247-host.com Acceptable
Use Policy ("AUP") is provided to give our customers and
users a clear understanding of what 247-host.com expects
of them while using the service. All users of 247-host.com
services: those who access some of our Services but do not
have accounts, as well as those who pay a service fee to
subscribe to the Services, must comply with this AUP and
our TOS (Terms of Service). Use of 247-host.com Service
constitutes acceptance and agreement to 247-host.com AUP
as well as 247-host.com TOS (Terms of Service)
Acceptable Use
247-host.com's services may only be used for lawful
purposes. Transmission of any material in violation of
International, Federal or State regulation is prohibited.
This includes but is not limited to: material legally
judged to be threatening or obscene, or material protected
by trade secret laws.
If you are found in violation of the 247-host.com Hosting
Acceptable Use Policy and Terms of Use. Your account will
be terminated without notice and you will forfeit all
of the moneys that have been paid to 247-host.com.
Examples of content that is not acceptable on 247-host.com
Servers: "Pirated software" or "Warez", "Hacker programs
and/or archives", "IRC Bots", "Gambling Related","Copy
righted Mp3's", cgi-based message boards.
You specifically agree to indemnify and hold 247-host.com
harmless from any claims resulting from a breach of these
terms, and/or their use of the service, which damages
another.
Warez - Includes pirated software, ROMS, emulators,
phreaking, hacking, password cracking. IP spoofing, etc.,
and encrypting of any of the above. Also includes any
sites which provide "links to" or "how to" information
about such material.
We welcome and allow adult sites . All
adult sites must have a warning entrance page, all models must be 18+, and you must
abide by all laws within the USA AND your country if different
from USA
Spam
SPAM in any shape or form is NOT permitted and is grounds
for immediate account termination. Mailing lists via a
mailing list manager are acceptable as long as the list
are OPT-IN list that people have signed up for. Spam complaints
from other users will not be tolerated.
Internet Relay Chat (IRC) traffic is not permitted
on our servers in any of its many forms including, but
not limited to: bots and IRC servers. Chat rooms may be
allowed on per use basis, so please ask one of our support
staff before setting one up. (Some cgi/perl based chat
rooms over utilize the server processor.)
Web Site Hosting And Email
We make no representation and give no warranty as to
the accuracy or quality of information received by any
person via the Server and we shall have no liability for
any loss or damage to any data stored on the Server.
You shall effect and maintain adequate insurance coverage
in respect of any loss or damage to data stored on the
Server. You represent, undertake and warrant to us that
you will use the Web Site allocated to you only for lawful
purposes. In particular, you represent, warrant and undertake
to us that you will not use the Server in any manner which
infringes any law or regulation or which infringes the
rights of any third party, nor will you authorize or permit
any other person to do so.
You shall not post, link to or transmit: (a) Any material,
which is unlawful, threatening, abusive, malicious, defamatory,
blasphemous, profane or otherwise objectionable in any
way. (b) Any material containing a virus or other hostile
computer program. (c) Any material which constitutes,
or encourages the commission of, a criminal offence or
which infringes any patent, trade mark, design right,
copyright or any other intellectual property right or
similar rights of any person which may subsist under the
laws of any jurisdiction.
You shall keep secure any identification, password
and other confidential information relating to your account
and shall notify us immediately of any known or suspected
unauthorized use of your account or breach of security,
including loss, theft or unauthorized disclosure of your
password or other security information.
You shall observe the procedures, which we may from time
to time prescribe and shall make no use of the Server,
which is detrimental to our other customers.
You shall procure that all mail is sent in accordance
with applicable legislation (including data protection
legislation) and a secure manner.
In the case of an individual User, you warrant that
you are at least 18 years of age and if the User is a
company, you warrant that the Services will not be used
by anyone under the age of 18 years.
Any access to other networks connected to 247NetHosting.com
must comply with the rules appropriate for those other
networks.
while we will use every reasonable endeavor to ensure
the integrity and security of the Server, we do not guarantee
that the Server will be free from unauthorized users or
hackers and we shall be under no liability for non-receipt
or misrouting of email or for any other failure of email.
Intellectual Property Rights
you shall obtain any and all necessary consents and
clearances to enable you lawfully to make use of all and
any intellectual property rights through the Services,
including without limitation, clearance and/or consents
in respect of your proposed domain name.
Service Availability
We shall use our reasonable endeavors to make available
to you at all times the Server and the Services but we
shall not, in any event, be liable for interruptions of
Service or down-time of the Server.
We shall have the right to suspend the Services at
any time and for any reason without notice, but if such
suspension lasts or is to last for more than 30 days you
will be notified of the reason.
The Services provided to you hereunder and your account
with us cannot be transferred or used by anyone other
than you. No more than one login session under any one
account may be used at any time by you. User programs
may be run only during login sessions. If your account
is found to have been transferred to another party, or
shows other activity in breach of this sub clause, we
shall have the right to cancel the account and terminate
the Services and/or this Agreement immediately.
Termination We can not stress this enough the
following sites are prohibited: hate, warez, illegal anything,
illegal content, software trading, download libraries,
chat room programs, internet search engines, copyright
infringement, trademark infringement, bulk emailing, unsolicited
emailing, newsgroup spamming, spam, spam related products
and/or "anything else determined by us to be unacceptable
use of our Hosting Services servers including abuse of
server resources will be grounds for immediate termination
of service without notice" are expressively forbidden
and sites containing banned materials are subject to immediate
termination without refund.
Without in any way limiting our (247-host.com) rights.
If a site violates these terms in any way, shape, or form,
the site will be deleted from our network. If 2
violations occur within a 90 day period the site will
be blocked from our network. Our warning schedule
is below. First Warning When you (or your clients) upload
illegal content you (or your clients) are knowingly violating
the terms of service. Therefore there is no need for a
first warning. When you upload illegal files which
violate these terms you know what you are doing is against
our policies. Second Warning There is no second warning,
the domain is deleted. You may recreate the domain, however
if illegal content is found on this domain again the domain
will be blocked from our servers. Questionable Situations
If we find content that is questionable and may or may
not violate the terms of service we will contact you.
An example of a situation like this is a band hosting
their own music on our servers. However, you can avoid
this step if you notify us. If you are a band or if you
are planning to upload a large amount of files that are
questionable please notify us before you upload so we
are aware of the situation. This will keep everyone happy.
if you fail to pay any sums due to us as they fall
due, we may suspend the Services and/or terminate this
Agreement forthwith without notice to you.
if you break any of these terms and conditions, we
may terminate this Agreement forthwith upon written notice.
if you are a company and you go into insolvent liquidation
or suffer the appointment of an administrator or administrative
receiver or enter into a voluntary arrangement with your
creditors, we shall be entitled to terminate this Agreement
forthwith without notice to you.
On termination of this Agreement or suspension of the
Services we shall be entitled immediately to block your
Web Site and to remove all data located on it. We shall
be entitled to delete all such data but we may, at our
discretion, hold such data for such period as we may decide
to allow you to collect it at your expense, subject to
payment in full of any amounts withstanding and payable
to us. We shall further be entitled to post such notice
in respect of the non-availability of your Web Site as
we think fit. Accounts may be cancelled by
the user with a 7 day notice. 247NetHosting reserves
the right to cancel any account with or without notice..
247-host.com expects that its subscribers who provide
Internet services to others will comply fully with all
applicable laws concerning the privacy of on-line communications.
A subscriber's failure to comply with those laws will
violate 247-host.com policy. Finally, 247-host.com wishes
to emphasize that in signing the service agreement, subscribers
indemnify 247-host.com for any violation of the service
agreement, law, or 247-host.com policy, that results in
loss to 247-host.com or the bringing of any claim against
247-host.com by any third-party. This means that if 247-host.com
is sued because of a subscriber's or customer of a subscriber's
activity, the subscriber will pay any damages awarded
against 247-host.com , plus costs and reasonable attorneys'
fees.
Limitation Of Liability
All conditions, terms, representations and warranties
relating to the Services supplied under this Agreement,
whether imposed by statute or operation of law or otherwise,
that are not expressly stated in these terms and conditions
including, without limitation, the implied warranty of
satisfactory quality and fitness for a particular purpose
are hereby excluded.
Our total aggregate liability to you for any claim
in contract, tort, negligence or otherwise arising out
of or in connection with the provision of the Services
shall be limited to the charges paid by you in respect
of the Services, which are the subject of any such claim.
In any event no claim shall be brought unless you have
notified us of the claim within 6 months of it arising.
In no event shall we ever be liable to you for any
loss of business, contracts, profits or anticipated savings
or for any other indirect or consequential or economic
loss whatsoever.
Notices
Any notice to be given by either party to the other
may be sent by either email, fax or recorded delivery
to the address of the other party as appearing in this
Agreement or ancillary application forms or such other
address as such party may from time to time have communicated
to the other in writing, and if sent by email shall unless
the contrary is proved be deemed to be received on the
day it was sent or if sent by fax shall be deemed to be
served on receipt of an error free transmission report,
or if sent by recorded delivery shall be deemed to be
served two days following the date of posting.
Payment
All payments must be in US Dollars. PayPal and Credit
Card (Visa, MasterCard, American Express and Discover)
is currently the method of payment used by 247-host.com.
We do also accept Check and Money order. Please
contact us
to pay via money order or paypal.
All charges payable by you for the Services shall be
in accordance with the scale of charges and rates published
from time to time by us on our web site and shall be due
and payable in advance of our service provision.
Without prejudice to our other rights and remedies
under this Agreement, if any sum payable is not paid on
or before the due date, we shall be entitled forthwith
to suspend the provision of Services to you.
Headings
Headings are included in this Agreement for convenience
only and shall not affect the construction or interpretation
of this Agreement.
Entire Agreement
These terms and conditions together with any documents
expressly referred to in them, contain the entire Agreement
between us relating to the subject matter covered and
supersede any previous Agreements, arrangements, undertakings
or proposals, written or oral: between us in relation
to such matters. No oral explanation or oral information
given by any party shall alter the interpretation of these
terms and conditions. In agreeing to these terms and conditions,
you have not relied on any representation other than those
expressly stated in these terms and conditions and you
agree that you shall have no remedy in respect of any
misrepresentation, which has not been made expressly in
this Agreement. Misuse Of Resources
Including but not limited to employing applications
which consume excessive CPU time and Chat/IRC scripts
are not allowed on our network under any circumstances.
If you are unsure about content you intend to place
on our network, please check with us before you do. We
reserve the right to determine what constitutes acceptable
use. We may amend these terms of service with or without
notice.
You are responsible for any domains that are placed
onto our servers.
We do reserve the right to edit the terms of service
at any time with or without notice.
