Web Site Hosting Agreement
This Web Site Hosting Agreement ('Agreement') is by and between GOTHAMSERVER.com.
('GOTHAMSERVER.com'), and you,
your heirs, assigns, agents and contractors
('You') and is effective upon electronic execution. This Agreement sets
forth the terms and conditions of Your use of GOTHAMSERVER.com’s
Web Site Hosting ('Web Hosting') services and represents the entire agreement
between You and GOTHAMSERVER.com. By using GOTHAMSERVER.com’s Web
Hosting services, You acknowledge that You have read, understand and agree
to be bound by all the terms and conditions of this Agreement, along with
any new, different or additional terms, conditions or policies which GOTHAMSERVER.com
may establish from time to time. You may view the latest version of this
Agreement at any time at http://www.GOTHAMSERVER.com/license.html.
Subscription Cancellation:
We Are Not Responsible for subscription
cancellation - customers Are Not bound to any long-term contracts -
customers can cancel subscriptions at any time :
| You can cancel your subscription from your
transaction
history at your paypal account |
- Log
in to your PayPal account.
- Click the History subtab.
- Choose the Subscriptions field from the Show
dropdown menu.
- Check the From box and change the
date back 2 years.
- Click Search.
- To view the details of a specific Subscription
Creation, click Details in the Details column.
- At the bottom of this page, click Cancel
Subscription.
- On the confirmation page, click Cancel
Subscription again.
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Backups: (copies of files and data)
** It is the sole responsibility of all hosting clients to maintain their own backups.
All accounts are deleted after 60 days of expiration.
1. FEES
As consideration for the services purchased by You and provided to You
by GOTHAMSERVER.com, You agree to pay GOTHAMSERVER.com a monthly fee.
Your monthly billing date will be determined based on the day of the month
You establish Your Web Hosting relationship with GOTHAMSERVER.com unless
that date falls after the 28th of the month in which case Your billing
date will be the 28th of each month. Payment is to be made by You providing
a valid credit card for charge by GOTHAMSERVER.com, and is non-refundable.
If for any reason GOTHAMSERVER.com is unable to charge your credit card
with the full amount of the service provided, or if GOTHAMSERVER.com is
charged back for any fee it previously charged to the credit card You
provided, You agree that GOTHAMSERVER.com may pursue all available remedies
in order to obtain payment.
You agree that You will be responsible for notifying GOTHAMSERVER.com
should you desire to terminate Your use of GOTHAMSERVER.com’s Web
Hosting services. Notification of Your intent to terminate must be provided
to GOTHAMSERVER.com no earlier than 10 days prior to You billing date
but no later than three days prior to Your billing date. In the absence
of notification from You, GOTHAMSERVER.com will automatically continue
Web Hosting services indefinitely and will charge the credit card You
have on file with GOTHAMSERVER.com, at GOTHAMSERVER.com's then current
rates. It is Your responsibility to keep your credit card information
current, including the expiration date. In the event You terminate, moving
your web site off of the GOTHAMSERVER.com hosting servers is Your responsibility.
GOTHAMSERVER.com will not transfer or FTP Your web site to another provider.
2. TERM OF AGREEMENT; MODIFICATIONS
The term of this agreement shall continue in full force and effect as
long as GOTHAMSERVER.com is providing Web Hosting services to You.
You agree that GOTHAMSERVER.com may modify this Agreement from time to
time. GOTHAMSERVER.com may also discontinue services it provides under
this Agreement. You agree to be bound by any changes GOTHAMSERVER.com
may reasonably make to this Agreement when such changes become effective.
3. DESCRIPTION OF SERVICE
GOTHAMSERVER.com currently provides Web Hosting services to its customers
for a monthly fee. GOTHAMSERVER.com will host Your web site on GOTHAMSERVER.com’s
Web Hosting servers, provided, however, You abide by the terms and conditions
set forth herein and in each of GOTHAMSERVER.com’s policies and procedures.
You are responsible for ensuring that Your web site conforms to all local,
state, federal, and international laws. Further, You are responsible for
ensuring the legal copyright to any images, text, or other web site elements
that are not provided by GOTHAMSERVER.com.
4. YOUR OBLIGATIONS
You agree that You have provided accurate, current and complete information
in the application process and that You will notify GOTHAMSERVER.com within
five (5) business days when any of the information You provided as part
of the application and/or registration process changes. Failure by You,
for whatever reason, to respond within five (5) business days to any inquiries
made by GOTHAMSERVER.com to determine the validity of information provided
by You, will constitute a material breach of this Agreement.
If You provide any information that is inaccurate, not current, false,
misleading or incomplete, or if GOTHAMSERVER.com has reasonable grounds
to suspect that Your information is inaccurate, not current, false, misleading
or incomplete, GOTHAMSERVER.com has the absolute right, in its sole discretion,
to terminate its Web Hosting services and close Your account.
You warrant that each application You make is being done so in good faith
and that You have no knowledge of it infringing upon or conflicting with
the legal rights of a third party or a third party's trademark or trade
name. You also warrant that the web site being hosted by GOTHAMSERVER.com
will not be used in connection with any illegal activity.
6. GOTHAMSERVER.com’S RIGHTS
GOTHAMSERVER.com
explicitly reserves the right and sole discretion to: a. Censor
any web site hosted on its Web Hosting servers that, in GOTHAMSERVER.com’s
sole discretion, is deemed inappropriate; b. Review every Web Hosting
account for excessive space and bandwidth utilization and to terminate
or apply additional fees to those accounts that exceed allowed levels;
c. Terminate Your Web Hosting service for employing applications
which consume excessive CPU time or a site that exceeds 20% of any server
resources causing severe stress on the server or disrupts service to other
domain clients on a shared server. d. Modify its pricing through email notification;
e. Terminate Your Web Hosting service for unsolicited, commercial
e-mailing (i.e., SPAM); illegal access to other computers or networks
(i.e., hacking); distribution of Internet viruses or similar destructive
activities; non-payment of Web Hosting fees; and other activities
whether lawful or unlawful that GOTHAMSERVER.com determines to be
harmful to its other customers, operations, or reputation; f. Terminate Your
Web Hosting service if the contents of Your web site result in,
or are the subject of, legal action or threatened legal action,
against GOTHAMSERVER.com or any of its affiliates or partners, without
consideration for whether such legal action or threatened legal action
is eventually determined to be with or without merit.
You agree to indemnify and hold harmless GOTHAMSERVER.com for any complications
arising out of Your use of GOTHAMSERVER.com’s Web Hosting services,
including actions GOTHAMSERVER.com chooses to take to remedy Your improper
or illegal use of a web site hosted by GOTHAMSERVER.com. You agree You
will not be entitled to a refund of any fees paid to GOTHAMSERVER.com
if, for any reason, GOTHAMSERVER.com takes corrective action with respect
to Your improper or illegal use of its Web Hosting services.
7. DISPUTE RESOLUTION POLICY
You agree to be bound by GOTHAMSERVER.com’s current Dispute Resolution
Policy which can be viewed at any time at http://www.GOTHAMSERVER.com/dispute.html
You agree that if a dispute arises as a result of one or more web sites
GOTHAMSERVER.com is hosting for You, You will indemnify, defend and hold
GOTHAMSERVER.com harmless for damages arising out of such dispute. You
also agree that if GOTHAMSERVER.com is notified that a complaint has been
filed with a governmental, administrative or judicial body, regarding
a web site hosted by GOTHAMSERVER.com, that GOTHAMSERVER.com, in its sole
discretion, may take whatever action GOTHAMSERVER.com deems necessary
regarding further modification, assignment of and/or control of the web
site to comply with the actions or requirements of the governmental, administrative
or judicial body until such time as the dispute is settled
10. LIMITATION OF LIABILITY
You agree that GOTHAMSERVER.com's entire liability to You under this
Agreement, and Your only remedy, in connection with any service provided
by GOTHAMSERVER.com to You under this Agreement, and for any breach of
this Agreement by GOTHAMSERVER.com, shall be limited to the fees You paid
to GOTHAMSERVER.com for Web Hosting services.
11. INDEMNITY
You agree to release, defend, indemnify and hold harmless GOTHAMSERVER.com
and its contractors, agents, employees, offices, directors, shareholders
and affiliates from and against any losses, damages or costs, including
reasonable attorney's fees, resulting from any claim, action, proceeding,
suit or demand arising out of or related in any way to Your account with
GOTHAMSERVER.com and/or Your use of the Web Hosting services provided
by GOTHAMSERVER.com.
13. DISCLAIMER OF WARRANTIES.
GOTHAMSERVER.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. SEVERABILITY
You agree that the terms of this Agreement are severable. If any part
of this Agreement is determined to be unenforceable or invalid, that part
of the agreement will be interpreted in accordance with applicable law
as closely as possible, in line with the original intention of both parties
to the Agreement. The remaining terms and conditions of the Agreement
will remain in full force and effect.
15. VENUE; WAIVER OF TRIAL BY JURY
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF NEW YORK.
THE LAWS AND JUDICIAL DECISIONS OF NEW YORK, SHALL BE USED TO DETERMINE
THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT.
YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT,
SHALL BE BROUGHT IN THE COURTS OF THE STATE OF NEW YORK .
YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEDING THAT TAKES
PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
16. NOTICES
You agree that all notices (except for notices concerning breach of this
Agreement) from GOTHAMSERVER.com to You may be posted on our web site.
Notices concerning breach will be sent either to the email or postal address
you have on file with GOTHAMSERVER.com. In either case, delivery shall
be deemed to have been made five (5) days after the date sent.
Notices from You to GOTHAMSERVER.com shall be made by email, sent to
the address we provide on our web site
Terms of Service:
Our TOS is strictly enforced to ensure a pleasent community and experience
for everyone. Where available, we have included links
to third-party resources that you can use to help comply with these TOS.
GOTHAMSERVER.com may be refered to in the following agreement as "GOTHAMSERVER.com," "company," "we," "us," or "I."
You, the customer/client, may be referred to in the following agreement as "you," "customer," "client," or "end user."
**Undesirable Content**
Certain types of content are not allowed on our network.
We do not host "illegal" adult content. Content relating to
Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright
owner of the software, all other copyrighted or illegally obtained software is forbidden. Audio and video downloads
may only be hosted if you are the creator and copyright owner of the work.
**SPAM / Bulk Email**
The use of our network to send bulk email whether opt-in or otherwise, and
the use of bulk email to promote a site on our network is
strictly forbidden. If you want to run a mailing list we recommend Yahoo! Groups (http://www.yahoogroups)
** SPAM / Unsolicited Commercial Email (UCE) **
Do not SPAM, facilitate SPAM or allow your customers to SPAM. Do not host,
or allow to be hosted, any sites or information that is advertised by SPAM
from other networks. Violation of this policy carries severe penalties and
will be pursued to the fullest extent possible including criminal and civil
prosecution.
After your first warning from the Abuse Department you will be charged at
$99 / hour if we must further process SPAM complaints. In the event that
emergency action is required to resolve actions by anti-SPAM organizations
to blacklist Solution Road IP addresses or other threats to the network
you will be charged at our emergency double-time rate of $198 / hour with
a one hour minimum.
Do not setup an open mail relay that is not password protected that can allow
spammers to send SPAM. Please contact us if you have questions.
**Telnet/Shell Access**
We do not in any way provide any type of shell access. All items that
shell access is needed for can be handled by modern ftp
software and the control panel.
**Illegality**
In any form, including but not limited to the unauthorized distribution or
copying of copyrighted software or other data, harassment,
fraud, or transferring of obscene material are not allowed.
Infringement of Intellectual Property Rights or Copyrights. The Client agrees not to engage in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, trade secrets, patents, service marks held by individuals, corporations or other entities. The Client also agrees not to engage in activity that violates the private, public or personal rights of others. Under law, GOTHAMSERVER.com is required to block or remove access to content upon proper notification of such infringements. If a copyright holder believes that GOTHAMSERVER.com is hosting a site in violation of their copyright and provides the following information, GOTHAMSERVER.com shall remove or disable the Web site or material in question:
a. An electronic or physical signature of a person authorized to act on behalf or the owner of the copyrighted material.
b. A description of the copyrighted material in question.
c. Information concerning the location of the copyrighted material in question.
d. A statement that the person giving notice believes in good faith that the copyrighted material is being used without permission.
e. A statement, under penalty of perjury, that information given in the notice is accurate and that the individual providing such notice has appropriate authority to act on behalf of the owner.
**Misuse Of Resources**
Excessive misuse: System Performance. GOTHAMSERVER.com accounts operate on shared resources. Excessive misuse or abuse of these shared network resources by the Client that impairs network performance is prohibited and may result in termination of the Clients account. Excessive consumption of resources include CPU time, memory, disk space and session time.
Including but not limited to employing applications which consume excessive CPU time. Chat/IRC, web proxy and mailing list
scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as
such is not allowed but we recommend using Stream Easy (http://www.streameasy). CGI based message forums are often
found to use excessive system resources and are not allowed so we recommend using YaBB SE (http://www.yabb.info)
If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to
determine what constitutes acceptable use. We may amend these terms of service with or without notice.
**Please Note**
Adult content that is legal under US law is acceptable.
- Please check your country - state or local laws.
We do not allow Illegal copyrited adult (X rated) content, sites
that use excessive use or mp3 storage, movie files, warz and other illegal
contents. We do reserve the right to delete accounts containing any of this
material.
**Account Termination**
We reserve the right to suspend accounts with notice should we find that
any sites in your account are in violation of these terms. If
the items are not removed your account may be terminated with or without notice.
**Reselling Accounts**
You may resell your extra accounts if you wish. If you decide to resell
accounts you are responsible for your clients content and we
recommend copying these terms on your web site or advertisements.
**Refunds/Adjustments**
We do not provide refunds in any form unless special arrangements have been
made in advance, in writing, and signed by a notary.
Special arrangements include but are not limited to warranties and gurantees.
**Policy Updates**
You agree to check with us on a regular basis regarding revisions to this
Terms of Service document. When major changes occur to
this policy we agree to notify you via e-mail about the changes.
**Uptime/Performance**
We make absolutely no warranties whatsoever, express or implied, including
warranty of merchantability or fitness for a particular
purpose. GOTHAMSERVER.com cannot guarantee continuous service, service at
any particular time, or integrity of data stored or transmitted
via its system or via the Internet. We will not be liable for the inadvertent
disclosure of, or corruption or erasure of, date transmitted
or received or stored on its system. GOTHAMSERVER.com shall not be liable
to any customer or any of GOTHAMSERVER.com's customer's
customers for any claims or damages which may be suffered by our customer or our customer's customers, including, but not
limited to, losses or damages of any and every nature, resulting from the
loss of data, inability to access Internet, or inability to
transmit or receive information, caused by, or resulting from, delays, nondeliveries,
or service interruptions whether or not caused by
the fault or negligence of GOTHAMSERVER.com.
**Closing/Disclaimer/Final Terms**
Customer agrees that it shall defend, indemnify, save and hold harmless from
any and all demands, liabilities, losses, costs, claims,
including reasonable attorney's fees, ('Liabilities') against GOTHAMSERVER.com,
its agents, its customers, servants, officers, employees, that
may arise or result from any services provided, performed or agreed to be
performed or any product sold by Customer, its agents,
employees or assigns. Customer agrees to defend, indemnify and hold harmless
GOTHAMSERVER.com against Liabilities arising out of any
injury to person or property caused by any products sold or distributed in
connection with their services; and material supplied by
Customer infringing or allegedly infringing on the proprietary rights of
a third party; copyright infringement and any defective product
which Customer sold through our services. As a result of this, Customer agrees
that GOTHAMSERVER.com shall not be liable to Customer
for any claims of actual, compensatory and/or consequential damages which
may be suffered by Customer, including, but not limited
to, losses or damages due to the loss data resulting from delays, non deliveries,
or service interruptions caused by the fault or
negligence of GOTHAMSERVER.com. Notwithstanding the above mentioned, Customer's
exclusive remedies, damages, losses and causes of
actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.
We will not be responsible for any damages your business may suffer. We make
no warranties of any kind, expressed or implied for
services we provide. GOTHAMSERVER.com disclaims any warranty or merchantability
or fitness for a particular purpose. The includes loss
of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us or our
subcontractors. The services provided by GOTHAMSERVER.com are provided AS-IS and without any warranty expressed or implied.
Copyright © 2003 GOTHAMSERVER.com. All Rights Reserved.
99% Uptime Guarantee
GOTHAMSERVER.com offers all cutomers a 99% uptime guarantee on our services. In case your
web site is unavailable for more than 8 hours, at any time, continuous or spread out during a month,
you are entitled to get a full refund for that month's services.
What is your current record?
GOTHAMSERVER.com's servers have a tracked record of above 99.5% uptime. We have several features,
such as hard disk mirroring, installed to make sure errors do not occur, but in case they do
we also keep local and network backups to make sure any outtage will be temporary.
How do I file for a guarantee claim?
If you believe your site
has been unavailable for more than 1% of a month's time, please contact
our Support staff for more information. We will confirm that the outage has
occurred after which we will refund your payment for the given month.
Are there any limitations to the guarantee?
GOTHAMSERVER.com is not responsible
for outages that occur due to transportation errors outside our servers on
the net. We do also not apply the guarantee to 3rd party software installed
by and run by the customer. If the outage is due to an error on the customer,
such as accidentally deleting important files, this is as well out of our
guarantee.
Intellectual Property Notices
The works of authorship contained in this World Wide Web Site in the
domain "GOTHAMSERVER.com" (the "Site"), including but not limited to all
design, text and images are owned, by GOTHAMSERVER.com, Inc. or one of
its
affiliates. Such works may not, except under written license, be
copied, reproduced, transmitted, displayed, performed, distributed,
rented, sublicensed, altered, stored for subsequent use or otherwise
used in whole or in part in any manner without the companys prior
written consent.
Certain methods and procedures included on the Site are property of
certain individuals and are the subject of patent filed with the United
States Patent and Trademark Office. All rights to such methods are the
property of such individuals and such methods may not be copied,
reproduced, transmitted, displayed, performed, distributed, rented,
altered, stored for subsequent use or otherwise used in whole or in
part in any manner whatsoever.
GOTHAMSERVER.com logo are service marks of GOTHAMSERVER.com.
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