WHEREAS, Customer seeks to utilize OpenThought, LLC Web Hosting's server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, OpenThought, LLC Web Hosting can make no guarantee that any given reader shall be able to access OpenThought, LLC Web Hosting's server at any given time.
OpenThought, LLC Web Hosting represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
- Customer agrees to a three (3) month contract minimum (or six (6) or twelve (12) month contract depending on length of pre-payment), beginning upon commencement of service.
- There is a per-plan one time setup fee for all shared hosting packages, and if the customer wishes to cancel OpenThought, LLC shared Web Hosting services three (3) months of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded.
- At the end of the contract term, the contract will automatically renew for successive three (3) month periods (or three (3) or six (6) or twelve (12) month periods, depending on length of pre-payment) indefinitely until canceled in writing or via the web panel. After the first three months a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions.
- "Three-Month Money-Back Guarantee" offer only applicable to credit card payments for shared web hosting. Other forms of payment are non-refundable. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances.
- Violations of OpenThought, LLC's Terms of Service or Spam Policy may, at OpenThought, LLC's discretion, result in immediate and permanent disablement without refund.
- Disputed charges ("chargebacks") associated with any OpenThought, LLC account may, at OpenThought, LLC's discretion, result in immediate and permanent disablement.
- OpenThought, LLC Web Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or OpenThought, LLC Web Hosting's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
- Customer will provide OpenThought, LLC Web Hosting with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of OpenThought, LLC Web Hosting. OpenThought, LLC Web Hosting shall make no effort to validate this information for content, correctness or usability.
- Use of OpenThought, LLC Web Hosting's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.
- The following examples are offered:
- Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
- CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
- The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of OpenThought, LLC Web Hosting to provide this knowledge or Customer Support outside of the defined service of OpenThought, LLC Web Hosting.
- OpenThought, LLC Web Hosting will exercise no control whatsoever over the content of the information passing through the network.
- The customer agrees to make use of OpenThought, LLC Web Hosting servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose; OpenThought, LLC Web Hosting servers are not intended as a data backup or archiving service. OpenThought, LLC Web Hosting reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated transfer bandwidth for a month, you may be billed for the additional bandwidth.
- Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run, etc) are not encouraged. Any application that listens for inbound network connections (even if the application would otherwise be allowed) are not permitted. BitTorrent clients, proxy servers/scripts, IRC bots and bouncers (BNC) specifically may not be run on any OpenThought, LLC Web Hosting server. If your processes are adversely affecting server performance disproportionately OpenThought, LLC Web Hosting reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.
- Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called "Scraper sites." These can all have a severely detrimental effect on server performance and are not permitted.
- The Customer agrees to hold only one (1) active web hosting service plan at any given time with OpenThought, LLC Web Hosting. Signing up for multiple plans is grounds for termination of all plans, including the first one, without warning.
- OpenThought, LLC Web Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. OpenThought, LLC Web Hosting also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of OpenThought, LLC Web Hosting is at the Customer's own risk, and OpenThought, LLC Web Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. OpenThought, LLC Web Hosting expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
- OpenThought, LLC Web Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", OpenThought, LLC Web Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on OpenThought, LLC Web Hosting's Server. OpenThought, LLC Web Hosting agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of OpenThought, LLC Web Hosting. If the Customer fails to modify the material, as directed by OpenThought, LLC Web Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
- All domain names registered through OpenThought, LLC that are 'parked' or are otherwise not immediately associated with a OpenThought, LLC hosting plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via Dreamhost.com. The Coming Soon web page may be modified at any time by OpenThought, LLC without prior notice to you and may include such things as, without limitation, links to additional products and services offered by OpenThought, LLC.
TRADEMARKS & COPYRIGHTS
- Customer warrants that it has the right to use the applicable trademarks, if any.
HARDWARE, EQUIPMENT, & SOFTWARE
- The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access OpenThought, LLC Web Hosting.
- OpenThought, LLC Web Hosting makes no representations, warranties or assurances that the Customer's equipment will be compatible with the OpenThought, LLC Web Hosting service.
- The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.
- Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of OpenThought, LLC Web Hosting may not be used to impersonate another person or misrepresent authorization to act on behalf of others or OpenThought, LLC Web Hosting. All messages transmitted via OpenThought, LLC Web Hosting should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
- Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning of either OpenThought, LLC or external computers and Denial Of Service attacks of any kind.
- This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. OpenThought, LLC Web Hosting will accept termination by electronic mail. Notwithstanding the above, OpenThought, LLC Web Hosting may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. OpenThought, LLC Web Hosting reserves the right to charge a reinstatement fee.
- Customer expressly agrees that use of OpenThought, LLC Web Hosting's Server is at Customer's sole risk. Neither OpenThought, LLC Web Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that OpenThought, LLC Web Hosting's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the OpenThought, LLC Web Hosting Server service, unless otherwise expressly stated in this contract.
- Under no circumstances, including negligence, shall OpenThought, LLC Web Hosting, its offices, agents or any one else involved in creating, producing or distributing OpenThought, LLC Web Hosting's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the OpenThought, LLC Web Hosting Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to OpenThought, LLC Web Hosting's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on OpenThought, LLC Web Hosting's Server service.
- Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
- Customer may only use OpenThought, LLC Web Hosting's Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on OpenThought, LLC Web Hosting's Server.
- Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use OpenThought, LLC Web Hosting's Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at dreamhost. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.
- Customer agrees that it shall defend, indemnify, save and hold OpenThought, LLC Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against OpenThought, LLC Web Hosting, its agents, its customers, servants 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,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless OpenThought, LLC Web Hosting against Liabilities arising out of
- any injury to person or property caused by any products sold or otherwise distributed in connection with OpenThought, LLC Web Hosting's Server;
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement;
- any defective product which Customer sold on OpenThought, LLC Web Hosting Server.
CONTRACT REVISIONSRevisions to this Contract will be applicable to previous Contracts
Revisions will be considered agreed to by the Customer on renewal of service as specified in Section - Financial Arrangements.
TRANSFERCustomer may not transfer this contract without the written consent of OpenThought, LLC Web Hosting.
CONTRACTThese Terms and Conditions constitutes the entire Contract and understanding of the parties.
Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.