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Web
Hosting Service Agreement
Agreed upon as follows:
"Provider":
Gothic Computer & Printing "Client":
The person(s) or entity that are applying
for Web Hosting services.
The Provider agrees to provide, and Client agrees
to receive, access to the Web Hosting services according to the
following terms and conditions:
1. Client will use the web hosting services in a
manner consistent with any and all applicable laws of the state of
Maryland, and the US federal government.
2. Provider reserves the right, in its sole
discretion, to deactivate the client's web hosting account(s) upon an
indication of credit problems including delinquent payments.
3. The provider service is provided on an "as
is, as available" basis. The provider gives no warranty,
expressed or implied, for the web hosting services provided,
including, without limitation, warranty of merchantability and
warranty of fitness for a particular purpose. This no warranty
expressly includes any reimbursement for losses of income due to
disruption of service by provider or its providers beyond the fees
paid by client to provider for services.
4. Provider is not responsible for any damages
arising from client's use of provider or by client's inability to use
the web hosting services for any reason.
5. While provider shall make every reasonable
effort to protect and backup data for client on a regular basis,
provider is not responsible for client's files residing on provider.
Client is solely responsible for independent backup of data stored on
provider.
6. Client hereby agrees that any material submitted
for publication on provider through client's account(s) will not
violate or infringe any copyright, trademark, patent, statutory,
common law or proprietary rights of others, or contain anything
libelous or harmful. Any potentially illegal activity may be be
deactivated without warning by the provider. Client hereby agrees to
indemnify and hold harmless the provider for any claim resulting from
the submission of illegal materials.
7. Client hereby agrees
that any material submitted for publication on provider through
client's account(s) will not contain anything leading to an abusive
or unethical use of the web hosting product(s) or the host server(s).
Abusive and unethical materials and uses include, but are not limited
to pornography, obscenity, nudity, violations of privacy, computer
viruses, and any harassing and harmful materials or uses. Client
hereby agrees to indemnify and hold harmless the provider from any
claim resulting from your publication of materials or your use of
those materials. Provider may or may not give notice before
deactivating the use of an account(s) which the provider decides is
an abusive or unethical use of the web hosting account(s) or host
server(s).
8. Due to the public nature of the internet, all
information should be considered publicly accessible, and important
or private information should be treated carefully. Provider is not
liable for protection or privacy of electronic mail or other
information transferred through the internet or any other network
provider or its customers may utilize.
9. Use of distribution lists via
unsolicited electronic mail or other mass electronic
mailings is strictly prohibited. The provider reserves the right to
deactivate the client's web hosting account(s) upon an indication of
such activity. Client hereby agrees to indemnify and hold harmless
the provider from any claim resulting from the client's or another
party's use of electronic mail service(s) on the client's web hosting
account(s).
10. Setting up accounts for
purposes of flooding the search engines is strictly prohibited.
Flooding search engines may include: using mirror sites, having
several pages with essentially identical information, using meta tags
that do not accurately reflect the content of the page, hiding large
quantities of text so visitors can't see it, excessive submissions of
the site to the search engines, or other similar activities as
defined by provider. The provider reserves the right to
deactivate the client's web hosting account(s) without notice upon an
indication of such activity.
11. In the event it is necessary to refer any dispute to
an attorney or resolve it in a court of law, the prevailing party
will be entitled to an award of reasonable attorney's fees and all
costs associated with any legal action, whether or not a suit shall
actually be filed.
12. Provider maintains control and any ownership of any
and all I.P. Numbers and addresses that may be assigned to client and
reserves in its sole discretion the right to change or remove any and
all I.P. numbers and addresses.
13. The Client may only access the server by means of the
Internet, an interstate common carrier of information.
14. Since the Internet depends on a complex system of
utilities, (telephone, electricity, gas), institutions, (InterNIC,
DNS, regulators, backbone providers, banks), people (transportation,
food service, repairmen, governments), domestic peace, etc. Client
agrees to accept the risk that Provider may be inoperable or
unreachable due to disruptions in these basic utilities and
circumstances.
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