| Terms
and Conditions
CommunicAction
shall provide its Services to You (Customer) under the Terms and conditions
of this Customer Agreement. The Agreement is intended to protect both the
integrity and liability of CommunicAction and the Customer. This Service
Agreement will be enforced to ensure the speed, power, performance, and
reliability of our services.
You understand
and agree that the Service is provided "AS-IS" and that CommunicAction
assumes no responsibility for the timeliness, deletion, mis-delivery or
failure to store any Customer communications or personalization settings.
COMMUNICACTION HOSTING SERVICES
1. BANDWIDTH. Each hosting plan include prepaid bandwidth. Additional bandwidth
is available. Contact sales department for more information. This bandwidth
must be prepaid before using or otherwise the account will be suspended
due overbandwidth usage.
2. DOMAINS HOSTED. All hosting plans include domain hosting. Each hosting
plan has a limit of domains hosted.
3. DOMAIN REGISTRATION is not offered by CommunicAction. Each web
hosting account shall have its own domain name registered with a registrar.
4. DISK SPACE. Additional disk space is available. Payment is accepted
only in advance per year. Contact sales for more information.
5. IP ADDRESS. Hosting accounts do not include IP address. For many customers
IP address is important for starting SSL hosts and that's why we allow
purchasing IP addresses. Payment is accepted only in advance per year.
Contact sales for more information.
6. MYSQL DATABASE(S) is/are included in almost all hosting plans. Additional
MySQL databases are available. Contact sales for more information.
7. SSH is not included in hosting plans but it is available. Contact sales
for more information.
MONEY BACK GUARANTEE
CommunicAction
offers a 30 day money back guarantee. If you are not satisfied with our
hosting service you can email billing actionhearst.com
and receive a full refund for your hosting plan within 30 days after you
purchased the account.
NO UNLAWFUL OR PROHIBITED
USE
As a condition
of your use of CommunicAction Services, you will not use the Services for
any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not attempt to gain unauthorized access to any CommunicAction
Services, other accounts, computer systems or networks connected to any
CommunicAction Services, through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available through CommunicAction
Services.
CommunicAction
reserves the right at all times to disclose any information as CommunicAction
deems necessary to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in CommunicAction's sole discretion.
THIRD PARTY
Any dealings
with third parties (including advertisers) included within the CommunicAction
Services or participation in promotions, including the delivery of and
the payment for goods and services, and any other terms, conditions, warranties
or representations associated with such dealings or promotions, are solely
between you and the advertiser or other third party. CommunicAction shall
not be responsible or liable for any part of any such dealings or promotions.
TERMINATION
You agree
that CommunicAction, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard
any Content within the Service if you violate these terms.
YOUR RESPONSIBILITIES
You are
solely responsible for the content of your messages. Using the CommunicAction
Service in connection with surveys, contests, pyramid schemes, chain letters,
junk e-mail, spamming or any duplicative or unsolicited messages (commercial
or otherwise) is prohibited.
In consideration of your use of the Service, you agree to:
1. Provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form
2. Maintain and promptly inform us to update the Registration Data to keep
it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or CommunicAction
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, CommunicAction has the right to suspend or terminate
your account and refuse any and all current or future use of the Service
(or any portion thereof).
3. You will receive a password and account designation upon completing
the Service's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account.
You agree to
- immediately notify CommunicAction of any unauthorized use of your password
or account or any other breach of security
- ensure that you exit from your account at the end of each session.
CommunicAction cannot and will not be
liable for any loss or damage arising from your failure to comply with
this
4. Any Customer
in violation of system or network security is subject to criminal and civil
liability, as well as immediate account termination. Examples include,
but are not limited to the following: Unauthorized access, use, probe,
or scan of a systems security or authentication measures, data or traffic.
Interference with service to any user, host or network including, without
limitation, e-mail bombing, flooding deliberate attempts to overload a
system and broadcast attacks. Forging of any TCP/IP packet header or any
part of the header information in an e-mail or newsgroups posting.
5. Customer
agrees not to publish on or over its account any information, software
or other content which violates or infringes upon the rights of any others
or which knowingly contravenes the laws of any jurisdiction in which such
content is generally accessible.
6. CommunicAction
does NOT allow sites that provide any content, points of distribution,
or 'links' to sites that:
- infringe
on any third party's intellectual property or proprietary rights, or rights
of publicity or privacy;
- violate
any law, statute, ordinance or regulation;
- are defamatory,
trade libelous, threatening, unlawfully harassing, abusive, pornographic
or obscene;
- contain
viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files,
or any other similar software or programs that may damage the operation
of another's computer or property of another;
- contain
Pirated or Hacking / Phreaking Software (Warez)- Any software that is copyrighted
and not freely available for distribution without cost. ROMs, ROM Emulators
and Mpeg Layer 3 files (MP3) all fall under this jurisdiction;
- has any
erotic or pornographic material.
SPAMMING
IS PROHIBITED
We will
determine in our sole discretion whether any of the messages you send are
spam. For your information, spamming generally includes, but is not limited
to:
- the bulk
sending of unsolicited messages, or the sending of unsolicited e-mails
which provoke complaints from recipients
- the sending
of junk mail
- the use
of distribution lists that include people who have not given specific permission
to be included in such distribution process
- posting
commercial ads to USENET newsgroups that do not permit it
- posting
articles containing binary encoded data to a non-binary newsgroups
- excessive
and repeated posting off-topic messages to newsgroups
- excessive
and repeated cross-posting
- e-mail
harassment of another Internet Customer or Customers, including but not
limited to, transmitting any threatening, libelous or obscene material,
or material of any nature which could be deemed to be offensive
- the e-mailing
of age-inappropriate communications or content to anyone under the age
of 18.
Any customer who is found to Spam over the network will have his account
immediately suspended and no reimbursement wil be issued.
COPYRIGHTS
Copyrighted
material must not be placed on Customer's account without the permission
of the owner(s) or person(s) they specifically authorize. Only the owner(s)
or such authorized person(s) may upload copyrighted material to the account.
Upon our receipt of notice of a claimed copyright infringement containing
the above information, after confirmation we will promptly remove the allegedly
infringing material from the Services and carry out further procedures
if necessary. We will have no liability to any Customer of the Services
for the removal of any such material.
Please report any violations
of the Terms of Service to abuse actionhearst.com
|