Provider: ROCKHOST.COM, Inc. (Payee)
Client: Person/Business/Entity (Payor)
1. Client will use services in a manner consistent with any and all applicable laws of the United States.
2. Provider reserves the right, in its sole discretion, to deactivate the Client’s account(s) upon an indication of credit problems or payments delinquent more than 10 days.
3. Services are active on an “as is, as available” basis. This expressly includes any reimbursement for losses of income due to disruption of service by Provider, the Internet, or any acts of God.
4. Provider is not responsible for any damages arising from Client’s use of Provider’s services or by Client’s inability to use the services for any reason.
5. Provider is not held accountable for loss Client’s web files. Client is solely under obligation for independent backup of data stored on Provider unless otherwise expressed. Please, always, keep a safety copy on hand.
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, statute, common law, proprietary rights, or contain anything libelous, slanderous, or harmful to a third party. Any potentially illegal activity may result in service deactivation 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’s service usage will not contain anything leading to an abusive or unethical use of the Provider’s server(s). Abusive and unethical materials and uses include, but are not limited to; pornography, violations of privacy, computer viruses, file sharing, obscenity, and any harassing or derogatory materials, comprising of items deemed illegal by the laws of the United States of America. Client’s publishing of said materials will result in account suspension.
8. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated very carefully. Provider is not liable for protection or privacy of electronic mail or other data transferred through the Internet or any other network.
9. Use of distribution lists via unsolicited electronic mail (SPAM) or other mass electronic mailings is STRICTLY prohibited. The Provider reserves the right to suspend the Client’s account(s) upon an indication of such activity.
10. Provider will not consent unsanctioned use of datum on Provider’s server(s) by users of other computers or ISPs. Links to and from HTML pages by third parties is permitted, but no other links, a.k.a. “hotlinks” or “hotlinking,” (embodying, but not limit to; graphical and binary data) are condoned. Provider will be the sole arbiter in determining what is improper or illegitimate use of content. Provider mayor may not give notice prior to deactivation of account(s) in violation of this provision.
11. The act of phishing or attempting to gain personal financial information illegally is strictly prohibited on the server(s). ROCKHOST.COM, Inc. has a zero tolerance policy on this matter.
12. Provider and Client agree to use their best efforts and cooperation in the fruition of this agreement.
13. This agreement shall be binding on the parties, and on their successors and associates, without regard to whether it is expressly acknowledged in any instrument of succession or assignment.
Provider will invoice and bill Client the fees stipulated on receipt. Initial cost and billing cycle start upon first payment. Accounts which are more than 10 days past due are subject to disconnection or cancellation of services. No refunds or prorations are given upon cancellation.
Over usage charges may be applied at the fair market value to those accounts exceeding the monthly limit of data transfer. In most situations a simple package upgrade resolves the problem.
Each individual service in this agreement may be terminated by Client with the understanding that payment made for each service within the current billing cycle is non refundable. Provider may or may not notify Client when in violation of any single part of this agreement.