MODIFICATIONS. THESE TERMS AND CONDITIONS MAY BE MODIFIED FROM TIME TO TIME IN THE SOLE DISCRETION OF THE SERVICE PROVIDER(S) OR AS REQUIRED BY APPLICABLE LAW. YOU AGREE TO REVIEW THESE TERMS FROM TIME TO TIME AND TO BE BOUND BY SUCH CHANGES AS THEY PERTAIN TO THE SERVICES COVERED BY THIS AGREEMENT.
SUBSCRIBER INFORMATION. Subscriber hereby certifies that Subscriber is not a minor and that Subscriber has provided accurate, complete, and updated Subscriber information required during registration.
ACCEPTABLE USE POLICY Subscriber's use of the Services is subject to, and Subscriber agrees to be bound by the Acceptable Use Policy ("AUP") found attached found at http://hostingsvcs.com/legal/acceptable-use.php, which is incorporated by reference herein. Subscriber acknowledges that it has read, reviewed and understands the AUP, and agrees to be bound by and comply with then-current version of the AUP, which may be updated from time to time. Violation of the AUP may result in immediate termination of your service.
WEB COMMERCE. Subscriber acknowledges that communications and transactions conducted on-line may not be absolutely secure. By engaging in on-line activity, Subscriber accepts the responsibilities and risks associated with the use of the Internet generally. All transactions relating to merchandise or services offered by Subscriber through this Service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between Subscriber and its third party customer/users/purchasers. Subscriber's collection, storage, security, access, use and disclosure of Subscriber's customer/user/purchaser personal data will comply with all applicable federal, state and local laws, rules, regulations and policies applicable to Subscriber's activities. Service Provider(s) make no warranties or representations whatsoever with respect to Subscriber goods and services, data handing and security practices, nor with respect to the qualifications of any third party purchaser, and shall not be liable in any way to any third party for claims related in any way to Subscriber's site.
DISCLAIMER. THE SERVICE IS NOT GUARANTEED TO BE ERROR FREE. THE HOSTING SERVICE PROVIDER DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
SERVICE RULES.
1. Dial-up Access/Time Limitations. Subscriber hereby acknowledges that the Service Provider(s) may terminate any dial-up connection following 30 minutes of inactivity as determined by the Service Provider(s). Service Provider(s) reserves the right to limit, restrict or prioritize access to system resources, including CPU time, memory and disk space, including CPU time, memory and disk space.
2. IP Addresses. If the Service Provider(s) assigns Subscriber an Internet Protocol ("IP") address for Subscriber's use of the Service Provider(s) Service, the right to use that IP address will belong only to the Service Provider(s) , and Subscriber will have no right to use that Internet Protocol address except as allowed by the Service Provider(s) in its sole discretion in connection with the plan Subscriber have selected, during the term of this agreement.
3. Electronic Mail. Service Provider(s) may, but is not obligated to, block any incoming or outgoing e-mail message that the Service Provider(s) determines, in its sole discretion, is unsolicited or otherwise violates these terms. Service Provider(s) shall not be responsible for lost, misdirected, undeliverable or blocked e-mail, whether in transmission or receipt. Subscriber may not use any Service, related equipment or any e-mail address provided or used through the Services, in connection with the transmission of the same or substantially similar unsolicited message to fifty (50) or more recipients in a single day. For each day upon which Subscriber's e-mail use is in excess of the limitations in this provision, the Service Provider reserves the right to charge, and Subscriber must pay additional service fees for such excess use as follows: $10 per day if Subscriber unintentionally exceed the limitation of this provision, or up to $1,000 per day Subscriber intentionally exceeds the limitations of this provision. , Service Provider(s), in its sole discretion, shall determine whether a transmission is intentional and/or whether waive all or part of the applicable. Payment under this provision will not prevent the Service Provider(s) from seeking legal remedies against Subscriber for any damages incurred as a result of such use, including damages or an injunction. All e-mail messages sent through the Service Provider(s) Services are transmitted through the Service Provider(s) network in California and other jurisdictions.
4. Storage Capacity. Subscriber's storage space and bandwidth utilization on the Service Provider(s) Service must remain within the Storage Space and Bandwidth Allocations associated with the access plan Subscriber has selected. For personal dial-up accounts, the Service Provider(s) will provide electronic mail storage per Subscriber's rate plan as specified at http://admin.hostingsvcs.com. Subscriber is responsible for ensuring that stored electronic mail will not exceed this limit. For the Service Provider(s) Hosting Services and similar accounts, these allocations are set forth in the account plan selected during registration. Additional storage space and bandwidth may be available at an additional charge. Please contact your Service Provider's Customer Care information for details.
Service Provider(s) reserves the right to delete all email messages from the server for any email box in Subscriber account that has not been accessed for at least 90 calendar days.
5. Traffic and Hits. If Subscriber publish any Web page or site using the the Service Provider(s) Service, the usage of that Web page or site should be consistent with the access plan Subscriber have chosen. For dial-up accounts, the Service Provider(s) may suspend or terminate access to Subscriber Web page or site if it is determined that that Web page or site has, on any single day, received download traffic of fifty megabytes (50,000K) or more.
6. Accounts and Passwords. Users are responsible for the security of all user id and password information. This agreement applies to all accounts, sub-accounts, alternative account names and passwords associated with Subscriber principal account. By enrolling for and using the Services, Subscriber accept sole responsibility for the security and confidentiality of all passwords. Accidental or unauthorized disclosure or use may have serious consequences and the Service Provider(s) shall have no liability for Subscriber failure to maintain this information securely. Additionally, Subscriber are responsible for the use of each of Subscriber accounts, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. In the event of a breach of security through Subscriber account, Subscriber should immediately contact the Service Provider(s) customer service at the appropriate designated phone number.
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YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND HOSTING PROVIDER FOR THE SERVICES PROVIDED HEREUNDER, AND THAT IT MAY BE AMENDED ONLY IN ACCORDANCE WITH THE TERMS STATED ABOVE.