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Account
Terms and Conditions
PortHarbor.com
does not require a minimum hosting contract to be signed.
Amount
Due At Signing = One Month Hosting Fee and setup fees as stated in account
menu.
All
accounts will be billed monthly by either Credit Card or Electronic Check.
Termination of service is required by either Telephone, E-Mail, or US Mail
seven (7) days prior to first of month.
All
hosting fees are non refundable at our low prices to insure open access to
everyone who wishes to utilize our business web site hosting services. Our fees
are some of the lowest in the industry and
we encourage you to use your business web hosting account for it's full
duration and potential.
TERMS
AND CONDITIONS
1.
PARTIES DEFINED
PortHarbor.com
is operated by PortHarbor.com, Inc., a Florida Corporation.
This
service contract (hereinafter the "CONTRACT") is between
PortHarbor.com, Inc., a Florida Corporation (hereinafter called
"PortHarbor.com") and the applicant for PortHarbor.com services.
(Yourself) Hereinafter called the CLIENT who wishes to purchase and utilize
Internet Web Hosting services with PortHarbor.com.
1a -
The Virtual or Non Virtual Web Server Internet account and related electronic
services can only be used for legal purposes under all federal, provincial,
state and local laws. The CLIENT by entering into this agreement represents
that the content in which they are requesting to be hosted on PortHarbor.com
servers is legally theirs, they own full legal intellectual, artistic and
distribution rights to publicly display said content on our servers and that
their content does not violate rules of pornographic community decency
standards.
2.
RELATIONSHIP BETWEEN PortHarbor.com AND CLIENT
2a -
CLIENT's rights and privileges can not be sold or transferred without the
written consent and approval from PortHarbor.com thirty (30) days in
advance. The Client must request and
have written approval from PortHarbor.com for (V.A.R.) value added reseller
status. PortHarbor.com of course retains the rights to modify or amend this
agreement for the Value Added Reseller intended CLIENT. We welcome and
encourage the V.A.R. minded client. Approval for this program is usually not a
problem.
2b
- This contract represents the complete
understanding between CLIENT and PortHarbor.com. If CLIENT sells advertising or
hosting under their Value Added Reseller Status to a third party. The CLIENT
will be held responsible for the content of that advertising or hosting
material and the actions of that third party.
2c -
The CLIENT has a full understanding that they will not attempt to sell services
to Adult, Sexual, Hate Group, Warez MP3 or Defamation theme oriented companies
or individuals wishing to post web site content of this nature. The CLIENT has
a full understanding that the services offered on PortHarbor.com are for
general retail and wholesale electronic commerce and presentation driven
customers only. (Business Web Hosting)
2d
- CLIENT agrees not to harm
PortHarbor.com servers, it's reputation, computer systems, programming and/or
other Clients using PortHarbor.com services. Allowing access to your account by
any party not approved by System Administrator is a breach of contract. ANY AND
ALL SECURITY VIOLATIONS WILL RESULT IN IMMEDIATE DEACTIVATION OF ACCESS AND MAY
RESULT IN TERMINATION OF ACCOUNT. In the event of termination no credits or
refunds will be issued.
2e
- CLIENT agrees to all conditions of
web site technical assistance, marketing, site production, hosting, and any
other service by ordering the service, repair, or assistance from any
technician, developer, or site production coordinator within the employ of
PortHarbor.com. Client will be bound to quoted amount after work has begun.
Upon incomplete or cancellation of job/service client is eligible for refund of
the unused portion only. If a balance is due after job/service cancellation,
the client has fifteen (15) days to pay balance due. CLIENT BINDS
HIMSELF/HERSELF/COMPANY/CORPORATION UPON TRANSFER OF FUNDS EITHER THROUGH
CREDIT CARD TRANSACTION, FACSIMILE TRANSMISSION OF CHECK, WIRE TRANSFER, VERBAL
AUTHORIZATION TO DEBIT CLIENT(S) CHECKING ACCOUNT OR ANY OTHER MEANS OF
TRANSFERRING FUNDS OR TRADE OF SERVICES NOT LISTED ABOVE. Client may cancel any
ordered job/service before begin of work and not be held liable for any quote,
written estimate, or verbal job cost estimation.
3.
INTERRUPTIONS IN SERVICE
PortHarbor.com
will use its best efforts to maintain a full time 24/7 Internet presence for
CLIENT. No Internet Hosting facility
may absolutely guarantee total 24 hour stability and scheduled down times for
service will occur. PortHarbor.com will of course do it's best for minimal
service interruptions. PortHarbor.com is not liable for any errors or
interruption in service, whether within or outside of PortHarbor.com reasonable
control. CLIENT understands interruptions may or may not occur and CLIENT will
hold PortHarbor.com free and harmless from any damages incurred in any event of
any time of loss. Service may be temporarily unavailable for scheduled maintenance,
either by PortHarbor.com, It's affiliated networks or by third-party providers,
or because of power interruptions or other causes beyond PortHarbor.com
control. The CLIENT also has a full understanding and agreement that the
Internet as a whole is an experimental technology and is not perfect and errors
will occur. PortHarbor.com does it's best on a regular basis to keep these
problems at a minimum for the convenience of all of PortHarbor.com Clients.
4. CPU
USAGE
CLIENT
agrees that they, He or She shall not use excessive amounts of CPU intensive
processing on any of PortHarbor.com servers. Any violation of this policy may
result in user's immediate termination at the sole discretion of PortHarbor.com
without prior notice. In the event that PortHarbor.com elects to terminate
users account on this basis it is up to the discretion of PortHarbor.com
whether or not a refund will be given.
5.
BANDWIDTH & DISC SPACE USAGE
Client
agrees that if They, He or She is to go over the bandwidth and or disc space
allotments as stated in the service package purchased by CLIENT on our account
menu, PortHarbor.com has the right to upgrade the service and bill accordingly
for the bandwidth and or disc space used. We frequently monitor these parameters
and are most concerned about the overall reliability of our servers for all of
our Clients benefit. Our standard hosting package plans are designed for Web
Site content only and are not intended or permitted to be used as a software
distribution hub due to excessive bandwidth requirements for this type of
service. If you need this type of service you must advise us and we will bill
you accordingly. We reserve the right to remove this type of service from our
servers without any adverse affects if we discover these types of accounts are
operating without our knowledge under our standard hosting programs.
6. PASSWORD PROTECTION AND ACCOUNT SECURITY
6a -
CLIENT is responsible for protecting CLIENT'S password from any authorized or
unauthorized use made of CLIENT's password. CLIENT will not use or permit
anyone to use PortHarbor.com service to guess passwords or to access other
systems or networks without authorization. PortHarbor.com will fully co-operate
with law enforcement authorities in the detection and prosecution of illegal
activity.
6b- CLIENT shall be solely responsible for
protecting the security of its PortHarbor.com account and usage. CLIENT's
password shall be considered private information and shall not be disseminated
or in any other manner disclosed and/or transferred to third parties.
PortHarbor.com shall not be liable for any breach of security caused by user or
third parties. PortHarbor.com will use its best efforts to maintain the
integrity and security of user's password. IN NO EVENT SHALL
PortHarbor.com LIABILITY EXCEED THE
TOTAL COST OF THIS CONTRACT BETWEEN PortHarbor.com AND THE CLIENT.
7. IP
ADDRESSES
PortHarbor.com
retains as it's exclusive property all issued I.P. numerical addresses issued
to the CLIENT for the purpose of hosting the clients site on PortHarbor.com
servers or it's affiliated networks. If the CLIENT discontinues service with
PortHarbor.com or if PortHarbor.com discontinues service to the client. The
I.P. numerical address is non transferable and shall remain the sole property
of PortHarbor.com.
8.
PROFESSIONAL CONDUCT AND INTERNET ETIQUETTE (Netiquette)
CLIENT
is expected to be familiar with and to practice good Internet etiquette
(Netiquette). CLIENT will comply with the rules appropriate to any server or
network to which PortHarbor.com may provide access. CLIENT should not post,
transmit, or permit Internet access to information CLIENT desires to keep
confidential. CLIENT is not permitted to post any material that is illegal,
libelous, slanderous, defamatory, tortuous, or likely to result in retaliation
against PortHarbor.com by offended users. PortHarbor.com reserves the right to
refuse or terminate service at any time. CLIENT will indemnify PortHarbor.com
and hold PortHarbor.com harmless from any damage to PortHarbor.com servers,
affiliated networks, business, service, equipment, networks operations, or
reputation resulting from CLIENT's actions, including but not limited to any
government actions, acts of vandalism or other retaliation, and any claims of
libel, unfair competition, infringement of any patent, copyright, trademark,
service mark, or other intellectual property right, violation of privacy, or
other tort.
9. ZERO TOLERANCE NO SPAM Policy (UNSOLICITED
COMMERCIAL BULK EMAIL)
PortHarbor.com
may NOT be used to transact Unsolicited Commercial E-mail (UCE or UCBE).
(Definition more than TWELVE 12 unsolicited items distributed NOT at the
request of the recipients) This is commonly referred to as "SPAM".
CLIENTS of PortHarbor.com may not use, or permit their customers or others
under their account to use, the PortHarbor.com servers or affiliated networks
to send unsolicited e-mail.
PortHarbor.com will not host, or permit hosting of sites or information
that is advertised by unsolicited e-mail from other networks. PortHarbor.com
will not permit CLIENTS to SPAM newsgroups, or SPAM from other networks or that
may or may not point to a site on PortHarbor.com Servers or affiliated
networks. CLIENTS that transact unsolicited e-mail are in breach of this
contract. Every reasonable attempt will be made to contact the CLIENT and allow
them to resolve the problem or complaint before taking action but this shall in
no way restrict or impede PortHarbor.com ability to immediately remove an
offending site if PortHarbor.com deems this as a necessary step to protect the
operations of our servers and affiliated networks. PortHarbor.com reserves the
right to place a temporary block in the event the CLIENT is unreachable, or is
unable to stop the Unsolicited Bulk E-Mail. CLIENT will constitute this
contract as "fair warning" as to PortHarbor.com strict "ZERO
TOLERANCE NO SPAM" policy. PortHarbor.com reserves the right to terminate
services without any refunds of the unused portion prepaid by CLIENT when
CLIENT is in violation of "NO SPAM" policy. Notice given by
electronic mail shall be deemed received on (1) business day after it is posted
to the recipient's e-mail address. PortHarbor.com may also fine the individual
CLIENT or agent a minimum of $500.00 per SPAM incident for violation of this
policy. Fees shall be addressed according to perceived damages at the sole
discretion of PortHarbor.com. This decision shall be indisputable and final.
Bottom Line Don't SPAM off of our Servers. It is our policy to never purchase
anything from SPAM E-Mailers who solicit PortHarbor.com. You don't like it when
you receive it and no one else does either ! Don't SPAM if you want to be
successful on the Internet !
10.
EXPERIMENTAL TECHNOLOGY WARRANTY AND ASSUMPTION OF RISK
CLIENT uses
PortHarbor.com services at CLIENT's own risk under the assumption that the
World Wide Web as a whole is an experimental technology. PortHarbor.com makes no warranty, expressed
or implied, including but not limited to any warranty of merchantability or
fitness for a particular purpose. PortHarbor.com shall not be liable for any
loss or other damages, including but not limited to special, incidental,
consequential, or punitive damages, resulting from any failure to provide
service or from any termination of service. PortHarbor.com has no control
whatsoever and shall not be responsible to CLIENT for the content of any web
site or for the content of any third-party material passing through or
associated with CLIENT's web site, some of which may be illegal, inaccurate,
adult in nature, harmful, or offensive. PortHarbor.com reserves the right to
remove without notice any questionable content outside of what would be
considered normal Business Web Site Hosting. The purpose in which this account
was issued.
11.
TERM OF CONTRACT, TERMINATION, AND RENEWAL
11a -
All hosting contracts are on a monthly basis. CLIENT shall pay PortHarbor.com
monthly recurring fees, plus bandwidth/traffic charges as outlined on hosting
account menu. Pre-payment of monthly
recurring fees is due by the time stated in agreement at time of signing up for
services with PortHarbor.com or on the first day of every month. Amounts past
due more than 15 days may result in the termination of CLIENT's account. If the
account is past due and suspended/terminated for non receipt of payment. A
$25.00 Re-Connection fee will be placed on the account of the CLIENT. If
PortHarbor.com receives a returned check from the CLIENT, PortHarbor.com will
charge a $25.00 returned check charge payable by the CLIENT. Taxes, special
services and third party charges will be stated separately where applicable.
CLIENT shall pay all taxes, fees, and governmental charges where applicable.
PortHarbor.com may change prices upon 30 days prior notice either by e-mail, telephone
or postal correspondence.
b)
PortHarbor.com has the right to refuse service if CLIENT content of information
provided is deemed illegal, unethical, misleading, contains child pornography,
bestiality, promotion of illicit drugs, hate groups or literature by CLIENT
and/or CLIENT's third-party. CLIENTS who provide the above-mentioned illegal
content are in breach of the contract. PortHarbor.com may terminate service without notice and without any refunds of CLIENT's
unused pre-paid portion of funds.
c) All
cancellations by CLIENT of service or changes in service must be in writing to
PortHarbor.com seven (7) days prior to the requested service termination date
or beginning of billing cycle. The CLIENT has a full understanding that
PortHarbor.com does require a minimum billing of One Month for Virtual Hosting
and 1 Month for Non Virtual Hosting. Hosting fees are not refundable. The
CLIENT shall agree to pay PortHarbor.com under these minimum purchase
requirement guidelines.
d) If
CLIENT breaches any part of this contract and PortHarbor.com has to engage the
services of an attorney, the CLIENT will pay any and all of PortHarbor.com
reasonable attorney fees and court costs.
12.
LIMITATION OF LIABILITY
In no
event shall PortHarbor.com, It's affiliated networks or any of its officers,
contractors, or employees be liable for any loss of profit or revenue by CLIENT
or for any consequential, incidental, special or exemplary damages incurred or
suffered by CLIENT, nor for any loss of power or heating, ventilation, and air
conditioning interruption, even if
PortHarbor.com has been advised of the possibility of such loss or
damage. CLIENT shall indemnify and hold harmless PortHarbor.com from and
against any all claims, costs, expenses or liability arising out of CLIENT's
(inclusive CLIENT's officer, contractors, employee agents and invitees)
collective or individual use, occupancy or operation of CLIENT's web site content and/or
information.
12a
- CLIENT agrees that PortHarbor.com
shall have no liability for the services, data or information provided to the
public on the Internet including but not limited to any liability for
consequential, indirect, special or incidental damages, regardless of the
success or effectiveness of other remedies.
12b -
CLIENT further agrees that PortHarbor.com shall not be liable for any damages
or losses sustained by CLIENT for business or other activities conducted on the
Internet including but not limited to consequential, indirect, special or
incidental damages.
12c - CLIENT
Agrees that it shall NOT hold PortHarbor.com or any of it's affiliated networks
liable for any loss of business, lost opportunity, consequential, indirect,
special or incidental damages as a result of any interruption in service.
12d -
IN NO EVENT SHALL PortHarbor.com LIABILITY EXCEED THE TOTAL VALUE PAID TO PortHarbor.com BY the CLIENT.
13
SECURITY
PortHarbor.com
will try to keep its network secure to the best of PortHarbor.com ability but
can't be held liable if there is a security breach. The CLIENT is always
encouraged to keep full back-up copies of all of their web site's content to
reload in the event of any failure on the part of PortHarbor.com Servers.
14 FULL
VIRTUAL DOMAIN NAME OWNERSHIP
CLIENT
shall be responsible for all costs and fees associated with its domain name
including, but not limited to all costs and fees for moving same where
applicable. User shall make payment directly to the issuer. (Possibly Network
Solutions, Not PortHarbor.com) Under no circumstances shall PortHarbor.com be
responsible for this cost.
All
CLIENTS ARE BOUND TO THE ABOVE TERMS AND CONDITIONS.
IF YOU
DO NOT AGREE WITH THESE TERMS AND CONDITIONS, A WRIT OF AUTHORIZATION MAY BE
OBTAINED PRIOR TO CONTRACTUAL SERVICES OR HOSTING TO WAIVE SUB-PARAGRAPHS IN
QUESTION.
I have
read and understand all said terms and conditions of PortHarbor.com.
I agree
to fully abide by all conditions, rules, and regulations as described above.
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