 |
Web Technology
Site: Design | Hosting: Information | Hosting: Terms & Conditions | Hosting: Signup
This agreement is applicable to both forestcomputer.com and their hosting company. All references to forestcomputer.com in the following document needs to be read as forestcomputer.com or it's agent.
This Web Hosting Agreement (this "Agreement") sets forth the terms and conditions of your use of forestcomputer.com ("forestcomputer.com") for web hosting services. You certify that you are at least 18 years of age. To become a forestcomputer.com accountholder, you must read and agree to be bound by all terms and conditions of this Agreement and any policies that are or may be published by forestcomputer.com. This agreement will become effective when accepted by forestcomputer.com. By posting notice 30 days in advance at http://www.forestcomputer.com/tandc.asp, forestcomputer.com may modify the terms and conditions of this agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified agreement, prices and/or policies if you continue to use the services. Customers that have paid in advance for services will not be affected by any price changes until their term is up.
1. Scope of Services and Your Obligations
1.1. This agreement defines the terms and conditions of forestcomputer.com's
services as offered by forestcomputer.com and used by you, including the
provision of web hosting services on forestcomputer.com's dedicated servers and
connectivity to the Internet (the "Services"). forestcomputer.com will provide
the Services for the amount of server storage space selected in exchange for
payment of fees and full compliance with the terms and conditions of this
Agreement. In performing the Services, forestcomputer.com maintains control and
ownership of any and all Internet protocol ("IP") numbers that may be assigned
to you and reserves the right to change or remove any and all IP numbers and
addresses at its sole discretion.
1.2. You are responsible for producing, electronically uploading and
maintaining HTML files, execution scripts, applets and applications (the
"Upload Materials") to your website, and you hereby warrant that all Upload
Materials shall be owned or properly licensed by you and shall not adversely
impact the Services or violate any rights of any third parties. You are
responsible for ensuring that all Upload Materials will function properly and
as intended. You are responsible for all activity originating from your
website, unless proven to be a victim of outside hacking or address forgery.
You assume responsibility for all material on your website that may be put on
by a third party (such as the usage of Free For All links pages). Use of the
Services requires a certain level of knowledge in the use of Internet
languages, protocols, and software, which can vary depending on your
anticipated use and desired content of your website, and includes, but is not
limited to, the following: web publishing requires knowledge of HTML, properly
locating and linking documents, FTPing web contents, graphics, text, sound,
image mapping, etc.; FrontPage web publishing requires knowledge of the
FrontPage tools as well as Telnet and FTP understanding and capability;
CGI-scripts requires knowledge of the UNIX environment, tar & gunzip
commands, Perl, CShell scripts, permissions, etc.; and mail requires knowledge
of use of mail clients to receive and send mail, etc. You acknowledge that you
have the necessary knowledge to create, modify and maintain your website.
forestcomputer.com assumes no responsibility to provide you with such knowledge.
1.3. In connection with the Services, forestcomputer.com may provide for your
use certain tools and software, including, but not limited to, certain
specialty scripting software and/or certain programming language software for
designing websites (collectively, the "Tools"). These Tools are copyrighted and
proprietary property owned by forestcomputer.com. To the extent that such Tools
are provided to you, you are granted a nonexclusive, nontransferable license to
use the Tools in object-code form only for your internal use, solely in
connection with the Services provided under this agreement.
1.4. During the period that forestcomputer.com provides the Services to you,
you hereby grant to forestcomputer.com a nonexclusive, royalty-free, worldwide
right and license to digitally display and host your website and its content,
and to use its trademarks, service marks, trade names, logos and other
commercial or product/service designations in connection with the website and
such Services.
1.5. For server restoration purposes only, forestcomputer.com makes full
back-ups of websites weekly, and backups of new/changed data nightly; however,
forestcomputer.com makes no guarantees of any kind, either expressed or
implied, as to the integrity of these back-ups. You are responsible to maintain
local copies of your website. If loss of data occurs due to an error of
forestcomputer.com, forestcomputer.com will attempt to recover the data for no
charge. Otherwise, forestcomputer.com will attempt to recover the data from the
most recent archive for a £40 fee.
1.6. forestcomputer.com reserves the right to monitor its systems
electronically and to access and disclose any information as permitted or
required by any law, regulation or other governmental request to operate its
systems properly, to protect itself or its accountholders or for any other
reason it in good faith deems necessary. forestcomputer.com will fully
cooperate with law enforcement authorities in investigating suspected
lawbreakers and reserves the right to report to law enforcement any suspected
illegal activity it becomes aware of. It is not forestcomputer.com's intention
that its Services or facilities be used in contravention of the Communications
Decency Act of 1996 (the "CDA") or any other applicable law.
1.7. You agree to comply with the requirements of the CDA and the Digital
Millennium Copyright Act (the "DMCA") and acknowledge that forestcomputer.com
is a "service provider" under the DMCA and is therefore immune from liability
under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA,
forestcomputer.com will accommodate standard technical measures used to
identify and protect copyrighted works, and, as further described herein,
forestcomputer.com has a policy of terminating accountholders who are repeat
copyright infringers.
1.8. Websites are unmodified forums containing the personal opinions and other
expressions of the persons who post entries on a wide range of topics. Neither
the content of websites located on forestcomputer.com's servers nor the links
to other websites are screened, approved, reviewed or endorsed by
forestcomputer.com. forestcomputer.com is not a publisher of any of the content
of websites, or of any content that may be available through the links to and
from them, and is acting solely as an Internet web-hosting service provider.
The text and other material on such websites are the opinion of the specific
author and are not forestcomputer.com's statements of advice, opinion or
information.
2. Limited Warranty; Limitation of Liability; Indemnification
2.1. Limited Warranty. You acknowledge that the Services are provided "as is."
Neither forestcomputer.com, nor any of its employees or agents, warrants that
the Services will be uninterrupted, error free or free from viruses or other
harmful components. forestcomputer.com is not responsible for and hereby
disclaims any warranties, either expressed or implied, regarding the quality,
accuracy, or validity of the data and/or completeness, noninfringement,
merchantability or fitness for a particular purpose of information available on
its servers or residing on or passing through its interconnecting networks. Use
of information obtained from or through the Services is at your risk. Under no
circumstances will forestcomputer.com be liable to you or any other person for
any loss or damage caused by your reliance on information available on its
servers or obtained through the Services.
2.2. Limitation of Liability. IN NO EVENT SHALL FORESTCOMPUTER.COM BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION
OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS
AGREEMENT OR YOUR USE OR INABILITY TO USE FORESTCOMPUTER.COM'S SERVICES
(INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF FORESTCOMPUTER.COM'S SERVERS),
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, EVEN IF FORESTCOMPUTER.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FORESTCOMPUTER.COM'S MAXIMUM
LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO FORESTCOMPUTER.COM FOR THE
SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE
LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, FORESTCOMPUTER.COM'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY
LAW.
2.3. Indemnification. You agree to indemnify, defend and hold
forestcomputer.com and its affiliates, directors, officers, employees and
agents harmless from and against any liabilities, losses, damages or costs,
including reasonable attorneys' fees, resulting from any third-party claim,
action, dispute or demand related to your use of the Services, your violation
of any of the provisions of this agreement or from your placement or
transmission of any materials or content onto forestcomputer.com's servers.
Such liabilities may include, but are not limited to, those arising from the
following: (a) with respect to your business, (i) infringement or
misappropriation of any intellectual property rights; (ii) defamation, libel,
slander, obscenity, pornography, or violation of the rights of privacy or
publicity; or (iii) spamming, or any other offensive, harassing or illegal
conduct or violation of the acceptable uses described herein or anti-spam
policy; (b) any damage or destruction to forestcomputer.com's equipment or to
any other accountholder, which damage is caused by or otherwise results from
acts or omissions by you, your representative(s) or your designees; (c) any
personal injury or property damage arising out of your activities related to
the Services, unless such injury or property damage is caused solely by
forestcomputer.com's gross negligence or willful misconduct; and (d) any other
damage arising from your equipment or your business.
3. Payment of Fees
3.1. forestcomputer.com will publish a notice of fee increases 30 days before
such increases take effect via e-mail. A listing of current monthly, quarterly,
semi-annual and annual fees (each, a "Payment Interval") can be found at
http://www.forestcomputer.com.
3.2. You agree to provide forestcomputer.com with accurate and complete billing
information, including your legal name, address, telephone number, e-mail
address and applicable payment date and to update this information immediately
if any change occurs. Payments must be submitted in advance of receiving the
Services.
3.3. You acknowledge that Paypal will bill your credit card on behalf of
forestcomputer.com prior to the Payment Interval you have chosen. You authorize
automatic billing by Paypal on an on-going basis during the term of this
Agreement.
3.4. Delinquent accounts are those that remain unpaid at the beginning of the
next Payment Interval. The Services will be suspended if your account is
delinquent. Notwithstanding any other rights forestcomputer.com may have in
this Agreement, all of your website contents will be destroyed if your account
is delinquent for 60 days. forestcomputer.com accounts continue to accrue
charges while they are delinquent or if the Services are suspended.
3.5. You acknowledge responsibility for your account until payment in full is
made.
4. Acceptable Uses
4.1. Use and Misuse of the Services. All complaints of abuse, violation and
misuse of the Services, whether described in this Section 4 or otherwise, shall
be investigated promptly. If you are not sure if your actions will be an abuse,
violation or misuse, please ask first: abuse@forestcomputer.com.
You are responsible for all use of your website, with or without your knowledge
or consent.
You agree to use the Services only for lawful purposes, in compliance with all
applicable laws. Illegality includes, but is not limited to, drug dealing;
attempting without authorization to access a computer system; pirating
(distributing copyrighted material in violation of copyright law, specifically
MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud;
trafficking in obscene material; sending a message or having content that is
obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse,
threaten, or harass another person; threatening bodily harm or damage to
individuals or groups; violating U.S. export restrictions; stalking; or
violating other state or federal law, such as the Electronic Communications
Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act.
Linking to illegal material is also prohibited.
When forestcomputer.com becomes aware of possible violations of this agreement,
forestcomputer.com may initiate an investigation that may include gathering
information from you and the complaining party, if any, and examination of
material on forestcomputer.com's servers.
forestcomputer.com, in its sole discretion, will determine what action will be
taken in response to a violation on a case-by-case basis. Violations of this
Agreement could subject you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD FORESTCOMPUTER.COM
HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY FORESTCOMPUTER.COM AS
PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A
RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS
MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM
FORESTCOMPUTER.COM AS A RESULT OF FORESTCOMPUTER.COM'S DECISION TO REMOVE
MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE
ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A
RESULT OF FORESTCOMPUTER.COM'S CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS
WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
4.2. Use and Misuse of Materials. Materials in the public domain (e.g., images,
text, and programs) may be downloaded or uploaded using the Services. You may
also re-distribute materials in the public domain. You assume all risks
regarding the determination of whether the material is in the public domain.
You are prohibited from storing, distributing or transmitting any unlawful
material through the Services. Examples of unlawful material include, but are
not limited to, threats of physical harm, child pornography, and copyrighted,
trademarked and other proprietary material used without proper authorization.
Pornography and sex-related merchandising, or links to such material, even if
legal, are not acceptable uses of forestcomputer.com's servers. You may not
post, upload or otherwise distribute copyrighted material on
forestcomputer.com's servers without the consent of the copyright holder.
Unacceptable uses of website content also include the presence of the following
programs or the activities associated with them, regardless of whether or not
any actual intrusion results in the corruption or loss of data: server
broadcast messages or any message sent on an intrusive basis to any directly or
indirectly attached network; attempts to circumvent any user authentication or
security of host, network, or account; accessing data not intended for user;
probing the security of any network; spawning dozens of processes; port scans,
ping floods, packet spoofing, and forging router information; denial of service
attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and
teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.
forestcomputer.com supports free speech on the Internet and will not suspend or
cancel your account simply because it disagrees with your views expressed at
your website. However, examples of unacceptable activities include posting
private information about a person without his or her consent, defaming a
person or business, and knowingly making available code that will have a
deleterious effect on third-party computers. Where there are allegations that
your on-line activity has violated the legal rights of a third party,
forestcomputer.com will not substitute itself for a court of law in deciding
tort claims raised by the third party.
4.3. Email Use. Unacceptable affronts to netiquette and unacceptable activities
include, but are not limited to, the following: spamming (sending unsolicited
advertising to those with which you have no existing business relationship and
posting off-topic advertising in newsgroups); spoofing (using a return email
address that is not the valid reply address of the sender or sending an email
message that does not contain enough information to enable the recipient to
identify you); passive spamming (promoting a website hosted by
forestcomputer.com by spamming from some other source); trolling (posting
controversial messages in newsgroups to generate responses); mailbombing
(inundating a user with email without any serious intent to correspond or
sending large or multiple files to a user); generating a higher volume of
outgoing mail than a normal user (over 10% of available system resources);
propagating chain letters; and subscribing someone else to an electronic
mailing list without that person's permission. A message is considered
unsolicited if it is posted in violation of a newsgroup charter or sent to a
recipient who has not requested the message. Making an email address available
to the public does not constitute a request to receive messages. Distribution
of mass emailing programs is also prohibited. All recipients on a mailing list
must have personally subscribed. Mailing lists may not be used to distribute
unsolicited email. If you are repeatedly mailbombed or attract such behaviour,
the Services will be terminated.
You should not send email to any user who does not wish to receive it, either
at forestcomputer.com or elsewhere. forestcomputer.com recognizes that email is
an informal medium; however, you must refrain from sending further email to a
user after receiving a request to stop.
You may not alter the headers of email messages to disguise their identity or
to prevent users from responding to the messages. forestcomputer.com may
disclose the usernames of accounts responsible for forged email messages to
system administrators or users requesting the information.
Violations of the forestcomputer.com policies outlined herein can sometimes
result in massive numbers of email responses. If you receive so much email that
forestcomputer.com resources are affected, forestcomputer.com staff may shut
down your mailbox.
4.4. System Security. You are prohibited from utilizing the Services to
compromise the security of system resources or accounts on servers at
forestcomputer.com or at any other site. Use or distribution of tools designed
for compromising security or containing viruses or trojans are prohibited.
Examples of these tools include, but are not limited to, password guessing
programs, cracking tools or network probing tools.
If you are involved in violations of system security, forestcomputer.com
reserves the right to release all usernames of users involved in such
violations to system administrators at other sites in order to assist them in
resolving security incidents. forestcomputer.com will also fully cooperate with
law enforcement authorities in investigating suspected lawbreakers.
4.5. System Resources. System abuse includes any use of forestcomputer.com
resources that disrupts the normal use of its servers or services for others.
Examples of system abuse include running excessive numbers of processes or
consuming excessive amounts of CPU time, memory or disk space.
4.6 SQL / Database Server. You are prohibited from using forestcomputer.com's
SQL / Data servers from remote servers. Using forestcomputer.com's sql servers
from remote servers is a violation of forestcomputer.com's terms and
conditions. One example of the violation is you have a website hosted at
another location and you are using forestcomputer.com's sql servers for storing
the data. Connections outside of our Network are not permitted unless it is a
program used to create and maintain your database like Enterprise Manger.
5. forestcomputer.com's Right to Terminate Agreement
(a) forestcomputer.com reserves the right to suspend or terminate the Services
to you and remove or prevent access to any material from your website at any
time, without prior notice or liability, for any conduct that
forestcomputer.com, in its sole discretion, believes violates this agreement or
is otherwise harmful to forestcomputer.com's interests or the interests of
other accountholders. (b) forestcomputer.com also reserves the right to comply
with the take-down provisions of the DMCA and to seek injunctive, declaratory,
interpleader or other judicial or equitable relief (and, pending such action,
to suspend all access to your website) if any third-party claim is made that
your website content or use violates any of the acceptable uses or your
obligations or representations described in this Agreement.
6. Cancellation of Accounts
6.1. You may cancel your forestcomputer.com account by emailing Customer
Service (support@forestcomputer.com). Charges for cancelling accounts are not
prorated on a monthly basis. No refunds are given on any accounts that are
pre-paid in advance unless they are cancelled within the first 30 days of when
the account was established.
6.2. All forestcomputer.com accounts must be paid in full before the
cancellation will be considered complete.
6.3 When cancelling an account, cancellations take effect immediately and do
not continue for the amount of your term left on your account.
forestcomputer.com does not give refunds on the remaining term left on an
account that was cancelled after the charges have been billed.
forestcomputer.com will send out an invoice via e-mail 5 days prior to billing.
Customer must inform forestcomputer.com of cancellation prior to the new
billing date. Any charges that incurred after the billing date and cancellation
are non-refundable. It is customer's responsibility to make sure that
forestcomputer.com has accurate e-mail address / billing information on file
for the invoices to reach you.
6.4. If your account is suspended or terminated for any reason permitted by
this Agreement, forestcomputer.com may, at its sole discretion, permanently
delete your website contents from forestcomputer.com servers, and
forestcomputer.com will not be able to reopen or restore such content. If your
account has been cancelled or suspended due to a violation of our Terms and
Conditions and Acceptable use policy no refunds will be given on any pre-paid
term.
7. Arbitration; Governing Law
7.1. Except for forestcomputer.com's compliance with take-down provisions of
the DMCA or injunctive or other equitable actions initiated by
forestcomputer.com pursuant to Section 5(b), if any controversy or dispute
arises in connection with this agreement, the Services or your use of
forestcomputer.com's servers, such controversy or dispute shall first be
presented for resolution by forestcomputer.com and you. If no resolution is
reached within 7 days thereafter, then such controversy or dispute shall be
resolved by binding arbitration in Clarkston, Michigan, under the then-current
rules of commercial arbitration of the American Arbitration Association. Each
party shall select an arbitrator with expertise in computer law and the
Internet, and these two arbitrators shall select the third arbitrator with such
expertise. The validity, terms, performance and enforcement of this Agreement
shall be governed and construed by its provisions and in accordance with the
laws of the State of Michigan (without regard to conflicts of laws principles).
7.2 You hereby irrevocably and unconditionally consent to submit to the
exclusive jurisdiction of the state and federal courts located in Detroit,
Michigan, for any action, suit or proceeding arising out of or relating to
Section 5(b) of this Agreement and the arbitration contemplated by this Section
7.
8. Miscellaneous
You may not assign your rights and obligations under this Agreement without the
prior written consent of forestcomputer.com, which may be withheld at
forestcomputer.com's discretion. Nothing contained in this Agreement shall be
construed as creating any agency, partnership, or other form of joint
enterprise between the parties. The failure of forestcomputer.com to require
your performance of any provision hereof shall not affect the right to require
such performance thereafter; nor shall the waiver by forestcomputer.com of a
breach of any provision hereof be taken or held to be a waiver of the provision
itself. Any action for any claim arising under, or in connection with, this
Agreement must be commenced by you within one year after the alleged cause of
action has accrued or after the date of termination of this Agreement,
whichever is earlier. In the event that any provision of this Agreement is
deemed unenforceable or invalid, such unenforceability or invalidity shall not
affect the remainder of this Agreement. Such provision may be amended or
replaced with one that is valid and enforceable and which achieves, to the
extent possible, the original objectives and intent of the parties as reflected
in the original provision. No provision of this Agreement may be amended or
modified by you except by means of a written document signed or expressly
assented to by forestcomputer.com. All terms and conditions of this Agreement
that should by their nature survive termination of this Agreement shall so
survive. This Agreement and the Online Order form, together with all amendments
or modifications to any of them, constitute the complete and exclusive
agreement between you and forestcomputer.com and supersede and govern all prior
proposals, agreements, or other communications.