Terms
of Service
The terms and
conditions set forth herein constitute the full and complete agreement between
you and Cheri Host. Your agreement to be bound by these terms is acknowledged
by your use of the Cheri Host, Hosting, or anything that is owned or offered,
or is in any way under the control of Cheri Host. The terms contained herein
supercede and replace any other agreement or negotiation between you and Cheri Host
whether oral, written or otherwise including any statements made by any
representative of Cheri Host at any time. You agree to abide by these terms
during any relations you have with Cheri Host or our property and thereafter
1. Price
Cheri Host
reserves the right to change the price of any of its products or services at
any time. Anyone currently under this price will be notified of the change in
no less then 30 days prior to the change in policy.
2. WEB HOSTING
SERVICES
Cheri Host
agrees to provide web hosting services according to the plan selected by you
upon activation of your account. Cheri Host reserves the right to change,
amend and/or otherwise alter the services provided with equivalent or
otherwise equal services without prior notice to you. You agree to receive
periodic emails from Cheri Host in regards to products, services, your
account, and system updates.
3. Web hosting
acceptable use
You agree by
creating an account, using, or in anyway having any apart in what either
enters, leaves, or is created on our servers to be legally bind by the terms
below.
3.1 You agree
to that you will not violate the laws, regulations, ordinances or other such
requirements of any applicable Federal, State or local government. Including
but not limited to international bodies.
3.2 You agree
not to cause any harm to minors of any kind or to perform any activity which
is likely to cause such harm.
3.3 your agree
not to take any action that will likely, may, or even has the chance of
causing harm to any person or property.
3.4 You may not
host anything that could be or is likely to cause offence to any race,
religion, gender, or anything else that singles out a certain minority in
anyway.
3.5 You agree
not to send any unsolicited or bulk email. You will not use any of our
services or products to engage in anything that would fall under the headline
of “spamming” or “Mail Bombing”
3.6 You agree
not attempt any unauthorized access to any Cheri Host company servers, Cheri Host
website, Cheri Host customer accounts, or do anything that would fall under
the heading of “hacking”
3.7 You agree
not to infringe any copyright, trademark, patent, trade secret, or other
proprietary rights of any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the digitization and
distribution of photographs from magazines, books, or other copyrighted
sources, and the unauthorized transmittal of copyrighted software.
3.8 You agree
not to undertake any action which is harmful or potentially harmful to the Cheri Host
server structure
3.9 You agree
not to collect or attempt to collect personally identifiable information of
any person or entity without their express written consent. You shall maintain
records of any such written consent throughout the terms of this agreement and
for three years thereafter. This includes attempting to collect personal
information threw fraudulent emails
3.10 You agree
always to communicate as yourself never impersonating anyone when contacting
anyone using or directing people to Cheri Host servers or products.
3.11 You agree
not to do anything that could potentially harm Cheri Host in anyway, shape or
form. Including and not limited to, installing software that may hurt Cheri Host
software, or taking any action that will cause any harm in anyway.
3.12 You agree
never to place any thing that you do not personally own or have explicit
license to. Including and not limited to WAREZ software, or any mp3s you do
not have explicit license to.
3.13 You agree
not to host any adult sites or anything that is offence to minors.
3.14 You agree
not to use over 10% of CPU resources
3.15 You agree
to do nothing that would cause too much stress on the server. What is
considered "stress on the server" is defined on a case by case basis
by Cheri Host and Cheri Host only. No prior definition of "stress on the
server" will apply to any account or person unless Cheri Host decides
that it does.
4.OWNERSHIP OF
INTELLECTUAL PROPERTY; CONFIDENTIALITY
4.1 It is
understood and agreed that during the term of this agreement and thereafter
you may come into possession of information which is the confidential and
proprietary information of Cheri Host including but not limited to the Cheri Host
customer service and maintenance tools. You acknowledge that all right and
title to any such Cheri Host intellectual property shall remain the sole
property of Cheri Host and that you have no right, title or interest therein.
You agree yourself not to assist any third party in any way to translate,
decompile, reverse engineer, disassemble, modify, reproduce, rent, lease,
lend, license, distribute, market or otherwise dispose of any portion of the Cheri Host
Services. Any and all right or title to any engineering, coding, programming
or customer service work around or other modification of the Cheri Host
service shall also remain the sole property or Cheri Host.
4.2 During the
term of this agreement you may have access to certain information and
materials relating to the Cheri Host business, customers, software technology
and marketing which Cheri Host treats as confidential (hereinafter
“Confidential Information”). You agree to at all times during the term of
this agreement and otherwise as set forth herein: (1) hold in confidence, and
not disclose or reveal to any person or entity, any “Confidential
Information” without the express prior written consent of Cheri Host; and
(2) not use or disclose any of the “Confidential Information” for any
purpose at any time, other than pursuant to your rights under this agreement
for the purpose intended. These obligations shall continue indefinitely for so
long as the Confidential Information is a trade secret under applicable law
and shall continue for three (3) years following termination of this Agreement
with respect to Confidential Information, which does not rise to the level of
a trade secret.
5 SUSPENSION
AND TERMINATION
5.1 Suspension
- At the sole option of Cheri Host for any reason set forth herein or in the
event that you breach any term of this Cheri Host may suspend your account by
deactivating any access by you or by web users to any information contained on
the Cheri Host servers related to your account while maintaining the
information and data related to your account upon the Cheri Host servers.
Suspension shall specifically include the disabling of any access to
information or data related to your account. Service charges will continue to
occur on suspended accounts as if they were not suspended. You will remain
responsible for the payment of any such charges during any such period of
suspension.
5.2 Termination
- This agreement and all of it’s terms shall remain in full force and effect
until it is terminated. Termination shall include the removal of any and all
of your information from the Cheri Host servers. Such information or data may
or may not be made available to you by Cheri Host after any such termination. Cheri Host
reserve the right to terminated your services at anytime if you in any way
shape or form violate anything mentioned in this document.
5.3 In the
event of termination under paragraph 5.2 there will be no refund provided to
you. In addition, if for whatever reason the action you took caused damage you
may be required to pay Cheri Host for that damage.
6 WARRANTEES
AND LIMITATIONS
6.1 Cheri Host
makes every reasonable effort to maintain operation of the Cheri Host service
however because as many events and circumstances are beyond the control of Cheri Host,
Cheri Host does not in any way warrant or otherwise guarantee the availability
of the Cheri Host system or servers and is not responsible for any delay or
loss of data, lack of connection, slow connection, or any other such issues
whether due to the active or passive negligence of Cheri Host.
6.2 THE Cheri Host
SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
6.3 In general,
Cheri Host has no control over information contained on the Internet.
Information obtained by you from the Internet may be inaccurate, offensive or
in some cases even illegal. Cheri Host accepts no responsibility for any
information which you receive from the Internet. You accept full
responsibility to verify the truth and accuracy, legality and ownership of the
information that you obtain from the Internet as well as the reputation of the
individuals with whom you may deal. Cheri Host provides no warrantee for any
goods or services which you obtain over the Internet nor the compatibility of
any such services with the Titan Pages system.
6.4 You
specifically hereby waive any claim for damages of any kind whether direct,
indirect, special, exemplary, punitive, incidental or consequential, loss of
profits or loss of business as the result of any action taken in response to
any claim of copyright infringement without regard to whether or not the
material claimed to have been infringing is later found to be infringing.
6.5 THE TOTAL
SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS
AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR
OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO Cheri Host
IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO
SUCH REMEDY. IN NO EVENT SHALL Cheri Host BE LIABLE FOR ANY INDIRECT, SPECIAL,
EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR
LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD
TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
7 INDEMNITY
7.1 You agree
to fully defend and indemnify and hold harmless Cheri Host of and from any and
all third party claims, causes of action, demands, costs, damages including
both direct and consequential damages, specifically including attorneys fees
and costs, expert fees and costs and mediation and/or arbitration fees and
costs incurred (whether paid or not) as the result of any breach or claim of
breach of this agreement or your negligence whether active or passive or any
negligence of Cheri Host in any way related to your use of the Cheri Host
service or any portion thereof.
7.2 You agree
to fully defend and indemnify and hold harmless Cheri Host of and from any and
all third party claims, causes of action, demands, costs, damages including
both direct and consequential damages, specifically including attorneys fees
and costs, expert fees and costs and mediation and/or arbitration fees and
costs incurred (whether paid or not) as the result of any violation or claimed
violation of any copyright or other intellectual property right of any third
party which is in any way related to your use of the Cheri Host service or any
portion thereof. Choice of counsel remains exclusively that of Cheri Host
7.3 You agree
that upon the assignment of your user ID and password that you will maintain
the confidentiality of your account information and assume all responsibility
of and from any loss, theft or other destruction of any data as the result of
any access to your account via the use of your user ID. You further agree to
defend and indemnify and hold harmless Titan Pages of and from any and all
third party claims, causes of action, demands, costs, damages including both
direct and consequential damages, specifically including attorneys fees and
costs, expert fees and costs and mediation and/or arbitration fees and costs
incurred (whether paid or not) as the result of any claim for damages in any
way related to the disclosure of your confidential User ID and Password
information. Choice of counsel remains exclusively that of Cheri Host.
8 FORCE MAJEURE
Either party to
this agreement shall be excused from any delay or failure in performance
hereunder caused by reason of any occurrence or contingency beyond its
reasonable control, including but not limited to, acts of God, earthquake,
labor disputes and strikes, riots, war, and governmental requirements. The
obligations and rights of the party so excused shall be extended on a
day-to-day basis for the period of time equal to that of the underlying cause
of the delay.
9 SEVERABILITY
If any term,
clause or provision hereof is held invalid or unenforceable by a court of
competent jurisdiction, such invalidity shall not affect the validity or
operation of any other term, clause or provision and such invalid term, clause
or provision shall be deemed to be severed from the Agreement.
10. NO AGENCY
Cheri Host
is not your agent, partner or joint venturer in any respect.
11. AMENDMENT
Cheri Host
may without advance notice amend this Agreement from time to time, and will do
so by posting the new Agreement on the Cheri Host web site in place of the
old. Each and every such amendment shall be become effective immediately for
all pre-existing and future accounts.
