Domain Hosting City Terms of
Service Policy ("AUP") is provided to give our
customers and users a clear understanding of what
Domain Hosting City expects of them while using the service.
All users of
Domain Hosting City 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
Domain
Hosting City
service constitutes acceptance and agreement to
Domain Hosting City AUP
as well as
Domain Hosting City TOS (Terms of Service)
Domain Hosting
City 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 Domain Hosting City Terms of
Service Policy and Terms of Use. Your account
will be terminated without notice and you will
forfeit all of the monies that have been paid to
Domain Hosting City.
Examples of
content that is not acceptable on Domain Hosting
City
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
Domain Hosting City 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.
We welcome and
allow adult sites.
Adult sites allowed on all plans, except the
BASIC hosting plan. 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. We do
not allow child pornography.
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.
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 Domain Hosting City 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.
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 Domain Hosting City. We do also accept Check and
Money order. Please
contact us if you would like to pay via
check or money order.
Clients paying
via money
order, check and bank wire transfers will only
be provided services once the funds have been
received and cleared in full into our bank
account. Services will not be activated under
any circumstances unless we have received the
full amount payable. We are not responsible
for lost/stolen/returned checks and money
orders. Domain Hosting City is not liable for any losses
incurred due to lost/stolen/returned checks
and money orders.
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.
As a client of
Domain Hosting City, it is your responsibility to ensure
that your payment information is up to date, and
that all invoices are paid on time. Domain
Hosting City
provides a 5 day grace period from the original
billing date (e.g. the date you signed up for
your account). If payment is not received in
full within the 5 days after your original
billing date, a new invoice is generated that
will include a $5 late fee plus applicable taxes
(if any) and/or an account suspension until
account balance has been paid in full. A
suspension page may appear on the
account/website until payment is received in
full. Domain Hosting City is not liable for any losses
incurred by any parties due to suspension of
account/website for non payment.
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,
copyright infringement, trademark infringement,
bulk emailing, unsolicited emailing, newsgroup
spamming, spam, spam related products and/or
"anything else determined by us as not in
compliance with our Terms of Service including
abuse of server resources and storage (includes
video and audio files) 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 (Domain
Hosting City) 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.
Domain Hosting City reserves the right to cancel any
account with or without notice..
Domain Hosting
City 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
Domain Hosting City policy. Finally, Domain
Hosting City wishes to emphasize that in signing
the service agreement, subscribers indemnify
Domain Hosting City for any violation of the
service agreement, law, or Domain Hosting City
policy, that results in loss to Domain Hosting
City or the bringing of any claim against Domain
Hosting City by any third-party. This means that
if Domain Hosting City is sued because of a
subscriber's or customer of a subscriber's
activity, the subscriber will pay any damages
awarded against Domain Hosting City , 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.
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 and Chat/IRC scripts are not
allowed on our network under any circumstances.
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
Terms of Service. 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.
If you have any
questions please e-mail us at
support@Domain Hosting City.com