1. Term of Agreement; Modification. You agree that
mosaikhosting.com may modify this Agreement and the services it
offers to You from time to time. You agree to be bound by any changes
mosaikhosting.com may reasonably make to this Agreement when
such changes are made. If You have purchased services or products from
mosaikhosting.com, the term of this Agreement shall continue in
full force and effect as long as You take advantage of and use the
products or services.
2. Accurate Information. You agree to maintain accurate information by
providing updates to mosaikhosting.com, as needed, while You
are using mosaikhosting.com's products and services. You agree
You will notify mosaikhosting.com within five (5) business days
when any change of the information You provided as part of the
application and/or registration process changes. Failure by You, for
whatever reason, to respond within five (5) business days to any
inquiries made by mosaikhosting.com to determine the validity
of information provided by You will constitute a material breach of this
Agreement. If You provide any information that is inaccurate, not
current, false, misleading or incomplete, or if
mosaikhosting.com has reasonable grounds to suspect that Your
information is inaccurate, not current, false, misleading or incomplete,
mosaikhosting.com has the absolute right, in its sole
discretion, to terminate its Services and close Your account.
3. Privacy. You can view mosaikhosting.com's Privacy Policy,
which is incorporated herein by reference, as it is applicable to all
mosaikhosting.com products and services. The Privacy Policy
sets out Your rights and mosaikhosting.com's responsibilities
with regard to Your personal information. mosaikhosting.com
will not use Your information in any way inconsistent with the purposes
and limitations provided in the Privacy Policy.
4. Prohibited Activities:
You agree not to engage in unacceptable use of any of
mosaikhosting.com products and/or services, which includes,
without limitation, use of mosaikhosting.com products and/or
services to: (i) disseminate or transmit unsolicited messages, chain
letters, unsolicited commercial email or unreasonably large volumes of
email on a daily basis, provided, mosaikhosting.com, in its
sole discretion, may permit You, if You have a legitimate purpose and
after written request, to send more email than
mosaikhosting.com's standard SMTP relay limit; (ii) disseminate
or transmit any material that, to a reasonable person may be abusive,
obscene, pornographic, defamatory, harassing, grossly offensive, vulgar,
threatening or malicious; (iii) disseminate or transmit files,
graphics, software or other material, data or work that actually or
potentially infringes the copyright, trademark, patent, trade secret or
other intellectual property right of any person; (iv) create a false
identity or to otherwise attempt to mislead any person as to the
identity, source or origin of any communication; (v) export, re-export
or permit downloading of any message or content in violation of any
export or import law, regulation or restriction of the United States and
its agencies or authorities, or without all required approvals,
licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain
unauthorized access to any computer system, server, network or account
for which You do not have authorization to access or at a level
exceeding Your authorization; (vii) disseminate or transmit any virus,
trojan horse or other malicious, harmful or disabling data, work, code
or program; (viii) engage in any other activity deemed by
mosaikhosting.com to be in conflict with the spirit or intent
of this Agreement or any mosaikhosting.com policy; or (ix) use
Your server as an "open relay" or similar purposes. This includes but is
not limited to pirated software, hacking programs or archives, warez
and mp3 sites and IRC bots. mosaikhosting.com is the sole
arbiter as to what constitutes a violation of this provision.
Violations of system or network security are prohibited, and may result
in criminal and civil liability. 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, 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 a newsgroup posting.
It is a violation for anyone to employ posts or programs which consume
excessive CPU time or storage space; permits the use of mail services,
mail forwarding capabilities, POP accounts, or auto responders other
than for the user's own account; or resell access to CGI scripts
installed on Our servers. mosaikhosting.com prohibits the
running of a public recursive DNS service on any
mosaikhosting.com server. All recursive DNS servers must be
secured to allow only internet network access or a limited set of IP
addresses. mosaikhosting.com actively scans for the presence of
public DNS services and reserves the right to remove any servers from
the network that violate this restriction.
You are responsible for ensuring that there is no excessive overloading
of mosaikhosting.com's DNS system or servers. In the event that
You exceed Your allotted bandwidth and thereby overload
mosaikhosting.com's DNS or servers, You shall be assessed any
and all fees, costs and penalties associated with such overloading. You
may not use mosaikhosting.com's servers and Your Server Account
as a source, intermediary, reply to address, or destination address for
mail bombs, Internet packet flooding, packet corruption, denial of
service, or other abusive activities. Server hacking or other
perpetration of security breaches is prohibited and
mosaikhosting.com reserves the right to immediately remove
sites that contain information about hacking or links to such
information. Use of Your server account as an anonymous gateway is
prohibited, as is Your use of mosaikhosting.com products and/or
services to restrict or inhibit any other user from using and enjoying
the Internet. You acknowledge and agree that mosaikhosting.com
has the right to remove Your server content temporarily or permanently
from its dedicated servers if mosaikhosting.com is the
recipient of activities that threaten the stability of its network.
You agree not to provide free services such as free hosting, free
subdomains or free email accounts. Account holders found violating this
section will be terminated immediately and all payments forfeited.
5. Storage and Security. At all times, You shall bear full risk of loss
and damage to Your server and all of Your server content. You are
entirely responsible for maintaining the confidentiality of Your
password and account information. You acknowledge and agree that You are
solely responsible for all acts, omissions and use under and charges
incurred with Your account or password or in connection with the server
or any of Your server content displayed, linked, transmitted through or
stored on the server. You shall be solely responsible for undertaking
measures to: (i) prevent any loss or damage to Your server content; (ii)
maintain independent archival and backup copies of Your server content;
(iii) ensure the security, confidentiality and integrity of Your server
content transmitted through or stored on mosaikhosting.com
servers; and (iv) ensure the confidentiality of Your password.
mosaikhosting.com's servers are not an archive and
mosaikhosting.com shall have no liability to You or any other
person for loss, damage or destruction of any of Your content. The
services offered by mosaikhosting.com are not intended to
provide a PCI (Payment Card Industry) compliant environment and
therefore should not be utilized as such without further compliance
activity. mosaikhosting.com shall have no liability to You or
any other person for Your use of mosaikhosting.com products
and/or services in violation of these terms.
6. Non-exclusive License. If You have licensed software from
mosaikhosting.com, mosaikhosting.com grants You a
limited, non-exclusive, nontransferable and non-assignable license to
use the software for such purposes as are ordinary and customary. You
are free to use the software on any computer, but not on two or more
computers at one time. You agree to not alter or modify the software.
You agree You are not authorized to combine the software with any other
software program, create derivative works based upon the software, nor
are You authorized to integrate any plug-in or enhancement which uses or
relies upon the software. You further agree not to reverse engineer,
decompile or otherwise attempt to uncover the source code.
mosaikhosting.com reserves all rights to the software. The
software and any copies You are authorized to make are the intellectual
property of mosaikhosting.com. The source code and its
organization are the exclusive property of mosaikhosting.com
and the software is protected by copyright law. Except as expressly
provided for in this section, this Agreement does not grant You any
rights in the software and all rights are reserved by
mosaikhosting.com.
Any such software and services are provided to You "as is" without
warranty of any kind either express or implied, including but not
limited to the implied warranties or conditions of merchantability or
fitness for a particular purpose.
7. mosaikhosting.com Account. mosaikhosting.com will
host an account for You corresponding with the purchased, leased or
provided domain name(s) and for the period of time corresponding with
the payment plan chosen by You. The contract will automatically renew at
the end of The Term unless otherwise specified by You. Once the account
cancellation request is received and We process the request as per the
account holders consent, the agreement between You and
mosaikhosting.com is officially terminated. We reserve the
right to remove the account from the web server at any time thereafter.
mosaikhosting.com will NOT host the site for any time period
left once the cancellation request has been received and processed. It
is Your responsibility to make sure that You and Your respective clients
have access to all their files and relevant data before initiating the
cancellation request. mosaikhosting.com shall not be
responsible for any loss of data once the account recurring billing has
been cancelled.
8. Legal Purposes. The web hosting and reseller hosting account and/or
related electronic services can only be used for legal purposes under
all applicable international, federal, provincial, and municipal laws.
The intent of mosaikhosting.com is to provide space to serve
web documents, not as an off- site storage area for electronic files and
is governed by Our Disk Usage Provision, set out in Section 10 of the
Acceptable Use Policy. Violations of these or any other provisions of
this Agreement may result in termination of the services provided by
mosaikhosting.com, with or without the grant of a notice or
cure period, such notice or cure period to be granted at the sole
discretion of mosaikhosting.com based upon the severity of the
violation. mosaikhosting.com reserves the right to refuse
service if any of the content within, or any links from, the Account
Holder's website is deemed illegal, misleading, or obscene, or is
otherwise in breach of mosaikhosting.com's then current
Acceptable Use Policy, in the sole and absolute opinion of
mosaikhosting.com.
9. Rates and Prices. You acknowledge that the nature of the service
furnished and the rates and charges have been communicated to You. You
are aware that mosaikhosting.com reserves the right to change
the specified rates and charges from time to time.
10. Account Use. You agree to follow generally accepted rules of
"Netiquette" when sending e-mail messages or posting to newsgroups. You
are responsible for security of Your password.
mosaikhosting.com will not change passwords to any account
without proof of identification, which is satisfactory to
mosaikhosting.com, which may include written authorization with
signature. In the event of any partnership break-up, divorce or other
legal problems that includes You, You understand that
mosaikhosting.com will remain neutral and may put the account
on hold until the situation has been resolved. Under no circumstances
will mosaikhosting.com be liable for any losses incurred by You
during this time of determination of ownership, or otherwise. The You
agree to indemnify and hold harmless mosaikhosting.com from any
and all claims arising from such ownership disputes.
11. Safe Use. You agree not to harm mosaikhosting.com, its
reputation, computer systems, programming and/or other persons using
mosaikhosting.com.com's services.
mosaikhosting.com.com reserves the right to select the server
for Account Holder's website for best performance. You understand that
the services provided by mosaikhosting.com are provided on a
shared server. In order to keep Our servers running at optimal levels,
any sites running a process that requires more than 8MB of memory, more
than 30 CPU seconds, or uses more than 10% of all available system
resources at any time will be required to move up to Business Hosting or
to be hosted elsewhere. Any sites running a process that requires more
than 24MB of memory, more than 90 CPU seconds, or uses more than 30% of
all available system resources on Business servers at any time will be
required to move up to a dedicated solution or to be hosted elsewhere.
These upgrades may result in an automatic upgrade to a higher-level
pricing plan corresponding with the elevated use requirements.
Alternatively, mosaikhosting.com reserves the right to suspend
services on that specific account until the higher usage may be
accommodated. A failure by You to agree to and comply with the terms of
this provision may result in the termination of the services provided to
You without any refunds of the unused prepaid portion of the fees.
12. Third Party Content. If You elect to sell or resell advertising or
web space to a third party then You will be responsible for the contents
of that advertising and the actions of that third party.
mosaikhosting.com has the absolute right to reject any
advertising or other third party content that is illegal, offensive or
otherwise in breach of the then current mosaikhosting.com
policy or agreement. Such content may result in the suspension or in the
immediate termination of Your account. You are responsible for
monitoring all domain transfers, renewal and orders. In the event that
an error occurs the account holder must notify
mosaikhosting.com immediately of the error. In no event shall
mosaikhosting.com.com be liable to the Account Holder for any
damages resulting from or related to any failure or delay of domain
registration, transfer or renewal.
13. Fees, Payment and Refund. As consideration for the products and/or
services purchased by You and provided to You by
mosaikhosting.com, You agree to pay mosaikhosting.com
at the time You order. All fees are due immediately and are
non-refundable unless otherwise expressly noted, even if Your services
are suspended, terminated, or transferred prior to the end of the term
of service. mosaikhosting.com expressly reserves the right to
modify pricing through email notification and/or notice on its website.
You may receive a refund if Your account is cancelled within the initial
14 days after sign up. If the account holder cancels after the time
period specified, there will be no refund given. Refunds do NOT apply to
dedicated IP addresses, SSL certificates or domain registration related
fees.
14. Billing. If You signed up for a monthly payment plan, Your monthly
billing date will be determined based on the day of the month You
purchase the products or services. If You signed up for an annual (or
longer) payment plan, and You elected the automatic renewal option,
mosaikhosting.com will automatically renew Your services when
they come up for renewal and will take payment in accordance with the
designated payment method at mosaikhosting.com's then current
rates.
If for any reason mosaikhosting.com is unable to charge Your
account for the full amount owed mosaikhosting.com for the
products and/or services provided, or if mosaikhosting.com is
charged a penalty for any fee it previously charged to You, You agree
that mosaikhosting.com may pursue all available remedies in
order to obtain payment. If You pay by credit card and if for any reason
mosaikhosting.com is unable to charge Your credit card with
the full amount of the services provided, or if
mosaikhosting.com is charged back for any fee it previously
charged to the credit card You provided, You agree that
mosaikhosting.com may pursue all available remedies in order to
obtain payment. You agree that among the remedies
mosaikhosting.com may pursue in order to effect payment, shall
include but will not be limited to, immediate cancellation without
notice to You of any domain names or products and/or services registered
or renewed on Your behalf. mosaikhosting.com reserves the
right to charge a reasonable administrative fee for administrative tasks
outside the scope of its regular services, including additional costs
that it may incur in providing the services and pass these costs along
to You.
17. While all purchases are processed in US dollars,
mosaikhosting.com may provide an estimated conversion price to
currencies other than US dollars. You acknowledge and agree that the
pricing displayed during the checkout process is an estimate. Due to
potential slight time delays between actual purchase and the payment
settlement, the actual price charged may fluctuate. Accordingly,
mosaikhosting.com makes no representations or warranties that
the actual price will be the same or substantially similar to the actual
price You will pay and You waive any and all claims based upon any
discrepancy between the estimate and the actual price. In addition, You
may be charged VAT, based on the country indicated in Your billing
address section. Any amounts to be charged will appear during the
checkout process.
18. Limitation of Liability; Waiver and Release. The services offered by
mosaikhosting.com are being provided on an "AS IS" and
mosaikhosting.com expressly disclaims any and all warranties,
whether express or implied, including without limitation any implied
warranties of merchantability or fitness for a particular purpose, to
the fullest extent permitted or authorized by law. Without limitation of
the foregoing, mosaikhosting.com expressly does not warrant
that the mosaikhosting.com products and/or services will meet
Your requirements, function as intended, or that the use of the provided
services will be uninterrupted or error free. In no event shall
mosaikhosting.com be liable for any or all direct, indirect,
incidental, special, exemplary or consequential damages (including, but
not limited to, procurement of substitute goods or services; loss of
use, data, or profits; or business interruption) however caused and on
any theory of liability, whether in contract, strict liability, or tort
(including, but not limited to, negligence or otherwise) arising in any
way out of the use of the services, even if mosaikhosting.com
is aware of or has been advised of the possibility of such damages.
19. Indemnification. Accordingly, You for Yourself and all of Your
heirs, personal representatives, predecessors, successors and assigns,
hereby fully release, remise, and forever discharge
mosaikhosting.com and all affiliates of
mosaikhosting.com, and all officers, agents, employees, and
representatives of mosaikhosting.com, and all of their heirs,
personal representatives, predecessors, successors and assigns, for,
from and against any and all claims, liens, demands, causes of action,
controversies, offsets, obligations, losses, damages and liabilities of
every kind and character whatsoever, including, but not limited to, any
action omission, misrepresentation or other basis of liability founded
either in tort or contract and the duties arising thereunder, whether
known or unknown, relating to or arising out of, or in any way connected
with or resulting from, the products and services and Your acquisition
and use thereof, including, but not limited to, the provision of the
mosaikhosting.com products and/or services by
mosaikhosting.com and its agents and employees. Further, You
agree to defend, indemnify and hold mosaikhosting.com harmless
from any loss, liability, damages or expense, including reasonable
attorneys' fees, arising out of any breach of any representation or
warranty provided herein, any negligence or willful misconduct by You,
or any allegation that Your account infringes a third person's
copyright, trademark or proprietary or intellectual property right, or
misappropriates a third person's trade secrets. This indemnification is
in addition to any indemnification required of You elsewhere. Should
mosaikhosting.com be notified of a pending law suit, or receive
notice of the filing of a law suit, mosaikhosting.com may seek
a written confirmation from You concerning Your obligation to defend,
indemnify mosaikhosting.com. Your failure to provide such a
confirmation may be considered a breach of this agreement. You agree
that mosaikhosting.com shall have the right to participate in
the defense of any such claim through counsel of its own choosing. You
agree to notify mosaikhosting.com of any such claim promptly in
writing and to allow mosaikhosting.com to control the
proceedings. You agree to cooperate fully with
mosaikhosting.com during such proceedings.
20. Termination. You agree that You will be responsible for notifying
mosaikhosting.com should You desire to terminate Your use of
mosaikhosting.com's Services. Notification of Your intent to
terminate must be provided to mosaikhosting.com no earlier than
10 days prior to Your billing date but no later than three days prior
to Your billing date.
21. Notices. You agree that any notices required to be given under this
Agreement by Us to You will be deemed to have been given if delivered in
accordance with the account and/or domain name WHOIS information You
have provided.
22. Legal Age. You attest that You are of legal age to enter into this Agreement.
23. Final Agreement. This Agreement, together with all modifications,
constitute the complete and exclusive agreement between You and Us, and
supersede and govern all prior proposals, agreements, or other
communications. This Agreement may not be amended or modified by You
except by means of a written document signed by both You and an
authorized representative of Us.
24. No Agency Relationship. Nothing contained in this Agreement shall be
construed as creating any agency, partnership, or other form of joint
enterprise between the parties hereto. Each party shall ensure that the
foregoing persons shall not represent to the contrary, either expressly,
implicitly, by appearance or otherwise.
25. Waiver. The failure of Us to require Your performance of any
provision hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by Us of a
breach of any provision hereof be taken or held to be a waiver of the
provision itself.
26. Enforceability. In the event that any provision of this Agreement
shall be unenforceable or invalid under any applicable law or be so held
by applicable court decision, such unenforceability or invalidity shall
not render this Agreement unenforceable or invalid as a whole. We will
amend or replace such provision with one that is valid and enforceable
and which achieves, to the extent possible, our original objectives and
intent as reflected in the original provision.
27. Assignment and Resale. Except as otherwise set forth herein, Your
rights under this Agreement are not assignable or transferable. Any
attempt by Your creditors to obtain an interest in Your rights under
this Agreement, whether by attachment, levy, garnishment or otherwise,
renders this Agreement voidable at Our option. You agree not to
reproduce, duplicate, copy, sell, resell or otherwise exploit for any
commercial purposes any of the Services (or portion thereof) without
mosaikhosting.com's prior express written consent.
28. Force Majeure. Neither party shall be deemed in default hereunder,
nor shall it hold the other party responsible for, any cessation,
interruption or delay in the performance of its obligations hereunder
due to causes beyond its control including, but not limited to:
earthquake; flood; fire; storm; natural disaster; act of God; war;
terrorism; armed conflict; labor strike; lockout; boycott; supplier
failures, shortages, breaches, or delays; or any law, order regulation,
direction, action or request of the government, including any federal,
state and local governments having or claiming jurisdiction over
mosaikhosting.com, or of any department, agency, commission,
bureau, corporation or other instrumentality of any federal, state, or
local government, or of any civil or military authority; or any other
cause or circumstance, whether of a similar or dissimilar nature to the
foregoing, beyond the reasonable control of the affected party, provided
that the party relying upon this section (i) shall have given the other
party written notice thereof promptly and, in any event, within five
(5) days of discovery thereof and (ii) shall take all steps reasonably
necessary under the circumstances to mitigate the effects of the force
majeure event upon which such notice is based; provided further, that in
the event a force majeure event described in this Section extends for a
period in excess of thirty (30) days in the aggregate,
mosaikhosting.com may immediately terminate this Agreement.
29. Headings. The section headings appearing in this Agreement are
inserted only as a matter of convenience and in no way define, limit,
construe or describe the scope or extent of such section or in any way
affect such section.
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