Shared Hosting Terms Of Service
Hardworking Software welcomes you and is glad
you have chosen Hardworking Software as your web site host.
Hardworking Software
encourages you, the member, to utilize the many services made available to
you, making your web experience a pleasant and successful venture.
The Terms of Service and Conditions of Membership Agreement provides the registered
member with Hardworking Software's services, policies and a statement of what is allowed
and not allowed, thereby giving you practical but precise approaches for what is
acceptable to the Hardworking Software Community. By registering with
Hardworking Software as a Member you agree to use the Hardworking Software Site in a manner consistent with
all applicable laws and regulations and in accordance with the terms and conditions
outlined below:
Membership with Hardworking Software
Membership is available to anyone who registers with a legitimate electronic mail
address. Hardworking Software does not discriminate on the basis of age, gender or
ethnicity.
Price and Payment
The Member authorizes Hardworking Software to charge all fees due to the submitted payment details.
All hosting contracts are automatically
renewed for another term unless a written notice of cancelation has been given by either
party at least one week in advance of the renewal date / anniversary date.
If an account has been setup and the initial rent and setup fee are not paid, Hardworking Software
has the right to immediately close the account and to refuse service.
If for some reason the Member is not completely satisfied, the Member may cancel the
account within thirty (30) days of the Application and receive a full refund of any service
charges. This policy does not apply outside the first 30
day period.
All cancellation requests must be initiated by an email from the primary contact person on the account who shall provide sufficient identification. Account terms are final and there are no refunds of unused time if the service contract is canceled by client before the regular expiration date / anniversary date. Any cancellation request shall be effective upon receipt unless otherwise requested.
Definition/Guidelines of Membership
Hardworking Software provides its Members with storage space for their Web Site
together with a personal virtual server (membername.). Members may
also have their own domain name (www.domain.com) mapped to their storage space.
Members must agree to accept our email messages as part of their service. We
only use email to inform you of new membership benefits and features, to let you
know of urgent problems on our site, and to present special members-only
opportunities to buy products and services that are appropriate to the interests
of our Communities. And we keep these messages to a minimum.
Hardworking Software is not responsible for the content of any personal Web Site, and
the views expressed by any of its Members are the responsibility of the posting
Member and not Hardworking Software. Hardworking Software does not review Web
pages in any
way before they appear on the Member area of the Site.
Hardworking Software reserves the right to modify or remove anything submitted to
Hardworking Software, and to cancel membership at anytime. Any site that violates
the following guidelines will be immediately removed from Hardworking Software.
Member's Web pages cannot contain or provide links to:
- Nudity, pornography, and sexual material of a lewd, lecherous or obscene
nature and intent or that violate local, state and national laws.
- Any material that violates or infringes in any way upon the rights of others,
including, without limitation, copyright or trademark rights; this includes "WAREZ"
(copyrighted software that is distributed illegally), "mp3" files of copyrighted
music, copyrighted photographs, text, video or artwork. If you don't own the
copyright or have documented permission to use it, don't put it on your site at
Hardworking Software.
- Any material that is threatening, abusive, harassing, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise
objectionable; this includes posting other peoples' private information.
- Content that promotes, encourages, or provides instructional information about
illegal activities---specifically hacking, cracking, or phreaking.
- Any software, information, or other material that contains a virus, "Trojan
Horse", corrupted data, or any other harmful or damaging component;
- Hate propaganda or hate mongering, swearing, or fraudulent material or activity;
- Using in the registration of your Hardworking Software Membership an email account
that is or becomes inactive or that is not your own email Account.
Hardworking Software may terminate Membership and any and all information,
communications, Postings, or Web pages at any time, without notice, for conduct
that violates this Agreement or other policies or guidelines set out by
Hardworking Software elsewhere on the Site. Hardworking Software may terminate
Membership and delete any and all information, communications, Postings, or
Web pages for online conduct that Hardworking Software believes is harmful to other
Members, the business of Hardworking Software, or other third-party information
providers.
Hardworking Software provides space for Member Web pages but makes no implied or
express warranties about the reliability of these pages. Hardworking Software is not
responsible for any damage caused by loss of access to, or deletion or alteration
of Member pages; individual Members are responsible for monitoring and creating
backups of their pages not Hardworking Software.
If Hardworking Software becomes aware of the presence of copyright infringing material
on its server either in the course of its ordinary and reasonable business
activities, or through notification by a third party who alerts Hardworking Software,
preferably by certified mail, of the specific location of the alleged presence
of such materials, Hardworking Software will:
1. Contact the Member responsible for the page and alert him or her of the
allegations of copyright infringement and notify the person that within five days
he or she must respond as to why the allegedly infringing material does not
infringe the purported copyright. Hardworking Software will also alert the Member that
absent such a response, Hardworking Software reserves the right to delete the
page/site; and
2. If the Member fails to respond within five days, Hardworking Software will make a
decision whether to remove the page/site. If the alerted party responds to the
allegations and claims the page is not infringing, Hardworking Software will either
forward the response to the third party alleging the infringement, or in the case
that Hardworking Software has discovered the infringement, make a decision whether
to remove the page. If in its sole discretion, Hardworking Software concludes that
one of its Member's home pages contains a particularly flagrant copyright violation,
Hardworking Software reserves the right to delete the offending home page at any time.
Rules for Online Conduct
Hardworking Software Bulletin boards, Chatrooms & Email Postings
The Member agrees not to include any electronic mail or postings ("Postings")
that contain any of the following material in Hardworking Software Bulletin boards,
Chatrooms, or email transmissions:
a) Material that defames abuses or threatens others.
b) Statements that are bigoted, hateful or racially offensive.
c) Material that advocates illegal activity.
d) Material that contains obscene content.
Network abuses, including but not limited to mail abuse (mass mailing unsolicited
email) and usenet news abuse (mass crossposting articles unrelated to group topics),
is prohibited and will result in termination of membership at the discretion of
Hardworking Software.
Privacy
All information provided by a Member is strictly confidential. Hardworking Softwarereserves the right to distribute aggregated demographic information provided by
Members, but will never release the name or other personal information about a
Member without the permission of that Member. However, Hardworking Software reserves
the right to release current or past member information in the event:
- Hardworking Software believes that the membership is being or has been used in
violation of the Terms of Service,
- or to commit unlawful acts,
- or if the information is subpoenaed,
- or when Hardworking Software deems it necessary or appropriate.
The exchange between Hardworking Software and the Member of information such as
passwords or electronic mail may not be secure given the current state of
Internet technology. Hardworking Software encourages Members to change their
passwords frequently.
Liability and Guarantee
The Member agrees that the use of the Site is entirely at the Member's own risk.
The Site is provided on an "as is" basis without warranties of any kind, either
expressed or implied, constructive, or statutory, including, without limitation,
any implied warranties of merchantability, non-infringement or fitness for a
particular purpose.
Hardworking Software is not responsible for the delivery or quality of any goods
or services sold or advertised through or on Hardworking Software members' page(s).
Hardworking Software makes no guarantee of availability of service and reserves the
right to change, withdraw, suspend, or discontinue any functionality or feature
of the Hardworking Software service. In no event will Hardworking Software be
liable for
any damages, including, without limitation, direct, indirect, incidental, special,
consequential, or punitive damages arising out of the use of or inability to use
Hardworking Software's services or any content thereon. This disclaimer applies,
without limitation, to any damages or injury, whether for breach of contract,
tort, or otherwise, caused by any failure of performance; error; omission;
interruption; deletion; defect; delay in operation or transmission; computer virus;
file corruption; communication-line failure; network or system outage; or theft,
destruction, unauthorized access to, alteration of, or use of any record.
Indemnity
The Member agrees to indemnify and hold Hardworking Software harmless from any loss,
liability, claims, damages and expenses, including attorneys' fees, arising from
or related to the content, use, or deletion of the Member's pages or use of any
other Hardworking Software feature or service. This expressly includes:
(i) Member's responsibility for any and all liability arising from the
violation or infringement of proprietary rights or copyrights, and
(ii) Any defamatory or unlawful material contained within Member Web pages or
Postings.
Merger
This document supersedes all previous agreements, proposals and communications,
either written or verbal. Hardworking Software reserves the right to change or amend
these Terms of Service at any time without prior notice. By becoming a
Hardworking Software Member, you signify your agreement to these Terms of Service.
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