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   Acceptable Use Policy and Customer Agreement

 

This Acceptable Use Policy constitutes an Agreement between Wired Hosting and it's account holders ("Customers") and System Users. This Agreement applies to all Wired Hosting Customers and all users of Wired Hosting servers, including FTP access account holders and all users accessing any World Wide Web server hosted on Wired Hosting servers and related systems ("System Users"). This Agreement represents the complete agreement and understanding between Wired Hosting and its Customers and System Users and supersedes any other written or oral agreement. Upon notice published on-line via Wired Hosting's web site, (http://www.wiredhosting.com) Wired Hosting may modify the terms and conditions of this Agreement. Wired Hosting reserves the right to discontinue or change services offered.

USE OF YOUR ACCOUNT CONSTITUTES YOUR APPROVAL AND ACCEPTANCE OF THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT IS A CONDITION TO USE OF THE WIRED HOSTING SYSTEM AND OR WIRED HOSTING UPSTREAM PROVIDERS.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE THE WIRED HOSTING SYSTEM. IF YOU ARE AN ACCOUNT CUSTOMER, PLEASE NOTIFY OUR BILLING DEPARTMENT AT 1-925-513-1239 SO WE CAN INITIATE CLOSURE OF YOUR ACCESS ACCOUNT.

Terms and Conditions and Acceptable Use

1. Limitation of Warranty

Wired Hosting makes no warranties of any kind, whether express or implied, for the service it is providing. Wired Hosting also disclaims any warranty of merchantability or fitness for a particular purpose. Wired Hosting will not be responsible for damages suffered by any Customer, including, without limitation, incidental or consequential damages or lost profits. This includes loss of data resulting from delays, non-deliveries, misdeliveries, system failures or service interruptions caused by any source whatsoever, including Wired Hosting's own negligence, subscriber's errors or omissions, or due to the fault of third parties. Customers understand and agree that Wired Hosting undertakes no obligation to maintain, protect or safeguard Customer's data stored on any Wired Hosting equipment and Customer agrees to accept responsibility for maintaining backup copies of all such data. Customer agrees to upload and store data to Wired Hosting equipment at Customer's own risk and Customer expressly assumes such risk.

2. Compliance with Law and Intellectual Property Rights

Customers and System Users agree that all services provided by Wired Hosting will be used only for proper legal purposes and in a lawful manner. Transmission or publication of any information, data or material in violation of any U.S., State or international law or regulation is strictly prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret law or any other law, as well as threatening, offensive, harassing, obscene or pornographic material or content. Customers and System Users warrant that any data uploaded for publication on Wired Hosting's web servers does not violate or infringe any copyright , trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous.

3. Removal and Destruction of Illegal or Offensive Data

Customers and System Users agree that Wired Hosting shall have the absolute right to remove any and all materials which, in the sole and unrestricted discretion of Wired Hosting, violate law or fail to conform with this Agreement and the acceptable uses described herein. Such materials may be removed and destroyed at any time, without prior notice.

4. Indemnity

Customers and System Users agree to defend, hold harmless and expeditiously indemnify Wired Hosting from any liability, claim, loss, damage or expense arising out of the Customer's or System User's breach or violation of any term, condition or covenant contained in this Agreement or resulting from the use of any Wired Hosting system, network or service.

5. Use of Network Access

Wired Hosting web server accounts cannot be transferred or used by anyone other than the Wired Hosting Customers or authorized System Users. Customers and System Users may not sell, lease, rent or assign an Internet connection or parts of the connection to any party without the express, prior written approval of Wired Hosting. Use of Network bandwidth is expected to be reasonable and moderate. Wired Hosting reserves the right to imposs additional charges for use of Network bandwidth in excess of reasonable or allocated amounts. Customer will recieve advanced notice of Wired Hosting's intent to impose any such charges.

6. Account Cancellation

Wired Hosting reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees for the current month will not be refunded or pro-rated. Customers must notify Wired Hosting in writing to cancel service. Customers cancelling service during the money back guarantee period (within 30 days of initial signup) will have their monthly service fee fully refunded. To cancel an account you may fax the request to : 925-308-4590 or send via snail mail to :

Wired Hosting
PO BOX 2999
San Ramon, CA 94583

Account cancellation does not remove the customer responsibility of domain name payment to Network Solutions. If Wired Hosting receives a collection notice from Network Solutions for a domain name, the customer will be charged the $70 registration fee + a $30 service charge and forfeit their use of the domain name.

7. Agreements with Minors

Wired Hosting requires that its agreements be made with a person who is qualified to contract. As such, Customers must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and assume responsibility for payment of Wired Hosting services and for Customer's compliance with this Agreement.

8. Disruption of Network Services, Excessive Use

Customers and System Users shall ensure that use of Wired Hosting's network services shall not disrupt Wired Hosting, its associated networks or equipment forming part of Wired Hosting's or the internet's systems. Customers and System Users shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any Wired Hosting user or to any directly or indirectly attached network. Use of Wired Hosting's Internet connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Wired Hosting shall be considered a breach of this Agreement and may result in cancellation of service. It is not acceptable to use Wired Hosting's services and facilities to interfere with or disrupt other network users, services or equipment. Such interference or disruption includes, but is not limited to: - improper, harassing or offensive distribution of unsolicited advertising, - excessive newsgroup cross-posting, - transmissions of any type or quantity that causes disruption of service to others, - propagation of computer worms or viruses, - use of the network to make unauthorized entry to other computer networks, information or communications devices or resources, - sustained, excessive use of Wired Hosting's equipment or network connection without prior arrangement with Wired Hosting.

9. Automated Software and Connections

The installation, compiling, use, or implementation of any of the following are prohibited without express permission: Robots, Bots, Mail Bombs, Syn Bombs or Attacks, Spamming of any kind, etc. Any process that causes excessive use of system resources to the point where other users may be affected is strictly prohibited. Software may not be installed on or compiled on any Wired Hosting server without prior explicit permission. The use of any unattended connection software is prohibited without prior permission. Any violation may result in immediate termination of service.

 
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