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This C I Host Acceptable Use Policy/Terms of Service ("AUP/TOS") describe the proper kinds of conduct and prohibited uses of C I Host's hosting services (the "Services"). This AUP is not exhaustive and C I Host reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at Acceptable Use Policy / Terms of Service. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as C I Host deems appropriate. IMPORTANT NOTE - C I Host has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined below. Shared Server AbuseAny attempt to undermine or cause harm to a server, or customer, of C I Host is strictly prohibited. Unauthorized use of other people's accounts or computers C I Host will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a C I Host customer, whether or not the attacked account or computer belongs to C I Host, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by C I Host to be unacceptable use of C I Host's services including abuse of server resources. All hosting accounts may be terminated that include the following content or which have links to the following content:
Abuse of Unlimited TrafficC I Host's customers are privileged to be offered unlimited traffic for their websites. The intention of C I Host is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on C I Host's server. Websites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of C I Host management. Any customer who violates C I Host's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages. To maintain the integrity of our shared hosting service the following limitations apply:
For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 20 GB per month. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $5.00/1GB/month. You will receive a notice on Tuesday morning detailing your bandwidth usage. You will have 7 days to visit www.payforoverages.com to pay for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice. This does not apply to colocation clients. Colocation clients will be billed for the overages based on switch reports. Colocation clients must pay for the overages IMMEDIATELY once billing or C I Host has the sole decision to deactivate any and all servers. C I Host will be the sole arbiter as to what constitutes a violation of this provision. Unsolicited Email (Spam)Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation. C I Host takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. The following activities are not allowed:
Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a website hosted by or through C I Host (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers. Penalty: Depending on the severity of your SPAMMING, C I Host reserves the right to charge you between $1.00 - $100.00 PER SPAM sent through our network. Your website content will also be confiscated and it will be NEVER returned to you. CGI Scripts(This section does not apply to managed dedicated or colocation servers.) Each shared Linux web hosting account comes with its own cgi-bin, in which you are free to use any* CGI scripts you wish. All CGI scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared Windows 2003 web hosting accounts are subject to approval by our NT Administrators. *See the Server Resource Abuse section. Server Resource Abuse(This section does not apply to managed dedicated or colocation servers.) Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning. Child PornographyOur policy on child pornography is zero tolerance. C I Host will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the C I Host network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT Chat RoomsWe do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the C I Host Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install. Abuse of SMTP Mail ServerWe do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact noc@cihost.com to have your domain moved. Background Running ProgramsWe may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (this section does not apply to managed dedicated servers) IRCWe currently do not allow IRC IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination. Current Contact InformationCurrent customers must provide C I Host with, and keep current and up to date, good contact information including full address, email, phone, and fax numbers. C I Host uses contact information to reach customers during network emergencies, server downtime, maintenance windows and in case there are billing issues with your account. Failure to keep contact information up to date could lead to temporary account suspension until the information is updated. Abuse of Dedicated/Colocation Bandwidth AllotmentsC I Host's customers are privileged to be offered large amounts of bandwidth and monthly transfer to their servers. The intention of C I Host is to provide large bandwidth allotments to businesses and consumers to serve as connections for their websites and web documents ("normal usage," and not for off-site storage areas for electronic documents and files. All (90%) of your web pages (.html) must be 'linked' with files (.GIF, .JPEG, .WMV, .RA, etc.) stored on C I Host's server. Websites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of C I Host management. Any customer who violates C I Host's Policies in abusing bandwidth allotments and site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages. To maintain the integrity of our dedicated and colocation server networks the following server limitations apply if your site is not deemed as "normal usage:" Servers that contain:
For those server uses that are not classified under "normal use," and fit within any of the "limitation categories" above, the customer's server is limited to 200 GB of monthly transfer and not to exceeed 2 Mbits/sec of sustained bandwidth, whichever is greater based on peak usage. The customer will be billed at $10.00/GB or $75/mbit for any overage incurred Windows 2003 Based Dedicated ServersSubscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft Corporation if violated. Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products. C I Host may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships C I Host has established with certain commercial software and licensing vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by C I Host and not by the Third Party Vendor. Neither C I Host nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from C I Host or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither C I Host nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and C I Host with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements. Excessive Use/OveragesYou will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, C I Host may, in its sole discretion, assess you with additional charges. If C I Host elects to take any corrective action, C I Host will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth overages are currently billed at $10/GB/month. Disk space overages are currently billed at $.25/MB/month. Email attachments overages are currently billed at $.10 per email over 10MB. Payment PoliciesAll accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. C I Host reserves the right to change prices at any time, unless other terms have been agreed upon. Credit card accounts are subject to login deactivation upon the card declining for charges within 48 hours of email notification. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to complete account deactivation. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies C I Host at cancel.cihost.com to request for termination of services. All payment is in U.S. currency. C I Host will bill each client $50.00 per returned check, per wire transfer received and per credit card chargeback received. All C I Host accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the billing department at billing@cihost.com should you wish to change your anniversary billing cycle. Any account that is not brought current prior to deactivation will be charged a $25.00 reactivation fee as well as a $15.00 late charge, per domain deactivated. In addition, if your credit card declines for any reason C I Host will charge your account an additional $1.00 service charge every time your card is declined. C I Host may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of C I Host) shall be paid by Customer. C I Host accepts paper checks, as well as credit cards, wire transfers, money orders, cashiers checks and cash from customers for payment of web hosting services and fees associated with your account. However, there will be a $5.00/month processing fee for each customer paying by paper check and a $50/transaction fee for customers paying by wire transfer (no additional fee for credit cards, money orders, cashiers checks and cash). Additionally, if you decide to switch your payment method of billing cycle you will be charged a $10 processing fee for that change. CancellationC I Host reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by C I Host if C I Host institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.) All of C I Host's web hosting plans are backed by a 30 day money back guarantee (*see restrictions below). If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For web hosting contracts, dedicated servers and colocation packages, the full contract amount less any setup fees and overages will be refunded if C I Host is notified within the first 30 days following activation. No refund is available after the 30th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done following the steps outlined at http://cancel.cihost.com. Cancellations via email requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation. To receive your refund, you must terminate this Agreement in the manner described in above and cease using the Services. Cancellations are processed only from 9 a.m. - 6 p.m. CST on Monday-Friday. No cancellations are processed on holidays or weekends.
*Advanced Hosting Packages (Dedicated and Colocation packages)
*E-business In A Box
*E-memories
*E-files
*Crazy Deals Liability and Obligations on CancellationIf the Agreement expires or is cancelled for any reason, C I Host is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, C I Host will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to C I Host under this Agreement. IP Address OverlapC I Host administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by C I Host staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected. Material and Product RequirementsYou must ensure that all material and data placed on C I Host's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by C I Host. C I Host will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", C I Host may reject this material. C I Host will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy C I Host's requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your website. You must have the necessary knowledge to create and maintain a website. C I Host does not provide this knowledge or customer support outside of the Services. Intellectual Property RightsMaterial accessible to you through C I Host's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use C I Host or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the C I Host network. If you use a domain name in connection with C I Host or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. Network SecurityCustomers may not use the C I Host network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to:
Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to:
C I Host will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, C I Host will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting C I Host or any of its other customers. Shared Hosting Account/Dedicated Server SecurityYou are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Customers who violate systems or network security may incur criminal or civil liability. C I Host will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Electronic CommerceYou will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your website. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information. Static/Dynamic Content CachingYou expressly (i) grant to C I Host a license to cache the entirety of your website, including content supplied by third parties, hosted by C I Host under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights. IP Address OwnershipC I Host shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by C I Host and C I Host reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses. Domain Name Registration AgreementThis C I Host Domain Name Registration Agreement ("Agreement") is by and between C I Host, Inc. ("C I Host") a/an Texas corporation and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of C I Host's Domain Name Registration and represents the entire agreement between You and C I Host. By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, including our dispute policy and the ICANN Transfer Dispute Resolution Policy along with any new, different or additional terms, conditions or policies, including the Universal Terms of Service which C I Host may establish from time to time. Such Agreements may be found at www.cihost.com/legal/ In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with C I Host, whether or not the transactions were in Your behalf. You acknowledge that C I Host's acceptance of any application made by You for services provided by C I Host will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Bedford, Texas, USA. You acknowledge that C I Host is a registrar bound by an agreement between C I Host and ICANN. You agree that C I Host may modify this agreement in order to comply with applicable law and the terms and conditions set forth by the ICANN and/or the Registry Administrator chosen by ICANN, as well as any registration rules or policies that may be published from time to time by C I Host . 1. fees In consideration for the services and products ("service") purchased by You and provided to You by C I Host, You agree to pay C I Host at the time service is provided. Payment is to be made by You by providing either a valid credit card, an online check, or using "Good As Gold" to establish a cash reserve for charge by C I Host (collectively, the "Payment Method"). Personal checks and money orders may only be used only to fund "Good As Gold" (GAG) accounts, must be for payments of $100 or more, and issued in U.S. dollars for the full amount required at that time. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the product or service, and any check that bounces will result in a $25 bounced check fee. If You purchase an automatically renewing service or product by personal check, it is Your responsibility to make payment arrangements for each renewal payment. You understand that ICANN requires C I Host to collect a small registration fee when you purchase your domain name registration. You agree to pay such fees. Payments are non-refundable. If for any reason C I Host is unable to charge Your Payment Method for the full amount owed C I Host for the service provided, or if C I Host is charged a penalty for any fee it previously charged to your Payment Method, You agree that C I Host may pursue all available remedies in order to obtain payment. You agree that among the remedies C I Host may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names registered or renewed on Your behalf. C I Host reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change your Payment Method at any time by logging into http://my.cihost.com. Domain Name Renewals When You register a domain name, You have the option to elect that the domain name be automatically renewed upon reaching the expiration date. Automatic renewal is the default setting, which You must deactivate if You do not want Your domain name(s) to be automatically renewed. Unless You disable the automatic renewal option, C I Host will automatically renew, for a period equivalent to the length of your original registration, any domain name that is up for renewal and will take payment from the Payment Method You have on file with C I Host, at C I Host's then current rates. Thus, if you have chosen to register your domain name for one year, C I Host will automatically renew it for one year. If you have chosen to register your domain name for two years, C I Host will automatically renew it for two years, and so on. Domain name renewals will be non refundable. If for any reason C I Host is not able to take the payment from the Payment Method You have on file, and You fail to respond to our notices, Your domain name registration will expire. It is Your responsibility to keep Your Payment Method information current, which includes the expiration date if you are using a credit card. If You do not elect that the domain name be automatically renewed, You have the responsibility of logging into Your account manager for that domain name and manually implementing the renewal by the expiration date (should You in fact want the domain name to be renewed). In this case, if You fail to manually implement the renewal in a timely fashion the domain name will be cancelled and You will no longer have use of that name. You agree that C I Host will not be responsible for cancelled domain names that You fail to renew, either automatically or manually. In any case, if You fail to renew Your domain name in a timely fashion, additional charges may apply. If You signed up for domain masking, domain forwarding, or any other similar service, with Your domain registration, these services may be automatically renewed when Your domain registration is up for renewal, and You may incur an additional renewal fee unless You cancel in advance. If you fail to renew your domain name, you agree that C I Host may, at its sole discretion, renew your expired domain name on your behalf. If C I Host decides to renew your expired domain name on your behalf you will have a Renewal Grace Period during which you may reimburse C I Host for the renewal and keep your domain name. The Renewal Grace Period is currently 12 days but subject to change under the terms of Section 2 of this Agreement. If you do not reimburse C I Host for the renewal during the Renewal Grace Period your domain name will be placed on Hold and flagged for deletion after which you will have a 30 day redemption period during which you may pay C I Host a Redemption fee and redeem your domain name. The Redemption fee is currently $199 USD and is subject to change under the terms of Section 2 of this agreement. If you do not redeem your domain name prior to the end of the 30 day redemption period C I Host may, at its sole discretion, delete your domain name or transfer it to another registrant on your behalf. If your domain is deleted, the Registry also provides a 30 day Redemption Grace Period during which you may pay C I Host a redemption fee and redeem your domain name. The redemption fee is currently $199 USD and is subject to change under the terms of Section 2 of this agreement. If you do not redeem your domain name prior to the end of the Registry.s Redemption Grace Period the Registry will release your name and it will become available for registration on a first-come-first-served basis. 2. term of agreement; modifications The term of this agreement shall continue in full force and effect as long as You have any domain name registered through C I Host. You agree that You will not transfer any domain name registered through C I Host to another domain name registrar during the first sixty (60) days from its initial registration date. You further agree that C I Host may charge You a small fee if You cancel Your domain within the five (5) day grace period after registering Your domain with C I Host and C I Host refunds the price of Your domain. C I Host will not charge You a fee if C I Host cancels Your domain name during this period because of fraud. Provided, however, the five (5) day grace period does not apply to Premium Domains, which are non-refundable. You agree that C I Host may modify this agreement from time to time. C I Host may also discontinue services it provides under this agreement. You agree to be bound by any changes C I Host may reasonably make to this agreement when such changes become effective. Should You elect to cancel Your agreement with C I Host You will not receive a refund for any fees You may have paid to C I Host. You agree that C I Host shall not be bound by any representations made by third parties who You may use to purchase services from C I Host, and that any statements of a general nature, which may be posted on C I Host's web site or be contained in C I Host's promotional materials, will not bind C I Host. 3. up to date information; use of information and expiration You agree to notify C I Host within five (5) business days when any of the information You provided as part of the application and/or registration process changes. It is Your responsibility to keep this information in a current and accurate status. Failure by You, for whatever reason, to provide C I Host with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by C I Host to determine the validity of information provided by You, shall also be considered to be a material breach of this agreement. You agree to retain a copy for Your record of the receipt for purchase of Your domain name. You agree that for each domain name registered by You, the following contact data is required: postal address, email address, telephone number, and if available, a facsimile number for the registered name holder and, if different from the registered name holder, the same contact information for, a technical contact, an administrative contact and a billing contact You acknowledge and agree that domain name registration requires that this contact information, in whole or in part, be shared with the registry operator. As required by ICANN, this information must also be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois. Both C I Host and the registry operator may be required to archive this information with a third party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, You represent and warrant that, if You are providing information about a third party, You have notified the third party of the disclosure and the purpose for the disclosure and You have obtained the third party's consent to such disclosure. You agree that for each domain name registered by You the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement: * The domain name You agree that, to the extent permitted by ICANN, C I Host may make use of the publicly available information You provided during the registration process. If You engage in the reselling of domain names You agree to provide any individuals whose personal information You've obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide. 4. dispute resolution policy You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this agreement. You can view the Uniform Domain Name Dispute Resolution Policy online at http://www.icann.org/dndr/udrp/policy.htm. You agree to review C I Host's web site periodically to determine if changes have been made to the Dispute Resolution Policy. If You cancel Your agreement with C I Host as a result of the modified Dispute Resolution policy no fees will be refunded to You. You agree that if a dispute arises as a result of one or more domain names You have registered using C I Host, You will indemnify, defend and hold C I Host harmless as provided for in this agreement. You also agree that if C I Host is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by You using C I Host, that C I Host, in its sole discretion, may take whatever action C I Host deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event You agree to hold C I Host harmless for any action taken by C I Host. 5. transfer of domain names; resale practices If You transfer any domain name You agree to provide the information required by, and to abide by, the procedures and conditions set forth in this policy. In order to further protect Your domain, any domain registered with C I Host or transferred to C I Host shall be placed on lock status. The domain must be placed on unlock status in order to modify any of the Whois information including the name servers, or initiate a transfer of the domain name away from C I Host to a new Registrar. In the event You are purchasing a domain name on behalf of a third party, You agree to inform any customer of Yours, who may be acquiring a domain name through You using C I Host's registration services, that they are in fact registering their domain name through C I Host and that C I Host is an accredited registrar with ICANN. You agree not to represent that You are an ICANN accredited registrar or that You are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN trademark logo in any of Your promotional materials including Your web site. You agree to obtain each of Your customers' acceptances of C I Host's then current Domain Registration Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should You require that Your customers accept additional terms and conditions that are not required by C I Host, You agree that such additional terms and conditions shall not conflict with C I Host's Domain Registration Agreement and the policies and business procedures adopted by ICANN. You agree that C I Host is not lending You access to its registrar connections or its registry access, nor will You be deemed to be a registrar in Your own right. Furthermore, You agree You will not attempt to gain access to C I Host's registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database. You agree to provide Your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information You will, within 5 business days, provide such information to C I Host so C I Host may update its registration records. You will retain copies of all communications between You and Your customers and will upon request provide C I Host copies of same. 6. suspension of services; breach of agreement You agree that, in addition to other events set forth in this agreement, (i) Your ability to use any of the services provided by C I Host is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN, and (ii) Your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any C I Host procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by C I Host or the registry operator in registering any domain name or (2) for the resolution of disputes concerning any domain name. You agree that Your failure to comply completely with the terms and conditions of this agreement and any C I Host rule or policy may be considered by C I Host to be a material breach of this agreement and that C I Host may provide You with notice of such breach either in writing or electronically (i.e. email). In the event You do not provide C I Host with material evidence that You have not breached Your obligations to C I Host within ten (10) business days, C I Host may terminate its relationship with You and take any remedial action available to C I Host under the applicable laws. Such remedial action may be implemented without notice to You and may include, but is not limited to, canceling the registration of any of Your domain names and discontinuing any services provided by C I Host to You. No fees will be refunded to You should Your agreement be cancelled or services be discontinued because of a breach. C I Host's failure to act upon or notify You of any event, which may constitute a breach, shall not relieve You from or excuse You of the fact that You have committed a breach. 7. restriction of services; right of refusal You agree not to use the services provided by C I Host, or to allow or enable others, to use the services provided by C I Host for the purposes of: * The transmission of unsolicited email (Spam). If You are hosting Your domain's domain name servers ("DNS") on C I Host's servers, or are using our systems to forward a domain, URL, or otherwise to a system or site hosted elsewhere, or if You have your domain name registered with C I Host, You are responsible for ensuring that there is no excessive overloading on C I Host's DNS systems. You may not use C I Host's servers and Your domain as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. Server hacking or other perpetration of security breaches is prohibited. You agree that C I Host reserves the right to deactivate Your domain name from its DNS system if C I Host deems it is the recipient of activities caused by your site that threaten the stability of its network. You agree that C I Host, in its sole discretion and without liability to You, may refuse to accept the registration of any domain name. C I Host also may in its sole discretion and without liability to You delete the registration of any domain name during the first thirty (30) days after registration has taken place. C I Host may also cancel the registration of a domain name, after thirty (30) days, if that name is being used, as determined by C I Host in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm or use unethically minors in any way. In the event C I Host refuses a registration or deletes an existing registration during the first thirty (30) days after registration, You will receive a refund of any fees paid to C I Host in connection with the registration either being canceled or refused. In the event C I Host deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued. 8. limitation of liability You agree that C I Host's entire liability to you under this agreement, and your only remedy, in connection with any service provided by C I Host, to you under this agreement, and for any breach of this agreement by C I Host, shall be limited to the fees you paid to C I Host for the particular service in contention. C I Host and its agents and contractors shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use any of C I Host's services or for the cost of obtaining substitute services. Because certain states do not permit the limitation of elimination of liability for certain types of damage, C I Host's liability shall be limited to the smallest amount permitted by law. C I Host disclaims any loss or liability resulting from: 1. access delays or interruptions to our web site or domain name registration system 9. indemnity 10. representation and warranties You warrant that all information provided by You as part of the registration process is complete and accurate. You also warrant that each registration You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the domain name being registered will not be used in connection with any illegal activity. You agree that C I Host makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to You against the possibility of objection to, or challenge of, the registration or use of any domain name You register with C I Host. C I Host expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of C I Host, as well as its affiliates, subsidiaries, officers, directors and employees. C I Host also reserves the right to freeze a domain name during resolution of a dispute. 11. disclaimer of warranties 12. severability; entirety You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect. You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between You and C I Host regarding the services contemplated herein. 13. venue; waiver of trial by jury This agreement shall be deemed entered into in the state of Texas. Except for all disputes concerning the use of a domain name registered with C I Host, the laws and judicial decisions of Tarrant county, Texas, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. For the adjudication of disputes concerning or arising from the use of a domain name registered with C I Host, You shall submit, without prejudice to other potential applicable jurisdictions, to the jurisdiction of the courts (1) of Your domicile and (2) where C I Host is located. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Tarrent county, Texas. You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement. 14. notices 15. provisions specific to all registrations Copyright InfringementDIGITAL MILLENNIUM COPYRIGHT ACT Notice and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the C I Host system or website should be sent ONLY to our Designated Agent. NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING C I HOST THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. Written notification must be submitted to the following Designated Agent:
C I Host, Inc. Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
Lawful PurposeC I Host reserves the right to refuse service to anyone. Customers may only use C I Host server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of C I Host management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Tarrant County, Texas, and any dispute will be litigated or arbitrated in Tarrant County, Texas. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Tarrant County Courts. IN NO EVENT SHALL C I HOST'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS FOR ANY REASON. IndemnificationCUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD C I HOST HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST C I HOST, 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, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS C I HOST AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH C I HOST'S SERVER; (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 CUSTOMER FROM C I HOST'S SERVER. DisclaimerC I HOST WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. C I HOST MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. C I HOST DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY C I HOST AND ITS EMPLOYEES. C I HOST RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. CUSTOMER SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF C I HOST. HOWEVER, C I HOST MAY ASSIGN THE CUSTOMER'S CONTRACT, IN PART OR IN WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE TO THE CUSTOMER. C I HOST RESERVES RIGHT TO CANCEL CUSTOMERS RIGHTS UNDER THIS CONTRACT AT ANYTIME WITHOUT FURTHER OBLIGATION. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF C I HOST MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION. AUP/TOS RevisionsC I HOST RESERVES THE RIGHT TO REVISE, AMEND, OR MODIFY THIS AUP/TOS AND ALL OF OUR OTHER POLICIES AND AGREEMENTS AT ANY TIME AND IN ANY MANNER. NOTICE OF ANY REVISION, AMENDMENT, OR MODIFICATION WILL BE DEEMED WHEN THE NEW INFORMATION IS POSTED WITHIN THIS DOCUMENT OR ANY OTHER ONLINE AGREEMENTS. CUSTOMERS WILL NOT NECCESSARILY BE NOTIFIED IN WRITING OF THESE CHANGES. PLEASE CHECK THIS AND ALL OTHER C I HOST AGREEMENTS AND DOCUMENTS FREQUENTLY FOR CHANGES. |
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