Website Hosting Terms of Agreement:
All Interserver
Website Account Holders agree to abide bythe following provisions of this service contract and may have toagree to additional provisions from Interserver coveringthis agreement and/or any future services added to thisagreement. If Account Holder refuses to accept any futureprovisions, Account Holder will have the option to cancel serviceand receive a pro-rated refund of any moneys pre-paid for thisagreement. The pro-rated refund will be calculated after thenormal monthly cost for the service has been deducted from anyamounts pre-paid by Account Holder. The current provisions are:
1) The Virtual WebServer Internet account and related electronic services can onlybe used for legal purposes under all international, federal,state and local laws. Violations of this or any other provisionof this agreement can result in a 30 day notice to terminateservice or an immediate termination of service depending upon theseverity of the violation. Interserver has the right to refuseservice if content of information is deemed illegal, misleading,or obscene in the opinion of Interserver. Account Holder agreesnot to store, transmit, link to, advertise or make available anyimages containing nudity or semi-nudity. Interserver will make thefinal determination in any dispute over unacceptable content, andAccount Holder agrees to accept Interserver's decision.
2) Interserver reserves the right to increase prices at any time. If thisservice is paid quarterly, it will be subject to future priceincreases. Failure to pay future price increases will be groundto terminate service. The Account Holder agrees to followgenerally accepted "Netiquette" when sending emailmessages or posting newsgroup messages. Account Holder isresponsible for the security of their password. Interserver willnot change passwords to any account without verification ofidentity which is satisfactory to Interserver, such verificationmay include written requests with signature. In the event of anypartnership breakup, divorce or other legal problems that includeAccount Holder, Account Holder understands Interserver will remainneutral and may even put the account on hold until the situationhas been resolved. Under no circumstances will Interserver beliable for any losses incurred by Account Holder during this timeof determination of rightful ownership.
3) The Account Holder agrees not to harm Interserver, it's reputation, computersystems, programming and/or other Account Holders usingInterserver services. Interserver will select the computer forAccount Holder's website for best performance. If accountholder breaches this agreement, then Interserver has the right toterminate service without any refunds of the unused portionprepaid by Account Holder. The Account Holder agrees to indemnifyand hold harmless both Interserver and other Account Holders fromany and all claims and/or costs resulting from the AccountHolder's use or abuse of the service in any manner.
4) Account Holder understands this service is provided on a shared server. This
means that one website cannot overwhelm the server with heavy CPUusage from highly active CGI scripts or chat scripts. (A sharedserver will never be as powerful as owning your own dedicatedequipment). If your website overwhelms the server and causescomplaints from the other users, you will have outgrown the realmof a shared server and you will need to re-locate your website.Interserver will refund any moneys paid for unused time of serviceremaining. If at any time, Account Holder breaches any part ofthis contract and Interserver has to engage the services of anattorney, then Account Holder will pay any and all ofInterserver's reasonable attorney fees and court costs. TheAccount Holder's rights and privileges cannot be sold ortransferred without the written consent and approval ofInterserver in advance.
5) This contract represents the complete understanding between the parties. If
Account Holder sells or resells advertising or webspace to a third party then Account Holder will be responsible for thecontent of that advertising and the actions of that third party.Interserver has the right to reject any offensive or illegalcontent. If Account Holder refuses to remove any contentrequested to be removed by Interserver, Interserver can terminateservice. Interserver will use its best efforts to maintain a fulltime, 24 hour presence for the Account Holder. Sometimes thenetwork can be down and other types of utility or powerinterruptions, or equipment failures can occur and thesesituation are outside of Interserver's control. Account Holderagrees that this may or may not occur and Account Holder willhold Interserver, it's employees, owners, officers, contractors,free and harmless from any damages incurred in any event of anytype of loss resulting from any reason whatsoever. Interserver'stotal liability under all circumstances will never exceed the amount paid by Account Holder for the duration
of this agreement.If Account Holder selects the discount for twelve months of pre-paid service, then any amounts prepaid cannot be refunded byInterserver in the event Account Holder stops using the service.
Domain Name Registration or Transfer Terms of Agreement
I understand that Interserver will handle the paperwork and the processing of the registration withthe NIC. I also understand that Interserver will do a preliminarysearch for name availability but cannot guarantee any name willbe available at the time my application is received by the NIC.There is currently a 14 day backlog on registrations and there isthe possibility the name I have chosen on my order form will betaken just prior to my application. By submitting my applicationI am also certify that the use of my requested domain name, orcontinued use of an existing name, does not infringe upon anytrademark or any other legal statutes. Any disputes arising aftermy name is registered will have to be settled between thecontending parties using normal legal methods. I hold Interserverfree and harmless from any liabilities or litigation that mayarise from my domain name reservation.
DISCLAIMER: By the registration of your nameon the Internet, the IANA, the InterNIC, Network Solutions, Inc.,the University of Southern California, Interserver,and the National Science Foundation are accepting in good faiththat you have the right to the use of that name. The IANA andInterNIC/Network Solutions function in registering domain nameson the Internet is to assure that the name does not conflict withany other name in the name space requested.
The user by its registration anduse of the name and/or their continued use of an existing name,agrees, as part of their request for name registration, toindemnify and hold harmless from any and all costs, fees,expenses arising from litigation involving trademark, tradenames, service mark, and any other name infringements, or otherreasons, the IANA, the InterNIC, Network Solutions, Inc., theUniversity of Southern California, Interserver, and the NationalScience Foundation.
The party requesting registration of this name certifies that to his/her knowledge,the use of this name does not violate trademark or other statutesand that the InterNIC will invoice them directly for an initial registration fee of $70 which pays for two years ofregistration.
Registering a domain name does not confer any legal rights to that name and any disputes between theparties over the rights to use a particular name are to besettled between the contending parties using normal legal methods(See RFC 1591).
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