Service
Contract
for All
Clients,
Resellers
and
Business
Associates
Preliminaries:
Hosting Earth
("Hostingearth.com"),
is a Web
Presence
Provider.
The
purpose
of this
Service
Agreement
/
Service
Contract
"the
Agreement",
"AUP"
"Service
Contract"
is to
specify
the
terms,
conditions,
and
obligations
which a
customer
agrees
to
accept
by the
his, her
or its
conduct
of using
the
Services
of
Hostingearth.com
for the
registration
and
renewal
of the
registration
of a
domain
name, or
by
opening
an
account
for any
of its
services
with
Hostingearth.com
for such
purpose.
1. Definitions:
As used
in this
Agreement,
the
following
terms
have the
following
meanings:
a: "you"
,"your",
“customer”
and
"Subscriber"
refer to
each
customer,
that is,
each
person
who
avails
or
subscribes
for any
of
Services
from
Hosting Earth.
or
www.Hostingearth.com
b: "Services"
refers
to the
domain
services,
shared
hosting
services,
dedicated
servers,
or
provided
by us as
offered
through
Hostingearth.com
.
c: "Account"
means a
wholesale
account
opened
with
Hostingearth.com
for the
registration
of
domain
names
and the
payment
for such
registrations;
and
2. The
Agreement:
This
Agreement
explains
our
obligations
to you,
and
explains
your
obligations
to us,
for
various
Services.
By using
our
Services,
you have
agreed
to
establish
an
account
with us
for such
Services.
When you
use your
account,
or
permit
someone
else to
use it
for any
purpose
whatsoever
(whether
or not
we are
notified
of your
having
given
authorization
to such
third
party to
use your
account),
this
Agreement
covers
such use
and the
service
sought
or
rendered.
By
opening
an
account
with
M/s.
Hosting Earth.
or by
using
any
Services
under
this
Agreement
you
acknowledge
that you
have
read,
and you
agree to
be bound
by all
terms
and
conditions
of this
Agreement,
and any
pertinent
rules or
policies
that are
or may
be
published
by us.
If you
do not
wish to
be bound
by these
terms
and
conditions,
you
should
not
proceed
to place
any
information
of any
kind on
Hosting Earth’s
servers.
User
Conduct
Customer
Content:
Customer
acknowledges
that
Hosting Earth
exercises
no
control
whatsoever
over the
content
of the
information
passing
through
Customer's
site (s)
and that
it is
the sole
responsibility
of
Customer
to
ensure
that the
information
it and
its
users
transmit
and
receive
complies
with all
applicable
laws and
regulations
and
these
Rules
and
Regulations. Prohibited
Activities:
Customer
will
not, and
will not
permit
any
persons
("Users")
using
Customer's
online
facilities
and/or
services,
including,
but not
limited
to,
Customer's
Web site
(s) and
transmission
capabilities,
to do
any of
the
following
("Prohibited
Activities")
The
following
constitute
Prohibited
Activities
of
Service
Agreement:
:
1. Illegal use: Hosting Earth ’s services may not be used for illegal purposes, or in support of illegal activities. Hosting Earth reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
2. Harm to minors: Use of the Hosting Earth ’s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
3. Threats: Use of the Hosting Earth ’s service to transmit any material (by email,uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
4. Harassment: Use of the Hosting Earth ’s service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
5. Fraudulent activity: Use of Hosting Earth ’s service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
6. 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 infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the Hosting Earth ’s service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Hosting Earth ’s account.
8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Hosting Earth ’s account.
9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Hosting Earth ’s service is in violation of this Service Contract.
10. Usenet SPAMing: Hosting Earth ’s has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
11. Unauthorized access: Use of the Hosting Earth ’s service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Hosting Earth 's or another entity's computer software or 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 Subscribers account is subject to immediate termination.
12. Copyright or trademark infringement: Use of the Hosting Earth ’s service 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.
13. Collection of personal data: Use of the Hosting Earth ’s service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
14. Network disruptions and unfriendly activity: Use of the Hosting Earth ’s service for any activity which affects the ability of other people or systems to use Hosting Earth ’s Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. Customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Hosting Earth will not tolerate any Customer 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.
15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
17. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
18. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Hosting Earth ’s services could result in suspension service.
19. Third Party Accountability: Hosting Earth ’s Subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Service Agreement.s
Refusal
or
Discontinuance
of
Service
Hosting Earth . reserves the right to refuse or discontinue service to anyone at Hosting Earth ’s sole discretion after giving a notice of 15 days. Hosting Earth may deny you access to all or part of the service without notice if you engage in any conduct or activities that Hosting Earth in its sole discretion believes violates any of the terms and conditions in this agreement. Hosting Earth shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Hosting Earth . has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Hosting Earth . reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
No Warranties
Hosting Earth makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given Hosting Earth . or its employees shall create a warranty. Hosting Earth provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Hosting Earth be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Hosting Earth service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Hosting Earth .'s servers that such information becomes available to all Internet users and that Hosting Earth .has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Hosting Earth .' servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Hosting Earth .or on the Internet generally.
Identification Information
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply Hosting Earth . with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use
No Interference with Operation of System
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other Subscriber. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to. You agree to adhere to system policies as published online by Hosting Earth ., including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at Hosting Earth You agree to abide by any and all future Hosting Earth .policy decisions.
Security
You agree that the security of your account is solely your own responsibility. Customer understands that Internet and other various networking communication medium are not secure, unless explicitly specified as such, and may be subjected to interception or loss Hosting Earth makes no warranties of any kind, either express, implied or statutory concerning the data or information available through the Hosting Earth . network. In no event will Hosting Earth be liable to the customer for any indirect, incidental or consequential damages arising out of the services or any products provided under this agreement, even if the company has been advised of the possibility of such damages.
You further agree that if you believe the security of your account has been compromised in any way, you will notify Hosting Earth . immediately by telephone at (404) 492-9513. You shall be held fully responsible for any misuse or compromise to your account for which Hosting Earth . is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, Hosting Earth has the right to suspend access to the account pending an investigation and resolution. You also agree that Hosting Earth has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.
Backup of Data
Your use of the service is at your sole risk. Hosting Earth is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Hosting Earth . servers, unless otherwise specified depending on the account type.
Confidential Information
Nondisclosure of Confidential Information. Each party acknowledges that it will have access to certain confidential information of the other party concerning the other party's business, plans, customers, technology, and products, and other information held in confidence by the other party ("Confidential Information"). Confidential Information will include all information in tangible or intangible form that is marked or designated as confidential or that, under the circumstances of its disclosure, should be considered confidential. Confidential Information will also include, but not be limited to, Hosting Earth .’s Technology, Customer Technology, and the terms and conditions of this Agreement. Each party agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by, or required to achieve the purposes of, this Agreement, nor disclose to any third party (except as required by law or to that party’s attorneys, accountants and other advisors as reasonably necessary), any of the other party's Confidential Information and will take reasonable precautions to protect the confidentiality of such information, at least as stringent as it takes to protect its own Confidential Information.
Exceptions:
Information will not be deemed Confidential Information hereunder if such information:
(i) is known to the receiving party prior to receipt from the disclosing party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party;
(ii) becomes known (independently of disclosure by the disclosing party) to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party;
(iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the receiving party; or
(iv) is independently developed by the receiving party. The receiving party may disclose Confidential Information pursuant to the requirements of a governmental agency or by operation of law, provided that it gives the disclosing party reasonable prior written notice sufficient to permit the disclosing party to contest such disclosure.
Payment
You agree to supply appropriate payment for the services received from Hosting Earth in advance of the time period during which such services are provided or as per the payment terms of the service opted for, whichever is applicable. You agree that all setup fees are non-refundable once setup is completed.
All payments have to be drawn in favour of M/s Hosting Earth..., payable at the location of the office of Hosting Earth from where the service is bought. Hosting Earth . shall not be responsible for payments drawn in any other name or location.
Payments are accepted only in the form of crossed Demand Drafts, Cheques or thru Credit Cards .
Charges for all services are payable prior to the beginning of each service period. Failure to pay in no way relieves the Clients obligations to make full payment.
Hosting Earth retains full rights to charge for or alter specifications or discontinue any of the services/ features offered under the various schemes at any time, without any prior notice.
It shall be our endeavor to set-up the server with in 3 working days of the receipt of completed form along with the payment (realization). If however, there is a delay for any unforeseen circumstances, the clients are requested to kindly bear with us.Additional or customized services are available at extra cost as applicable and mentioned in the hosting scheme.
You accept that your account may be temporarily or permanently suspended without any prior notice or information to you in any event of non payment from your side for any of Hosting Earth 's services
Prior Agreements
This agreement supersedes any written, electronic, or oral communication you may have had with Hosting Earth or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
Severability
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
Jurisdiction
The laws of the United States of America shall govern this agreement
In any event of dispute the area of Jurisdiction would be Atlanta only.
Acknowledgement
By placing, hiring and continuing to maintain or place information at Hosting Earth .'s servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
Need
More Info? 1-6789994627 (Sales)
1-4044929513 (Support) 24hr Live Help..
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4.5/5..."
by Trever. www.Smsprovince.com
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