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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. |
