1. Introduction
The following Terms of Service are in place to ensure a quality product is given to each and every customer of CircleHosting.net. These Terms of Service apply to your account with CircleHosting.net.
2. Agreement
By requesting an account with CircleHosting.net accessing CircleHosting.net network or server for any reason, you agree to act as responsible users who understands the consequences of violating any of the terms and agrees to act accordance with the terms below. You also agree that any usage of the services that CircleHosting.net provides constitutes as an agreement with the terms of service.
3. Modifications of the Terms of Service
CircleHosting.net holds the right to modify, update, change, or revise the terms at its sole discretion without informing users of the change. While we will make an effort to contact the customer of the revisions it is your responsibility to check on them as necessary.
4. Customer responsibilities to the contract:
A. The customer agrees to pay all charges found in the service order upfront and on time, unless a leeway period is agreed upon by CircleHosting.net and the customer through either writing or in an e-mail.
B. Customer agrees to automatic renewal of charges on a monthly or yearly basis unless cancellation is received in writing according to the terms set forth in the contract with 15 days of the contract expiring. C. Customer agrees to all additional charges for services requested by customer that may occur during the course of business above and beyond the original Service Order.
D. Customer agrees to adhere to the acceptable use policies.
E. Customer agrees not to use the services, bandwidth and/or hardware provided by CircleHosting.net in methods that violate local, state or Federal laws within the United States of America and the United Kingdom.
F. Customer agrees to the Arbitration agreement set forth in the contract.
G. Customer agrees to the Limitation of Liability and Disclaimer of Warranties.
H. Customer agrees to be bound by the laws of the United Kingdom in all legal proceedings applicable to the contract.
I. Customer agrees to any and all other information, amendments, clauses, and terms found in this contract.
5. CircleHosting.net fulfillment and responsibilities to the contract
A. CircleHosting.net will provide Internet connectivity services (bandwidth) in accordance to the Service Order.
B. CircleHosting.net will provide hardware specifications in accordance to the Service Order.
C. CircleHosting.net will provide technical support services.
D. CircleHosting.net will provide IP's and DNS services as specified.
E. Availability: While CircleHosting.net makes every attempt to keep your site running 24 hours a day, 7 days a week, the client agrees that at times the services may be inoperable or any reason, including, without limitation equipment malfunctions, periodic maintenance procedures or repairs which Host may undertake from time to time, causes beyond the control of Host or which are not reasonably foreseeable by Host, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. Client agrees that Host has no control of availability of Services on a continuous or uninterrupted basis.
6. Age A. The client agrees that he or she is at least 13 years of age, and understand the right from wrong.
B. If you are under the age of 13, and wish to have an account with CircleHosting.net you must have a parent/guardian agree to the Terms of Service. For them to agree, use the parent/guardian as the Company Name or Contact Name. Your parent/guardian will be held responsible for your actions.
7. Service Order:
A. The Service Order shall initiate the provision of services pursuant to this Agreement. The Service order shall outline the hardware, bandwidth, IP's, technical support, Software requirements, DNS, datacenter, and administrative and billing information to the contract. The Service Order is a binding agreement parties.
8. Software License and Rights:
During the term of a Service Order, CircleHosting.net grants Customer a non-transferable, nonexclusive license to use the Software, in object code form only, for its internal needs, to be used solely on the Hardware provided, and solely in conjunction with the Services. Customer agrees that it will not, directly or indirectly:
A. Copy the Software, except as is necessary to install on Hardware and for internal, archival purposes. In the event Customer makes any copies of the Software, Customer shall reproduce all proprietary notices on such copies.
B. Reverse engineer, decompile, disassemble, modify or otherwise attempt to derive source code from the Software. - sell, lease, license, transfer, give possession of, or sublicense the Software or the documentation to others. - write or develop any derivative or other software programs, based, in whole or in part, upon the Software or any Confidential Information.
9. Payment Terms:
A. The customer agrees to pay CircleHosting.net for the services as described on the particular plan page that the client has chosen and at such times provided by the payment schedule. In even that the customer exceeds any of the package specifications as specified on the plan page that client has chose, the client shall pay for the additional services provided by CircleHosting.net at the current rates set by CircleHosting.net.
10. Pricing Disputes
A. Customer must notify CircleHosting.net in writing of any disputed charges within 30 days of the date of the billing for such charges. If Customer does not notify CircleHosting.net within that time period, Customer has waived any right to dispute such amounts, either directly or as a set-off, recoupment or defense in any action or efforts to collect amounts due to CircleHosting.net -. Collection. All accounts more than 30 days past due will be charged interest from the due date of the lesser of (i) 12% per month on the past due amount; or (ii) the highest legal rate of interest. CircleHosting.net may suspend, interrupt, or terminate Services on any account that is past due by more then thirty (30) calendar days, by disabling telnet/ftp access and/or disabling the connection to the server. In the event of disconnection, Customer must pay CircleHosting.net a telnet disable fee of £5.00 or a disconnection fee of £10.00 reinstatement fee as a condition of reactivation of the Services, in addition to full payment of the balance due on the account. Reactivation of service will only be performed during CircleHosting.net regular business hours (Monday through Friday, 10:00 a.m. to 4:00 p.m. GMT). All accounts that have not been paid in full may be sent to a collection agency. The Customer is responsible for paying all costs of collection, including, but not limited to reasonable attorneys' fees and, where lawful, collection agency fees. All accounting issues should be addressed to CircleHosting.Net.
11. Price Increases A. Price increases shall not effect current customers as they have a locked in rate from the date of the order.
12. Forbidden Content and Activities.
A. Pornography - Client designed to sexually arouse is prohibited from CircleHosting.net. This includes; Frontal Nudity, (unless it is for Science, health, fine arts, or any other general education purposes) or any other content that is designed to sexually arouse.
Pornography is allowed if you contact CircleHosting prior to hosting the content and CircleHosting knows of such content.
Child pornography is strictly prohibited, even if it is for science, health, fine arts, or any other general educational purposes. If child pornography is found CircleHosting.net will contact the authorities. CircleHosting.net reserves the right to determine what violates this policy.
B. No-Spam Policy - The Customer shall not use, or recklessly, or knowingly permit any type of unsolicited email of any kind, regardless of the content.
C. Mailing Lists - All mailing lists must be a confirmed opt-in email process only.
D. Bots - Bots of any kind are strictly prohibited.
E. Scripts - Any script that affects CircleHosting.Net is strictly prohibited.
F. Chat Scripts - Chat scripts are strictly prohibited.
G. IRC Clients - IRC Clients are strictly forbidden. If an IRC client is found on anyone's account, their account will immediately be closed. jIRC is not excluded from this clause.
H. Copyrighted materail which is not your own without permission of the holder will not be permitted on the servers.
13. Disclaimer Of Warranty
THE USE OF CircleHosting.net AND ITS SERVICES AND PRODUCTS ARE AT THE CLIENTS SOLE DISCRETION. THE HOST MAKES NO WARRANTIES, INCLUDING MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
14. Indemnification:
Customer shall defend, indemnify, and hold harmless CircleHosting.net from and against all liabilities, judgments, claims, damages, settlements, expenses and costs (including reasonable attorneys' fees and litigation expenses) arising out of or relating to any breach of this Agreement or Service Orders by Customer. Customer and CircleHosting.net will promptly notify each other upon receipt of any third party claim or legal action arising out of or relating to this Agreement or Service Orders.
15. LIMITATION OF LIABILITY:
CircleHosting.net liability (including, for purposes of this paragraph only, any of it employees, agents, or representatives), to Customer (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Agreement or Service Orders or the provision of any Services under Service Orders (including, without limitation maintenance and support) shall be limited to the amount of fees paid by Customer to CircleHosting.net under this Agreement within one year preceding the date Customer contends its claim arose. In no event shall CircleHosting.net be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if CircleHosting.net has been advised of, or is aware of, the possibility of such damages.
16. Refusal of Service.
A. CircleHosting.net reserves the right to refuse, or cancel service at its sole discretion.
17. By reading these Terms of Service set forth, you're in fact understanding what everything means. If you do not understand something you may email our support team at info@circlehosting.net. Otherwise, it is assumed that you understand, and agree with what is set forth in these terms of service. This clause is in here, so you may not say "I did not understand that clause" in the court of law.
Last Modified: February 1st, 2004 at 15:41 PM GMT.
|
|
