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1.Ordering
Please read
the following Terms Of Service agreement
before proceeding, then continue ordering.
These policies to are designed to
protect the best interests of our
customers as a whole. unlimited-domain-hosting's
policy is to act as a neutral provider
of access to the global Internet.
We reserve the right to suspend or
cancel a customer's access to any
or all services provided by us if
it is decided that the account has
been inappropriately used. All services
are intended for the end user only
and may not be subleased, sold or
given to third parties.
Touble Free is a web presence provider
allowing Client's web site to be accessed
via Client's domain name (i.e theirname.com)
by anyone with access to a web browser
connected to the Internet. unlimited-domain-hosting
provides the disk space in which the
files composing Client's web site
reside and a connection capable of
transmitting said files to End User.
Said services are often referred to
as "Web Hosting."
unlimited-domain-hosting only handle the registration process
for Client's domain name if specifically
requested by the client. unlimited-domain-hosting in no way holds any responsibility
for payment of fees required by InterNIC
for Client's domain name, expect per
section 14 of these policies. Client
agrees to pay all charges requested
by InterNIC who will bill client separately
without any contact with unlimited-domain-hosting.
2. Authorization
of Charges
Client authorizes unlimited-domain-hosting to charge credit card supplied by
Client per month/ year. If Client
requests additional storage space
Client authorizes unlimited-domain-hosting to charge an additional price listed
by unlimited-domain-hosting.
If verification of Client's supplied
credit card information fails requested
charge by unlimited-domain-hosting for initial annual fees or for any
of the annual fees thereafter unlimited-domain-hosting reserves the right to refuse, suspend,
or cancel service pending unlimited-domain-hosting's
receipt of valid credit card information
from Client. Client agrees to notify unlimited-domain-hosting of any changes to Client's credit
card information.
3. Content Restrictions
All services provided by unlimited-domain-hosting may be used for lawful purposes only.
Transmission, storage, or presentation
of any information, data, or material
in violation of any United States
federal, state, or local law is strictly
prohibited. This includes but is not
limited to copyrighted or trademarked
material and material protected by
trade secret.
Pornography, nudity, and sex-related
merchandising are prohibited on non-adult
servers. This includes sites that
may infer sexual content; links to
such adult content elsewhere are also
prohibited.
Sites that promote any illegal activity,
such as Warez sites, are prohibited
on non-adult servers. Actual files,
including but not limited to pirated
software, hacker programs, cracks,
and MP3 files, are strictly prohibited
from being stored on any unlimited-domain-hosting Host's servers.
Examples of unacceptable content
include, but are not limited to the
following: Pirated software, Hacker
programs or archives, illegal MP3
files or archives.
unlimited-domain-hosting reserves the right to remove any material
from Client's web space that is deemed
unacceptable by us.
No site may use more than 15% of the
total server output at any given time.
unlimited-domain-hosting reserves the right to terminate Client's
account without refund at our discretion
if said material is discovered. unlimited-domain-hosting is the sole arbiter as to what constitutes
a violation of the above provisions.
4. CGI Application
Restrictions
The Client is allowed to freely install
CGI applications; however, unlimited-domain-hosting reserves the right to disable any
application that unreasonably effects
or interferes with normal server operations.
Said situation is highly unlikely.
Client will not install Client's
own chatroom of any kind, with out
permission, because they tend to be
large "system hogs" and
therefore fall into the category described
above. The chat room(s) provided with
your Control Panel may be used at
all times.
5. Spam Policy
unlimited-domain-hosting servers may not be the source, intermediary,
or destination address involved in
the transmission of Spam, Spamware
and other Spam Software, flames, or
mail bombs. Client's domain or IP
may not be referenced as originator,
intermediary, or reply-to address
in any of the above.
unlimited-domain-hosting considers Spam to be any mass unsolicited
message in the mediums of newsgroups
and e-mail.
The actions stated above will not
be tolerated. Violation will result
in the immediate deactivation of services
without refund of any kind. Furthermore,
a fine of one-hundred (100) US dollars
will be imposed for each spam policy
violation. unlimited-domain-hosting is the sole arbiter as to what constitutes
a violation of the above provisions.
6. Server Abuse
Any attempt to undermine or cause
harm to a unlimited-domain-hosting server or another unlimited-domain-hosting Client is strictly prohibited.
Any attempt to undermine any unlimited-domain-hosting web site or a web site of another unlimited-domain-hosting Client is strictly prohibited and
may result in immediate termination
of services rendered by unlimited-domain-hosting without refund. unlimited-domain-hosting is the sole arbiter as to what constitutes
a violation of the above provisions.
A fine of two-hundred (200) USD may
be implimented for intentional server
abuse.
7. Indemnification
Client agrees that it will defend,
indemnify, and hold harmless unlimited-domain-hosting from any and all demands, fines, liabilities,
losses, costs, claims, and expenses,
including attorney's fees, asserted
against unlimited-domain-hosting,
its employees, officers, agents, and
directors that may arise or result
from any service provided or performed,
or agreed to be performed, or any
product sold by Client, its employees,
officers, agents, and directors.
The Client agrees that it will defend,
indemnify, and hold harmless unlimited-domain-hosting against any liabilities, including
but not limited to, those arising
out of (1) any injury to person or
property caused by any product sold
or service rendered or otherwise distributed
in connection with unlimited-domain-hosting's
servers; (2) any material supplied
by the Client infringing upon or allegedly
infringing upon the proprietary rights
of a third party; (3) copyright infringement;
and (4) any defective products sold
to the Client's customer from unlimited-domain-hosting's
servers.
unlimited-domain-hosting assumes no liability of the Client
for failure to follow this Agreement
and any results caused by the acts,
omissions or negligence of the Client,
sub-contractor or an agent of Client
or an employee of any one to them,
including, but not limited to, claims
of third parties arising out of or
resulting from or in connection with
the Client's products, messages, programs,
caller contracts, promotions, advertising,
infringement or any claim for libel
or slander or for violation of copyright,
trademark or other intellectual property
rights.
8. Disclaimer
unlimited-domain-hosting wll not be held responsible for any
damages you or your business may suffer. unlimited-domain-hosting makes no warranties of any kind, expressed
or implied, for services rendered. unlimited-domain-hosting disclaims any warranty or merchantability
or fitness for a particular purpose. unlimited-domain-hosting assumes no liability for disruptions
or improper operation of its equipment
or software for any reason, including,
but not limited to, vandalism, theft,
phone service outages, Internet disruptions,
human error, extreme or severe weather
conditions or any other causes in
the nature of "Acts of God"
or force majeure. unlimited-domain-hosting will not be responsible for consequential
damages or punitive or exemplary damages
under any circumstances. In no case
will Client be entitled to recover
damages from unlimited-domain-hosting.
9. Term
The term of this Agreement will continue
until a notice of cancellation by unlimited-domain-hosting or Client is given, or until terminated
under other provisions of this Agreement. unlimited-domain-hosting reserves the right to terminate this
Agreement without cause upon notification
to the Client. unlimited-domain-hosting may further terminate this Agreement
immediately with notice at any time
the Client breaches any part of this
Agreement, or if any program or facility
used by unlimited-domain-hosting to implement this Agreement is disrupted
or terminated for any reason.
CLIENT may request unlimited-domain-hosting refunds money within 30 days after
sign up has taken place. CLIENT will
be refunded the full amount they have
paid. If 30 days have past CLIENT
may cancel contract, however, CLIENT
forfiets monies paid to unlimited-domain-hosting.
CLIENT may cancel account with unlimited-domain-hosting and be removed from billing, therebye
stopping all future charges.
These policies can be modified or
changed at any time by Trouble-Free.net
with or with out prior notice to client.
In most cases unlimited-domain-hosting will inform client of any major policy
changes.
10. Presumption
of Agreement
By signing up with unlimited-domain-hosting,
be it using unlimited-domain-hosting's
online sign up form or contacting
in any way an employee, officer, agent,
and director with request for unlimited-domain-hosting to provide Client services, Client
(1) authorizes unlimited-domain-hosting to take the actions necessary in order
to setup Client's account, including
charging credit card supplied by Client
at time of sign up; and (2) agrees
to each and every provision set forth
in this Agreement and shall hold to
said Agreement in the court of law.
11. Default
In the event Client defaults in any
provision or fails to perform pursuant
to this Agreement, unlimited-domain-hosting will be entitled to damages, costs,
and attorney's fees from the Client.
12. Invalid or Non-enforceable
Provisions
The invalidity or non-enforceability
of any provision of this Agreement,
as so determined by a court of competent
jurisdiction, will not affect the
other provisions hereof, and in any
such occasion this Agreement will
be construed in all respects as if
such invalid or non-enforceable provision
were omitted. This agreement constitutes
the entire agreement between the parties
hereto.
13. Choice of Law
/ Venue
This Agreement will be construed
and enforced in accordance with the
laws of the State of NJ and the venue
for any action, dispute or proceeding
with respect to this Agreement will
be NJ.
Captions
The captions in this Agreement are
for convenience only and will not
be used in interpreting, construing,
performing or enforcing this Agreement.
Amendments and Modifications
unlimited-domain-hosting may make amendments or modifications
to this Agreement at any time. Whenever
practical, unlimited-domain-hosting will notify Client of changes to this
Agreement.
Clients are responsible for frequently
backing up their files on our system. unlimited-domain-hosting cannot be held responsible for the
deletion of users' files, whether
intentional or unintentional.
14. Domain Agreement
unlimited-domain-hosting may provide new top level domain name
for new clients as requested by them,
on packages with specifically state
this. These domain names carry no
charge for renewals thereafter to
the client while client remains hosted
at unlimited-domain-hosting.
The client is responsible for renewing
domain name by contacting the sales
department. Should client decide to
switch hosting providers, client agrees
to pay yearly fee listed on the unlimited-domain-hosting website for domain name registrations. |