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 By
using the Service, you agree to abide by, and require others using the Service
via your account to abide by the terms of this AUP. You should consult this document
regularly to ensure that your activities conform to the most recent version. IF
YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE
OF THE SERVICES AND NOTIFY THE WEBSITE HOSTEL CUSTOMER SERVICE DEPARTMENT SO THAT
YOUR ACCOUNT MAY BE CLOSED.
1. Term of Service
Website HOSTel will host an account for you, the purchaser (hereafter referred
to as the "Account Holder"), for the Account Holder's chosen domain
name, for the period of time (the "Term") corresponding with the payment
plan chosen by the Account Holder. This contract will be automatically renewed
at the end of the Term and each successive renewal term, unless terminated prior.
Termination of services by the Account Holder must be given in written form,
at least 30 days prior to the termination date. Phone notification is not acceptable.
For any one of the virtual hosting plans, the full amount paid less any set
up fees and overages will be refunded if Website HOSTel is notified of your
intent to terminate within the first 30 days following activation. No refund
is available after the 30th day.
2. No Warranty
Website HOSTel's services are 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.
Website HOSTel expressly disclaims any representation or warranty that the Website
HOSTel services will be error-free, secure or uninterrupted. No oral advice
or written information given by Website HOSTel, its employees, licensors of
the like, will create a warranty; nor may you rely on any such information or
advice. The terms of this Section will survive any termination of this Agreement.
3. Use of Services
The Virtual Web Server Internet account and/or related electronic services
can only be used for legal purposes under all applicable international, federal,
provincial, and municipal laws. Further, the Account Holder agrees not to store,
transmit, link to, advertise or make available any images containing pornography.
The Account Holder agrees to follow generally accepted rules of "Netiquette"
when sending e-mail messages or posting to newsgroups. Violations of these or
any other provisions of this Agreement may result in termination of the services
provided by Website HOSTel, with or without the grant of a notice or cure period,
such notice or cure period to be granted at the sole discretion of Website HOSTel
based upon the severity of the violation. Website HOSTel reserves the right
to refuse service if any of the content within, or any links from, the Account
Holder's website is deemed illegal, misleading, or obscene, or is otherwise
in breach of Website HOSTel's then current "Acceptable Use Policy",
in the sole and absolute opinion of Website HOSTel. If Website HOSTel terminates
the services being provided to the Account Holder, such termination shall be
without refund. Notwithstanding anything in this Agreement, the content of the
Account Holder's website is the sole responsibility of the Account Holder. The
Account Holder agrees to indemnify and hold harmless Website HOSTel from any
and all claims, losses, damages, liabilities, judgments, or settlements, including
reasonable attorney's fees, costs, and other expenses incurred by Website HOSTel,
(collectively, "Claims") related to or in connection with the content
of the Account Holder's website. The terms of this Section will survive any
termination of this Agreement.
4. Price Changes
Website HOSTel reserves the right to change, at any time, the prices charged
to the Account Holder for the services provided by Website HOSTel.
5. Passwords; Account Ownership
The Account Holder is responsible for security of its password. Website HOSTel
will not change passwords to any account without proof of identification, which
is satisfactory to Website HOSTel, which may include written authorization with
signature. In the event of any partnership break-up, divorce or other legal
problems that includes Account Holder, Account Holder understands that Website
HOSTel will remain neutral and may put the account on hold until the situation
has been resolved. Under no circumstances will Website HOSTel be liable for
any losses incurred by Account Holder during this time of determination of ownership,
or otherwise. The Account Holder agrees to indemnify and hold harmless Website
HOSTel from any and all Claims arising from such ownership disputes. The terms
of this Section will survive any termination of this Agreement.
6. Dedicated Services
The Account Holder agrees not to harm Website HOSTel, its reputation, computer
systems, programming and/or other persons using Website HOSTel's services. Website
HOSTel reserves the right to select the server for Account Holder's website
for best performance. The Account Holder understands that the services provided
by Website HOSTel are provided on a dedicated server. This means that this server
will be in use by Company XYZ, Inc.
7. Transfer of Rights
The Account Holder's rights and privileges under this Agreement cannot be sold
or transferred without the prior written consent of Website HOSTel.
8. SPAM
Website HOSTel is committed to a zero-tolerance, anti-Spamming policy. Under
this policy, we prohibit Spam, or any violation of United States laws relating
to Spam, from being sent either: Over the Website HOSTel network, by customers
or any other users of the Website HOSTel network (including customers' customers);
AND/OR over ANY network— if the message sent advertises or mentions a
site hosted on the Website HOSTel server. We also prohibit the selling products
that can be used for spamming.
Website HOSTel may not be the source, intermediary, or destination address
involved in the transmission of any unsolicited email, email bombs, hate email,
or any mass email. Your email account may not be referenced as originator, intermediary,
or reply-to address of such email.
We react quickly and seriously to violations, and we further reserve the right
to terminate the services, without prior notice, of any customer disregarding
this policy.
If you have any complaints or comments regarding Spam on our network, please
direct them via email to abuse[at]websitehostel.com.
9. Email Policy:
Website HOSTel accepts no responsibility for viruses that may be transmitted
to you via email, ftp, http or any other means of electronic transfer. Website
HOSTel does provide some virus scanning on its servers. We are monitoring for
viruses that could affect our Linux servers, and not viruses that could affect
other operating systems like Windows. Therefore, we cannot prevent the transmission
of viruses to your computer system via the Internet. It is the responsibility
of the client to ensure they have Virus Software and that it is updated regularly.
10. CGI Scripts Policy:
Each account comes with its own CGI-bin. You are free to use any CGI scripts
you wish, however we reserve the right to disable any CGI script that effect
normal server operation or service to other Website HOSTel customers. For the
protection of all our customers, we also reserve the right to discontinue service
to those customers who continue to run scripts that effect normal server operation.
No chat rooms or similar scripts allowed.
11. Traffic Policy:
Website HOSTel imposes very generous traffic limits that most sites never reach,
unless they offer shareware, sound, video, image and multimedia archives, are
mirror sites or any site whose primary purpose is file distribution. Website
HOSTel customers are discouraged from storing any files that cause excessive
traffic on Website HOSTel servers. Please contact Website HOSTel Technical Support
team for more information. Again, 99% of the sites do not fall into this category
and never reach our traffic limits.
We reserve the right to charge additional fees for sites that exceed our generous
traffic limits. Sites that exceed their traffic limits will be suspended without
prior notification if they do not purchase add-on traffic packages.
12. Backups
Full backups are created nightly by using our unique backup system that copies
only the changed parts of the files to create a full backup of the then current
data. No guarantees are made of any kind, either expressed or implied, as to
the integrity of these backups. Backups are made for server restoration purposes
only. It is the clients' responsibility to maintain local copies of their web
content and any information on their account including but not limited to clients
website, email, databases, mailing lists, and archives. The "Archive Manager"
is included in each hosting plan and client can use this tool to back up their
files. If loss of data occurs due to an error of Website HOSTel, we will attempt
to recover the data at no charge to the client. If data loss occurs due to negligence
of client in securing their account or by an action of the client, Website HOSTel
will attempt to recover the data from archive for a $50.00 fee.
13. IP Address
If Website HOSTel assigns the Account Holder an Internet Protocol address in
connection with the Account Holder's use of the Website HOSTel services, the
right to use that Internet Protocol address will remain with and belong only
to Website HOSTel, and the Account Holder will have no right to use that Internet
Protocol address except as allowed by Website HOSTel in its sole and absolute
discretion.
14. Sale of Advertising
If the Account Holder sells or resells advertising or webspace to a third party
then the Account Holder will be responsible for the contents of that advertising
and the actions of that third party. Website HOSTel has the absolute right to
reject any advertising or other third party content that is illegal, offensive
or otherwise in breach of the then current Website HOSTel "Acceptable Use
Policy". The e-mail distribution by the Account Holder of "SPAM",
"JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly
prohibited. If the Account Holder refuses to remove any advertising or other
third party content deemed objectionable by Website HOSTel, Website HOSTel may
terminate the services being provided to the Account Holder, without refund.
15. Telephone Support
Client agrees to use the Support Center located at http://support.websitehostel.com
for technical support issues. Website HOSTel does, however, offer telephone
support to clients. Client agrees not to abuse this resource. Website HOSTel
shall have sole authority to determine violations of this policy.
16. Limitation of Liability
Website HOSTel will use its best efforts to maintain a full time Internet presence
for the Account Holder. The Account Holder hereby acknowledges that the network
may, at various time intervals, be down due, but not restricted to, utility
interruption, equipment failure, natural disaster, acts of God, or human error.
In no event shall Website HOSTel be liable to the Account Holder for any damages
resulting from or related to any failure or delay of Website HOSTel in providing
access to the Internet under this Agreement. In no event shall Website HOSTel
be liable to the Account Holder for any indirect, special or consequential damages
or lost profits arising out of or related to this Agreement or the performance
or breach thereof. The aggregate, total liability of Website HOSTel under this
Agreement, if any, shall in no event or circumstance exceed the total amount
actually paid by the Account Holder hereunder. The terms of this Section will
survive any termination of this Agreement.
17. Account Holder Responsibility
This Agreement applies to all accounts, sub-accounts, and alternative account
names associated with your principal account. The Account Holder is responsible
for the use of each account, whether used under any name or by any person, and
for ensuring full compliance with this Agreement by all users of that account.
A Website HOSTel account may not be transferred without prior written approval
from Website HOSTel. The Account Holder is responsible for maintaining the confidentiality
of his/her password. In the event of a breach of security through the Account
Holder's account, the Account Holder will be liable for any unauthorized use
of the Website HOSTel services, including any damages resulting therefrom, until
the Account Holder notifies Website HOSTel's customer service.
18. Entire Agreement
This Agreement constitutes the entire agreement between the Account Holder
and Website HOSTel with respect to the Website HOSTel services and supersedes
all prior agreements between the Account Holder and Website HOSTel. Website
HOSTel's failure to enforce any provision of this Agreement shall not be construed
as a waiver of any provision or right. In the event that a portion of this Agreement
is held unenforceable, the unenforceable portion will be construed in accordance
with applicable law as nearly as possible to reflect the original intentions
of the parties, and the remainder of the provisions will remain in full force
and effect. The terms of this Section will survive any termination of this Agreement.
19. Dispute Resolution
The parties shall attempt to resolve all disputes arising out of this Agreement
in a spirit of cooperation and with a problem-solving mindset, without formal
proceedings. Any dispute, which cannot be so resolved, shall be subject to binding
arbitration upon the written demand of either party. Arbitration shall take
place in San Diego, CA. Should any legal action permissible under this Agreement
be instituted to enforce the terms and conditions of this Agreement, in particular
the right to collect money due on unpaid invoices, the prevailing party shall
be entitled to recover reasonable attorney's fees and expenses incurred at both
the trial and appellate levels. The terms of this Section will survive any termination
of this Agreement.
20. Indemnification
We reserve the right to refuse service to anyone for any reason not prohibited
by law. Also we reserve the right to terminate service to any customer for any
reason not prohibited by law. You agree to use all Website HOSTel services and
facilities at your own risk. Website HOSTel specifically disclaims all warranties
of merchantability and fitness for a particular purpose. In no event shall Website
HOSTel be liable for any loss, or loss of data, or other commercial damage,
including but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold Website HOSTel
harmless from any and all demands, liabilities, losses, costs and claims, including
reasonable attorney’s fees asserted against Website HOSTel, its agents,
its customers, officers and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product sold by customer,
it’s agents, employees or assigns. Customer agrees to defend, indemnify
and hold harmless Website HOSTel against liabilities arising out of;
1. any injury to person or property caused by any products sold or otherwise
distributed in connection with Website HOSTel’s server;
2. any material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party;
3. copyright infringement and
4. any defective products sold to customer from Website HOSTel’s server.
Website HOSTel shall be the sole judge of what violates this Policy.
21. Use of Account Holder's Name
Website HOSTel may include the Account Holder's name and contact information
in directories of Website HOSTel service subscribers for the purpose promoting
the use of the services by additional potential clients. However, Website HOSTel
is not authorized to print the Account Holder's name, trademarks or other identifying
information in any other advertising or promotional materials without the prior
written consent of the Account Holder.
22. Successors and Assigns
This Agreement shall be binding on the parties, and on their successors and
assigns, without regard to whether it is expressly acknowledged in any instrument
of succession or assignment.
23. Payment Policy and Fees
By signing up for hosting with Website HOSTel, you are agreeing that your hosting
account will be automatically renewed, and your credit card will be charged
(if you are paying by credit card). Payment is due each anniversary (one month,
three months, six months, one year, or two years) following the date the account
was established. Your credit card/e-check will be automatically charged on your
anniversary (if you are paying by credit card/e-check) unless a cancellation
request is submitted by using the cancellation form. All payment-due notices
will be sent by electronic mail. No bills or invoices will be sent by postal
mail or fax. Additional features can be added at any time. Monthly feature prices
are not prorated. Website HOSTel reserves the right to change prices or plans
at any time. NOTE: Website HOSTel charges a $25.00 fee for returned checks as
well as charge backs. For international customers: check or money order funds
must be drawn in US dollars.
Accounts that are thirty (30) days past due will be automatically suspended.
All past due and unpaid balances are subject to collection. In the event of
collection, you will be liable for costs of collection including attorney's
fees, court costs, and collection agency fees.
We may modify any of the terms and conditions contained in this Acceptable
Use Policy, at any time and in our sole discretion, by posting a change notice
or a new agreement on our website.
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