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Where the
content states: "We" includes
2HostMe or any party acting on
2HostMe's implicit instructions.
"You" includes the person
purchasing the services or any
party acting on the customer's
instructions. "Member" includes
the purchaser of services or any
party acting on the purchaser's
instructions. "The Registrant"
includes the person applying for
a domain name or any party
acting on the Registrant's
instructions. "The Registry"
refers to the relevant domain
names Registry. "Server" means
the computer server equipment in
connection with the provision of
the Services. "Web Site" means
the area on the Server allocated
by us to you for use by you as a
site on the Internet. "TOS"
includes this agreement. 2HostMe
reserves the right to modify
this policy at any time,
effective immediately upon
posting of the modification In consideration of the mutual
covenants herein, the parties
agree to the following, which
shall apply during the term of
this agreement:
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1.
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Domain Name Registration |
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1.1
We make no representation that
the domain name you wish to
register is capable of being
registered by or for you or that
it will be registered in your
name. You should therefore not
assume registration of your
requested domain name(s) until
you have been notified that it
has or they have been
registered. Any action taken by
you before such notification is
at your risk.
1.2
The registration and use of your
domain name is subject to the
terms and conditions of use
applied by the relevant naming
authority; you shall ensure that
you are aware of those terms and
conditions and that you comply
with them. You shall have no
right to bring any claim against
us in respect of refusal to
register a domain name. Any
administration charge paid by
you to us shall be
non-refundable notwithstanding
refusal by the naming authority
to register your desired name.
1.3 We
shall have no liability in
respect of the use by you of any
domain name; any dispute between
you and any other person must be
resolved between the parties
concerned in such dispute. If
any such dispute arises, we
shall be entitled, at our
discretion and without giving
any reason, to withhold, suspend
or cancel the domain name. We
shall also be entitled to make
representations to the relevant
naming authority but will not be
obliged to take part in any such
dispute.
1.4 We
shall not release any domain to
another provider unless full
payment for that domain has been
received by us.
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2.
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Web Site
Hosting And
Email
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2.1
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.
2.2
You shall effect and maintain
adequate insurance coverage in
respect of any loss or damage to
data stored on the Server.
2.3
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:
2.3.1
you will not use the Server in
any manner which infringes any
law or regulation or which
infringes the rights of any
third part; nor will you
authorize or permit any other
person to do so.
2.3.2
you will not post, link to or
transmit:
(a)
any material which is unlawful,
threatening, abusive, malicious,
defamatory, obscene,
pornographic, blasphemous,
profane or otherwise
objectionable as determined by
2HostMe 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.
2.3.3
you will not send bulk email,
whether opt-in or otherwise,
from our network. Nor will you
promote a site hosted on our
network using bulk email.
2.3.4
you will not employ programs
which consume excessive system
resources including, but not
limited to, processor cycles and
memory. We do not host IRC, IRC
bots, or other server resource
intensive programs.
2.3.5
If you surpass your allotted
disk/bandwidth usage as set
forth in your purchased plan,
you agree to purchase the excess
in blocks as set forth in our
"plans" section. Such payment to
be immediate and non-disputable.
2.4
We reserve the right to remove
any material which we deem
inappropriate from your web site
without notice. We do not host
Warez, Underage Adult,
Pornographic, or Copyrighted MP3
content.
2.5
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.
2.6
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.
2.7
Members utilizing free hosting
shall exclude themselves from
promotions offered and afforded
to paying Members.
2.7.1
Members utilizing free hosting
shall display a banner as
supplied by 2HostMe.
2.8
You shall procure that all mail
is sent in accordance with
applicable legislation
(including data protection
legislation) and in a secure
manner.
2.8.1
Sending unsolicited mail
messages, including, without
limitation, commercial
advertising and informational
announcements, is expressly
prohibited. A Member shall not
use another site's mail server
to relay mail without the
express permission of the site.
2.8.2
It is contrary to 2HostMe policy
for Members to use our servers
to effect or participate in any
of the following activities:
To post to any Usenet or other
newsgroup, forum, e-mail mailing
list or other similar group or
list articles which are
off-topic according to the
charter or other owner-published
FAQ or description of the group
or list.
To send mass e-mailings; whether
unsolicited, opt-in, or
otherwise.
To engage in any of the
foregoing activities using the
service of another provider, but
channeling such activities
through a 2HostMe provided
server, or using a 2HostMe
provided server as a mail drop
for responses.
To falsify user information
provided to 2HostMe or to other
users of the service in
connection with use of a 2HostMe
service.
2.8.2(a) Consequences of
Violation:
When 2HostMe becomes aware of an
alleged violation of its
Acceptable Use Policy, 2HostMe
will initiate an investigation.
During the investigation 2HostMe
may restrict Member's access in
order to prevent further
possible unauthorized activity.
Depending on the severity of the
violation, 2HostMe may, at its
sole discretion, restrict,
suspend, or terminate Member's
account and/or pursue other
civil remedies. If such
violation is a criminal offense,
2HostMe will notify the
appropriate law enforcement
department of such violation.
2.8.2(b) You shall be
held liable for any and all
costs incurred by 2HostMe as a
result of your violation of
these terms and conditions. This
is including, but is not limited
to, attorney fees and costs
resulting from Postmaster
responses to complaints from and
the cleanup of unsolicited
commercial mailings and/or
unauthorized bulk mailings
and/or news server violations.
2HostMe’s current hourly rate
for Postmaster responses to
complaints and cleanup of
unsolicited commercial mailings
and/or unauthorized bulk
mailings and/or news server
violations is € 80.00 per hour,
with a minimum one (1) hour
charge, plus € 1.00 for each
bulk-email or Usenet message
sent, plus € 0.50 per complaint
received. Server maintenance
fees of €85.00 per hour.
2.8.3
2HostMe does not issue service
credits for any outages incurred
through service disablement
resulting from Policy
violations.
2.9
Any access to other networks
connected to 2HostMe must comply
with the rules appropriate for
those other networks
2.10
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.
2.11
You may cancel the Services at
any time by logging into the
Ticket Desk Support System
(for verification) and
requesting cancellation of
services.
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3.1
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.
3.2
We shall have the right to
suspend the Services at any time
and for any reason, generally
without notice, but if such
suspension lasts or is expected
to last for more than 7 days you
will be notified of the reason.
As a reseller or sub-client, it
is your responsibility to take
care of backup for sites that
may be yours or ones under you.
We also reserve the right to
disallow services/hosting to any
client as we feel necessary and
hold no liability. Also please
note that we do not offer any
sort of compensation on our
network uptime guarantee.
3.3
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 log-in session
under any one account may be
used at any time by you. If you
have multiple accounts, you are
limited to one login session per
system account at any time; user
programs may be run only during
log-in 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.
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4.1
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. We reserve
the right to change pricing at
any time although all pricing is
guaranteed for the period of pre
payment.
4.2
Payment is due each anniversary
month, quarter or year following
the date the Services were
established until closure notice
is given. If you choose to pay
by credit or debit card you
authorize 2HostMe to debit your
account renewal fees from your
card.
4.3
All payments must be in (€)
Euros.
4.4
If your check is returned by the
bank as unpaid for any reason,
you will be liable for a
"returned check" charge of €30.
4.5
Without prejudice to our other
rights and remedies under this
Agreement, if any sum payable is
not paid on or before the due
date, we shall be entitled
forthwith to suspend the
provision of Services to you,
and charge you a €10 late fee.
5.1
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.
5.2
If you break any of these terms
and conditions we may suspend
the Services and/or terminate
this Agreement forthwith without
notice to you.
5.3
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 suspend the Services and/or
terminate this Agreement
forthwith without notice to you.
5.4
No refunds will be made for
Services suspended in accordance
with 5.1, 5.2 and 5.3.
5.5
We reserve the right to suspend
the Services and/or terminate
this Agreement at any time. In
the event of this You will a be
entitled pro rata refund based
upon the remaining period of
membership.
5.6
You may cancel the Services at
any time by logging into the
Ticket Desk Support System
(for verification) and
requesting cancellation of
services.
5.7
During the first 45 days of
Services, You are entitled to a
refund of fees paid with the
exclusion of domain name
registration, dedicated server,
data transfer fees, and
excessive support requests
should you decide to cancel the
Services for just cause. 2HostMe
shall be the sole arbitrator as
to the validity of your claim of
just cause. And will subtract
the aforementioned fees from any
monies due you.
5.7.1
During the first fourty five
days of service you are entitled
to a full, no questions asked
refund excluding as set forth in
sections 5.7, 5.7.2, 5.7.3, and
12.5; as well as exclusions
listed in section 2 above. For
the remaining time your refund
will be prorated and factored at
the full discretion of 2HostMe.
5.7.2
Partner Plans (Resellers) are
eligible for above refund minus
usage fees; if such use has been
deemed excessive at the
discretion of 2HostMe. Such
accounts are often more resource
intensive than standard shared
hosting accounts and, therefore,
do not qualify under our
standard 30 day guarantee
details.
5.7.3
You will not be entitled to a
refund on these basis if you
have previously had an account
with 2HostMe under any plan or
service.
5.7.4
Allow 30 (thirty) days for
refund payments to process. If
you have not received refund
within this time allotment;
please contact us.
5.8
Where payment has been made by
credit or debit card, any refund
will only be issued to the same
credit or debit card.
5.9
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.
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6.1
You shall indemnify us and keep
us indemnified and hold us
harmless from and against any
breach by you of these terms of
business and any claim brought
against us by a third party
resulting from the provision of
Services by us to you and your
use of the Services and the
Server including, without
limitation, all claims, actions,
proceedings, losses,
liabilities, damages, costs,
expenses (including reasonable
legal costs and expenses),
howsoever suffered or incurred
by us in consequences of your
breach or non-observance of this
Agreement.
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7.
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Limitation
Of Liability |
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7.1
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, subject always
to sub clause.
7.2
Nothing in these terms and
conditions shall exclude our
liability for death or personal
injury resulting from our
negligence.
7.3
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.
7.4
In any event no claim shall be
brought unless you have notified
us of the claim within one year
of it arising.
7.5
In no event shall we 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.
7.6
You are responsible for
monitoring Bandwidth and Disk
space usage of your site. This
is easily done from your Control
Panel. If you go over the amount
indicated in your current plan;
you will assessed a surcharge as
set forth in our pricing
structure.
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8.1
Any notice to be given by either
party to the other may be sent
by either email, fax or recorded
delivery to the address of the
other party as appearing in this
Agreement or ancillary
application forms or such other
address as such party may from
time to time have communicated
to the other in writing, and if
sent by email shall unless the
contrary is proved be deemed to
be received on the day it was
sent or if sent by fax shall be
deemed to be served on receipt
of an error free transmission
report, or if sent by recorded
delivery shall be deemed to be
served two days following the
date of posting.
9.1 On
our site you will find links to
all the information to get your
web site up and running. All
information pertaining to your
account should have been
included in the Welcome Letter
you received when we created
your account. If you did not
receive a welcome letter email,
please contact
Tech Support Services. There
are several reasons an email may
not reach you; first and
foremost is if the domain you
have contracted services for is
the same domain your welcome
email was sent to.
9.2
The support feature of our
service at present time consists
of our
Support System solving
server related problems only.
9.2.1
If you require support for your
scripting, there are several
online tutorials available we
can help you find. You may
purchase our technicians'
services at the rate of €40 per
hour, with one half hour minimum
billed. We reserve the right to
wave this fee at any time.
9.3
Support can only be addressed through our
Support System.
9.4
All Support requests are to be
processed through our
Support System. Any other
request for support, except as
noted in Section 9.5, will be
considered a breach of our TOS.
9.5 In
the event of a server outage or
other such emergency, you are
free to contact us in any
manner.
10.1
All agreements to which these
general terms fully or partly
apply, shall be governed by
Dutch law.
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11.1
Headings are included in this
Agreement for convenience only
and shall not affect the
construction or interpretation
of this Agreement.
12.1
No one shall post defamatory,
scandalous, or private
information about a person
without their consent,
intentionally inflicting
emotional distress, or violating
trademarks, copyrights, or other
intellectual property rights.
12.2
Any abuse towards any 2HostMe
employee will not be tolerated.
You are expected to request and
respond to support and other
issues in a professional manner.
When emailing 2HostMe or
utilizing the
Ticket Desk Support System,
refrain from using caps,
exclamation points, and other
forms of written yelling. Any
cursing, yelling, or further
intentional disruptive behavior
aimed at 2HostMe or it's
employees shall be considered a
violation of this TOS.
12.3
Any threat; whether verbally,
orally, written, or delivered by
second parties directed towards
2HostMe or any of it's
employees, partners, equipment,
and concerns shall be construed
as a violation of this TOS.
12.4
Any conduct viewed as violating
this section shall be considered
a violation of this TOS. 2HostMe
will be the sole arbitrator in
regards to what is deemed a
violation.
12.5
No refunds shall be given when
the contents of this section
necessitates removal of the
account. |
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13.
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Cancellation
of Services |
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13.1
You may cancel the Services at
any time by logging into the
Ticket Desk Support System
(for verification) and
requesting cancellation of
services.
14.1
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.
14.2
2HostMe reserves the right to
amend these TOS at any time.
14.3
It is your responsibility to
check these Terms of Service on
occasion for any such
amendments.
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