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USER AGREEMENT

TERMS AND CONDITIONS OF USE
HostingandBlogs.com provides weblogs and web page hosting.  HostingandBlogs.com has certain legal and ethical responsibilities consistent with the use of its servers and equipment involved in these services.

HostingandBlogs.com general policy is to act as a provider of Internet presence.  HostingandBlogs.com has specific ethical concerns regarding the use of its computers detailed below.  HostingandBlogs.com reserves the right to suspend or cancel a customer's access to any or all services provided by HostingandBlogs.com when we decided that the account has been inappropriately used.

This page may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Information on this web site may contain technical inaccuracies or typographical errors.  Information may be changed or updated without notice.  HostingandBlogs.com may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

HostingandBlogs.com does not want to receive confidential or proprietary information from you through our web site.  Please note that any information or material sent to HostingandBlogs.com will be deemed NOT to be confidential.  By sending HostingandBlogs.com any information or material, you grant HostingandBlogs.com an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that HostingandBlogs.com is free to use any ideas, concepts, how-to, or techniques that you send us for any purpose.  However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we ask your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

HostingandBlogs.com makes no representations whatsoever about any other web site which you may access through this one.  When you access a non- HostingandBlogs.com web site, please understand that it is independent from HostingandBlogs.com and that HostingandBlogs.com has no control over the content on that web site.  In addition, a link to a non- HostingandBlogs.com web site does not mean that HostingandBlogs.com endorses or accepts any responsibility for the content, or the use, of such web site.  It is up to you to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, trojans, and other items of a destructive nature.

IN NO EVENT SHALL HOSTINGANDBLOGS.COM BE LIABLE TO ANY PARTY OR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SERVER ABUSE
Any attempt to undermine or cause harm to a server or customer of HostingandBlogs.com is strictly prohibited.  

HostingandBlogs.com will strongly react to any use, or attempted use, of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet scamming", phishing, password robbery, and security hole scanning.

Any unauthorized use of accounts or computers by a HostingandBlogs.com customer, whether or not the attacked account or computer belongs to HostingandBlogs.com will result in action against the offender.  Possible actions include warnings, account suspension or revocation, and civil or criminal legal action, depending on the seriousness of the offense.

UNSOLICITED EMAIL (SPAM)
Unsolicited commercial advertisements are not allowed in email, and will likely result in account cancellation.  Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists.  Inappropriate posting may result in account cancellation.  See the newsgroup or mail list's charter to determine whether advertising is allowed.  Sending a message, especially an advertisement, to more than five (5) or six (6) recipients, is by definition spamming, unless the individuals have specifically requested to be added to a mailing list on that topic.  Email is a person-to-person medium, not a broadcast medium.  No refunds will be issued if a customer's account is terminated for spam.

ABUSE OF SMTP MAILSERVER
We do not allow customers to send email attachments in excess of 10Mb (megabytes), or to send email messages to more than 100 recipients in a single SMTP session.  Any attempt to circumvent or bypass these limits will be construed as a security violation and could result in the termination of the customer's account.

IRC
HostingandBlogs.com does not currently allow the use of IRC bots to be operated on any server owned or maintained by HostingandBlogs.com.

PAYMENT POLICIES
All accounts are setup on a pre-pay basis.  Setup fees and major account change fees are nonrefundable.  All pricing is guaranteed for the term of prepayment.  HostingandBlogs.com reserves the right to change prices at any time, unless other terms have been agreed upon.  Any account not brought current within one week (7 days) of an email notice, or exceeding this time frame in any way, is subject to suspension.  The customer is responsible for all monies owed on the account from the time it was established to the time that the customer notifies HostingandBlogs.com in writing, requesting termination of services.  Monthly service charges are not prorated at cancellation; full month fees paid in advance will be refunded, partial month fee's will not.  All payment is in US currency.

CANCELLATION
HostingandBlogs.com reserves the right to cancel service at any time.  Monthly service charges are not prorated at cancellation; full month fees paid in advance will be refunded, partial month fees will not.  Any violation of policies which results in extra costs will be billed to the customer.

LAWFUL PURPOSE
HostingandBlogs.com reserves the right to refuse service to anyone for any reason at any time.  Customers may only use HostingandBlogs.com services for lawful purpose.  Transmission of any material in violation of any federal, state, or local regulation is strictly prohibited.  This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets.  The designation of any materials as described above is left entirely to the discretion of HostingandBlogs.com management.  Regardless of the place of signing of this agreement, the customer agrees that for purposes of venue, this contract was entered into in Eau Claire County, Wisconsin, and any dispute will be litigated or arbitrated in Eau Claire County, Wisconsin.

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save, and hold HostingandBlogs.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HostingandBlogs.com its agents, customers, officers and employees, that may arise or result from any service provided, 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 HostingandBlogs.com against liabilities arising out of: (1) any injury to person or property caused by products sold or otherwise distributed in connection with HostingandBlogs.com services; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to customer from an HostingandBlogs.com server.

DISCLAIMER
HostingandBlogs.com will not be responsible for any damages any business entity may suffer.  HostingandBlogs.com makes no warranties of any kind, expressed or implied, for services HostingandBlogs.com provides.  HostingandBlogs.com disclaims any warranty or merchantability or fitness for a particular purpose.  This includes the loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by HostingandBlogs.com or its employees.  HostingandBlogs.com reserves the right to revise its policy at any time without advance notice.

FOR FURTHER INFORMATION
If you require further information regarding our terms and conditions, please feel free to contact us by emailing admin@hostingandblogs.com.

 

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