1. Client will use the Web Hosting/Internet
services in a manner consistent with any and all applicable
laws of the State of Montana and the US Federal Government.
2. Provider is under no obligation to provide Web
Hosting/Internet services to Client. Provider further
reserves the right to refuse or decline Web Hosting/Internet
services to anyone it chooses and/or, at its sole discretion,
deactivate the Client's Web Hosting/Internet Account(s) at
any time and for any reason.
3. THE HOSTING/INTERNET SERVICES ARE PROVIDED ON AN
"AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO
WARRANTY, EXPRESSED OR IMPLIED, FOR THE HOSTING/INTERNET
SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF
MERCHANTABILITY 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.
4. Provider is not responsible for any damages
arising from Client's use of Providers Hosting/Internet
Services or by Client's inability to use the Hosting/Internet
services for any reason.
5. Provider is not responsible for Client's files
residing on Providers Equipment/Web Server. Client is
solely responsible for independent backup of data stored on
Providers Equipment/Web Server.
6. CLIENT AGREES THAT ANY MATERIAL SUBMITTED
FOR PUBLICATION ON PROVIDERS INTERNET WEB SERVER
THROUGH CLIENT'S ACCOUNT(S) OR OTHERWISE, WILL NOT VIOLATE,
CONTAIN, TRANSMIT OR USED TO PARTICIPATE IN ANYTHING ILLEGAL OR LEADING TO AN,
ABUSIVE/UNETHICAL USE OF THE HOSTING/INTERNET PRODUCT(S) OR THE HOST SERVER(S).
ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT
LIMITED TO:
- PARTICIPATION OF UNSOLICITED E-MAIL (ALSO KNOW AS SPAM MAIL) WHICH IS SENT FROM CLIENT'S PAGEWEB ACCOUNT OR NON-PAGEWEB ACCOUNT
- TRANSMISSION OF PORNOGRAPHY, OBSCENITY, NUDITY
- VIOLATIONS OF PRIVACY
- TRANSMISSION OF COMPUTER VIRUSES
- ANY HARASSING, HARMFUL AND/OR OFFENSIVE MATERIALS/USES.
- VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR
PROPRIETARY RIGHTS OF OTHERS
- CONTAIN ANYTHING LIBELOUS OR HARMFUL
CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD PROVIDER HARMLESS
FROM ANY CLAIM RESULTING FROM CLIENTS
PARTICIPATION IN ANYTHING ILLEGAL OR LEADING TO AN,
ABUSIVE/UNETHICAL USE OF THE HOSTING/INTERNET PRODUCT(S) OR TRANSMISSION THEREOF.
PARTICIPATION IN ANYTHING ILLEGAL OR LEADING TO AN,
ABUSIVE/UNETHICAL USE OF THE HOSTING/INTERNET PRODUCT(S) OR TRANSMISSION THEREOF
MAY RESULT IN THE IMMEDIATE DEACTIVATION OF CLIENTS HOSTING/INTERNET
ACCOUNT(S)/SERVICES WITHOUT PRIOR NOTICE.
7. 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 its customers may
utilize.
8. 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 Hosting/Internet 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 Hosting/Internet account(s).
9. 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.
10. Provider maintains control and ownership of any
and all I.P. numbers, account names and addresses that may be
assigned to Client and reserves the right, at its sole
discretion, to change or remove any and all I.P. numbers,
account names and addresses.
11. All Hosted Accounts are none transferable and
may not be resold. The resale of Hosted Diskspace, the
operation of a Hosting Service or a service which competes
with or hinders CyberPet.com's Advertising Services is not
permitted.
12. Account Setup fees will be billed to client's credit card upon receipt of Client's application for services. Monthly services fees will be billed to Client's credit card in advance for 30 days service
on either the 1st or the 15th of each month depending on when client's account is activated. Excess transmission will appear on the following months bill.
13. All fees paid to Provider are non-refundable and non-transferable.