Hosting Terms of Service
This is something I built some time ago and allow anyone to use. I’m reprinting it here for greater distribution. A free hosting terms of service that’s easily editable to reflect your site. As always, please consult a professional to be sure it meets your local standards. With that, here’s the TOS (the formatted version is included as a comment):
***NOTE***This was written based on my interpretation of U.S. laws and the state I reside. Again, please consult a professional where you live.
YourHostingSite Terms of Service
01) Domain Name Registration
02) Web Site Hosting And Email
03) Service Availability
04) Payment
05) Termination
06) Indemnity
07) Limitation Of Liability
08) Notices
09) Support
10) Law
11) Headings
12) Torturous Conduct
13) Cancellation of Services
14) Entire Agreement
15) Freedom to use these TermsYourHostingSite Terms of Service:
Where the content states: “We” includes YourHostingSite or any party acting on YourHostingSite’s implicit instructions. “You” includes the person purchasing the services or any party acting on the customer’s instructions. “Member” includes the purchaser of services or any party acting on the purchaser’s instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” refers to the relevant domain names Registry. “Server” means the computer server equipment in connection with the provision of the Services. “Web Site” means the area on the Server allocated by us to you for use by you as a site on the Internet. “TOS” includes this agreement. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
TOP1. Domain Name Registration
1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
1.4 We shall not release any domain to another provider unless full payment for that domain has been received by us.
TOP2. Web Site Hosting And Email
2.1 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.
2.2 You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.
2.3 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:
2.3.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third part; nor will you authorize or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by YourHostingSite 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.
2.3.3 you will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.
2.3.4 you will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs.
2.3.5 If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks as set forth in our “plans” section. Such payment to be immediate and non-disputable.
2.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted MP3 content.
2.5 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.
2.6 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.
2.7 Members utilizing free hosting shall exclude themselves from promotions offered and afforded to paying Members.
2.7.1 Members utilizing free hosting shall display a banner as supplied by YourHostingSite.
2.8 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.8.1 Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site’s mail server to relay mail without the express permission of the site.
2.8.2 It is contrary to YourHostingSite policy for Members to use our servers to effect or participate in any of the following activities:
To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list.
To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients.
To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a YourHostingSite provided server, or using a YourHostingSite provided server as a mail drop for responses.
To falsify user information provided to YourHostingSite or to other users of the service in connection with use of a YourHostingSite service.
2.8.2(a) Consequences of Violation:
When YourHostingSite becomes aware of an alleged violation of its Acceptable Use Policy, YourHostingSite will initiate an investigation. During the investigation YourHostingSite may restrict Member’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, YourHostingSite may, at its sole discretion, restrict, suspend, or terminate Member’s account and/or pursue other civil remedies. If such violation is a criminal offense, YourHostingSite will notify the appropriate law enforcement department of such violation.
2.8.2(b) You shall be held liable for any and all costs incurred by YourHostingSite as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. YourHostingSite’s current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received.
2.8.3 YourHostingSite does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
2.9 Any access to other networks connected to YourHostingSite must comply with the rules appropriate for those other networks
2.9.1 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.
TOP3. Service Availability
3.1 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.
3.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
3.3 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 log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in 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.
TOP4. Payment
4.1 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. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
4.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorize YourHostingSite to debit your account renewal fees from your card.
4.3 All payments must be in US Dollars.
4.4 If your check is returned by the bank as unpaid for any reason, you will be liable for a “returned check” charge of $45.
4.5 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.
TOP5. Termination
5.1 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.
5.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.3 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 suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.4 No refunds will be made for Services suspended in accordance with 5.1, 5.2 and 5.3.
5.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will be entitled pro rata refund based upon the remaining period of membership.
5.6 You may cancel the Services at any time.
5.7 During the first 30 days of Services, You are entitled to a refund of fees paid with the exclusion of domain name registration, dedicated server, and data transfer fees should you decide to cancel the Services. You will not be entitled to a refund on this basis if you have previously had an account with YourHostingSite
5.7.1 During the first fourteen days of service you are entitled to a full, no questions asked refund excluding as set forth in 5.7. For the remaining time your refund will be prorated and factored at the full discretion of YourHostingSite.
5.8 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
5.9 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.
TOP6. Indemnity
6.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
TOP7. Limitation Of Liability
7.1 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, subject always to sub clause.
7.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
7.3 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.
7.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
7.5 In no event shall we 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.
7.6 You are responsible for monitoring Bandwidth and Diskspace usage of your site. This is easily done from your Control Panel. If you go over the amount indicated in your current plan; you will assessed a surcharge as set forth in our pricing structure.
TOP8. Notices
8.1 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.
TOP9. Support
9.1 The support feature of our service at present time consists of our Support System solving server related problems only.
9.2 Support can only be addressed in English though our Support System.
9.3 On our site you will find links to all the information to get your web site up and running. All information pertaining to your account should have been included in the Welcome Letter you received when we created your account.
9.4 All Support requests are to be processed through our Support System. Any other request for support will be considered a breach of our TOS.
TOP10. Law
10.1 This Agreement shall be governed by and construed in accordance with YourHostingSite_COUNTRY’S law and the laws governing the YourHostingSite+STATE_or_PROVIDENCE. You hereby submit to the non-exclusive jurisdiction of the YourHostingSite_COUNTRY’. courts.
TOP11. Headings
11.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
TOP12. Torturous Conduct
12.1 No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
12.2 Any abuse towards any YourHostingSite employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing YourHostingSite or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at YourHostingSite or it’s employees shall be considered a violation of this TOS.
12.3 Any threat; whether verbally, orally, written, or delivered by second parties directed towards YourHostingSite or any of it’s employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
12.4 Any conduct viewed as violating this section shall be considered a violation of this TOS. YourHostingSite will be the sole arbitrator in regards to what is deemed a violation.
12.5 No refunds shall be given when the contents of this section necessitates removal of the account.
TOP13. Cancellation of Services
13.1 You may cancel the Services at any time by logging into your YourHostingSite Member Services Control Panel, at least 15 (fifteen) days prior to expiration of your current term and requesting cancellation. Services cancelled after this time period will remain until the end of the next billing cycle. If you do not have an active YourHostingSite account, please contact us at billing@YourHostingSite .
13.2 Only accounts cancelled in the above manner are honored. Non-usage will never be considered cancellation. Further outlined in Section #5 above.
TOP14. Entire Agreement
14.1 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.
14.2 YourHostingSite reserves the right to amend these TOS at any time.
14.3 It is your responsibility to check these Terms of Service on occasion for any such amendments.
TOP15. Freedom to use these Terms
15 You (anyone viewing this page) are free to use these terms as a template for writing your own. Please have it reviewed by a local attorney to make certain it conforms with your applicable laws. You will also wish to confirm that the terms you create using this form as a template conform to your upstream provider.
15.1 YourHostingSite releases rights to this document text to the reader, free of encumbrance. Except as noted in this section (15.3).
15.2 In no form can you hold YourHostingSite responsible for any and all actions arising out of your use of these terms as your own.
15.3 If you choose to use these terms as your own, this section (15) must remain intact of content; save for our name. You agree to let others use these terms as a guide.
15.4 Our release of this text material in no way assigns rights of any images viewed herein.
TOP
hmmm . . . looks pretty messed up in there. :s
December 31st, 2006 at 7:24 pmI replaced the version on the front page with pure text. The formatted version below is easier to see the areas that need editing (but it doesn’t render right in here).
YourHostingSite
Terms of Service
Name Registration
02) Web
Site Hosting And Email
03) Service
Availability
04) Payment
05) Termination
06) Indemnity
07) Limitation
Of Liability
08) Notices
09) Support
10) Law
11) Headings
12) Torturous
Conduct
13) Cancellation
of Services
14) Entire
Agreement
15) Freedom
to use these Terms
YourHostingSite
Terms of Service:
Where the content states: "We" includes
YourHostingSite
or any
party acting on
YourHostingSite’s
implicit instructions. "You" includes the person purchasing the
services or any party acting on the customer’s instructions. "Member"
includes the purchaser of services or any party acting on the
purchaser’s instructions. "The Registrant" includes the person applying
for a domain name or any party acting on the Registrant’s instructions.
"The Registry" refers to the relevant domain names Registry. "Server"
means the computer server equipment in connection with the provision of
the Services. "Web Site" means the area on the Server allocated by us to
you for use by you as a site on the Internet. "TOS" includes this
agreement. In consideration of the mutual covenants herein, the parties
agree to the following, which shall apply during the term of this
agreement:
TOP
1.
Domain Name Registration
1.1 We make no representation that the domain name you
wish to register is capable of being registered by or for you or that it
will be registered in your name. You should therefore not assume
registration of your requested domain name(s) until you have been
notified that it has or they have been registered. Any action taken by
you before such notification is at your risk.
1.2 The registration and use of your domain name is
subject to the terms and conditions of use applied by the relevant
naming authority; you shall ensure that you are aware of those terms and
conditions and that you comply with them. You shall have no right to
bring any claim against us in respect of refusal to register a domain
name. Any administration charge paid by you to us shall be
non-refundable notwithstanding refusal by the naming authority to
register your desired name.
1.3 We shall have no liability in respect of the use by
you of any domain name; any dispute between you and any other person
must be resolved between the parties concerned in such dispute. If any
such dispute arises, we shall be entitled, at our discretion and without
giving any reason, to withhold, suspend or cancel the domain name. We
shall also be entitled to make representations to the relevant naming
authority but will not be obliged to take part in any such dispute.
1.4 We shall not release any domain to another provider
unless full payment for that domain has been received by us.
TOP
2.
Web Site Hosting And Email
2.1 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.
2.2 You shall effect and maintain adequate insurance
coverage in respect of any loss or damage to data stored on the Server.
2.3 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:
2.3.1 you will not use the Server in any manner which
infringes any law or regulation or which infringes the rights of any
third part; nor will you authorize or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive,
malicious, defamatory, obscene, pornographic, blasphemous, profane or
otherwise objectionable as determined by
YourHostingSite
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.
2.3.3 you will not send bulk email, whether opt-in or
otherwise, from our network. Nor will you promote a site hosted on our
network using bulk email.
2.3.4 you will not employ programs which consume excessive
system resources including, but not limited to, processor cycles and
memory. We do not host IRC, IRC bots, or other server resource intensive
programs.
2.3.5 If you surpass your allotted disk/bandwidth usage as
set forth in your purchased plan, you agree to purchase the excess in
blocks as set forth in our "plans" section. Such payment to be immediate
and non-disputable.
2.4 We reserve the right to remove any material which we
deem inappropriate from your web site without notice. We do not host
Warez, Underage Adult, Pornographic, or Copyrighted MP3 content.
2.5 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.
2.6 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.
2.7 Members utilizing free hosting shall exclude
themselves from promotions offered and afforded to paying Members.
2.7.1 Members utilizing free hosting shall display a
banner as supplied by
YourHostingSite.
2.8 You shall procure that all mail is sent in accordance
with applicable legislation (including data protection legislation) and
in a secure manner.
2.8.1 Sending unsolicited mail messages, including,
without limitation, commercial advertising and informational
announcements, is expressly prohibited. A Member shall not use another
site’s mail server to relay mail without the express permission of the
site.
2.8.2 It is contrary to
YourHostingSite
policy for
Members to use our servers to effect or participate in any of the
following activities:
To post to any Usenet or other newsgroup, forum, e-mail mailing list or
other similar group or list articles which are off-topic according to
the charter or other owner-published FAQ or description of the group or
list.
To send unsolicited mass e-mailings, if such unsolicited e-mailings
provoke complaints from the recipients.
To engage in any of the foregoing activities using the service of
another provider, but channeling such activities through a
YourHostingSite
provided server, or using a
YourHostingSite
provided server as a mail drop for
responses.
To falsify user information provided to
YourHostingSite
or to
other users of the service in connection with use of a
YourHostingSite
service.
2.8.2(a) Consequences of Violation:
When
YourHostingSite
becomes aware of an alleged violation of
its Acceptable Use Policy,
YourHostingSite
will
initiate an investigation. During the investigation
YourHostingSite
may restrict Member’s access in order to
prevent further possible unauthorized activity. Depending on the
severity of the violation,
YourHostingSite
may, at
its sole discretion, restrict, suspend, or terminate Member’s account
and/or pursue other civil remedies. If such violation is a criminal
offense,
YourHostingSite
will
notify the appropriate law enforcement department of such violation.
2.8.2(b) You shall be held liable for any and all costs
incurred by
YourHostingSite
as a
result of your violation of these terms and conditions. This is
including, but is not limited to, attorney fees and costs resulting from
Postmaster responses to complaints from and the cleanup of unsolicited
commercial mailings and/or unauthorized bulk mailings and/or news server
violations.
YourHostingSite’s
current hourly rate for Postmaster responses to complaints and cleanup
of unsolicited commercial mailings and/or unauthorized bulk mailings
and/or news server violations is US $100 per hour, with a minimum one
(1) hour charge, plus US $1 for each bulk-email or Usenet message sent,
plus US $1 per complaint received.
2.8.3
YourHostingSite
does not
issue service credits for any outages incurred through service
disablement resulting from Policy violations.
2.9 Any access to other networks connected to
YourHostingSite
must comply with the rules appropriate for
those other networks
2.9.1 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.
TOP
3.
Service Availability
3.1 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.
3.2 We shall have the right to suspend the Services at any
time and for any reason, generally without notice, but if such
suspension lasts or is to last for more than 7 days you will be notified
of the reason.
3.3 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 log-in session under any one account may be used at any
time by you. If you have multiple accounts, you are limited to one login
session per system account at any time; user programs may be run only
during log-in 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.
TOP
4. Payment
4.1 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. We reserve the right to change pricing at any
time although all pricing is guaranteed for the period of pre payment.
4.2 Payment is due each anniversary month, quarter or year
following the date the Services were established until closure notice is
given. If you choose to pay by credit or debit card you authorize
YourHostingSite
to debit your account renewal fees from
your card.
4.3 All payments must be in US Dollars.
4.4 If your check is returned by the bank as unpaid for
any reason, you will be liable for a "returned check" charge of $45.
4.5 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.
TOP
5. Termination
5.1 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.
5.2 If you break any of these terms and conditions we may
suspend the Services and/or terminate this Agreement forthwith without
notice to you.
5.3 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 suspend the Services and/or terminate
this Agreement forthwith without notice to you.
5.4 No refunds will be made for Services suspended in
accordance with 5.1, 5.2 and 5.3.
5.5 We reserve the right to suspend the Services and/or
terminate this Agreement at any time. In the event of this You will be
entitled pro rata refund based upon the remaining period of membership.
5.6 You may cancel the Services at any time.
5.7 During the first 30 days of Services, You are entitled
to a refund of fees paid with the exclusion of domain name registration,
dedicated server, and data transfer fees should you decide to cancel the
Services. You will not be entitled to a refund on this basis if you have
previously had an account with
YourHostingSite
5.7.1 During the first fourteen days of service you are
entitled to a full, no questions asked refund excluding as set forth in
5.7. For the remaining time your refund will be prorated and factored at
the full discretion of
YourHostingSite.
5.8 Where payment has been made by credit or debit card,
any refund will only be issued to the same credit or debit card.
5.9 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.
TOP
6. Indemnity
6.1 You shall indemnify us and keep us indemnified and
hold us harmless from and against any breach by you of these terms of
business and any claim brought against us by a third party resulting
from the provision of Services by us to you and your use of the Services
and the Server including, without limitation, all claims, actions,
proceedings, losses, liabilities, damages, costs, expenses (including
reasonable legal costs and expenses), howsoever suffered or incurred by
us in consequences of your breach or non-observance of this Agreement.
TOP
7.
Limitation Of Liability
7.1 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, subject always to sub clause.
7.2 Nothing in these terms and conditions shall exclude
our liability for death or personal injury resulting from our
negligence.
7.3 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.
7.4 In any event no claim shall be brought unless you have
notified us of the claim within one year of it arising.
7.5 In no event shall we 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.
7.6 You are responsible for monitoring Bandwidth and
Diskspace usage of your site. This is easily done from your Control
Panel. If you go over the amount indicated in your current plan; you
will assessed a surcharge as set forth in our pricing structure.
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8. Notices
8.1 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.
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9. Support
9.1
The support feature of our service at present time consists of our
Support System solving server
related problems only.
9.2 Support can only be addressed in English though our
Support System.
9.3 On our site you will find links to all the information
to get your web site up and running. All information pertaining to your
account should have been included in the Welcome Letter you received
when we created your account.
9.4 All Support requests are to be processed through our
Support System. Any other request for support will be
considered a breach of our TOS.
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10. Law
10.1 This Agreement shall be governed by and construed in
accordance with YourHostingSite_COUNTRY’S
law and the laws governing the
YourHostingSite+STATE_or_PROVIDENCE. You hereby submit to the
non-exclusive jurisdiction of the
YourHostingSite_COUNTRY’. courts.
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11. Headings
11.1 Headings are included in this Agreement for
convenience only and shall not affect the construction or interpretation
of this Agreement.
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12.
Torturous Conduct
12.1 No one shall post defamatory, scandalous, or private
information about a person without their consent, intentionally
inflicting emotional distress, or violating trademarks, copyrights, or
other intellectual property rights.
12.2 Any abuse towards any
YourHostingSite
employee
will not be tolerated. You are expected to request and respond to
support and other issues in a professional manner. When emailing
YourHostingSite
or utilizing the
Ticket Desk Support System,
refrain from using caps, exclamation points, and other forms of written
yelling. Any cursing, yelling, or further intentional disruptive
behavior aimed at
YourHostingSite
or it’s
employees shall be considered a violation of this TOS.
12.3 Any threat; whether verbally, orally, written, or
delivered by second parties directed towards
YourHostingSite
or any of
it’s employees, partners, equipment, and concerns shall be construed as
a violation of this TOS.
12.4 Any conduct viewed as violating this section shall be
considered a violation of this TOS.
YourHostingSite
will be
the sole arbitrator in regards to what is deemed a violation.
12.5 No refunds shall be given when the contents of this
section necessitates removal of the account.
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13.
Cancellation of Services
13.1
You may cancel the Services at any time by logging into your
YourHostingSite
Member
Services Control Panel, at least 15 (fifteen) days prior to
expiration of your current term and requesting cancellation. Services
cancelled after this time period will remain until the end of the next
billing cycle. If you do not have an active
YourHostingSite
account, please
contact us at
billing@YourHostingSite
.
13.2
Only accounts cancelled in the above manner are honored. Non-usage will
never be considered cancellation. Further outlined in
Section #5 above.
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14.
Entire
Agreement
14.1 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.
14.2
YourHostingSite
reserves
the right to amend these TOS at any time.
14.3 It is your responsibility to check these Terms of
Service on occasion for any such amendments.
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15.
Freedom to use these Terms
15 You
(anyone viewing this page) are free to use these terms as a template for
writing your own. Please have it reviewed by a local attorney to make
certain it conforms with your applicable laws. You will also wish to
confirm that the terms you create using this form as a template conform
to your upstream provider.
15.1
YourHostingSite
releases rights to this document
text to the reader, free of encumbrance. Except as noted in this section
(15.3).
15.2 In no form can you hold
YourHostingSite
responsible for any and all actions arising out of your use of these
terms as your own.
15.3 If you choose to use these terms as your own, this
section (15) must remain intact of content; save for our name. You agree
to let others use these terms as a guide.
15.4 Our release of this text material in no way
assigns rights of any images viewed herein.
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Desktop and Laptop Computers
I couldn’t understand some parts of this article, but it sounds interesting
August 29th, 2007 at 9:53 pm