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Terms of Service and Acceptable Usage

     

 

You are responsible for abiding by the rules set forth in the paragraphs below. Any violation of the terms set forth below may, at Serverphase.com sole option, result in immediate suspension and/or termination of all services currently being provided.

As a Web Hosting Provider ("WHP"), we offer our customers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. We also want our customers to be fully informed of their rights and obligations-and ours-in connection with their use of the Internet.

The fundamental fact about the Internet is that no one-neither us, nor anyone else-owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When customers obtain information through the Internet, they must keep in mind that we cannot monitor, verify, warrant or vouch for the accuracy and quality of the information that customers may acquire. For this reason, the customer must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because we cannot monitor and censor the Internet, and will not attempt to do so, we cannot accept any responsibility for injury to our customers that results from inaccurate, unsuitable or offensive Internet communications.

When customers disseminate information through the Internet, they also must keep in mind that we do not review, edit, censor or take responsibility for any information our customers may create. This places on customers what will be, for most, an unfamiliar responsibility. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information they create is carried over our facilities and may reach a large number of people, including both customers and non-customers of ours, customers' postings to the Internet may affect other customers and may harm our goodwill business reputation and operations. For these reasons, customers violate our Terms of Service when they, their affiliates or subsidiaries engage in the following activities:

Adult Sites/Unacceptable Content – Pornography and pornographic related merchandising are prohibited under all Serverphase.com, Inc. services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, "hacker" programs, archives of "Warez Sites", game rooms or MUDs, IRC Bots, Egg Drop programs, any kind of illegal software or shareware. In addition, sites offering online gambling, casino functionality, sportsbook betting (including offshore), and Internet lotteries are prohibited.  Copyright Violation – Engaging in activity that infringes or misappropriate the Intellectual Property rights of third parties, including copyrights, trademarks, service marks, trade secrets, software piracy and patents and other similar rights held by third parties shall result in termination of all "subscribers" privileges on the "Serverphase.com" system.

How to claim a copyright infringement:

Pursuant to 17 U.S.C. 512(c) (2), all notifications of claimed copyright infringement on the "Serverphase.com" system or Web sites should be sent to our Network Administrator at copyright@serverphase.com and shall include the following information:

A: A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf.

B: Identification of the copyrighted work(s) claimed to have been infringed.

C: Identification of the material claimed to infringe the copyright(s), reasonably sufficient to enable "Serverphase.com, Inc." to locate the material in order to remove the material or disable access.

D: Information reasonably sufficient to allow "Serverphase.com, Inc." to contact the complaining party (including name, address, phone number, and e-mail address)

E: Statement that the complaining Claimant has a "good faith belief that use of the material in the manner complained of is not authorized by the copyright (holder), its agent or the law."

F: Statement that the information in the notice is accurate, and under PENALTY OF PERJURY, that the complaining party is authorized to act on behalf of the copyright owner.

NOTE; UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY Serverphase.com, INC., OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OR A MISREPRESENTATION. IN ADDITION, YOU MAY ALSO BE SUBJECT TO CRIMINAL CHARGES FOR PERJURY, IN ACCORDANCE WITH APPLICABLE LAW. Serverphase.com, INC. PROSECUTES TO THE FULL EXTENT ALLOWABLE BY LAW.

Customer Support – Serverphase.com, Inc. promotes a mutually professional relationship with its customers. Obscene, abusive, threatening or otherwise harassing communications with agents of Serverphase.com, via telephone, e-mail, online chat or other means will result in immediate account termination notwithstanding any other Terms of Service. Violation of this provision will result in refund ineligibility Defamation -- Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the WHP whose facilities were used to distribute the defamatory material.Distribution and/or Transmission of Obscene or Indecent Speech or Materials -- Violation of indecency and obscenity laws can result in criminal penalties. Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities -- Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law.

DNS Transfers – By registering a domain name through Serverphase.com, Inc., the Customer is establishing a relationship with Tucows, Inc. separate from the Company and this Agreement. Serverphase.com, Inc. is the domain name hosting business. All customer accounts are setup with the understanding that the Customer will transfer authoritative DNS control of the domain hosted with us, i.e., Serverphase.com, Inc. requires the Customer to update the domain name registration of any domain hosted to the appropriate nameservers. Serverphase.com, Inc. does not provide extended access to its network through non-authoritative DNS means for any purpose other than initial account setup. Third-level domains are provided for thirty (30) days after account creation and may not be used as a primary means to access to an assigned web space

Export Control Violations -- The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States.

Illegal/Unauthorized Access to Other Computers or Networks -- The illegal or unauthorized accessing (often known as "hacking" of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states.

Image Repository -- The WHP services are not to be used as a software/image repository. This means you cannot use your account to store images that are pulled from another website. An example of this would be storing images to be pulled from an eBay auction site.

Software/Script Support – Customer acknowledges that Serverphase.com, Inc. cannot provide technical support for any software and/or script that the Customer installs, other than variable name changes. Customer also acknowledges that Serverphase.com, Ind. does not supply technical support for Microsoft FrontPage, other than initial configuration. Serverphase.com, Inc. supplies technical support for web hosting issues only. Serverphase.com, Inc. shall be the sole arbiter as to what constitutes a "web hosting" issue.

Spamming -- Unsolicited, commercial mass e-mails (known as "spamming") is a strongly disfavored practice among Internet uses and web hosting providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward us, but also because it can overload our equipment and disrupt service to our customers. This includes listing a hosted domain in any unsolicited e-mail.

Unmetered Data Transfer – Serverphase.com, Inc. provides the 500 MB of space and unlimited transfer in good faith to our Customers so that they may create their websites without the fear of running over their web space or web traffic allocation. While most Customers will use the extra web space and traffic for their legitimate web site needs, we recognize that others may try to take advantage of our offer and use the space and traffic in ways for which it is not intended. If at any time the Customer's website generates enough bandwidth usage to affect the performance of the other customer sites on the server, Serverphase.com, Inc. reserves the full right to terminate the Customer's domain without refund.

Whether lawful or unlawful, that we may determine to be harmful to our customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet.  Any violations of this agreement will result in refund ineligibility.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests with our customers. We will not, as an ordinary practice, monitor the communications of our customers to ensure that they comply with our policy or applicable law. When we become aware of harmful communications, however, we may take any of a variety of actions. We may remove information that violates our policies, implement screening software designed to block offending transmissions, or take any other action we deem appropriate, including termination of a customer's account with us.

We also are aware that many of our customers are, themselves, providers of web hosting services, and that information reaching our facilities from those customers may have been originated by customers of those customers or other third parties. We do not require our customers who offer webhosting services to monitor or censor transmissions created by customers of its customers. At the same time, customers who knowingly transmit materials that violate law or our policy are, themselves, in violation of our policy. Similarly, we anticipate that customers who offer web hosting services will cooperate with us in any correction action that we deem necessary, in order to correct and prevent the transmission of material that is harmful to us or our customers. Failure to cooperate with such corrective and preventive measures is a violation of our policy.

We also are concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge our customers to assume that all of their on-line communications are insecure.

We cannot take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our customers' on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail message sent or received by our customers unless require to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our customers from harm, or where such disclosure is necessary to proper operation of the system.

We are not responsible for loss of customer content due to server or hardware failure. We do, however, backup our systems daily, but cannot guarantee the content is up-to-date. It is the customer's responsibility to have a full backup of their site.

We expect that our customers who provide webhosting services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer's failure to comply with those laws will violate our Terms of Service.

Upon becoming a customer of Serverphase.com., you agree to indemnify, defend, and hold harmless Serverphase.com, Inc., its directors, officers, employees and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including actual attorneys' fees, to the extent that such action is based upon a claim that.

(i) if true, would constitute a breach of any of Serverphase.com Terms of Service;

(ii) arises out of your negligence or willful misconduct, or the negligence or willful misconduct of your employees or agents; or

(iii) any of the content or material on your website(s) infringes or violates any laws or rights of third parties, including, without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets and/or licenses.

DISCLAIMER OF WARRANTY: Serverphase.com MAKES NO WARRANTIES HEREUNDER, AND Serverphase.com EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY: Serverphase.com SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMERS' WEBSITES OR DATA FILES, PROGRAMS OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. Serverphase.com SHALL HAVE NO LIABILITY WITH RESPECT TO Serverphase.com OBLIGATIONS UNDER THESE TERMS OF SERVICE OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF Serverphase.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, LIABILITY OF Serverphase.com TO ANY CUSTOMER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO Serverphase.com BY THE CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.

By agreeing to these Terms of Service and becoming a customer of Serverphase.com, you also accept and agree to Serverphase.com Billing Policies, and warrant and represent that you will adhere to same.

These Terms of Service and your customer relationship with Serverphase.com shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Service or your customer relationship with Serverphase.com shall be in an appropriate state or federal court located in the State of Texas.

We hope these Terms of Service are helpful in clarifying the obligations of Internet users, including us and our customers, as responsible members of the Internet.

We reserve the right to permanently discontinue service at any time, without notice, should you be found in violation of our aforementioned Terms of Service.

Serverphase.com reserves the right to modify these Terms of Service at its discretion. Any changes to these Terms of Service will be posted on the Serverphase.com website under Terms of Service. By remaining a customer of Serverphase.com, you agree to any such changes or revisions to these Terms of Service.

Note: You are not permitted to have any commercially available software, fixes, patches or electronic media (ex. MP3s, AVI, WAVE, etc.) for download on your site. No download sites. We reserve the right - at any time, to terminate service if we find that you have violated this Terms of Service. Additionally, should you be found to be in violation of any licensing agreements currently in place, we reserve the right to permanently terminate your service without refund.

Complaints about violators of our policies should be referred to abuse@serverphase.com. Each complaint will be investigated.

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