TERMS
AND CONDITIONS
1. Term
and Payment for Services
2. Use of Services
3. Enforcement
4. Intellectual Property Rights
5. Warranty; Warranty Disclaimer
6. Limitation and Exclusion of Liability
7. Indemnification
8. Miscellaneous
@llhostes.
("@llhostes") is the leading comprehensive hosting solutions.
This Services Agreement ("Agreement") governs your purchase
and use, in any manner, of all services provided by @llhostes
and any of its affiliates (the "Services"). You must accept
the terms of this Agreement in order to use the Services.
NOTWITHSTANDING,
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
CONTAINED HERE AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED
BY REFERENCE.
@llhostes reserves the right to change or modify any of
the terms and conditions contained in this Agreement, any
Addendums and any policy or guideline incorporated by reference
at any time and from time to time in its sole discretion,
and to determine whether and when any such changes apply
to both existing or future customers. Any changes or modification
will be effective upon posting of the revisions on the @llhostes
Web site (the "Site"). Your continued use of Services following
@llhostes's posting of any changes or modifications will
constitute your acceptance of such changes or modifications.
1.
Term and Payment for Services
1.1. Term
This
Agreement shall be for an "Initial Term" as chosen by you
in the Order Form located on this Site at the time you register
for the Services. "Initial" is defined when the user use
the service and when the user has pay its fee. This Agreement
will be automatically renewed (the "Renewal Term") at the
end of the Initial Term for the same period as the Initial
Term unless you provide @llhostes with notice of termination
thirty (30) days prior to the end of the Initial Term or
the Renewal Term. You must provide @llhostes with your notice
of termination by clicking on the "Cancel Service" button
located on the Site or as otherwise provided by this Agreement.
Upon clicking on the "Cancel Service" button, you will be
asked to provide @llhostes with sufficient customer identification
information so that @llhostes may properly identify you
and your account. Any notice of termination will be effective
following thirty (30) days after @llhostes's receipt thereof.
Once customer makes purchase they are entitled to the service.
@llhostes Network will deliver its services at the fullest
extent
1.2. Termination
Policy If you terminate your receipt of the Services prior
to the end of the Initial Term or the Renewal Term, whichever
is then applicable, (a) @llhostes will refund to you any
fees paid in advance of such termination. @llhostes.com
reserves the right to cancel a customers service at any
time. If cancellation is caused by customers violation of
these policies, then refund will be pro rated for the unused
days in a given month. Your termination request or notice
must be submitted to @llhostes in the manner described in
Section 1.1. @llhostes may terminate this Agreement at any
time and for any reason by providing to you written notice
thirty (30) days prior to the date of termination.
1.3 Default and Cure
In the event that either party hereto defaults in the performance
of any of its material duties or obligations under this
Agreement, including failure to make any payments due under
this Agreement, and such default is not cured within five
(5) days after written notice is given to the defaulting
party specifying the default, then the party not in default,
after given written notice thereof to the defaulting party,
may terminate this Agreement.
1.4. Charges
You agree to pay for all charges attributable to your use
of the Services at the then current @llhostes prices, which
shall be exclusive of any applicable taxes. You are responsible
for the payment of all federal, state, and local sales,
use, value added, excise, duty and any other taxes assessed
with respect to the Services, other than taxes based on
@llhostes's net income.
1.5. Payment
All accounts are paid first. Once payment is receive account
is activated. Each payment is due 30 days from the day paid.
Customer will be notified 10 days via email prior to the
due date. Failure to payment will cause termination of the
account. Reactivation of the account is 5.00 dollars. Money
order must arrive on time. No exceptions. All charges for
Services must be paid in advance according to the then current
prices applicable to the Services. Upon entering this Agreement,
you must choose to pay either by direct charge to a credit
or debit card, or receive an invoice and submit subsequent
payment. If you choose to pay by credit or debit card upon
registering for the Services, you thereby authorize @llhostes
to charge your credit or debit card to pay for any charges
that may apply to your account. You must notify @llhostes
of any changes to your card account (including, without
limitation, applicable account number or cancellation or
expiration of the account), your billing address, or any
information that may prohibit @llhostes from charging your
account. If you choose to be invoiced upon registration
for Services, @llhostes will invoice you for the Services
applicable to the period for which you have registered for
the Services. You agree to pay to @llhostes the amount indicated
in each invoice by the due date reflected on that invoice.
If you fail to pay any fees and taxes by the applicable
due date for credit card or invoice payments, late charges
then the account will be terminated
1.6. Refund Policy
Refund Policy Customer has seven days to do a "trial version"
with our package. In these seven days period the customer
has the right to cancel or demand a full refund if they
are not satisfy with the service. However, after exceeding
this seven day period the customer will not be entitled
to a full refund and they will be billed until a cancellation
is incited. However, customers are entitled to a pro rate
refund for any unused days in a given month. This refund
policy applies to only @llhostes Network Web hosting Services.
2.
Use of Services
2.1. Applicable Use Policy
The @llhostes Acceptable Use Policy (the "Usage Policy")
govern the general policies and procedures for use of the
Services. The Usage Policy is posted on @llhostes's Web
site (or such other location as @llhostes may specify) and
may be updated from time-to-time. YOU SHOULD CAREFULLY READ
THE USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE
BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS.
@llhostes RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR
ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT. 2.2.
Material and Product Requirements
Unless we have agreed otherwise in a separate agreement,
you must ensure that all material and data placed on @llhostes's
equipment is in a condition that is "server-ready," which
is in a form requiring no additional manipulation by @llhostes.
@llhostes will make no effort to validate any of this information
for content, correctness or usability. If your material
is not "server-ready", @llhostes has the option at any time
to reject this material. @llhostes will notify you of its
refusal of the material and afford you the opportunity to
amend or modify the material to satisfy the needs and/or
requirements of @llhostes. Use of the Services requires
a certain level of knowledge in the use of Internet languages,
protocols and software. This level of knowledge varies depending
on the anticipated use and desired content of your Web site.
You must have the necessary knowledge to create and maintain
a Web site. It is not @llhostes's responsibility to provide
this knowledge or customer support outside of the Services
agreed to by you and @llhostes.
2.3. Bandwidth and Storage Usage
You agree that use of the Services under this Agreement
will not exceed the bandwidth and storage usage limits set
out. If you use any bandwidth or storage space in excess
of the agreed upon number of megabytes per month, you agree
to pay the associated additional charges.
3. Enforcement
3.1. Investigation of Violations
@llhostes may investigate any reported or suspected violation
of this Agreement, its policies or any complaints and take
any action that it deems appropriate and reasonable under
the circumstance to protect its systems, facilities, customers
and/or third parties. @llhostes will not access or review
the contents of any e-mail or similar stored electronic
communications except as required or permitted by applicable
law or legal process.
3.2. Actions
@llhostes reserves the right and has absolute discretion
to restrict or remove from its servers any content that
violates this Agreement or related policies or guidelines,
or is otherwise objectionable or potentially infringing
on any third party's rights or potentially in violation
of any laws. If we become aware of any possible violation
by you of this Agreement, any related policies or guidelines,
third party rights or laws, @llhostes may immediately take
corrective action, including, but not limited to, (a) issuing
warnings, (b) suspending or terminating the Service, (c)
restricting or prohibiting any and all uses of content hosted
on @llhostes's systems, and/or (d) disabling or removing
any hypertext links to third party Web sites, any of your
content distributed or made available for distribution via
the Services, or other content not supplied by @llhostes
which, in @llhostes's sole discretion, may violate or infringe
any law or third-party rights or which otherwise exposes
or potentially exposes @llhostes to civil or criminal liability
or public ridicule. It is @llhostes's policy to terminate
repeat infringers. @llhostes's right to take corrective
action, however, does not obligate us to monitor or exert
editorial control over the information made available for
distribution via the Services. If @llhostes takes corrective
action due to such possible violation, @llhostes shall not
be obligated to refund to you any fees paid in advance of
such corrective action. 3.3. Disclosure Rights To comply
with applicable laws and lawful governmental requests, to
protect @llhostes's systems and customers, or to ensure
the integrity and operation of @llhostes's business and
systems, @llhostes may access and disclose any information
it considers necessary or appropriate, including, without
limitation, user profile information (i.e., name, e-mail
address, etc.), IP addressing and traffic information, usage
history, and content residing on @llhostes's servers and
systems. @llhostes also reserves the right to report any
activity that it suspects violates any law or regulation
to appropriate law enforcement officials, regulators, or
other appropriate third parties.
4.
Intellectual Property Rights
4.1. Your License Grant to @llhostes
You hereby grant to @llhostes a non-exclusive, worldwide,
and royalty-free license for the Initial Term and any Renewal
Term to use your content as necessary for the purposes of
rendering and operating the Services to you under this Agreement.
You expressly (a) grant to @llhostes a license to cache
materials distributed or made available for distribution
via the Services, including content supplied by third parties,
and (b) agree that such caching is not an infringement of
any of your intellectual property rights or any third party's
intellectual property rights.
4.2. @llhostes Materials and Intellectual Property
All materials, including but not limited to any computer
software (in object code and source code form), data or
information developed or provided by @llhostes or its suppliers
or agents pursuant to this Agreement, and any know-how,
methodologies, equipment, or processes used by @llhostes
to provide the Services to you, including, without limitation,
all copyrights, trademarks, patents, trade secrets and other
proprietary rights are and will remain the sole and exclusive
property of @llhostes or its suppliers, including but not
limited to any software programs, inventions, products and/or
technology innovations and methodologies utilized, developed,
or disclosed by @llhostes during the term of this Agreement.
Unauthorized copying, reverse engineering, decompiling,
and creating derivative works based on the any such software
is expressly forbidden except as permitted in this Agreement.
You may be held legally responsible for violation of any
patent rights, copyright or trade secret rights that is
caused or encouraged by failure to abide by the terms of
this Agreement.
4.3. Trademarks
You hereby grant to @llhostes a limited right to use your
trademarks, if any, for the limited purpose of permitting
@llhostes to fulfill its duties under this Agreement. This
is not a trademark license and no other rights relating
to the trademarks are granted by this Agreement. Specifically,
but without limitation, the rights granted by this Agreement
do not include the right to sublicense use of your trademarks
or to use your trademarks with any other products or services
outside the scope of the Services provided under this Agreement.
The limited trademark use rights granted under this section
terminate upon termination of this Agreement.
5.
Warranty; Warranty
Disclaimer
5.1. Customer and/or Third Party Acts
@llhostes is not responsible in any manner for any nonconforming
Services to the extent caused by you or your customers.
In addition, @llhostes is not responsible for loss or corruption
of data in transmission, or for failure to send or receive
data due to events beyond @llhostes's reasonable control.
5.2. No Express or Implied Warranty
ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY @llhostes
UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY FACT OR LAW, WHATSOEVER. YOU ACKNOWLEDGE
AND AGREE THAT @llhostes EXERCISES NO CONTROL OVER, AND
ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION
PASSING THROUGH @llhostes'S COMPUTERS, NETWORK HUBS AND
POINTS OF PRESENCE, OR THE INTERNET. @llhostes DOES NOT
WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY
WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET
OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER
THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY
AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION,
ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS.
EXCEPT AS EXPRESSLY PROVIDED THIS AGREEMENT, @llhostes DOES
NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL
RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING
BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY,
AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE
SECRET OR TRADEMARK INFRINGEMENT.
5.3 Your Warranties and Representations to @llhostes
You warrant, represent, and covenant to @llhostes that (a)
you are at least eighteen (18) years of age or are a duly
organized and validly existing entity; (b) you possess the
legal right and ability to enter into this Agreement; (c)
you will use the Services only for lawful purposes and in
accordance with this Agreement and all applicable policies
and guidelines; (d) you will be financially responsible
for the use of your account; (e) you have acquired or will
acquire all authorization(s) necessary for hypertext links
to third-party Web sites or other content; (f) you have
verified or will verify the accuracy of materials distributed
or made available for distribution via the Services, including,
without limitation, your content, descriptive claims, warranties,
guarantees, nature of business, and address where business
is conducted, and (g) your content and/or any software that
you install or provide does not and will not infringe or
violate any right of any third party (including any intellectual
property rights) or violate any applicable law, regulation
or ordinance.
6. Limitation and Exclusion of Liability
6.1. Limitations
ON EVENT SHALL @llhostes HAVE ANY LIABILITY WHATSOEVER FOR
DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION
OF INFORMATION PROVIDED TO @llhostes, DISTRIBUTED OR MADE
AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. @llhostes SHALL
HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR
CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE
DAMAGES EVEN IF @llhostes HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. ANY EVENT, THE LIABILITY OF @llhostes TO
YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE
LIMITED TO THE AMOUNT ACTUALLY PAID TO @llhostes BY YOU
UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY
PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION
APPLIES TO ALL CAUSES OF ACTION THE AGGREGATE, INCLUDING,
WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER
TORTS. THE FEES FOR THE SERVICES SET BY @llhostes UNDER
THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON
THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE
@llhostes FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND
CLAIM EXCESS OF THE LIMITATION STATED IN THIS SECTION
6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH
STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED
BY LAW.
6.2. Interruption of Service
You hereby acknowledge and agree that @llhostes will not
be liable for any temporary delay, outages or interruptions
of the Services. Further, @llhostes shall not be liable
for any delay or failure to perform its obligations under
this Agreement, where such delay or failure results from
any act of God or other cause beyond its reasonable control
(including, without limitation, any mechanical, electronic,
packet loss, server crashes, communications or third-party
supplier failure).
6.3. Maintenance
You hereby acknowledge and agree that @llhostes reserves
the right to temporarily suspend services for the purposes
of maintaining, repairing, or upgrading its systems and
network. @llhostes will use best efforts to notify you of
pending maintenance however at no time is under any obligation
to inform you of such maintenance.
7. Indemnification
You will defend, indemnify and hold harmless @llhostes and
its officers, directors, shareholders, employees, consultants,
agents, affiliates and suppliers (an "Indemnities") from
any and all threatened or actual claims, demands, causes
of action, suits, proceedings (formal or informal), losses,
damages, fines, penalties, liabilities, costs and expenses
of any nature, including attorneys' fees and court costs,
sustained or incurred by or asserted against any Indemnities
by any person, firm, corporation, governmental authority,
partnership or other entity by reason of or arising out
of or relating to:
(i) your violation or breach of any term, condition, representation
or warranty of this Agreement or any applicable policy or
guideline;
(ii) your conduct, including but not limited to your negligence,
gross negligence, or willful misconduct;
(iii) your use of the Services, including any improper or
illegal uses;
(iv) any claim by a former employee of yours whose employment
has been or may be terminated in connection with or as a
result of the execution of this Agreement and performance
of the Services by @llhostes; or
(v) any claim relating to your services or products, or
your installation and/or use of any third-party software,
including but not limited to advertising, product liability
claims or infringement of any trademark, copyright, patent,
trade secrets or non-proprietary right of a third party
(including, without limitation, defamation, libel, or violation
of privacy or publicity).
8. Miscellaneous
8.1 Confidentiality
The parties each agree that all Confidential Information
(as defined below) communicated to it by the other is done
so in confidence and will be used only for the purposes
of this Agreement and will not be used to compete with the
other party or disclosed to any third party without the
prior written consent of the other party except as permitted
under this Agreement. "Confidential Information" means all
information in any form, including, without limitation,
printed or verbal communications and information stored
in printed, optical or electromagnetic format, which relates
to the Services; or computer, data processing or electronic
commerce programs and software; electronic data processing
applications, routines, subroutines, techniques or systems;
information which incorporates or is based upon proprietary
information of either party; or information concerning business
or financial affairs, product pricing, financial conditions
or strategies, marketing, technical systems of either party;
or any information concerning customers or vendors of either
party; or any data exchange between a party and any customers
or vendors. Exceptions to Confidential Information include
(1) information in the public domain; (2) information developed
independently by a party without reference to information
disclosed under this Agreement; or (3) information received
from a third party without restriction and/or breach of
this or a similar Agreement. It is not a violation of this
provision to disclose Confidential Information in compliance
with any legal, accounting or regulatory requirement beyond
the control of either Party or, but in such case, prior
to disclosure, the disclosing Party shall give written notice
to the other Party to permit that Party an opportunity to
challenge such disclosure. If either Party is subpoenaed,
such Party shall give written notice to the other Party
to permit that Party an opportunity to challenge the disclosure
of Confidential Information. Upon the termination of this
Agreement and upon written request of the disclosing Party,
each Party shall promptly return all Confidential Information
of the other Party. This provision shall survive the termination
of this Agreement for two (2) years.
8.2. Notices
All notices, reports, requests, or other communications
given pursuant to this Agreement shall be made in writing,
shall be delivered by hand delivery, overnight courier service,
fax, or electronic mail, shall be deemed to have been duly
given when delivered.
8.3. Choice of Law and Forum
THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE UNITED
KINGDOM, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF
LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT
THE STATE COURTS LOCATED LONDON, AND YOU IRREVOCABLY CONSENT
TO THE JURISDICTION SUCH COURTS.
8.4. Entire Agreement
This Agreement and all policies and guidelines incorporated
in this Agreement by reference constitutes the entire Agreement
of the parties and may not be modified or altered orally
but only by an agreement in writing signed by both parties.
8.5. No Fiduciary Relationship; No Third-Party Beneficiaries
@llhostes is not the agent, fiduciary, trustee or other
representative of you. Nothing expressed or mentioned in
or implied from this Agreement is intended or shall be construed
to give to any person other than the parties hereto any
legal or equitable right, remedy or claim under or in respect
to this Agreement. This Agreement and all of the representations,
warranties, covenants, conditions and provisions hereof
are intended to be and are for the sole and exclusive benefit
of the parties hereto.
8.6. Assignments
You may not transfer or assign your rights, duties, or obligations
under this Agreement without @llhostes's prior written consent.
@llhostes may assign its rights and obligations under this
Agreement and may utilize affiliate and/or agents in performing
its duties and exercising its rights under this Agreement,
without your consent. Subject to that restriction, this
Agreement will be binding on, inure to the benefit of, and
be enforceable against the parties and their respective
successors and assignees.
8.7. No Waiver
@llhostes's failure to enforce the strict performance of
any provision of this Agreement will not constitute a waiver
of @llhostes's right to subsequently enforce such provision
or any other provisions under this Agreement.
8.8. Severability
If any provision of this Agreement is deemed illegal, invalid,
void or otherwise unenforceable in whole or in part, that
provision shall be severed or shall be enforced only to
the extent legally permitted, and the remainder of the provision
and the Agreement shall remain in full force and effect.
If any provision of this Agreement is deemed to be invalid,
void or unenforceable only with respect to a particular
application, such term or provision shall remain in full
force and effect with respect to all other applications.
8.9. Survival
All provisions of this Agreement relating to your warranties,
intellectual property rights, limitation and exclusion of
liability, your indemnification obligations and payment
obligations shall survive the termination or expiration
of this Agreement.
8.10. Modification
@llhostes reserves the right to add, delete, or modify any
provision of its Terms and Condition, Acceptable Usage Policy
at any time without notice.
Privacy
Policy
Privacy
for our customers is extremely important to allhostes.com.
We strongly believe in individual's rights to privacy and
that personal information is not a commodity and should
not be treated as one. At all times, we will never share
your personal information with any third parties without
your permission. Your email addresses are not for sale or
trade and are strictly guarded. All client information such
as email, phone numbers, addresses, etc is used only for
internal purposes. This contact information is used to get
in touch with you when necessary and for announcements.
Financial information is only collected and used by a 3rd
party payment processor.