Terms of Service and Acceptable use policies of condohood.com.
All customers of condohood.com.com agree to be governed by the policies set forth herein.
Use of the services of condohood.com constitues acceptance of all Terms of Service.
WHEREAS, condohood.com is an information provider connected to the Internet condohood.com offers storage and transfer services over the Internet through access to its Web Server space;
WHEREAS, Customer seeks to utilize condohood.com web server space for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, condohood.com can make no guarantee that any given reader shall be able to access condohood.com web server space at any given time.
condohood.com represents that it shall make every good faith effort to ensure that its web server space is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
FINANCIAL ARRANGEMENTS
Customer accounts are billable in 6 month increments twice a year, beginning upon commencement of service.
At the end of the contract term, the contract will automatically renew for successive six month periods, indefinitely until canceled in writing.
Domain registrations are not refundable under any circumstances.
Violations of condohood.com's Terms of Service or Spam Policy may, at condohood.com's discretion, result in immediate termination of service without refund.
TAXES
condohood.com shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or condohood.com web server space. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Customer will provide condohood.com with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of condohood.com. condohood.com shall make no effort to validate this information for content, correctness or usability. Customer agrees that it is not the responsibility of condohood.com to provide knowledge or Customer Support outside of the defined service of condohood.com.
condohood.com will exercise no control whatsoever over the content of the information passing through the network.
condohood.com makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. condohood.com also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of condohood.com is at the Customer's own risk, and condohood.com specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. condohood.com expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
The customer agrees to make use of condohood.com web server space primarily for the purpose of hosting a website, and associated email functions. Servers are shared with other customers, and as such IRC-related activities, BitTorrent software, or severely CPU intensive CGI scripts are not permitted. IRC bots and bouncers as well as BitTorrent software specifically may not be run on any condohood.com web server, and if your processes are adversely affecting server performance disproportionately condohood.com reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.
condohood.com specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
In the event that the customer’s material is not "Server-ready", condohood.com may, at its option and at any time, reject this material, including but not limited to after it has been put on condohood.com web server space. condohood.com agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of condohood.com. If the Customer fails to modify the material, as directed by condohood.com, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
TRADEMARKS & COPYRIGHTS
Customer warrants that it has the right to use the applicable trademarks, if any. Customer warrants that it will not post copyrighted material for which it does not have the explicit rights to do so.
HARDWARE, EQUIPMENT, & SOFTWARE
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access condohood.com service.
condohood.com makes no representations, warranties or assurances that the Customer's equipment will be compatible with the condohood.com service.
AGE
The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.
INTERNET ETIQUETTE
Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of condohood.com may not be used to impersonate another person or misrepresent authorization to act on behalf of others or condohood.com. All messages transmitted via condohood.com should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning of either condohood.com servers or external computers and Denial of Service attacks of any kind.
TERMINATION
This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. condohood.com will accept termination by electronic mail. Notwithstanding the above, condohood.com may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. condohood.com reserves the right to charge a reinstatement fee.
LIMITED LIABILITY
Customer expressly agrees that use of condohood.com's server space is at Customer's sole risk. Neither condohood.com, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that condohood.com's service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through condohood.com service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall condohood.com, its officers, agents or anyone else involved in creating, producing or distributing condohood.com's service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use condohood.com service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to condohood.com's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on condohood.com's services.
Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
LAWFUL PURPOSE
Customer may only use condohood.com's Server for lawful purpose. Transmission of any material in violation of any Provincial, Municipal, Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information or material on condohood.com's services for the purpose of illegal distribution or infringement.
Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use condohood.com's services for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at condohood.com. Any complaint received about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold condohood.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against condohood.com, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or 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 condohood.com against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with condohood.com's services; any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement; any defective product which Customer sold on condohood.com services.
CONTRACT REVISIONS
Revisions to this Contract will be applicable to previous Contracts and will take effect immediately without notice.
TRANSFER
Customer may not transfer this contract without the written consent of condohood.com.
CONTRACT
These Terms and Conditions constitute the entire Contract and understanding of the parties.