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AGREEMENT
This Agreement sets forth the Standard Terms and Conditions that apply to the use of the HostVector Services. YOUR USE OF THE HostVector SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use the services to which such terms apply.
USER CONDUCT
You agree to abide by all applicable local, national and international laws and regulations regarding your use of our service.
USER ELIGIBILITY
You represent and warrant that you are the person legally responsible for all use of this account, and are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to participate, and the account must be opened and maintained by a parent or legal guardian, in their name. You agree to provide HostVector with your full legal name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
CONTENTS OF MESSAGES
You are responsible for the contents of your messages and your website and the consequences thereof. You agree not to do anything that would restrict or inhibit any other user from using and enjoying the Internet. You further agree not to use HostVector to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or may otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, province, national or international law or regulation. HostVector reserves the right to terminate your account without prior notice if HostVector becomes aware of and determines, in its sole discretion, that you are violating any of the foregoing guidelines.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the HostVector Service you warrant to HostVector that you will not use the HostVector Service for any unlawful purpose.
TERMS OF PAYMENT
You agree to pay HostVector appropriate payment for the services received from HostVector, in advance of the time period during which such services are provided. You agree to provide HostVector with current billing and contact information and authorize HostVector to bill all account and related charges to the credit card on file. You further agree that until and unless you notify HostVector of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that prepayments will be billed and charged automatically, that HostVector may apply the amount due to the provided card at any time, and will issue absolutely no refunds. If your credit card is denied for any reason on the first attempt, we will automatically attempt to resubmit such a card within five business days of the original attempt. Should the card be denied again, we may terminate the account, and the resubmission fees (up to $50.00) will need to be paid before the account can be reactivated. All files within the account may be deleted on termination. You may notify us in advance of your next billing cycle your desire to provide for alternative payment arrangements. HostVector reserves the right to change prices at any time.
WEBSITE CONTENT
You are responsible for keeping a copy of their most current website files as backup on a remote system. HostVector is not responsible for any lost files, information, or data.
USER RESPONSIBILITIES
You may not initiate any of the following on the HostVector servers:
- Any process that requires more than 1% of all available system resources at any time.
- Any other service that performs CGI services for any site not within the account, such as a banner exchange.
- Any stand-alone, unattended server-side processes. This includes any and all daemons, such as IRCD (internet relay chat daemon).
- Any software that interfaces with an IRC (Internet Relay Chat) network.
- Any site with adult-oriented content, including but not limited to any pornographic or sexually explicit material. HostVector is required by law, to notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, HostVector's network.
Users are also required to abide by the following rules:
- No database may be used for logging of information available through our server logs (ie traffic counters). Please contact us if you need detailed statistics for your website, we can work with you to develop a manageable solution.
- Databases are only to be used for HostVector-hosted websites, and no outside access will be granted.
- No cron job may run more than once every two hours.
Software such as HumanClick, LivePerson and other similar customer communication tools are fully allowed on our servers, as long as they are within the guidelines of this Agreement.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by HostVector, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future HostVector policy decisions.
ZERO TOLERANCE SPAM POLICY
HostVector takes a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice, and will be billed at a rate of $10 for each recipient to whom the message was sent, regardless of whether the messages were sent from our server, or from another server advertising a site hosted on our servers. HostVector reserves the right to require changes or disable as necessary any website, account, database, or other component that does not comply with this policy, at its sole discretion. HostVector also reserves the right to make any such modifications in an emergency at our sole discretion.
MONITORING OF SERVICE
You agree that HostVector has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. HostVector reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. HostVector also reserves the right to refuse refunds in cases where HostVector believes abuse has taken place. HostVector reserves the right to monitor any and all communications through or with our facilities. You agree that HostVector is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
SHARING OF ACCOUNT SPACE & RESALE RESTRICTIONS
You represent and warrant that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You agree that as a reseller, you are the individual solely responsible for all use of the account.
30-DAY MONEY BACK GUARANTEE REFUND POLICY
The 30 day guarantee covers cancellation of an account during the first 30 days of service, due to our inability to deliver satisfactory service. Refunds will not be given for any reason in the case of account non-use, misuse, or abuse. Refunds will not be given on domain registration fees and dedicated servers orders. All inquiries regarding this guarantee should be directed to our Billing Department via Support Center.
DEDICATED SERVER REFUND POLICY
Dedicated Servers orders are not covered by 30-day Money Back Guarantee.
The payments for Dedicated Servers are non-refundable.
TERMINATION
HostVector may terminate this agreement and your access to any or all HostVector related services at any time, with or without cause, effective immediately. HostVector shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by HostVector to have violated these Terms of Service may be barred from receiving any services from HostVector.
You may terminate this Agreement at any time by e-mailing the support department at HostVector with your name, e-mail address, last 4 digits of your credit card and reason for canceling. No refund shall be issued if information submitted is incorrect or if not covered by 30-Day Money Back Guarantee (see above). HostVector must receive all termination requests by midnight on the end of the previous month in order to avoid paying for the next month's service.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE HOSTVECTOR SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HOSTVECTOR EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE HOSTVECTOR SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY HOSTVECTOR, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL HOSTVECTOR, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE HostVector SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE HostVector SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, 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 HOSTVECTOR RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT HostVector IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM HHOSTVECTOR AND ITS AFFILIATES.
UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
FORCE MAJEURE
If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of HostVector, HostVector is unable to perform in whole or in part its obligations as set forth in this Agreement, then HostVector shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make HostVector liable to the User.
SURVIVABILITY
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless HostVector against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorneys' fees) or claims caused by or resulting indirectly from your use of the service, without limitation or exception, including your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with HostVector.
REMEDY
You agree that your sole and exclusive remedy to any issues relating to the HostVector Service is to discontinue using the Service.
ASSIGNMENT
In the event of a merger or consolidation of HostVector, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.
ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.
WAIVER
The failure of HostVector to enforce a provision of this Agreement shall not be construed as a waiver or limitation of HostVector's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
MODIFICATION OF TERMS
HostVector reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the HostVector Website. You are responsible for regularly reviewing these documents. Continued use of the HostVector Services after any such changes shall constitute your consent to such changes. HostVector does not and will not assume any obligation to notify you of any changes to the Terms of Service.
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