WebHost4You
Acceptable Use Policy (AUP)
This
WEBHOST4YOU Acceptable Use Policy ("AUP") describe the proper kinds of conduct
and prohibited uses of WEBHOST4YOU's hosting services (the "Services"). This
AUP is not exhaustive and WEBHOST4YOU reserves the right to modify this AUP at
any time, effective upon posting of the modified AUP at
www.WEBHOST4YOU.com . By registering for and using the Services, and
thereby accepting the terms and conditions of this AUP, you agree to abide by
these conditions as modified from time to time. Any violation of the AUP may
result in the suspension or termination of your account or such other action as
WEBHOST4YOU deems appropriate.
Server Abuse
Any attempt
to undermine or cause harm to a server, or customer, of WEBHOST4YOU is strictly
prohibited.
Unauthorized use of other people's accounts or computers WEBHOST4YOU will
strongly react to any use or attempted use of an Internet account or computer
without the owner's authorization. Such attempts include "Internet scamming"
(tricking other people into releasing their passwords), password robbery,
security hole scanning etc.
Any
unauthorized use of accounts or computers by a WEBHOST4YOU customer, whether or
not the attacked account or computer belongs to WEBHOST4YOU, will result in
action against the attacker. Possible actions include warnings, account
suspension or cancellation, and civil or criminal legal action, depending on
the seriousness of the attack.
IMPORTANT NOTE
- WEBHOST4YOU has the right to discontinue service, or deny access to anyone
who violates our Policies or the terms and conditions shown below WITHOUT
WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account
termination is due to violation of the terms outlined below.
Customers
may not run IRC, bots or clients on shared servers. Unacceptable uses also
include, but are NOT limited to: Bulk emailing, unsolicited emailings,
newsgroup spamming, pornographic content, illegal content, copyright
infringement, trademark infringement, warez, cracks, software serial numbers,
and/or anything else determined by WEBHOST4YOU to be unacceptable use of
WEBHOST4YOU's services including abuse of server resources.
All hosting
accounts may be terminated that include the following content or which have
links to the following content:
-
Providing material that
is grossly offensive to the Web community including blatant expressions of
bigotry, racism or hatred.
-
Promoting or providing
instructional information about illegal activities, or promoting physical harm
or injury against any group or individual.
-
Displaying material that
exploits children under 18 years of age.
-
Acts of copyright
infringement including offering pirated computer programs or links to such
programs, information used to circumvent manufacturer-installed copy-protect
devices, including serial or registration numbers for software programs, or
any type of cracker utilities.
-
Exporting encryption
software over the Internet or otherwise, to points outside the United States.
-
Distributing information
regarding the creation of and sending Internet viruses, worms, Trojan horses,
pinging, flooding, mailbombing, or denial of service attacks. Also, activities
that disrupt the use of or interfere with the ability of others to effectively
use the network or any connected network, system, service, or equipment.
-
Advertising,
transmitting, or otherwise making available any software, program, product, or
service that is designed to violate this AUP, which includes the facilitation
of the means to spam, initiation of pinging, flooding, mailbombing, denial of
service attacks, and piracy of software. Any account that is deactivated by
the abuse team will be charged the following reactivation fees:
1st offense - $25.00
2nd offense - $100.00
3rd offense - $500.00 + Account termination
This fee will only be waived if it is determined by the abuse team that the
account was disabled without cause.
Abuse of
Unlimited Traffic
WEBHOST4YOU's customers are privileged to be offered unlimited traffic for
their web sites. The intention of WEBHOST4YOU is to provide a large space to
serve web documents, not an off site storage area for electronic files. All
(90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.)
stored on WEBHOST4YOU's server. Web sites that are found to contain either/or
no html documents, a large number of unlinked files are subject to warning,
suspension or cancellation at the discretion of WEBHOST4YOU management. Any
customer who violates WEBHOST4YOU's Policies in abusing either space/site
transfer will be notified and given 2 days to remedy the problem. If the
problem is not resolved within the allotted period, the client will be billed
for the overages.
To maintain the integrity of our shared hosting service the following
limitations apply:
Sites with banners, graphics or cgi scripts running from their domain used on
other domains. Sites with picture galleries (This is any site where 50% of the
files transferred is graphics) Sites offering download files or archives. (This
is any site where 50% or more of there monthly traffic is from file downloads).
Sites using more than 30% of system resources for longer than 60 seconds. Sites
running multimedia files (QuickTime, Real Audio, Real Video, MP3).
For those that do not qualify for the unlimited service, traffic will go
unmonitored until you reach 20 GB per month. Thereafter, normal data transfer
cost of $10.00/1GB/month will be billed to your account. If you want to pre-pay
for bandwidth overages, you will be billed $5.00/1GB/month.
You will receive a notice on Tuesday morning detailing your bandwidth usage.
You will have 7 days to visit
www.overages.cihost.com to pay for your
overages. If you do not pay for your overages your site will be disabled within
7 days of your first notice. This does not apply to colocation clients.
Colocation clients will be billed for the overages based on switch reports.
Colocation clients must pay for the overages IMMEDIATELY once billing or
WEBHOST4YOU has the sole decision to deactivate any and all servers.
WEBHOST4YOU will be the sole arbiter as to what constitutes a violation of this
provision.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and
will likely result in account cancellation.
WEBHOST4YOU takes a zero-tolerance approach to spam originating from our
servers or for spam advertising of domains hosted on our servers.
The following activities are not allowed:
-
Unsolicited bulk or
commercial messages ("spam"). This includes, but is not limited to, bulk
mailing of commercial advertising, informational announcements, charity
requests, petitions for signatures, and political or religious tracts. Such
messages may only be sent to those who have explicitly requested it from your
domain.
-
Forging, altering or
removing electronic mail headers is prohibited. Any domain sending stealth
spam will be terminated without warning and without refund.
-
Sending numerous copies
of the same or substantially similar message with the intent to disrupt a
server or account ("mail bombing").
-
Spamming Newsgroups:
Commercial advertisements are unwelcome in most Usenet discussion groups and
on most e-mail mailing lists. Inappropriate posting may result in account
cancellation. See the newsgroup or mailing list's charter for whether
advertising is allowed or not. "Spamming," or sending a message to many
different off-topic newsgroups, is particularly unethical and will be treated
as such.
-
Mail may not be used to
harass or intimidate others. Harassment, whether through language, frequency
of messages, or size of messages, is prohibited. Sending a single unwelcome
message may be considered harassment. If a recipient asks to stop receiving
e-mail, you must not send that person any further messages.
-
Providing spamware
(software used to send bulk email or software used to harvest email addresses)
or links to sites providing spamware is strictly prohibited and subject to
demand for removal or account cancellation.
Note: If
you use the services of another provider (including but not limited to the use
of address lists obtained from a third party vendor or provider) to promote a
web site hosted by or through WEBHOST4YOU (spamvertising), then the provisions
of the above Policy shall apply as if the spam were sent through our servers.
Penalty: Depending on the severity of your SPAMMING, WEBHOST4YOU reserves the
right to charge you between $1.00 - $100.00 PER SPAM sent through our network.
Your web site content will also be confiscated and it will be NEVER returned to
you.
CGI Scripts
(This section does not apply to managed dedicated or colocation servers.) Each
shared Unix web hosting account comes with its own cgi-bin, in which you are
free to use any*
CGI
scripts you wish. All CGI scripts (Perl scripts with a .pl or .cgi extension)
intended for use on shared Windows 2000 web hosting accounts are subject to
approval by our NT Administrators.
*See the Server Resource Abuse section.
Server Resource Abuse
(This section does not apply to managed dedicated or colocation servers.)
Shared server accounts are limited in use of the amount of server resources.
Shared server resource abuse includes any process or service usage that affects
normal shared server operation, resources or connectivity, and which causes a
server to become overloaded. Shared server resources include CPU and memory
usage, number of concurrent processes, number of concurrent port or database
connections and total bandwidth. Possible causes of server resource abuse
include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL,
PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is
detected, possible actions include, but are not limited to: disabling of the
offending script or scripts, disabling of the specific service, disabling of
the entire account or account cancellation. If server overload is a result of
server resource abuse, these actions will be taken without prior notice or
warning.
Child Pornography
Our policy on child pornography is zero tolerance. WEBHOST4YOU will cooperate
fully with any criminal investigation into a Customer's violation of the Child
Protection Act of 1984 concerning child pornography. Customers are ultimately
responsible for the actions of their clients over the WEBHOST4YOU network, and
will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs,
films, video or any other type of visual presentation that shows a person who
is or is depicted as being under the age of eighteen years and is engaged in or
is depicted as engaged in explicit sexual activity, or the dominant
characteristic of which is the depiction, for a sexual purpose, of a sexual
organ or the anal region of a person under the age of eighteen years or any
written material or visual representation that advocates or counsels sexual
activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs
Agency at 1-800-BEALERT
Chat Rooms
We do not allow clients to install their own chat rooms within a shared hosting
account, without approving it with the WEBHOST4YOU Support Team. Most chat
rooms tend to be large system hogs and we cannot allow it as an account option.
However, we do provide a choice of Java chat rooms for a small extra charge
that will more than fill your needs and run without hindering the performance
of the machine for others. Note: Parachat chat rooms do not apply to this rule.
They are perfectly fine to install.
Abuse of SMTP Mail Server
We do not allow clients to send more than 2000 pieces of e-mail per day from a
shared hosting account. If you do send more than 2000 pieces of e-mail per day,
your account will be placed on hold for Network Abuse. If you are sending
legitimate e-mails and they total more than 2000 per day your account will be
moved to a special server that is specifically designed to handle high volumes
of e-mail. You will be charged $50.00/month in addition to your regular hosting
charges if your account is moved to this server. Please contact
noc@webhost4you.com
to have your domain moved.
Background Running Programs
We may allow programs to run continually in the background. These are
considered on a one-to-one basis and an extra charge will be incurred based on
system resources used and operational maintenance needed. (this section does
not apply to managed dedicated servers)
IRC
We currently do not allow IRC IRC clients or IRC bots to be operated on any of
our servers. In addition, IRC servers are not permitted on our network. Anyone
found to be in violation of this policy risks immediate account termination.
Excessive Use/Overages
You will not exceed the bandwidth, storage and E-mail usage limits outlined by
your particular web hosting package. If you use any bandwidth or storage space
in excess of the agreed upon number of megabytes per month or if you exceed
E-Mail storage and attachment size limitations, WEBHOST4YOU may, in its sole
discretion, assess you with additional charges. If WEBHOST4YOU elects to take
any corrective action, WEBHOST4YOU will not refund any unused pre-paid fees.
Your use of your account and access to it is your responsibility. You are
responsible for any unauthorized access to your account resulting in bandwidth,
storage and/or E-mail usage exceeding the limits outlined in your particular
web hosting package specifications and resultant charges. Bandwidth overages
are currently billed at $20/GB/month. Disk space overages are currently billed
at $.25/MB/month. Email attachments overages are currently billed at $.10 per
email over 10MB.
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged for all new
accounts and major account changes and are non-refundable. All pricing is
guaranteed for the term of pre-payment. WEBHOST4YOU reserves the right to
change prices at any time, unless other terms have been agreed upon. Credit
card accounts are subject to login deactivation upon the card declining for
charges within 48 hours of email notification. Any account not brought current
within a week (7 days) of e-mail notice or exceeding this time frame in any way
is subject to complete account deactivation. The customer is responsible for
all money owed on the account from the time it was established to the time that
the customer notifies WEBHOST4YOU at WEBHOST4YOU.com to request for termination
of services. All payment is in U.S. currency. WEBHOST4YOU will bill each client
$50.00 per returned check, per wire transfer received and per credit card
chargeback received. All WEBHOST4YOU accounts are setup on anniversary billing
cycles. Your particular billing cycle corresponds to the contract length that
was initially chosen at setup. Your account will automatically renew at this
length. There is no fee to change to a shorter billing cycle at the end of the
current cycle. However, if you wish to change to a shorter billing cycle,
during a current cycle, there will be a $50.00 fee. Please contact the billing
department at billing@cihost.com should you wish to change your anniversary
billing cycle. Any account that is not brought current prior to deactivation
will be charged a $25.00 reactivation fee as well as a $15.00 late charge, per
domain deactivated. In addition, if your credit card declines for any reason
WEBHOST4YOU will charge your account an additional $1.00 service charge every
time your card is declined. WEBHOST4YOU may impose a debt service charge equal
to one and one-half percent (1.5%) of the overdue balance (or such lesser
amount as may be required by law) for each month or fraction thereof the
overdue amount remains unpaid. All taxes, fees and governmental charges
relating to the Services provided hereunder (other than income taxes of
WEBHOST4YOU) shall be paid by Customer. WEBHOST4YOU accepts paper checks from
customers for payment of web hosting services and fees associated with your
account. However, there will be a $5.00/month processing fee for each customer
paying by check. Additionally, if you decide to switch your payment method of
billing cycle you will be charged a $10 processing fee for that change.
Cancellation
WEBHOST4YOU reserves the right to cancel service at any time. All fees paid in
advance of cancellation will be pro-rated and paid by WEBHOST4YOU if
WEBHOST4YOU institutes its right of cancellation. Any violation of policies
which results in extra costs will be billed to the customer (i.e. transfer,
space etc.)
All of WEBHOST4YOU's web hosting plans are backed by a 30 day money back
guarantee. If you are not completely satisfied with our services or support
within the first 30 days of your contract, you will be given a full refund of
the contract amount excluding setup fees, domain registration fees,
add-on/upgrade fees and overages. Setup fees are refundable only if the account
order is canceled prior to account activation. For web hosting contracts,
dedicated servers and colocation packages, the full contract amount less any
setup fees and overages will be refunded if WEBHOST4YOU is notified within the
first 30 days following activation. No refund is available after the 30th day.
This policy does not apply to any additional services such as overages,
referrer logs, real audio/video, additional disk space, additional pop
accounts, etc. Due to security concerns, all account cancellations must be done
following the steps outlined at
http://WEBHOST4YOU.com. Cancellations via
email requests will not constitute acceptance of any cancellation. Refunds will
be made by company check or issued back to your credit card within 30 days of
receipt of cancellation. To receive your refund, you must terminate this
Agreement in the manner described in above and cease using the Services. You
follow the cancellation steps outlined at
http://WEBHOST4YOU.com within the 30-day
period. Cancellations are processed only from 9 a.m. - 6 p.m. CST on
Monday-Friday. No cancellations are processed on holidays or weekends.
Liability and Obligations on Cancellation
If the Agreement expires or is cancelled for any reason, WEBHOST4YOU is not
liable to you because of the expiration or cancellation for compensation,
reimbursement or damages on account of the loss of prospective profits,
anticipated sales, goodwill or on account of expenditures, investments, leases
or commitments in connection with your business, or for any other reason
whatsoever flowing from the termination or expiration. If you terminate this
Agreement, WEBHOST4YOU will not relieve you of any obligations to pay fees and
costs accrued before the termination date or any other amounts you owe to
WEBHOST4YOU under this Agreement.
IP Address Overlap
WEBHOST4YOU administers the network on which customer servers reside. The
customer cannot use IP addresses which were not assigned to them by WEBHOST4YOU
staff. Any server found using IPs which were not officially assigned will be
suspended from network access until such time as the IP addresses overlap can
be corrected.
Material and Product Requirements
You must ensure that all material and data placed on WEBHOST4YOU's equipment is
in a condition that is "server-ready," which is in a form requiring no
additional manipulation by WEBHOST4YOU. WEBHOST4YOU will make no effort to
validate any of this information for content, correctness or usability. If your
material is not "server-ready", WEBHOST4YOU may reject this material.
WEBHOST4YOU will notify you of its refusal of the material and afford you the
opportunity to modify the material to satisfy WEBHOST4YOU's requirements. Use
of the Services requires a certain level of knowledge in the use of Internet
languages, protocols and software. This level of knowledge varies depending on
the anticipated use and desired content of your Web site. You must have the
necessary knowledge to create and maintain a Web site. WEBHOST4YOU does not
provide this knowledge or customer support outside of the Services.
Intellectual Property Rights
Material accessible to you through WEBHOST4YOU's services may be subject to
protection under the United States or other copyright laws, or laws protecting
trademarks, trade secrets or proprietary information. Except when expressly
permitted by the owner of such rights, you must not use WEBHOST4YOU or its
servers and network in a manner that would infringe, violate, dilute or
misappropriate any such rights, with respect to any material, which you access
or receive through the WEBHOST4YOU network. If you use a domain name in
connection with WEBHOST4YOU or similar service, you must not use that domain
name in violation of any trademark, service mark, or similar rights of any
third party.
Network Security
Customers may not use the WEBHOST4YOU network with an attempt to circumvent
user authentication or security of any host, network, or account. This
includes, but is not limited to, accessing data not intended for the customer,
logging into a server or account the customer is not expressly authorized to
access, password cracking, probing the security of other networks in search of
weakness, or violation of any other organization's security policy. Customers
may not attempt to interfere or deny service to any user, host, or network.
This includes, but is not limited to, flooding, mail bombing, or other
deliberate attempts to overload or crash a host or network. WEBHOST4YOU will
cooperate fully with investigations of violations of systems or network
security at other sites, including cooperating with law enforcement authorities
in the investigation of suspected criminal violations. Users who violate system
or network security may incur criminal or civil liability. You are solely
responsible for any security breaches affecting servers or accounts under your
control. If your server or website is responsible for or involved in an attack
on or unauthorized access into another server or system, WEBHOST4YOU will shut
it down immediately. You will pay any charges resulting from the cost to
correct security breaches affecting WEBHOST4YOU or any of its other customers.
Electronic Commerce
You will be solely responsible for the development, operation and maintenance
of your online store and products and all contents and materials appearing
online or on your products, including without limitation (a) the accuracy and
appropriateness of content and materials appearing within the store or related
to your products, (b) ensuring that the content and materials appearing within
the store or related to your products do not violate or infringe upon the
rights of any third party, and (c) ensuring that the content and materials
appearing within the store or related to your products are not libelous or
otherwise illegal. You will be solely responsible for the final calculation and
application of shipping and sales tax. You will also be solely responsible for
accepting, processing, and filling any customer orders, and for handling any
customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers
and related customer information you may access as a result of conducting
electronic commerce transactions through your Web Site. You will keep all such
information confidential and will use the same degree of care and security as
you use with your confidential information.
Static / Dynamic Content Caching
You expressly (i) grant to WEBHOST4YOU a license to cache the entirety of your
Web Site, including content supplied by third parties, hosted by WEBHOST4YOU
under this Agreement and (ii) agree that such caching is not an infringement of
any of your intellectual property rights or any third party's intellectual
property rights.
IP Address Ownership
WEBHOST4YOU shall maintain and control ownership of all IP numbers and
addresses that may be assigned to you by WEBHOST4YOU and WEBHOST4YOU reserves,
in its sole discretion, the right to change or remove any and all such IP
numbers and addresses.
Domain Name Registration
Customer agrees to pay WEBHOST4YOU prior to the effectiveness of the desired
domain name registration, the then-current amounts set forth in the WEBHOST4YOU
price schedule for the initial registration of the domain name and, should
Customer choose to renew the registration, subsequent renewals of the
registration. All fees are non-refundable, in whole or in part, even if
Customer's domain name registration is suspended, cancelled or transferred
prior to the end of Customer's then current registration term. WEBHOST4YOU
reserves the right to change fees, surcharges, renewal fees or to institute new
fees at any time, for any reason, at its sole discretion. Customer's requested
domain name will not be registered unless and until we receive actual payment
of the registration fee, and have confirmed Customer's registration in an email
from WEBHOST4YOU to the email address indicated in Customer's registration
application. In the event of a charge-back by a credit card company (or similar
action by another payment provider allowed by WEBHOST4YOU) in connection with
the payments of the registration fee for Customer's domain name registration,
Customer agrees and acknowledges that the domain name registration shall be
transferred to WEBHOST4YOU as the paying entity for that registration to the
registry and that we reserve all rights regarding such domain name including,
without limitation, the right to make the domain name available to other
parties for purchase. WEBHOST4YOU will reinstate Customer's domain name
registration solely at WEBHOST4YOU's discretion, and subject to our receipt of
the initial registration or renewal fee and our then-current reinstatement fee.
Dedicated Server 24 Hour Setup Guarantee
(a) Coverage
WEBHOST4YOU's 24 Hour Setup Guarantee will only apply to those standard,
pre-configured Dedicated Servers. This guarantee does not apply to non-standard
configurations, such as changing RAID levels, load balancing, clustering,
advanced solutions and other add-on features. Custom, made-to-order Dedicated
Servers do not apply to this offer. 24 Hour Setup Guarantee does not apply to
orders received on the Weekends or Holidays. This offer applies only to the
primary server, if the customer is electing the 2 For 1 server offer. The
secondary, or free server, will be setup within 30 days from the day the
primary server is placed online.
(b) Guarantee
For those Covered Servers described in (a) above, WEBHOST4YOU will Provision
such servers within 24 hours of receiving a customer order, once such customer
order has been confirmed and any necessary credit checks have been performed.
24 Hour Setup will mean that, for those customer orders for Covered Servers
received and confirmed (including any necessary credit checks) by 6:00 p.m.
United States Central Time during a Weekday, the Covered Server will be
Provisioned by 12:00 a.m. (midnight) United States Central Time the following
Day. Weekday will mean Monday through Friday, excluding the following holidays:
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
Day after Thanksgiving, and Christmas Day. Provision will mean that WEBHOST4YOU
has generated an E-mail to the customer with the proper information to enable
the customer to send and receive information from and to the Covered Server.
(c) Credit
If WEBHOST4YOU is unable to meet the 24 Hour Guarantee as described in section
titled "Dedicated Server 24 Hour Setup Guarantee", WEBHOST4YOU will issue a
credit or refund of One Hundred Dollars ($100.00) of the Set-up fee described
for the Covered Server. Such credit may be applied to future months service
fees in WEBHOST4YOU's discretion.
(d) Restrictions
Credits will not be provided to you in the event that you do not have your
Covered Server Provisioned by the Next Weekday resulting from (i) your behavior
or the performance or failure of your equipment, facilities or applications, or
(ii) circumstances beyond WEBHOST4YOU's reasonable control, including, without
limitation, acts of any governmental body, war, insurrection, sabotage,
embargo, fire, flood, strike or other labor disturbance, interruption of or
delay in transportation, unavailability of interruption or delay in
telecommunications or third party services (including DNS propagation), failure
of third party software or hardware or inability to obtain raw materials,
supplies, or power used in or equipment needed for provision of your Web site.
Copyright Infringement
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications
of claimed copyright infringement on the WEBHOST4YOU system or Web site should
be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION
IS PROVIDED SOLELY FOR NOTIFYING WEBHOST4YOU THAT YOUR
COPYRIGHTED
MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT
THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL
PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES
INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE
THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY
ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS
FOR TECHNICAL ASSISTANCE OR CUSTOMER
SERVICE,
REPORTS OF E-MAIL
ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF
SENT TO THAT CONTACT.
Written notification must be submitted to the following Designated Agent:
legal@webhost4you.com
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of
Claimed Infringement must include the following:
1. Physical or electronic signature of a person authorized to act on behalf of
the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed or a
representative list if multiple works are involved.
3. Identification of the material that is claimed to be infringing that should
be removed or access to disabled and information reasonably sufficient to
enable the online service provider to locate the material (usually a URL to the
relevant page).
4. Information reasonably sufficient to allow the online service provider to
contact the complaining party (address, phone number, e-mail address).
5. Statement that the complaining party has "a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent or the law."
6. Statement that the information in the notice is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the
copyright owner.
Lawful Purpose
WEBHOST4YOU reserves the right to refuse service to anyone. Customers may only
use WEBHOST4YOU server for lawful purpose. Transmission of any material in
violation of any Federal, State or Local regulation is prohibited. This
includes, but is not limited to copyrighted material, material legally judged
to be threatening or obscene, and material protected by trade secrets. The
designation of any materials as such described above is left entirely to the
discretion of WEBHOST4YOU management. Regardless of the place of signing this
agreement, the client agrees that for purposes of venue and jurisdiction this
contract was entered into and performed in Tarrant County, Texas, and any
dispute will be litigated or arbitrated in Tarrant County, Texas. Customer
further waives all objections to venue or jurisdiction and acknowledges that
venue and jurisdiction in any such litigation will be held in Tarrant County
Courts. IN NO EVENT SHALL WEBHOST4YOU'S
MAXIMUM
LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD WEBHOST4YOU
HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS,
INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST WEBHOST4YOU, ITS AGENTS,
ITS CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY
SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY
CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS WEBHOST4YOU AGAINST LIABILITIES ARISING OUT OF; (1)
ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE
DISTRIBUTED IN CONNECTION WITH WEBHOST4YOU'S SERVER; (2) ANY MATERIAL SUPPLIED
BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A
THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO
CUSTOMER FROM WEBHOST4YOU'S SERVER.
Disclaimer
WEBHOST4YOU WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY
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