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SENDING DATA AND/OR PUBLISHING INFORMATION TO YOUR WEBSERVER BY ANY MEANS INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO USE OF YOUR WEBSERVER. THIS LICENSE AGREEMENT IS SUBJECT TO CHANGE WITHOUT NOTICE, AND THE CURRENT TERMS OF THE LICENSE ARE THOSE PUBLISHED HEREWITH. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT PUBLISH ANY INFORMATION TO YOUR WEBSERVER, NOR ALLOW OTHERS TO PUBLISH INFORMATION ON YOUR BEHALF.

PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THIS AGREEMENT OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

This User Agreement (the 'Agreement') governs the terms of the use by the Client of services offered by HostSP.com. ('Provider').

HostSP.com, hereafter referred to as HostSP will host a Virtual Web Server Internet account for the client hereafter referred to as the Account Holder for the domain name agreed.

The undersigned Account Holder agrees to abide by the following provisions of this service contract and agrees to abide by any additional provisions notified to him/her or posted on the web site by HostSP, covering this agreement and/or any future services added to this agreement. If the Account Holder refuses to accept any future provisions, he/she will have the option to cancel all services and receive a pro-rated refund of any moneys pre-paid for this agreement. The pro-rated amount will be calculated after the normal monthly cost for the service has been deducted from any amounts pre-paid by the Account Holder.

The client agrees to receive access to the Virtual Server services according to the following terms and conditions:

  1. The client will select a service plan offered by HostSP, and agree to receive services according to the plan selected until such time either party terminates the agreement.
    The client will pay for services provided under this Agreement by Credit Card authorization. When initiating service, the client will be charged the published set-up fee for the service plan selected. If the client has selected a monthly billing plan HostSP may also deduct a pro rated partial month charge according to the service plan for the number of days remaining in the calendar month from the time of initiation of service until the end of that month.
  2. HostSP reserves the right to increase prices at any time. Renewal of service will be subject to future price increases. Failure to pay future price increases will be grounds to terminate service.
  3. The Account Holder is responsible for the security of his/her password. HostSP will not change passwords to any account without verification of identity that is satisfactory to them. Such verification may include written requests with signature.
    In the event of any partnership break-up, divorce or other legal problems that include the Account Holder, it must be understood that HostSP will remain neutral and reserves the right to put the account on hold, until the situation has been resolved. Under no circumstances will HostSP be liable for any losses incurred by the Account Holder during this time of determination of rightful ownership.
  4. The Provider may terminate this Agreement at any time without prior notice and without cause. If either party is in default under this Agreement (including non-payment), then the non-defaulting party may also immediately terminate the Agreement without prior notice to the other party.
  5. The client agrees to give 30 days notice to terminate this agreement. If the client does not terminate the agreement within 30 days of the server renewal date HostSP will continue server provision and invoice the clients for the renewal premium. If payment is still not received within 14 days HostSP may terminate the client’s service.
  6. The Virtual Web Server Internet account and related electronic services can only be used for legal purposes under all international, federal, state and local laws. Violations of this or any other provision of this agreement can result in a 30 day notice to terminate service or an immediate termination of service depending upon the severity of the violation. HostSP has the right to refuse service if the content of information provided is deemed illegal, misleading or obscene in the opinion of HostSP.
  7. The Account Holder agrees to follow generally accepted “Netiquette” when sending email messages or posting newsgroup messages.
  8. The Provider is not responsible for Client's files residing on Provider's servers. Client is solely responsible for independent backup of data stored on Provider's servers.
  9. The Account Holder understands this service is provided on a shared server. This means that one website cannot overwhelm the server with heavy CPU usage from highly active CGI scripts or chat scripts. (A shared server will never be as powerful as owning your own dedicated equipment.) If your website overwhelms the server and causes complaints from the other users, you will have outgrown the realm of a shared server and you will need to re-locate your website. HostSP will refund any moneys paid for unused time of service remaining.
  10. If at any time, the Account Holder breaches any part of this contract and HostSP has to engage the services of a lawyer the Account Holder will pay any and all of HostSP’s reasonable legal fees and court costs. The Account Holder’s rights and privileges cannot be sold or transferred without the written consent and approval of HostSP in advance.
  11. The client shall not knowingly or unknowingly submit to the Provider for publication any of the following material (including pictures, links, or any other content):
    (a) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
    (b) any material that is libellous or slanderous;
    (c) any material which is or contains anything obscene or pornographic; or
    (d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to: mass-newsgroup postings, SPAM and unsolicited email sent from your server, or any other service on the Internet, which contains your domain name or any other domain name on our network;
    (e) Any abuse of shell account privileges including but not limited to:
    Use of any program/script/command, or sending messages of any kind, designed to interfere with a users terminal session, via any means, locally or by the Internet.
    Attempts to circumvent the idle daemon or time charges accounting, or attempts to run programs while not logged in by any method.
    Repeated running of CPU-intensive user-compiled programs, which negatively impact on other system users.
    Running eggdrop or any other IRC bot which is connected to a remote IRC server
    Any violation of the above conditions will result in termination of the client's account.
    Due to the public nature of the Internet, all material submitted by the client for publication will be considered publicly accessible. The Provider does not screen in advance the client's material submitted to the Provider for publication. The Provider's publication of material submitted by the client does not create any express or implied approval by the Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.


    12.
  12. THE PROVIDER'S SERVICE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS.
    THE PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF THE PROVIDER HAS BEEN ADVISED BY THE CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF THE PROVIDER'S SERVICE TO THE CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, THE PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY THE CLIENT TO THE PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OR MALFUNCTION.
  13. The 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.
  14. The Provider does not represent or warrant to the client that the client will receive continual and uninterrupted service during the term of this Agreement. In no event shall the Provider be liable to the client for any damages resulting from or related to any failure or delay of the Provider to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond the Provider's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.
  15. The client agrees to defend, indemnify and hold the Provider harmless from and against any and all claims, losses, liabilities and expenses (including legal fees) related to or arising out of the services provided by the Provider to the client under this Agreement, including without limitation claims made by third parties (including customers of the client) related to any false advertising claims, liability claims for products or services sold by the client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by the client for publication by the Provider, but excluding those related to the negligence of the Provider.
  16. If the client acts as a 'reseller' of the services provided by the Provider to the client hereunder, with the client providing similar services to its customers, then all the terms of this Agreement shall provide to the resale. Without limiting the foregoing, the client's obligations shall apply to any and all claims made against the client and/or the Provider which arise out of the resale of the Provider's services.
  17. This Agreement will be governed by the laws of England & Wales as applied to transactions taking place wholly within England between United Kingdom residents.
  18. The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.
  19. If any national, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by the Provider to the client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then the Provider may pass the direct amount of such cost on to the client, and the client shall promptly repay such cost.
  20. Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
  21. The Account Holder agrees not to harm HostSP, its reputation, computer systems, programming and/or other Account Holders using HostSP’s services. HostSP reserves the right to select the computer for the Account Holder’s website for best performance. If the Account Holder breaches this agreement, then HostSP has the right to terminate service without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless both HostSP and other Account Holders from any and all claims and/or cost resulting from the Account Holder’s use or abuse of the service in any manner.
  22. The Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
  23. This contract represents the complete understanding between the parties. If the Account Holder sells or resells advertising or webspace to a third party then the Account Holder will be responsible for the content of that advertising and the actions of that third party.
  24. HostSP has the right to reject any offensive or illegal content. If the Account Holder refuses to remove any content requested to be removed by HostSP, HostSP can terminate its services. HostSP will use its best efforts to maintain a full time, 24 hour Internet presence for the Account Holder.
  25. Sometimes the network can be down and other types of utility or power interruptions, or equipment failures can occur and these situations are outside of HostSP’s control. The Account Holder agrees that this may or may not occur and the Account Holder will hold HostSP, it’s employees, owners, officers, and contractors, free and harmless from any damages incurred and any event or any type of loss resulting from any reason whatsoever.
  26. HostSP’s total liability under all circumstances will never exceed the amount paid by the Account Holder for the duration of this agreement. Pre-paid amounts cannot be refunded by HostSP in the event the Account Holder stops using this service.
  27. The Account Holder agrees to fully abide by all said terms, conditions, rules, regulations described above
ICANN Policy
gTLD Contract (.com, .net, .org)

.uk Contract (.co.uk and .org.uk)
Nominet Exhibit A
Nominet Terms and Conditions

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