Examples of content that is not acceptable on Hosti.net Servers:
Pornographic material, "Pirated software" or "Warez",
"Hacker programs and/or archives", "IRC Bots",
"Gambling Related","Copyrighted Mp3's".
you specifically agree to indemnify and hold Hosti.net 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.
Adult Sites
WE DO NOT HOST ADULT SITES.
Adult Content or links to Adult Content are not permitted on Hosti.net
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.)
Freemail Accounts
Note: We will not accept FREEMAIL accounts as the primary contact for
your account on the order form unless we can verify your account via
telephone, these accounts include hotmail.com, yahoo.com, etc.
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 cover 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 Hosti.net 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, generally 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. 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 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 (Hosti.net) rights.
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.
Legal
Hosti.net 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 Hosti.net policy. Finally, Hosti.net wishes to emphasize
that in signing the service agreement, subscribers indemnify Hosti.net for
any violation of the service agreement, law, or Hosti.net policy, that
results in loss to Hosti.net or the bringing of any claim against
Hosti.net by any third-party. This means that if Hosti.net is sued because
of a subscriber's or customer of a subscriber's activity, the subscriber
will pay any damages awarded against Hosti.net , 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.
nothing in these terms and conditions shall exclude our liability for
death or personal injury resulting from our negligence.
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 one year of it arising.
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.
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 UDS $25.00.
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.
If you have a YEARLY plan with us you will be charged same price every
year on the anniversary of you enrollment until you decide to cancel the
account.
Money Back Guarantee
All Plans come with a 7 day Money Back Guarantee
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, and web proxy 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.
Under NO circumstances will you contact any other company of than
Hosti.net for any support matter
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.
Reselling
Under NO circumstances may these services be resold or are they to be
given out freely to users of your site, if you found reselling any of
these services your account will be terminated immediately without notice.
You agree to abide by these terms and condition by applying to host
with Hosti.net
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