Terms

 

HOMEBODY HOSTING WEB HOSTING AGREEMENT (Donwload: Service Agreement PDF)

THIS WEB SPACE RENTAL AGREEMENT (“Agreement”) is hereby entered into between HomeBodyHosting.com and ___________________________ (Customer) on the following terms and conditions:

The HomeBodyHosting.com Web Space Rental Service (the “Service”) consists of services provided to allow the Customer to offer content on the Internet. These services include space on HomeBodyHosting.com’s Internet server to store HTML and related multimedia documents and files, the ability to maintain these pages through FTP (“File Transfer Protocol”) accounts, and Email accounts. The terms and conditions of this agreement and any rules and prices published on HomeBodyHosting.com’s Web Site (http://www. HomeBodyHosting.com) constitute the entire and only agreement (collectively, the” Service Agreement”) between HomeBodyHosting.com and the Customer (hereby defined as one who has an account with HomeBodyHosting.com for the Service, including Customer’s designated users with respect to the Service) and supersede all other communications and agreements with regard to the subject matter hereof.

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an Email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary Email address on file will be used for this purpose. It is your responsibility to ensure the Email address on file is current or up to date at all times. If you have a domain name registered with HomeBodyHosting, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. HomeBodyHosting is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via Email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.  Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

Customer agrees to indemnify HomeBodyHosting.com against any liability for any and all use of Customer’s account. Furthermore, Customer agrees that it will protect, indemnify, save and hold HomeBodyHosting.com harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against HomeBodyHosting.com, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it’s customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold HomeBodyHosting.com harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with HomeBodyHosting.com’s Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a Customer from HomeBodyHosting.com’s Services.

While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client’s files residing on Provider. Client is solely responsible for independent backup of data stored on Providers server and network. If Provider needs and is able to restore client’s files due to a file lost provider is not responsible for, provider may charge an additional fee for this service.

Customer is responsible for and must provide all telephone and other equipment and services necessary to maintain customer’s account remotely through one FTP account.

CUSTOMER EXPRESSLY AGREES THAT USE OF HOMEBODYHOSTING.COM’S SERVICE IS AT CUSTOMER’S SOLE RISK.NEITHER HOMEBODYHOSTING.COM NOR ANY OF ITS INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES HOMEBODYHOSTING.COM OR ANY OF ITS INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT. NEITHER HOMEBODYHOSTING.COM, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICE.

This Service Agreement is made in Delaware, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Delaware. Any cause of action of customer or its designated users with respect to the Service Agreement must be instituted within one year after the claim or cause of action has arisen or be barred. Copyrighted material must not be placed on Customer’s account without the permission of the owner(s) or person(s) they specifically authorize. Only the Owner(s) or such authorized person(s) may upload copyrighted material to the account. Use of illegal or copyright material on any web page or other distribution mechanism used in conjunction with the Customer’s account, will result in termination of this Service Agreement. Illegal material is defined as any material not permitted under United States local, state or federal laws. If “illegal material” was submitted by a client of the Customer without Customer’s knowledge, this Service Agreement will remain in effect if the Customer removes the “illegal material.” Customer agrees not to publish on or over its account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.

All services provided by HomeBodyHosting.com’s may only be used for lawful purposes. The laws of the State of Delaware, the State of Texas, and the United States of America apply. The customer agrees to indemnify and hold harmless HomeBodyHosting.com’s from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please Email abuse@homebodyhosting.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation. User-Supplied Content: All services may be used for lawful purposes only. Through HomeBodyHosting.com’s Service, you may have access to Chat Areas, Bulletin Boards, Web Pages, Email, or other Services that enable you to send or post materials (“content”) and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local Law. You are solely responsible for the content you make accessible through the HomeBodyHosting.com Network. You may not use the Service to assist any other person or entity to violate any Federal, State, or Local Laws, Ordinances or Regulations. HomeBodyHosting.com is not obligated to monitor the Network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, HomeBodyHosting.com has the right, but not the obligation, to edit, remove or deny access to such content. HomeBodyHosting.com may disclose any content or records concerning Customer’s account as required to satisfy any Law, Regulation, Governmental Request or Court Order. Pornography and sex-related merchandising are prohibited on all HomeBodyHosting.com Servers. This includes Sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for Sites that promote any illegal activity or content that may be damaging to HomeBodyHosting.com’s Servers or any other Server on the Internet. Links to such materials are also prohibited. In addition, any Site Selling or promoting Bulk Email Service is not allowed.

Below are some examples of non-acceptable content or links

Adult Sites – Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.

Pirated Software (Warez) – Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files(MP3).

Copyright Violations – Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.

Hacking/Phreaking – Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet Sites or Providers.

Examples of unacceptable material on all Shared and Reseller servers include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Any use of HomeBodyHosting.com’s systems that disrupts the normal use of the system for other HomeBodyHosting.com customers is considered to be abuse of HomeBodyHosting.com services and is grounds for termination of this Service Agreement. Some more examples of abuse include spawning dozens of processes, consuming large amounts of memory or CPU cycles for long periods of time, attempting to access other Customers’ account areas, or conducting provocative activities such as mass Emailings which may result in retaliatory actions against HomeBodyHosting.com’ systems.

Depending upon the nature and severity of any abuses, the Customer may receive an E-mail warning detailing the nature of the abuse. If the abuse of services is not terminated within two (2) days, a certified letter will be sent to the customer formally requesting termination of the stated abuse. Customer then must terminate stated abuse within two (2) days, otherwise the Service Agreement will be terminated. Any reconnection of a terminated account will require a reconnection fee.

lf, in HomeBodyHosting.com’s sole discretion, the nature and severity of any abuses is severe enough, HomeBodyHosting.com may terminate the Service Agreement immediately without written notification.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Upon notice provided in written form to the Customer, HomeBodyHosting.com may modify this Service Agreement or prices, and may discontinue or revise any or all aspects of the Service in its sole discretion without prior notice. Written or e-mail notice must be provided within no fewer than 15 days of any change to this Service Agreement or prices.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.  HomeBody Hosting services, including all related equipment, networks and network devices are provided only for authorized customer use. HomeBody Hosting systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of HomeBody Hosting system(s) constitutes consent to monitoring for these purposes. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. HomeBodyHosting.com may, at its discretion, request and require documentation to prove access to a third party network or system is authorized, We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to Email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/Email and will have a response within 48 hours. Sites hosted on HomeBodyHosting.com’s service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. HomeBodyHosting.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question. The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like HomeBodyHosting.com and many of HomeBodyHosting.com’s other web hosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, HomeBodyHosting.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under HomeBodyHosting.com’s web hosting service(s). If in doubt regarding the acceptability of your site or service, please contact us at abuse@HomeBodyHosting.com and we will be happy to assist you.

Customer shall pay the monthly Maintenance Fee, and any charge for additional services under the terms of this Service Agreement, within thirty (30) days of invoice. Invoice may be sent by Email or by letter. Customer may not withhold or “setoff” any amounts due hereunder. HomeBodyHosting.com retains the right to withhold service without prejudice until all amounts determined delinquent are paid in full. Any late payment shall be subject to any costs of collection (including but not limited to legal fees).

Accounts which are delinquent by more than 45 days will be placed on “administrative hold” and may not be used. An account which is delinquent for 60 days will have their files archived. Any account that is delinquent for 90 days will have all files purged from all HomeBodyHosting.com servers. Customer’s account will continue to accrue charges while on “administrative hold.”Any Customer whose services are terminated or suspended will be asked to pay a reconnection fee to restart the account. There will be a $25.00 service charge for each returned check. Legal notices sent to either party shall be effective when delivered by mail, transmitted by telecopier (“fax”) machine, one (I) day after being sent by overnight mail or “fax”, or two (2) days after being sent by first class mail postage prepaid.

HomeBodyHosting.com acknowledges and agrees that in the course of dealings with Customer, it may acquire information about Customer, its business activities and operations, its technical information and trade secrets, of a highly confidential and proprietary nature. HomeBodyHosting.com agrees that title to all such information and related materials shall remain with the Customer. All applicable copyrights, trade secrets, patents and other intellectual and property rights in such information and related material are and remain in the property of the Customer. All other aspects of the information and related material, including without limitation, technologies, procedures, programs, methods of processing, all source code, conversions, enhancements, databases, templates, specific design and structure of individual programs and their interaction and unique programming techniques employed therein as well as screen formats shall remain the sole and exclusive property of the Customer and shall not in any way be sold, revealed, disclosed or otherwise communicated, directly of indirectly, by HomeBodyHosting.com to any person, company or institution whatsoever other than for the purposes set forth herein. It is expressly understood that no title to or Ownership of such information or any part thereof is hereby transferred to HomeBodyHosting.com.

Any customer lists and/or other information concerning the Customer’s clients are the sole and exclusive property of the Customer. HomeBodyHosting.com shall not for any reason whatsoever, directly or indirectly, solicit the trade business of any of the clients or prospective clients of the Customer with respect to any of the services, products, trade secrets or other matters of the Customer. In addition to maintaining confidentiality of all matters as imposed herein above, HomeBodyHosting.com agrees to keep in the strictest of confidence any information acquired by HomeBodyHosting.com during the course of its dealings with the Customer about any of the Customer’s clients, including but not limited to contents of related databases, credit and credit card information.

Nothing contained herein shall be construed to place the parties (Customer and HomeBodyHosting.com ) in a relationship of partners, agents or joint ventures. Neither party shall represent itself as the agent or legal representative of the other party for any purpose whatsoever and shall have no power to obligate or bind the other party in any manner whatsoever. If any clause herein shall be found to contravene any law or ordinance in whole or in part, it shall be severed from the Agreement. The balance of the Agreement shall continue in full force and effect.

Network Security: Customers may not use the HomeBodyHosting.com 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. HomeBodyHosting.com 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.

Server Resources: 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 an option of either upgrading their service level or reducing the resource used to an acceptable level

Background Running Programs: Background Daemons in general are prohibited. HomeBodyHosting.com will consider requests on a Per Application Basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance. HomeBodyHosting.com currently prohibits its Customers from operating IRC or IRC Bots on any of the Servers in the HomeBodyHosting.com Network.

Commercial Advertising/ Mass Mailings: You must not use the HomeBodyHosting.com Network, HomeBodyHosting.com Equipment or any HomeBodyHosting.com 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 HomeBodyHosting.com Network, HomeBodyHosting.com Equipment or any HomeBodyHosting.com 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, HomeBodyHosting.com reserves the right to disable your Domain. In addition, HomeBodyHosting.com may impose a $100 penalty for each spam policy violation. HomeBodyHosting.com solely reserves the right to refuse or cancel service to known spammers. Lastly, HomeBodyHosting.com reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Refusal of Service: HomeBodyHosting.com reserves the right at its sole discretion to refuse or cancel service. Violation of any of HomeBodyHosting.com Rules and Regulations could result in a Warning, Suspension, or possible Account Termination. Accounts terminated due to policy violations will not be refunded.

Service Cancellation: Customer retains the right to cancel use of HomeBodyHosting.com Service within fifteen (15) days. After this 15 day period, all web hosting fees are non-refundable. To authenticate a cancellation request, you must fill out the On-line Cancellation Form located on the HomeBodyHosting.com Web Site. If submitting this form online is not possible, you may Email the cancellation notice to cancel@HomeBodyHosting.com. You must include your Account Email Address, Account Name, Account Password, reason for cancellation, and the Domain on which you want to cancel the hosting. We cannot accept cancellation requests over the phone for security reasons.

Disclaimer: HomeBodyHosting.com will not be responsible for any damages your business may suffer. Bower Web Solutions Inc. makes no warranties of any kind, expressed or implied for services we provide. HomeBodyHosting.com 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 HomeBodyHosting.com and its employees. HomeBodyHosting.com reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation. HomeBodyHosting.com furthermore expects that its Customers who provide Internet services to others will fully comply with all applicable laws concerning the Privacy of On-line Communications. A Customer’s failure to comply with those laws will violate this policy. Finally, HomeBodyHosting.com wishes to emphasize that in accepting services, Customers indemnify HomeBodyHosting.com for the violation of any law or HomeBodyHosting.com policy, that results in loss to HomeBodyHosting.com or the bringing of any claim against Bower Web Solutions Inc. This means that if HomeBodyHosting.com is sued because of activities of the Customer that violate any law, or this policy, the Customer will pay any damages awarded against Bower Web Solutions Inc, plus costs and reasonable attorneys’ fees.

Privacy Policy: HomeBodyHosting.com insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used “solely” by Bower Web Solutions Inc, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the Subscriber. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the Subscriber; with exception as required by Law, Regulation or Governmental Authority

Each party (Customer and Homebodyhosting.com) to this agreement represents that it has all necessary rights and authority to enter into the terms of the Agreement and is in compliance with all federal, state and local laws governing this transaction.

IN WITNESS WHEREOF, and intending to be legally bound, the parties hereto have entered into agreement to be executed by their duly authorized representatives.

 

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