Use of 77hosting.com Service constitutes acceptance and agreement to 77hosting.com's Terms as well as 77hosting.com's AUP (Acceptable Use Policy).
Where the context admits: "We" includes 77hosting.com or any party acting on
77hosting.com's implicit instructions. "You" includes the person purchasing the services or any party acting on
that person's instructions. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement.
By using our services you agree to be bound by our terms and conditions below:
1. Web Site Hosting And Email
1.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
1 .2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
1 .3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
1 .4 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.
1.5 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offense or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
1.6 you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
1.7 you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
1.8 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez or illegal MP3 content (i.e. you may only upload MP3's if you own the copyright).
1.9 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
1.10 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other
customers.
1.11 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
1.12 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
1.13 Any access to other networks connected to 77hosting.com
must comply with the rules appropriate for those other networks.
1.14 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
1.15 Users that abuse the network, such as mass unsolicited email (spam), illegal content, fraud, payment invasion, will have their name, website address, details of the abuse and ip number posted on our "name and shame" forum to aid other hosts and our resellers in refusing you future accounts. Under all circumstances we will inform your ISP of your actions and if necessary legal and police departments. We will not tolerate any abuse of our network and abuse will be punished to the fullest extent allowable under law.
1.16 In relation to clause 1.15, we have the right to charge a $150
fine for each abuse case and the abuser will be liable for any costs incurred by ourselves, our
customers or any other company / business linked to us.
1.17 If you abuse the network or we receive a complaint about your account we will investigate this and we have the right to suspend the account if your actions could have a negative effect on our business or any other business connected to us. In extreme cases we may terminate your account and end our business relationship with you immediately. In such circumstances a refund will not be paid. Attempts to recover any monies paid in abuse situations will result in legal proceedings against you to the fullest extent allowable under law.
2. Affiliates
2.1 We reserve the right to remove an affiliate account if it is found that the said affiliate has conducted any of the following activities: the sending of unsolicited email (aka spam/spamming), bulk off-topic advertising / posting to newsgroups, performed an action that could or has damaged our business reputation, or the reputation of any companies / businesses connected with
77hosting.com.
2.2 We reserve the right to increase / decrease commissions and percentages to our affiliates at any time without reason, and to remove the affiliate scheme altogether at any time.
2.3 Affiliates commission is calculated in $US (US DOLLARS)
2.4 Affiliates will receive their commission when they have built up a balance of $100
or more. When this amount is reached, their cheque will be posted to them on the 1st of the month.
2.5 If a commission cheque is returned due to incorrect postage details then any additional bank / admin charges will be deducted from the affiliates commission before it is resent to a corrected address.
2.6 Customers that find our services from the internet via an affiliate link or search engine may not sign up after joining the affiliate program and purchasing via their own affiliate link.
3.Web Site Hosting Service Availability
3.1 We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
3.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
3.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this subclause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
3.4 Uptime guarantees do not include downtime required to upgrade / service hardware or problems caused by your equipment or 3rd parties, for example but not limited to, your ISP (internet service provider).
4. Payments
4.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
4.2 Payment is due each month or year until closure notice is given. If you choose to pay by credit or debit card you authorize
77hosting.com's credit card / debit card processing (PayPal) to debit your account renewal fees from your card.
4.3 All payments must be in $US (US dollars).
4.4 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
4. 5 Orders submitted using free email accounts may be subject to a telephone call to confirm the order prior to the account being set up.
4.6 From time to time security checks are performed and new
customers may be telephoned prior to any service commencing.
4.7 If unpaid monies are owned to us for one or more services we reserve the right to suspend / terminate all services you hold within the
77hosting.com network and it's sister websites.
5. Web Site Hosting Termination
5.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.4 Refunds will be given at the discretion of the Company Management including refunding of upfront yearly fees
5.5 We reserve the right to suspend the Services and/or terminate this Agreement / your account at any time with no notice or reason.
5.6 You may cancel the Services at any time. Canceling payments
to us on monthly paid plans will result in the immediate suspension of the service(s). For annually paid plans the account will be suspended at the end of the 12 month period. Partial refunds will only be given on annual plans.
5.7 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
5.8 When an account termination request is received it will only be actioned if it contains enough proof that we know it came from the authorized account holder. Such information required is: account number, username, password.
5.9 When a valid account termination request is received it will be terminated immediately. We do not accept termination requests that request closure at a future date.
5.10 Accounts closed in error by the You will not be reopened unless we receive new payment equivalent to one months service which must then be cancelled by the
You at the correct time of closure.
5.11. Service Cancellation:
6. You Website; ECommerce; You Warranties.
6.1 You shall be solely responsible for the development,
operation and maintenance of your website, online store and
ecommerce activities, for all products and services offered
by you or appearing online and for all contents and
materials appearing online or on your products, including,
without limitation (i) the accuracy and appropriateness of
the content and material appearing in its store or on its
products, (ii) ensuring that the content and materials
appearing in its store or on its products do not violate or
infringe upon the rights of any person, and (iii) ensuring
that the content and materials appearing in its store or on
its products are not defamatory or otherwise illegal. You
shall be solely responsible for accepting, processing and
filling your orders and for handling You inquiries or
complaints. You shall be solely responsible for the payment
or satisfaction of any and all taxes associated with its
website and online store.
6.2 You shall be responsible for the security and
confidentiality of any customer information (including,
without limitation, You credit card numbers) that you may
receive as a result of its website or online store.
6.3 You are responsible for keeping a copy of their most current
web site files as backup on a remote system (not on
77hosting servers). 77hosting is not responsible for any
lost files, information, or data. 77hosting does not provide
any file retrieval services.
6.4You understands that system updates occur in real-time and
as queued batch processes. For example, account passwords
are currently updated as queued batch processes, therefore
the update does not occur in the system instantaneously.
77hosting reserves the right to modify the processing times
at any time without notice. If a client or 77hosting support
personnel (when authorized by client) makes any
modifications to a hosting account, the client is
responsible to make sure these updates have occurred in our
system.
7. Resellers
7.1 Resellers may cancel their account at anytime.
7.2 Additional reseller resources are only available in units, as per our website.
7.3 The reseller will be responsible for their customers and must ensure that their
customers do not break any parts of our terms and conditions.
7.4 If a resellers customer is found to be sending small amounts of unsolicited email (aka spam) the reseller must warn the
customers that if this is repeated their account will be terminated. If a reseller allows such actions to continue, we have the right to remove the resellers account.
7.5 We have the right to suspend / terminate any website, including resellers,
if website is mass spamming and abuse occurs.
7.6 If a reseller fails to pays for any reseller unit we reserve the right to suspend the resellers account and stop their
customers from using our resources.
7.7 We will not be held liable for the actions of our resellers.
7.8 Resellers must act in a professional business manner at all times.
7.9 A reseller may sell their customers to us at a price we set.
7.10 Resellers must not create web hosting packages that contain features that we do not offer, however resellers may offer hosting packages from other providers with additional / different features than those we offer.
7.11 Resellers must make their customers aware of our terms and conditions and our privacy policy, however they do not have to disclose that we are their service provider.
7.12 When an account termination request is received it will only be actioned if it contains enough proof that we know it came from the authorized account holder. Such information required is: account number, username, password.
7.13 When an account termination request is received it will be terminated immediately. We do not accept termination requests that request closure at a future date.
7.14 Accounts closed in error by the You will not be reopened unless we receive new payment equivalent to one months service which must then be cancelled by the
customer at the correct time of closure.
7.15 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
7.16 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
7.17 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
7.18 Refunds will be given at the discretion of the Company Management including refunding of upfront yearly fees
7.19 We reserve the right to suspend the Services and/or terminate this Agreement / your account at any time with no notice or reason.
7.20 You may cancel the Services at any time. Canceling payments
to us on monthly paid plans will result in the immediate suspension of the
service(s). For annually paid plans the account will be suspended at the end of the 12 month period. Partial refunds will only be given on annual plans.
7.21 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
Turn Key Resellers
7.22 During the term of your
agreement, 77hosting.com grants to you a terminable at will
an exclusive license to use and display your assigned
website and domain name, all solely for your web hosting commercial use.
You may not transfer, assign, sub-license, lend, or re-sell
the rights granted under this license.
7.23 The website and the domain name is the personal property of 77hosting.com.
7.24 Accessing the website after being terminated shall
constitute an act of trespass.
7.25 The website and all materials
published therein, including but not limited to articles,
graphical images, interactive applications, audio clips, and
video clips (collectively, the "Content"), are
protected by copyright and are owned by 77hosting.com or its
licensors. You may not modify the Content or re-publish,
re-transmit, or otherwise distribute directly or via links
any Content to any third person.
7.26 Any use in violation of these
limits shall constitute a violation of the terms of this
license.
8. Adult Website Hosting
8.1 We do not under any circumstances allow adult content.
9. Secure Certificates
9.1 Secure certificate fees are non refundable
9.2 We require proof of authority to use the domain name for which the certificate is applied for, and proof of identity before we will issue your certificate. Proof must be faxed to us via the fax numbers on our website.
9.3 For business application we may also require proof of business trading.
9.4 The certificate is for a 12 month period only. You may renew your certificate before it expires for continuous service.
9.5 If the renewal payment is not received at the end of the 12 month service period your certificate will be suspended.
10. Dedicated servers
10.1. Term: Ongoing until thirty days written
notice is given by either of the parties.
10.2. Fees:
10.3. Adherence to Acceptable Use Policy (AUP):
10.4.
Ownership of Data, Software, Hardware and IP addresses:
All software, hardware and IP addresses provided by 77hosting are leased to the
Subscriber and remain the property of 77hosting. 77hosting reserves the right to
change any network infrastructure, software, hardware and IP addresses at its
sole discretion.
Subscriber will provide and transmit to the system software, data and content to
be uploaded to the servers and accessed by the general public via the Internet.
Upon termination of this agreement, Subscriber agrees to remove all uploaded
software, data and content prior to the termination date of the contract. 77hosting
will not be responsible for providing access or copies of the software, data or
content stored on the system after the final termination date.
10.5. Service Levels:
A. 77hosting may interrupt service to perform maintenance. 77hosting will use
its best efforts to inform Subscriber before interrupting service to insure that
access loss is minimized. In the event of equipment malfunction or failure, 77hosting
will provide its best efforts to repair the system as quickly as possible.
B. Subscriber is responsible for maintaining security patches and performing
back-ups unless those services are specifically contracted to 77hosting. In the
event that 77hosting suspects that server security has been breached, 77hosting
reserves the right to disable the server in order to facilitate investigation
and recovery in coordination with Subscriber.
C. Subscriber agrees that 77hosting shall not be responsible for any service
interruptions.
10.6. Requirements for using Microsoft software:
A. Subscribers with more than five authenticated users of the Microsoft Windows
Server Operating Systems are required to lease an authenticated license from 77hosting.
B. Subscriber may not change the 77hosting administration account password without first providing the new password to 77hosting. Subscriber agrees to facilitate 77hosting's need to demonstrate to Microsoft appropriate licensing and utilization of Microsoft software.
C. Subscriber cannot remove, or obscure any copyright, trademark or proprietary rights notices that appear on the Microsoft software products or that appear during use of Microsoft software products.
D. Subscriber cannot reverse engineer, decompile or disassemble the Microsoft Software Products.
E. Microsoft does not provide a warranty to the product or have any liability for damages that arise from the use of Microsoft software products provided by 77hosting.
F. Microsoft does not provide product support.
11. Credit / Debit Card Chargebacks
11.1 If a services have been used and the You requests their bank to recall the payments made (sometimes called a chargeback) then legal action will be taken against the
You to recover such payments in all circumstances.
11.2 All actions of fraud are automatically reported to the police and dealt with according to our fraud policy as detailed on our website without exception.
11.3 Any cases of underage porn on our servers will automatically be reported to the police and we will work with such bodies to ensure that legal action is taken against you. We will never tolerate such actions.
12. Disclaimer of Warranty.
12.1 You agree to use all
Services and any information obtained through or from 77hosting,
at your own risk. You acknowledges and agrees that 77hosting
exercises no control over, and accepts no responsibility
for, the content of the information passing through 77hosting's
host computers, network hubs and points of presence or the
Internet.
12.2 THE SERVICES PROVIDED
UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE
BASIS. NONE OF 77hosting, ITS PARENT, SUBSIDIARY OR
AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES,
AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS,
MERCHANTS, LICENSORS OR THE LIKE (EACH, A "77hosting
PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY
EQUIPMENT 77hosting PROVIDES. NO 77hosting PERSON MAKES ANY
WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR
ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR
AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR
PROVIDED THROUGH THE SERVICES. 77hosting IS NOT LIABLE, AND
EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY
DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY
CUSTOMER OR ANY OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED
BY 77hosting. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY
ANY 77hosting PERSON, WILL CREATE A WARRANTY; NOR MAY YOU
RELY ON ANY SUCH INFORMATION OR ADVICE.
12.3 The terms of this section shall survive any
termination of this Agreement.
13. Indemnification.
You agrees to indemnify, defend and hold harmless 77hosting
and its parent, subsidiary and affiliated companies, and
each of their respective officers, directors, employees,
shareholders and agents (each an "indemnified
party" and, collectively, "indemnified
parties") from and against any and all claims, damages,
losses, liabilities, suits, actions, demands, proceedings
(whether legal or administrative), and expenses (including,
but not limited to, reasonable attorney's fees) threatened,
asserted, or filed by a third party against any of the
indemnified parties arising out of or relating to (i) your
use of the Services, (ii) any violation of the Usage Policy,
(iii) any breach of any representation, warranty or covenant
contained in this Agreement or (iv) any acts or omissions by
You. The terms of this section shall survive any termination
of this Agreement.
14. Limitation of Liability.
14.1 You agrees that no 77hosting Person, under any
circumstances, shall be held responsible or liable for
situations where the Services are accessed by third parties
through illegal or illicit means, including situations where
such data is accessed through the exploitation of security
gaps, weaknesses or flaws (whether known or unknown to 77hosting
at the time) which may exist in the Services or 77hosting's
equipment used to provide the Services.
14.2 Under no circumstances, including negligence, shall any 77hosting
Person be liable for any indirect, incidental, special,
consequential or punitive damages, or loss of profits,
revenue, data or use by You, any of your customers, any
Reseller customers or any other third party, whether in an
action in contract or tort or strict liability or other
legal theory, even if 77hosting has been advised of the
possibility of such damages. No 77hosting Person shall be
liable to You, any of your customers, any Reseller customers
or any other third party, for any loss or damages that
result or are alleged to have resulted from the use of or
inability to use the Services, or that results from
mistakes, omissions, interruptions, deletion of files, loss
of data, errors, viruses, defects, delays in operations, or
transmission or any failure of performance, whether or not
limited to acts of God, communications failure, theft,
destruction or unauthorized access to 77hosting's records,
programs, equipment or services.
14.3 Notwithstanding anything to the contrary in this Agreement, 77hosting's
maximum liability under this Agreement for all damages,
losses, costs and causes of actions from any and all claims
(whether in contract, tort, including negligence,
quasi-contract, statutory or otherwise) shall not exceed the
actual dollar amount paid by You for the Services which gave
rise to such damages, losses and causes of actions during
the 12-month period prior to the date the damage or loss
occurred or the cause of action arose.
14.4 This limitation of liability reflects an informed, voluntary
allocation between the parties of the risks (known and
unknown) that may exist in connection with this Agreement.
The terms of this section shall survive any termination of
this Agreement.
15. Force Majeure.
77hosting shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
16. Law
16.1 This Agreement shall be governed by and construed in accordance with
the Illinois law and you hereby submit to the non-exclusive jurisdiction of the
Illinois courts.
17. Headings
17.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
18. This Agreement
18.1. By performing any transactions on this web site you agree to these terms and conditions, our acceptable use policy (AUP),
and also agree to make any person(s) who use our services aware of our terms and conditions.