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| TOS |
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| Terms of Service | |||
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Our Guarantee Homeport West does not gather information other than necessary to provide you with the best service possible. We Never sell, trade, or share, your information, period! Account Setup We will setup your account after we have received payment and screened your order(s). Orders are screened to prevent fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. In most cases, your new web site up and available to you within 24 hours. Web site Content There are very few restrictions on the content of web sites hosted by Homeport West. This includes, but not limited to: copyrighted material, material of a threatening nature, pornography. Examples of unacceptable material:
Pornographic material including, but not limited to:
Homeport West has a absolute zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user discovered spamming will have their account terminated without notice and be billed for any required cleanup. Homeport West reserves the right to:
Age Restrictions Homeport West does not provide server space for customers under the age of 18. Exceptions can be made for anyone under the age of 18 who has the right to enter into legal contract. You agree to supply appropriate payment for the services received from Homeport West, in advance of the time period during which such services are provided. You agree that until and unless you notify Homeport West of your desire to cancel any or all services received, those services will be billed on a recurring basis. Homeport West reserves the right to change the monthly payment amount and any other charges at anytime. Your use of the service is at your sole risk. Homeport West is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data. You may opt to close webs site at any time. Homeport West gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solution's. There are no refunds on dedicated servers. Refund requests after 30 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. You are allocated a monthly bandwidth allowance. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. Users may not initiate the following: a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed. c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc Indemnification Customer agrees that it shall defend, indemnify, save and hold Homeport West harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Homeport West, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Homeport West against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Homeport West; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Homeport West's server. Homeport West will not be responsible for any damages your business may suffer. Homeport West makes no warranties of any kind, expressed or implied for services we provide. Homeport West disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Homeport West and its employees. The customer agrees to indemnify and hold harmless Homeport West from any claims resulting from the use of our services. Changes to the TOS Homeport West reserves the right to revise its policies at any time without notice. The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Homeport West, and the right to increase the amount of resources given to plans at any time. You will be notified of any changes that lowers the price, or increases the service, of your hosting package. |
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