Terms of Use
 

000Hosting.com, a Mogator Information Services Company, hereafter in this document referred to as MIS, requires that users of its systems be subject to the following terms and conditions of use. By using MIS, or by using Web site functionality or software provided by MIS (the "Services"), you agree to the following terms and conditions:

Customers of MIS and visitors to Customers' Web sites using functionality provided by MIS (Visitors) acknowledge that they have an obligation not to use or allow the use of the Services for infringing, illegal or improper purposes or in an infringing, illegal or improper manner. This includes, without limitation:
 

a) transmitting threatening, abusive, profane, libelous, slanderous, obscene, pornographic or harassing materials;
b) unauthorized copying or transmission of copyrighted, trademarked, or other proprietary material;
c) forwarding or posting "chain letters" (multiple forwarding) of any type;
d) propagating computer worms or viruses;
e) forging e-mail or discussion group posting header information;
f) sending, or causing a third party to send, large numbers of unsolicited e-mail messages (i.e. "junk mail" or "spam"), regardless of whether or not messages sent conform with the requirements of state or federal laws governing transmission of unsolicited e-mail messages;
g) adding or attempting to add addresses to any mailing or distribution list without explicit positive consent of the addressee;
h) attempting to collect personal information from a minor (defined as an individual less than 18 years of age);
i) attempting to collect social security numbers from visitors to the Customer's Web site;
j) attempting to collect any personal information from visitors to the Customer's Web site for purposes that are not disclosed to the visitor at the time the information is collected;
k) engaging in harassment, sexual in nature or otherwise, whether through language, frequency or size of messages;
l) engaging in any activity that violates the terms and conditions of use established by any of MIS's Service Providers.
m) engaging in any other purpose or activity that violates any applicable law or regulation, either foreign or domestic, or facilitates the violation of any applicable law or regulation; and
n) engaging in any other purpose or activity that MIS believes could subject it to criminal liability or civil penalty or judgment.

Customers and Visitors acknowledge and agree not to engage in actions that could adversely affect the operation of MIS or its Service Providers, or MIS's ability to provide the Services to its other Customers. These actions include:
 

a) attempting to circumvent user authentication or security of MIS, its Service Provider, any Customer, or the Internet at large ("cracking");
b) posting inappropriate messages to Customer discussion groups that do not abide by the charter(s), if any, of the discussion groups in which they appear;
c) attempting to cancel, supersede, or otherwise interfere with Services being provided to other Customers;
d) attempting to access, copy, change or erase information or data placed on MIS or its Service Provider's servers by other Customers or Visitors; and
e) using an account at another provider to disrupt service for MIS or its Service Provider's Customers or users of the Internet at large;

Customers' right to use the Services is personal to the Customer and as such is nonexclusive and nontransferable. Customers may not resell or redistribute the Services except as provided by specific written agreement with MIS;

If Customer is an individual, he or she represents and warrants that he or she is of legal age. In the event Customer is a minor (defined as a person of less than 18 years of age), Customer may not use the Services until MIS has received a copy of a consent form duly signed by the Customer's parent or legal guardian.

For purposes of identification, billing and marketing, Customers agree to provide MIS with accurate, complete, and updated information as requested by MIS on signing up to use the Services (Registration Data), including legal name, address, e-mail address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Customers agree to notify MIS within ten (10) days of any changes in the Registration Data. MIS may suspend or terminate provision of Services to a Customer without notice for failure to comply with this provision. Any requirement, under these Terms of Use or applicable law, that MIS provide a notice to a Customer is conditioned upon the Customer complying with this provision.

Client agrees to pay all fees and charges in conjunction with the establishment, use and maintenance of the Service pursuant to the Schedule of Fees and Charges to be found on Products, Prices, Hosting pages, said Fees and Charges to be governed by the billing policies found on the Billing Policies pages. MIS reserves the right to amend or change the Schedule of Fees and Charges and/or Billing Policies with notice to Client of no less than thirty (30) days before its effective date. Client agrees that it will be charged and will remit payment for extra server traffic pursuant to the web site hosting package that Client has selected. Said charges will be prorated and will appear on the following invoice. Charges for excess server traffic are posted in the Products, Prices, Hosting pages. Client agrees that it will be charged and will remit payment for extra server storage space and extra e-mail accounts pursuant to the web site hosting package that Client has selected. Said charges will be prorated and appear on the following invoice. Charges for extra server storage space and extra e-mail accounts are posted in the Products, Prices, Hosting pages.


Customers and Visitors acknowledge and agree that neither MIS nor its Service Providers are responsible for the content of the transmissions by Customers or Visitors that may pass through MIS and its Service Provider's servers or equipment (Network.)

Customers acknowledge that they are responsible for the security of their password(s) and all use of the Services obtained by them, with or without the consent or knowledge of the Customer.

Access to the Network cannot be guaranteed to any Customer. Customers may be unable to access the Network at any time, and disconnections from the Network may occur from time to time.

Material accessible to Customers and Visitors through using the Services may be the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets. Except as expressly permitted by the owner of such rights, Customers and Visitors may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such material.

Customers and Visitors understand that certain information that may be accessible through Web sites using Services provided by MIS may be considered inappropriate for minors. Customers and Visitors acknowledge that MIS exercises no control whatsoever over the content of the information passing through or stored on its systems.
 

a) MIS does not monitor or review and is not responsible for the content of any Web site, or element of a Web site, using or incorporating as an element the Services.
b) MIS does not monitor or review and is not responsible for any posting or submission made to any Web site, discussion group, mailing list, automated form, guestbook, calendar or other application using the Services.
c) The Services include mechanisms that provide transmission, routing, provision of connections, or storage carried out through an automatic technical process without selection of the material by MIS, and without permanent storage of the material transmitted. With respect to these mechanisms, MIS does not select the recipients of the material except as an automatic response to the request of another person, MIS does not maintain on the Network a copy of the material in the course of such intermediate or transient storage in a manner ordinarily accessible to anyone other than anticipated recipients, MIS does not maintain on the Network any copy in a manner ordinarily accessible to the anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, or provision of connections; and the material is transmitted through the Network without modification of its content.
d) Although MIS can not actively monitor content and data transmitted through, or posted on, its Network by Customers and Visitors, it accommodates and does not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works.
e) MIS has designated the following department as its agent to receive notifications of claimed infringement under the United States Copyright Act, or violations of other laws or regulations, both foreign and domestic, by its Customers or Visitors:

MIS
Infringement Claims
8362 PInes Blvd. #253
Pembroke Pines, FL 33024
Phone: (954) 443-3052
Fax: (954) 430-6784
E-mail: infringementclaims@000hosting.com

In the event MIS learns or becomes aware that a Customer or Visitor may have violated these Terms of Use by causing or allowing data, content, or materials to be present on the Network, MIS may remove, delete, or disable access to such data, content, or materials from the Network without providing advance notice to the Customer or Visitor.

In the event MIS's Service Provider(s) notifies MIS that it is in violation of its contract with the Service Provider(s) because of data, content, or materials posted, placed or uploaded onto the Network by a Customer or Visitor, MIS may remove, delete, or disable access to such data, content, or materials from the Network without providing advance notice to the Customer or Visitor.

In the event MIS learns or becomes aware that a Customer or Visitor may have violated these Terms of Use, or if MIS's Service Provider(s) notifies it that an action of a Customer or Visitor has caused MIS to violate its contract with the Service Provider(s), MIS may suspend or terminate access to its Network by the Customer or Visitor without providing advance notice to the Customer or Visitor. MIS's policy is to investigate allegations of infringing, illegal, or improper conduct violating these Terms of Use, and suspending or terminating access to the Network by any Customer that:
 

a) violates these Terms of Use in a manner that could subject MIS to criminal or civil penalty;
b) repeatedly violates these Terms of Use; or
c) attracts a Visitor or Visitors that repeatedly violate these Terms of Use.

Customers and Visitors acknowledge that MIS shall not be liable to any person for any claim based on MIS's good faith disabling of access to, or removal of, material or activity that a third-party claims is infringing, illegal or improper, or based on facts or circumstances from which MIS believes the material or activity is infringing, illegal or improper, regardless of whether the material or activity is ultimately determined to be infringing, illegal or improper. Customers and Visitors agree that MIS shall not be liable to them for any action it takes under these Terms of Service to remove or restrict access to data or material, or to terminate or suspend a Customer or Visitor's access to the Services.

Customers and Visitors acknowledge that transmissions and postings made by means of the Services are not confidential and that such communications may be read or intercepted by others. Customers and Visitors acknowledge that by transmitting and posting materials by means of the Services, no confidential, fiduciary, contractually implied or other relationship is created between them and MIS.

MIS has established a Privacy Statement governing Customers' expectation of privacy in materials placed on the Network for access by the Customer through MIS's online Personal Information Manager. Any expectation of privacy by MIS's Customers is limited as follows:
 

a) MIS reserves the right to reveal any data provided by a Customer or other information in its possession regarding users of the Services in cooperation with a request or investigation by any governmental body or governmental agency, or in response to a subpoena issued by any governmental body or governmental agency;
b) MIS reserves the right to examine any data provided by a Customer or Visitor in the course of responding to any claim by a third party that a Customer or Visitor is using the Services in connection with an infringing, illegal or improper activity or that the data infringes rights of the third party.
c) MIS reserves the right to disclose the identity of a Customer, or information allowing identification of a Customer, in response to request for identification in connection with claim of Copyright or Trademark infringement by the Customer.
d) Content posted or uploaded by Customers may be stored on computers maintained by and in control of MIS's Service Provider(s). Any expectation of privacy by a Customer is limited by and subject to the scope of the Service Providers' privacy policies.

DISCLAIMER OF WARRANTY: THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MIS MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, MIS's NEGLIGENCE. MIS, ITS EMPLOYEES AND AGENTS, DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE ON A SPECIFIED DATE OR TIME OR THAT THE NETWORK WILL HAVE THE CAPACITY TO MEET THE DEMAND OF CUSTOMERS DURING SPECIFIC HOURS. NEITHER MIS NOR ITS SERVICE PROVIDER WILL BE LIABLE FOR ANY DAMAGE THAT CUSTOMER MAY SUFFER ARISING OUT OF USE, OR INABILITY TO USE, THE SERVICES PROVIDED HEREUNDER. NEITHER MIS NOR ITS SERVICE PROVIDER WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF MIS OR ITS SERVICE PROVIDER'S NEGLIGENCE.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL MIS OR ITS SERVICE PROVIDER BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF MIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME CUSTOMERS. IN NO EVENT SHALL MIS's TOTAL LIABILITY TO A CUSTOMER OR VISITOR FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY THAT CUSTOMER OR VISITOR TO MIS FOR THE SERVICES DURING THE YEAR PRIOR TO ACCRUAL OF THE DAMAGES, LOSSES, OR CAUSES OF ACTION. CUSTOMERS FURTHER AGREE THAT MIS, ITS EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOST PROPERTY OR DATA OF THE CUSTOMER OR ANY CLAIM OR DEMAND AGAINST THE CUSTOMER BY ANY OTHER PARTY.

Customers and Visitors agree to indemnify, defend and hold harmless MIS and its employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Affiliates"), from and against any and all liability and costs incurred by the Affiliates in connection with any claim arising out of any breach by the Customer or Visitor of these Terms of Use, or incurred by the Affiliates in responding to a third-party claim that the Customer or Visitor has used the Services in an infringing, illegal or improper manner, including, without limitation, reasonable attorneys' fees and costs. You agree to cooperate as fully as reasonably required in the defense of any claim. MIS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of MIS.

MIS has the right to modify these Terms of Use. Any modification is effective immediately upon either a posting on the MIS Web Site (http://www.000hosting.com/terms_of_service), or upon notice by electronic mail, or U.S. mail. A Customer or Visitor's continued use of the Services following notice of any modification to these Terms of Use shall be conclusively deemed an acceptance of all such modification(s). A Customer's only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of MIS in providing the Services, including, without limitation, (i) any change in the content of the Services, or (ii) any change in the amount charged for the Services, is to cease using the Services.

These Terms of Use constitute the sole and entire agreement between MIS and Customers with respect to the Services and supersedes any other prior agreement. Failure by MIS to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Interpretation and enforcement of these Terms of Use shall be governed by the laws of the State of Florida (excluding its choice of law rules). Customers and Visitors consent to personal jurisdiction in the federal and state courts of the State of Florida, for any action arising out of or relating to their use of the Services. The federal and state courts of the State of Florida shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of these Terms of Use is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

This agreement shall be valid from the date the Client agrees with its terms by expressing Client's acceptance which may be done electronically via computer, by FAX, by US Mail, or by use of any of the Services Provided by MIS and shall continue until such time as either MIS or the Client give 30 days notice of termination of this Agreement which notice may be given via E-Mail.