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Terms &
Conditions
This
Services Agreement (the "Agreement") contains the
complete terms and conditions which govern your subscription of
Web hosting, e-Commerce and other Internet-related services
provided by Sexy-hosting.com, LLC (the "Services"). As
used in this Agreement, "Sexy Hosting" means Sexy Hosting.com,
LLC and "Client", "you", or "your"
means you. By clicking on the "Submit Order" button,
you acknowledge that you have read the Agreement, and you agree
to its terms and conditions and all policies posted on the Sexy Hosting
site. As referred to in this Agreement, "Site" refers
to a World Wide Web site and "Sexy Hosting Site"
refers to the Site located at the URL http://www.sexy-hosting.com
, or any other successor Sites owned or maintained by Sexy Hosting.
1.
APPROPRIATE USE OF THE SERVICES.
Sexy Hosting
provides the Services exclusively and makes no effort to edit,
control, monitor or restrict the content of data other than as
necessary to provide such Services.
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Client
Content. Client
agrees that it will not distribute, electronically
transmit or display any materials supplied by Client - or
through Client by a third party - to any Sexy Hosting
server in connection with Client's use of the Services
which:
violate any state, federal or foreign laws or regulations;
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infringe
on any intellectual property rights (e.g., copyright,
trademark, patent or other proprietary rights) of Sexy Hosting
or any third party;
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are
defamatory, slanderous or trade libelous;
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are
threatening or harassing;
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are
discriminatory based on gender, race, age or promotes
hate
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contain
viruses or other computer programming defects which
result in damage to Sexy Hosting or any third party.
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Bandwidth.
Client may occupy only the amount of disk space on the Sexy Hosting
Server and utilize no more than the network bandwidth that
is allotted by Sexy Hosting. Additional fees, specified in
the Virtual Host plans page, will be charged for exceeding
the disk space and/or network bandwidth allowance of your
selected plan.
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No
"SPAM".
Client shall not use the Services for chain letters, junk
mail, spamming, or any use of distribution lists to any
person who has not given specific permission to be
included in such a process. Client also shall not engage
in any unsolicited email practices at Sexy Hosting, or
otherwise, that mentions or reference any domain hosted on
Sexy Hosting servers or parked on Sexy Hosting DNS
servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER
ACCOUNTS, RESELLERS AND THEIR RESOLD ACCOUNTS, DEDICATED
SERVER CUSTOMERS, AND ALL DOMAINS, NAMES SERVERS AND
PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be
fined! Refer to our UCE (SPAM) Policy).
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Licensed
Software Only.
Client agrees to use only properly licensed third party
software in connection with Client's use of the Services.
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Back-Up
Files. Client will have the ability to reinstate files
which are automatically archived by Sexy Hosting; however,
Sexy Hosting does not guarantee the existence, accuracy,
or regularity of its backup services and, therefore,
Client is responsible for making back-up files in
connection with its use of the Services. Backup capability
is available through the Client’s Control Panel.
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Termination.
Sexy Hosting reserves the right to refuse service to
anyone. Sexy Hosting, in its sole discretion, may
immediately terminate this Agreement if Client engages in
any of the foregoing. To report any unacceptable behavior
by a third party using the Services, please contact abuse@Sexy-Hosting.com.
2. PAYMENT
OBLIGATIONS
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Service
Fees. By the
Tenth (10th) of each month, Sexy Hosting shall either (i)
debit Client's credit card (where such information is
provided by Client) or (ii) deliver by e-mail or regular
mail an invoice to Client in accordance with the
applicable Services fees for services rendered for the
current month. Where an invoice is delivered to Client,
Client shall remit payment to Sexy Hosting by no later
than the specified payment due date. Sexy Hosting shall be
entitled to immediately terminate this Agreement for
Client's failure to make timely payments to Sexy Hosting.
Certain services carry a set-up fee charged by Sexy Hosting
to Client that must be paid by Client in order to have use
of the Services. If Client terminates this Agreement in
accordance with Section 4 hereunder, Client shall be
responsible for any outstanding fees owed to Sexy Hosting
and agrees to pay any and all fees incurred by Client.
Because the Services are provided on a monthly basis,
Client will be responsible for Service fees incurred each
month regardless of when Client provides notice of
termination. Thus, for example, if Client provides notice
to terminate on the 15th of a particular month, Client
will still owe fees for the entire month and such fees
will not be pro-rated or refunded. If Client has retained
the Services for one (1) year and has pre-paid Sexy Hosting
for such Services, refunds will be issued for any unused
full month portions of the Services upon Clients request.
Therefore, if Client's account is cancelled at any point
during the one (1) year term, Client will be entitled to a
refund for the months remaining after notice given by the
25th of the preceding month.
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Domain
Names. If Client
chooses to register a domain name(s) through Sexy Hosting,
Client acknowledges and agrees that Client will pay a
registration fee(s) to register the domain name(s) with
the applicable domain name registrar. Sexy Hosting does
not offer refunds for domain name registrations for any
reason, including misspelling of the domain name.
3. CLIENT
LIABILITY AND INDEMNIFICATION
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The parties
agree that in no event shall Sexy Hosting be liable to any
third party for Client's breach or alleged breach of any
of the terms and conditions set forth in this Agreement.
Client agrees to defend, indemnify and hold harmless Sexy Hosting
from any and all expenses, losses, liabilities, damages or
third party claims resulting from Client's breach or
alleged breach of any Client obligations set forth
hereunder.
4. TERM,
TERMINATION & REINSTATEMENT
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Subject to
the terms and conditions hereof, this Agreement shall be
effective on the date you register for the Services, and
shall continue in effect on a month-to-month basis unless
otherwise specified by separate agreement (the
"Term") unless terminated earlier pursuant to
the provisions of this Section 4. Either party will have
the right to terminate this Agreement upon notice to the
other party. If Client is terminating this Agreement,
Client must follow instructions for cancellation provided
on the Server Cancellation Information page. The essence
of this page states that Client must contact the Sexy Hosting
to receive a cancellation number, which Client shall
retain as proof of termination, and all cancellation
requests must be received by the Twenty-Fifth (25th) of
the respective month of cancellation. Any other attempt by
Client to cancel this Agreement by written or e-mail
notice shall be void. Sections 3 - 8 shall survive
termination or expiration of this Agreement.
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If Client
terminates its account, Client shall be allowed to
re-instate Client's use of the Services within Seven (7)
business days of cancellation. Client shall pay a fee of
Fifty Dollars ($50) prior to any re-instatement of
Client's account. Once payment has been received, Client's
account will be activated within Forty-Eight (48) business
hours. Sexy Hosting will maintain an archival copy of
Client's Web site for Seven (7) days after Sexy Hosting
receives notice of cancellation. Thereafter, Client will
need to place a new order if it wishes to subscribe to the
Services.
5. TAXES
6.
DISCLAIMER OF WARRANTY
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THE
SERVICES, THE Sexy Hosting SITE, INCLUDING WITHOUT
LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED
ON THE Sexy Hosting SITE, AND ALL TEXT, GRAPHICS, LINKS
AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS'
BASIS AND WITHOUT WARRANTY OF ANY KIND. Sexy Hosting
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Sexy Hosting
SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE
CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL
COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE
SUFFICIENT.
7.
LIMITATION OF LIABILITY
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IN NO EVENT
SHALL Sexy Hosting BE LIABLE FOR DAMAGES RESULTING FROM
LOSS OF DATA, PROFITS, USE OF THE Sexy Hosting SITE OR ANY
Sexy Hosting PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL,
INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION
WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR
SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL Sexy Hosting’S
CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE
HUNDRED DOLLARS ($500 US).
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