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Intelweb.biz
Acceptable Use Policy ("AUP") is provided to
give our customers and users a clear
understanding of what
Intelweb.biz expects of them while
using the service. All users of
Intelweb.biz
services: those who access some of our Services
but do not have accounts, as well as those who
pay a service fee to subscribe to the Services,
must comply with this AUP and our TOS (Terms of
Service). Use of
Intelweb.biz Service constitutes
acceptance and agreement to
Intelweb.biz
AUP as well as
Intelweb.biz TOS (Terms of Service)
Intelweb.biz'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 Intelweb.biz
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
Intelweb.biz.
Examples of
content that is not acceptable on
Intelweb.biz 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
Intelweb.biz 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.
Adult Sites
We
welcome and allow adult sites .
All adult sites must have a warning entrance page, all models
must be 18+, and you must abide by all laws within the USA AND
your country if different from USA
Spam
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.
IRC and Chat Rooms
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, 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 247NetHosting.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.
Termination
We can not
stress this enough the following sites are prohibited: hate,
warez, illegal anything, illegal content, software trading,
download libraries, chat room programs, internet search engines,
copyright infringement, trademark infringement, bulk emailing,
unsolicited emailing, newsgroup spamming, spam, spam related
products and/or "anything else determined by us to be
unacceptable use of our Hosting Services servers including abuse
of server resources will be grounds for immediate termination of
service without notice" are expressively forbidden and sites
containing banned materials are subject to immediate termination
without refund.
Without in any
way limiting our (Intelweb.biz)
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. 247NetHosting reserves the right to cancel any
account with or without notice..
Legal
Intelweb.biz 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 Intelweb.biz
policy. Finally, Intelweb.biz
wishes to emphasize that in signing the service agreement,
subscribers indemnify Intelweb.biz
for any violation of the service agreement, law, or Intelweb.biz
policy, that results in loss to
Intelweb.biz or the bringing of any claim against
Intelweb.biz by any
third-party. This means that if
Intelweb.biz is sued because of a subscriber's or
customer of a subscriber's activity, the subscriber will pay any
damages awarded against Intelweb.biz
, 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.
Payment
All payments
must be in US Dollars. PayPal and Credit Card (Visa, MasterCard,
American Express and Discover) is currently the method of
payment used by Intelweb.biz.
We do also accept Check and Money order. Please
contact us to pay via money order or paypal.
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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