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.
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.
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.
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.
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.