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.
|