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BRONZE
- $8.25/month...$99 / year
The Perfect Solution for
your basic
Web Site
SILVER
- $12.50/month...$150 / year
Features Galore at a Great Price !
CGI and FrontPage
GOLD
- $16.50...$200 / year
For Advanced Builders, database
support and Ecommerce
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50 Megs of Disk Space
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3 GB of File Transfer
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CGI Bin
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Shopping Cart
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SQL
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Perl and PHP Support
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Server Side Includes
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15 Email Account
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BY SUBSCRIBING TO OUR SERVICES, YOU UNCONDITIONALLY, UNEQUIVOCALLY,
AND INVEVOCABLY ACCEPT THE FOLLOWING TERMS & CONDITIONS AND
FURTHER UNDERTAKE TO ABIDE BY THE SAME FOR ALL TIMES
Exclaim Domain Hosting is a Web Presence Provider. User accounts
on our Internet servers are subject to compliance with the terms
and conditions set forth below. Under the terms of this agreement,
your placement of information on Exclaim Domain Hosting’s
servers is an acknowledgment that you have read and understood
this agreement, and that you agree to be bound by the terms and
conditions below. If you do not wish to be bound by these terms
and conditions, you should not proceed to place any information
of any kind on Exclaim Domain Hosting’s servers. Exclaim
Domain Hosting is a subsidiary of Gearth Information Technology.
Terms of Service
Exclaim Domain Hosting (referred hereinafter as 'Exclaim Domain Hosting', 'our', 'we' and 'us')
is a web hosting firm. All accounts on our web servers, including
single-domain, reseller and resold accounts, are subject to the
terms and conditions described in this document. Under the terms
of this agreement, your placement of information on our servers
is an acknowledgement that you have read, understand, and agree
to be bound by terms and conditions below.
1. User Conduct
Our services may only be used for lawful purposes -- any use
of these services which violates any laws which may apply to Exclaim Domain Hosting,
your local jurisdiction, or any jurisdiction that you or your
site may be subject to is strictly prohibited.
This means that while using the service, you may not:
Post or transmit any unlawful, threatening, abusive, defamatory,
obscene, libelous, offensive, pornographic, indecent, profane,
or otherwise objectionable information of any kind, including
without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to
civil liability, or otherwise violate any law.
Restrict or inhibit any other user from using and enjoying the
Internet.
Exclaim Domain Hosting reserves to the right to the final decision on what constitutes
abuse.
2. Resource Usage, Adult-Oriented Sites
Users may not initiate the following on our servers:
Run any process that requires more than 8Mb of memory space,
more than 30 CPU seconds, or use more than 5% of all available
system resources at any time.
Run any type of interactive real-time chat applications that require
server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point
in time on the server. This includes any and all daemons, such
as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat)
network.
Run any site with adult-oriented content, including but not limited
to any pornographic material.
Users are also required to abide by the following:
Databases are only to be used for Exclaim Domain Hosting-hosted web sites, and
no outside access will be granted.
Zero Tolerance Spam Policy: We take a zero tolerance stance against
sending of unsolicited e-mail, commonly known as spam. Any user
who sends out spam will have their account terminated without
notice, this includes reseller and resold accounts.
Exclaim Domain Hosting reserves the right to require changes or disable as necessary
any web site, account, database, or other component that does
not comply with this policy, at its sole discretion. Exclaim Domain Hosting also
reserves the right to make any such modifications in an emergency
at our sole discretion.
3. Indemnification
You agree to indemnify, defend, and hold harmless Exclaim Domain Hosting from
any and all liability, penalties, losses, damages, costs, expenses,
attorneys' fees, causes of action or claims caused by or resulting
indirectly from your use of the service which damages either you,
Exclaim Domain Hosting, or any other party or parties without limitation or exception.
This indemnification and hold harmless agreement extends to all
issues associated with your account, including but not limited
to domain name selection and Web site content.
4. Refusal or discontinuation of service
Exclaim Domain Hosting reserves the right to refuse or discontinue service to
anyone at Exclaim Domain Hosting' sole discretion. Exclaim Domain Hosting may deny you access
to all or part of the service without notice if you engage in
any conduct or activities that Exclaim Domain Hosting in its sole discretion believes
violates any of the terms and conditions in this agreement. Exclaim Domain Hosting
shall have no responsibility to notify any third-party providers
of services, merchandise, or information, nor any responsibility
for any consequences resulting from such discontinuance or lack
of notification. You agree that Exclaim Domain Hosting has the right to monitor
the service electronically from time to time and to disclose any
information as necessary to satisfy the law, or to protect itself
or its subscribers. Exclaim Domain Hosting reserves the right to refuse to post
or to remove any information or materials, in whole or in part,
that, in its sole discretion, are unacceptable, undesirable, or
in violation of this agreement. Exclaim Domain Hosting also reserves the right
to refuse refunds in cases where Exclaim Domain Hosting believes abuse has taken
place.
5. No warranties
Exclaim Domain Hosting makes no warranties or representations of any kind for
the services being offered. The service is provided on an "as
is" and "as available" basis without warranties
of any kind, either express or implied, including but not limited
to warranties of title, non-infringement, or implied warranties
of merchantability or fitness for a particular purpose. No advice
or information given by Exclaim Domain Hosting or its agents or employees shall
create a warranty. Exclaim Domain Hosting provides no warranty that the service
will be uninterrupted or error free or that any information, software
or other material accessible on the service is free from viruses
or other harmful components. Under no circumstances shall Exclaim Domain Hosting
be liable for any direct, indirect, special, punitive, or consequential
damages that result in any way from your use of or inability to
use the service, or for third parties' use of the service to access
your Web space, or to access the Internet or any part thereof,
or your or any third parties' reliance on or use of information,
services, or merchandise provided on or through the service, or
that result from mistakes, omissions, interruptions, deletion
of files, errors, defects, delays in operation or transmission,
or any failure of performance. If you are dissatisfied with Exclaim Domain Hosting
service or any of its terms, conditions, rules, policies, guidelines,
or practices, your sole and exclusive remedy is to discontinue
using the service.
You understand that by placing information on Exclaim Domain Hosting' servers
that such information becomes available to all Internet users
and that Exclaim Domain Hosting has no way of limiting or restricting access to
such information or protecting such information from copyright
infringement. You assume total responsibility and risk for your
use of Exclaim Domain Hosting' servers and the Internet. It is solely your responsibility
to evaluate the accuracy, completeness, and usefulness of all
opinions, advice, services and other information, and the quality
and merchantability of all merchandise provided through Exclaim Domain Hosting
or on the Internet generally.
Your use of the service is at your sole risk. Exclaim Domain Hosting is not responsible
for files and data residing on your account. You agree to take
full responsibility for files and data transferred and to maintain
all appropriate backup of files and data stored on Exclaim Domain Hosting servers.
You agree not to interfere with the operation of the system.
You further agree not to interfere with the proper operation of
other systems reachable through the Internet, including any attempt
at unauthorized access. You agree to adhere to system policies
as published by Exclaim Domain Hosting, including restrictions on services available
with each service type, restrictions on certain features, and
all other policies. You agree to abide by any and all future Exclaim Domain Hosting
policy decisions.
Exclaim Domain Hosting reserves the right to monitor any and all communications
through or with our facilities. You agree that Exclaim Domain Hosting is not considered
a "secure communications medium" for the purposes of
the ECPA, and that no expectation of privacy is afforded.
6. Account-Holder Identification Information
You agree that you as the person legally responsible for all
use of this account, are at least 18 years of age. If you are
under 18 years of age, you need to have parental consent in order
to sign up, and the account must be ordered by a parent or guardian,
in their own name. You agree to supply Exclaim Domain Hosting with a current and
truthful name, postal address and telephone number for our records,
and you have a continued obligation to keep this information current.
You also agree that you are an authorized user of any credit card
that you supply to us, and you understand and agree that we have
an obligation to fully investigate any possible fraudulent credit
card use.
7. Sharing of account space & resale restrictions
You agree and understand that the account you purchase is purchased
either for yourself or on behalf of a client if you are a reseller.
You understand that as a reseller, you are the individual solely
responsible for all use of the account.
8. Payment & Other Information
You agree to supply appropriate payment for the services received
from Exclaim Domain Hosting, in advance of the time period during which such services
are provided. You agree that until and unless you notify Exclaim Domain Hosting
of your desire to cancel any or all services received, those services
will be billed on a recurring basis.
9. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication
you may have had with Exclaim Domain Hosting or any agent or representative thereof,
and constitutes the complete and total agreement between the parties.
Should any provision of this agreement is determined to be invalid
or unenforceable, all other provisions shall remain in full force
and effect and said provision shall be reformed only to the extent
necessary to make it enforceable.
By placing and continuing to maintain or place information on
Exclaim Domain Hosting' servers you are stating and acknowledging that you have
read the aforementioned terms and conditions and that you understand
such terms and conditions and agree to be bound by them.
10. Money Back Guarantee
Each reseller plan includes a full 30-days money back guarantee.
If you are not completely satisfied with our services within
the refund time period specified for your plan, you will be given
a full refund of the contract amount excluding overages. No refund
is available after that period. This policy does not apply to
any additional services such as overages, disk space, bandwidth,
maintenance fees, etc.
Accounts cancelled/terminated by Exclaim Domain Hosting for violating our Acceptable
Usage Policy do not qualify for the 30-day money back guarantee.
Only first-time accounts are elegible for a refund. For example,
if you've had an account with us before, cancelled and signed
up again, you will not be elegible for a refund. This is to protect
our refund guarantee from being abused. To receive a full refund,
contact our customer service departement.
PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication
you may have had with Exclaim Domain Hosting or any agent or representative
thereof, and constitutes the complete and total agreement between
the parties.
SEVERABILITY
If any provision of this agreement is determined to be invalid
or unenforceable, all other provisions shall remain in full force
and effect and said provision shall be reformed only to the extent
necessary to make it enforceable.
JURISDICTION
The laws of the Province of British Columbia shall govern this
agreement.
ACKNOWLEDGEMENT
By placing and continuing to maintain or place information Exclaim Domain Hosting' servers you are stating and acknowledging that you
have read the aforementioned terms and conditions and that you
understand such terms and conditions and agree to be bound by
them.
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