Terms, Conditions, and Acceptable Use
Policy:
This
agreement represents the complete agreement and understanding between HostWire
and the account holder (hereinafter called Customer) and supersedes any other
written or oral agreement. Upon notice published on-line via HostWire services,
HostWire may modify these terms and conditions, amplify them, and/or modify the
prices, as well as discontinue or change services offered.
If you do not agree to these
terms and conditions, please notify our Billing Department at billing@hostwire.com so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute
your approval.
1. HostWire makes no warranties
of any kind, whether expressed or implied, for the service it is providing. HostWire
also disclaims any warranty of merchantability or fitness for a particular purpose.
HostWire will not be responsible for damages the customer suffers. This includes
loss of data resulting from delays, non-deliveries, misdeliveries, or service
interruptions caused by its own negligence, subscriber's errors or omissions,
or due to the fault of third parties.
2. Services provided to
the Customer by HostWire may only be used for lawful purposes. Transmission or
publication of any information, data or material in violation of any U.S. Federal
or state regulation or law is prohibited. This includes, but is not limited to,
material protected by copyright, trade secret or any other statute, threatening
material or obscene material. HostWire reserves the right to remove any and all
materials which infringe on copyright work. Such materials will be removed at
any time upon receiving a complaint and or notice of copyright infringement.
3. Customer agrees to defend,
hold harmless and expeditiously indemnify HostWire from any liability, claim,
loss, damage or expense arising out of the indemnifying party's breach or violation
of any covenant contained in this Policy and resulting from the Customer's use
of the service.
4. HostWire accounts cannot
be transferred or used by anyone other than the subscriber. Customers may not
sell, lease, rent or assign the connection or parts of the connection to any party
not named in this Policy. Customer may allow ftp access to its server and host
web sites for its customers without violating this Policy.
5. HostWire reserves the
right to cancel service for any reason without prior notice. In case of cancellation,
unused fees may be returned to the subscriber on a pro-rata basis. Fees for setup
and the first month's service are not refundable.
If a customer re-registers
after HostWire's cancellation of the account without HostWire's written consent,
HostWire will cancel Customer's account and all dues and fees paid to date regardless
of whether service has been rendered will be forfeited. Additionally, any amounts
due will be immediately payable.
6. Setup fees are not refundable.
7. At the time of account
cancellation, a Cancellation Code will be provided. If accounts are billed in
error after the Cancellation date, credits will only be issued with a valid HostWire
Cancellation Code. If cancellation is done in writing, it will be the responsibility
of the Customer to contact HostWire for the Cancellation Code.
8. Additionally, CUSTOMER
agrees not to utilize the HostWire service, equipment or email address in connection
with the transmission of the same or substantially similar unsolicited message
to 200 or more recipients or ten or more newsgroups in a single day. CUSTOMERS
responsible for violating this clause of the HostWire Acceptable Use Policy will
be fined $500 per message. Payment by CUSTOMER under this provision shall not
prevent HostWire from seeking other legal remedies against CUSTOMER.
9. Customer agrees not to
transmit, promote, or otherwise make available any software, product or service
that is either illegal or designed to violate this Agreement. Such software, products
or services include, but are not limited to, programs designed to send unsolicited
advertisements (i.e. "spamware") and services which send unsolicited
advertisements.
10. HostWire requires that
its agreements be made with a person who is qualified to contract. As such, subscriber
must be over the age of eighteen (18) years. Otherwise, a parent or guardian must
accept this agreement and enclose the proper payment. HostWire cannot accept payments
from persons who are not at least eighteen (18) years of age, nor can we accept
agreements from persons who are not at least eighteen (18) years of age.
11. Customer shall ensure
that its use of HostWire's network services shall not disrupt HostWire, its associated
networks or equipment forming part of the systems. In instances in which an excessive
amount of system resources are utilized by a subscriber, HostWire reserves the
right to place CPU process limits on the Customer's account to prevent disruption
of service to other customers. Customers shall not transmit any communication
where the meaning of the message, or its transmission or distribution, would violate
any applicable law or regulation or would likely be offensive to the recipient
thereof. No message may be mass distributed, "broadcast," or otherwise
sent on an intrusive basis to any HostWire user or to any directly or indirectly
attached network. Use of HostWire's connection in a manner that is disruptive,
damaging, unlawful, offensive, or intrusive as determined by HostWire shall be
considered a breach of this Policy and may result in cancellation of service.
This prohibition extends to sending of unsolicited mass mailings from another
service which in any way implicates the use of HostWire's service, HostWire's
equipment or any site hosted on any HostWire network.
12. Customer warrants that
any material submitted for publication on HostWire does not violate or infringe
any copyright, trademark, patent, statutory common law or proprietary interest
of others or contain anything obscene or libelous. HostWire reserves the right
to remove any and all materials which infringe on copyright work. Such materials
will be removed at any time upon receiving a complaint and or notice of copyright
infringement.
13. If HostWire becomes
aware of material that could be infringing on a third party's copyright, it will
initiate an investigation. To conduct an investigation of copyright infringement,
the Complainant must submit at least two items. First, Complainant must submit
a claim in writing with the applicable copyright or trademark registration number
and a copy of the underlying copyrighted work along with the Customer's materials.
Second, Complainant must offer a good faith certification signed under penalty
of perjury. This certification must state that the work is the property of the
Complainant, that the work has been copied and that use of the work is not defensible.
With this information in-hand, HostWire, at its discretion, may, at any time deny
access to the challenged material of Customer.
14. Use of other organizations'
networks or computing resources is subject to their respective permission and
usage policies.
15. For all new domains,
there is an initial OnlineNIC registration fee of $30.00 for the first two years.
HostWire will automatically pay this fee as well as all annual renewal fees of
$15.00 to the OnlineNIC on your behalf while your HostWire account is active and
current. These fees will appear on your billing statement unless prior arrangements
are made with our customer service department.
16. Use of HostWire's hosting
services could involve listing subscriber's participation in relevant directories,
and subscriber expressly grants permission for such listings.
17. Although all hosting
plans permit unlimited data transfer, each plan is subject to a surcharge in the
event usage exceeds the allotted free bandwidth for that plan. Customer is responsible
for charges related to bandwidth exceeding the plan's allotted data transfer.
18. Any party seeking to
report any other potential violations of this Agreement may contact HostWire via
e-mail at abuse@hostwire.com.
19. Transferring your domain
to another provider does not constitute canceling your HostWire account. You must
notify HostWire to formally cancel your account with HostWire to avoid further
charges.
20. On occasion, HostWire
may have a need to communicate with its customers through e-mail issues related
to billing, as well as changes, additions and modifications to the network. It
is the responsibility of the customer to check e-mail sent to the primary login
e-mail address on the account.
21. It is the responsibility
of the customer to contact HostWire of any changes to their account, such as phone
number, address, credit card information, etc. Customers will be required to provide
verification for security purposes authorizing them to make any changes to that
account.
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