Limited Cellar WebHost agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Limited Cellar WebHost Service constitutes acceptance and agreement to Limited Cellar WebHost Acceptable Use Policy as well as Limited Cellar WebHost TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Limited Cellar WebHost and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of Limited Cellar.
This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, county of Cameron applicable to contracts enforceable in that state. Venue will be Cameron County, Texas
Note: Pornography and sex-related merchandising are prohibited on any Limited Cellar Webhost server. This includes sites that may infur sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Limited Cellar WebHost servers or any other server on the internet. Links to such materials are also prohibited.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Limited Cellar may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Limited Cellar shall have the right to terminate all service set forth in this Agreement.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
SPAM and Unsolicited Commercial Email (UCE): Limited Cellar WebHost takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that subscribers may not use or permit others to use our network to transact in UCE. Customers of Limited Cellar WebHost may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Limited Cellar WebHost's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Limited Cellar WebHost will initiate an immediate investigation (within 48 hours of notification). During the investigation, Limited Cellar WebHost may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Limited Cellar WebHost may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Limited Cellar WebHost reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Limited Cellar WebHost will notify law enforcement officials if the violation is believed to be a criminal offense.
Violations of this policy will result in immediate termination of your account.
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their services immediately disabled. The services will not be enabled until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the Limited Cellar WebHost. Violations of system or network security may result in civil or criminal liability. Limited Cellar WebHost will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
Limited Cellar WebHost is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet- related activities.
First violation: Any User, which Limited Cellar WebHost determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Limited Cellar WebHost's discretion to suspension.
Second Violation: Users that Limited Cellar WebHost determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
Suspension of Service or Cancellation: Limted Cellar WebHost reserves the right to suspend network access to any customer if in the judgment of the Limited Cellar WebHost network administrators the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which Limited Cellar WebHost chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's account was suspended. The customer will also not be credited for any fees if their account has been terminated.
Limited Cellar WebHost reserves the right to amend its policies at any time. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions.
Indemnification: Limited Cellar WebHost wishes to emphasize that in agreeing to the Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Limited Cellar WebHost for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Limited Cellar WebHost or the bringing of any claim against Limited Cellar WebHost by any third-party. This means that if Limited Cellar is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Limited Cellar, plus all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, telephone and fax contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
Limited Cellar WebHost takes no responsibility for any material input by others and not posted by Limited Cellar WebHost. Limited Cellar is not responsible for the content of any other websites linked to the Limited Cellar WebHost Network; links are provided as Internet navigation tools only. Limited Cellar disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
Limited Cellar is not responsible for any damages your business may suffer. Limited Cellar does not make implied or written warranties for any of our services. Limited Cellar denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions including equipment failure.
Responsibility for Content: You, as Limited Cellar WebHost's subscriber, are solely responsible for the content stored on and served by your account.