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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
Huntsville Techs CUSTOMER SERVICE AGREEMENT/TERMS AND CONDITIONS

Anyone signing up for services at Huntsville Techs agrees to the following Terms:

IMPORTANT NOTICE:
All Payments To Huntsville Techs/KSHIP GROUP WEB DEV Are Non-Refundable

This is an agreement between you and Huntsville Techs Web Hosting regarding your use of Huntsville Tech's server/hosting management service. This agreement governs the terms and conditions under which Huntsville Techs makes available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the Huntsville Techs Web Hosting or similar service. This agreement could be updated from time to time by Huntsville Techs Web Hosting.

IMPORTANT NOTE: We at Huntsville Techs take suspicious activity seriously associated with the possibility of sending out mass mails, SPAM. ALL new accounts are put on watch and if any suspicious mail scripts are noticed to be uploaded we will suspend the account. We are a legitimate company hosting legitimate hosts and do not tolerate even a chance of this happening. Your account will be suspended until you respond to us and explain why you are about to use a mass mail program script.

1. Huntsville Techs will host an account for the purchaser hereafter referred to as the Account Holder, for their chosen domain name, for the period of time according to the payment plan chosen by the user months. This contract will be automatically renewed at the end of its term. If the Huntsville Techs automated billing system cannot renew the account upon it's renewal date using the credit card information provided at time of sign-up, the system will suspend the account. If a clients account is turned off because of non payment, there will be a $49.95 re-activation fee if billing information has not been updated within 3 days of suspension. IF the hosting client does not choose to renew an expired/suspended hosting account after 8 days from expired/suspend date, all files will be deleted from our servers. Files are not recoverable after that point. Files that are deleted include any email sitting on the server and ALL web associated files. If a client moves their domain to point to another name server any services on Huntsville Techs servers will be disrupted and unreachable. Our server will then remove the account and all data will be deleted from our servers and are not recoverable.

2. The Huntsville Techs Service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Huntsville Techs expressly disclaims any representation or warranty that the Huntsville Techs service will be error-free, secure or uninterrupted. No oral advice or written information given by Huntsville Techs, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this agreement.

3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all international, federal, provincial, and municipal laws. Violations of this or any other provision of this agreement can result in a 30-day notice to terminate service or an immediate termination of service depending upon the severity of the violation. Huntsville Techs reserves the right to refuse service if the content of information provided is deemed illegal, misleading, or obscene, in the opinion of Huntsville Techs. Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Huntsville Techs will make the final decision in any dispute over unacceptable context, and Account Holder agrees to accept Huntsville Tech's decision.

4. Huntsville Techs reserves the right to increase prices at any time. If this service is paid quarterly it may be subject to future price increases. Account Holder is responsible for security of their password. Huntsville Techs will not change passwords to any account without proof of identification, which is satisfactory to Huntsville Techs, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Huntsville Techs will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Huntsville Techs be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise.

5. The Account Holder agrees not to harm Huntsville Techs, its reputation, computer systems, programming and/or other Account Holders using Huntsville Techs. Huntsville Techs reserves the right to select the computer for Account Holder web-site for best performance. If Account Holder breaches this agreement, then Huntsville Techs has the right to terminate service without any refunds of the unused portion prepaid by Account Holder. The Account Holder agrees to indemnify and hold harmless both Huntsville Techs and any other Account Holder from any and all claims and/or costs resulting from the Account Holders use or abuse of their service in any manner.

6. Account Holder understands this service is provided on a shared server. This means that one web-site can not overwhelm the sever with heavy CPU usage from highly active CGI scripts or chat scripts or traffic in general. If your web-site overwhelms the server and causes complaints from the other users, you have outgrown the realm of shared servers, and will need to relocate your web-site.  If at any time, Account Holder breaches any part of this contract and Huntsville Techs must engage in the services of an attorney, then Account Holder will pay any and all of Huntsville Techs's reasonable attorney fees and court costs. The Account Holder's rights and privileges cannot be sold or transferred without written consent from Huntsville Techs.

7. This contract represents the complete understanding between the parties. If Account Holder sells or resells advertising or webspace to a third party then Account Holder will be responsible for the contents of that advertising and the actions of that third party. Huntsville Techs has the right to reject any illegal or offensive content. >The e-mail distribution by the Account Holder of "SPAM" , "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. Sending bulk emails in general is prohibited as it causes the server to slow affecting other clients on the same server. If we experience anything of this nature and trace it back to a specific account on the server the account will be immediately terminated without refund. If we determine a new account holder has uploaded scripts to perform mass mailings we will suspend the account and ask the client why they are using these scripts. if we do not get a good response we will terminate the account with NO REFUNDS. If Account Holder refuses to remove any content found objectionable by Huntsville Techs, Huntsville Techs may terminate service. First time offenders will be terminated immediately with NO REFUNDS.

8. Huntsville Techs Inc. will use its best efforts to maintain a full time Internet presence for Account Holder. The network may be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.  Account Holder agrees that these events may or may not occur and Account Holder will hold Huntsville Techs, its employees, owners, contractors, free and harmless from any damages incurred in any event of any type of loss resulting from any reason whatsoever. Huntsville Techs's total liability under all circumstances will never exceed the amount paid by Account Holder for duration of this agreement. If Account Holder selects the discount for 12 months prepaid service then any amounts prepaid cannot be refunded by Huntsville Techs in the event Account Holder stops using this service.

9. This agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. A Huntsville Techs Service account may not be transferred without prior written approval from Huntsville Techs. Account Holder is responsible for maintaining the confidentiality his/her password. In the event of a breach of security through Account Holder's account, Account Holder will be liable for any unauthorized use of the Huntsville Techs Service until Account Holder notifies Huntsville Techs customer service.

10. This agreement constitutes the entire agreement between Account Holder and Huntsville Techs with respect to the Huntsville Techs Service and supersedes all prior agreements between Account Holder and Huntsville Techs. Huntsville Techs's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. 

11. Account Holder agrees to indemnify and hold Huntsville Techs harmless from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by Huntsville Techs as a result of any activities conducted by Account Holder. Account Holder and Huntsville Techs will promptly notify each other upon receipt of any claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph shall survive indefinitely the termination of this Agreement.

12. Huntsville Techs may include Account Holder's name and contact information in directories of Huntsville Techs service subscribers for the purpose promoting the use of the service by additional potential clients. However, Huntsville Techs is not authorized to Print Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of Account Holder.

13. Account Holder maintains responsibility for all charges incurred in respect to hosting, design, and/or contract services according to chosen plan and/or agreement. Accountholder hereby authorizes Huntsville Techs to collect any and all delinquent charges and/or fees by means of bank draft or credit card charge according to original method of payment. This agreement supersedes any written, electronic, or oral communication you may have had with Huntsville Techs or any agent or representative thereof, and constitutes the complete and total agreement between the parties.


 

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