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Terms of Service

  

Terms Of Service

This agreement documents the terms of service for web accounts provided by The Handmade Web to the account holder.

1. The account holder is responsible for the actions of account users.

2. Any use which interferes with the servers' ability to function in their primary purpose of publishing web documents is prohibited.

3. Mail abuse (including, but not limited to, mass mailing unsolicited email and email forgery) and usenet news abuse (including, but not limited to, mass crossposting articles and posting unrelated to group topics), whether direct or indirect, whether used externally to promote a site at The Handmade Web or sent via The Handmade Web, is prohibited.

4. Use of The Handmade Web's facilities to provide software or lists for mass mailing unsolicited email is prohibited.

5. Use of The Handmade Web's facilities to commit network abuse (including, but not limited to, denial of service attacks such as ping bombing, email bombing, "smurf", "winnuke", "land", "teardrop", etc.) or otherwise compromise the security of hosts or networks is prohibited.

6. All data stored or transmitted must be legal under all applicable international laws. The account holder is solely responsible for determining the legality of their data which is stored or transmitted. The Handmade Web does not, and will not host adult-oriented web sites, or FTP sites. No pornographic material shall be placed by Account Holder onto the The Handmade Web's servers or Network.

7. Should the account holder become the target of a network attack, The Handmade Web reserves the right to take any necessary actions (including, but not limited to, temporary suspension of the account holder's account) required to return servers or network operation to normal.

8. The Handmade Web will use its best efforts to maintain, but does not guarantee, the privacy of email, network use, and the contents of user directories.

9. Use of The Handmade Web services, including the storage of information, is at the account holder's sole risk. The Handmade Web does not warrant either the results to be obtained from the service or that the service will be uninterrupted or error free. The Handmade Web's services are provided on an "as is" basis without warranties of any kind, either express or implied. Neither The Handmade Web nor anyone else involved in creating, producing, or delivering The Handmade Web services shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of The Handmade Web, the inability to use The Handmade Web, or any breach of any warranty. The provisions of this paragraph will survive termination of this agreement.

10. The account holder will indemnify and hold harmless The Handmade Web against any loss, damage, cost and expense which The Handmade Web may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, trademark or trade name infringement, domain name disputes, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder's use of the service including, without limitation, the expense and cost of defending any and all such claims and actions, except where such claims result solely from the negligence of The Handmade Web's failure to perform its obligations under this agreement. The provisions of this paragraph shall survive termination of this agreement.

11. If The Handmade Web is informed of an alleged copyright or trademark infringement involving an account, The Handmade Web will attempt to notify the account holder of those allegations and secure a response. The Handmade Web may, in its sole discretion, remove or terminate the account containing, on a temporary or permanent basis, materials which The Handmade Web believes may create, constitute, or contribute to copyright or trademark infringements. Account holder expressly waives the right to assert any claims against The Handmade Web for any such removal or termination.

12. Accounts are invoiced yearly. Payment is due when invoiced, with an overdue date specified in the invoice. Overdue accounts may be terminated or suspended at The Handmade Web's discretion. The Handmade Web reserves the right to issue special invoices when the balance due will be more than $200 over the base annual service fee.

13. The Handmade Web may terminate service to the subscriber at any time, without notice, for violation of this agreement. The Handmade Web will not be liable for any damages or harm to the account holder resulting from such termination, included, but not limited to loss of funds for pre-contract payments, loss of business, etc. The Handmade Web reserves the right to refuse re-payment of all funds paid to The Handmade Web for pre-paid account contracts that are terminated for Terms of Service violations. All monies withheld shall be considered payment for "clean up" or repair of the server, its network, etc.

14. The account holder may terminate their account at any time. The request to terminate the account must be in writing. If the account holder has paid in advance for services, the balance due to the account holder will be paid in full, less a $75 early termination fee, by check or credit card chargeback within 15 days of account termination. The account holder may send cancellation request via an email message to billing@thehandmadeweb.com, by postal mail or by fax.

15. Use of a The Handmade Web account indicates acceptance of the terms of this agreement by the account holder.

16. This agreement shall be governed by and construed in accordance with the law of Kenya. This agreement contains the full understanding of the parties with respect to the subject matter hereof. Any email correspondence with the account holder which is in any way inconsistent with, or which adds to, the provisions of this agreement is null and void.