TERMS OF SERVICE AND PRIVACY STATEMENT
This Web Site Hosting Agreement
('Agreement') is by and between Web Hosting Java, and you, your
heirs, assigns, agents and contractors ('You') and is effective upon
electronic execution. This Agreement sets forth the terms and
conditions of Your use of Web Hosting Java Web Site Hosting ('Web
Hosting') services and represents the entire agreement between You
and Web Hosting Java. By using Web Hosting Java's Web Hosting
services, You acknowledge that You have read, understand and agree
to be bound by all the terms and conditions of this Agreement, along
with any new, different or additional terms, conditions or policies
which Web Hosting Java may establish from time to time. By entering
into this agreement, in addition to transactions entered into by you
on your behalf, you also agree to be bound by the terms of this
agreement for transactions entered into on your behalf by anyone
acting as your Agent. You also agree to be bound by the terms of
this agreement for transactions entered into by anyone who uses the
account you've established with Web Hosting Java, whether or not the
transactions were in your behalf.
As consideration for the services
purchased by You and provided to You by Web Hosting Java, You agree
to pay Web Hosting Java monthly or yearly fees. Payment is to be
made by You providing a valid credit card for charge by Web Hosting
Java, and is NON-refundable after 30 days money-back guarantee
period. All setup and domain name registration fees are
NON-refundable. If for any reason Web Hosting Java is unable to
charge your credit card with the full amount of the service
provided, or if Web Hosting Java is charged back for any fee it
previously charged to the credit card You provided, You agree that
Web Hosting Java may pursue all available remedies in order to
obtain payment The term of this agreement shall continue in full force and effect as long as Web Hosting Java is providing Web Hosting services to You. You agree that Web Hosting Java may
modify this Agreement from time to time. Web Hosting Java may also
discontinue services it provides under this Agreement. You agree to
be bound by any changes Web Hosting Java may reasonably make to this
Agreement when such changes become effective. Web Hosting Java currently provides
Web Hosting services to its customers for a monthly or yearly fee.
Web Hosting Java will host Your web site on Web Hosting Java's Web
Hosting servers, provided, however, You abide by the terms and
conditions set forth herein and in each of Web Hosting Java's
policies and procedures.
You agree that You have provided
accurate, current and complete information in the application
process and that You will notify Web Hosting Java within five (5)
business days when any of the information You provided as part of
the application and/or registration process changes. Failure by You,
for whatever reason, to respond within five (5) business days to any
inquiries made by Web Hosting Java to determine the validity of
information provided by You, will constitute a material breach of
this Agreement. Web Hosting Java explicitly reserves
the right and sole discretion to: PROHIBITED USES: 2. Utilize the Services in
connection with any illegal activity. Without limiting the general
application of this rule, Users may not: Utilize the Services to cause denial of service attacks against Web Hosting Java or other network hosts or Internet users or to otherwise degrade or impair the operation of Web Hosting Java's servers and facilities or the servers and facilities of other network hosts or Internet users; Post messages or software programs that consume excessive CPU time or storage space; Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the User’s own account; Utilize the Services to resell access to CGI scripts installed on Web Hosting Java’s servers; Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Web Hosting Java systems, facilities or equipment; Utilize the Services to gain unauthorized access to the computer networks of Web Hosting Java or any other person; 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; 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 remailers or Internet nicknames); 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; 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); 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; 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; Utilize the Services in any manner that might subject Web Hosting Java to unfavorable regulatory action, subject Web Hosting Java to any liability for any reason, or adversely affect Web Hosting Java’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 Web Hosting Java in its sole discretion; or Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons. You agree to indemnify and hold harmless Web Hosting Java for any complications arising out of Your use of Web Hosting Java's Web Hosting services, including actions Web Hosting Java chooses to take to remedy Your improper or illegal use of a web site hosted by Web Hosting Java. You agree You will NOT be entitled to a refund of any fees paid to Web Hosting Java if, for any reason, Web Hosting Java takes corrective action with respect to Your improper or illegal use of its Web Hosting services
You agree that Web Hosting Java's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by Web Hosting Java to You under this Agreement, and for any breach of this Agreement by Web Hosting Java, shall be limited to the fees You paid to Web Hosting Java for Web Hosting services 7. INDEMNITY You agree to release, defend, indemnify and hold harmless Web Hosting Java and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with Web Hosting Java and/or Your use of the Web Hosting services provided by Web Hosting Java. 8. DISCLAIMER OF WARRANTIES. Web Hosting Java EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect 10. NOTICES You agree that all notices (except for notices concerning breach of this Agreement) from Web Hosting Java to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address you have on file with Web Hosting Java. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to Web Hosting Java shall be made either by email, sent to the address we provide on our web site, or first class mail to our address 11. PRIVACY STATEMENT Privacy is a very serious matter for
Web Hosting Java. It is true that in order to process your request,
we must know basic contact information such as your full name,
address, e-mail address, and method of payment. All required
information is kept internally and is never shared with third
parties. We will never give, lease, sell or otherwise disclose your
personal information. The emails you supply will never be given to a
third party and you will not receive unsolicited emails as a result
of selling the email lists. |