TrackHost web hosting services a division of
WSTco, Inc.
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Virtual Hosting customers may not resell or give away control of any part of their WSTco/TRACKHOST account. Including but not limited to, web space, system resources, e-mail and ftp accounts. Unless they have permission from WSTco/TRACKHOST to do so.

Content:
Hosting services provided by WSTco/TRACKHOST may be used for lawful purposes only. The use of our services to transmit or store any material that is in violation of applicable laws is strictly forbidden. Material that is not allowed on our server's includes, but is not limited to:

· Bulk e-mail related software/products/information.
· Any material which you do not own or have permission from the copyright owner to use.
· Pornographic or any other adult content.
· Any material related to hacking.

WSTco/TRACKHOST reserves the right to deactivate and remove any web site from its servers which contains material that at WSTco/TRACKHOST's sole discretion is deemed to be unacceptable, undesirable or may damage the reputation of WSTco/TRACKHOST.

System Resource Usage:
If WSTco/TRACKHOST discovers that a customers web site or scripts are using an unacceptable amount of servers resources including but not limited to cpu and memory usage we may suspend or terminate the customers account without notice.
Our normal practice is to only suspend/terminate accounts without notice if the web site in question is likely to jeopardise the smoothing running of WSTco/TRACKHOST servers, normally WSTco/TRACKHOST will email the customer asking them to reduce the resources they are using.

Chat rooms, and top site scripts are likely to use an unacceptable amount of resources and are therefore not allowed on WSTco/TRACKHOST servers.

Message boards are allowed on WSTco/TRACKHOST servers, but customers should be aware that if they become popular they are likely to use an unacceptable amount of system resources.

E-mail / Anti-Spam:
Spamming (the sending of unsolicited e-mail) from WSTco/TRACKHOST servers is strictly forbidden. Sending of unsolicited e-mail from other servers, but on behalf of sites hosted on WSTco/TRACKHOST servers, is also forbidden. WSTco/TRACKHOST will decide on a case by case basis what constitutes spamming.
Accounts determined to be in violation of our anti-spam policies shall be terminated without notice.
The use of our servers to provide a free e-mail service is strictly forbidden.

Server Abuse:
Attempting to cause harm to a WSTco/TRACKHOST server, or any other server on the internet using an account on WSTco/TRACKHOST will result in immediate removal of that account.

WSTco/TRACKHOST will decide on a case by case basis if a refund is to be given on violation of these terms and conditions.

Warranty/Limitation of Liability:
Customer hereby agrees that WSTco/TRACKHOST makes no warranties, express or implied and Customer hereby waives any claim based upon any breach thereof. Customer further agrees that WSTco/TRACKHOST shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement, and in any event, the amount of damages due from WSTco/TRACKHOST to Customer shall never exceed, and shall be limited to, a credit allowance of all payments made to date of claim, but not to exceed one (1) months' service fee at current rates. WSTco/TRACKHOST's liability arising out of mistakes, accidents, omissions, interruptions, delays, or defect in transmission, including those which may be caused by regulatory or judicial authorities, shall in no event exceed the amount of the credit allowance, if any, available under this Section. Without limiting the foregoing, WSTco/TRACKHOST shall have no obligation to provide alternative routing with respect to any Service provided pursuant to this Agreement. IN NO EVENT SHALL WSTco/TRACKHOST BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECT IN TRANSMISSION, OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF WSTco/TRACKHOST PURSUANT TO THIS AGREEMENT. WSTco/TRACKHOST MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE FOR THE SERVICE OR LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY WSTco/TRACKHOST ARE HEREBY EXCLUDED AND DISCLAIMED.

INDEMNITY BY CUSTOMER:
CUSTOMER AGREES TO RELEASE, HOLD HARMLESS, DEFEND AND INDEMNIFY WSTco/TRACKHOST, ITS SUBSIDIARIES, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, OR ANY OTHER LIABILITY ARISING FROM CUSTOMER'S USE OF WSTco/TRACKHOST'S SERVICES AND FACILITIES PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, EVEN IF WSTco/TRACKHOST HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING PAYMENT OF WSTco/TRACKHOST'S REASONABLE ATTORNEY'S FEES.