This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting (free or paid), e-Commerce and other Internet-related services provided by 100MegsWebHosting.com, (the "Services"). As used in this Agreement, "100 Megs Web Hosting" means 100MegsWebHosting.com, and "Client", "you", or "your" meaning anyone who has signed-up for or purchased 100Megs services (and/or 3rdparty users of these service where applicable). By placing an order either free or paid, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the 100 Megs Web Hosting site. As referred to in this Agreement, "Site" refers to an Internet website and "100 Megs Web Hosting Site" refers to the Site located at the URL http://www.100MegsWebHosting.com, or any other successor Sites owned or maintained by 100 Megs Web Hosting (specifically including 100megsfree.com series of free hosting services).
1. APPROPRIATE USE OF THE SERVICES
100 Megs Web Hosting provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any 100 Megs Web Hosting server in connection with Client's use of the Services which:
- violate any state, federal or foreign laws or regulations;
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of 100 Megs Web Hosting or any third party;
- are defamatory, slanderous or trade libelous;
- are threatening or harassing;
- are discriminatory based on gender, race, age or promotes hate;
- violate any 100 Megs Web Hosting policy posted on the 100 Megs Web Hosting Site.
- contain viruses or other computer programming defects which result in damage to 100 Megs Web Hosting or any third party.
Client may occupy only the amount of disk space on the assigned 100 Megs Web Hosting Server and utilize no more than the network bandwidth that is allotted by 100 Megs Web Hosting. Client may not exceed utilization of system resources beyond 1% of the total hosting servers available CPU or RAM resources for more than 10 seconds. Exceeding any resource limit will be considered a violtion of this service agreement and clients free or paid account may be terminated or suspended at the sole discretion of 100Megs, its staff, or agents thereof.
Client shall not use these services (either free or paid) for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at 100 Megs Web Hosting, or otherwise, that mentions or makes reference to, any domain or content hosted on 100 Megs Web Hosting servers or parked on 100 Megs Web Hosting DNS servers. (Violators will have their accounts removed.)
Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Client will have the ability to reinstate files which are automatically archived by 100 Megs Web Hosting for all paid hosting services; however, 100 Megs Web Hosting does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Clients Control Panel. Backup services do not apply to free hosting services such as those offered via the 100megsfree.com family of websites.
100 Megs Web Hosting reserves the right to refuse service to anyone. 100 Megs Web Hosting, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a party using the 100Megs services, please contact [email protected].
2. CLIENT LIABILITY AND INDEMNIFICATION
- The parties agree that in no event shall 100 Megs Web Hosting be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless 100 Megs Web Hosting from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
3. TERM, TERMINATION & REINSTATEMENT
- Subject to the terms and conditions hereof, this Agreement shall be effective
on the date you register for the Services, and shall continue in effect
on a month-to-month basis unless otherwise specified by separate agreement
(the "Term") unless terminated earlier pursuant to the provisions of this
Section 3. Either party will have the right to terminate this Agreement
upon notice to the other party. In order to cancel, please email your account
details to [email protected] Sections 3 - 8 shall survive termination
or expiration of this Agreement.
- If a client terminates its account, client shall be allowed to re-instate
Client's use of the Services within Seven (7) business days of cancellation (unless using free hosting services provided by 100megsfree family of websites - in those cases no re-instatement
grace period shall be offered.
Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement
of Client's account. Once payment has been received, Client's account will
be activated within Forty-Eight (48) business hours. 100 Megs Web Hosting
will maintain an archival copy of Client's Web site for Seven (7) days after
100 Megs Web Hosting receives notice of cancellation. Thereafter, Client
will need to place a new order if it wishes to subscribe to the Services.
- If for paid hosting services a client cancels its account before agreement is fulfilled, Client shall be liable to pay a $35 early termination fee. Client shall be refunded remaining months of agreement at the monthly payment rate paid for services, if limit exceeds the early termination fee.
- Client will pay and indemnify and hold 100 Megs Web Hosting harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
5. DISCLAIMER OF WARRANTY
- THE SERVICES, THE 100 Megs Web Hosting SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE 100 Megs Web Hosting SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. 100 Megs Web Hosting DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 100 Megs Web Hosting SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
6. LIMITATION OF LIABILITY
- NO EVENT SHALL 100 Megs Web Hosting BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE 100 Megs Web Hosting SITE OR ANY 100 Megs Web Hosting PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL 100 Megs Web Hosting.S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
If to 100 Megs Web Hosting:
100 Megs Web Hosting
If to Client:
Name and address provided for account setup.
- If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by 100 Megs Web Hosting. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it.s conflict of law rules. This Agreement and 100 Megs Web Hosting.s policies are subject to change by 100 Megs Web Hosting without notice. Continued usage of the Services after a change to this Agreement by 100 Megs Web Hosting or after a new policy is implemented and posted on the 100 Megs Web Hosting Site constitutes your acceptance of such change or policy. We encourage you to regularly check the 100 Megs Web Hosting Site for any changes or additions.