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Our
desire is to please the client. One
way is to make clear our understandings with
each other.
This
Agreement (hereinafter referred to as the
“Agreement” or “Terms of Service”)
is made between you, your organization (if
you are entering into this Agreement on
behalf of an organization), collectively
referred to herein as "you" or
"your" (and appropriate
formatives) and Etomic Companies, Inc., a
North Carolina corporation doing business as
geohosting.com (hereinafter referred to as
“GeoHosting”), and is made effective
your use of the Services. In any event, your
use of GeoHosting’s services constitutes
your unconditional acceptance of the terms
and conditions of this Agreement.
You declare your identity (including
organizational affiliation) in the
information that you provide to GeoHosting
in order to establish your account with GeoHosting
(referred to herein as "your
Account"). It is a material part of
this Agreement that you warrant that the
contact information you provide in your
Account is accurate and that you will keep
it up to date.
This
Agreement sets forth the terms and
conditions of your use of GeoHosting web
site hosting and domain name services
(“Services”) and explains GeoHosting’s
obligations to you and your obligations GeoHosting
in relation to the Services you purchase.
This
Agreement, as modified from time to time
(the latest version of which is available at
www.geohosting.com),
as well as any additional Etomic policies,
together with all modifications thereto,
constitute the complete and exclusive
agreement between you and GeoHosting
concerning your relationship with GeoHosting
and use and purchase of the Services, and
supersede and govern all prior proposals,
agreements, or other communications. All GeoHosting’s
policies and agreements are incorporated
herein and made part of this Agreement by
reference. By purchasing and using GeoHosting’s
Services, you acknowledge that you have
read, understood, and agree to be bound by
all terms and conditions of this Agreement
and any other policies or agreements made
part of this Agreement by reference, as well
as any new, different, or additional terms,
conditions or policies which GeoHosting may,
from time to time, establish.
1.
Modification
of this
Agreement.
The
terms and conditions of this Agreement may
be modified from time to time. Modifications
made to this Agreement will become effective
immediately upon posting of the revised
terms on GeoHosting’s web site (www.geohosting.com)
or your acknowledgment of the revised terms.
If, as a result of such a change, you no
longer agree with the terms of this
Agreement, you agree that your exclusive
remedy is to terminate your service and
transfer your hosting to another company or
simply request of GeoHosting that GeoHosting
cancel your Services. If you continue to use
the Services following a change in this
Agreement and/or the Services, your
continued use of the Services indicates your
consent to the changes. Any such revision or
change will be binding and effective within
10 days of when the revised Agreement or
change to the Service(s) is posted to the
website of GeoHosting, or 10 days after you
view the revised Agreement or 10 days after
notification is sent to the e-mail address
provided to GeoHosting. You agree to review
this Agreement periodically to make yourself
aware of any such revisions.
2.
Establishment
of Account.
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 that is not @ the domain(s)
under which you are requesting to be signed
up.
3.
Accruate
Information.
You
agree to maintain accurate information by
providing updates to GeoHosting, as needed,
while you are using GeoHosting ’s
Services. You agree you will notify GeoHosting
within five (5) business days when any
change 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 GeoHosting
to determine the validity of information
provided by you will constitute a material
breach of this Agreement. You agree that GeoHosting
may use and rely on any such information
provided by you for all purposes in
connection with your Services. If you
provide any information that is inaccurate,
not current, false, misleading or
incomplete, or if GeoHosting has reasonable
grounds to suspect that your information is
inaccurate, not current, false, misleading
or incomplete, GeoHosting has the absolute
right, in its sole discretion, to terminate
its Services and close your account.
4.
Account
Security.
You
agree you are entirely responsible for
maintaining the confidentiality of you r
password and account information. You agree
you are entirely responsible for any and all
activities that occur under your account.
You agree to notify GeoHosting immediately
of any unauthorized use of your account or
any other breach of security. You agree GeoHosting
will not be liable for any loss that you may
incur as a result of someone else using your
password or account, either with or without
Your knowledge. You further agree you could
be held liable for losses incurred by GeoHosting
or another party due to someone else using
your account or password. For security
purposes, you should keep account access
information in a secure location and take
precautions to prevent others from gaining
access to your user name and password. You
agree that you will be responsible for all
activity in Your account, whether initiated
by you, or by others on your behalf, or by
any other means. GeoHosting specifically
disclaims liability for any activity in your
account, whether authorized by you or not.
5.
Only
Lawful and Proper Use.
As
a condition of your use of GeoHosting ’s
Services, you agree not to use them for any
purpose that is unlawful or prohibited by
these terms and conditions, and you agree to
comply with any applicable local, state,
federal and international laws, government
rules or requirements. You agree you will
not be entitled to a refund of any fees paid
to GeoHosting if, for any reason, GeoHosting
takes corrective action with respect to your
improper or illegal use of its Services. GeoHosting
reserves the right at all times to disclose
any information as GeoHosting deems
necessary to satisfy any applicable law,
regulation, legal process or governmental
request, or to edit, refuse to post or to
remove any information or materials, in
whole or in part, in GeoHosting 's sole
discretion. If you have purchased Services, GeoHosting
has no obligation to monitor your use of the
Services. GeoHosting reserves the right to
review your use of the Services and to
cancel the Services in its sole discretion. GeoHosting
reserves the right to terminate your access
to the Services at any time, without notice,
for any reason whatsoever. GeoHosting
reserves the right to terminate Services if
your usage of the Services results in, or is
the subject of, legal action or threatened
legal action, against GeoHosting 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. GeoHosting
may review every account for excessive space
and bandwidth utilization and to terminate
or apply additional fees to those accounts
that exceed allowed levels.
6.
Content.
The
Services may
only be used for lawful purposes. This
includes, but not limited to: copyrighted
material, material we judge to be
threatening or obscene, pornography. The
customer agrees to indemnify and hold
harmless GeoHosting from any claims
resulting from the use of our services.
Examples of unacceptable material
include, but is not limited to:
GeoHosting
may also cancel your use of the Services
immediately, if you are using the Services
in association with spam or morally
objectionable activities. Morally
objectionable activities will include, but
not be limited to: activities designed to
defame, embarrass, harm, abuse, threaten,
slander, or harass third parties; activities
prohibited by the laws of the United States
and/or foreign territories in which you
conduct business; activities designed to
encourage unlawful behavior by others, such
as hate crimes, terrorism, and child
pornography; activities that are tortuous,
vulgar, obscene, invasive of the privacy of
a third party, racially, ethnically, or
otherwise objectionable; activities designed
to impersonate the identity of a third
party; illegal access to other computers or
networks (i.e., hacking); distribution of
Internet viruses or similar destructive
activities; and activities designed to harm
minors in any way. In the event GeoHosting
deletes your Services because they are being
used in association with spam or morally
objectionable activities, you will not be
entitled to a refund.
7.
Zero
Tolerance Spam Policy.
GeoHosting
takes a zero tolerance stance against
sending of unsolicited e-mail, bulk
emailing, and spam. "Safe lists"
and "double optin" will be treated
as spam. You agree GeoHosting may
immediately terminate any account which it
believes, in its sole discretion, is
transmitting or is otherwise connected with
any spam or other unsolicited bulk email and
will not be entitled to any refund. In
addition, if actual damages cannot be
reasonably calculated then you agree to pay GeoHosting
liquidated damages of $1 for each piece of
spam or unsolicited bulk email transmitted
from or otherwise connected with your
account, otherwise you agree to pay GeoHosting
's actual damages.GeoHosting
reserves the right to require changes or
disable as necessary any web site, account,
database, or other component that does not
comply with this policy, at its sole
discretion. GeoHosting also reserves the
right to make any such modifications in an
emergency at our sole discretion.GeoHosting
reserves the right to charge the holder of
the account used to send any unsolicited
e-mail a clean up fee. This cost of the
clean up fee is left entirely to the
discretion of GeoHosting. All rights
reserved.
8.
Payment
Information.
You
agree to supply appropriate payment for the
services received from GeoHosting, in
advance of the time period during which such
services are provided. You agree that until
and unless you notify GeoHosting of your
desire to cancel any or all services
received, those services will be billed on a
recurring basis.
GeoHosting
reserves the right to change the monthly
payment amount and any other charges at
anytime.
9.
Backups
and Data Loss.
Your
use of the service is at your sole risk. GeoHosting
is not responsible for files and data
residing on your account. You agree to take
full responsibility for files and data
transferred and to maintain all appropriate
back up of files and data stored on GeoHosting
servers.
10.
Cancellation
and Refunds.
GeoHosting reserves the right to
cancel the account at any time for any
reason.
Customers may cancel at any time.
You shall be entitled to a refund,
prorated for the portion of the period of
Service not yet used, only if
GeoHosting cancels this Agreement
without cause.
Notwithstanding anything to the
contrary in this Agreement, you will not be
entitled to a refund if you cancel this
Agreement or if GeoHosting cancels this
Agreement as a result of your breach or
violation of any of the terms of this
Agreement.
11.
Resource
Usage.
Users
may not initiate the following:
(a)
Use 25% or more of system resources for
longer then 90 seconds. There are numerous
activities that could cause such problems;
these include: CGI scripts, FTP, PHP, HTTP,
etc.
(b)
Run any type of interactive real-time chat
applications that require server resources.
Remotely-hosted services are fully allowed.
(c)
Run stand-alone, unattended server-side
processes at any point in time on the
server. This includes any and all daemons,
such as IRCD.
(d)
Run any software that interfaces with an IRC
(Internet Relay Chat) network.
(e)
Run any gaming servers such as
counter-strike, half-life, battlefield1492,
etc.
12.
Bandwidth
Usage.
You
are allocated a monthly bandwidth allowance.
This allowance varies depending on the
hosting package you purchase. Should your
account pass the allocated amount we reserve
the right to suspend the account until the
start of the next allocation, suspend the
account until more bandwidth is purchased at
an additional fee, suspend the account until
you upgrade to a higher level of package,
terminate the account and/or charge you an
additional fee for the overages. Unused
transfer in one month cannot be carried over
to the next month.
13.
Price
Change.
We
reserve the right to change prices on GeoHosting
swervices at any time.
14.
Indemnification.
You
agree that you shall defend, indemnify, save
and hold GeoHosting and its contractors,
agents, employees, officers, directors,
shareholders, and affiliates harmless from
any and all demands, liabilities, losses,
costs, demands, expenses, or claims,
including reasonable attorney's fees,
asserted against GeoHosting, its
contractors, agents, employees, officers,
directors, shareholders, and affiliates,
that may arise or result from any service
provided or performed or agreed to be
performed or any product sold by you or your
agents, employees or assigns or from any
liability, expenses, claim, action,
proceeding, or demand related to your
(including your agents affiliates, or anyone
using your account or services with GeoHosting
whether or not on your behalf, and whether
or not with your consent or permission) use
of the Services you purchased from GeoHosting
or your breach of this Agreement or any
agreements or policies incorporated herein.
In addition, you agree to indemnify and hold
GeoHosting and its contractors, agents,
employees, officers, directors,
shareholders, and affiliates harmless from
any loss, liability, damages or expense,
including reasonable attorneys' fees,
arising out of any breach of any
representation or warranty provided herein,
any negligence or willful misconduct by you,
or any allegation that your account
infringes a third person's copyright,
trademark, or proprietary or intellectual
property right, or misappropriates a third
person's trade secrets. This indemnification
is in addition to any indemnification
required of you elsewhere. Should GeoHosting
be notified of a pending law suit, or
receive notice of the filing of a law suit, GeoHosting
shall control the proceedings . You agree to
notify GeoHosting of any such claim promptly
in writing and to allow GeoHosting to
control the proceedings. You agree to
cooperate fully with GeoHosting during such
proceedings. You agree you will not be
entitled to a refund of any fees paid to GeoHosting
if, for any reason, GeoHosting takes
corrective action with respect to your
improper or illegal use of its services.
15.
Disclaimer
Limitation of Liability.
GeoHosting will not be
responsible for any damages your business
may suffer. GeoHosting disclaims any
warranty or merchantability or fitness for a
particular purpose. GeoHosting 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 for services GeoHosting
provides. Services are provided on an
"As Is" and "As
Available" basis. GeoHosting makes no
warranty that its services will meet your
requirements, or that the services will be
uninterrupted, timely, secure, or error
free, or that defects will be corrected. GeoHosting
does not warrant, nor make any
representations regarding the use, or
results of, any of the services it provides,
in terms of their correctness, accuracy,
reliability, or otherwise.
Under no circumstances, including, without
limitation, negligence or other tort,
principles, principles of contract,
warranty, breach of any statutory duty,
principles of indemnity or contribution, the
failure of any limited or exclusive remedy
to achieve its essential purpose or
otherwise, shall GeoHosting be liable to you
for any indirect, special, consequential,
incidental or exemplary damages including,
without limitation, to damages for lost
profits, loss of use, lost of data, errors,
defects, phone bills, communication lines
bills, loss of privacy, damages to third
party,
and
any and all service interruptions whether or
not caused by GeoHosting and its employees
,even if GeoHosting has been advised of the
possibility of such damages. If the
foregoing is no effective for any reason to
limit liability of GeoHosting, then, under
no circumstances, shall GeoHosting
be liable in an amount greater than the fees
received by Etomic for performing the
specific transaction(s) that gave rise to
the liability. GeoHosting's aggregate
liability for all claims of any sort shall
not exceed the aggregate amount received by GeoHosting
from you over the term of this Reseller
Agreement. GeoHostingshall not be liable for
any unauthorized access to, or any
corruption, erasure, theft, destruction,
alteration, or inadvertent disclosure of
data, information, or content transmitted,
received, or stored on its or any 3rd party
systems.
16.
Governing
Law; Venue; Waiver of Trial by Jury.
This
Agreement and any disputes regarding its
interpretation and enforcement shall be
governed by the laws of the
State of
Florida
, as if this Agreement were a contract
wholly entered into and wholly performed
within the State of
Florida
. Any action to enforce this Agreement or
any matter relating to your use of Etomic's
or Etomic's subsidiaries' services shall be
brought exclusively in a state court in
Osceola County, Florida, or if there is no
jurisdiction in such court, then in the
United States District Court in Orlando,
Florida. You consent to the exclusive
personal and subject matter jurisdiction of
such courts and agree that exclusive venue
therein is proper.
You
agree to waive the right to trial by jury in
any proceeding that
takes place
relating to or arising out of this
Agreement.
17.
Notices.
You
agree that all notices from GeoHosting to
you may be posted on GeoHosting’s web
site. Notices concerning breach will be sent
either to the email or postal address you
have on file with GeoHosting. In either
case, delivery shall be deemed to have been
made five (5) days after the date sent.
You shall send notices to GeoHosting
either by email or sent to the address
provided on the GeoHosting Web site.
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