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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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