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| Terms of Service |
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The following words used in context of the Service Contract are
defined as follows:
"Provider": ghis.NET
"Client": The person or entity who is applying
for Server services from Provider
"Service": (i) Service performed, or (ii) Equipment
loaned, or (iii) Space on Services rented by Provider "TOS.": Terms
of Service Agreement
The Provider agrees to provide, and Client agrees to receive, access
to the Provider's Server services according to the following TOS:
1. The TOS may be accessed by following Terms of Service Link. The TOS comprises the
entire agreement between Provider and Client, and supersedes any
prior agreements between you and Provider with respect to the subject
matter of the TOS. Provider may revise the TOS at any time, and
such revision shall be effective ten (10) days after publication
of the proposed revision to the website. You agree to review the
TOS periodically to be aware of such revisions. If any such revision
is unacceptable to you, you may terminate your contract for service
with Provider as provided in Section 13 below. Your continued use
of Provider's services following the Effective Date of any such
revision to the TOS shall be conclusively deemed as your acceptance
of all such revisions.
2. Client will use their Server services in a manner consistent
with any and all applicable laws of the State of Washington and
the US Federal Government.
3. Provider reserves the right, in its sole discretion, to deactivate
the Client's Server account(s) upon an indication of credit problems
including delinquent payments.
4. The Provider service is provided on an "as is, as available"
basis. The Provider gives no warranty, expressed or implied, for
the server services provided, including, without limitation, warranty
of marchantability and warranty of fitness for a particular purpose.
This no warranty expressly includes any reimbursement for losses
of income due to disruption of service by provider or its providers
beyond the fees paid by client to provider for services.
5. Provider is not responsible for any damages arising from Client's
use of Provider or by Client's inability to use the Server services
for any reason.
6. While Provider shall make every reasonable effort to protect
and backup data for Client on a regular basis, Provider is not responsible
for Client's files residing on Provider. Client is solely responsible
for independent backup of data stored on Provider.
7. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION
ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE
ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY
RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELLOUS OR HARMFUL. ANY
POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING
BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS
THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL
MATERIALS.
8. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION
ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING
LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE SERVER PRODUCT(S)
OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES
INCLUDE, BUT ARE NOT LIMITED TO PORNOGRAPHY, OBSCENITY, VIOLATIONS
OF PRIVACY, COMPUTER VIRUSES, AND ANY HARASSING AND HARMFUL MATERIALS
OR USES. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE
PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS
OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE
BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER
DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE SERVER ACCOUNT(S)
OR HOST SERVER(S).
9. Due to the public nature of the Internet, all information should
be considered publicly accessible, and important or private information
should be treated carefully. 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.
10. Use of distribution lists via unsolicited electronic mail or
other mass electronic mailings is strictly prohibited. The Provider
reserves the right to deactivate the Client's Server account(s)
upon an indication of such activity. Client hereby agrees to indemnify
and hold harmless the provider from any claim resulting from the
Client's or another party's use of electronic mail service(s) on
the Client's server account(s).
11. In the event it is necessary to refer any dispute to an attorney
or resolve it in a court of law, the prevailing party will be entitled
to an award of reasonable attorney's fees and all costs associated
with any legal action, whether or not a suit shall actually be filed.
12. Provider maintains control and any ownership of any and all
I.P. numbers and addresses that may be assigned to Client and reserves
in its sole discretion the right to change or remove any and all
IP numbers and addresses.
13. Termination. Either Client or Provider may terminate use of
Provider's services and/or Servers at any time. Subscriber's only
right and sole remedy with respect to any dissatisfaction with any
(i) TOS term, or policy or practice of Provider, (ii) Content available
through Provider or change therein, or (iii) amount or type of fees
or billing methods, or change therein, is to terminate Subscribership
by delivering notice to Provider. Should such notice of termination
be delivered and acknowledged as delivered by Provider, termination
will be effective within 48 hours. In the event that a Client's
account is terminated or cancelled, no refund of any fees, including
monthly Service fee, will be granted and any time credited to Client's
account(s) is not convertible to cash or other form of credit.
14. Advertising, UCE, SPAM, Mail Bombing, Bulk Solicitation and
Name Harvesting. Provider has a strict "anti-spamming" policy. It
is a clear violation of Provider's policy and is cause for immediate
termination. You may not use Provider to send unsolicited advertising,
promotional material, or other forms of solicitation to any other
Provider's subscribers or general Internet users except in cases
where prior consent from the recipient has been granted or in cases
where such areas are designated for such a purpose (e.g., the classified
area). Provider reserves the right to block or filter mass email
solicitations that pass through Provider's mail servers even if
intended for Client. In addition, you a) may not use your Provider
POP account(s) to send such solicitations b) may not use your domain
name or IP address, any sites (names, URLs or IP addresses) belonging
to Provider, or the Provider (ghis.NET) name in any postings or
e-mail solicitations you choose to participate in anywhere on the
Internet. The use of "ghost sites" (web pages setup on ISPs that
allow spamming, that directly or indirectly reference customers
to domains or IP addresses hosted by Provider in mass e-mailings
are also prohibited. Client may not participate in advertising or
promoting bulk e-mail software or services of any kind. Customer
accounts associated with spamming in any way may, at Provider's
discretion, be terminated as per termination clause above.
15. Provider has a strict policy against "adult content", "adult
material", "sexually explicit", or "sexually related". It is a clear
violation of Provider's policy and is cause for immediate termination.
ghis.NET reserves the right to decide what it considers "adult content",
"adult material", "sexually explicit", or "sexually related". Adult
content is defined as: 1. Any site whose revenue is gained in part
or whole from its adult content. 2. Photos or videos showing frontal
nudity on either men or women. 3. Text or image links to other sites
which violate policy #1 or #2. Let us know if you are unsure of
the approval of your site before placing an order.
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