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Acceptable Use
30dollarhosting.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 30dollarhosting.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 30dollarhosting.com.
Examples of content that is not acceptable on 30dollarhosting.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 30dollarhosting
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 DO NOT HOST ADULT SITES.
Adult Content or links to Adult Content are not
permitted on 30dollarhosting.com servers.
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, obscene,
pornographic, 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 30dollarhosting.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.
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.
Without in any way limiting our (30dollarhosting.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.
30dollarhosting reserves the right to cancel any account with
or without notice..
30dollarhosting.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 30dollarhosting.com
policy. Finally, 30dollarhosting.com wishes to emphasize that in
signing the service agreement, subscribers indemnify 30dollarhosting.com
for any violation of the service agreement, law, or 30dollarhosting.com
policy, that results in loss to 30dollarhosting.com or the bringing
of any claim against 30dollarhosting.com by any third-party. This
means that if 30dollarhosting.com is sued because of a subscriber's
or customer of a subscriber's activity, the subscriber will pay
any damages awarded against 30dollarhosting.com , plus costs and
reasonable attorneys' fees.
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.
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.
All payments must be in US Dollars. PayPal is currently the
method of payment used by 30dollarhosting.com.
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 are included in this Agreement for convenience only
and shall not affect the construction or interpretation of this
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. Chat/IRC, web proxy and mailing list scripts
are not allowed on our network under any circumstances. Streaming
media can be a drain on web server resources and as such is not
allowed. CGI based message forums which use flat file databases
are often found to use excessive system resources, to avoid disappointment
please use a PHP/ASP message forum.
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.
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