Terms and Conditions and Acceptable Use Policy
This User Agreement (the 'Agreement') governs the terms of the use by Client of services offered by Raleigh Networks ('Provider'), The Provider agrees to provide, and Client agrees to receive, access to the services according to the following terms and conditions:
Term and Cancellation
The client agrees to a minimum 1 month term of service after which this Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Not withstanding the above, the Provider may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.
Lawful Purpose and Acceptable Use
Client may only use the Provider's 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, pornographic, profane, or material protected by trade secrets.
The following are not allowed on our servers:
We do not allow unlimited usage of CPU, Bandwidth, or Disk Activity.
Any program or User who causes the servers performance to be adversely affected, or who monopolizes
the servers CPU, Bandwidth, or Disk Activity will be asked to curtail the activity or reduce usage.
Any user who's site or software threatens the availability of services to other customers may be
disabled immediately if we feel that it is necessary to protect our other clients interest. Violations
of any of our policies may result in account termination or suspension.
Representations and Warranties
The parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, the Provider can make no guarantee that any given reader shall be able to access The Provider's server at any given time. The Provider 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.
THE PROVIDER'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
The Provider claims no control whatsoever over the content of the information passing through the service and makes no warranties of any kind, whether expressed or implied, for the service it is providing. The Provider also disclaims any warranty of merchantability or fitness for a particular purpose.
THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.
The Provider is not responsible for any damages arising from Client's
use of Provider or by Client's inability to use the services for any reason. Further, client agrees to
indemnify and hold harmless the Provider from any claims resulting from client's use of the service which
damages client or another party.
Limitation/Disclaimer of Liability
Under no circumstances, including negligence, shall the Provider, its
offices, agents or any one else involved in creating, producing or distributing the Provider'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 Provider 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 the Provider's records, programs or services. Client hereby
acknowledges that this paragraph shall apply to all content on the Provider's Server service.
Client agrees that it shall defend, indemnify, save and hold the Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against the Provider, 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 Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless the Provider against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with the Provider's Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Provider Server.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of Agreement and must be made in writing and signed by both parties.
(a) All prior understandings, agreements, representations and
warranties, oral or written, between the Client and the Provider are merged in this agreement;
it completely expresses their full agreement and has been entered into after full investigation,
neither party relying upon any statement made by anyone else that is not set forth in this contract.
Further, this Agreement contains the entire agreement between the parties with respect to these
matters and there are no promises, agreements, conditions, undertakings, understandings, warranties,
covenants or representations, oral or written, express or implied, between them with respect to this
Agreement, or the transaction described in this Agreement, other than as set forth in this Agreement.
Use of any or all of the Providers services constitutes acceptance of these terms and conditions.
If you have questions or comments regarding our usage policies, please contact us .
Inexpensive Web Hosting - Raleigh Networks