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Online Service Provider Service Agreement:
Terms and Conditions – Fair Use Policy
GetaHostNow.com - http://www.getahostnow.com
(the "Host") is the online service provider. Your participation
in the hosting services provided is subject to the
following terms and conditions ("Terms and Conditions") and all
applicable laws. By participating in the Host's web hosting services,
you are entering into a binding and enforceable legal agreement
with the Host as set forth below. You represent and warrant that
you are authorized to enter into this agreement. Please read these
Terms and Conditions carefully since, by participating in the Host's
web hosting services, you are signifying your assent to this agreement.
As used in this agreement, the terms "Client" and "You" mean you
and the company or entity, which you represent.
ELIGIBILITY The Host shall have absolute discretion as to whether
or not it accepts a particular applicant for participation in the
service.
VALID REGISTRATION All persons or businesses interested in participating
in our hosting services MUST register domains with an ICANN approve
registrar and are bound by the terms of agreement pursuant to the
registrar. Any accounts where a web host fails to meet the terms
set forth by their domain name registrar may be removed without
any prior warning, at the host's discretion. OWNERSHIP Clients agree
that all information contained on any site hosted by Sloan Tech/GetaHostNow,
is the complete responsibility of the Client who purchased the hosting
service.
INTELLECTUAL PROPERTY Any unauthorized use of intellectual property
without the explicit written permission of their owners may violate
copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes. No copyrighted material
can be posted on the Host. This includes scripts which are sold
by the author. Only posting sections of these scripts, as examples,
will be permitted. A "section" being no more than 10% of the script's
contents. This is meant to protect the author's rights. Software
from this Host is further subject to United States Export Controls.
No software from this Host may be downloaded or exported (i) into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other country to which the United States has
embargoed goods; or (ii) anyone on the United States Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders.
RIGHT TO REJECT All requested hosting services are subject to
the Host's approval. The Host reserves the right to reject, cancel
or remove any sites, and cancel any hosting services at any time
for any reason whatsoever. REMOVAL FROM SERVERS The Host reserves
the right to terminate the hosting of any Client without reason,
but expressly including any Client that the Host judges to be in
violation of the Terms and Conditions. Notwithstanding anything
contained in this Agreement to the contrary, the Host may, in its
sole discretion, terminate your account, and discontinue your participation.
Clients in violation of the Host' Terms and Conditions will be deactivated.
The Host may deactivate Clients with or without prior notification,
though every effort will be made to notify the deactivated Client
via the email address provided by the Client. Clients found in violation
of the Terms and Conditions will not receive any credit or payment
from the Host. Clients that are terminated by the Host on any basis
other than violation of these Terms and Conditions will be entitled
to receive any payment due from the Host. Reasons for the Host's
determination to so terminate or discontinue your account or participation
as provided for above include, but are not limited to, if the Host
believes that you violated this Agreement or other policies or guidelines
of the Host or of a Third Party Product, or if the Host believes
your conduct may be harmful to other consumers, advertisers or licensees
who participate in (or offer to its users) the Host. All decisions
made by the Host in this matter will be final and neither Sloan
Tech, GetaHostNow, or Joshua Sloan shall have any liability with
respect to such decisions.
PAYMENTS The Host will provide a refund of hosting fees if the
Client requests it at any time in the first 30 days of service.
This also applies to payments made through the PayPal service. All
amounts are stated in and all payments will be made in US funds.
As previously stated, any Client that the Host removes from the
service due to violation of the Terms and Conditions will receive
no credit or payment. YOUR
REPRESENTATIONS AND WARRANTIES TO US You represent that you are
the authorized owner or representative of the domain names(s) for
which hosting is requested and that such domain(s) is not involved
in any illegal activity, hate activity (whether racial or otherwise),
and does not contain any libelous matter. You will not hold the
Host or its affiliates liable or responsible for the activities
of visitors who come to your site(s). You further represent that
your site(s) is not unsuitable for the Host's web hosting services.
Unsuitable site include, but are not limited to those that promote
sexually explicit material; promote violence; promote discrimination
based on race, sex, religion, nationality, disability, sexual orientation,
or age; promote illegal activities (warez, porn, spam); and violate
or infringe upon the rights of any third party, including intellectual
property rights.
YOUR INDEMNIFICATION OBLIGATIONS Client agrees to indemnify and
hold the Host and its consultants, contractors, agents, attorneys
and employees, affiliates, licensees, licensors, harmless from and
against any losses, costs, damages or expense (including reasonable
attorneys' fees) resulting from claims or actions arising out of
or in connection with Client's site content or Client's breach of
any agreement, representation or warranty hereunder, including,
without limitation, claims for infringement of copyright or other
intellectual property rights and violation of rights of privacy
and publicity.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER THE HOST MAKES
NO WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THE SERVICE
FOR A PARTICULAR PURPOSE. THE HOST SHALL NOT BE LIABLE FOR THE CONTENTS
OF ANY WEB HOSTS OR PAGES, NOR FOR ANY LOSS, COSTS, DAMAGE OF EXPENSE
(INCLUDING REASONABLE ATTORNEY'S FEES) INCURRED BY CLIENT INCLUDING,
WITHOUT LIMITATION, FOR ANY TECHNICAL MALFUNCTION, COMPUTER ERROR
OR LOSS OF DATA OR OTHER INJURY DAMAGE OR DISRUPTION TO CLIENT.
IN NO EVENT SHALL THE HOST'S LIABILITY EVER EXCEED THE TOTAL AMOUNT
PAID TO THE HOST BY CLIENT HEREUNDER. IN NO EVENT SHALL THE HOST
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN
IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE HOST HAS
BEEN ADVISED OF THE POSSIBILITY THEREOF. THE HOST WILL NOT BE LIABLE
FOR, OR CONSIDERED TO BE IN BREACH OF OR IN DEFAULT, ON ACCOUNT
OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY THE PARTIES,
OR IF WEB SERVERS BECOME INOPERABLE OR INCAPABLE OF PERFORMING AS
INTENDED. THE HOST MAKES NO REPRESENTATIONS THAT THE OPERATION OF
ITS HOST WILL BE 100% UNINTERRUPTED OR ERROR-FREE, AND WILL NOT
BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
MISCELLANEOUS This agreement supersedes all prior and/contemporaneous
agreements and Client has relied upon no representations, oral or
otherwise, not contained within this agreement. The Host reserves
the right to change the terms upon which it offers its web hosting
services to the public and may change this agreement by posting
such changes. Client's continued participation in the web hosting
services following such changes shall be deemed an assent to such
changes. Breach of these Terms and Conditions may result in legal
action under local copyright and trademark laws and international
treaties. The Host, may at any time revise the contents and these
Terms and Conditions by updating this document. You are bound by
any such revisions and should therefore periodically request a copy
of the current Terms and Conditions for review.
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