Terms Of Use,
Privacy and
Customer
Agreement Policy
724 Hosting-
Customer
Agreement for
Internet Web
Hosting Services
This is a
contract. Please
read it
carefully.
1. Parties.
724 Hosting is
an Internet Web
Hosting Service
Provider
operated by 724
Incorporated and
a party to this
Agreement. The
person whose
signature
appears on the
original sign-up
agreement
(herein referred
to as "you") is
the other party
to this
Agreement.
2. Agreement:
Change in Terms.
By accessing 724
Inc. services,
you agree to be
bound by the
terms of this
Agreement. You
also agree to be
bound by any
change in these
terms which may
be published via
724 Inc.
services while
you are a user
of 724 Inc.
services. If you
do not want to
be bound by the
terms of this
Agreement or by
any subsequent
changes to these
terms, please
contact 724
Hosting
immediately so
that we may
close your
account. You
will have 15
days to move or
dis-continue
your service
once you notify
724 Hosting of
your dis-satisfaction
of any policy
changes.
3. Limitation of
Liability and
Indemnity.
You agree that
724 Inc. will
not be liable to
you, beyond the
refund of your
current term's
charges, for any
direct,
indirect,
consequential,
special or
punitive
damage(s) or
loss(es)
whatsoever you
may incur in
connection with
the use of the
724 Inc. system
or any of the
data or other
material
transmitted
through or
residing on the
724 Inc. system,
even if 724 Inc.
has been advised
of the
possibility of
such damage or
loss. This
includes, but is
not limited to,
loss of data or
any other loss
whatsoever
resulting from
delays,
non-deliveries,
mis-deliveries,
or service
interruptions of
any nature
whatsoever. In
addition, you
agree to defend
and indemnify
724 Inc. and
hold 724 Inc.
harmless from
and against any
and all claims,
proceedings,
damages,
injuries,
liabilities,
losses, costs
and expenses
(including
reasonable
attorneys fees)
relating to any
acts by you or
materials or
information
transmitted by
you or any use
by you of 724
Inc. services
which leads
wholly or
partially to
claims against
724 Inc. or the
724 Inc. system
by you, by
another customer
or by any other
person or
entity. Without
limiting the
generality of
the above
paragraph, you
further
acknowledge and
agree that:
a. No
Warranties: No
Responsibility.
724 Inc.
exercises no
control
whatsoever over
the content of
the information
passing through
its Internet
connection. 724
Inc. makes no
warranties of
any kind,
whether
expressed or
implied, as to
the
availability,
accuracy, or
content of the
information,
products, or
services is is
providing. 724
Inc. disclaims
any warranty of
merchantability
or fitness for
any particular
purpose. Use of
any information
or data obtained
via 724 Inc. is
at your own
risk. 724 Inc.
bears no
responsibility
for the accuracy
or quality of
information
obtained through
its services or
listed on any of
our websites.
Further
Agreements
You further
acknowledge and
agree:
4. Use
Restricted to
Lawful Purposes.
You agree that
you will only
use 724 Inc.
services for
lawful purposes.
You agree that
you will not
transmit any
material in
violation of any
U.S. federal,
U.S. State, or
foreign law.
This includes,
but is not
limited to
copyrighted
material,
material legally
judged to be
threatening,
obscene, in
violation of the
Communications
Decency Act or
any other
section of the
Telecommunications
Reform Act of
1996, or
material
protected by
trade secret.
Your keyboard
input or files
may be monitored
in the event of
a real or
perceived
security
incident. You
agree that 724
Inc. may remove
objectionable
materials
residing on the
724 Inc. server.
Such removal
shall be at 724
Inc.'s sole
discretion and
724 Inc. shall
be the sole
judge of what
constitutes
objectionable
material.
5. Other
Networks: Access
and Cancellation
at 724 Inc.
Discretion.
You agree to
comply with the
acceptable use
policies, rules
and regulations,
and terms and
conditions of
any networks
accessed by you
through 724
Inc.. 724 Inc.
reserves the
right to refuse
service to
anyone.
724 Inc. further
reserves the
right to deny
access to, or
close, any
account(s)
which, in 724
Inc.'s sole
opinion, is
(are) causing,
or may cause,
harm to a 724
Inc. server or
to to other
systems or for
any other reason
determined by
724 Inc. 724
Inc. will make
reasonable
effort to notify
any user of 724
Inc. action, but
is not bound by
this agreement
to do so.
6. Account
Usage.
When you accept
this Agreement
and pay the
appropriate
charge, you are
entitled to an
account. An
individual
account entitles
only the named
user to log in.
7. CPU Usage.
Programs used to
emulate a TCP/IP
connection from
within a shell
account are
prohibited.
9. Disk Usage.
You agree that
storage of user
data will be
done within the
user's assigned
home directory,
or as assigned
by the 724 Inc.
staff. You agree
not to use other
disk space,
except for 724
Inc. system
programs making
temporary use of
the system's
public file
system areas.
724 Inc. agrees
to supply
account users
the specified
amount of disk
space as stated
on the sign up
form. Those
requiring
additional disk
space may
contact 724 Inc.
for details.
10. Mail Usage.
You agree that
you will not
send
unsolicited
bulk mail to
more than one
hundred (100)
users nor
unsolicited
commercial mail
to multiple
recipients or
use your 724
Inc. account or
web pages as a
return address
for unsolicited
commercial mail
originated
elsewhere.
11. Usenet
Usage.
You agree not to
make commercial
postings to
newsgroups the
charter of which
does not
specifically
allow commercial
postings, or
postings which
are directed to
either
inappropriate,
unrelated, or
more than twenty
(20) groups or
use your 724
Inc. account or
web pages as a
return address
for such
postings
originated
elsewhere.
12. System
Abuse.
Administrative
intervention
required due to
abuse of any of
the policies in
the Agreement
will be billed
to the user at
$100 per hour.
This includes
but is not
limited to
administrative
intervention on
dedicated
servers and
co-located
servers which is
caused by any
virus, trojan,
hacker or other
break-in beyond
724 Inc's
control. It is
the dedicated or
co-located
customers
responsibility
to keep their
software up to
date to prevent
security
breaches on
their servers.
13. Refund and
Guarantee Policy
724 Hosting
offers a 30 day
guarantee on all
shared web
hosting
accounts.
In the event you
decide that you
are dis-satisfied
with service
within the first
30 days, 724
Hosting will
refund to you
the entire
pre-payment for
the monthly web
hosting fees
only. Sorry, but
Set-Up fees and
Domain
registration
fees are not
refundable.
In addition, 724
Hosting offers a
30 day guarantee
on all Dedicated
server and
co-location
accounts. In the
event you decide
that you are dis-satisfied
with service
within the first
30 days, 724
Hosting will
refund to you
the entire
pre-payment for
the monthly
dedicated server
or co-location
hosting fees
only. Set-Up
fees for
Co-location
Services are not
refundable.
Set-Up fees for
Dedicated Server
services are
refundable only
if requested
before
installation and
configuration of
your web server.
Once
installation and
configuration is
complete, there
will be no
refund of any
setup fees. Any
customer who
cancels an
account after
their account
has already been
charged or paid, either
intentionally or
un-intentionally
and wishes a
refund will be
charged a $15.00
handling fee +
be liable for
50% of the cost
of the remainder
of their paid
term
14. Billing
Policies;
Application
Form; Changes.
The Application
Form which you
signed is hereby
incorporated
into this
Agreement. You
agree that 724
Inc. may change
its rates and
otherwise modify
any terms and
conditions of
this Agreement
by notifying you
via 724 Inc.'s
services 30 days
in advance of
the effective
date of such
changes. Until
you notify us to
close your
account, you
agree that any
new terms and
conditions will
supersede all
previous
representations,
understandings,
or agreements
and shall
prevail
notwithstanding
any variance
with the terms
and conditions
of this
agreement and
all order forms
submitted. To
open or close a
724 Inc. account
requires written
notification by
FAX, U.S. Mail
or e-mail. You
agree to notify
724 Inc. via
email to
billing@724hosting.com,
postal mail, or
fax of any
changes to your
address or
telephone
number. Service
is invoiced in
advance of
applicable term.
You agree to pay
service charges
until the end of
the billing
cycle in which
you request
cancellation.
Written
notification of
cancellation
must be received
at least five
days prior to
your cycle date,
with the cycle
date being the
day of the month
you sign up, in
order to avoid
charges in full
for the next
cycle. Upon such
notification,
724 Inc. agrees
to refund the
service fees for
any future terms
outside your
cycle as
described above,
and close your
account at the
end of the
cycle. All
accounts will
continue to be
billed until a
written notice
of cancellation
is received,
whether or not
the account is
actively used.
Acceptable
billing methods
include:
automatic credit
card debiting,
or quarterly
billing in
advance by
postal mail. If
quarterly
billing in
advance is
chosen, payment
is due upon
receipt of
invoice. Direct
debit accounts
will
automatically be
charged at the
beginning of the
next billing
cycle unless we
receive written
notice from you
to cancel your
account. If 724
Inc. does not
receive payment
within fifteen
(10) days of
your due date,
you will be
mailed by postal
mail a reminder
notice and may
be charged a
$15.00 past due
fee. If payment
is not received
with ten (10)
days of the
notice, the
account will be
temporarily
deactivated, and
a $15.00
reactivation fee
will apply to
have the account
reactivated. If
after thirty
days of
suspension,
payment is still
not received the
account will be
deleted,
including all
stored email. If
you check is
returned to 724
Inc. unpaid, you
agree to pay a
returned check
charge of
$20.00. If you
default, you
agree to pay 724
Inc. reasonable
collection
expenses,
including
attorney and
collection
agency fees.
Further, for
co-location
servers, it is
the customers
responsibility
to make
arrangements to
either pick up
your equipment
or have it
shipped to you
within 30 days
of cancellation.
Any customer
equipment left
at the 724 Inc.
datacenter after
30 days of
cancellation
will incur a
$50.00 per month
storage fee.
15. Choice of
Law.
You and 724 Inc.
agree that the
law of the State
of California,
U.S.A. will
apply to all
matters relating
to this
Agreement and to
724 Inc.
services. In
addition, you
and 724 Inc.
agree and
consent that the
courts of Santa
Barbara County,
California,
U.S.A., will
have exclusive
jurisdiction and
be the exclusive
venue for any
legal actions
relating to this
Agreement or to
the services
provided
hereunder.
16. Rights not
Waived.
Failure by
either you or
724 Inc. to
insist upon
compliance by
the other party
with the terms
and conditions
of this
Agreement shall
not constitute a
waiver of any
rights under
this Agreement.
17. Partial
Invalidity.
If any part,
term, or
provision of
this Agreement
is determined to
be invalid or
unenforceable by
a court, board,
or tribunal of
competent
jurisdiction,
such term or
provision shall
be construed in
all respects as
if such
provision were
written in a
manner
acceptable to
said court,
board, or
tribunal, or, if
such provision
is found to be
totally
unacceptable to
such court,
board, or
tribunal in any
form, then as if
such invalid
provision were
omitted
altogether.
18. Copyright©.
All photos and
images in this
site are for
representation
purposes only.
No claim is made
as to the
purchase of the
actual product
shown. Images
representing
company products
other than those
of 724 Hosting
and 724 Inc. are
copyrights of
the respected
owners. Dell
products are
copyrights of
Dell
Corporation.
Microsoft
products
including
FrontPage are
copyrights of
Microsoft
Corporation.
19. Entire
Agreement.
It is expressly
understood that
there are no
oral agreements
or
understandings
between you and
724 Inc. which
will be deemed
to extend,
restrict, or
otherwise
supersede the
exact terms of
this agreement.
If any provision
of this
Agreement fails
to comply with
applicable law,
then this
Agreement shall,
without prior
notice, be
automatically
modified to
conform with the
minimum
requirements of
any law or
governmental
regulation
having
application to
or jurisdiction
over the subject
matter or the
parties hereto.
Otherwise, this
Agreement, the
Application
Form, and any
later written
changes
published via
724 Inc.
service,
constitutes the
entire agreement
between the
parties.
20. Lastly, some
of the 724
Inc.'s software
vendors require
us to list their
software
policies or
privacy
statements if we
use their
products. Below
are individual
policies as
handed down from
724 Inc.'s
vendors.
Live Stats -
DeepMetrix Corp.
-
http://www.deepmetrix.com/legal/privacy/products/
|
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