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Terms of Service - Host ColorAll services provided by Host Color may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited.This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Host Color from any claims resulting from the use of the service which damages the subscriber or any other party. Non-Acceptable ContentPornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. Host Color will be the sole arbiter as to what constitutes a violation of this provision.Examples of Non-Acceptable Content or Links
RefundsPayments for Host Color's hosting packages can be refunded within 31 days of the activation of the hosting service. Domain name registrations are non-refundable. When refunding hosting packages with domain name registration included Host Color reserves the right to withhold a part of the payment to cover the cost of the domain name registration. The amount withheld would not be higher than the price of a domain registration offered by Host Color. Refunds after the 31 days period after activation of the service can be issued at Host Color's sole discretion on a case-by-case basis.Services support, Data Loss & DisclaimerHost Color provides support for its online services to the extent that the services are functional. Host Color is not responsible for unavialbility of its services caused by misconfiguration or errors on the side of the customer.Data Loss Your use of Host Color's service is at your sole risk. Host Color is not responsible for any files and/or data residing on your hosting account. You agree to take full responsibility for files and data transferred and to maintain appropriate backup of files and data stored on Host Color's servers. Disclaimer Host Color is not be responsible for any damages your business may suffer. Host Color makes no warranties of any kind, expressed or implied for services provided. Host Color disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Host Color and its employees. Traffic GuidelinesAll the sites that use Host Color's hosting package are limited to an indicated rate of trasfer of free traffic per month. Sites that go over the allocated traffic will be charged per gig. Sites must pay this fee at the begining of nex month, and site is subject to suspension if bandwidth is unpaid for.Background Running ProgramsAs a general rule we do not allow background running programs. We may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. IRC: We currently do not allow you to link to or use IRC or IRC bots such as eggdrop, and BitchX on our servers.CGI ScriptsHost Color accounts do not comes with pre-installed scripts in the CGI-BIN. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by Host Color is not allowed.Server ResourcesAny web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) can be suspended without notice, and then may be given an option of either upgrading their service level or reducing the resource used to an acceptable level. Distribution and/or Transmission of Obscene or Indecent Speech or Materials Violation of indecency and obscenity laws can result in criminal penalties.Intellectual Property RightsMaterial accessible to you through Host Color's Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Host Color Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the HostColor Network. If you use a domain name in connection with the Host Color Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.Network SecurityCustomers may not use the Host Color Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Host Color will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.DefamationDefamatory speech distributed over the Internet can result in civil liability for the defamer.Account Renewal and Domain RegistrationHost Color does not support expired hosting accounts or domains. If client wants to keep domain registered by Host Color and host it with another hosting company he/she must issue domain transfer at least 15 days before expiration date of this domain. Host Color do not have rights over clients' domains and agrees to provide assistance only if client have kept to 15 day term. We do not care responsibility for any domains passed their expiration date.Refusal of ServiceHost Color reserves the right at its sole discretion to refuse or cancel service. Violation of any of Host Color's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.Spam Or Unsolicited E-MailYou must not use the Host Color Network, Host Color equipment or any Host Color email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the fourthColor Network, Host Color equipment or any Host Color email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, without warning, Host Color reserves the right to disable your domain. In addition, Host Color may impose a $100 penalty for each spam policy violation. Host Color solely reserves the right to refuse or cancel service to known spammers. Lastly, Host Color reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. As such, any violation will result in immediate deactivation of services without refund.AbuseAny attempts to undermine, slander, libel, threaten, swear at, offend or cause harm to a Host Color server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.IndemnificationCustomer agrees that it shall defend, indemnify, save and hold Host Color harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Host Color, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Host Color against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Host Color server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of fourthColor to the amount paid for service. Host Color will not be responsible for any damages your business may suffer. Host Color makes no warranties of any kind, expressed or implied for services we provide. Host Color disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Host Color and its employees. We reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation. Host Color furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, Host Color wishes to emphasize that in accepting services, customers indemnify Host Color for the violation of any law or Host Color policy, that results in loss to Host Color or the bringing of any claim against Host Color. This means that if Host Color is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Host Color, plus costs and reasonable attorneys' fees. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation. Host Color reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice. |
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