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GENERAL HOSTING TERMS & CONDITIONS |
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General
Hosting (hereby called "The Service
Provider") is an Internet Service Provider and
host of personal and business World Wide Web pages.
General Hosting maintains The Service Provider as a
service to the Internet community. The goal of General
Hosting is to provide you with the
best service possible for an enjoyable Internet
experience. These Terms and Conditions are designed to
keep General Hosting and the Internet enjoyable and
useful for all of our subscribers. General Hosting is
committed to and supports the free flow of information
and ideas over the
Internet. General Hosting does not actively monitor
nor does General Hosting exercise editorial control
over the content of any web site, electronic mail
transmission, mailing list, news group or other
material created or accessible over General Hosting
services. However, General Hosting reserves the right
to remove any materials General Hosting does become
aware of that are, in General Hosting's sole
discretion, potentially illegal, could subject General
Hosting to liability, deemed erotic or/and porno or
violate this policy. The use of The Service Provider
is subject to the following terms and conditions.
General Hosting may amend this agreement on an as
needed basis by placing an update of this posting, and
your continued use of The Service Provider following
each updated posting shall be deemed to be your
acceptance of any such modification. Furthermore, it
is your responsibility to monitor the "Terms and
Conditions" page of The Service Provider
regularly to determine whether the terms and
conditions have been modified. If changes
to terms and conditions or pricing have been made,
these changes will take effect on the date of Client's
contract renewal. If you do not agree with the Terms
and Conditions of The Service Provider or any
modifications or changes to this Agreement, you must
immediately stop using The Service Provider.
The entire content of The Service Provider is
Copyrighted, and all rights are reserved. You may save
to disk or print out individual or selections of
information contained within The Service Provider for
your own use, provided that you do not collect
multiple small selections for the purpose of
replicating or copying all or substantial portions of
The Service Provider.
Terms of Contract
I. Financial Arrangements
1. Client agrees to the contract for the length
specified, beginning upon General Hosting's receipt by
fax, e-mail, or express mail. Client agrees to pay
General Hosting for services rendered pursuant to the
payment schedule.
2. First payment shall be due upon receipt of
contract.
3. This agreement will automatically renew for
identical or up to 1-year successive periods unless canceled in
writing or modified by client prior to the renewal
date. Client will receive an invoice for charges and
payment is due upon receipt of invoice.
4. Initial payment is due with contract. Contract
takes effect on the date
of receipt of payment, and will be renewed
automatically for identical successive periods. Any
changes made to the Client's package (e.g. extra
traffic charges, additional server space, additional
e-mail accounts) shall be billed accordingly.
5. All orders are subject to acceptance by General
Hosting. An order will be deemed accepted by General
Hosting when confirmation of the order is sent to
Customer. General Hosting may refuse to accept any
order, or delay acceptance awaiting completion of
conditions General Hosting may choose to exercise.
Such refusal of such conditions may not be
unreasonable, however, and General Hosting agrees to
provide Customer with reasonable notice by Email or
fax of any intent to delay or decline the acceptance
of any order.
II. Taxes
General Hosting shall not be liable for any taxes or
other fees to be paid in accordance with or related to
purchases made from Client or General Hosting's
server. Client agrees to take full responsibility for
all taxes and fees of any nature associated with any
such products sold.
III. Material and Products
1. General Hosting will exercise no control whatsoever
over the content of the information passing through
the network or on the Client's web sites. General
Hosting makes no warranties or guarantees of any kind,
whether expressed or implied for the service it is
providing. General Hosting also disclaims any warranty
of merchantability or fitness for particular purpose
and will not be responsible for any damages that may
be suffered by the Client, including loss of data
resulting from delays, non-deliveries or service
interruptions or gaps by any cause or errors or
omissions of the Client. General Hosting is not
responsible for any loss, erasure, or corruption of
Client's data or files whatsoever. Use of any
information obtained by way of General Hosting is at
the Client's own risk, and General Hosting
specifically denies any responsibility for the
accuracy or quality of information obtained through
its services. Connection speed represents the speed of
connection to General Hosting and does not represent
guarantees of available end to end bandwidth. General
Hosting expressly limits its damages to the Client for
any non-accessibility time or other down time to the
pro-rata monthly charge during the system
unavailability. General Hosting specifically denies
any responsibilities for any damages arising from a
consequence of such unavailability. In the event that
this material is not "Server-ready", General
Hosting may, at its option and at any time, reject
this material, including but not limited to after it
has been put on General Hosting's Server.
General Hosting agrees to notify Client immediately of
its refusal of the material and afford Client the
opportunity to amend or modify the material to satisfy
the needs and/or requirements of General Hosting. If
the Client fails to modify the material, as directed
by General Hosting, within a
reasonable period of time, the Agreement shall be
terminated.
IV. Trademarks & Copyrights
Client warrants that it has the right to use the
applicable trademarks, if any, and grants General
Hosting the right to use such trademarks in connection
with General Hosting's service.
V. Etiquette and Policy
1. The network resources of General Hosting may not be
used to impersonate another person or misrepresent
authorization to act on behalf of others or General
Hosting. All messages via General Hosting should
correctly identify the sender; users may not alter the
attribution of origin in electronic mail messages or
postings. Users may not attempt to undermine the
security or integrity of computing systems or networks
and must not attempt to gain unauthorized access to
said networks. Clients may not use General Hosting's
server for mass e-mail or "spamming"
purposes.
2. General Hosting may impose reasonable rules and
regulations regarding the use of its services.
Customer shall impose such rules and regulations on
its customers to the extent necessary to ensure
compliance.
3. General Hosting may discontinue servicing any Plan,
or may require fulfillment of terms or conditions
General Hosting may choose to impose as a prerequisite
for continuing to service any such Plan. Such
discontinuation or requirement may not be
unreasonable, however, and General Hosting agrees to
provide Customer with reasonable notice by Email and
fax of any such intent to discontinue or impose
certain conditions.
4. General Hosting's services may not be used for
illegal purposes, or in support of illegal activities.
General Hosting reserves the right to cooperate with
legal authorities and/or injured third parties in the
investigation of any suspected crime or civil wrong.
Activities which are prohibited as potentially illegal
include, but are not limited to: Unauthorized copying
of copyrighted material including, but not limited to,
digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and
copyrighted software. Posting or e-mailing of scams
such as 'make-money-fast' schemes or 'pyramid/chain'
letters. Threatening bodily harm or property damage to
individuals or groups. Making fraudulent offers of
products, items, or services originating from your
account. Attempting to access the accounts of others,
or attempting to penetrate beyond security measures of
our or other systems (referred to as hacking) whether
or not the intrusion results in corruption or loss of
data. Harassing others by 'mail-bombing'.
'Mail-bombing' constitutes sending more than ten (10)
similar mail messages to the same e-mail address.
Forging any message header, in part or whole, of any
electronic transmission, originating or passing
through General Hosting services.Distributing viruses
to or from General Hosting systems.
5. Bulk email sent through a mail service external to
our system can not contain an email address or a
domain name that is hosted by General Hosting. This
generally results in complaints being forwarded to our
administrative staff and will be cause for immediate
account termination or suspension without prior
notification.
6. Contents judged erotic or porno to the sole
discretion of General Hosting can not be hosted under
any General Hosting servers or services.
VI. Charges for Space and Server Traffic Above and
Beyond that which are Allocated in Client's Hosting
Plan Client agrees that it will be charged and will
remit payment for extra server traffic pursuant to the
web site hosting package that Client has selected.
Said charges will be prorated and will appear on the
following invoice. Charges for excess server traffic
are posted in the hosting
section of <http://www.--YOUR-DOMAIN-NAME--.COM/lib/stats>.
Client agrees that it will be charged and will remit
payment for extra server storage space and extra
e-mail accounts pursuant to the web site hosting
package that Client has selected. Said charges will be
prorated and appear on the following invoice. Charges
for extra server storage space and extra e-mail
accounts
will be emailed to Client.
VII. Termination
1. This Agreement may be terminated by General
Hosting, without cause, by giving the other party 1-30
days notice via e-mail or fax. In such event, General
Hosting will be required to pay to the other party an
amount equal to the unused and prorated portion of
service excluding any setup charges. Notwithstanding
the above, General Hosting may terminate the service
under this Agreement at any time, without penalty, if
the Client fails to comply with the terms of this
Agreement. It is the clients responsibility to point
his/her domain to another service provider upon
termination, cancellation or discontinuation of
service.
2. General Hosting offers a 30-Day money back
guarantee for its services. This guarantee excludes
any setup fees or installation charges applied to
General Hosting's services.
3. General Hosting will not issue refunds or credits
past the 30-Day money back guarantee.
VIII. Limited Liability
1. Client expressly agrees that use of General
Hosting's Server is at Client's sole risk. Neither
General Hosting, its employees, agents, resellers,
third party information providers, merchants licensers
or the like, warrant that General Hosting's Server
service will not be interrupted or be error free; nor
do they make any warranty as to the results that might
be obtained from the use of the Server service or as
to the accuracy, or reliability of any information
service or merchandise contained in or provided
through the General Hosting Server service, unless
otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall
General Hosting, its offices, agents or any one else
involved in creating, or distributing General
Hosting's Server service be liable for any direct,
indirect, incidental, special or consequential damages
that result from the use of or inability to use the
General Hosting Server service; or that results from
mistakes, omissions, interruptions, deletion of files,
errors, defects, delays in operation, or transmission
or any failure of
performance, whether or not limited to acts of God,
communication failure, theft, destruction or
unauthorized access to General Hosting's records,
programs or services. Client hereby acknowledges that
this paragraph shall apply to all content on General
Hosting's Server service.
IX. Indemnification
Client agrees that it shall defend, indemnify, save
and hold General Hosting harmless from any demands,
liabilities, losses, costs and claims, including
reasonable attorneys' fees, ("Liabilities")
asserted against General Hosting, its agents, its
customers, servants officers and employees, that may
arise or result from any service provided or performed
or agreed to be performed or any product sold by
Client, its agents, employees or assigns. Client
agrees to defend, indemnify and hold harmless General
Hosting against Liabilities arising out of (i) any
injury to person or property
caused by any products sold or otherwise distributed
in connection with General Hosting's Server; (ii) any
material supplied by Client infringing or allegedly
infringing on the proprietary rights of a third party;
(iii) copyright infringement and (iv) any defective
product which Client sold on General Hosting Server.
X. Partial Invalidity
If any provision of this agreement is held to be
invalid by a court of competent jurisdiction, then the
remaining provisions shall nevertheless remain in full
force and effect. General Hosting and Customer agree
to renegotiate in good faith any term held invalid and
to be bound by mutually agreed substitute provision.
XI. Disputes
The parties shall try to resolve all disputes that
might arise out of this agreement in a spirit of
cooperation without formal procedures. Any dispute
which cannot be so resolved (other than the collection
of money due on unpaid invoices) and other than the
injunctive relief referred to in paragraph 10 shall be
subject to arbitration upon written demand of either
party. Arbitration shall take place in New York, New
York or at a different location if the parties so
agree. The arbitration will take place before an
arbitration panel chosen as follows: The parties shall
each choose an arbitrator, and the two arbitrators
shall choose a third arbitrator and determine the
third arbitrator's pay. Each party shall have one veto
over the choice of the third arbitrator. The three
arbitrators shall schedule an informal proceeding,
hear the arguments, and decide the matter by secret
majority vote. Unless the arbitrators decide
otherwise, each party shall pay the costs of its own
arbitrator, and shall pay half of the other costs of
the arbitration proceeding. Each party shall have
the right to have the proceedings transcribed. The
arbitrators will not have the authority to award
punitive damages or any other form of relief not
contemplated in the contract. The majority of
arbitrators shall render a written opinion setting
forth the basis on which they arrived at the decision
regarding each issue submitted to arbitration; the
dissenting arbitrator, if any, shall not issue a
dissenting opinion. Regarding each issue submitted to
arbitration, the decision will be final and binding
only to the extent it is accompanied by a written
explanation of the basis upon which it was arrived at.
Judgment upon the award, if any, rendered by the
arbitrators may be entered in any court having
jurisdiction. Should any legal action permissible
under this agreement be taken to enforce the
conditions and terms of this agreement, in particular
the right to collect money due on unpaid invoices, the
prevailing party shall be entitled to recover
reasonable legal fees and expenses incurred at the
trial and appellate levels.
XII. Confidentiality
Customer acknowledges that by reason of its
relationship with General Hosting, it may have access
to certain products, information and materials
relating to General Hosting's business, plans,
customers, software technology, and marketing plans
that are confidential and of substantial value to
General Hosting, which value would be impaired if such
information were disclosed to third parties. Customer
agrees that it will not use in any way for its own
account or for the account of any third party, nor
disclose to any third party, any such information
revealed to it by General Hosting. Customer further
agrees that it will take every appropriate precaution
to protect the confidentiality of such information. In
the event of termination of this agreement, there
shall be no use or disclosure by the Customer of any
such confidential information in its possession, and
all confidential documents shall be returned to
General Hosting or destroyed. The provisions of this
section shall survive the termination of the agreement
for any reason. Upon any breach or threatened breach
of this section, General Hosting shall be entitled to
injunctive relief, which relief will not be contested
by Customer.
XIII. Notices
Except with respect to service of process as set forth
in paragraph , all notices may be sent by email, fax,
or express mail to the email address, fax number, or
address most recently provided and will be effective
upon transmission. Evidence of successful transmission
shall be retained.
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