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Acceptable Use
Computers 2U's services may only be used for lawful purposes. Transmission of
any material in violation of International, Federal or State regulation is
prohibited. This includes but is not limited to: material legally judged to be
threatening or obscene, or material protected by trade secret laws.
If you are found in violation of the Computers 2U Hosting Acceptable Use Policy
and Terms of Use. Your account will be terminated without notice and you may
forfeit all of the moneys that have been paid to Computers 2U.
Examples of content that is not acceptable on Computers 2U Servers: "Pirated
software" or "Warez", "Hacker programs and/or archives", "IRC Bots", "Gambling
Related", "Copyrighted Mp3's", cgi-based message boards.
You specifically agree to indemnify and hold Computers 2U harmless from any
claims resulting from a breach of these terms, and/or their use of the service,
which damages another.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password
cracking. IP spoofing, etc., and encrypting of any of the above. Also includes
any sites which provide "links to" or "how to" information about such material.
Adult Sites
WE DO NOT HOST ADULT SITES. Adult Content or links to Adult Content are not
permitted on Computers 2U servers.
Spam
SPAM in any shape or form is NOT permitted and is grounds for immediate
account termination. Mailing lists via a mailing list manager are acceptable as
long as the list are OPT-IN list that people have signed up for. Spam complaints
from other users will not be tolerated.
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on our servers in any of
its many forms including, but not limited to: bots and IRC servers. Chat rooms
may be allowed on per use basis, so please ask one of our support staff before
setting one up. (Some cgi/perl based chat rooms over utilize the server
processor.)
Web Site Hosting And Email
We make no representation and give no warranty as to the accuracy or quality
of information received by any person via the Server and we shall have no
liability for any loss or damage to any data stored on the Server.
You shall effect and maintain adequate insurance coverage in respect of any loss
or damage to data stored on the Server.
You represent, undertake and warrant to us that you will use the Web Site
allocated to you only for lawful purposes. In particular, you represent, warrant
and undertake to us that you will not use the Server in any manner which
infringes any law or regulation or which infringes the rights of any third
party, nor will you authorize or permit any other person to do so.
You shall not post, link to or transmit: (a) Any material, which is unlawful,
threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous,
profane or otherwise objectionable in any way. (b) Any material containing a
virus or other hostile computer program. (c) Any material which constitutes, or
encourages the commission of, a criminal offence or which infringes any patent,
trade mark, design right, copyright or any other intellectual property right or
similar rights of any person which may subsist under the laws of any
jurisdiction.
You shall keep secure any identification, password and other confidential
information relating to your account and shall notify us immediately of any
known or suspected unauthorized use of your account or breach of security,
including loss, theft or unauthorized disclosure of your password or other
security information.
You shall observe the procedures, which we may from time to time prescribe and
shall make no use of the Server, which is detrimental to our other customers.
You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and a secure manner.
In the case of an individual User, you warrant that you are at least 18 years of
age and if the User is a company, you warrant that the Services will not be used
by anyone under the age of 18 years.
Any access to other networks connected to Computers 2U must comply with the
rules appropriate for those other networks.
While we will use every reasonable endeavor to ensure the integrity and security
of the Server, we do not guarantee that the Server will be free from
unauthorized users or hackers and we shall be under no liability for non-receipt
or misrouting of email or for any other failure of email.
Intellectual Property Rights
you shall obtain any and all necessary consents and clearances to enable you
lawfully to make use of all and any intellectual property rights through the
Services, including without limitation, clearance and/or consents in respect of
your proposed domain name.
Service Availability
We shall use our reasonable endeavors to make available to you at all times
the Server and the Services but we shall not, in any event, be liable for
interruptions of Service or down-time of the Server.
We shall have the right to suspend the Services at any time and for any reason
without notice, but if such suspension lasts or is to last for more than 30 days
you will be notified of the reason.
The Services provided to you hereunder and your account with us cannot be
transferred or used by anyone other than you. No more than one login session
under any one account may be used at any time by you. User programs may be run
only during login sessions. If your account is found to have been transferred to
another party, or shows other activity in breach of this sub clause, we shall
have the right to cancel the account and terminate the Services and/or this
Agreement immediately.
Termination
If a site violates these terms in any way, shape, or form, the site will be
deleted from our network. If 2 violations occur within a 90 day period the site
will be blocked from our network. Our warning schedule is below.
First Warning
When you upload illegal content you are knowingly violating the terms of
service. Therefore there is no need for a first warning. When you upload illegal
files which violate these terms you know what you are doing is against our
policies.
Second Warning
There is no second warning, the domain is deleted. You may recreate the
domain, however if illegal content is found on this domain again the domain will
be blocked from our servers.
Questionable Situations
If we find content that is questionable and may or may not violate the terms
of service we will contact you. An example of a situation like this is a band
hosting their own music on our servers. However, you can avoid this step if you
notify us. If you are a band or if you are planning to upload a large amount of
files that are questionable please notify us before you upload so we are aware
of the situation. This will keep everyone happy.
If you fail to pay any sums due to us as they fall due, we may suspend the
Services and/or terminate this Agreement forthwith without notice to you.
If you break any of these terms and conditions, we may terminate this Agreement
forthwith upon written notice.
If you are a company and you go into insolvent liquidation or suffer the
appointment of an administrator or administrative receiver or enter into a
voluntary arrangement with your creditors, we shall be entitled to terminate
this Agreement forthwith without notice to you.
On termination of this Agreement or suspension of the Services we shall be
entitled immediately to block your Web Site and to remove all data located on
it. We shall be entitled to delete all such data but we may, at our discretion,
hold such data for such period as we may decide to allow you to collect it at
your expense, subject to payment in full of any amounts withstanding and payable
to us. We shall further be entitled to post such notice in respect of the
non-availability of your Web Site as we think fit.
Accounts may be cancelled by the user with a 30 day notice. Computers 2U
reserves the right to cancel any account with or without notice..
Legal
Computers 2U expects that its subscribers will comply fully with all
applicable laws concerning the privacy of on-line communications. A subscriber's
failure to comply with those laws will violate Computers 2U policy. Finally,
Computers 2U wishes to emphasize that in signing the service agreement,
subscribers indemnify Computers 2U for any violation of the service agreement,
law, or Computers 2U policy, that results in loss to Computers 2U or the
bringing of any claim against Computers 2U by any third-party. This means that
if Computers 2U is sued because of a subscriber's activity, the subscriber will
pay any damages awarded against Computers 2U , plus costs and reasonable
attorneys' fees.
Limitation Of Liability
All conditions, terms, representations and warranties relating to the
Services supplied under this Agreement, whether imposed by statute or operation
of law or otherwise, that are not expressly stated in these terms and conditions
including, without limitation, the implied warranty of satisfactory quality and
fitness for a particular purpose are hereby excluded.
Our total aggregate liability to you for any claim in contract, tort, negligence
or otherwise arising out of or in connection with the provision of the Services
shall be limited to the charges paid by you in respect of the Services, which
are the subject of any such claim.
In any event no claim shall be brought unless you have notified us of the claim
within 6 months of it arising.
In no event shall we ever be liable to you for any loss of business, contracts,
profits or anticipated savings or for any other indirect or consequential or
economic loss whatsoever.
Notices
Any notice to be given by either party to the other may be sent by either
email, fax or recorded delivery to the address of the other party as appearing
in this Agreement or ancillary application forms or such other address as such
party may from time to time have communicated to the other in writing, and if
sent by email shall unless the contrary is proved be deemed to be received on
the day it was sent or if sent by fax shall be deemed to be served on receipt of
an error free transmission report, or if sent by recorded delivery shall be
deemed to be served two days following the date of posting.
Payment
All payments must be in US Dollars. The preferred method is PayPal
subscriptions. We will accept a check in some situations. If your check is
returned by the bank as unpaid for any reason, you will be liable for a
"returned check" charge of $30.00.
All charges payable by you for the Services shall be in accordance with the
scale of charges and rates published from time to time by us on our web site and
shall be due and payable in advance of our service provision.
Without prejudice to our other rights and remedies under this Agreement, if any
sum payable is not paid on or before the due date, we shall be entitled
forthwith to suspend the provision of Services to you.
Your Billing is based on the date that you signed up with us. (ex. If you joined
us on June 25th, Your PayPal account will be charge on the 25th of every month
[assuming a monthly payment plan is being used, obviously a quarterly plan will
only charge every 3 months.])
Headings
Headings are included in this Agreement for convenience only and shall not
affect the construction or interpretation of this Agreement.
Entire Agreement
These terms and conditions together with any documents expressly referred to
in them, contain the entire Agreement between us relating to the subject matter
covered and supersede any previous agreements, arrangements, undertakings or
proposals, written or oral: between us in relation to such matters. No oral
explanation or oral information given by any party shall alter the
interpretation of these terms and conditions. In agreeing to these terms and
conditions, you have not relied on any representation other than those expressly
stated in these terms and conditions and you agree that you shall have no remedy
in respect of any misrepresentation, which has not been made expressly in this
agreement. Misuse of resources, including but not limited to employing
applications which consume excessive CPU time. Chat/IRC, web proxy and mailing
list scripts are not allowed on our network under any circumstances. Streaming
media can be a drain on web server resources and as such is not allowed. CGI
based message forums which use flat file databases are often found to use
excessive system resources, to avoid disappointment please use a PHP/ASP message
forum.
If you are unsure about content you intend to place on our network, please check
with us before you do. We reserve the right to determine what constitutes
acceptable use. We may amend these terms of service with or without notice.
We do reserve the right to edit the terms of service at any time with or without
notice.
If you have any questions please email us by clicking below.
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