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MakingComputers.com Hosting Legal Agreement |
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Overview
All the services provided by
MakingComputers.com
can only be used for legal purposes under all federal,
provincial, state and local laws.
You are solely responsible for the
content you make accessible through the MakingComputers.com. You
may not use the Service to assist any other person or entity to
violate any Federal, State, or Local Laws, Ordinances or
Regulations.
This
Agreement will become effective when accepted by
MakingComputers.com. MakingComputers.com may modify the terms
and conditions of this Agreement or the prices of its services,
as well as discontinue or change the services offered at any
time without prior notice. You will be bound by the modified
Agreement, prices and/or policies if you choose to use the
services.
This Web Hosting agreement sets forth the terms and conditions
of your use of MakingComputers.com for web hosting services. You
certify that you are at least 18 years of age. To become a
Makingcomputers.com account holder, you must read and agree to
be bound by all terms and conditions of this Agreement, the fee
schedules and any policies that are or may be published by
MakingComputers.com
Furthermore, MakingComputers.com
retains the right to change any or all of the above Policies,
Guidelines, and Disclaimer without notification.
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Interruptions in Service
MakingComputers.com shall not be
responsible for any claimed damages, including incidental and
consequential damages, which may arise from MakingComputers.com
virtual servers going off-line or being unavailable for any
reason whatsoever. Furthermore, MakingComputers.com shall not be
responsible for any claimed damages, including incidental or
consequential damages, resulting from the corruption or deletion
of any web site from one of MakingComputers.com Virtual servers.
All damages shall be limited to the immediate termination of
service. We do not backup your data. Please take the appropriate
steps to ensure a backup copy of your data.
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Password Protection
You are responsible for protecting your password and for any
authorization or un-authorization
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IP Addresses
MakingComputers.com shall maintain and control ownership of all
IP numbers and addresses that may be assigned to you by
MakingComputers.com and MakingComputers.com reserves, in its
sole discretion, the right to change or remove any and all such
IP numbers and addresses.
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Unsolicited Commercial Email
Unsolicited commercial
advertisements are not allowed in E-mail, and will likely result
in account suspension or cancellation. Commercial advertisements
are unwelcome in most Usenet discussion groups and on most
E-mail mailing lists. Inappropriate posting may result in
account suspension or cancellation. See the newsgroup or mailing
list's charter for whether advertising is allowed or not.
"Spamming," or sending a message to many different off-topic
newsgroups, is particularly unethical and will be treated as
such. Sending a message, especially an advertisement, to more
than five or six recipients, is by itself spamming unless the
individuals have specifically requested to be added to a mailing
list on that topic. Upon Spam offense your entire domain
will be disabled and you will be fined $500.00 per sent Spam. No
refunds will be given if your account is terminated for Spam.
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Warranty and Assumption of Risk
YOU EXPRESSLY AGREE THAT USE OF MAKINGCOMPUTERS.COM'S SERVICES
IS AT YOUR SOLE RISK.
M akingComputers.com,
its agents, affiliates, licensors or the like, do not represent
or warrant, expressly or impliedly, that our services will not
be interrupted or error free; neither do they make any warranty
as to the results that may be obtained from the use of
MakiongComputers.com's services or as to the accuracy,
reliability, or content of any information service or
merchandise contained in or provided through the
MakingComputers.com's services, unless otherwise expressly
stated in this agreement.
MaKingComputers.com,
its officers, agents, or anyone else involved in providing our
services shall not be liable for any direct, indirect,
incidental, special, or consequential damages that result from
the use or inability to use Company's services; or for any
damages that result from mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in operation, or
transmission, or any failure of performance, whether or not
limited to acts of God, communication failure, theft,
destruction, or unauthorized access to Company's records,
programs, or services.
M akingComputers.com
makes no warranties or representations of any kind, express or
implied, for the service it is providing. MakingComputers.com
also disclaims any warranty of merchantability or fitness for a
particular purpose and will not be responsible for any damages
that may be suffered by the You, including loss of data
resulting from delays, non-deliveries, or service interruptions
by any cause or due to your errors or omissions. Use of any
information obtained by way of MakingComputers.com is to be used
at Your own risk, and MakingComputers.com specifically denies
any responsibility for the accuracy or quality of information
obtained through its services. MakingComputers.com expressly
limits its damages for any non-accessibility time or other
downtime to a single monthly payment. MakingComputers.com
expressly limits its responsibility for any damages arising as a
consequence of such unavailability.
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Term of Agreement, Termination, and Renewal
a)
All contracts are on a month to month
or year to year basis. You shall pay MakingComputers.com monthly
or yearly recurring fees, plus bandwidth charges as outlined. Amounts past
due may result in the termination of your account(s).
b) MakingComputers.com will refuse service if
the content of information provided by you is deemed
illegal, unethical, misleading, contains child pornography,
bestiality, promotion of illicit drugs, hate groups or
literature. Whom ever provides the above-mentioned illegal
content are in breach of this agreement. MakingComputers.com may terminate service without notice and
without any refunds of un used
pre-paid portion of funds.
C)
In the event of a dispute, the venue for litigation will be in
Alameda County, California.
D) In the event of default, the prevailing party in the
legal action is entitled to recover attorney fees and court
costs incurred in litigation of this matter.
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Copyright Infringement
Material accessible to you through
MakingComputers.com's Services may be subject to protection
under the United States or other Copyright Laws, or laws
protecting Trademarks, Trade Secrets or Proprietary information.
Except when expressly permitted by the owner of such rights, you
must not use the MakingComputers.com Service in a manner that
would infringe, violate, dilute or misappropriate any such
rights, with respect to any material, which you access or
receive through the MakingComputers.com. If you use a domain
name in connection with the MakingComputers.com Service or
similar service, you must not use that Domain Name in violation
of any Trademark, Service Mark, or similar rights of any third
party.
MakingComputers.com reserves the right to remove any and all
materials which violate copyright laws. Such materials will
be removed at any time upon receiving a complaint and or notice
of copyright violation.
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Limitation of Liability
MakingComputers.com shall not be
responsible for any claimed damages, including incidental and
consequential damages, which may arise from MakingComputers.com
virtual servers going off-line or being unavailable for any
reason whatsoever. Furthermore, MakingComputers.com shall not be
responsible for any claimed damages, including incidental or
consequential damages, resulting from the corruption or deletion
of any web site from one of MakingComputers.com Virtual servers.
All damages shall be limited to the immediate termination of
service. We do not backup your data. Please take the appropriate
steps to ensure a backup copy of your data.
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This agreement
constitutes the entire agreement between the parties hereto. The
terms and conditions of this agreement shall be interpreted and
enforced pursuant to the laws of the State of California.
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