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Terms
and Conditions
Acceptable
Use Policy (AUP)
Wonderful
Hosting's Acceptable Use Policy ("AUP") is provided to give
our customers and users a clear understanding of what we expects of
them while using the service. All users of Wonderful Hosting's hosting
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 Wonderful Hosting Service constitutes acceptance and agreement
to Wonderful Hosting's AUP as well as Wonderful Hosting's TOS (Terms
of Service).
One
important aspect of the Internet is that no one party owns or controls
it. This fact accounts for much of the Internet's openness and value,
but it also places a high premium on the judgment and responsibility
of those who use the Internet to disseminate information to others.
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, except for certain proprietary
Web sites. However, in accordance with our TOS (Terms of Service),
we may remove any materials that, in our sole discretion, may be illegal,
may subject us to liability, or which may violate this AUP. We 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 AUP may result in the suspension or immediate termination
of your account with Wonderful Hosting.
Violations
of this AUP include:
SPAMMING
Sending
unsolicited bulk and/or commercial messages over the Internet or
USENET. When receiving a complaint, Wonderful Hosting has sole discretion
to determine whether the message(s) is considered as SPAM or not.
Maintaining an open SMTP relay is also prohibited. SPAM is not only
harmful and considered illegal but it also slows down the network
and servers.
Adult
Content
Pornography,
nudity, and sex-related merchandising are prohibited. This includes
sites that may infer sexual content; links to such adult content
elsewhere are also prohibited. We disallow adult content due to
the high resource such sites can use. If you are not sure whether
your site is considered to have adult content or not, please contact
us.
Harm
to minors
Use
of the Wonderful Hosting service to harm, or attempt to harm, minors
in any way, including, but not limited to child pornography.
Illegal
Use
Sites
that promote any illegal activities, such as Warez sites, FXP are
prohibited; links to such materials are also prohibited. Actual
files, including but not limited to pirated software, hacker programs,
cracks, and MP3 files, are strictly prohibited from being stored
on our servers. Violators' account will be canceled and monies will
be forfeit.
Intellectual
Property Violations
Engaging
in any activity that infringes or misappropriates the intellectual
property rights of others, including copyrights, trademarks, service
marks, trade secrets, software piracy, and patents held by individuals,
corporations, or other entities. Also, engaging in activity that
violates privacy, publicity, or other personal rights of others.
Violators' account will be canceled and monies will be forfeit.
Server
Abuse
Client
may not abuse the server at any given time. No site may use more
than 10% of the total server output at any given time.
Background
Running Daemons
Background
Daemons and or Programs in general are prohibited on Wonderful Hosting
servers, including, but not limited to, IRC bots, eggdrop, BitchX,
XiRCON and any other program that interferes with normal server
operation. We reserve the rights to cancel any accounts found with
such Daemons and/or Programs and forfeit any monies paid to Wonderful
Hosting/American Communications.
CGI
Abuse
Due
to their use of flat files instead of databases, we do not allow
the use of UBB or YABB bulletin boards. Use of these boards results
in system performance degradation and cannot be allowed in our shared
hosting environment. We suggest using VBulletin, xMB or phpBB as
a more efficient, database-driven alternative to these bulletin
boards.
We
reserve the right to disable any CGI scripts that might threat the
security and/or stability of the server at any time.
Other
Activities
Engaging
in activities, whether lawful or unlawful, that Wonderful Hosting
determines to be harmful to its clients, operations, reputation,
goodwill, or customer relations.
Terms
of Service (TOS)
Wonderful
Hosting provides web hosting services and thus has certain legal and
ethical responsibilities. By clicking the "Submit" button
on the order page, you agree to its terms and conditions ("the
Agreement"). "Company" means Wonderful Hosting and
"You" and "Client" means you, the client.
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Liability
and Indemnification
The
parties agree that in no event shall Wonderful Hosting be liable
to any third party for Client's breach or alleged breach of any
of the terms and conditions set forth in this Agreement.
Client
agrees that it will defend, indemnify, and hold harmless Wonderful
Hosting from any and all demands, fines, liabilities, losses,
costs, claims, and expenses, including attorney's fees, asserted
against Wonderful Hosting, its employees, officers, agents, and
directors that may arise or result from any service provided or
performed, or agreed to be performed, or any product sold by Client,
its employees, officers, agents, and directors.
Wonderful
Hosting assumes no liability of the Client for failure to follow
this Agreement and any results caused by the acts, omissions or
negligence of the Client, sub-contractor or an agent of Client
or an employee of any one to them, including, but not limited
to, claims of third parties arising out of or resulting from or
in connection with the Client's products, messages, programs,
caller contracts, promotions, advertising, infringement or any
claim for libel or slander or for violation of copyright, trademark
or other intellectual property rights.
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Term
The
term of this Agreement will continue until a notice of cancellation
by Wonderful Hosting or Client is given, or until terminated under
other provisions of this Agreement. Wonderful Hosting reserves the
right to terminate this Agreement without cause upon notification
to the Client. Wonderful Hosting may further terminate this Agreement
immediately without notice at any time the Client breaches any part
of this Agreement, or if any program or facility used by Wonderful
Hosting to implement this Agreement is disrupted or terminated for
any reason.
Wonderful
Hosting will not be held responsible for any damages you or your
business may suffer. Wonderful Hosting makes no warranties of any
kind, expressed or implied, for services rendered. Wonderful Hosting
disclaims any warranty or merchantability or fitness for a particular
purpose. Wonderful Hosting assumes no liability for disruptions
or improper operation of its equipment or software for any reason,
including, but not limited to, vandalism, theft, phone service outages,
Internet disruptions, human error, extreme or severe weather conditions
or any other causes in the nature of "Acts of God" or
force majeure. Wonderful Hosting will not be responsible for consequential
damages or punitive or exemplary damages under any circumstances.
In no case will Client be entitled to recover damages from Wonderful
Hosting.
In
the event Client defaults in any provision or fails to perform pursuant
to this Agreement, Wonderful Hosting will be entitled to damages,
costs, and attorney's fees from the Client.
Client
is responsible for the backup of it's website(s) and files. We will
make every reasonable attempt to avoid unexpected server downtime
and to ensure that all accounts are well taken care of. We cannot
guarantee or predict server downtime. Any network problem, or outage,
is not covered under any guarantee or warranty and will not be grounds
for reimbursement for any subsequent financial damages or losses.
Last
Modified Feb. 11 2002
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