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06 /// January /// 2004
We now offer instant Online Support, so if you have
any questions or comments then please feel free
to ask us online now! One of our friendly customer
support staff is ready to answer any quires you
may have.
01 /// January ///
2004
Welcome to the all new VorHost,com! Along with our
new look, we have also revised all our hosting
packages in response to you, the client, exactly what you
want.
∞ View our packages now |
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Terms
of Service: |
This AGREEMENT (the "Agreement") is
made and entered into between Vorhost ("Host") and
you ("Client") (each being referred to individually
as a "Party" and collectively as the "Parties").
By registering for an account with Vorhost you agree to all
of the terms and conditions contained in this agreement:
Services
• Hosting Services
Host agrees to provide Client with services for hosting of a
site on the World Wide Web portion of the Internet (the "Web
Site") as set forth or described in the Pricing Schedule
contained on Idologic.com. Host shall provide the Hosting Services
so that the Web Site is accessible to third parties via the
World Wide Web portion of the Internet as specified herein.
Except as expressly provided herein, Client agrees that Host
is responsible only for providing the Hosting Services, and
Host is not responsible for providing any services or performing
any tasks not specifically set forth in the Pricing Schedule.
At the time of execution of this Agreement, to the extent that
Client wishes to receive from Host Additional Services the arrangements
for their provision shall be set forth in a separate addendum
to this Agreement which is duly executed by the Parties (the
"Services Addendum"), and the Services Addendum shall
be incorporated into, and become a part of this Agreement. (The
Hosting Services and the Additional Services will hereinafter
be referred to collectively as the "Services").
• Content
Client shall be responsible for maintaining its own content
via FTP (file transfer protocol). Client also assumes responsibility
for backups including, but not limited to, their website and
email. Host will provide backup in accordance with industry
accepted standards of due diligence, but does not guarantee
the integrity or usability of these backups.
• Availability of Web Site
The Web Site shall be accessible to third parties via the World
Wide Web portion of the Internet twenty-four (24) hours a day,
seven (7) days a week, except for scheduled maintenance and
required repairs, and except for any loss or interruption of
Hosting Services due to causes beyond the control of Host or
which are not reasonably foreseeable by Host, including, but
not limited to, interruption or failure of telecommunication
or digital transmission links and Inter-net slow-downs or failures.
In the event of any loss or interruption of Hosting Services,
Client's sole and exclusive remedy and Host's sole and exclusive
liability for any loss or interruption of Hosting Services shall
be as follows: for loss or interruption of Hosting Services
which is due to (i) causes other than scheduled maintenance
and required repairs, or (ii) causes beyond the control of Host,
or (iii) causes which are not reasonably foreseeable by Host,
including, but not limited to, interruption or failure of telecommunication
or digital transmission links and Internet slow-downs or failures,
which loss or interruption of Hosting Services exceeds a period
of three (3) hours and thirty-six (36) minutes in a month, Client
shall receive a credit against future Hosting Services equal
to the total amount of Hosting Service fees paid by the Client
to the Host in the previous month, excluding setup, registration
and overusage fees.
• Domain Name Registration
As part of the initial Hosting Services, Client shall provide
Host with a registered domain name, or Host shall register domain
name(s) selected by Client provided that such domain name is
available for registration and does not violate any ICANN or
other registration services' policies, or any law or regulation.
Client agrees to promptly reimburse to Host any fees paid by
Host to a domain-name registrar or other registration services
with respect to the registration and maintenance of such domain
name.
• Domain Name Disputes
Host shall not be liable for any domain-name disputes which
Client may enter into or otherwise encounter. Such disputes
shall be governed by the relevant ICANN dispute procedures adopted
by the domain-name registrar with which Client's domain-name
has been registered.
• Additional Storage and Transfer
In the event that the Web Site requires storage and transfer
on the Host Server which exceeds the amount of storage included
in the Hosting Services, Client may, upon two (2) days written
e-mail notice to Host, request that Host (a) upgrade the level
of Hosting Services, or (b) acquire additional incremental storage
to be included in the Hosting Services, on a time and materials
basis and in accordance with the Pricing Schedule hereto. Host
shall review all such requests and determine, in consultation
with Client, whether it can reasonably comply with such requests
and, if so, Host shall propose a procedure and budget for complying
with such request.
• Client Content
Client assumes sole responsibility for (a) acquiring any authorization(s)
necessary for hypertext links to third party web sites, (b)
the accuracy of materials on the Web Site, including, without
limitation, Client Content, descriptive claims, warranties,
guarantees, nature of business, and address where business is
conducted, and (c) ensuring that the Client Content does not
infringe or violate any right of any third party. Notwithstanding
the foregoing, Host reserves the right, in its sole discretion,
to exclude or remove from the Web Site any hypertext links to
third party web sites, any Client Content on the Web Site, or
other content not supplied by Host which, in Host's sole reasonable
discretion, may violate or infringe any law or third party rights
or which otherwise exposes or potentially exposes Host to civil
or criminal liability or public ridicule, provided that such
right shall not place an obligation on Host to monitor or exert
editorial control over the Web Site.
• Limitations on Client Content
Client shall place only content that does not contain any materials
which are obscene, threatening, malicious, which infringe on
or violate any applicable law or regulation or any proprietary,
contract, moral, privacy or other third party right, or which
otherwise exposes Host to civil or criminal liability. Any such
materials placed on the Web Site which do not satisfy the foregoing
requirements shall be deemed to be a material breach of this
Agreement.
• Resource Usage
Client may not initiate the following on our servers:
any process that requires more than 8Mb of memory space, more
than 30 CPU seconds, or use more than 5% of all available system
resources at any time;
any type of interactive real-time chat applications that require
server resources;
stand-alone, unattended server-side processes at any point in
time on the server;
any software that interfaces with an IRC (Internet Relay Chat)
network; and
remote access to databases located on the Host's servers.
• Spam
Client shall not send unsolicited bulk e-mail, commonly know
as spam, from or through their account. Any use of Client's
account to send unsolicited bulk e-mail shall be a material
breach of this agreement and shall be grounds for immediate
cancellation of Client's account without notice. Any charges
related to spam will be charged to the customer.
• Refusal or discontinuation of service
VorHost reserves the right to refuse or discontinue service
to anyone at Hosts's sole discretion. Host may deny you access
to all or part of the service without notice if you engage in
any conduct or activities that Host in its sole discretion believes
violates any of the terms and conditions in this agreement.
Host shall have no responsibility to notify any third-party
providers of services, merchandise, or information, nor any
responsibility for any consequences resulting from such discontinuance
or lack of notification. You agree that Host has the right to
monitor the service electronically from time to time and to
disclose any information as necessary to satisfy the law, or
to protect itself or its subscribers. Host reserves the right
to refuse to post or to remove any information or materials,
in whole or in part, that, in its sole discretion, are unacceptable,
undesirable, or in violation of this agreement. Host also reserves
the right to refuse refunds in cases where Host believes abuse
has taken place.
Fees
• Hosting Services Fees
Client shall pay Host all fees for the Hosting Services in accordance
with the applicable fee and payment schedule set forth in the
Pricing Schedule hereto. Host expressly reserves the right to
change its rates charged hereunder for the Services during any
Renewal Term (as defined herein).
• Late Payment
Host may terminate service when any payment is late and shall
not be responsible for maintaining any data Client may have
uploaded to Host's server.
• Money Back Guarantee
Each plan includes a full 30-days money back guarantee. If Client
is not completely satisfied with Host's services within the
refund time period of 30 days, then Client will be given a full
refund of the contract amount excluding overages. No refund
is available after that period. This policy does not apply to
any additional services such as overages, disk space, bandwidth,
maintenance fees, etc. Accounts cancelled/terminated for violating
the Terms Of Service do not qualify for the 7-day money back
guarantee. Only first-time accounts are elegible for a refund.
Disclaimer of Warranty
HOST MAKES NO WARRANTIES HEREUNDER, AND HOST EXPRESSLY DISCLAIMS
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Indemnification
• A. Client
Client agrees to indemnify, defend, and hold harmless Host,
its directors, officers, employees and agents, and defend any
action brought against same with respect to any claim, demand,
cause of action, debt or liability, including reasonable attorneys'
fees, to the extent that such action is based upon a claim that:
(i) if true, would constitute a breach of any of Client's representations,
warranties, or agreements hereunder; (ii) arises out of the
negligence or willful misconduct of Client; or (iii) any of
the Client Content to be provided by Client hereunder or other
material on the Web Site infringes or violates any rights of
third parties, including without limitation, rights of publicity,
rights of privacy, patents, copyrights, trademarks, trade secrets,
and/or licenses.
• B. Host
Host agrees to indemnify, defend, and hold harmless Client,
its directors, officers, employees and agents, and defend any
action brought against same with respect to any claim, demand,
cause of action, debt or liability, including reasonable attorneys'
fees, to the extent that such action arises out of the gross
negligence or willful misconduct of Host.
• Notice
In claiming any indemnification hereunder, the indemnified Party
shall promptly provide the indemnifying Party with written notice
of any claim which the indemnified Party believes falls within
the scope of the foregoing paragraphs. The indemnified Party
may, at its own expense, assist in the defense if it so chooses,
provided that the indemnifying Party shall control such defense
and all negotiations relative to the settlement of any such
claim and further provided that any settlement intended to bind
the indemnified Party shall not be final without the indemnified
Party's written consent, which shall not be unreasonably withheld.
• Limitation of Liability
HOST SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR
ALTERATION, THEFT OR DESTRUCTION OF, THE WEB SITE OR CLIENT'S
DATA FILES, PROGRAMS OR INFORMATION THROUGH ACCIDENT, FRAUDULENT
MEANS OR DEVICES. HOST SHALL HAVE NO LIABILITY WITH RESPECT
TO HOST'S OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR
CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES
EVEN IF HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, THE LIABILITY OF HOST TO CLIENT FOR ANY REASON
AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID TO HOST BY CLIENT UNDER THIS AGREEMENT DURING
THE MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM
ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN
THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS,
AND OTHER TORTS.
Termination and Renewal
• Term
This Agreement shall be effective when signed and Clients assent
by virtue of clicking the button or checkbox at the bottom of
this agreement shall constitute signing by the Parties and thereafter
shall remain in effect unless earlier terminated as otherwise
provided in this Agreement (the "Initial Term"). This
Agreement shall automatically be renewed beyond the Initial
Term for additional one(1) year terms (each, a "Renewal
Term") unless Client provides Host with a written notice
of termination at least thirty (30) days prior to the expiration
of the Initial Term or the then-current Renewal Term.
• Termination
Host may terminate this Agreement at any time and for any reason
by providing written notice of termination to Client and refunding
a pro rata portion of fees paid to Client for Hosting Services
not yet rendered on the date of termination.
• Termination and Payment
Upon any termination or expiration of this Agreement, Client
shall pay all unpaid and outstanding fees through the effective
date of termination or expiration of this Agreement.
• Entire Agreement
This Agreement and Schedules referenced herein constitute the
entire agreement between Client and Host with respect to the
subject matter hereof and there are no representations, understandings
or agreements which are not fully expressed in this Agreement.
• Force Majeure
Except for the payment of fees by Client, if the performance
of any part of this Agreement by either Party is prevented,
hindered, delayed or otherwise made impracticable by reason
of any flood, riot, fire, judicial or governmental action, labor
disputes, act of God or any other causes beyond the control
of either Party, that Party shall be excused from such to the
extent that it is prevented, hindered or delayed by such causes.
• Assignment
Client shall not assign, without the prior written consent of
Host, its rights, duties or obligations under this Agreement
to any person or entity, in whole or in part, whether by assignment,
merger, transfer of assets, sale of stock, operation of law
or otherwise, and any attempt to do so shall be deemed a material
breach of this Agreement.
• Modification and Notice
Host has the right to modify this Agreement. Any modification
is effective immediately upon either a posting on the support
helpdesk (http://helpdesk.webserverdns.com), or upon notice
by electronic mail, or postal mail. Client's continued use of
the Host's Service following notice of any modification to this
Agreement shall be conclusively deemed an acceptance of all
such modification(s). Client's only right with respect to any
dissatisfaction with any modifications made pursuant to this
provision, or any policies or practices of Host in providing
the Services, including, without limitation, (i) any change
in the content of the Services, or (ii) any change in the amount
or type of Service Fees, is to terminate this agreement by delivering
notice to Host. Such notice will be effective upon receipt by
Host.
• Waiver
The waiver of failure of either Party to exercise any right
in any respect provided for herein shall not be deemed a waiver
of any further right hereunder.
• Severability
If any provision of this Agreement is determined to be invalid
under any applicable statute or rule of law, it is to that extent
to be deemed omitted, and the balance of the Agreement shall
remain enforceable.
• Counterparts
This Agreement may be executed in several counterparts, all
of which taken together shall constitute the entire agreement
between the Parties hereto.
• Headings
The section headings used herein are for reference and convenience
only and shall not enter into the interpretation hereof.
• Approvals and Similar Actions
Where agreement, approval, acceptance, consent or similar action
by either Party hereto is required by any provision of this
Agreement, such action shall not be unreasonably delayed or
withheld.
• Survival
All provisions of this Agreement relating to Client warranties,
confidentiality, non-disclosure, proprietary rights, limitation
of liability, Client indemnification obligations and payment
obligations shall survive the termination or expiration of this
Agreement.
Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication
you may have had with Host or any agent or representative thereof,
and constitutes the complete and total agreement between the
parties. Should any provision of this agreement is determined
to be invalid or unenforceable, all other provisions shall remain
in full force and effect and said provision shall be reformed
only to the extent necessary to make it enforceable. By placing
and continuing to maintain or place information on Host's servers
you are stating and acknowledging that you have read the aforementioned
terms and conditions and that you understand such terms and
conditions and agree to be bound by them.
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