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Terms
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All
users of WebHostingPad services,
and all customers upon signing
up for WebHostingPad services,
agree to comply with WebHostingPad
Terms of Use ("TOU"). The spirit
of the TOU is to ensure customers
are using WebHostingPad services
with due regard to the rights
of other Internet users and in
conformity with the requirements
of WebHostingPad network environment.
The TOU are not exhaustive and
WebHostingPad reserves the right
to add, delete, or modify any
provision of its TOU at any time
without notice, effective upon
either the posting of the modified
TOU to www.webhostingpad.com or
notification of the modified TOU.
Any complaints about a customer's
violation of the TOU should be
sent to abuse@webhostingpad.com.
Please see our abuse
terms for more details on
abuse policy and our new Unlimited
Plan Quota. Except when expressly
agreed to the contrary in writing
by an authorized representative
of WebHostingPad, this TOU supersedes
any other agreement with WebHostingPad,
whether written, oral, by conduct,
or otherwise. |
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WebHostingPad Web
Hosting Customer Restrictions
Any
Web site that uses a high amount
of server resources (such as,
but not limited to, CPU time,
memory usage, and network resources)
will be given the option to reduce
the resources used to an acceptable
level, or upgrade its service
to a Dedicated Server plan. WebHostingPad
will be the sole arbiter of what
is considered to be a high server
usage level. Any Web Hosting account
deemed to be adversely affecting
server performance or network
integrity will be shut down without
prior notice.
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Sending
unsolicited bulk and/or commercial
messages over the Internet (known
as "spamming") is prohibited,
regardless of whether or not it
overloads a server or disrupts
service to WebHostingPad customers.
The term "spamming" also includes,
but is not limited to, maintaining
an open SMTP policy, engaging
in spamming using the service
of another ISP or IPP and referencing
in the spam a Web site hosted
on a WebHostingPad server, and
selling or distributing software
(on a Web site residing on a WebHostingPad
server) that facilitates spamming.
Violators will face immediate
suspension. WebHostingPad reserves
the right to determine, in its
sole and absolute discretion,
what constitutes a violation of
this provision.
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WebHostingPad
does not allow IRC or IRC bots
to be operated by Web Hosting
and Ecommerce customers.
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WebHostingPad
Web Hosting and Ecommerce accounts
are not configured for the purposes
of distributing software and/or
multimedia products. Running any
onliine gaming is prohibited due
to intense CPU and memory usage.
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The legal owner
of customers' Web sites and
accounts with WebHostingPad
will be the individual or organization
whose name is listed in WebHostingPad
database as the owner. Customers
will fully cooperate with and
abide by any and all of WebHostingPad
security measures and procedures
in the event of any dispute
over ownership of customers'
Web sites and accounts with
WebHostingPad.
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WebHostingPad
servers may be used for lawful
purposes only. Transmission, storage,
or distribution of any information,
data, or material in violation
of any applicable law or regulation,
or that may directly facilitate
the violation of any particular
law or regulation is prohibited.
This includes, but is not limited
to: copyrighted material; trademarks;
trade secrets or other intellectual
property rights used without proper
authorization; material that is
obscene, defamatory, constitutes
an illegal threat, or violates
export control laws. Additionally,
in purchasing WebHostingPad services,
all WebHostingPad customers certify
that they and/or the organization
they represent in procuring services
from WebHostingPad are not, nor
have been designated, a suspected
terrorist as defined in Executive
Order 13224; are not owned or
controlled by a 'suspected terrorist'
as defined in Executive Order
13224; and are not on, are not
a member of, related to, associated
with, or controlled by any organizations
on the list contained in the Annex
to Executive Order 13224 and all
updates thereto.
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The Digital
Millennium Copyright Act ("DMCA")
sets forth the law regarding
the use of copyrighted materials
on the Internet. All WebHostingPad
customers are subject to the
requirements of the DMCA. Individuals
or entities submitting notifications
of copyright infringement by
a WebHostingPad customer (per
the DMCA) to WebHostingPad must
follow the below procedures.
Customers who are the subject
of a DMCA notification that
meets the below criteria may
be subject to account termination
at WebHostingPad sole discretion.
DMCA
Copyright Infringement Notification
Requirements:
- Physical
or electronic signature of
the copyright owner or a person
authorized to act on the copyright
owner's behalf (the "Claimant").
- Identification
of the copyrighted work(s)
claimed to have been infringed.
- Identification
of the material claimed to
infringe the copyright(s),
and enough information for
WebHostingPad to locate it
including URLs and specific
descriptions of the infringing
material at each URL.
- The Claimant's
name, address, and telephone
number(s).
- A statement
that the Claimant has a good
faith belief that use of the
disputed material is not authorized
by the copyright owner or
his agent.
- A statement,
under penalty of perjury,
that the information in the
notification of copyright
infringement is accurate and
that the Claimant is authorized
to act on behalf of the copyright
owner.
- Send the
notification via mail to:
Web Hosting Pad Corporation
Legal Department - DMCA Complaints
5005 Newport Dr Suite 500
Rolling Meadows, IL 60008
The DMCA contains
very specific guidelines as
to what proper notification
of claimed infringement must
contain. Copyright owners may
obtain a copy of the DMCA, including
these guidelines, by visiting
the web site of the U.S. Copyright
Office at http://www.copyright.gov/title17/92chap5.html#512.
WebHostingPad
is not required to respond to
notices that do not meet the
requirements of the DMCA. Copyright
owners should be aware that
there are substantial penalties
for false claims and that WebHostingPad
will actively refer complainants
who use the DMCA for improper
purposes to relevant law enforcement
agencies.
In the event
that WebHostingPad must remove,
or disable access to, material
on your web site that is alleged
to infringe another's copyright
under the DMCA, you acknowledge
and agree that WebHostingPad
may do so by disabling access
to your entire web site.
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The
use of WebHostingPad services
to store, post, display, transmit,
advertise or otherwise make available
child pornography is prohibited.
WebHostingPad is required by law,
and will, notify law enforcement
agencies when it becomes aware
of the presence of child pornography
on, or being transmitted through,
its services.
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WebHostingPad
customers agree to protect, defend,
hold harmless, and indemnify WebHostingPad,
any third party entity related
to WebHostingPad (including, without
limitation, third party vendors),
and WebHostingPad executives,
directors, officers, attorneys,
managers, employees, consultants,
contractors, agents, parent companies,
subsidiaries, and affiliates,
from and against any and all liabilities,
losses, costs, judgments, damages,
claims, or causes of actions,
including, without limitation,
any and all legal fees and expenses,
arising out of or resulting in
any from the customer's use of
WebHostingPad services.
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The
WebHostingPad service is provided
on an as is, as available basis
without warranties of any kind,
either express or implied, including,
but not limited to, warranties
of merchantability, fitness for
a particular purpose or non-infringement.
WebHostingPad expressly disclaims
any representation or warranty
that the WebHostingPad service
will be error-free, secure or
uninterrupted. No oral advice
or written information given by
WebHostingPad, its employees,
licensors or the like, will create
a warranty; nor may you rely on
any such information or advice.
WebHostingPad and its partners
and suppliers will not be liable
for any cost or damage arising
either directly or indirectly
from any transaction or use of
the service.
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TO
THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT, AND
UNDER NO THEORY OF LAW OR EQUITY,
WILL WEBHOSTINGPAD (INCLUDING, WITHOUT
LIMITATION, WEBHOSTINGPAD'S EXECUTIVES,
DIRECTORS, OFFICERS, ATTORNEYS,
MANAGERS, EMPLOYEES, CONSULTANTS,
CONTRACTORS, AGENTS, PARENT COMPANIES,
SUBSIDIARIES, AFFILIATES, THIRD-PARTY
PROVIDERS, MERCHANTS, LICENSORS,
OR THE LIKE) OR ANYONE ELSE INVOLVED
IN CREATING, PRODUCING, OR DISTRIBUTING
WEBHOSTINGPAD'S SERVICES, BE LIABLE
FOR THE LOSS OF A DOMAIN NAME,
OR ANY BUSINESS OR PERSONAL LOSS,
REVENUES DECREASE, EXPENSES INCREASE,
COSTS OF SUBSTITUTE PRODUCTS AND/OR
WEBHOSTINGPAD SERVICES, OR ANY OTHER
LOSS OR DAMAGE WHATSOEVER, OR
FOR ANY CONSEQUENTIAL, SPECIAL,
INCIDENTAL, PUNITIVE OR INDIRECT
DAMAGES OF ANY KIND ARISING OUT
OF ANY USE OF, OR ANY INABILITY
TO USE, ANY WEBHOSTINGPAD SERVICES EVEN
IF WEBHOSTINGPAD HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
WEBHOSTINGPAD'S TOTAL CUMULATIVE LIABILITY,
IF ANY, TO CUSTOMER, OR ANY THIRD
PARTY, FOR ANY AND ALL DAMAGES,
RELATED TO THE TOU OR WEBHOSTINGPAD'S
SERVICES, INCLUDING, WITHOUT LIMITATION,
THOSE FROM ANY NEGLIGENCE, ANY
ACT OR OMISSION BY WEBHOSTINGPAD OR
WEBHOSTINGPAD'S REPRESENTATIVES, OR
UNDER ANY OTHER THEORY OF LAW
OR EQUITY, WILL BE LIMITED TO,
AND WILL NOT EXCEED, THE ACTUAL
DOLLAR AMOUNT PAID BY THE CUSTOMER
FOR THE SERVICES WHICH GAVE RISE
TO SUCH DAMAGES, LOSSES AND CAUSES
OF ACTIONS DURING THE 3-MONTH
PERIOD PRIOR TO THE DATE THE DAMAGE
OR LOSS OCCURRED OR THE CAUSE
OF ACTION AROSE.
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WebHostingPad
may discontinue, upgrade, replace,
modify, or change in any way,
without limitation, any software,
application, program, data, hardware,
equipment, or portions or components
thereof, used to provide customers
with WebHostingPad services. Certain
changes to WebHostingPad services
may affect the operation of customers'
personalized applications and
content. Each customer is solely
responsible, and WebHostingPad
is not liable, for any and all
such personalized applications
and content, except as expressly
agreed to by WebHostingPad.
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Except
where WebHostingPad has expressly
agreed in writing to the contrary,
customers are solely and entirely
responsible, and WebHostingPad
is in NO way responsible, for
the management and backup of all
customer data, and all updates,
upgrades, and patches to any software
that customers use in connection
with WebHostingPad services. Webhostingpad
servers are also NOT be used as
a backup storage and is only intented
for hosting web files.
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The
TOU, and any other agreement for
WebHostingPad services, will be
governed by and construed in accordance
with the laws of the State of
Illinois, USA without reference
to its conflicts of laws principles.
Any litigation or arbitration
between a customer and WebHostingPad
will take place in Illinois, and
the customer will consent to personal
jurisdiction and venue in that
jurisdiction. If any provision
or portion of the TOU or other
WebHostingPad agreement is found
by a court of competent jurisdiction
to be unenforceable for any reason,
the remainder of the TOU or the
agreement will continue in full
force and effect.
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Nothing
in this Agreement will be construed
as creating a partnership or relationship
of employer and employee, principal
and agent, partnership or joint
venture between WebHostingPad
and its customers. Each of WebHostingPad
and its customers will be deemed
an independent contractor at all
times and will have no right or
authority to assume or create
any obligation on behalf of the
other, except as may be expressly
provided herein.
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Wherever
in this TOU the masculine, feminine,
or neuter gender is used, it will
be construed as including all
genders, and wherever the singular
is used, it will be deemed to
include the plural and vice versa,
where the context so requires.
The division of the TOU into sections/paragraphs,
and the insertion of headings/captions,
are for convenience of reference
only and will not affect the construction
or interpretation of the TOU.
Any rule of construction to the
effect that any ambiguity is to
be resolved against the drafting
party will not be applicable in
the construction or interpretation
of the TOU.
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The TOU, and/or
any other specific agreement
for WebHostingPad services,
constitutes the complete understanding
and agreement between WebHostingPad
and its customers. Except when
expressly agreed to the contrary
in signed writing by an authorized
representative of WebHostingPad,
the TOU supersedes any other
written (including digitized/computerized)
agreement, oral agreement, and/or
agreement by conduct. This TOU,
and/or any other specific agreement
for WebHostingPad services is
between WebHostingPad and its
customers only and will not
confer any rights in any third
party except as otherwise expressly
provided by WebHostingPad.
Refusal of Service
We reserve the right to refuse,
cancel or suspend service at
our sole discretion. All sub-networks,
distributive hosting sites of
webhostingpad.com must adhere
to the above policies.
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You agree that
certain services may be provided
by third party providers of
WebHostingPad and that your
use of such services may be
subject to further agreements,
policies, terms, and conditions
in addition to those contained
or referenced in this Agreement.
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