to terms and conditions/policies)
This Services Agreement (the "Agreement")
contains the complete terms and conditions which govern your subscription
of Web hosting, e-Commerce and other Internet-related services provided
by hostproof.com (the "Services"). As used in this Agreement,
"hostproof.com" means hostproof.com and "Client", "you",
or "your" means you. By clicking on the "Submit Order"
button, you acknowledge that you have read the Agreement, and you agree
to its terms and conditions and all policies posted on the hostproof.com
site. As referred to in this Agreement, "Site" refers to a World
Wide Web site and "hostproof.com Site" refers to the Site located
at the URL http://www.hostproof.com , or any other successor Sites owned
or maintained by hostproof.com.
1. APPROPRIATE USE OF THE SERVICES.
hostproof.com provides the Services exclusively
and makes no effort to edit, control, monitor or restrict the content
of data other than as necessary to provide such Services.
Client Content. Client
agrees that it will not distribute, electronically transmit or display
any materials supplied by Client - or through Client by a third party
- to any hostproof.com server in connection with Client's use of the Services
violate any state, federal or foreign laws or regulations;
infringe on any intellectual property rights (e.g., copyright, trademark,
patent or other proprietary rights) of hostproof.com or any third party;
are defamatory, slanderous or trade libelous;
are threatening or harassing;
are discriminatory based on gender, race, age or promotes hate
violate any hostproof.com policy posted on the hostproof.com Site including,
but not limited to, our Acceptable Use Policy (includes Adult Content
Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
contain viruses or other computer programming defects which result in
damage to hostproof.com or any third party.
may occupy only the amount of disk space on the hostproof.com Server and
utilize no more than the network bandwidth that is allotted by hostproof.com.
Additional fees, specified in the Virtual Host plans page, will be charged
for exceeding the disk space and/or network bandwidth allowance of your
Client shall not use the Services for chain letters, junk mail, spamming,
or any use of distribution lists to any person who has not given specific
permission to be included in such a process. Client also shall not engage
in any unsolicited email practices at hostproof.com, or otherwise, that
mentions or reference any domain hosted on hostproof.com servers or parked
on hostproof.com DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER
ACCOUNTS, RESELLERS AND THEIR RESOLD ACCOUNTS, DEDICATED SERVER CUSTOMERS,
AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER.
(Violators will be fined! Refer to our UCE (SPAM) Policy).
Licensed Software Only. Client
agrees to use only properly licensed third party software in connection
with Client's use of the Services.
Back-Up Files. Client
will have the ability to reinstate files which are automatically archived
by hostproof.com; however, hostproof.com does not guarantee the existence,
accuracy, or regularity of its backup services and, therefore, Client
is responsible for making back-up files in connection with its use of
the Services. Backup capability is available through the Clients Control
Panel. A charge may apply if the Client orders a restore.
hostproof.com reserves the right to refuse service to anyone. hostproof.com,
in its sole discretion, may immediately terminate this Agreement if Client
engages in any of the foregoing. To report any unacceptable behavior by
a third party using the Services, please contact firstname.lastname@example.org.
2. PAYMENT OBLIGATIONS
Service Fees. Every month hostproof.com shall
either (i) debit Client's credit card (where such information is provided
by Client) or (ii) deliver by e-mail or regular mail an invoice to Client
in accordance with the applicable Services fees for services rendered
for the current month. Where an invoice is delivered to Client, Client
shall remit payment to hostproof.com by no later than the specified payment
due date. hostproof.com shall be entitled to immediately terminate this
Agreement for Client's failure to make timely payments to hostproof.com.
Certain services carry a set-up fee charged by hostproof.com to Client
that must be paid by Client in order to have use of the Services. If Client
terminates this Agreement in accordance with Section 4 hereunder, Client
shall be responsible for any outstanding fees owed to hostproof.com and
agrees to pay any and all fees incurred by Client. Because the Services
are provided on a monthly basis, Client will be responsible for Service
fees incurred each month regardless of when Client provides notice of
termination. Thus, for example, if Client provides notice to terminate
on the 15th of a particular month, Client will still owe fees for the
entire month and such fees will not be pro-rated or refunded. If Client
has retained the Services for one (1) year and has pre-paid hostproof.com
for such Services, refunds will be issued for any unused full month portions
of the Services upon Clients request. Therefore, if Client's account is
cancelled at any point during the one (1) year term, Client will be entitled
to a refund for the months remaining after notice given by the 25th of
the preceding month.
Domain Names. If Client chooses to register a domain name(s) through hostproof.com,
Client acknowledges and agrees that Client will pay a registration fee(s)
to register the domain name(s) with the applicable domain name registrar.
hostproof.com does not offer refunds for domain name registrations for
any reason, including misspelling of the domain name.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall hostproof.com
be liable to any third party for Client's breach or alleged breach of
any of the terms and conditions set forth in this Agreement. Client agrees
to defend, indemnify and hold harmless hostproof.com from any and all
expenses, losses, liabilities, damages or third party claims resulting
from Client's breach or alleged breach of any Client obligations set forth
4. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this
Agreement shall be effective on the date you register for the Services,
and shall continue in effect on a month-to-month basis unless otherwise
specified by separate agreement (the "Term") unless terminated
earlier pursuant to the provisions of this Section 4. Either party will
have the right to terminate this Agreement upon notice to the other party.
If Client is terminating this Agreement, Client must follow instructions
for cancellation provided on the Server Cancellation Information page.
The essence of this page states that Client must contact the hostproof.com
to receive a cancellation number, which Client shall retain as proof of
termination, and all cancellation requests must be received by the Twenty-Fifth
(25th) of the respective month of cancellation. Any other attempt by Client
to cancel this Agreement by written or e-mail notice shall be void. Sections
3 - 8 shall survive termination or expiration of this Agreement.
If Client terminates its account, Client shall be allowed to re-instate
Client's use of the Services within Seven (7) business days of cancellation.
Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement
of Client's account. Once payment has been received, Client's account
will be activated within Forty-Eight (48) business hours. hostproof.com
will maintain an archival copy of Client's Web site for Seven (7) days
after hostproof.com receives notice of cancellation. Thereafter, Client
will need to place a new order if it wishes to subscribe to the Services.
Client will pay and indemnify and hold hostproof.com
harmless from any and all taxes associated with or arising from Client's
use of the Services, including any penalties and interest and any costs
associated with the collection or withholding thereof.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE hostproof.com SITE, INCLUDING
WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON
THE hostproof.com SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS
ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY
KIND. hostproof.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR
ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, hostproof.com SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED;
(3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY
METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL hostproof.com BE LIABLE FOR
DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE hostproof.com
SITE OR ANY hostproof.com PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL,
INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT
OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN
NO EVENT SHALL hostproof.comS CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER
THAN FIVE HUNDRED DOLLARS ($500 US).
Notices. Any notices or communication under this
Agreement shall be in writing and shall be deemed delivered to the party
receiving such communication at the address specified below (1) on the
delivery date if delivered personally to the party, or a representative
of the party; (2) one business day after deposit with a commercial overnight
carrier, with written verification of receipt; (3) five business days
after the mailing date, whether or not received, if sent by postal mail,
return receipt requested; (4) on the delivery date if transmitted by confirmed
If to hostproof.com:
Austria / Europe
If to Client:
Name and address provided for account setup.
If any of the provisions, or portions thereof, of this Agreement are found
to be invalid under any applicable statute or rule of law, then, that
provision notwithstanding, this Agreement shall remain in full force and
effect and such provision or portion thereof shall be deemed omitted.
This Agreement (including the Exhibits, attachments and/or addenda, if
any,) represents the entire agreement of the parties with respect of the
subject matter hereof and supersedes all prior and/or contemporaneous
agreements or understandings, written or oral between the parties with
respect to the subject matter hereof. This Agreement and the rights granted
and obligations undertaken hereunder may not be transferred, assigned
or delegated in any manner by Client, but may be so transferred, assigned
or delegated by hostproof.com. Any waiver or any provision of this Agreement,
or a delay by any party in the enforcement of any right hereunder, shall
neither be construed as a continuing waiver nor create an expectation
of non-enforcement of that or any other provision or right. In any legal
proceeding between the parties under this Agreement, the prevailing party
shall be entitled to recover its costs, expenses and reasonable attorneys'
fees. This Agreement is made under and shall be governed by the laws of
the United States of America, except with regard to its conflict of law
rules. This Agreement and hostproof.coms policies are subject to change
by hostproof.com without notice. Continued usage of the Services after
a change to this Agreement by hostproof.com or after a new policy is implemented
and posted on the hostproof.com Site constitutes your acceptance of such
change or policy. We encourage you to regularly check the hostproof.com
Site for any changes or additions