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Terms of Use Agreement
READ THESE TERMS CAREFULLY BEFORE PURCHASING OR
USING THE SERVICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES.
The
following Terms of Use Agreement is between you ("Client") and Stage2design Inc.
located in Lincoln, NE.
Where the context admits: "We" includes
Stage2design Inc, stage2hosting.com or any party acting on Stage2design's
implicit instructions. "You" includes the person purchasing the services or any
party acting on the customer's instructions. "The Registrant" includes the
person applying for a domain name or any party acting on the Registrant's
instructions. "The Registry" the relevant domain names Registry. "Server" means
the computer server equipment operated by us in connection with the provision of
the Services. "Web Site" means the area on the Server allocated by us to you for
use by you as a site on the Internet. In consideration of the mutual covenants
herein, the parties agree to the following, which shall apply during the term of
this agreement.
Stage2design is in the business of offering, among other
things internet access services pursuant to virtual server plans ("Plans")
containing various features as more specifically set forth in each Plan. Client
desires to engage Stage2design, and Stage2design desires to be engaged by
Client, in accordance with the terms of use as set forth below.
Stage2design may amend this Agreement at any time by posing the amended
Agreement on its web site and the effective date of any such amendment will be
the date on which the amended Agreement is so posted. In addition, Stage2design
will e-mail Client a notice of the amended Agreement. Without limiting the
generality or effect of the forgoing, Stage2design may also add, delete or
modify some or all of its Services at any time in its sole discretion.
By accepting this terms of Use Agreement, Client (I) represents and
warrants that he or she is at least 18 years of age and is the authorized
representative of the organization or entity that he or she purports to
represent, and (ii) agrees to provide true, accurate, current and complete
information about Client as prompted in the account registration process. If any
information provided by Client is untrue, inaccurate, not current or incomplete,
Stage2design has the right to terminate Client's account and refuse any and all
current or future use of the Services (as defined below).
Server
Abuse
Any attempt to undermine or cause harm to a server, or customer,
of Stage2design is strictly prohibited.
Unauthorized use of other
people's accounts or computers Stage2design will strongly react to any use or
attempted use of an Internet account or computer without the owner's
authorization. Such attempts include password robbery, security vulnerability
scanning etc.
Any unauthorized use of accounts or computers by a
Stage2design customer, whether or not the attacked account or computer belongs
to Stage2design, will result in action against the attacker. Possible actions
include warnings, account suspension or cancellation, and civil or criminal
legal action, depending on the seriousness of the attack.
IMPORTANT NOTE
- Stage2design has the right to discontinue service, or deny access to anyone
who violates our Policies or the terms and conditions shown below WITHOUT
WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account
termination is due to violation of the terms outlined below.
Customers
may not run IRC, bots or clients on shared servers. Unacceptable uses also
include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup
spamming, pornographic content, illegal content, copyright infringement,
trademark infringement, warez, cracks, software serial numbers, and/or anything
else determined by Stage2design to be unacceptable use of Stage2design's
services including abuse of server resources.
Shared hosting accounts
may be terminated that include the following content or which have links to the
following content:
Providing material that is grossly offensive to the
Web community including blatant expressions of bigotry, racism, hatred, or
profanity
Promoting or providing instructional information about
illegal activities, or promoting physical harm or injury against any group or
individual
Displaying or linking to material containing obscene nudity
or pornographic material as determined by Stage2design
Displaying or
linking to material that exploits children under 18 years of age
Acts
of copyright infringement including offering pirated computer programs or links
to such programs, information used to circumvent manufacturer-installed
copy-protect devices, including serial or registration numbers for software
programs, or any type of cracker utilities
Unsolicited Email
(Spam)
Unsolicited commercial advertisements (spam) are not allowed in
e-mail, and will likely result in account cancellation and may be subject to
penalties set forth below.
Stage2design takes a zero-tolerance approach
to spam originating from our servers or for spam advertising of domains hosted
on our servers.
The following activities are not
allowed:
Unsolicited bulk or commercial messages ("spam"). This
includes, but is not limited to, bulk mailing of commercial advertising,
informational announcements, charity requests, petitions for signatures, and
political or religious tracts. Such messages may only be sent to those who have
explicitly requested it from your domain. A record of such a request mist be
kept on file and made available to Stage2design upon request.
Forging,
altering or removing electronic mail headers is prohibited. Any domain sending
stealth spam will be terminated without warning and without refund and may be
subject to penalties as set forth below.
Sending numerous copies of the
same or substantially similar message with the intent to disrupt a server or
account ("mail bombing").
Spamming Newsgroups: Commercial
advertisements are unwelcome in most Usenet discussion groups and on most e-mail
mailing lists. Inappropriate posting may result in account cancellation. See the
newsgroup or mailing list's charter for whether advertising is allowed or not.
"Spamming," or sending a message to many different off-topic newsgroups, is
particularly unethical and will be treated as such.
Mail may not be
used to harass or intimidate others. Harassment, whether through language,
frequency of messages, or size of messages, is prohibited. Sending a single
unwelcome message may be considered harassment. If a recipient asks to stop
receiving e-mail, you must not send that person any further messages.
If your account with Stage2design is found to be participating in any
Spam practices, as determined by Stage2design, a per instance fee of $500 will
be assessed to your account and you will be held responsible for all
governmental penalties and fines as they apply.
Note: If you use the
services of another provider to promote a web site hosted by or through
Stage2design (spam advertising), then the provisions of the above Policy shall
apply as if the spam were sent through our servers.
Background
Running Programs
We do not allow programs to run continually in the
background on our servers.
IRC
We currently do not allow IRC or
IRC bots to be operated on our servers. IRC servers are not permitted on our
network.
Payment Policies
All charges payable by you for
the Services shall be in accordance with the scale of charges and rates
published from time to time by us on our web site (stage2hosting.com) and shall
be due and payable in advance of our service provision. We reserve the right to
change pricing at any time although all pricing is guaranteed for the period of
pre payment.
Orders submitted using free email accounts might be subject
to a telephone call to confirm the order prior to the account being set
up.
Stage2design accepts PayPal or you may
choose to send a check or money order by mail; however ALL payments must be
received before service is activated. Returned Check Fee is $25.00. Additional
inquires should be made to billing@Stage2hosting.com.
All payments must
be in $US (US dollars).
Payment is due every 30 days from the date on
which the account will be established, or every 365 days if the account is paid
for yearly. Clients will be automatically charged UNLESS a cancellation request
has been sent to billing@Stage2hosting.com, and Stage2design has confirmed your
request. Cancellation requests must be sent in 6 days before your next billing
date.
Cancellation and Refunds
Stage2design reserves the
right to terminate a client’s account at anytime without prior notification if
the account is in breach of the listed terms and conditions. No refund is given
in such a situation.
A client can choose to cancel their account at any
time. If within the first 30 days following the initial order, a full refund
will be issued. This is referred to as our 30 day money back
guarantee.
Cancellations out of the 30 day period will not receive a
refund. Please allow 6 business days for a refund to be processed; please put in
cancellation requests at least 6 days prior to your next billing date.
Intellectual Property Rights
Material accessible to you through
Stage2design services may be subject to protection under the United States or
other copyright laws, or laws protecting trademarks, trade secrets or
proprietary information. Except when expressly permitted by the owner of such
rights, you must not use Stage2design or its servers and network in a manner
that would infringe, violate, dilute or misappropriate any such rights, with
respect to any material, which you access or receive through the Stage2design
network. If you use a domain name in connection with Stage2design or similar
service, you must not use that domain name in violation of any trademark,
service mark, or similar rights of any third party.
Network
Security
Customers may not use the Stage2design network with an attempt
to circumvent user authentication or security of any host, network, or account.
This includes, but is not limited to, accessing data not intended for the
customer, logging into a server or account the customer is not expressly
authorized to access, password cracking, probing the security of other networks
in search of weakness, or violation of any other organization's security policy.
Customers may not attempt to interfere or deny service to any user, host, or
network. This includes, but is not limited to, flooding, mail bombing, or other
deliberate attempts to overload or crash a host or network. Stage2design will
cooperate fully with investigations of violations of systems or network security
at other sites, including cooperating with law enforcement authorities in the
investigation of suspected criminal violations. Users who violate system or
network security may incur criminal or civil liability.
Electronic
Commerce
You will be solely responsible for the development, operation
and maintenance of your online store and products and all contents and materials
appearing online or on your products, including without limitation (a) the
accuracy and appropriateness of content and materials appearing within the store
or related to your products, (b) ensuring that the content and materials
appearing within the store or related to your products do not violate or
infringe upon the rights of any third party, and (c) ensuring that the content
and materials appearing within the store or related to your products are not
libelous or otherwise illegal. You will be solely responsible for the final
calculation and application of shipping and sales tax. You will also be solely
responsible for accepting, processing, and filling any customer orders, and for
handling any customer inquiries or complaints arising there from.
You
are also responsible for the security of any customer credit card numbers and
related customer information you may access as a result of conducting electronic
commerce transactions through your Web Site. You will keep all such information
confidential and will use the same degree of care and security as you use with
your confidential information.
Static / Dynamic Content
Caching
You expressly (i) grant to Stage2design a license to cache the
entirety of your Web Site, including content supplied by third parties, hosted
by Stage2design under this Agreement and (ii) agree that such caching is not an
infringement of any of your intellectual property rights or any third party's
intellectual property rights.
IP Address Ownership
Stage2design
shall maintain and control ownership of all IP numbers and addresses that may be
assigned to you by Stage2design and Stage2design reserves, in its sole
discretion, the right to change or remove any and all such IP numbers and
addresses.
Domain Name Registration
Stage2design makes no
representation that the domain name you wish to register is capable of being
registered by or for you or that it will be registered in your name. You should
therefore not assume registration of your requested domain name(s) until you
have been notified that it has or they have been registered. Any action taken by
you before such notification is at your risk.
The registration and use
of your domain name is subject to the terms and conditions of use as defined by
the relevant naming authority; you shall ensure that you are aware of those
terms and conditions and that you comply with them. You shall have no right to
bring any claim against Stage2design in respect of refusal to register a domain
name.
Stage2design shall have no liability in respect of the use by you
of any domain name; any dispute between you and any other person must be
resolved between the parties concerned in such dispute. If any such dispute
arises, Stage2design shall be entitled, at our discretion and without giving any
reason, to withhold, suspend or cancel the domain name. Stage2design shall also
be entitled to make representations to the relevant naming authority but will
not be obliged to take part in any such dispute
All the Domain
Registration issues should be email to support@Stage2hosting.com
Lawful
Purpose
Stage2design reserves the right to refuse service to anyone.
Customers may only use Stage2design server for lawful purpose. Transmission of
any material in violation of any Federal, State or Local regulation is
prohibited. This includes, but is not limited to copyrighted material, material
legally judged to be threatening or obscene, and material protected by trade
secrets. The designation of any materials as such described above is left
entirely to the discretion of Stage2design management. Regardless of the place
of signing this agreement, the client agrees that for purposes of venue this
contract was entered into in Lancaster County, Nebraska, and any dispute will be
litigated or arbitrated in Lancaster County, Nebraska. Defendants further waive
all objections to venue and acknowledge that venue in any such litigation will
be held in Lancaster County Nebraska courts. IN NO EVENT SHALL STAGE2DESIGN'S MAXIMUM
LIABILITY EXCEED FIVE HUNDRED ($500.00)
DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND,
INDEMNIFY, SAVE AND HOLD STAGE2DESIGN HARMLESS FROM ANY AND ALL DEMANDS,
LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES
ASSERTED AGAINST STAGE2DESIGN, 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 DEFEND, INDEMNIFY AND HOLD HARMLESS STAGE2DESIGN
AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED
BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH STAGE2DESIGN'S
SERVER; (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 STAGE2DESIGN'S SERVER.
Disclaimer
STAGE2DESIGN WILL NOT BE RESPONSIBLE FOR ANY DAMAGES
YOUR BUSINESS MAY SUFFER. STAGE2DESIGN MAKES NO WARRANTIES OF ANY KIND,
EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. STAGE2DESIGN DISCLAIMS ANY
WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES
LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND
ALL SERVICE INTERRUPTIONS CAUSED BY STAGE2DESIGN AND ITS EMPLOYEES. STAGE2DESIGN
RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL
SUB-NETWORKS AND RESELLERS OF STAGE2DESIGN MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION DESCRIBED HEREIN WILL BE
GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION AND POSSIBLE PENALTIES OR FINES AS
OUTLINED ABOVE.
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