Cleowin Resources

Cleowin Resources Hosting Terms of Service

• WHEREAS, Cleowin Web Hosting is an information provider connected to the Internet Cleowin Web Hosting offers storage and transfer services over the Internet through access to its Web Server;
• WHEREAS, Customer seeks to utilize Cleowin Web Hosting’s server for its own purposes;
• WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Cleowin Web Hosting can make no guarantee that any given reader shall be able to access Cleowin Web Hosting’s server at any given time.
• Cleowin Web Hosting represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
• THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

MATERIAL PRODUCTS

• Customer will provide Cleowin Web Hosting with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of Cleowin Web Hosting. Cleowin Web Hosting shall make no effort to validate this information for content, correctness or usability.
• Cleowin Web Hosting will exercise no control whatsoever over the content of the information passing through the network.
• The customer agrees to make use of Cleowin Web Hosting servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose.. Cleowin Web Hosting servers are not intended as a data backup or archiving service. Cleowin Web Hosting reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion.
• Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run, etc.) are not encouraged. Any application that listens for inbound network connections (even if the application would otherwise be allowed) are not permitted. BitTorrent clients, proxy servers/scripts, IRC bots and bouncers (BNC) specifically may not be run on any Cleowin Web Hosting server. If your processes are adversely affecting server performance disproportionately Cleowin Web Hosting reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.
• The Customer agrees to hold only one (1) active web hosting service plan at any given time with Cleowin Web Hosting. Signing up for multiple plans is grounds for termination of all plans, including the first one, without warning.
• Cleowin Web Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Cleowin Web Hosting also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Cleowin Web Hosting is at the Customer’s own risk, and Cleowin Web Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Cleowin Web Hosting expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
• Cleowin Web Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, Cleowin Web Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on Cleowin Web Hosting’s Server. Cleowin Web Hosting agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Cleowin Web Hosting. If the Customer fails to modify the material, as directed by Cleowin Web Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

TRADEMARKS & COPYRIGHTS

• Customer warrants that it has the right to use the applicable trademarks, if any.

HARDWARE, EQUIPMENT, & SOFTWARE

• The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Cleowin Web Hosting.
• Cleowin Web Hosting makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Cleowin Web Hosting service.

INTERNET ETIQUETTE

• Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Cleowin Web Hosting may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Cleowin Web Hosting. All messages transmitted via Cleowin Web Hosting should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
• Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning of either Cleowin or external computers and Denial Of Service attacks of any kind.

LIMITED LIABILITY

• Customer expressly agrees that use of Cleowin Web Hosting’s Server is at Customer’s sole risk. Neither Cleowin Web Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Cleowin Web Hosting’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Cleowin Web Hosting Server service, unless otherwise expressly stated in this contract.
• Under no circumstances, including negligence, shall Cleowin Web Hosting, its offices, agents or any one else involved in creating, producing or distributing Cleowin Web Hosting’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Cleowin Web Hosting Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Cleowin Web Hosting’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Cleowin Web Hosting’s Server service.
• Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

LAWFUL PURPOSE

• Customer may only use Cleowin Web Hosting’s Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on Cleowin Web Hosting’s Server.
• Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Cleowin Web Hosting’s Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at Cleowin. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.

INDEMNIFICATION

• Customer agrees that it shall defend, indemnify, save and hold Cleowin Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Cleowin Web Hosting, its agents, its customers, servants 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 Cleowin Web Hosting against Liabilities arising out of
• any injury to person or property caused by any products sold or otherwise distributed in connection with Cleowin Web Hosting’s Server;
• any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
• copyright infringement;
• any defective product which Customer sold on Cleowin Web Hosting Server.

CONTRACT REVISIONS

• Revisions to this Contract will be applicable to previous Contracts

TRANSFER

• Customer may not transfer this contract without the written consent of Cleowin Web Hosting.

CONTRACT

• These Terms and Conditions constitutes the entire Contract and understanding of the parties.