Terms of Use
HostingBrand.com services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any federal, state or city law is prohibited. This includes, but is not limited to copyrighted material; material seemingly threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service that damages the subscriber or any other party.
Pornography, nudity and sex-related merchandising are prohibited on all services. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
In addition, any site selling or promoting bulk e-mail services or software is forbidden. HostingBrand.com does not tolerate spamming through it's services, and will take all legal precautions against any such action, including termination of the customer's service.
Pirated software, hacker programs, warez sites, sites with streaming media
and MP3 sites are non-acceptable content, and will not be hosted on HostingBrand.com'
servers.
The policies and guidelines expressed herein supplement the rights and
ob-legations of the parties under the Service Agreement for hosting services.
This document establishes operating principles and acceptable use policies as
they relate to the Customer's use of the services provided by HostingBrand.com
to the Customer under the Service Contract Agreement.
1. SERVICE DESCRIPTION
HostingBrand.com provides space on the server that is integrated into the
Internet. After an account has been setup and any data has been uploaded to the
site, HostingBrand.com retains judgment as to what refund if any is applicable
in the event of a cancellation of service.
2. SERVICE USAGE
A. Legal Parameters: This service may be
utilized only for lawful purposes, and the usage of the service in connection
with or adjunct to any matter or thing which violates any foreign, municipal,
state, county or federal statute or regulation is prohibited. Client agrees to
indemnify and hold harmless HostingBrand.com from and against any and all
claims, actions, causes of actions, administrative or government action, losses
or damages (including legal fees and expenses) arising from the usage by
client.
B. Unilateral Service Revocation: In the event
that HostingBrand.com, at any time, believes that the service is being utilized
by the client in contravention of the terms and provisions of this contract, HostingBrand.com
may, at its sole discretion, immediately discontinue such service to client,
without liability.
3. NO WARRANTIES
With respect to the service to be provided hereunder, client acknowledges that HostingBrand.com
makes absolutely no warranties whatsoever, express or implied, including
warranty of merchantability or fitness of this service for a particular
purpose. As a result, client agrees that HostingBrand.com shall not be liable
to client or any of its customers for any claims or damages which may be
suffered by client or its customers, including, but not limited to, losses or
damages of any and every nature, resulting from the loss of data, inability to
access Internet, or inability to transmit or receive information, caused by, or
resulting from, delays, non-deliveries, or service interruptions whether or not
caused by the fault or negligence of HostingBrand.com. Client hereby agrees to
indemnity and hold harmless HostingBrand.com from any and all claims of
whatever nature brought by any of client's customers against HostingBrand.com.
4. USE OF INFORMATION
The utilization of any data or information received by client or its customers
from the utilization of the service to be provided by HostingBrand.com is at
client and its customer's sole and absolute risk. HostingBrand.com specifically
disclaims and denies any responsibility for the completeness, accuracy or
quality of information obtained through the services to be pro-vided hereby.
5. DOMAIN NAME
If HostingBrand.com shall acquire an Internet Domain Name on behalf of the
client, then in such case the client hereby waives any and all claims which it
may have against HostingBrand.com for any loss, damage, claim or expense
arising out of, or in relation to, the registration of such Domain Name in any
on-line or off-line network directories, membership lists or registration
lists, or the release of the Domain Name from such directories or lists
following the termination of services by HostingBrand.com for any reason. Any
costs of HostingBrand.com in obtaining or maintaining a domain name for client
shall be immediately reimbursed to HostingBrand.com upon invoice from HostingBrand.com
to client.
6. SERVICE FEES AND INVOICING
Client shall pay the initial fees set forth below, prior to the commencement of
service. Thereafter, client shall be invoiced on renewal in the terms of their
contract. Payment of the service fee is due upon repeciit of invoice. In the
event that client shall fail to pay for such services, HostingBrand.com will be
entitled to unilaterally terminate this agreement and discontinue the service
of client or the applicable account for which payment has not been received.
The indemnification and limits of liability provisions of paragraphs 2 and 3
shall survive any such termination. Upon payment of the charges due hereunder, HostingBrand.com
may, at its sole discretion, re-institute service, at which time all terms and
conditions of this contract shall continue in full force and effect. Any
service disconnection or suspension shall require a $50 U.S. re-connect fee.
Initial service and set-up fees are as follows: Additional fees, if applicable,
will be billed at the end of each month, with payment due within ten (10) days
thereafter: These fees are applicable for additional: disk space, data
transfer, POP3/forwarding email accounts or mail list services.
7. SCOPE OF AUTHORITY
Client has no authority, apparent or otherwise, to contract for, or on behalf
of HostingBrand.com, or in any other way legally bind HostingBrand.com in any
fashion, nor shall client be authorized to make any representations about HostingBrand.com
or its services other than to reiterate to its clients HostingBrand.com's
responsibilities as outlined in this agreement.
8. CHANGES IN TERMS OF AGREEMENT
HostingBrand.com reserves the right to make changes to the above terms and
conditions of this agreement upon sixty (60) days written notice to cli-ent,
advising of the change and the effective date thereof. Changes in monthly
service fees shall become effective only at the end of any calendar quarter for
which client has prepaid for the respective quarter. Utilization of the service
by the client and/or its customers following the effective date of such change
shall constitute acceptance by client of such change(s) in terms.
9. ENTIRE AGREEMENT AND SEVERABILITY
This instrument constitutes the entire agreement between the parties, and
represents the complete and entire understanding of the parties with respect to
the subject matter of this agreement. This instrument supersedes any other
agreement or understanding between the parties, whether written or oral. In the
event that any term or provision of this instrument is held by a court of
competent jurisdiction to be unenforceable, then the remaining provisions of
this instrument and the agreement which it evidences, shall remain in full
force and effect.
General
The Internet is a voluntary association of users interested in and willing to exchange information and data with other Internet users. At present there is no oversight group providing governance over the principles, policies or procedures for use of the Internet or the information and data accessed via the Internet. In order to facilitate their contractual relationship the Customer and HostingBrand.com wish to define a working protocol of principles and policies and establish operating guidelines and acceptable standards of use of the Internet. To this end the parties agree as follows:
Principles Governing Acceptable use of the Internet by the
Customer
Responsibility and Respect
The Internet is a network intended for use by mature, adult users. The Customer
recognizes this principle and undertakes at all times to act with respect,
courtesy and responsibility, giving due regard to the interests and rights of
other Internet user groups. This general guideline carries with it the following
specific responsibilities:
Knowledge of the Internet
The Customer agrees to obtain a basic knowledge of the Internet and its
operating principles and procedures.
Improper Uses
The Customer will avoid violation of certain generally accepted guidelines on
Internet usage such as restrictions on mass mailings and mass advertisements,
pirating or copying of software, mail bombing or other methods of attempting to
deny service or access to other users, and attempts to violate security.
Compliance with Laws
The Customer will ensure that its use of the HostingBrand.com services complies
with all applicable federal, state and local law and regulation, including but
not limited to those principles of law which protect against compromise of
copyrights, trade secrets, proprietary information and other intellectual
property rights, libel or defamation of character, invasion of privacy,
tortuous interference, and export of technical or military data to prohibited
countries.
Validation of Information
The Customer is responsible for validating the integrity of the information and
data it receives or transmits over the Internet.
Security
The Customer is required to protect the security of its account and usage. The
Customer(s) password will be treated as private and confidential and not
disclosed to or shared with any third parties.
Discretion and Judgment
The Customer is expected to use discretion in the treatment and handling of
Internet information and data and to take particular care to insure that adult
information is not transmitted to juvenile users of the Internet.
Pornography
Due to legal and social issues, we will not accept any new customers who
publish pornographic images. If an existing customer publishes pornographic
images, HostingBrand.com may issue a warning and/or suspend your account.
Excessive CPU usage
Customers will not be allowed to use excessive amounts of CPU processing on any
of our servers or face immediate suspension. For example: 1) a few customers
have tried re-selling our counters or auto-responders to the rest of the world
that caused an excessive amount of requests on our server(s). 2) E-mail bombs.
3) Re-selling CGI access to other third parties.
HostingBrand.com is the sole arbiter as to what
constitutes violation of its terms of service provision.