The Internet is a powerful information and
entertainment tool. We would expect our customers
to use the Internet with respect, courtesy, and
responsibility, giving due regard to the rights of
other Internet users.
As a major provider to the Internet community, our
acceptable use policy is designed to produce a
better environment for us all. Common sense is the
best guide as to what is considered acceptable
use.
Our acceptable use policy is actively and strictly
enforced. Offending content or users are removed
from our network, usually as soon as they are
discovered.
The following are unacceptable uses
Privacy Policy
Usage Policy
User Agreement
Spamming Policy
Privacy Policy
TemplaHost. demonstrates its commitment to our
customers' privacy by providing this statement. We
will do everything in our power to ensure your
right to privacy. We are committed to developing
long lasting relationships that are built on
trust. TemplaHost. will never violate that
trust.
Personal Data Transmissions Are Encrypted
When you order from TemplaHost, all your
personal information is protected. After
completing the order form you will be taken to
2Checkout.com or Paypal were your credit
information can be taken on a Secure Sockets Layer
(SSL) order form, the industry standard, for
encrypting all personal information, including
name, address and credit card numbers.
TemplaHost. Will Not Sell Your Personal
Information
TemplaHost. keeps all your information
confidential.
Policy Changes
TemplaHost. is dedicated to providing the best
web hosting service possible to every one of our
clients. We are also dedicated to staying on top
of available technology.
While TemplaHost. will provide our clients
with reasonable notification, TemplaHost.
reserves the right to change its policy at any
time to meet the needs of our customers, changing
laws and new technology.
Cookie Policy Statement
TemplaHost. understands that many of you are
concerned about cookies. We provide this Cookie
Policy Statement to let you know how we use this
technology. TemplaHost. uses cookies to help
us improve our website and web hosting services,
and, most importantly, provide our existing
customers with the opportunity for continued
savings and increased convenience.
Cookies For Improving Our Web Site
TemplaHost. uses cookies to inform us of a
repeat visit. The cookie does not tell us who you
are, your name, email address, or Passwords.
Cookies For Banner Rewards Program
To offer our customers continued savings,
TemplaHost. uses cookies to help monitor the
traffic generated from TemplaHost. banners and
logo buttons displayed on our customers' websites.
For every new TemplaHost. customer that was
introduced to TemplaHost. through a customer's
website, our client receives a credited discount!
Cookies For Customer Account Management
For our customers, TemplaHost. uses cookies to
store user names for added convenience to the
Webmaster. As part of our web hosting package,
TemplaHost. offers password-protected
web-based management tools. By storing the
customers' Usernames in a cookie, the Webmaster
will not have to keep filling out form fields when
they desire to manage their account. (The cookie
does not store Passwords.) TemplaHost. is
dedicated to using the newest technologies in
order to simplify our customers' lives.
Usage Policy
This is TemplaHost.'s Usage Policy, which
supplements the service agreement of each user of
TemplaHost.'s services (each, a
"Subscriber"). Every Subscriber is
subject to this Usage Policy, and by virtue of
using TemplaHost.'s services, network, and/or
systems (collectively the "Services")
agrees to be bound by this Usage Policy.
TemplaHost. will revise this Usage Policy from
time to time. A Subscriber's use of the Services
after revisions to the Usage Policy are posted on
TemplaHost.'s website at www.colomred.net,
will constitute such person's acceptance of any
changes or additions to the Usage Policy.
Subscribers violate this Usage Policy when they
(or their affiliates or customers) engage in the
following prohibited activities.
Violations of Intellectual Property Rights
Any violation of any person's intellectual
property rights, rights of privacy, rights of
publicity or other personal rights is prohibited.
TemplaHost. is required by law to remove or
block access to content appearing on or through
the Services upon receipt of proper notice of
copyright infringement (see "Copyright
Infringement Notice Information" below).
Spamming
Spamming, whether or not it overloads the Services
or disrupts service to TemplaHost.'s
Subscribers, is prohibited. The term
"spamming" includes, but is not limited
to, the sending of unsolicited bulk and/or
commercial message over the Internet or
maintaining an open SMTP policy. TemplaHost.
reserves the right to determine, in its sole and
absolute discretion, whether e-mail recipients
were from an opt-in email list.
Misrepresentation of Transmission Information
Forging, misrepresenting, omitting, or deleting
message headers, return mailing information and/or
Internet protocol addresses to conceal or
misidentify the origin of an message is
prohibited.
Viruses and Other Destructive Activities
Use of the Services for creating or sending
Internet viruses, worms or Trojan horses, or for
pinging, flooding or mailbombing, or engaging in
denial of service attacks is prohibited. It is
also prohibited for any Subscriber to engage in
other activity that is intended to disrupt or
interfere with, or that results in the disruption
of or interference with, the ability of others to
effectively use the Services (or any connected
network, system, service or equipment) or conduct
their business over the Internet.
Hacking
"Hacking" and related activities is
prohibited. "Hacking" includes, but is
not limited to, the following activities:
illegally or without authorization, accessing
computers, accounts or networks, penetrating or
attempting to penetrate security measures, port
scans, stealth scans, and other activities
designed to assist in hacking.
Export Control Violations
The exportation of encryption software outside of
the United States and/or violations of United
States law relating to the exportation of software
is prohibited.
Child Pornography
The use of the Services to store, post, display,
transmit, advertise or otherwise make available
child pornography is prohibited. TemplaHost.
is required by law, and will, notify law
enforcement agencies when it becomes aware of the
presence of child pornography on, or being
transmitted through, the Services.
Other Illegal Activities
The use of the Services to engage in any
activities that are determined by TemplaHost.,
in its sole and absolute discretion, to be illegal
is prohibited. Such illegal activities include,
but are not limited to, storing, posting,
displaying, transmitting or otherwise making
available ponzi or pyramid schemes, fraudulently
charging credit cards or displaying credit card
information of third parties without their
consent, and failure to comply with applicable
on-line privacy laws. TemplaHost. will
cooperate fully with appropriate law enforcement
agencies in connection with any and all illegal
activities occurring on or through the Services.
Obscene, Defamatory, Abusive or Threatening
Language
Use of the Services to store, post, transmit,
display or otherwise make available obscene,
defamatory, harassing, abusive or threatening
language is prohibited.
Other Activities
Engaging in any activity that, in
TemplaHost.'s sole and absolute discretion,
disrupts, interferes with or is harmful to (or
threatens to disrupt, interfere with, or be
harmful to) the Services, TemplaHost.'s
business, operations, reputation, goodwill,
customers and/or customer relations, or the
ability of TemplaHost.'s customers to
effectively use the Services is prohibited. Such
prohibited activities include making available any
program, product or service that is designed to or
could be used to violate this Usage Policy. In
addition, the failure by a Subscriber to cooperate
with TemplaHost. in correcting or preventing
violations of this Usage Policy by, or that result
from the activity of, a customer of the Subscriber
is a violation of this Usage Policy.
In general, TemplaHost. does not monitor its
customers' websites or activities to determine
whether they are in compliance with this Usage
Policy. However, when TemplaHost. becomes
aware of any violation of this Usage Policy or its
User Agreement, TemplaHost. may take any
action to stop or correct such violation,
including, but not limited to, shutting down a
website, denying access to the Services or to the
Internet, and/or removing information. In
addition, TemplaHost. may take action against
a Subscriber or a customer of such Subscriber
because of the activities of such customer.
TemplaHost. reserves the right to take any
such action even though such action may affect
other customers of the Subscriber.
TemplaHost. may disclose any information in
its possession, including, without limitation,
information about Subscribers, internet
transmissions and website activity in order to
comply with a court order, subpoena, summons,
discovery request, warrant, statute, regulation or
governmental request, to protect TemplaHost.
or others from harm, and/or to ensure the proper
operation of the Services. TemplaHost. has no
obligation to notify any person, including the
Subscriber about whom information is sought, that
TemplaHost. has provided the information.
Copyright Notice Infringement Information
In accordance with the Digital Millennium
Copyright Act, TemplaHost. has adopted a
policy that provides for termination of websites
hosted by TemplaHost. that are found to
infringe on copyrights of third parties. If a
copyright holder believes that there has been a
violation of his or her copyright on a website
that is hosted by TemplaHost. or its
subsidiaries, and the copyright holder wants
TemplaHost. to remove the website or disable
the material in question, TemplaHost. will
remove the website or disable the material if the
copyright holder provides us with all of the
following information:
A signature of a person authorized to act on
behalf of the owner of the exclusive right that is
allegedly infringed. Identification of the
copyrighted work that is claimed is being
infringed, or, in the case of claimed infringement
of multiple copyrighted works, a representative
list of such works.
Identification of the material that is claimed to
be infringing or is the subject of infringing
activity and that should be removed or access to
which should be disabled, with information
reasonably sufficient to permit us to locate the
material.
Information reasonably sufficient to permit us to
contact the person giving the notification, such
as an address and telephone, and, if available, an
electronic mail address at which such person may
be contacted.
A statement that the person giving the
notification has a good faith belief that use of
the material in the manner complained of is not
authorized by the copyright owner, its agent, or
the law.
A statement that the information in the
notification is accurate, and under penalty of
perjury, that the person giving the notification
is authorized to act on behalf of the owner of the
exclusive right that is allegedly infringed.
User Agreement
This User Agreement ("Agreement") is an
agreement between TemplaHost. Internet, Inc.
("TemplaHost."), a Delaware
corporation, and the party set forth in the
related order form incorporated herein by
reference (together with any subsequent order
forms submitted by Customer, the "Order
Form"), and applies to the purchase of all
services (collectively, the "Services")
ordered by Customer on the Order Form. Such party
is referred to in this Agreement as
"Customer" or "you". PLEASE
READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE
BUTTON ON THE ORDER FORM, YOU ARE AGREEING TO BE
BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS
AND CONDITIONS INCORPORATED BY REFERENCE IN THIS
AGREEMENT, INCLUDING TemplaHost.'S USAGE
POLICY. YOUR USE OF THE SERVICES CONSTITUTES
ACCEPTANCE OF THIS AGREEMENT. TemplaHost.
reserves the right to reject this Agreement for
any reason or no reason, prior to acceptance
thereof by TemplaHost.. Activation of the
Services shall indicate TemplaHost.'s
acceptance of this Agreement. Subject to the terms
and conditions of this Agreement, TemplaHost.
will provide to Customer the Services selected by
Customer set forth on the Order Form.
1. Usage Policy.
Under this Agreement, Customer shall comply with
TemplaHost.'s then current "Usage
Policy", as amended, modified or updated from
time to time by TemplaHost., which currently
can be viewed at
http://www.hostingacp.com/support.php?subject=aup,
and which is incorporated in this Agreement by
reference. Customer hereby acknowledges that it
has reviewed the Usage Policy and that the terms
of the Usage Policy are incorporated herein by
reference. In the event of any inconsistencies
between this Agreement and the Usage Policy, the
terms of the Usage Policy shall govern.
TemplaHost. does not intend to systematically
monitor the content which is submitted to, stored
on or distributed or disseminated by Customer via
the Service (the "Customer Content").
Customer Content includes content of Customer's
customers and/or users of Customer's website.
Accordingly, under this Agreement, you will be
responsible for your customers content and
activities on your website. Notwithstanding
anything to the contrary contained in this
Agreement, TemplaHost. may immediately take
corrective action, including removal of all or a
portion of the Customer Content, disconnection or
discontinuance of any and all Services, or
termination of this Agreement in the event of
notice of possible violation by Customer of the
Usage Policy. In the event TemplaHost. takes
corrective action due to a violation of the Usage
Policy, TemplaHost. shall not refund to
Customer any fees paid in advance of such
corrective action. Customer hereby agrees that
TemplaHost. shall have no liability to
Customer or any of Customer's customers due to any
corrective action that TemplaHost. may take
(including, without limitation, disconnection of
Services).
2. Amendment.
TemplaHost. may amend, modify or update this
Agreement or the Usage Policy at any time in its
sole discretion, and Customer shall be bound by
any such amendment, modification or update.
TemplaHost. may, but is under no obligation
to, provide notice of any amendment, modification
or update of this Agreement or the Usage Policy.
Any modification is effective on the earlier of
two days after posting on TemplaHost.'s
website or two days after the sending of a notice
by TemplaHost. to Customer by e-mail or
conventional mail. If any material modification to
this Agreement or the Usage Policy is unacceptable
to you, you may terminate your subscription as
provided in Section 3. However, if you do not
terminate the Agreement, or if you continue to use
the Services following effectiveness of the
modification, your continued use will mean that
you have accepted that modification.
TemplaHost. reserves the right to amend its
service offerings and add, delete, suspend or
modify the terms and conditions of the Services,
at any time and from time to time, and to
determine whether and when any such changes apply
to both existing and future customers.
3. Term; Termination; Cancellation Policy.
The initial term of this Agreement shall be as set
forth in the Order Form (the "Initial
Term"). The Initial Term shall begin upon
commencement of the Services to Customer. After
the Initial Term, this Agreement shall
automatically renew for successive terms of equal
length as the Initial Term, unless terminated or
cancelled by either party as provided in this
section. The Initial Term and all successive
renewal periods shall be referred to,
collectively, as the "Term".
This Agreement may be terminated (i) by either
party by giving the other party 30 days prior
written notice (subject to an early cancellation
fee as provided below), (ii) by TemplaHost. in
the event of nonpayment by Customer, (iii) by
TemplaHost., at any time, without notice, if,
in TemplaHost.'s judgment, Customer is in
violation of any term or condition of the Usage
Policy or Customer's use of the Service disrupts
or, in TemplaHost.'s judgment, could disrupt,
TemplaHost.'s business operations and (iv) by
TemplaHost. in accordance with Sections 1, 9,
and 10 of this Agreement.
If you cancel this Agreement prior to the end of
the Term, (i) you shall be obligated to pay all
fees and charges accrued prior to the
effectiveness of such cancellation, (ii)
TemplaHost. shall refund to you all pre-paid
fees for basic hosting services (shared, dedicated
and/or managed) for the full months remaining
after effectiveness of cancellation (i.e., no
partial month fees shall be refunded), less any
setup fees and any discount applied for
prepayment, (iii) you shall be obligated to pay
100% of all charges for all Services for each
month remaining in the Term (other than basic
hosting fees as provided in (ii) above) and (iii)
TemplaHost. shall have the right to charge you
an early cancellation fee of $25.00. Any
cancellation request shall be effective 30 days
after receipt by TemplaHost., unless a later
date is specified in such request.
* All refunds subject to service fee of $2.00 plus
15% of hosting plan cost
* 14-day money back guarantee only applies to
services that are offered at the time of purchase.
Customers wanting to cancel accounts and retrieve
refunds due to not being able to add new services
or change services that are already in effect will
not be refunded.
* Any violations of the Acceptable Use Policy
voids any and all rights to the 30-day money back
guarantee. Customers must also be fully aware of
the Acceptable Use Policy prior to opening an
account with TemplaHost. or any of our web
partners.
* If your account is deleted due to a violation of
the Acceptable Use Policy you may have your
account reactivated for a fee of $25.00. Also, if
your account is deleted due to a violation you
will not be able to have your deleted domain name
restored to your account, you will need to add a
new domain name to your account either by
registering a domain name with us, registering a
domain name thru a third party registrar, or by
transferring a new domain that is in your
possession to our servers.
If TemplaHost. cancels this Agreement prior to
the end of the Term, TemplaHost. shall not
refund to you any fees paid in advance of such
cancellation and (i) you shall be obligated to pay
all fees and charges accrued prior to the
effectiveness of such cancellation, (ii) you shall
be obligated to pay 100% of all charges for all
Services for each month remaining in the Term and
(iii) TemplaHost. shall have the right to
charge you an early cancellation fee of $25.00.
4. Billing and Payment.
All fees for the Services shall be in accordance
with TemplaHost.'s fee schedule then in
effect, the terms of which are incorporated herein
by reference, and shall be due at the times
provided therein. A $15.00 late fee will apply to
accounts past due more than ten (10) calendar days
from the due date. TemplaHost. may, with 30
days notice to Customer, amend the Services and/or
the rates and fees it charges for the Services.
Fees for renewal periods after the Initial Term
shall be due and owing immediately upon the first
day of such renewal period. TemplaHost. may
impose a debt service charge equal to one and
one-half percent (1.5%) of the overdue balance (or
such lesser amount as may be required by law) for
each month or fraction thereof the overdue amount
remains unpaid. In addition, in the event that any
amount due TemplaHost. remains unpaid twenty
(20) days after such payment is due,
TemplaHost., in its sole discretion, may
immediately terminate this Agreement, and/or
withhold or suspend Services. There will be a
$25.00 charge to reinstate accounts that have been
suspended or terminated. All taxes, fees and
governmental charges relating to the Services
provided hereunder (other than income taxes of
TemplaHost.) shall be paid by Customer.
Customer agrees that TemplaHost. may
pre-charge Customer's fees for the Services to the
credit card supplied by Customer during
registration.
Returned checks will be assessed a $30.00 charge.
Wire transfers will be assessed a $30.00 charge.
5. Special Provisions Applicable to Resellers.
TemplaHost. from time to time may offer
reseller programs which will permit Customers to
resell certain of TemplaHost.'s products and
services, and be eligible for certain discounts,
services and other promotions. A Customer that
participates in a reseller program is referred to
herein as a "Reseller". To be eligible
to participate in a reseller program, the Reseller
may be required to meet certain requirements as
provided in such reseller program. If you are a
Reseller, the terms and conditions in this section
(in addition to any terms or conditions contained
in the reseller program) are applicable to you.
As a Reseller, you are TemplaHost.'s Customer.
A Reseller shall be deemed, and is the
"Customer" for all purposes under this
Agreement and the Usage Policy. When you resell
the Services, the purchaser of those resold
services becomes your customer (a "Reseller
Customer"). A Reseller Customer is not a
Customer of TemplaHost., and TemplaHost.
will not support any Reseller Customer. Reseller
shall take all necessary measures to preclude
TemplaHost. from being made a party to any
agreement with any Reseller Customer. As a
Reseller, you are authorized to resell the
Services identified in the applicable reseller
program on a non-exclusive basis. TemplaHost.
reserves the right to market and sell its products
and services through its own employees, other
resellers and other representatives and retailers
that may compete with you. The terms and
conditions of such other relationships may differ
from the terms of this Agreement and the reseller
program, and may be better. Reseller shall be
responsible for billing, and collecting payments
from, Reseller Customers. Reseller shall not
withhold payments to TemplaHost. under this
Agreement because of a failure of a Reseller
Customer to make payments to Reseller. Reseller
may set the prices to be paid to it by Reseller
Customers for any of the resold Services. Reseller
shall provide all support (including, without
limitation, customer support, first level support,
second level support, and other technical support)
for Reseller Customers. Reseller shall pay all
sales, use, transfer, privilege, excise or other
taxes and all duties, whether international, state
or local, however designated, which are levied or
imposed on TemplaHost. and Reseller under this
Agreement and any and all transactions between
Reseller and Reseller Customers. Reseller shall
not resell the Services under TemplaHost.'s
brand name. Reseller shall be solely responsible
for compliance with any regulations governing the
export of the Services (or any portion thereof).
Nothing in this Agreement constitutes a license to
Reseller to use or resell the Marks (as defined
below).
6. TemplaHost. as Reseller or Licensor.
TemplaHost. is acting only as a reseller or
licensor of the hardware, software and equipment
used in connection with the products and/or
Services that were or are manufactured or provided
by a third party ("Non-TemplaHost.
Product"). TemplaHost. shall not be
responsible for any changes in the Services that
cause the Non-TemplaHost. Product to become
obsolete, require modification or alteration, or
otherwise affect the performance of the Services.
Any malfunction or manufacturer's defects of
Non-TemplaHost. Product either sold, licensed
or provided by TemplaHost. to Customer or
purchased directly by Customer used in connection
with the Services will not be deemed a breach of
TemplaHost.'s obligations under this
Agreement. Any rights or remedies Customer may
have regarding the ownership, licensing,
performance or compliance of Non-TemplaHost.
Product are limited to those rights extended to
Customer by the manufacturer of such
Non-TemplaHost. Product. Customer is entitled
to use any Non-TemplaHost. Product supplied by
TemplaHost. only in connection with Customer's
permitted use of the Services. Customer shall use
its best efforts to protect and keep confidential
all intellectual property provided by
TemplaHost. to Customer through any
Non-TemplaHost. Product and shall make no
attempt to copy, alter, reverse engineer, or
tamper with such intellectual property or to use
it other than in connection with the Services.
Customer shall not resell, transfer, export or
re-export any Non-TemplaHost. Product, or any
technical data derived therefrom, in violation of
any applicable United States or foreign law.
7. IP Address Ownership.
If TemplaHost. assigns Customer an Internet
Protocol address for Customer's use, the right to
use that Internet Protocol address shall belong
only to TemplaHost., and Customer shall have
no right to use that Internet Protocol address
except as permitted by TemplaHost. in its sole
discretion in connection with the Services, during
the term of this Agreement. TemplaHost. shall
maintain and control ownership of all Internet
Protocol numbers and addresses that may be
assigned to Customer by TemplaHost., and
TemplaHost. reserves the right to change or
remove any and all such Internet Protocol numbers
and addresses, in its sole and absolute
discretion.
8. Caching.
Customer expressly (i) grants to TemplaHost. a
license to cache the entirety of the Customer
Content and Customer's web site, including content
supplied by third parties, hosted by
TemplaHost. under this Agreement and (ii)
agrees that such caching is not an infringement of
any of Customer's intellectual property rights or
any third party's intellectual property rights.
9. CPU Usage.
Customer agrees that Customer shall not use
excessive amounts of CPU processing on any of
TemplaHost.'s servers. Any violation of this
policy may result in corrective action by
TemplaHost., including assessment of
additional charges, disconnection or
discontinuance of any and all Services, or
termination of this Agreement, which actions may
be taken in TemplaHost.'s sole and absolute
discretion. If TemplaHost. takes any
corrective action under this section, Customer
shall not be entitled to a refund of any fees paid
in advance prior to such action.
10. Bandwidth and Disk Usage.
Customer agrees that bandwidth and disk usage
shall not exceed the number of megabytes per month
for the Services ordered by Customer on the Order
Form (the "Agreed Usage").
TemplaHost. will monitor Customer's bandwidth
and disk usage. TemplaHost. shall have the
right to take corrective action if Customer's
bandwidth or disk usage exceeds the Agreed Usage.
Such corrective action may include the assessment
of additional charges, disconnection or
discontinuance of any and all Services, or
termination of this Agreement, which actions may
be taken in TemplaHost.'s sole and absolute
discretion. If TemplaHost. takes any
corrective action under this section, Customer
shall not be entitled to a refund of any fees paid
in advance prior to such action.
11. Property Rights.
TemplaHost. owns all right, title and interest
in and to the Services and TemplaHost.'s trade
names, trademarks, service marks, inventions,
copyrights, trade secrets, patents, know-how and
other intellectual property rights relating to the
design, function, marketing, promotion, sale and
provision of the Services and the related
hardware, software and systems
("Marks"). Noting in this Agreement
constitutes a license to Customer to use or resell
the Marks.
12. Customer Web Site; E-Commerce; Customer
Warranties.
Customer shall be solely responsible for the
development, operation and maintenance of
Customer's web site, online store and e-commerce
activities, for all products and services offered
by Customer or appearing online and for all
contents and materials appearing online or on
Customer's products, including, without limitation
(i) the accuracy and appropriateness of the
Customer Content and content and material
appearing in its store or on its products, (ii)
ensuring that the Customer Content and content and
materials appearing in its store or on its
products do not violate or infringe upon the
rights of any person, and (iii) ensuring that the
Customer Content and the content and materials
appearing in its store or on its products are not
defamatory or otherwise illegal. Customer shall be
solely responsible for accepting, processing and
filling customer orders and for handling customer
inquiries or complaints. Customer shall be solely
responsible for the payment or satisfaction of any
and all taxes associated with its web site and
online store.
Customer shall be responsible for the security and
confidentiality of any customer information
(including, without limitation, customer credit
card numbers) that Customer may receive as a
result of its web site or online store.
Customer represents and warrants to
TemplaHost. that Customer owns or has the
right to use the Customer Content and material
contained therein, including all text, graphics,
sound, music, video, programming, scripts and
applets, and the use, reproduction, distribution
and transmission of the Customer Content and any
information and materials contained therein does
not, and will not, (i) infringe or misappropriate
any copyright, patent, trademark, trade secret or
any other proprietary right of a third party, (ii)
violate any criminal laws or (iii) constitute
false advertising, unfair competition, defamation,
an invasion of privacy, violate a right of
publicity or violate any other law or regulation.
Customer grants TemplaHost. the right to
reproduce, copy, use and distribute all and any
portion of the Customer Content to the extent
needed to provide and operate the Services.
13. Disclaimer of Warranty.
Customer agrees to use all Services and any
information obtained through or from
TemplaHost., at Customer's own risk. Customer
acknowledges and agrees that TemplaHost.
exercises no control over, and accepts no
responsibility for, the content of the information
passing through TemplaHost.'s host computers,
network hubs and points of presence or the
Internet. THE SERVICES PROVIDED UNDER THIS
AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE
BASIS. NONE OF TemplaHost., ITS PARENT,
SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF
THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS,
SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS,
THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS,
LICENSORS OR THE LIKE (EACH, AN
"TemplaHost. PERSON") MAKE ANY
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR
ANY EQUIPMENT TemplaHost. PROVIDES. NO
TemplaHost. PERSON MAKES ANY WARRANTIES THAT
THE SERVICES WILL NOT BE INTERRUPTED OR ERROR
FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR
CONTENT OF ANY INFORMATION, SERVICES OR
MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE
SERVICES. TemplaHost. IS NOT LIABLE, AND
EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT
OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER
OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S
CUSTOMERS VIA THE SERVICES PROVIDED BY
TemplaHost.. NO ORAL ADVICE OR WRITTEN
INFORMATION GIVEN BY ANY TemplaHost. PERSON,
WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY
SUCH INFORMATION OR ADVICE. The terms of this
section shall survive any termination of this
Agreement.
14. Indemnification.
Customer agrees to indemnify, defend and hold
harmless TemplaHost. and its parent,
subsidiary and affiliated companies, and each of
their respective officers, directors, employees,
shareholders and agents (each an "indemnified
party" and, collectively, "indemnified
parties") from and against any and all
claims, damages, losses, liabilities, suits,
actions, demands, proceedings (whether legal or
administrative), and expenses (including, but not
limited to, reasonable attorney's fees)
threatened, asserted, or filed by a third party
against any of the indemnified parties arising out
of or relating to (i) Customer's use of the
Services, (ii) any violation by Customer of the
Usage Policy, (iii) any breach of any
representation, warranty or covenant of Customer
contained in this Agreement or (iv) any acts or
omissions of Customer. The terms of this section
shall survive any termination of this Agreement.
15. Limitation of Liability.
Customer agrees that no TemplaHost. Person,
under any circumstances, shall be held responsible
or liable for situations where the Services are
accessed by third parties through illegal or
illicit means, including situations where such
data is accessed through the exploitation of
security gaps, weaknesses or flaws (whether known
or unknown to TemplaHost. at the time) which
may exist in the Services or TemplaHost.'s
equipment used to provide the Services.
Under no circumstances, including negligence,
shall any TemplaHost. Person be liable for any
indirect, incidental, special, consequential or
punitive damages, or loss of profits, revenue,
data or use by Customer, any of its customers, any
Reseller Customer or any other third party,
whether in an action in contract or tort or strict
liability or other legal theory, even if
TemplaHost. has been advised of the
possibility of such damages. No TemplaHost.
Person shall be liable to Customer, any of its
customers, any Reseller Customer or any other
third party, for any loss or damages that result
or are alleged to have resulted from the use of or
inability to use the Services, or that results
from mistakes, omissions, interruptions, deletion
of files, loss of data, errors, viruses, defects,
delays in operations, or transmission or any
failure of performance, whether or not limited to
acts of God, communications failure, theft,
destruction or unauthorized access to
TemplaHost.'s records, programs, equipment or
services.
Notwithstanding anything to the contrary in this
Agreement, TemplaHost.'s maximum liability
under this Agreement for all damages, losses,
costs and causes of actions from any and all
claims (whether in contract, tort, including
negligence, quasi-contract, statutory or
otherwise) shall not exceed the actual dollar
amount paid by Customer for the Services which
gave rise to such damages, losses and causes of
actions during the 12-month period prior to the
date the damage or loss occurred or the cause of
action arose.
Customer understands, acknowledges and agrees that
if TemplaHost. takes any corrective action
under this Agreement because of an action of
Customer or one if its customer or a Reseller
Customer, that corrective action may adversely
affect other customers of Customer or other
Reseller Customers, and Customer agrees that
TemplaHost. shall have no liability to
Customer, any of its customers or any Reseller
Customer due to such corrective action by
TemplaHost..
This limitation of liability reflects an informed,
voluntary allocation between the parties of the
risks (known and unknown) that may exist in
connection with this Agreement. The terms of this
section shall survive any termination of this
Agreement.
16. Force Majeure.
TemplaHost. shall not be liable for failure or
delay in performing it obligations hereunder if
such failure or delay is due to circumstances
beyond its reasonable control, including, without
limitation, acts of any governmental body, war,
insurrection, sabotage, embargo, fire, flood,
strike or other labor disturbance, interruption of
or delay in transportation, unavailability of,
interruption or delay in telecommunications or
third party services (including DNS propagation),
failure of third party software or hardware or
inability to obtain raw materials, supplies or
power used in or equipment needed for provision of
the Services.
17. Governing Law; Jurisdiction; Arbitration.
This Agreement shall be governed in all respects
by California law without regard to the conflict
of law provisions thereof. Both parties submit to
personal jurisdiction in California. Any
controversy or claim arising out of, relating to
or in connection with this Agreement, or the
breach thereof, shall be subject to arbitration
administered by the American Arbitration
Association ("AAA") in accordance with
its then existing Commercial Arbitration Rules
(collectively, the "AAA Rules") and
judgment upon the award rendered by the arbitrator
may be entered in any court having jurisdiction
thereof. The place of arbitration shall be San
Diego, California, or any other place selected by
mutual agreement of the parties. An award rendered
in connection with an arbitration pursuant to this
Section shall be final and binding upon the
parties and the parties agree and consent that the
arbitral award shall be conclusive proof of the
validity of the determinations of the arbitrations
set forth in the award, and any judgment upon such
an award may be entered and enforced in any court
of competent jurisdiction. The parties agree that
the award of the arbitral tribunal will be the
sole and exclusive remedy between them regarding
any and all claims and counterclaims between them
with respect to the subject matter of the
arbitrated dispute. The parties hereby waive all
in personam jurisdictional defenses in connection
with any arbitration hereunder or the enforcement
of an order or award rendered pursuant thereto. In
any legal action, the prevailing party will be
entitled to recover all legal expenses incurred in
connection with the action, including but not
limited to its costs, both taxable and
non-taxable, and reasonable attorney's fees. The
terms of this section shall survive any
termination of this Agreement.
18. Assignment.
Customer shall not have the right to assign this
Agreement without the prior written consent of
TemplaHost.. This Agreement shall be binding
upon and inure to the benefit of Customer and
TemplaHost. and their successors and permitted
assigns.
19. Entire Agreement; Severability.
This Agreement, together with the Order Form and
any other documents or agreements specifically
identified in this Agreement, represents the
entire agreement between the parties, and
supercedes all previous representations,
understandings or agreements. If any provision of
this Agreement shall be held by a court of
competent jurisdiction to be invalid,
unenforceable, or void, the remainder of this
Agreement shall remain in full force and effect.
Customer hereby represents that he, she or it is
either, an individual entering this Agreement for
his or her personal use and is over 18 years of
age, or a corporation, limited partnership or
other legal entity, duly organized, validly
existing and in good standing under the laws of
the state of its organization and the person
acting on behalf of Customer is duly authorized to
accept, execute and deliver this Agreement on
behalf of Customer.
Spamming Policy
TemplaHost. has zero tolerance for UBE/UCE
(unsolicited bulk email/unsolicited commercial
email). This policy protects our customers as well
as the internet community from the negative
effects of "spam" related activity.
TemplaHost. defines UBE/UCE as unsolicited
broadcast or commercial email that is sent to
addresses that do not affirmatively and verifiably
request such material from that specific sender.
Our Policies:
1. TemplaHost. customers, and customers of
TemplaHost. customers or any user of bandwidth
and/or services on our network (herein described
as 'users') are prohibited from sending UBE/UCE.
Users may be asked to produce records that verify
that explicit affirmative permission was obtained
from a recipient before a mailing was sent.
TemplaHost. may consider the lack of such
proof of explicit affirmative permission of a
questionable mailing UBE/UCE at its sole
discretion.
2. TemplaHost. customers are prohibited from
maintaining open mail relays on their servers.
Ignorance of the presence or operation of an open
mail relay is not and will not be considered an
acceptable excuse for its (the open mail relay)
operation. Multiple infractions of this policy
will result in a discontinuation of service.
3. TemplaHost. customers will be notified in
the event that they may be hosting sites listed as
violators of the above policy. Again, failure to
rectify such situations may be cause for
termination.
4. TemplaHost. customers are prohibited from
providing hosting services for websites that have
been included in UBE/UCE. Hosting includes, but is
not limited to, hosting website(s), providing DNS
services as well as website redirect services.
5. Valid complaints received by TemplaHost.
will be forwarded to customer for a response and
resolution. If within twenty-four (24) hours there
is no response, TemplaHost. may block traffic
to and from the IP address involved in the UBE/UCE
complaint until the problem is resolved and
preventative measures have been implemented to
prevent the violation from recurring. All users
are responsible for maintaining a working email
contact and updating that information with
TemplaHost. when it changes.
6. If TemplaHost receives repeat complaints
indicating that a problem has not been resolved,
TemplaHost. reserves the right to suspend
and/or cancel any and all services provided to the
user after a notification of no less than two (2)
hours.
To report an incidence of abuse, please report it
to
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