TOS

Introduction

This User Agreement (“Agreement”) governs your purchase and use of any Websiteshosters.com (collectively called "Services"), ordered by you (“you” and/or “Customer”) on the order form (“Order Form”) and provided by Websiteshosters. The account set up with Websiteshosters through which the Services will be administered is referred to as your "Plan(s)". This Agreement explains the terms and conditions that apply to your purchase and the use of the Plan(s) and Websiteshosters’s Web site. Before you may use Websiteshosters’s Services and create an account with Websiteshosters you must register and accept this Agreement by clicking the Acceptance Checkbox at the end of this Agreement. This Agreement exists to define the agreement between you and Websiteshosters and to ensure that Websiteshosters’s customers are using Websiteshosters's Services with regard to the rights of other Internet users and in conformity with the requirements of Websiteshosters's network environment.

Acceptable Use

You are required to use Websiteshosters's Service(s) responsibly. This includes respecting the other customers of Websiteshosters. Subject to the terms and conditions of this Agreement, Websiteshosters grants you a non-exclusive, non-transferable, limited license to access, display and use our Services, Web sites and their contents. You shall comply with all copyright laws worldwide in your use of Websiteshosters’s Services and Web sites and prevent unauthorized copying of their contents. Except as provided in this Agreement, Websiteshosters does not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secret information.

Prohibited Use

Websiteshosters servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited.

Examples of prohibited use include, but are not limited to:

materials subject to trademark, copyright or other laws protecting any materials or data of others in the absence of a valid license or other right to do so;

material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws;

unauthorized use or disclosure of private, personally identifiable information, or proprietary information of others;

adult-oriented sites, pornography and sex-related merchandising , including sites that may infer sexual content of any kind or provide links to adult content elsewhere. Websiteshosters also prohibits sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or is otherwise objectionable; and

storage, posting, display, transmission, advertising of or otherwise making available child pornography.

In purchasing Websiteshosters.com, all Websiteshosters customers certify that they and/or the organization they represent in procuring services from Websiteshosters are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto

Usage of Allotted Resources

Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes agreed to in the stipulated measurements outlined on the web site at the time of sign-up (or other measurements of services in the form of gigabytes, terabytes, etc.) per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Websiteshosters will monitor Customer's bandwidth and disk usage. Customer agrees that bandwidth allowances represent the sum of the incoming and outgoing allowances. Once a plan reaches the bandwidth allowance, the plan will automatically be suspended until the next calendar month or until the plan’s bandwidth allowance is upgraded. Bandwidth calculations are updated daily and are not in real time. Therefore, Customer agrees that the sum of incoming and outgoing bandwidth usage that exceeds the plan’s allowance shall be billed at €1.00 per GigaByte. Further, if Websiteshosters’s automated system fails to suspend a plan when reaching the plan’s bandwidth allowance, customer agrees be billed at €1.00 per GigaByte for each GigaByte of bandwidth usage in excess of the plan’s bandwidth allowance. Websiteshosters shall have the right to take corrective action if Customer's disk usage exceeds the Agreed Usage, including but not limited to deletion of all plan files, termination of this Agreement or suspension of Services. Such actions may be taken in Websiteshosters's sole and absolute discretion.

Usage of Server Resources

In order to preserve the integrity of Websiteshosters’s Services and provide Customers with Websiteshosters’s 99.9% uptime guarantee , Websiteshosters must be able to regulate its customers’ use of server resources. Therefore, Customer agrees that Customer shall not use excessive amounts of server resources (such as, but not limited to, CPU & Memory usage) on any of Websiteshosters's servers. Websiteshosters shall define “ excessive amounts of server resources” as using any form of server resource in a manner which noticeably hinders the quality of any service. Customer agrees to be held under strict liability for assuring reasonable server resource usage. Any violation of this policy will result in immediate account cancellation and imposition of an Administrative Fee of €50.00. Websiteshosters shall not refund to Customer any fees paid in advance of such cancellation and Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, Customer shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term. Websiteshosters reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Mass Emailing Policy

Each hosting plan is limited to sending no more than 200 emails in any 60 minute period. This policy is necessary to protect the quality of Websiteshosters’s hosting service, as mass emailing can consume excessive amounts of server resources, which negatively impacts the quality of hosting service other clients receive. First violations of this policy will result in an Administrative Fee of €25.00 and immediate account suspension. To be re-activated , the client must provide a written and signed statement stating “I have read, understood, and agree to Websiteshosters’s Mass Emailing Policy”. Any second violation of this policy will result in immediate account cancellation and imposition of an Administrative Fee of €100.00. Websiteshosters shall not refund to Customer any fees paid in advance of such cancellation and Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, Customer shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term. Websiteshosters reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

E-mail Spamming Prohibited

“Spamming” includes the sending of unsolicited bulk and/or commercial messages over the Internet using Websiteshosters’s Services or through another ISP or IPP with a reference to Websiteshosters or a website hosted by Websiteshosters, maintenance of an open SMTP policy, and selling or distributing software (on a Web site residing on a Websiteshosters server) that facilitates the foregoing. Spamming is prohibited. Violators will be assessed a minimum fine of €200 and may have their Plan(s) terminated or suspended. Websiteshosters reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse

Violation of system or network security is prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following:

unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;

interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting;

distributing or hosting destructive or harmful content including, without limitation, viruses, Trojan Horses, worms, time bombs, cancel bots or any computer programming routines that may damage or interfere with any system, program, data or personal information;

any form of hacking or unauthorized access, which includes, without limitation, use probing, or scanning of systems security or authentication measures, data or traffic;

interference with service to any user, host, or network including any form of attempts to overload a system, any form of system attacks, or forgery which can come from any kind of program/script/command or messages of any kind designed to interfere with a user's terminal session, via any means, locally or by Internet;

any form of interception which includes, without limitation, unauthorized monitoring of data or traffic on any network, server or system without express authorization from the owner;

any form of avoidance of system restriction; and

any form of failure to safeguard accounts which includes, without limitation, failure to prevent unauthorized access by giving away passwords.

Fraudulent Content

Offering or distributing any fraudulent goods, services, schemes or promotions (e.g. - make money fast schemes, chain-letters, pyramid schemes), or submitting false data on any sign-up form, contract or online application through registration, or any fraudulent use of information obtained through the use of the Plans, including, without limitation, use of credit card numbers, phone numbers, e-mail addresses, or home addresses is strictly prohibited.

Violation of this Agreement

If Websiteshosters becomes aware of any violation or threatened violation of this Agreement, Websiteshosters may pursue any remedies and take any action against you or your customers to stop or correct such violation, including, but not limited to, denying access to Websiteshosters's Services and equipment or to the Internet, removal of all or a portion of the information stored on Websiteshosters’s server, suspension of any and all Services, or termination of this Agreement. In the event Websiteshosters is required to suspend Services or terminate this Agreement, Websiteshosters shall not refund any of the Fees paid in advance of such corrective action. In addition, Websiteshosters may charge you for any costs or expenses it incurs as a result of the threatened or actual violation of this Agreement. You agree that Websiteshosters shall have no liability to you or any of your customers as a result of any corrective action Websiteshosters may take (including, without limitation, termination of Services). You are expected to cooperate with Websiteshosters in any corrective or preventive action that Websiteshosters deems necessary.

Disclaimers and Limitations

You expressly agree that the use of Services or any information provided by Websiteshosters is at your sole risk. Neither Websiteshosters, nor its affiliates, nor any of its officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site or the Services provided will be uninterrupted or error-free; nor does Websiteshosters make any warranty as to the results that may be obtained from the use of the Services.

THE SERVICES, WEB SITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED ON AN "AS IS," “WHERE AVAILABLE” BASIS. Websiteshosters AND ITS PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES, WEB SITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THE WEB SITES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liabilities

YOU AGREE THAT NEITHER Websiteshosters NOR ITS PROVIDERS SHALL BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICES, MATERIALS, CONTENT, OR INFORMATION ON ITS SITES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL Websiteshosters OR ANY OF ITS PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
Last updated 15-03-06