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DISCLAIMER
OF LIABILITY
Limitation/Disclaimer of Liability: Provider is not liable
for protection or privacy of electronic mail or other information
transferred through the Internet or any other network provider or
its customers may utilize.
Provider does not represent or warrant to Client that Client will
receive continual and uninterrupted service during the term of this
Agreement. In no event shall Provider be liable to Client for any
damages resulting from or related to any failure or delay of Provider
to provide service under this Agreement if such delays or failures
are due to strikes, riots, fire, inclement weather ,acts of God, theft
or vandalism or other causes beyond Provider's control, as defined
by standard practices in the industry.
Such failure or delay shall not constitute a default under this Agreement.
Indemnity:
Client agrees to defend, indemnify and hold Provider harmless from
and against any and all claims, losses, liabilities and expenses
(including attorneys' fees) related to or arising out of the services
provided by Provider to Client under this Agreement, including without
limitation
claims made by third parties (including customers of Client) related
to any false advertising claims, liability claims for products or
services sold by Client, claims for patent, copyright or trademark
infringement, claims
due to disruption or malfunction of services provided hereunder,
or for any content submitted by Client for publication by Provider,
but excluding those related to the negligence of Provider.
Resale of
Provider's Service: If Client acts as a 'reseller' of the services
provided by Provider to Client hereunder, by Client providing similar
services to its customers, then all the terms of this Agreement
shall provide to the resale. Without limiting the foregoing, Client's
obligations under Section 9 ('Indemnity') shall apply to any and
all claims made against Client and/or Provider which arise out of
the resale of Provider's services.
Governing
Law/Venue: This Agreement shall be governed by the laws of the
State of Minnesota. Venue for any action hereunder shall be in Hennepen
County. Minneapolis , Minnesota.
Taxes:
If any federal, state or local governmental entity with taxing authority
over the services provided under this Agreement imposes a tax directly
on the services provided by Provider to Client under this Agreement
(excluding any income, business and occupation, capital gain, death
or inheritance, or other indirect taxes), then Provider may
pass the direct amount of such cost on to Client, and Client shall
promptly pay such cost.
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Policies
In order to provide
a professional web hosting service, My Hottzone has set up guidelines
for users of this service. These guidelines ensure a safe, functional,
and trusted environment for all members to publish their information on
the My HottZone webserver.
Web and FTP Site
Content Policies
The following content is not allowed to be published on the My HottZone
Server System:
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Content of a pornographic,
sexually explicit, nudity or adult nature |
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Content of an illegal
nature (stolen copyrighted material, such as games, web graphics literature
and MP3s.) |
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Pirated software sites, Hate
sites or content that could be reasonably considered as slanderous
or libelous. |
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Web Sites containing
the above content will be Deleted. Content that is questionable: art,
paintings, drawings, sculptures, original mp3s,will be decided upon
by a My HottZone internet represetative. |
Users
posting questionable content on their sites will have their web
and/or Email services temporarily suspended.
They will then be contacted by a My Hottzone representative and given the
opportunity to explain or remove the content in question before having their
services reinstated.
Repeated offense may cause cancellation of service without refund
of any fees.
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Illegal
Activities
Customers
caught using the My HottZone server system for illegal activities,
including but not limited to breaking in to remote systems, credit
card fraud, theft, vandalism, threats ,or violence, will have their
accounts immediately canceled. |
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Right To Refuse Service
My HottZone
reserves the right to refuse service to anyone for any reason. We
enforce this policy to ensure a pleasant and professional environment
for all the users of the My HottZone server. |
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Email
Usage Policies
Users sending unsolicited
email messages (also known as junk email or SPAM) from the My HottZone
server system will have their accounts immediately canceled.
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User Agreement
This User Agreement (the 'Agreement') governs the terms of the use by
Client of services offered by MyHottZone.com( 'Provider'). CLIENT AGREES
to receive access to the My HottZone.com Server and /or Virtual Server
services according to the following terms and conditions:
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Services
Selection of Services: Client will select services offered by Provider,
and agrees to receive services according to the service selected.
Payment for Services: Client will pay for services provided under
this Agreement by credit card authorization provided to Provider,
or
by money order , bank check or personal check.
When initiating
service, Client will be charged the published setup
fee of $25 (if any) for the service plan selected, first full billing
cycle, as well as a pro rated partial month charge according to
the service plan for the number of days remaining in the calendar
month from the time
of initiation of service until the end of the month in which service
is
initiated.
On or about
the last day of every month thereafter, Client's credit
card will be charged for monthly payment for services according
to Provider's published schedule. If paying by check, a notice will
be sent out on or about the 20th day of the last month paid for.
If
this Agreement is terminated on some day other than the last day
of the month, Client will be obligated to pay for only the pro rata
portion of the monthly service plan charge for the month in which
the service is terminated.
Term:
This Agreement may be terminated by Client or Provider at
any time without prior notice and without cause. If either party
is in
default under this Agreement (including nonpayment), then the non-
defaulting party may also immediately terminate the Agreement
without prior notice to the other party.
Compliance
with Law: Client will use the services offered by
Provider in a manner consistent with all applicable local, state
and federal laws and regulations.
File Back-up:
Provider is not responsible for Client's files residing
on Provider's servers. Client is solely responsible for independent
backup of data stored on Provider's servers.
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What's New
Due
to the public nature of the Internet, all material submitted by
Client for publication will be considered publicly accessible. Provider
does not screen in advance Client's material submitted to Provider
for
publication.
Provider's
publication of material submitted by Client does not create any
express or implied approval by Provider of such material, nor does
it indicate that such material complies with the terms of this agreement.
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DISCLAIMER OF WARRANTIES
Providers service is provided on a as is as avauilble basis
Provider specifically disclaims any other warrenties, express or implied
including any warrenty of merchantability or fitness for a particular
purpose.In no event shall provider be liable for any consequential,
indirect, special or incidental damages even if the provider has been
advised by the client of the possibility of such potential loss or
damage if the providers service to the client is disrupted or malfuncrtions.
For any reason, provider shall not be responsible for losses of income
due to disruption of service beyond the fees paid by the client to
the provider for services, during the period of disruption or malfunction.
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DISCLAIMER
OF LIABILITY
Waiver: Any party's failure to
insist on compliance or enforcement of any provision of this Agreement
shall not affect its validity or enforceability or constitute a
waiver of future enforcement of that provisionor of any other provision
of this Agreement.
Attorneys'
Fees: If a legal proceeding is commenced to enforce or obtain
a declaration of rights under this Agreement, the prevailing party
in such proceeding shall be entitled to recover its reasonable attorneys'
fees and costs incurred in the proceeding from the non-prevailing
party, as well as any reasonable attorneys' fees and costs that
the prevailing party incurred prior to commencing the proceeding.
IP
Addresses: Provider maintains control and any ownership of any
and all virtual IP numbers and addresses that may be assigned to
Client and
reserves in its sole discretion the right to change or remove any
and all virtual IP numbers and addresses.
Relationship of the Parties: The parties intend that an independent
contractor relationship will be created
by this contract, and that no partnership, joint venture or employee
/employer relationship is intended.
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