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Photography by Gus/Uncensored-Hosting.com
Terms Of Service
1.PARTIES:
This Web Site Hosting ('Web Hosting') Agreement ('Agreement') is by and between Photography by Gus/Uncensored-Hosting.com ('Photography by Gus/Uncensored-Hosting.com'), and you, your heirs, assigns, agents and contractors ('You, Your, Client, Customer') and is effective upon electronic execution, receipt and acceptance of such order by Photography by Gus/Uncensored-Hosting.com. This Agreement sets forth the terms and conditions of Your use of Photography by Gus/Uncensored-Hosting.com Web Hosting services and represents the entire agreement between You and Photography by Gus/Uncensored-Hosting.com.
Client agrees that by placing an order electronically, you are agreeing to our Terms Of Service, Acceptable Use and/or Privacy Policy. No Modifications of this agreement by Client are allowed without written consent from Photography by Gus/Uncensored-Hosting.com.
Photography by Gus/Uncensored-Hosting.com will provide, the services Client has paid for in accordance with the terms and policies set forth herein. Client acknowledges that the service, and service fees have been communicated, understood by Client, and that the same are aware of all applicable charges set forth herein.
If Client’s actual bandwidth usage is expected to exceed allotted amount, specified in Client’s monthly plan, Photography by Gus/Uncensored-Hosting.com reserves the right to:
- offer Client an opportunity to upgrade their plan.
Additionally Photography by Gus/Uncensored-Hosting.com reserves the right to suspend Client's service once alloted bandwidth has been exhausted in any month. In the event of such suspension Client's site will go back online during the first twenty-four (24) hours of the following month and/or plan upgrade. Photography by Gus/Uncensored-Hosting.com also reserves the right to suspend Client services for failure to pay any bill or breach of this Agreement.
2. LIMITATION OF LIABILITY:
You agree that Photography by Gus/Uncensored-Hosting.com's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by Photography by Gus/Uncensored-Hosting.com to You under this Agreement, and for any breach of this Agreement by Photography by Gus/Uncensored-Hosting.com, shall not exceed the fees You paid to Photography by Gus/Uncensored-Hosting.com for Web Hosting services.
3. INDEMNITY
You agree to release, defend, indemnify and hold harmless Photography by Gus/Uncensored-Hosting.com and its contractors, agents, employees, officers, directors, shareholders and affiliates from and against any loss, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with Photography by Gus/Uncensored-Hosting.com and/or Your use of the Web Hosting services provided by Photography by Gus/Uncensored-Hosting.com.
4. DISCLAIMER OF WARRANTIES.
Photography by Gus/Uncensored-Hosting.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
5. SEVERABILITY
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
6. VENUE; WAIVER OF TRIAL BY JURY
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF CALIFORNIA TO WIT THE COUNTY OF LOS ANGELES. THE LAWS AND JUDICIAL DECISIONS OF CALIFORNIA, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT AND SETTLE SUCH CLAIMS BY ARBITRATION AS DEFINED BY THE NATIONAL ASSOCIATION OF ARIBITRATION. ARBITRARY DECISIONS ARE FINAL AND MAY BE RECORDED IN ANY COURT OF COMETENT JURISDICTION.
7. PAYMENT:
Establishment of this service is contingent upon receipt of payment from Customer
to Photography by Gus/Uncensored-Hosting.com. Subsequent payments are due on the monthly or annual anniversary date of the plan purchased. All services are billed on a monthly or annual term in accordance with the aforementioned. No services will be prorated for less than a month.
8.PAYMENTS & FEES:
Accounts not paid by the date due are subject to a $5.00 minimum or maximum late fee not to exceed 10% of the amount due. All monies, fees and payments are stated in US currency. Service will be interrupted on accounts that are five [5] days past due. Service interrupted for nonpayment are subject to a $50.00 reconnect charge.
Client authorizes Photography by Gus/Uncensored-Hosting.com to charge and/or cause their credit/debit card to be charged for any and all services, fees, fines and/or penalites in connection with this service and/or agreement until cancellation and/or termination by either party in accordance with these terms. Client agrees to notify Photography by Gus/Uncensored-Hosting.com of any changes to their credit/debit card account (including, without limitation, applicable account number, cancellation or expiration of the same), your billing address, or any information that may prohibit Photography by Gus/Uncensored-Hosting.com from charging your credit/debit card within five (5) days of such change.
As a courtesy Photography by Gus/Uncensored-Hosting.com may send invoices to you for any applicable charges associated with your use of the service. You agree to pay Photography by Gus/Uncensored-Hosting.com the amount indicated in each invoice by the due date reflected on the same. Client agrees to pay monthly/annual hosting bill on or before the due date even in the absence of receiving an invoice/bill.
9.DELINQUENT ACCOUNTS:
Photography by Gus/Uncensored-Hosting.com may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial
will not relieve Customer of responsibility for the payment of all accrued service
or collection fees if applicable. Accounts that are not collectable by Photography by Gus/Uncensored-Hosting.com after three [3] months may be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay Photography by Gus/Uncensored-Hosting.com a $75.00 “Processing and Collection” Fee.
10.ACCOUNT CANCELLATION:
Cancellation of any service must be submitted in writing, at least 15 days in advance. Such notice may be:
- e-mailed to compliance@uncensored-hosting.com
Confirmation of cancellation will be sent within three [3] business days.
11.REFUNDS & DISPUTES:
Photography by Gus/Uncensored-Hosting.com guarantees thirty [30] day customer satisfaction on all new accounts in good standing. Exisitng accounts and/or accounts older than 30 days enjoy coverage under our 100% Uptime (SLA) and Price Guarantee. Any virtual/reseller customer unhappy with our service during the first thirty [30] days may request a refund during the same period. Under no circumstances shall this guarantee extend beyond 5PM PST on the 30th day following the first payment on any new account. Nor shall a customer be entitled to excercise this option and receive a Service Level Adjustment (SLA/Uptime) for the same period. Additionally any customer ordering a dedicated server shall be subject to a non-refundable setup fee equal to one month's payment if they cancel their account within the first sixty [60] days. For the purpose of this agreement a new customer/account shall exclude pre-exisitng customers who may be upgrading/downgrading their service/account[s]. Aside from the monthly/annual payment anniversary date all services are deemed/defined as running from the begining (1st) of the month to the end (30th) of the month.
Excluding our 30 Day Money Back Guarantee, all payments to Photography by Gus/Uncensored-Hosting.com are nonrefundable. This includes any setup, onetime and/or monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, will result in service interruption. Late/restoration fees may also be applicable to restore service.
12.100% UPTIME GUARANTEE:
Photography by Gus/Uncensored-Hosting.com has a 100% monthly uptime guarantee. This guarantee also know as a Service Level Agreement/Adjustment (SLA) applies only to Client's website and allows for reimburesement of unscheduled downtime due to network or hardware outage, within our control. It does not apply to secondary services including but not limited to ftp, ssh, mail, etc or clients not on a montly and/or yearly payment plan. Only http service is covered under our SLA guarantee. Credits claimed under this guarantee shall be calculated using the methodology of dividing Clients monthly payment by 43,200 and multiplying the result by the number of minutes actually down in any given calendar month up to and including the amount paid for said month. Under no circumstances shall Service Level Ajustment/credit exceed amount paid for hosting in any month. Alternatively client may request the equivalent of any credit in the form of additional resources such as bandwidth or diskspace for said month. Client may also bank or deposit such credit/resources for use at a later date. However in so doing client agrees to waive any future cash claim and use the credit only for additional resources. Furthermore client's account must be in good standing. Bad standing includes but is not limited to account suspension, arrears, investigation into TOS/AUP violation. Pursuant to our SLA client's may file a claim for credit against our 100% uptime guarantee only during the first ten [10] days of the month immediately following the month in which downtime occurred. For example unscheduled downtime that oocurred in August must be claimed between September 1-10 of the same year. The number 43,200 equals the number of minutes in a thirty day period, generally a month. This SLA does not apply to Acts Of God, Terrorism, Martial Law, or an imposed State Of Emergency. Nor do we apply this guarantee to 3rd party software installed by and/or run by the customer. Customer error, such as accidentally deleting important files or any other factor beyond our control.
13.BACKUPS:
As a professional courtesy and contingency for catastrophic loss Photography by Gus/Uncensored-Hosting.com schedules FREE weekly backups of Client data to a remote off site server in another geographical locale. These backups are deemed the normal course of network administration and shall in no way relieve Client of their responsibility to make regular backups of their data. Clients are strongly urged to:
- backup their server/websites from the control panel.
We offer this backup solution for the following reasons:
- The hard drive your site is on will fail one day. Hardrives are mechanical and simply can not last forever. When they crash all the data on them are either lost or too costly to recover.
When hardware failure occurs, Photography by Gus/Uncensored-Hosting.com shall make every effort to replace the failed hard drive, Operating System (OS) and control panel without additonal charge. Client Data will be restored/transferred from the lastest backup created during the normal course of network administration and billed at the hourly rate of $82.00 or any portion thereof and/or a minimum of one (1) hour absent an optional backup plan or Client's instruction to the contrary.
Client's subscribed to our optional backup plan may request restoration from the last two (2) backups per master domain in any given month.Inclusive of addons, parked and/or sub domains without additional charge. For the purposes of this service a domain includes all the addon, sub and/or parked domains accessible by the same control panel excluding Web Host Manager (WHM) interfaces. Eg: Single and Multi-domain virtual hosting plans are counted as one (1) domain. Each domain setup by resellers also counts as one (1) domain and includes any addon, parked and/or sub domains that may be associated with the domain's individual control panel. Additional requests for restoration will be billed at the regular hourly rate of $82.00 or any portion thereof and/or a minimum of one (1) hour.
Effective Jan 3, 2005 Reseller and Dedicated customers can purchase offsite backup solutions by the GB instead of per domain. Now you can send up to 10GB of data to our remote backup server once a week for only $20.00/mo and enjoy the peace of mind that this insurance provides. Additional data may be backed up in 5GB increments or parts thereof for only $5.00 more per month.
Photography by Gus/Uncensored-Hosting.com shall not be liable for loss of data, or revenue under any circumstance. Photography by Gus/Uncensored-Hosting.com makes nor implies any warranty or guarantee that backups will be error free.
14.ACCEPTABLE
USE POLICY Use of Photography by Gus/Uncensored-Hosting.com's service constitutes acceptance and agreement to Photography by Gus/Uncensored-Hosting.com's Acceptable Use Policy, as well as Photography by Gus/Uncensored-Hosting.com's Terms Of Service. Photography by Gus/Uncensored-Hosting.com
reserves the right to revise, amend and/or modify our Acceptable Use Policy, Terms of Service, or our other policies and agreements at any time. Notice of any revision, amendment, or modification will be emailed to the last known address of all exisitng clients at least thirty [30] days in advance and published to www.Uncensored-Hosting.com with the effective date in accordance with our Terms of Service. Existing clients who continue to use the service as evidenced by their continued payment shall be deemed in agreement with said change in Terms of Service or Acceptable Use or Policy and subject to compliance with the same. All users of
Photography by Gus/Uncensored-Hosting.com hosting services, and their clients, must comply with this Acceptable Use Policy and our Terms of Service
We support the uncensored
flow of information and ideas over the Internet and do not actively monitor
subscriber activity under normal circumstances. Similarly, we do not exercise
editorial control over the content of any web site, e-mail transmission, newsgroups,
or other material created or accessible over or through the services. However,
in accordance with our Terms of Service, we may remove any materials that, in
our sole discretion, may be illegal, subject us to liability, or which may
violate this Acceptable Use Policy. Photography by Gus/Uncensored-Hosting.com may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged
crime or civil wrongdoing. Your violation of this Acceptable Use Policy may result in the suspension or immediate termination of either your Photography by Gus/Uncensored-Hosting.com
account or other actions as detailed below without notice, based upon the nature of the violation This document is intended
to provide a basic understanding of Photography by Gus/Uncensored-Hosting.com's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Photography by Gus/Uncensored-Hosting.com's Acceptable Use Policy. If a Client violates this Acceptable
Use Policy or our Terms Of Service, we reserve the right to terminate your service
without notice. We prefer to advise customers of inappropriate behavior and necessary corrective action, however the nature of the violation may require immediate termination of service.
15.
PROHIBITED USES
ILLEGAL
ACTIVITIES: Photography by Gus/Uncensored-Hosting.com services may not be used for illegal purposes, or in support of illegal activities. Photography by Gus/Uncensored-Hosting.com reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
HARM OR ENDANGERMENT: You may not use Photography by Gus/Uncensored-Hosting.com’s service to harm, or attempt to harm, minors in any way, including, but not limited to proliferation, or dissemination of child pornography, bestiality or any illegal content. This includes advertisments and/or links to such content. Client agrees not to use Photography by Gus/Uncensored-Hosting.com’s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
FORGERY OR IMPERSONATION: Adding, removing or modifying identifying
network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
UNSOLICITED EMAIL, NEWS BOMBING (SPAM): Use of Photography by Gus/Uncensored-Hosting.com to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type may result in the immediate suspension
and/or termination of the offending account. Anyone hosting websites or services on their account that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will be subject to:
COPYRIGHT OR TRADEMARK INFRINGEMENT: Use of Photography by Gus/Uncensored-Hosting.com hosting services to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is strictly prohibited. Use of Photography by Gus/Uncensored-Hosting.com hosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent are strictly prohibited. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Notification of Claimed Infringement must meet the following requirements:
Counter Notification must meet the following requirements:
NETWORK DISRUPTION : Use of Photography by Gus/Uncensored-Hosting.com hosting service for any activity which affects the ability of other people or systems to use Photography by Gus/Uncensored-Hosting.com hosting services or the Internet are strictly prohibited. This includes but are not limited to "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment. Photography by Gus/Uncensored-Hosting.com will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Photography by Gus/Uncensored-Hosting.com, does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Servers found hosting this material will be subject to immediate cancellation without refund. Use of Photography by Gus/Uncensored-Hosting.com hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Photography by Gus/Uncensored-Hosting.com or another entity's computer software, hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Client's account will be terminated immediately without refund.
SECURITY: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
NETWORK SECURITY: Photography by Gus/Uncensored-Hosting.com hosting accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources
in a manner which impairs network performance is prohibited by this policy and
may result in termination of your account.
REPORTING VIOLATIONS:
Photography by Gus/Uncensored-Hosting.com requests that anyone who believes that there is a violation of this Acceptable Use Policy notify our Compliance Department. Please provide the IP address, entire email including headers, date and time of the violation, URL, DMCA report and/or evidence of the violation.
16.PRIVACY POLICY
Photography by Gus/Uncensored-Hosting.com will not sell or give any personal information to any third party, or persons not affiliated with Photography by Gus/Uncensored-Hosting.com. Exceptions include but are not limited to satisfying court orders, criminal and/or civil investigation or litigtion as outlined in our Acceptable Use Policy and/or Terms Of Service.
17.WARRANTIES & REPRESENTATIONS
You warrant, represent, and covenant to Photography by Gus/Uncensored-Hosting.com that: |