Please read this agreement in its entirety and choose 'I
Agree' or 'I Don't Agree ' at the
bottom. All users of our service will be bound by this agreement, which may be updated by
us from time to time without notice to you.
This User Agreement (the 'Agreement') governs
the terms of the use by Client of services offered by
HB Company & Affiliates. ('Provider').
Client agrees to receive access to the Web Server services according to the following
terms and conditions:
- Selection of Service Plan.
Client will select one of the service plans offered by Provider, and agrees to receive
services according to the service plan selected.
- Payment for Services. Client will
pay for services provided under this Agreement by credit card authorization provided to
Provider. When initiating service, Client will be charged the published setup fee for the
service plan selected, as well as a pro rated partial month charge according to the
service plan for the number of days remaining in the calendar month from the time of
initiation of service until the end of the month in which service is initiated. On or
about the first day of every month thereafter, Client's credit card will be charged for
monthly payment for services according to Provider's published schedule. If this Agreement
is terminated on some day other than the last day of the month, Client will be obligated
to pay for only the pro rata portion of the monthly service plan charge for the month in
which the service is terminated.
- Term. This
Agreement may be terminated by Client or Provider at any time without prior notice and
without cause. If either party is in default under this Agreement (including nonpayment),
then the nondefaulting party may also immediately terminate the Agreement without prior
notice to the other party.
- Compliance with Law. Client
will use the services offered by Provider in a manner consistent with all applicable
local, state and federal laws and regulations.
- File Back-up. Provider
is not responsible for Client's files residing on Provider's servers. Client is solely
responsible for independent backup of data stored on Provider's servers.
- Prohibition of Publication
of Certain Material. Client shall not knowingly or unknowingly submit to
Provider for publication any of the following material (including pictures, links, or any
other content):
(a) any material which violates or infringes any copyright, trademark,
trade secret, patent, statutory, common law or other proprietary rights of others;
(b) any material that is libelous or slanderous;
(c) any material which is or contains anything obscene or pornographic; or
(d) distribution lists to be used via unsolicited electronic mail or other mass
electronic mailings including but not limited to: mass-newsgroup postings, SPAM and
unsolicited email sent from your server, or any other service on the Internet, which
contains your domain name or any other domain name on our network
(e) Any abuse of shell account privileges including but not limited to:
- Use of any program/script/command, or sending messages of any kind, designed to
interfere with a users terminal session, via any means, locally or by the Internet.
- Attempts to circumvent the idle daemon or time charges accounting, or attempts to run
programs while not logged in by any method.
- Repeated running of CPU-intensive user-compiled programs which negatively impact other
system users.
- Running eggdrop or any other IRC bot which is connected to a remote IRC server.
Any violation of the above conditions will result in termination of Client's account.
Due to the public nature of the Internet, all material submitted by Client for
publication will be considered publicly accessible. Provider does not screen in advance
Client's material submitted to Provider for publication. Provider's publication of
material submitted by Client does not create any express or implied approval by Provider
of such material, nor does it indicate that such material complies with the terms of this
Agreement.
- DISCLAIMER OF WARRANTIES.
PROVIDER'S SERVICE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS.
PROVIDER SPECIFICALLY
DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE
FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN
ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S
SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE
RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY
CLIENT TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
- Limitation/Disclaimer of
Liability. Provider is not liable for protection or privacy of electronic mail
or other information transferred through the Internet or any other network provider or its
customers may utilize.
HB Company does not guarantee the availability of the domain
name that you want, even if the domain name appears to be available at the time of your
registration request. As we rely on a second party to fulfill these registrations, HB
Company cannot be held responsible for this process. The domain name that you register is
not finalized until you receive a bill from Network Solutions telling you the domain name
is registered.
HB Company assumes no responsibility or liability for the successful acceptance and/or
registration of your proposed domain name registration.
Provider does not represent or warrant to Client that Client will receive continual and
uninterrupted service during the term of this Agreement. In no event shall Provider be
liable to Client for any damages resulting from or related to any failure or delay of
Provider to provide service under this Agreement if such delays or failures are due to
strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes
beyond Provider's control, as defined by standard practices in the industry. Such failure
or delay shall not constitute a default under this Agreement.
- Indemnity. Client
agrees to defend, indemnify and hold Provider harmless from and against any and all
claims, losses, liabilities and expenses (including attorneys' fees) related to or arising
out of the services provided by Provider to Client under this Agreement, including without
limitation claims made by third parties (including customers of Client) related to any
false advertising claims, liability claims for products or services sold by Client, claims
for patent, copyright or trademark infringement, claims due to disruption or malfunction
of services provided hereunder, or for any content submitted by Client for publication by
Provider, but excluding those related to the negligence of Provider.
- Resale of Provider's
Service. If Client acts as a 'reseller' of the services provided by Provider to
Client hereunder, by Client providing similar services to its customers, then all the
terms of this Agreement shall provide to the resale. Without limiting the foregoing,
Client's obligations under Section 9 ('Indemnity') shall apply to any and all claims made
against Client and/or Provider which arise out of the resale of Provider's services.
- Governing Law/Venue. This
Agreement shall be governed by the laws of the State of Connecticut. Venue for any action
hereunder shall be in the county of Fairfield, Connecticut.
- Relationship of the Parties.
The parties intend that an independent contractor relationship will be created by this
contract, and that no partnership, joint venture or employee/employer relationship is
intended.
- Taxes. If any
federal, state or local governmental entity with taxing authority over the services
provided under this Agreement imposes a tax directly on the services provided by Provider
to Client under this Agreement (excluding any income, business and occupation, capital
gain, death or inheritance, or other indirect taxes), then Provider may pass the direct
amount of such cost on to Client, and Client shall promptly pay such cost.
- Waiver. Any
party's failure to insist on compliance or enforcement of any provision of this Agreement
shall not affect its validity or enforceability or constitute a waiver of future
enforcement of that provision or of any other provision of this Agreement.
- Attorneys' Fees.
If a legal proceeding is commenced to enforce or obtain a declaration of rights under this
Agreement, the prevailing party in such proceeding shall be entitled to recover its
reasonable attorneys' fees and costs incurred in the proceeding from the nonprevailing
party, as well as any reasonable attorneys' fees and costs that the prevailing party
incurred prior to commencing the proceeding.
- IP Addresses.
Provider maintains control and any ownership of any and all IP numbers and addresses that
may be assigned to Client and reserves in its sole discretion the right to change or
remove any and all IP numbers and addresses.
- Cancellation. In
order to stop service, Client must follow the cancellation procedure which can be found at
http://www.hbcompany.com/web/host/cancel.htm.
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