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Acceptable Use Policy
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| This agreement represents
the complete agreement and understanding between
GeoHost and the account holder (hereinafter called
Customer) and supersedes any other written or oral
agreement. Upon notice published on-line via
GeoHost services, GeoHost may modify these terms
and conditions, amplify them, and/or modify the
prices, as well as discontinue or change services
offered. |
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If you do not agree to
these terms and conditions, please notify our Billing
Department at (403) 265-0691 ext 201 so we can initiate
a closure of your account. USE OF YOUR ACCOUNT shall
constitute your approval.
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| 1. GeoHost makes no warranties
of any kind, whether expressed or implied, for the
service it is providing. GeoHost also disclaims
any warranty of merchantability or fitness for a
particular purpose. GeoHost will not be responsible
for damages the customer suffers. This includes
loss of data resulting from delays, non-deliveries,
misdeliveries, or service interruptions caused by
its own negligence, subscriber's errors or omissions,
or due to the fault of third parties. |
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| 2. Services provided
to the Customer by GeoHost may only be used for
lawful purposes. Transmission or publication
of any information, data or material in violation
of any Canadian or U.S. Federal or state regulation
or law is prohibited. This includes, but is
not limited to, material protected by copyright,
trade secret or any other statute, threatening material
or obscene material. GeoHost reserves the
right remove any and all materials which infringe
on copyright work. Such materials will be removed
at any time upon receiving a complaint and or notice
of copyright infringement. |
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| 3. Customer agrees to
defend, hold harmless and expeditiously indemnify
GeoHost from any liability, claim, loss, damage
or expense arising out of the indemnifying party's
breach or violation of any covenant contained in
this Policy and resulting from the Customer's use
of the service. |
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| 4. GeoHost accounts cannot
be transferred or used by anyone other than the
subscriber. Customers may not sell, lease,
rent or assign the connection or parts of the connection
to any party not named in this Policy. Customer
may allow ftp access to its server and host web
sites for its customers without violating this Policy.
Network bandwidth charges in excess of allocated
amount will be assessed from access log reports
generated by the HTTPD server. |
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| 5. GeoHost reserves the
right to cancel service for any reason without prior
notice. In case of cancellation, unused fees
may be returned to the subscriber on a pro-rata
basis. Fees for setup and the first month's
service are not refundable. If a customer re-registers
after GeoHost's cancellation of the account without
GeoHost's written consent, GeoHost will cancel Customer's
account and all dues and fees paid to date regardless
of whether service has been rendered will be forfeited.
Additionally, any amounts due will be immediately
payable. |
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| 6. Setup fees are not
refundable. |
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| 7. At the time of account
cancellation, a Cancellation Code will be provided.
If accounts are billed in error after the Cancellation
date, credits will only be issued with a valid GeoHost
Cancellation Code. If cancellation is done
in writing, it will be the responsibility of the
Customer to contact GeoHost for the Cancellation
Code. |
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| 8. Customer agrees not
to transmit, promote, or otherwise make available
any software, product or service that is either
illegal or designed to violate this Agreement. Such
software, products or services include, but are
not limited to, programs designed to send unsolicited
advertisements (i.e. "spamware") and services
which send unsolicited advertisements. |
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| 9. GeoHost requires that
its agreements be made with a person who is qualified
to contract. As such, subscriber must be over
the age of eighteen (18) years. Otherwise, a parent
or guardian must accept this agreement and enclose
the proper payment. GeoHost cannot accept payments
from persons who are not at least eighteen (18)
years of age, nor can we accept agreements from
persons who are not at least eighteen (18) years
of age. |
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| 10. Geo_Hosting will
not host any web site with PORNOGRAPHIC contents
or any CASINO sites. |
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11. Customer shall ensure
that its use of GeoHost's network services shall
not disrupt GeoHost, its associated networks or
equipment forming part of the systems. In
instances in which an excessive amount of system
resources are utilized by a subscriber, GeoHost
reserves the right to place CPU process limits on
the Customer's account to prevent disruption of
service to other customers. Customers 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 GeoHost
user or to any directly or indirectly attached network.
Use of GeoHost's connection in a manner that is
disruptive, damaging, unlawful, offensive, or intrusive
as determined by GeoHost shall be considered a breach
of this Policy and may result in cancellation of
service. This prohibition extends to sending
of unsolicited mass mailings from another service
which in any way implicates the use of GeoHost's
service, GeoHost's equipment or any site hosted
on any GeoHost network.
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| 12. Customer warrants
that any material submitted for publication on GeoHost
does not violate or infringe any copyright, trademark,
patent, statutory common law or proprietary interest
of others or contain anything obscene or libelous.
GeoHost reserves the right to remove any and all
materials which infringe on copyright work.
Such materials will be removed at any time upon
receiving a complaint and or notice of copyright
infringement. |
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| 13. If GeoHost becomes
aware of material that could be infringing on a
third party's copyright, it will initiate an investigation.
To conduct an investigation of copyright infringement,
the Complainant must submit at least two items.
First, Complainant must submit a claim in writing
with the applicable copyright or trademark registration
number and a copy of the underlying copyrighted
work along with the Customer's materials. Second,
Complainant must offer a good faith certification
signed under penalty of perjury. This certification
must state that the work is the property of the
Complainant, that the work has been copied and that
use of the work is not defensible. With this
information in-hand, GeoHost, at its discretion,
may, at any time deny access to the challenged material
of Customer. |
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| 14. Use of other organizations'
networks or computing resources is subject to their
respective permission and usage policies. |
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| 15. Transferring your
domain to another provider does not constitute canceling
your GeoHost account. You must notify GeoHost to
formally cancel your account with GeoHost to avoid
further charges. |
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| 16. On occasion,
GeoHost may have a need to communicate with its
customers through e-mail issues related to billing,
as well as changes, additions and modifications
to the network. It is the responsibility of
the customer to check e-mail sent to the primary
login e-mail address on the account. |
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| 17. It is the responsibility
of the customer to contact GeoHost of any changes
to their account, such as phone number, address,
credit card information, etc. Customers will
be required to provide verification for security
purposes authorizing them to make any changes to
that account. |
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