Webhost-Central will host an account for the purchaser hereafter referred to as the Account Holder, for their chosen domain name, for the period of time according to the payment plan chosen .
This contract will be automatically renewed at the end of its term. Termination of services must be given in written form, email, fax or letter 14 days prior to the termination date. Phone notification is not acceptable.
The undersigned Account Holder agrees to abide by the following provisions of this service contract and may have to agree to additional provisions from Webhost-Central covering this and/or any future services added to this agreement.
1. The Web Hosting account and/or related electronic services can only be used for legal purposes under all international, federal, provincial, and municipal laws. Violations of this or any other provision of this agreement can result in a 30 day notice to terminate service or an immediate termination of service depending upon the severity of the violation.
Webhost-Central reserves the right to refuse service if the content of information provided is deemed illegal, misleading, or obscene, in the opinion of Webhost-Central. Account Holder agrees not to store, transmit, link to, advertise or make available any images containing nudity or semi-nudity. Webhost-Central will make the final decision in any dispute over unacceptable context, and Account Holder agrees to accept Webhost-Central decision.
2. 1-Host Web Hosting reserves the right to increase prices at any time. If this service is paid monthly or quarterly it may be subject to future price increases. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of their password. Webhost-Central will not change passwords to any account with out proof of identification which is satisfactory to Webhost-Central , 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 Webhost-Central will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Webhost-Central be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise.
3. The Account Holder agrees not to harm Webhost-Central , its reputation, computer systems, programming and/or other Account Holders using Webhost-Central. Webhost-Central reserves the right to select the computer for Account Holdes web-site for best performance. If Account Holder breaches this agreement, then Webhost-Central has the right to terminate service without any refunds of the unused portion prepaid by Account Holder. The Account Holder agrees to indemnify and hold harmless both Webhost-Central and any other Account Holder from any and all claims and/or costs resulting from the Account Holders use or abuse of their service in any manner.
4. Account Holder understands this service is provided on a shared server. This means that one web-site can not overwhelm the sever with heavy CPU usage from highly active CGI scripts or chat scripts. If your web-site overwhelms the server and causes complaints from the other users, you have outgrown the realm of shared servers, and will need to relocate your web-site. Webhost-Central will refund any unused portion of prepaid services. If at any time, Account Holder breaches any part of this contract and Webhost-Central must engage in the services of an attorney, then Account Holder will pay any and all of Webhost-Central's reasonable attorney fees and court costs. The Account Holder's rights and privileges cannot be sold or transferred without written consent from Webhost-Central.
5. This contract represents the complete understanding between the parties. If Account Holder sells or resells advertising or webspace to a third party then Account Holder will be responsible for the contents of that advertising and the actions of that third party. Webhost-Central has the right to reject any illegal or offensive content. The e-mail distribution by the Account Holder of "SPAM" , "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If Account Holder refuses to remove any content found objectionable by Webhost-Central , Webhost-Central may terminate service.
6. Webhost-Central will use its best efforts to maintain a full time Internet presence for Account Holder. The network may be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. Account Holder agrees that these events may or may not occur and Account Holder will hold Webhost-Central , its employees, owners, contractors, free and harmless from any damages incurred in any event of any type of loss resulting from any reason whatsoever. Webhost-Central total liability under all circumstances will never exceed the amount paid by Account Holder for duration of this agreement. If Account Holder selects the discount for 12 months prepaid service then any amounts prepaid cannot be refunded by Webhost-Central in the event Account Holder stops using this service.
7. DISCLAIMERS OF WARRANTY; LIMITATIONS ON Webhost-Central's OBLIGATIONS AND LIABILITIES
A. Webhost-Central's liability to Account Holder hereunder is limited to the amount paid to and received by Webhost-Central for services not accepted. Webhost-Central is proud of its record in providing state-of-the-art, reliable services, and will use its best efforts to maintain performance at the high level to which its Account Holders have become accustomed, but Webhost-Central MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Webhost-Central CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA STORED OR TRANSMITED VIA ITS SYSTEM. NEITHER Webhost-Central NOR ANYONE ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO THIS AGREEMENT WILL BE LIABLE TO Account Holder OR ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES OF ANY KIND (DIRECT, CONSEQUENTIAL, SPECIAL, OR ANY OTHER) THAT ARISE OUT OF THE USE OR INABILITY TO USE SUCH SERVICES, whether or not resulting from fault or negligence on 1-Host's part, even if 1-Host has been advised as to the possibility of such damages. Some jurisdictions may prohibit certain disclaimers, so the above disclaimers may not apply. Account Holder's local jurisdiction's laws will apply only to the extent they override this agreement.
B. Account Holder will take all necessary measures to preclude 1-Host from being made a party to any lawsuit or claim regarding Webhost-Central services provided to Account Holder. Account Holder hereby agrees to indemnify and hold harmless Webhost-Centralt from any and all such lawsuits or claims.
8. PROPERTY RIGHTS
Webhost-Central owns all right, title and interest in and to Webhost-Central's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function,or operation of Plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to Account Holder to use Webhost-Central's trade names or service marks. Any such license must be the subject of a separate written agreement.
A. Webhost-Central will not sell, and will not knowingly disclose, its Account Holder lists or Account Holder email or listserv address lists (although it cannot guarantee that such information will never be found out). Webhost-Central will cooperate with those attempting to minimize net abuse, and reserves the right to institute "filters" or other mechanisms as part of its efforts to reduce net abuse.
B. Webhost-Central will not monitor or disclose Account Holder's private email messages unless required to do so by court order or law, but Webhost-Central will cooperate with law enforcement authorities and will notify such authorities if it suspects that Account Holder is engaged in illegal activities.
Account Holder acknowledges that by reason of its relationship with Webhost-Central hereunder, it may have access to certain information and materials relating to Webhost-Central's business plans, Account Holders, software technology, and marketing strategies that is confidential and of substantial value to Webhost-Central, which value would be impaired if such information were disclosed to third parties. Account Holder agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by Webhost-Central. Account Holder further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement, Account Holder shall not disclose any such confidential information in its possession, and shall return all confidential materials to Webhost-Central or destroy them, at Webhost-Central's option. The provisions of this section shall survive the termination of this agreement. Upon any breach or threatened breach of this section, Webhost-Central shall be entitled to injunctive relief.
11. RELATIONSHIP OF THE PARTIES; NATURE OF AGREEMENT
The relationship between Webhost-Central and Account Holder is that of vendor and vendee. The parties shall not be construed as being joint venturers, franchiser/franchisee, or employer/employee. Even if Account Holder is an individual, this agreement is a commercial agreement entered into for business purposes, not a consumer agreement. Account Holder has no authority, apparent or otherwise, to contract for or on behalf of Webhost-Central, or in any other way legally bind Webhost-Central in any fashion, nor shall Account Holder be authorized to make any representations about Webhost-Central or its services other than to set forth the contents of this agreement, of any Plan(s) contracted for, and of any rules and regulations promulgated by Webhost-Central from time to time.
12. ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. Webhost-Centralt may make changes to this agreement upon thirty (30) days' written notice to Account Holder, advising of the change and the effective date thereof. Utilization of Webhost-Central services by Account Holder and/or its Account Holders following the effective date of such change shall constitute acceptance by Account Holder of such change(s). Otherwise, this agreement may not be modified except by the of written consent of both parties.
Go to our Acceptable Uses Policy page for more on this.
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