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Acceptable Use
webtechpower.com's services may only be used for
lawful purposes. Transmission of any material in violation of
International, Federal or State regulation is prohibited. This
includes but is not limited to: material legally judged to be
threatening or obscene, or material protected by trade secret
laws.
If you are found in violation of the
webtechpower.com Hosting Acceptable Use Policy and Terms of Use.
Your account will be terminated without notice and you will
forfeit all of the moneys that have been paid to webtechpower.com.
Examples of content that is not acceptable on
webtechpower.com Servers: "Pirated software" or "Warez",
"Hacker programs and/or archives", "IRC Bots",
"Gambling Related","Copy righted Mp3's",
cgi-based message boards.
You specifically agree to
indemnify and hold webtechpower.com 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 welcome and
allow adult sites . All adult sites must have a warning
entrance page, all models must be 18+, and you must abide by all
laws within the USA AND your country if different from USA
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.)
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
coverage 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, 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
247NetHosting.com 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 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. 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 We can not stress this enough
the following sites are prohibited: hate, warez, illegal anything,
illegal content, software trading, download libraries, chat room
programs, internet search engines, copyright infringement,
trademark infringement, bulk emailing, unsolicited emailing,
newsgroup spamming, spam, spam related products and/or "anything
else determined by us to be unacceptable use of our Hosting
Services servers including abuse of server resources will be
grounds for immediate termination of service without notice"
are expressively forbidden and sites containing banned materials
are subject to immediate termination without refund.
Without in any way limiting our
(webtechpower.com) rights. If a site violates these terms in any
way, shape, or form, the site will be deleted from our network.
If 2 violations occur within a 90 day period the site will be
blocked from our network. Our warning schedule is below.
First Warning When you (or your clients) upload illegal content
you (or your clients) are knowingly violating the terms of
service. Therefore there is no need for a first warning.
When you upload illegal files which violate these terms you know
what you are doing is against our policies. Second Warning There
is no second warning, the domain is deleted. You may recreate the
domain, however if illegal content is found on this domain again
the domain will be blocked from our servers. Questionable
Situations If we find content that is questionable and may or may
not violate the terms of service we will contact you. An example
of a situation like this is a band hosting their own music on our
servers. However, you can avoid this step if you notify us. If you
are a band or if you are planning to upload a large amount of
files that are questionable please notify us before you upload so
we are aware of the situation. This will keep everyone happy.
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. Accounts may be cancelled by the
user with a 7 day notice. 247NetHosting reserves the right
to cancel any account with or without notice..
Legal
webtechpower.com 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
webtechpower.com policy. Finally, webtechpower.com wishes to
emphasize that in signing the service agreement, subscribers
indemnify webtechpower.com for any violation of the service
agreement, law, or webtechpower.com policy, that results in loss
to webtechpower.com or the bringing of any claim against
webtechpower.com by any third-party. This means that if
webtechpower.com is sued because of a subscriber's or customer of
a subscriber's activity, the subscriber will pay any damages
awarded against webtechpower.com , 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.
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 6 months of it arising.
In no event shall we ever 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. PayPal and
Credit Card (Visa, MasterCard, American Express and Discover) is
currently the method of payment used by webtechpower.com. We
do also accept Check and Money order. Please contact
us to pay via money order or paypal.
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.
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, web proxy
and mailing list 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.
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.
You are responsible for any domains that are
placed onto our servers.
We do reserve the right to edit the terms of
service at any time with or without notice.
If you have any questions please e-mail us at sales / at/ webtechpower,com
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