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Host Color Servers's Terms of Service
All services provided by Host Color Servers may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Host Color Servers from any claims resulting from the use of the service which damages the subscriber or any other party.
Non-Acceptable Content
Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. Host Color Servers will be the sole arbiter as to what constitutes a violation of this provision.
Examples of non-acceptable content or links
- Pirated software
- Hackers programs or archives
- Warez Sites
- Porn
- Spamming Software
Host Color Servers will be the sole arbiter as to what constitutes a violation of this provision.
Services support
Host Color Servers provides support for its online services to the extent that the services are functional. Host Color Servers is not responsible for unavialbility of its services caused by misconfiguration or errors on the side of the customer.
Data Loss
Your use of Host Color Servers's service is at your sole risk. Host Color Servers is not responsible for any files and/or data residing on your server.
Disclaimer
Host Color Servers is not be responsible for any damages your business may suffer.
Host Color Servers makes no warranties of any kind, expressed or implied for services provided. Host Color Servers disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Host Color Servers and its employees.
Traffic Guidelines
All the servers that use Host Color Servers's services are limited to an indicated rate of trasfer of free traffic per month.
Servers that go over the allocated traffic will be charged per gig. Customers must pay this fee at the begining of nex month, and servers are subject to suspension if bandwidth is unpaid for.
Intellectual Property Rights
Material accessible to you through Host Color Servers's Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Host Color Servers Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the HostColor Network. If you use a domain name in connection with the Host Color Servers Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security
Customers may not use the Host Color Servers Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Host Color Servers will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Users who violate system or network security may incur criminal or civil liability.
Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service
Host Color Servers reserves the right at its sole discretion to refuse or cancel service. Violation of any of Host Color Servers's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
Spam Or Unsolicited E-Mail
You must not use the fourthColor Network, Host Color Servers equipment or any Host Color Servers email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the fourthColor Network, Host Color Servers equipment or any Host Color Servers email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, without warning, Host Color Servers reserves the right to disable your domain. In addition, Host Color Servers may impose a $100 penalty for each spam policy violation. Host Color Servers solely reserves the right to refuse or cancel service to known spammers. Lastly, Host Color Servers reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
As such, any violation will result in immediate deactivation of services without refund.
Network Uptime
This is the total time in a calendar month that Host Color Servers network is available through the Internet, provided that you have established connectivity. Host Color Servers takes responsibility for Network availability within our network; however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to you free of Network Outages that render 100% packet loss, 99.9% of each calendar month.
Scheduled Downtime
That is any Host Color Servers scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice.
Host Color Servers is not responsible for the restoration of data to server. We strongly recommend that you purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. Host Color Servers will not be liable for loss of data under any circumstance.
Network Outages or Unscheduled Downtime
Downtime is any unplanned or unscheduled interruption in Service availability during which you are unable to access the services as described in the section titled "Network Uptime" above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Host Color Servers's Network as confirmed by Host Color Servers. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
You're Warrants
As our Customer, you are completely responsible for development, methods of operation, and upkeep of your web site and business activities.
As our Customer, you are responsible for the safeguard of all contents, materials appearing online, accuracy, and appropriateness of content or materials to ensure that they abide by the restriction within the policies set forth by Host Color Servers.
As our Customer, you will be accountable for all of your client's orders and for handling their inquiries or complaints.
As our Customer, you will be accountable for payments and all cost associated with your site or online store.
As our Customer, you represent and warrant to Host Color Servers that you own or have their right to use a client's content and material and will not violate such rights, nor violate any criminal laws, nor constitute false advertising to violate a right of publicity or invasion of privacy, nor misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party.
Disclaimer of Warranty
As our Customer, you are aware of and agree that all applications of our services and information obtained through Host Color Servers will be made of use at your own risk. And, through this use, you will not hold Host Color Servers responsiblefor the information passing through our host computers, network hubs, points of presence, or through the Internet.
In a large part, the performance of Internet services provided or controlled by third parties and the actions or inactions of such parties can impair or disrupt customer's connections. Host Color Servers cannot guarantee that such events will not occur and disclaims any and all liability resulting from or related to such events.
Services provided in this agreement are provided on an as is available basis. None of Host Color Servers, its parent, Corporation, respective employees, officers, directors, shareholders, agents, suppliers, third-party providers, merchants, licensors or the like makes any warranties of any kind, 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 provided by Host Color Servers.
A person employed by Host Color Servers makes no warranty that our service will not be interrupted, error free, or have total accuracy. Every effort is made to communicate correct information and provided correct services.
Information, services, or merchandise contained in or provided through Host Color Servers is not liable, and declines any liability for substance of any data transferred either to or from you or stored by you or any of your customers.
Any advice given oral or in written form by Host Color Servers personnel will not create a warranty nor may you rely on the total correctness of such information or advice.
The terms of this section shall survive any termination of this agreement.
Service Modifications
You agree that at any time Host Color Servers possess the right to modify or discontinue services with or without notifying you, and that Host Color Servers and its personnel, will not be held liable or legally responsible for loss or damage incurred with such change.
Force Majeure
Host Color Servers shall not be legally responsible for failure or delay in performing our responsibilities if failure or delay is due to conditions beyond our reasonable control including without limitation:
Acts of any governmental body, war, insurrection, sabotage, embargo, or acts do to disasters either man made or natural disaster such as flood, earthquakes, etc,
or strikes or other labor disturbance, or interruption/delay in transportation, interruption/delay in telecommunications or third party services, for
failure of third party software/hardware, or inability to obtain raw materials, supplies, power used, or equipment needed for provision of the services.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Host Color Servers harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Host Color Servers, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Host Color Servers against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Host Color Servers server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of fourthColor to the amount paid for service.
Host Color Servers will not be responsible for any damages your business may suffer. Host Color Servers makes no warranties of any kind, expressed or implied for services we provide. Host Color Servers disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Host Color Servers and its employees. We reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
Host Color Servers furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, Host Color Servers wishes to emphasize that in accepting services, customers indemnify Host Color Servers for the violation of any law or Host Color Servers policy, that results in loss to Host Color Servers or the bringing of any claim against Host Color Servers. This means that if Host Color Servers is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Host Color Servers, plus costs and reasonable attorneys' fees.
If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.
Host Color Servers reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.
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Reliable Hardware
