to Hostfor2bucks.com records, programs
or services. Customer hereby acknowledges that this paragraph shall apply to
all contents on all servers.
Customer agrees that it shall defend, indemnify, save and hold Hostfor2bucks.com
harmless from any demands, liabilities, losses, costs and claims, including
reasonable attorneys fees, ("Liabilities") asserted against the company,
its agents, its customers, servants officers and employees, that may arise or
result from any service provided or performed or agreed to be performed or any
product sold by the customer, its agents, employees or assigns. Customer agrees
to defend, indemnify and hold harmless Hostfor2bucks.com against Liabilities
arising out of (i) any injury to person or property caused by any products sold
or otherwise distributed in connection with our servers; (ii) any material supplied
by the customer infringing or allegedly infringing on the proprietary rights
of a third party; (iii) copyright infringement and (iv) any defective product
which customer sold on Hostfor2bucks.com Servers.
- Disputes:
If any provision of this agreement is held to be invalid by a court of competent
jurisdiction, then the remaining provisions shall nevertheless remain in full
force and effect. Hostfor2bucks.com and Customer agree to renegotiate in good
faith any term held invalid and to be bound by mutually agreed substitute provision.
The parties shall try to resolve all disputes that might arise out of this agreement
in a spirit of cooperation without formal procedures. Any dispute which cannot
be so resolved (other than the collection of money due on unpaid invoices) shall
be subject to arbitration upon written demand of either party. Arbitration shall
take place in Gwinnett County, Georgia. The arbitration will take place before
an arbitration panel chosen or agreed upon by all parties.
Should any legal action permissible under this agreement be taken to enforce
the conditions and terms of this agreement, in particular the right to collect
money due on unpaid invoices, the prevailing party shall be entitled to recover
reasonable legal fees and expenses incurred at the trial and appellate levels.
- Confidentiality:
Customer acknowledges that by reason of their relationship, both customer and
Hostfor2bucks.com may have access to certain products, information and materials
relating to the other party's business, which may include business plans, customers,
software technology, and marketing plans that are confidential and of substantial
value to either party, respectively, and which value would be impaired if such
information were disclosed to third parties. Consequently, both Hostfor2bucks.com
and customer agree that it will not use in any way for its own account or for
the account of any third party, nor disclose to any third party, any such information
revealed to it by either party, as the case may be. Customer and Hostfor2bucks.com
further agree that it will take every appropriate precaution to protect the
confidentiality of such information. In the event of termination of this agreement,
there shall be no use or disclosure by either party of any such confidential
information in its possession, and all confidential documents shall be returned
to the rightful owner, or destroyed. The provisions of this section shall survive
the termination of the agreement for any reason. Upon any breach or threatened
breach of this section, either party shall be entitled to injunctive relief,
which relief will not be contested by the customer or Hostfor2bucks.com.