SERVICE CONTRACT / TERMS & CONDITIONS
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The terms below are an important part of the service contract
between you and MetroHost.Com. Once you apply for our service, you have to agree to this
terms and conditions or your order will not be processed. The following words used in
context of the Service Contract are defined as follows:
"Provider" - MetroHost.Com
"Client" - The person or entity who is applying for Web Hosting services.
The Provider agrees to provide, and Client agrees to receive, access
to the Web hosting services according to the following terms and conditions:
1. Client will use the Web hosting package and all other provided
services in a manner consistent with any and all applicable laws of the States of
California and New York, and the US Federal Government. Client authorizes Provider to
charge all fees due to the submitted credit card.
2. Provider reserves the right, in its sole discretion, to
deactivate the Client's Web hosting account(s) without further warning upon an indication
of credit problems including delinquent payments, or if this service contract is violated,
or if Client's account or the traffic on this account causes any kind of network or server
problem/disturbances. Client is not allowed to resell web space and provider reserves the
right to disable an account or some of its files or directories if client violates this
3. THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS
AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE WEB
HOSTING PACKAGES AND ALL OTHER SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY
OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY
EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY
PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.
4. Provider is not responsible for any damages arising from Client's
use of Provider or by Client's inability to use the Web Hosting packages and any other
services for any reason.
5. 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.
6. CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL
SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR
INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF
OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE
DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD
HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.
7. CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL
SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN
ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE WEB HOSTING PRODUCT(S). ABUSIVE AND
UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO PORNOGRAPHY, FULL FRONTAL
NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, HACKING, WAREZ, MP3s, AND ANY HARASSING
AND HARMFUL MATERIALS OR USES. CLIENT HER EBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE
PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE
MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN
ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE HOST
SERVER(S). PROVIDER MAY CHARGE A $50 DEACTIVATION FEE IF CLIENTS VIOLATION LEADS TO AN
ACCOUNT DEACTIVATION OR SUSPENSION.
8. Due to the public nature of the Internet, all information should
be considered publicly accessible, and important or private information should be treated
carefully. Provider is not liable for protection or privacy of electronic mail or other
information transferred through the Internet or any other network provider or its
customers may utilize.
9. Use of distribution lists via unsolicited electronic mail or
other mass electronic mailings (UCE) is strictly prohibited. Provider reserves the right
to deactivate the Client's ICP virtual server or Web hosting account(s) upon an indication
of such activity without further notice. Client hereby agrees to indemnify and hold
harmless the provider from any claim resulting from the Client's or another party's use of
electronic mail service(s) on the Client's Web Hosting account(s). Provider reserves the
right to charge a $50 deactivation fee if client's violation of provider's anti-spamming
policy leads to an account deactivation or suspension.
10. In the event it is necessary to refer any dispute to an
attorney, a collection agency, or resolve it in a court of law, the prevailing party will
be entitled to an award of reasonable attorney's fees, collection fees, and all costs
associated with any legal action, whether or not a suit shall actually be filed. Place
where the contract is signed and fulfilled shall be New York City, New York, United States
11. Client acknowledges that there is NO cooling-off period! All
orders, sales, rents, time-frames, and terms are final. Once the service is ordered (i.e.
by clicking the order button of the online order form) there are no refunds if the service
contract is canceled by client before the regular expiration date / anniversary date. All
hosting contracts are automatically renewed for another term unless a written/email notice
of cancellation has been given by either party at least two weeks in advance of the
renewal date / anniversary date. If no correct notice of cancellation is given, all
contracts will automatically renewed for another term under the same conditions. If a
credit card payment is declined by the client's bank or if the rent is not paid on time
provider will charge a US $15.00 late fee per billing cycle and a US $25 fee for each
payment-related suspension. If client disputes justified charges by provider on his credit
card, provider has the right to charge a $25 administration fee in addition to the regular
suspension charge and immediately discontinue service.
12. Provider maintains control and any ownership of any and all I.P.
numbers and addresses that may be assigned to Client and reserves in its sole discretion
the right to change or remove any and all IP numbers and addresses. Client shall keep the
right to use the domain name even if client changes providers.