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Please read the Terms and Conditions of Web Hosting Service carefully. By ordering any of our services you agree to the following terms and conditions.


Terms and Conditions of Hosting Service


This is a legal and binding agreement (referred to herein as "Agreement") between you (the "Customer") and VacantMinded Computer Services (the "Provider"). By using or accessing Provider's web site, the Services and certain Products that are offered, as our Customer you agree to all of the terms and conditions of this agreement. If you do not agree to these terms, the Acceptable Use Policy or any other Terms and Conditions posted on Provider's web site, all services will be discontinued, activation of the account will cease and your account will be terminated.


END USER AGREEMENT


LICENSE GRANT. Subject to the provisions contained herein and payment of applicable fees, Provider hereby grants to you a non-exclusive, nontransferable, license to use its web hosting service offered on the Provider web site - Provider ("Hosting service") for your own use. Such Hosting service is protected by the laws of the United States and the State of Oklahoma.


RESTRICTED USE AND TERMS.


1) No pornographic content may be stored on Provider's servers, regardless of the legal status of such content in Customer's location.


2) Customer's site cannot contain any illegal contents or link to sites containing illegal contents, which include but are not limited to, pornography, unlicensed music files, violations of privacy, unlicensed software, "warez," computer viruses, and any harassing or harmful materials or uses, as determined by Provider.


3) Customer is expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested or agreed to receive it.


4) Customer is prohibited from using Provider's services to promote, operate, or coordinate any spamming operations or any operations which violate this Agreement.


5) While no explicit limits are given, excessive e-mailing may result in the suspension of Customer's account at the discretion of Provider.


6) Customer is not allowed to install any software, code, or other content or use Provider's services in a way which adversly affects service for other clients.


7) Any attempt to undermine or cause harm to a server, customer of Provider, or other property of Provider or its customers, is strictly prohibited.


8) The web space and mail server are for Customer own use only, and Customer is expressly prohibited to install special scripts in order to resell web space and/or e-mail accounts to any third party or offer free web hosting and/or free e-mail services from Customer website. This does not include offering a third party's free email and/or hosting service via Customer website.


PAYMENT, MONEY BACK GUARANTEE AND REFUND


1) The web hosting fee is paid at beginning of each billing cycle of Customer hosting plan. It is Customer's responsibility to keep the credit card information such as credit card number, expiration day, and billing address, current and accurate in order for Customer payment to be processed on time by our system or manually by billing staff. Customer agrees to pay a late payment fee of 15% of the original invoice total if payment is not completed within 5 days of the invoice due date. If Customer fails to pay a due invoice, Customer's account may be subject to suspension or termination.


2) There are some fees are charged based on Customer's actual usage of our server resources, such as disk space. Provider is not obligated to notify Customer of Customer's usage


LIMITED WARRANTY


THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.


LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL VacantMinded Computer Services OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, SERVERS GOING OFF-LINE OR BEING UNAVAILABLE FOR ANY REASON WHATSOEVER, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES RESULTING FROM THE CORRUPTION OR DELETION OF ANY WEB SITE FROM ONE OF 2GLOBAFLMART INTERNATIONAL SERVERS, IN EXCESS OF VacantMinded Computer Services'S LIST PRICE FOR A LICENSE TO THE WEB HOSTING SERVICE AND DOCUMENTATION, EYEN IF VacantMinded Computer Services SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.


All damages shall be limited to the immediate termination of service.


We cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Moreover, VacantMinded Computer Services holds no responsibility for the use of our clients' accounts.


Customer agrees to release, indemnify, and hold us and our contractors, agents, employees, officers, and affiliates harmless from all liabilities, claims and expenses, including attorneys fees, resulting from your publications or use of illegal, abusive or unethical materials.


TERMINATION


This Agreement is effective until terminated. VacantMinded Computer Services may terminate this Agreement immediately if Customer violates these terms and conditions of the Hosting Service, and the Customer hosting account will be deactivated without refund of payment with or without a notice depending on the specific situation.


We reserve the right to refuse, cancel, or suspend service at our sole discretion.


VacantMinded Computer Services retains the right to change any or all of the above Terms, Policies, and Warranty without notification.

© Copyright 2005-2010 VacantMinded. All Rights Reserved.