powerhoster.com agrees to provide you ("User") with those services ("Service") set forth
on the Application subject to User's compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE.
BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER
WARRANTY IS EXPRESSED OR IMPLIED.
powerhoster.com exercises no control whatsoever over the content of the information passing through
powerhoster.com 'S system. Use of any information obtained via powerhoster.com is at User's risk. Neither
powerhoster.com nor any of its affiliates, its licensers, its contractors or their respective employees warrant
that the Service will be uninterrupted or error free; nor does powerhoster.com make any warranty as to
the results from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY
WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO
ADVICE OR INFORMATION GIVEN BY powerhoster.com , ITS AFFILIATES, ITS LICENSERS,
ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A
WARRANTY. NEITHER powerhoster.com NOR ITS AFFILIATES, ITS LICENSERS, ITS
CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY
INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE
IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER
HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL powerhoster.com , ITS AFFILIATES, ITS LICENSERS,
ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO
USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR
USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE
PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN
OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT,
WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER
CAUSE OF ACTION. IN THE EVENT powerhoster.com IS FOUND LIABLE UNDER ANY
CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, powerhoster.com 'S LIABILITY
SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION
PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or
practices of powerhoster.com in operating the Service, User's sole and exclusive remedy is to discontinue
using the Service.
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold
powerhoster.com , its affiliates, its licensers, its contractors or their respective employees harmless against
any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's
fees and cost of litigation) incurred or suffered by powerhoster.com , its licensers, its affiliates, its
contractors, or their respective employees as the result of any and all use of User's account whether
authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of
the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage,
judgment and expense which arise out of alleged injury or death of any person or damage to
property of every kind and description. User shall promptly notify powerhoster.com in writing of any claim
of which it is obligated under this indemnity. User shall have the right to assume the defense of any
such claim. User and powerhoster.com shall confer as to and agree on the legal counsel(s) to be selected
in any such defense.
User represents to powerhoster.com that he or she is 18 years of age or older. User understands that
certain materials available from Service provided under the terms of this Agreement may not be
suitable for individuals under the age of 18.
User understands that the Internet contains unedited materials some of which are sexually explicit or
may be offensive. User accesses such materials at his or her own risk. powerhoster.com has no control
over and accepts no responsibility whatsoever for such materials.
send unsolicated email, (known as 'spam') to anyone residing on our
servers or through our servers, or when dialed into the network. The
following types of email sent constitute as spam:
mail bombs.
restrict or inhibit any other user from using and enjoying the Internet;
post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic,
profane, or otherwise objectionable information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to
civil liability, or otherwise violate any local, state, national or international law, including without
limitation the U.S. export control laws and regulations;
post on webspace provided any sexually explicit materials or materials
that may be offensive.
post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or
other harmful component;
post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other
material obtained through the Service for commercial purposes (other than as expressly permitted by
the provider of such information, software or other material);
upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other
material obtained through the Service which is protected by copyright, or other proprietary right, or
derivative works with respect thereto, without obtaining permission of the copyright owner or
rightholder;
upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the
Service itself or derivative works with respect thereto;
send unsolicited advertising or promotional materials to other network users (See section titled
"MESSAGING");
allow users to run Maillist, Listserv or any form of auto-responds from User's account;
run or activate processes while User is not logged in;
violate the security of any computer network, crack passwords or security encryption codes,
transfer or store illegal material including that deemed threatening or obscene, or engage in any kind
or illegal activity;
attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature
of User's connection, including the use of pingbots and other methods of avoiding timing
disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or
violate any of the rules, regulations and policies of those networks and computer systems accessed
via User's account.
powerhoster.com has no obligation to monitor the Service. However, User agrees that powerhoster.com has the
right to monitor the Service electronically from time to time and to disclose any information as may
be necessary to satisfy any law, regulation or other governmental request, to operate the Service
properly, or to protect itself or its subscribers. powerhoster.com will not intentionally monitor or disclose
any private E-mail message unless required by law. powerhoster.com reserves the right to refuse to post or
to remove any information or materials, in whole or in part, that, in its sole and absolute discretion,
are unacceptable, undesirable, or in violation of this Agreement. powerhoster.com reserves the right to
suspend access to the Service for User's account. The account's suspension may be rescinded within
the sole and absolute discretion of powerhoster.com following payment of a reconnection charge, to be
determined by powerhoster.com in its sole and absolute discretion.
Messaging
User agrees to limit their use of the powerhoster.com service, specifically regarding the use of powerhoster.com 's
electronic (email) services, to the following restrictions:
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email server located throughout the Internet for the
purposes of relaying or distributing messages is prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution of any email message where the return address,
originator's address, or any other identifiable aspect of the message has been purposefully altered, is
prohibited. User may not purposefully misrepresent the origination information of any email messages
sent while using the powerhoster.com service.
Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE
TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE
TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING"
SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF
$200. powerhoster.com RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON
FILE FOR USE IN PAYMENT OF powerhoster.com SERVICES, A ONE-TIME FEE OF $200 PER
VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR
powerhoster.com SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD,
powerhoster.com RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR
THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO
AGREES TO THE IMMEDIATE TERMINATION OF powerhoster.com SERVICES FOR
VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting Services
Although powerhoster.com advertises "Unlimited Bandwidth" in
regards to some of its services there are several limitations
applied. The sole purpose of these
limitations are intended of unncessary use of powerhoster.com services by
any such User, which restricts system availability for other such
Users. These limitations apply only to Hosting offered by [Your ISP
Name].
Restricted Content
You agree not to post any of the following restricted contents: Illegal,
Abusive or Unethical Activities include, but are not limited to,
pornography, obscenity, nudity, violations of privacy, hacking, computer
virus, gambling, or promotion of gambling, and any harassing or harmful
materials or uses, as determined by us. You agree to indemnify and hold us
harmless from any claim resulting from your publications or use of
Illegal, Abusive or Unethical materials.
Bandwidth Restrictions
Although we advertise unlimited bandwidth, we reserve the right to
inform you that you must transfer your website if an excessive amount of
bandwidth is being used. If the request is not met within 5 days, we do
reserve the right to remove the website from our system.
Limitation of Dial-Up Services
Although powerhoster.com advertises "Unlimited Access" in regards to some of it's Dial-Up services, there
are several limitations applied. The sole purpose of these limitations are intended to limit the amount
of unnecessary use of powerhoster.com services by any such User, which restricts overall powerhoster.com
system availability for other such Users. These limitations apply only to Dial-Up access services
offered by powerhoster.com .
Idle Timeout
User agrees to have their online session automatically terminated after ten (10) minutes of
consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's
modem and the powerhoster.com service.
Maximum Single Session
User agrees to have an online session automatically terminated after
five (5) hours of consecutive
time, regardless of data transferred during such specific online session.
Minimum Re-Connect Limit
User understands they cannot log back onto the powerhoster.com system for a time period of one (1)
minute following the termination of their previous online session, regardless of the reason for the
previous session's termination.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account
purchased.
Starnet Access Restrictions
User agrees to not use the service as a dedicated connection. The
determination of what a dedicated connection is shall be at the sole
determination of powerhoster.com . Service is provided as an unlimited
service provided that you may not use the provided connection as a
dedicated connection.
Aleron ( @surf.net ) Netowrk Access Restrictions
User agrees to not use the service as a dedicated connection. The
determination of what a dedicated connection is shall be at the sole
determination of powerhoster.com. Service is provided as an unlimited
service provided that you may not use the provided connection as a
dedicated connection.
ISDN Access Restrictions
User agrees that for all ISDN Accounts that they will
be limited to 300 channel hours of access per month. If the
customer exceeds the 300 channel hour limit, there account will
be temporarily disabled until the first of the next month.
UU.net Access Restrictions
User agrees that for all UUnet locations, that they will be
limited to 150 hours of access per month. If a customer exceeds the
150 hour limit, there account will be temporarily disabled until the
first of the next month.
Qwest Access Restrictions
User agrees that for all Qwest locations, that they will be
limited to 200 hours of access per month. If a customer exceeds the
200 hour limit, there account will be temporarily disabled until the
first of the next month. The timezone used for determination of
hours will be EST time.
Terms of Payment
A credit card User agrees to allow powerhoster.com to bill his or her card on each successive billing date
without obtaining User's permission after the initial charge. A credit card User shall notify powerhoster.com
of any changes in credit card number or expiration date. If the card is not honored for any reason,
powerhoster.com will attempt to notify the card holder by using the telephone information given at sign-up
or by E-mail. powerhoster.com will call the card holder, and if alternative billing has not been established, the account will be terminated. Restoring the account will be subject to a setup fee of $10.00.
If payment is by check, payment due dates are indicated on User's invoice. Dishonored checks are
subject to a collection fee to be determined by powerhoster.com in its sole and absolute discretion and
User's account may be suspended until the account is current. If payment is not received , service will be terminated and a setup fee of $10.00 will be added to charges for additional Service.
powerhoster.com maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of
Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event
powerhoster.com utilizes an attorney to collect any unpaid amounts, User shall be responsible for the
payment of all of powerhoster.com 'S attorneys' fees and costs in the collection of these sums.
powerhoster.com reserves the right to change prices at any time without prior notice to it's customers or
the public. Price changes will not be retroactive for existing customers, regardless of the length of
their existing service subscription.
Right to Cancel
powerhoster.com reserves the right to cancel Service for any reason without prior notice.
Pre-paid service is non-refundable. powerhoster.com will not refund any shipping or handling fees.
Cancellations after the first of the month will be charged for that month.
User must notify powerhoster.com via telephone or in writing to cancel Service. Cancellations shall not be honored by electronic mail. Fees for any setup, shipping and handling, and monthly service charges placed by powerhoster.com are non-refundable.
No Confidentiality
Information transmitted through powerhoster.com and through the Internet in general is not confidential.
powerhoster.com can not and shall not guarantee privacy or protection of any User. powerhoster.com reserves the right to monitor any User's transmissions when deemed necessary for providing proper service
and/or to protect the rights and property of powerhoster.com .
Customer Information
Unless required by court order, subpoena or other legal request, or upon the advice of counsel,
"Your Company Name" may publish
User's name and other consumer information in one or more directories which may be accessed by
other Internet users. In addition, unless User notifies "Your Company Name" to the contrary as provided above,
"Your Company Name" may make such information available to third parties from time to time. User understands
further that merchants on the Internet may have access to such information and may make it available
to third parties in accordance with their normal practices unless User notifies those merchants
directly that User does not wish such information to be made available.
Non-transferable
The right to use the Service is not transferable. Accounts are for User's use only. User shall be
responsible for the confidentiality of User's password. Loaning User's account to others, connecting
a system used by multiple persons, group use of user log-ins, and consuming more than one modem
line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in
session per system account at any time. Violation of those terms shall constitute theft of Service and
may be prosecuted under civil and criminal law.
Purchases on the Service
If User wishes to make purchases on the Service, User may be asked by the merchant or
information or service provider from whom User is making the purchase to supply certain
information, including credit card or other payment mechanism information. User agrees that all
information User may provide any merchant or information or service provider on the Service for
purposes of making purchases shall be accurate, complete and current. The merchants and
information and service providers offering merchandise, information and services on the Service set
their own prices and may change prices or institute new prices at any time. User agrees to pay all
charges incurred by users of User's account and credit card or other payment mechanism at the
prices in effect when such charges are incurred. User shall also be responsible for paying any
applicable taxes relating to purchases on the Service.
No System Backup
powerhoster.com does not and will not perform system backups on any User's E-mail account(s).
powerhoster.com shall not be held responsible for any lost E-mail data, email attachments, or any E-mail
message contents, regardless of the reasoning for data loss or system causes. Except as otherwise
set forth herein, powerhoster.com will not provide historical data, to any party for any reason, regarding
any system or Internet activity.
powerhoster.com shall not
be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning
for data loss or system causes. Except as otherwise set forth herein, powerhoster.com will not provide
historical data, to any party for any reason, regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
powerhoster.com may deny User access to all or part of the Service without notice if User engages in any
conduct or activities that powerhoster.com in its sole discretion believes violates any of the terms and
conditions in this Agreement. If powerhoster.com denies User access to the Service because of such a
violation, User shall not have the right (1) to access through [Your ISP
Name] any materials stored on the
Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3)
to access third party services, merchandise or information on the Internet through powerhoster.com , and
powerhoster.com shall have no responsibility to notify any third-party providers of services, merchandise
or information nor any responsibility for any consequences resulting from lack of notification.
Miscellaneous
User agrees to remain signed into the network only when actually making use of same, and to
disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not
remain connected to powerhoster.com 's system for periods exceeding
(5) five hours, in any single
continuous session. User authorizes powerhoster.com to enforce these restrictions by appropriate software
and network measures, automated and manual.
User agrees to notify powerhoster.com if User moves or otherwise changes his or her mailing address or
phone number, and to list a truthful name, postal address and telephone number on the forms User
supplies to powerhoster.com .
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion
shall 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 shall remain in full force and effect.
powerhoster.com 'S failure to insist upon or enforce strict performance of any provisions of this Agreement
shall not be construed as a waiver of any provision or right. neither the course of conduct between
parties nor trade practice shall act to modify any provision of this Agreement.
powerhoster.com may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such
modification shall be deemed to be User's acceptance of any such modification. It is User's
responsibility to check this online area regularly to determine whether this Agreement has been
modified. If User does not agree to any modification of this Agreement, User must immediately stop
using the Service.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Illinois without regard to its conflicts of law provisions. Any cause of action User may have with
respect to the Service must be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred.
powerhoster.com shall not be liable or deemed to be in default for any delay or failure in performance
under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil
or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire,
explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts,
materials, labor or transportation or any cause beyond the reasonable control of powerhoster.com .
Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in
relation to this Agreement, or the breach thereof, naming powerhoster.com as the defendant, shall be
proper only in a venue determined by powerhoster.com .
In any action between powerhoster.com and User to enforce any of the terms of this Agreement,
powerhoster.com shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and powerhoster.com with respect to the
Service.
