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General
Hosting (hereby called "The Service Provider") is an
Internet Service Provider and host of personal and business
World Wide Web pages. General Hosting maintains The Service
Provider as a service to the Internet community. The goal of
General Hosting is to provide you with the best service
possible for an enjoyable Internet experience. These Terms
and Conditions are designed to keep General Hosting and the
Internet enjoyable and useful for all of our subscribers.
General Hosting is committed to and supports the free flow
of information and ideas over the Internet. General Hosting
does not actively monitor nor does General Hosting exercise
editorial control over the content of any web site,
electronic mail transmission, mailing list, news group or
other material created or accessible over General Hosting
services. However, General Hosting reserves the right to
remove any materials General Hosting does become aware of
that are, in General Hosting's sole discretion, potentially
illegal, could subject General Hosting to liability, deemed
erotic or/and porno or violate this policy. The use of The
Service Provider is subject to the following terms and
conditions. General Hosting may amend this agreement on an
as needed basis by placing an update of this posting, and
your continued use of The Service Provider following each
updated posting shall be deemed to be your acceptance of any
such modification. Furthermore, it is your responsibility to
monitor the "Terms and Conditions" page of The Service
Provider regularly to determine whether the terms and
conditions have been modified. If changes to terms and
conditions or pricing have been made, these changes will
take effect on the date of Client's contract renewal. If you
do not agree with the Terms and Conditions of The Service
Provider or any modifications or changes to this Agreement,
you must immediately stop using The Service Provider.
The entire content of The Service Provider is Copyrighted,
and all rights are reserved. You may save to disk or print
out individual or selections of information contained within
The Service Provider for your own use, provided that you do
not collect multiple small selections for the purpose of
replicating or copying all or substantial portions of The
Service Provider.
Terms of
Contract
I. Financial
Arrangements
1. Client agrees to the contract for the length specified,
beginning upon General Hosting's receipt by fax, e-mail, or
express mail. Client agrees to pay General Hosting for
services rendered pursuant to the payment schedule.
2. First payment shall be due upon receipt of contract.
3. This agreement will automatically renew for identical or
up to 1-year successive periods unless canceled in writing
or modified by client prior to the first day of the calendar
month during which the plan automatically renews. Client will
receive a receipt for charges and payment. Any invoice for
charges and payment is due upon receipt of invoice. Any
charged renewal fee or applicable set up fee, if any, is not refundable.
General Hosting reserves the right to charge a $3 to $5 late
fee in the case a payment would be settled late, or a $20
reconnection fee if any site was suspended as a result of
non-payment, and was requested to be reactivated with its
contents.
4. Initial payment is due with contract. Contract takes
effect on the date
of receipt of payment, and will be renewed automatically for
identical or up to 1-year successive periods. Any changes
made to the Client's package (e.g. extra traffic charges,
additional server space, additional e-mail accounts) shall
be billed accordingly.
5. All orders are subject to acceptance by General Hosting.
An order will be deemed accepted by General Hosting when
confirmation of the order is sent to Customer. General
Hosting may refuse to accept any order, or delay acceptance
awaiting completion of conditions General Hosting may choose
to exercise. Such refusal of such conditions may not be
unreasonable, however, and General Hosting agrees to provide
Customer with reasonable notice by Email or fax of any
intent to delay or decline the acceptance of any order.
II. Taxes
General Hosting shall not be liable for any taxes or other
fees to be paid in accordance with or related to purchases
made from Client or General Hosting's server. Client agrees
to take full responsibility for all taxes and fees of any
nature associated with any such products sold.
III. Material
and Products
1. General Hosting will exercise no control whatsoever over
the content of the information passing through the network
or on the Client's web sites. General Hosting makes no
warranties or guarantees of any kind, whether expressed or
implied for the service it is providing. General Hosting
also disclaims any warranty of merchantability or fitness
for particular purpose and will not be responsible for any
damages that may be suffered by the Client, including loss
of data resulting from delays, non-deliveries or service
interruptions or gaps by any cause or errors or omissions of
the Client. General Hosting is not responsible for any loss,
erasure, or corruption of Client's data or files whatsoever.
Use of any information obtained by way of General Hosting is
at the Client's own risk, and General Hosting specifically
denies any responsibility for the accuracy or quality of
information obtained through its services. Connection speed
represents the speed of connection to General Hosting and
does not represent guarantees of available end to end
bandwidth. General Hosting expressly limits its damages to
the Client for any non-accessibility time or other down time
to the pro-rata monthly charge during the system
unavailability. General Hosting specifically denies any
responsibilities for any damages arising from a consequence
of such unavailability. In the event that this material is
not "Server-ready", General Hosting may, at its option and
at any time, reject this material, including but not limited
to after it has been put on General Hosting's Server.
General Hosting agrees to notify Client immediately of its
refusal of the material and afford Client the opportunity to
amend or modify the material to satisfy the needs and/or
requirements of General Hosting. If the Client fails to
modify the material, as directed by General Hosting, within
a
reasonable period of time, the Agreement shall be
terminated.
IV. Trademarks &
Copyrights
Client warrants that it has the right to use the applicable
trademarks, if any, and grants General Hosting the right to
use such trademarks in connection with General Hosting's
service.
V. Etiquette and
Policy
1. The network resources of General Hosting may not be used
to impersonate another person or misrepresent authorization
to act on behalf of others or General Hosting. All messages
via General Hosting should correctly identify the sender;
users may not alter the attribution of origin in electronic
mail messages or postings. Users may not attempt to
undermine the security or integrity of computing systems or
networks and must not attempt to gain unauthorized access to
said networks. Clients may not use General Hosting's server
for mass e-mail or "spamming" purposes.
2. General Hosting may impose reasonable rules and
regulations regarding the use of its services. Customer
shall impose such rules and regulations on its customers to
the extent necessary to ensure compliance.
3. General Hosting may discontinue servicing any Plan, or
may require fulfillment of terms or conditions General
Hosting may choose to impose as a prerequisite for
continuing to service any such Plan. Such discontinuation or
requirement may not be unreasonable, however, and General
Hosting agrees to provide Customer with reasonable notice by
Email and fax of any such intent to discontinue or impose
certain conditions.
4. General Hosting's services may not be used for illegal
purposes, or in support of illegal activities. General
Hosting reserves the right to cooperate with legal
authorities and/or injured third parties in the
investigation of any suspected crime or civil wrong.
Activities which are prohibited as potentially illegal
include, but are not limited to: Unauthorized copying of
copyrighted material including, but not limited to,
digitization and distribution of photographs from magazines,
books, or other copyrighted sources, and copyrighted
software. Posting or e-mailing of scams such as
'make-money-fast' schemes or 'pyramid/chain' letters.
Threatening bodily harm or property damage to individuals or
groups. Making fraudulent offers of products, items, or
services originating from your account. Attempting to access
the accounts of others, or attempting to penetrate beyond
security measures of our or other systems (referred to as
hacking) whether or not the intrusion results in corruption
or loss of data. Harassing others by 'mail-bombing'.
'Mail-bombing' constitutes sending more than ten (10)
similar mail messages to the same e-mail address. Forging
any message header, in part or whole, of any electronic
transmission, originating or passing through General Hosting
services. Distributing viruses to or from General Hosting
systems.
5. Bulk email sent through a mail service external to our
system can not contain an email address or a domain name
that is hosted by General Hosting. This generally results in
complaints being forwarded to our administrative staff and
will be cause for immediate account termination or
suspension without prior notification.
6. Contents judged erotic or porno to the sole discretion of
General Hosting can not be hosted under any General Hosting
servers or services.
VI. Charges for
Space and Server Traffic Above and Beyond that which are
Allocated in Client's Hosting Plan Client agrees that it
will be charged and will remit payment for extra server
traffic pursuant to the web site hosting package that Client
has selected. Said charges will be prorated and will appear
on the following invoice. Charges for excess server traffic
are posted in the hosting
section of <http://www.--YOUR-DOMAIN-NAME--.COM/lib/stats>.
Client agrees that it will be charged and will remit payment
for extra server storage space and extra e-mail accounts
pursuant to the web site hosting package that Client has
selected. Said charges will be prorated and appear on the
following invoice. Charges for extra server storage space
and extra e-mail accounts
will be emailed to Client.
VII. Termination
1. This Agreement may be terminated by General Hosting,
without cause, by giving the other party 1-30 days notice
via e-mail or fax. In such event, General Hosting will be
required to pay to the other party an amount equal to the
unused and prorated portion of service excluding any setup
charges. Notwithstanding the above, General Hosting may
terminate the service under this Agreement at any time,
without penalty, if the Client fails to comply with the
terms of this Agreement. It is the clients responsibility to
point his/her domain to another service provider upon
termination, cancellation or discontinuation of service.
General Hosting reserves the right not to renew any plan
without notice.
2. General Hosting offers a 30-Day money back guarantee for
its services on newly created plans. This guarantee excludes any setup fees,
renewed plans or
installation charges applied to General Hosting's services.
3. General Hosting will not issue refunds or credits past
the 30-Day money back guarantee.
4. General Hosting reserves the rights to post advertising
banners and links on web sites of any Client who breaches
the Agreement, or who terminated the agreement but did not
remove their contents or files from their web hosting space,
or did not remove the General Hosting DNS server names from
their domain name registration record.
VIII. Limited
Liability
1. Client expressly agrees that use of General Hosting's
Server is at Client's sole risk. Neither General Hosting,
its employees, agents, resellers, third party information
providers, merchants licensers or the like, warrant that
General Hosting's Server service will not be interrupted or
be error free; nor do they make any warranty as to the
results that might be obtained from the use of the Server
service or as to the accuracy, or reliability of any
information service or merchandise contained in or provided
through the General Hosting Server service, unless otherwise
expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall
General Hosting, its offices, agents or any one else
involved in creating, or distributing General Hosting's
Server service be liable for any direct, indirect,
incidental, special or consequential damages that result
from the use of or inability to use the General Hosting
Server service; or that results from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in
operation, or transmission or any failure of
performance, whether or not limited to acts of God,
communication failure, theft, destruction or unauthorized
access to General Hosting's records, programs or services.
Client hereby acknowledges that this paragraph shall apply
to all content on General Hosting's Server service.
IX.
Indemnification
Client agrees that it shall defend, indemnify, save and hold
General Hosting harmless from any demands, liabilities,
losses, costs and claims, including reasonable attorneys'
fees, ("Liabilities") asserted against General Hosting, its
agents, its customers, servants officers and employees, that
may arise or result from any service provided or performed
or agreed to be performed or any product sold by Client, its
agents, employees or assigns. Client agrees to defend,
indemnify and hold harmless General Hosting against
Liabilities arising out of (i) any injury to person or
property
caused by any products sold or otherwise distributed in
connection with General Hosting's Server; (ii) any material
supplied by Client infringing or allegedly infringing on the
proprietary rights of a third party; (iii) copyright
infringement and (iv) any defective product which Client
sold on General Hosting Server.
X. Partial
Invalidity
If any provision of this agreement is held to be invalid by
a court of competent jurisdiction, then the remaining
provisions shall nevertheless remain in full force and
effect. General Hosting and Customer agree to renegotiate in
good faith any term held invalid and to be bound by mutually
agreed substitute provision.
XI. Disputes
The parties shall try to resolve all disputes that might
arise out of this agreement in a spirit of cooperation
without formal procedures. Any dispute which cannot be so
resolved (other than the collection of money due on unpaid
invoices) and other than the injunctive relief referred to
in paragraph 10 shall be subject to arbitration upon written
demand of either party. Arbitration shall take place in New
York, New York or at a different location if the parties so
agree. The arbitration will take place before an arbitration
panel chosen as follows: The parties shall each choose an
arbitrator, and the two arbitrators shall choose a third
arbitrator and determine the third arbitrator's pay. Each
party shall have one veto over the choice of the third
arbitrator. The three arbitrators shall schedule an informal
proceeding, hear the arguments, and decide the matter by
secret majority vote. Unless the arbitrators decide
otherwise, each party shall pay the costs of its own
arbitrator, and shall pay half of the other costs of the
arbitration proceeding. Each party shall have
the right to have the proceedings transcribed. The
arbitrators will not have the authority to award punitive
damages or any other form of relief not contemplated in the
contract. The majority of arbitrators shall render a written
opinion setting forth the basis on which they arrived at the
decision regarding each issue submitted to arbitration; the
dissenting arbitrator, if any, shall not issue a dissenting
opinion. Regarding each issue submitted to arbitration, the
decision will be final and binding only to the extent it is
accompanied by a written explanation of the basis upon which
it was arrived at. Judgment upon the award, if any, rendered
by the arbitrators may be entered in any court having
jurisdiction. Should any legal action permissible under this
agreement be taken to enforce the conditions and terms of
this agreement, in particular the right to collect money due
on unpaid invoices, the prevailing party shall be entitled
to recover reasonable legal fees and expenses incurred at
the trial and appellate levels.
XII.
Confidentiality
Customer acknowledges that by reason of its relationship
with General Hosting, it may have access to certain
products, information and materials relating to General
Hosting's business, plans, customers, software technology,
and marketing plans that are confidential and of substantial
value to General Hosting, which value would be impaired if
such information were disclosed to third parties. Customer
agrees that it will not use in any way for its own account
or for the account of any third party, nor disclose to any
third party, any such information revealed to it by General
Hosting. Customer further agrees that it will take every
appropriate precaution to protect the confidentiality of
such information. In the event of termination of this
agreement, there shall be no use or disclosure by the
Customer of any such confidential information in its
possession, and all confidential documents shall be returned
to General Hosting or destroyed. The provisions of this
section shall survive the termination of the agreement for
any reason. Upon any breach or threatened breach of this
section, General Hosting shall be entitled to injunctive
relief, which relief will not be contested by Customer.
Domain names are registered through third party ICANN
certified registrars. Unless otherwise requested or
specified, they will be renewed upon expiration for a period
of 1, 2 or 3 years.
XIII. Notices
Except with respect to service of process as set forth in
paragraph , all notices may be sent by email, fax, or
express mail to the email address, fax number, or address
most recently provided and will be effective upon
transmission. Evidence of successful transmission shall be
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