TERMS AND CONDITIONS


To use these services constitutes the acceptance of these terms and conditions in their latest form.

Reseller Status:
4urweb is committed to provide you with a fast, reliable hosting service combined with unsurpassed customer service, however our services are available only to selected individuals who are serious about web hosting, for this reason in order to maintain your reseller status is agrees as follows:

Website Content:
Your Website content will remain under your domain; your domain will not be made available to any other entity unless you specifically request it. You have the right to retain files that you seek to hold on your Website as long as they do not violate our terms and conditions. You are not allowed to publish any material that under 4urwebs discretion: violates local, state, federal, or international laws; has obscene or pornographic material, threatens the Internet community, encourages criminal mischief, or material that could give rise to civil liability.

Adult Related Websites:
4urweb has a zero-tolerance policy on all adult related websites. We do not seek to abridge users' constitutional rights, but we uphold all laws applicable to the content of sites hosted on our servers. The average "Adult Site" gets more hits than 50 standard Websites combined. Some adult sites get around 5 to 10 GB of transfer per day. Our servers would be severely slowed with these types of resources being utilized. We would even be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive; therefore, adult sites are not allowed.

Warez Sites:

Warez Sites are sites that are typically used by "hackers" to trade (upload/download) illegally pirated copies of software programs with one another. 4urweb has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for "warez" programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.

Other Unacceptable Content:
Illegal Material or material that is against public policy, material that may be detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, etc., or anything else that may be considered detrimental or illegal.) 4urweb will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to terminate an account at any time for any reason without refund.

Shell Accounts:
Shell accounts are available for the purpose of editing and setting up your web site. Shell accounts should not be used as a development platform for issues unrelated to your web site. Users must not leave their home directories at any time and must not attempt to gain the privileges of another user. In the event that such user causes any server crashes/damages, and/or interferes with any of the following files their shell access privileges will be revoked and denied for any future use: .bash_history, .bash_logout, .bash_profile, .bashrc. Before shell access can be enabled on your account, you will need to print this form and fax it to 1-760-491-2187 along with a copy of your drivers license, passport or other legal document.

IRC:
We DO NOT allow IRC or IRC bots to be operated on our servers. This includes any application that utilizes Raw Sockets and/or ICMP Packets to short-circuit the TCP/IP stack.

Spamming:
Sending the same, or substantially similar, unsolicited email message, whether commercial or not, to more than one recipient (known as "spamming") is strongly disfavored among Internet users and Internet service providers. 4urweb is committed to a zero-tolerance anti-Spamming policy. You are not allowed to use your 4urweb hosting account or email accounts to send unsolicited email. Our "Spamming" rules also apply to mailing lists. Mailing lists are only to be focused at an audience that has voluntarily signed up for your email information or that has made their email address available for distribution of information from you. If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse@4urweb.com.

Newsgroup Spamming:
Defined as excessive cross-posting, or posting the same article to several newsgroups. This is prohibited. Accepted standards allow no more than 15 newsgroups, or cross-postings, for a single article or similar articles.

Accounts that violated our spamming policies WILL BE TERMINATED without a refund.

Network Abuse:
Shared hosting accounts, as the name implies operate on shared network resources. This means that there are several hosting accounts per server. Excessive use or "abuse" of these network resources by one customer have a negative impact on all other customers. In all fairness, you are not allowed to deliberately consume network resources in an excessive manner, this includes but is not limited to: CPU time, memory, and disk space. You are also not allowed to use resource-intensive programs that can negatively impact other customers or the performance of our systems. High Network traffic and throughput is not a problem for 4urweb, but extreme network traffic or uploading and downloading can sometimes create problems. 4urweb servers are configured to shut off any account when its bandwidth allowance is exceeded. You are allowed to exceed your maximum bandwidth allowance without being shut off as long as you notify 4urweb in advance, however, you will be billed $5.00 for each additional GB of throughput on your next billing cycle.

Illegal/Unauthorized Access to Other Computers or Networks:
The illegal or unauthorized accessing (often known as "hacking" or "cracking") of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states. 4urweb reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

Other activities:
Whether lawful or unlawful, that 4urweb determines to be harmful to its customers, operations or reputation, including activities that restrict or inhibit any other user from using and enjoying our services.

Payments:
All web hosting accounts must be paid in advance with a credit card or in the instance of this agreement through the U.S. Banking system and will be billed automatically on a monthly basis. In the event that a credit card is declined, the customer will be notified by email. Past due accounts that are not brought current within ten (10) days of the first failed attempt will be subject to termination.

Taxes:
Client will pay and indemnify and hold 4urweb harmless from any and all taxes associated with or arising from client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof

Refunds:
Reseller accounts are entitled 7 days grace period upon account setup.

Cancellations:
4urweb reserves the right to cancel any member for violating any of these Terms and Conditions without any refund of service.
If you wish to cancel your services with 4urweb, please email our accounting department at billing@4urweb.com. You can cancel your Web Hosting account at any time, however, we do require 30 days notice in order to complete your current billing cycle.

Interruptions of Service:
Due to the nature of the service provided, an interruption could occur for many reasons beyond 4urweb negligence. Damages resulting from any interruption of service are too difficult to ascertain. 4urweb shall not be liable for any damages that arise from such causes. 4urweb liability for its own negligence may not in any event exceed an amount equivalent to charges payable for your specific hosting plan during the period damages occurred.

Data Backups:
4urweb makes full backups every week, and backups of new and changed data every night. No guarantees are made of any kind, either expressed or implied as to the integrity of these backups. Backups are made for server restoration purposes only. It is your responsibility to maintain local copies of your web content. If for any reason a loss of data occurs, we will attempt to do our best to recover such data. We reserve the right to delete user’s files after one or both parties terminates agreement.

Limitation of Liability:
In no event shall 4urweb be liable for damages resulting from loss of data, profits, or for any incidental, indirect, punitive or consequential damages in connection with these terms and conditions or in connection with any web hosting account. In no event 4urweb cumulative liability exceed an amount equivalent to charges payable for your specific hosting plan during the period damages occurred.

Privacy:
4urweb will not sell or disclose your information with anyone without your explicit consent. 4urweb cooperates with those attempting to minimize Internet abuse, and reserves the right to institute mechanisms as part of its efforts to reduce such abuse. 4urweb will not monitor or disclose your email messages unless required to do so by court order or law, however, 4urweb will cooperate with law enforcement authorities and will notify such authorities if it suspects illegal activities.

Billing:

You are solely responsible for billing your customers. 4urweb does not bill nor will provide billing and/or accounting assistance to you.

Technical Support:
You, as a reseller are entitled to receive "Free Technical Support", however, technical support is only available via email and is limited to issues directly related to Web Hosting such as server connectivity, http, ftp and email services. 4urweb does not provide technical support for configuring, using and/or troubleshooting third party applications including but not limited to: Mailman Mailing Lists, MySQL Databases, Interchange / Agora Shopping Carts and CGI Scripts. Most answers to your questions may be on our support pages available at: http://support.4urweb.com. 4urweb.com WILL NOT provide technical support to your customers. You are solely responsible for providing direct support to your customers.


Violation of Terms by 3rd Parties:
Actual or attempted violations of these terms and conditions by a customer's end user shall be considered violations of the terms by the customer regardless of intention and will be acted upon accordingly. Your customers have to abide by the same terms and conditions as you do, or we have the right to cancel any of your reseller accounts, in addition, if you abuse our services, we reserve the right to cancel your account, which will also cancel your customers' accounts.


CUSTOMER AGREES TO HOLD 4URWEB HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST 4URWEB, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO HOLD HARMLESS 4URWEB AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH 4URWEB SERVERS; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM 4URWB SERVERS.

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