Server101

Webhosting & eCommerce

Shared Hosting Terms Of Service

Server101 welcomes you and is glad you have chosen Server101 as your web site host. Server101 encourages you, the member, to utilize the many services made available to you, making your web experience a pleasant and successful venture.

The Terms of Service and Conditions of Membership Agreement provides the registered member with Server101's services, policies and a statement of what is allowed and not allowed, thereby giving you practical but precise approaches for what is acceptable to the Server101 Community. By registering with Server101 as a Member you agree to use the Server101 Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions outlined below:

Membership with Server101

Membership is available to anyone who registers with a legitimate electronic mail address. Server101 does not discriminate on the basis of age, gender or ethnicity.

Price and Payment

The Member authorizes Server101 to charge all fees due to the submitted payment details.

All hosting contracts are automatically renewed for another term unless a written notice of cancelation has been given by either party at least one week in advance of the renewal date / anniversary date.

If an account has been setup and the initial rent and setup fee are not paid, Server101 has the right to immediately close the account and to refuse service.

If for some reason the Member is not completely satisfied, the Member may cancel the account within thirty (30) days of the Application and receive a full refund of any service charges. This policy does not apply outside the first 30 day period.

The 30 Day money back Guarantee does not apply to accounts participating in the free domain offer. Hosting fees will be refunded minus the setup fee.

All cancellation requests must be initiated by an email from the primary contact person on the account who shall provide sufficient identification. Account terms are final and there are no refunds of unused time if the service contract is canceled by client before the regular expiration date / anniversary date. Any cancellation request shall be effective upon receipt unless otherwise requested.

Definition/Guidelines of Membership

Server101 provides its Members with storage space for their Web Site together with a personal virtual server (membername.). Members may also have their own domain name (www.domain.com) mapped to their storage space.

Members must agree to accept our email messages as part of their service. We only use email to inform you of new membership benefits and features, to let you know of urgent problems on our site, and to present special members-only opportunities to buy products and services that are appropriate to the interests of our Communities. And we keep these messages to a minimum.

Server101 is not responsible for the content of any personal Web Site, and the views expressed by any of its Members are the responsibility of the posting Member and not Server101. Server101 does not review Web pages in any way before they appear on the Member area of the Site.

Server101 reserves the right to modify or remove anything submitted to Server101, and to cancel membership at anytime. Any site that violates the following guidelines will be immediately removed from Server101.

Member's Web pages cannot contain or provide links to:

  • Nudity, pornography, and sexual material of a lewd, lecherous or obscene nature and intent or that violate local, state and national laws.


  • Any material that violates or infringes in any way upon the rights of others, including, without limitation, copyright or trademark rights; this includes "WAREZ" (copyrighted software that is distributed illegally), "mp3" files of copyrighted music, copyrighted photographs, text, video or artwork. If you don't own the copyright or have documented permission to use it, don't put it on your site at Server101.


  • Any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable; this includes posting other peoples' private information.


  • Content that promotes, encourages, or provides instructional information about illegal activities---specifically hacking, cracking, or phreaking.


  • Any software, information, or other material that contains a virus, "Trojan Horse", corrupted data, or any other harmful or damaging component;


  • Hate propaganda or hate mongering, swearing, or fraudulent material or activity;


  • Using in the registration of your Server101 Membership an email account that is or becomes inactive or that is not your own email Account.


Server101 may terminate Membership and any and all information, communications, Postings, or Web pages at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out by Server101 elsewhere on the Site. Server101 may terminate Membership and delete any and all information, communications, Postings, or Web pages for online conduct that Server101 believes is harmful to other Members, the business of Server101, or other third-party information providers.

Server101 provides space for Member Web pages but makes no implied or express warranties about the reliability of these pages. Server101 is not responsible for any damage caused by loss of access to, or deletion or alteration of Member pages; individual Members are responsible for monitoring and creating backups of their pages not Server101.

If Server101 becomes aware of the presence of copyright infringing material on its server either in the course of its ordinary and reasonable business activities, or through notification by a third party who alerts Server101, preferably by certified mail, of the specific location of the alleged presence of such materials, Server101 will:

    1. Contact the Member responsible for the page and alert him or her of the allegations of copyright infringement and notify the person that within five days he or she must respond as to why the allegedly infringing material does not infringe the purported copyright. Server101 will also alert the Member that absent such a response, Server101 reserves the right to delete the page/site; and

    2. If the Member fails to respond within five days, Server101 will make a decision whether to remove the page/site. If the alerted party responds to the allegations and claims the page is not infringing, Server101 will either forward the response to the third party alleging the infringement, or in the case that Server101 has discovered the infringement, make a decision whether to remove the page. If in its sole discretion, Server101 concludes that one of its Member's home pages contains a particularly flagrant copyright violation, Server101 reserves the right to delete the offending home page at any time.

Rules for Online Conduct

Server101 Bulletin boards, Chatrooms & Email Postings

The Member agrees not to include any electronic mail or postings ("Postings") that contain any of the following material in Server101 Bulletin boards, Chatrooms, or email transmissions:

    a) Material that defames abuses or threatens others.
    b) Statements that are bigoted, hateful or racially offensive.
    c) Material that advocates illegal activity.
    d) Material that contains obscene content.

Network abuses, including but not limited to mail abuse (mass mailing unsolicited email) and usenet news abuse (mass crossposting articles unrelated to group topics), is prohibited and will result in termination of membership at the discretion of Server101.


Privacy
All information provided by a Member is strictly confidential. Server101reserves the right to distribute aggregated demographic information provided by Members, but will never release the name or other personal information about a Member without the permission of that Member. However, Server101 reserves the right to release current or past member information in the event:
    1. Server101 believes that the membership is being or has been used in violation of the Terms of Service,
    2. or to commit unlawful acts,

    3. or if the information is subpoenaed,

    4. or when Server101 deems it necessary or appropriate.

The exchange between Server101 and the Member of information such as passwords or electronic mail may not be secure given the current state of Internet technology. Server101 encourages Members to change their passwords frequently.


Liability and Guarantee

The Member agrees that the use of the Site is entirely at the Member's own risk. The Site is provided on an "as is" basis without warranties of any kind, either expressed or implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose.

Server101 is not responsible for the delivery or quality of any goods or services sold or advertised through or on Server101 members' page(s).

Server101 makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Server101 service. In no event will Server101 be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Server101's services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.

Indemnity

The Member agrees to indemnify and hold Server101 harmless from any loss, liability, claims, damages and expenses, including attorneys' fees, arising from or related to the content, use, or deletion of the Member's pages or use of any other Server101 feature or service. This expressly includes:

    (i) Member's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights, and

    (ii) Any defamatory or unlawful material contained within Member Web pages or Postings.

Merger

This document supersedes all previous agreements, proposals and communications, either written or verbal. Server101 reserves the right to change or amend these Terms of Service at any time without prior notice. By becoming a Server101 Member, you signify your agreement to these Terms of Service.

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