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.
