User may not run any formmail.pl program earlier than version 1.92
Although we advertise unlimited bandwidth, we reserve the right to inform
you that you must transfer your website if an excessive amount of bandwidth is
being used. User may not purchase more than 1 hosting package and link them
together in an attempt to get around our bandwidth or website size
restrictions. We currently do not allow websites that exceed 15 GB of
bandwidth per month to host on our servers. If the request is not met within 5
days, we do reserve the right to remove the website from our system.
You agree not to post any of the following restricted contents: Illegal,
Abusive or Unethical Activities include, but are not limited to, pornography,
obscenity, nudity, violations of privacy, hacking, computer virus, gambling,
or promotion of gambling, and any harassing or harmful materials or uses, as
determined by us. You agree to indemnify and hold us harmless from any claim
resulting from your publications or use of Illegal, Abusive or Unethical
materials.
We reserves the right to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole and absolute discretion, are
unacceptable, undesirable, or in violation of this Agreement.
Right to Cancel
We reserve the right to cancel Service for any reason without prior notice.
In the event that a user's service is cancelled for a reason outside of this
TOS, we will refund the user the unused portion of that month's service at the
time of cancellation.
System Backups
We do not and will not perform system backups on any User's E-mail
account(s). We shall not be held responsible for any lost E-mail data, email
attachments, or any E-mail message contents, regardless of the reasoning for
data loss or system causes. Except as otherwise set forth herein, we will not
provide historical data, to any party for any reason, regarding any system or
Internet activity.
Although we do perform system backups on hosting content, we shall not be
held responsible for any lost web data, web files, or any website contents,
regardless of the reasoning for data loss or system causes. User should always
keep their own backup of their website. Except as otherwise set forth herein,
We will not provide historical data, to any party for any reason, regarding
any system or Internet activity.
We do not perform backups on the mysql databases. We shall not be held
responsible for any lost data. User should always keep their own backup of
their database content.
No Confidentiality
Information transmitted through us and through the Internet in general is
not confidential. We can not and shall not guarantee privacy or protection of
any User. We reserve the right to monitor any User's transmissions when deemed
necessary for providing proper service and/or to protect the rights and
property of our company.
Failure to Comply With Terms and Conditions
We may deny User access to all or part of the Service without notice if
User engages in any conduct or activities that we in our sole discretion
believes violates any of the terms and conditions in this Agreement. If we
deny User access to the Service because of such a violation, User shall not
have the right (1) to access through us any materials stored on the Internet,
(2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be
forfeited, (3) to access third party services, merchandise or information on
the Internet through us, and we shall have no responsibility to notify any
third-party providers of services, merchandise or information nor any
responsibility for any consequences resulting from lack of notification.
Miscellaneous
In the event that any portion of this Agreement is held to be
unenforceable, the unenforceable portion shall be construed in accordance with
applicable law as nearly as possible to reflect the original intentions of the
parties and the remainder of the provisions shall remain in full force and
effect.
Our failure to insist upon or enforce strict performance of any provisions
of this Agreement shall not be construed as a waiver of any provision or
right. Neither the course of conduct between parties nor trade practice shall
act to modify any provision of this Agreement.
We may modify this Agreement from time to time by placing a notice of such
modification on our website, and User's continued use of the Service following
notice of such modification shall be deemed to be User's acceptance of any
such modification. It is User's responsibility to check this online area
regularly to determine whether this Agreement has been modified. If User does
not agree to any modification of this Agreement, User must immediately stop
using the Service.
This Agreement shall be governed by and construed in accordance with the
laws of the State of Washington without regard to its conflicts of law
provisions. Any cause of action User may have with respect to the Service must
be commenced within one (1) year after the claim or cause of action arises or
such claim or cause of action is barred.
We shall not be liable or deemed to be in default for any delay or failure
in performance under this Agreement or interruption of service resulting
directly or indirectly from acts of God, civil or military authority, acts of
public enemy, war, riots, civil disturbances, insurrections, accidents, dire,
explosions, earthquakes, floods, the elements, strikes, labor disputes,
shortages of suitable parts, materials, labor or transportation or any cause
beyond our reasonable control.
Venue for litigation of any dispute, controversy, or claim arising out of,
in connection with, or in relation to this Agreement, or the breach thereof,
naming us as the defendant, shall be proper only in a venue determined by us.
In any action between us and User to enforce any of the terms of this
Agreement, We shall be entitled to recover expenses, including reasonable
attorney's fees.
This Agreement constitutes the entire agreement between User and us with
respect to the Service.
