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4CheapHosting.net - WebHosting Agreement / Terms

4Cheap Net ("4CheapHosting Network") provides Internet Web hosting. 4CheapHosting Network is the sole and final arbiter as to the terms and conditions of the following. Hosting accounts are subject to the terms outlined below. By accepting services from 4CheapHosting Network, you agree to be bound by the following standard applicable policies: Hosting Account Content All services provided by 4CheapHosting Network may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any US-European or international law is prohibited. This includes, but is not limited to, Copyrighted material, material we judge to be threatening or obscene, material protected by trade secrets and other statutes. The subscriber ("User") agrees to indemnify and hold harmless 4CheapHosting Network from any claims resulting from the use of the service which damages the subscriber or any other party. All materials stored in the site will be directly those of the owner and user of the site. To ensure proper use of legitimate sites, all HTML pages MUST be linked to files (.HTML, .jpg, .gif, etc.) stored on 4CheapHosting Network server and vice versa. Any CGI/PERL, PHP, JAVA or any other scripts that consume large amounts of CPU usage or memory are also not allowed. No client may store extra files unused or unspecified for the account. We don't permit the use of the account for backup, archive or any other store reason apart from the presentation of text and images as we clearly stated before. All files with the extention .zip .rar .tar .tgz or any other related format or files that intentionally users rename so that will not have the suffix of archive file format are forbidden. Note: Pornography and pornographic related merchandising or free adult sites are prohibited on all of the 4CheapHosting Network Web Hosting Services. This includes sites that include links to pornographic content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to 4CheapHosting Network servers or any other server on the Internet. Links to such materials are also prohibited. Further examples of unacceptable content or links include pirated software, "hacker" programs, archives of "Warez Sites", game rooms or MUDs, Chat Rooms, any illegal audio/video (mp3, illegally recorded samples etc.), any MPEG or MP3 content or streaming (i.e. Real Audio or Real Video) content of any kind. Unsolicited Commercial E-mail / E-mail Spamming Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site. It is contrary to 4CheapHosting Network policy for customers to use our servers to effect or participate in any of the following activities: Sending spam mentioning an email address for any domain hosted by 4CheapHosting Network, sending spam mentioning a domain hosted by 4CheapHosting Network, sending spam mentioning an IP address hosted by 4CheapHosting Network, to post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list, posting references of adult sites to non-adult newsgroups, posting advertisements on IRC, ICQ, or any other public chat system, to send unsolicited mass e-mailings if such unsolicited e-mailings provoke complaints from the recipients, to engage in any of the foregoing activities using the service of another provider, but channeling such activities through a 4CheapHosting Network provided server, or using a 4CheapHosting Network provided server as a maildrop for responses, to falsify user information provided to 4CheapHosting Network or to other users of the service in connection with use of a 4CheapHosting Network service. User will be charged a minimum $100.00 service charge for each instance of verifiable spam that is reported to 4CheapHosting Network and faces account suspension and/or termination. 4CheapHosting Network will be the sole arbiter as to what constitutes a violation of these provisions. Security/Software User agrees to take all steps reasonable, necessary, and prudent to protect User's login id and password. User agrees not to attempt to undermine or cause harm to any server, software, system or customer of 4CheapHosting Network. User agrees to maintain Users' computing equipment responsibly, including running virus software. Uploading a virus to a 4CheapHosting Network server will result in account termination, service charges and/or prosecution. User acknowledges that 4CheapHosting Network cannot provide technical support for any software and/or script that the User installs. User also acknowledges that 4CheapHosting Network does not supply technical support for Microsoft Frontage, other than initial configuration. 4CheapHosting Network supplies technical support for Web hosting issues only. 4CheapHosting Network does not offer phone/voice support. All support issues will be forwarded with emails from-to User and only the issues regarding the normal operation of the virtual server will be answered. 4CheapHosting Network shall be the sole arbiter as to what constitutes a "Web host" issue. Violation/ Internet network Websites which 4CheapHosting Network must suspend or cancel due to violation of these rules are not eligible to receive a refund of any kind and are subject to charges for usage of resources at twice the standard rate for such resources. Acceptance of these Policies constitutes an acceptance of any fines, penalties or service charges which might arise out of violation of these policies. 4CheapHosting Network reserves the right to make the judgment call on behalf our other 4CheapHosting Network clients who expect us to maintain our servers at maximum efficiency. Also 4CheapHosting Network may resell domains from companies that cooperates without informing the user or any other party. 4CheapHosting Network is the sole arbiter for which domains will be hosted under company's network or other internet networks. 4CheapHosting Network can act also as Internet Domain Hosting Broker if the circumstances require. Any attempt to undermine or cause harm to a 4CheapHosting Network server or another customer's Web presence is strictly prohibited. 4CheapHosting Network reserves the right to remove any account without prior notice. 4CheapHosting Network may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of 4CheapHosting Network clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Violation of these policies may result in legal action, service charges or a combination thereof. Terms and Termination User has 10 days from date of the order form according to the details of the form he filled to be eligible for an agreement termination unless an offer or a 30 money back guarantee is valid for this service. If the User cancel this agreement within 10 days from the day he signed, 4CheapHosting Network will charge him 30USD for the legal and technical expenses of this termination. After these first 10 days 4CheapHosting Network will charge the user for the total sum of the subscription time if the User wants to cancel the agreement. 4CheapHosting Network does not consider the following but not limited reasons as a reason for cancellation at any time : late cancellation, unused time, slow connection caused by client's ISP/network, client's ignorance, InterNIC delays, already having logged in to his or her account many times, having used the account for whatever reasons or purposes, or account termination for violation of policies. By submitting a credit card at the order form, User agrees to authorize all recurring charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees. 4CheapHosting Network reserves the right to terminate this agreement, and to delete the Website from its hardware, immediately upon the occurrence of any of the following events: Non payment of any charges due from User. Breach of any term or condition of this agreement by User. Commencement of any lawsuit or proceeding against User arising from or relating to its use of the Website, whether or not such suit names Provider as a party or seeks and recovery from 4CheapHosting Network. Accounts which have balances outstanding shall be deemed to be in default and subject to termination of service. User shall be responsible for all costs of collection, including reasonable attorney's fees and court costs, in event of a default for nonpayment of any amounts due 4CheapHosting Network. Pricing The pricing policy may change any time. Customers pay for the hosting fee that was valid the time they signed until their subscription exprires. After that the subscription fee updates with the valid prices of the day they renew the subscription. Indemnification of Provider/Relationship of Parties User agrees to indemnify and hold 4CheapHosting Network harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to User's Website provided hereunder. Nothing contained herein shall be deemed to create a relationship between 4CheapHosting Network and User in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that 4CheapHosting Network has no interaction with the data or substance of User's Website, except as necessary to maintain the Website. This agreement is effective for every future website the subscriber will order or website that the subscriber can resell after the approval of 4CheapHosting Network. For the resold websites the subscriber takes the responsibility for his client and he face client account termination if his client doesn't follow the rules of this agreement. Refusal of Service 4CheapHosting Network reserves the right to refuse or cancel service at our sole discretion with no refunds. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation. This agreement shall be governed in all respects under the US-European laws to contracts made, accepted and performed wholly in Europe, without application to principles of conflict of laws, and User and 4CheapHosting Network agree that the sole venue and jurisdiction for any disputes arising from this agreement shall be the appropriate court located in Europe. Disclaimer EXCEPT AS SPECIFICALLY SET FORTH IN THESE STANDARD APPLICABLE POLICIES, 4CheapHosting Network MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SERVICES PROVIDED, AND 4CheapHosting Network SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY 4CheapHosting Network ITS EMPLOYEES AND ITS COOPERATOR COMPANIES OR OTHER CAUSES. THE SOLE CUMULATIVE LIABILITY OF 4CheapHosting Network FOR ALL CLAIMS MADE BY USER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO 4CheapHosting Network BY THE USER. Note: 4CheapHosting Network reserves the right to revise or change these policies at any time. Last update : 10-Nov-2003 13:20

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