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Spamming is
NOT Permitted
No exceptions to this rule.
Do not
advertise or put our link on any site that
is promoted in any way related to
unsolicited email, ICQ or IRC spams, or
newsgroup postings.
Opt-in email newsletters require
pre-approval. If we receive spam complaints,
your link will be disabled, your account
will be immediately terminated, and we will
take
LEGAL ACTION
against you.
Please be aware, MRGlists is not acceptable,
as well as, any other program that hides the
sender email address.
We terminate sites without notification when
any of these types of programs are
discovered. |
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Latest update to
these terms 10/25/2001
ALLOWED SITES
Your site
must be legal in representation and abide by all
laws.
Although we do not monitor the content of all
sites all of the time, we will not host websites
that have pornographic, warez, extremely
offensive, or illegal content, or link to
websites that have illegal content.
The website cannot attempt to download any virus
or malicious or annoying files when opened. IRC
bots, BitchX, bnc, eggdrop, guardservices,
psyBNC, ptlink, programs, or networks of any
kind are not allowed. If any of these are
discovered, there will be immediate termination
of your account.
THE PROGRAM'S RIGHTS
We reserve the
right, at our request, to see all referring
pages and servers logs if necessary. We reserve
the right to terminate webmasters without
payment who make derogatory comments about the
program or employees of Crazy Hosting 4 U Group
NETWORK FAILURES & ACTS OF GOD
The program shall
not be responsible for any delay or failure to
perform due to internet and equipment failures
and/or other acts outside of our reasonable
control.
TERMINATION
We take these terms
very seriously. An account is found to be
violating one or more of the above terms will be
terminated without payment or notification.
INDEMNIFICATION:
You shall
indemnify, defend and hold Crazy Hosting 4 U
Group and its affiliates harmless from and
against any damage, loss, expense (including
reasonable attorney's fees and costs related to
litigation) or penalty or any claim or action
therefore, by or on behalf of any person,
arising out of: (a) any material on the your Web
Site as linked through Crazy Hosting 4 U,
including without limitation, those arising from
claims or suits for defamation, copyright or
trademark infringement, misappropriation,
violation of the Lanham Act or rights of privacy
or publicity or from any and all similar claims
now known or hereafter devised; (b) a breach by
you of a warranty under this Agreement; (c) any
negligence or willful misconduct by you.
NO WARRANTIES.
Crazy Hosting 4 U
Group PROVIDES ALL MATERIALS AND THE SERVICES TO
YOU AND ITS SUBSCRIBERS "AS IS." Crazy Hosting 4
U Group MAKES NO OTHER WARRANTIES AND Crazy Hosting
4 U DISCLAIMS ALL WARRANTIES AND CONDITIONS,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE. Crazy Hosting 4 U
Group DOES NOT WARRANT THAT THE SERVICES OR
SIGN-UP PAGE WILL BE INTERRUPTED OR ERROR FREE,
NOR DOES Crazy Hosting 4 U Group MAKE ANY
WARRANTY AS TO THE PERFORMANCE OR ANY RESULTS
THAT MAY BE OBTAINED BY USE OF THE SERVICES OR
THE SIGN-UP PAGE.
LIMITATION OF LIABILITY.
NOTHING IN THIS
AGREEMENT SHALL BE CONSTRUED TO CONSTITUTE A
WARRANTY, EXCLUSIVE OF SUCH SPECIFICALLY
DESCRIBED HEREIN. Crazy Hosting 4 U Group's
MAXIMUM LIABILITY TO YOU UNDER THIS AGREEMENT,
AND YOUR EXCLUSIVE REMEDY FOR ANY CAUSE
WHATSOEVER, REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT OR IN TORT INCLUDING
NEGLIGENCE, WILL BE LIMITED TO THE RECOVERY OF
ACTUAL DAMAGES UP TO THE TOTAL AMOUNT OF $500.
IN ADDITION, Crazy Hosting 4 U Group SHALL NOT
BE LIABLE TO YOU FOR LOST PROFITS OR SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER
BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE), AND WHETHER OR
NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Crazy Hosting 4 U Group MAY SEEK INJUNCTIVE
RELIEF TO PREVENT YOU FROM DISSEMINATING Crazy
Hosting 4 U Group's CONFIDENTIAL INFORMATION OR
FROM UNAUTHORIZED USE OF Crazy Hosting 4 U
Group's TRADE NAME OR TRADEMARKS.
GENERAL TERMS AND CONDITIONS.
1. Notice,
Governing Law, Force Majeure, Waiver, Entire
Agreement. Any notice which either Party may
desire to give the other Party must be in
writing and delivered, by mail or facsimile to
the relevant Party at the address of such Party
as set forth in this Agreement or such other
address as the Parties may hereinafter
designate. This Agreement shall be construed and
enforced in accordance with the laws of the
State of Ohio, except that body of law
concerning conflicts of law. Crazy Hosting 4 U
Group shall not be liable to you for any delay
or failure to perform which results from causes
outside its reasonable control. A judicial
determination that any provision of this
Agreement is invalid in whole or in part shall
not affect the enforceability of those
provisions found to be valid. If Crazy Hosting 4
U Group fails to require performance of any duty
hereunder by you, such failure shall not affect
its right to require performance of that or any
other duty thereafter. The waiver by Crazy
Hosting 4 U of a breach of any provision of this
Agreement shall not be a waiver of the provision
itself or a waiver of any breach thereafter, or
a waiver of any other provision herein. This
Agreement, including any supplements,
modifications or amendments hereto, and the
E-Mail, including any supplements, modifications
or amendments thereto, shall constitute the
entire agreement between the Parties regarding
its subject matter. This Agreement supersedes
any and all previous proposals, representations
or statements, oral or written. Except as
otherwise stated in this Agreement, any
modifications to this Agreement must be in
writing and signed by authorized representatives
of both Parties.
2. Assignment. This Agreement shall be binding
upon and shall inure to the benefit of the
Parties hereto, and their respective
representatives, successors and permitted
assigns. This Agreement shall not be assignable
by you, without the express written consent of
Crazy Hosting 4 U Group, including to an entity
in which it has merged or which has otherwise
succeeded to all or substantially all of your
business and assets to which this Agreement
pertains and which has assumed in writing or by
operation of law its obligations under this
Agreement. Any attempted assignment in violation
of this provision will be void.
3. Attorneys Fees. In the event there is any
dispute concerning the terms of this Agreement
or the performance of any Party hereto pursuant
to the terms of this Agreement, and any Party
hereto retains counsel for the purpose of
enforcing any of the provisions of this
Agreement or asserting the terms of this
Agreement in defense of any suit filed against
said Party, the successful or prevailing Party
or parties shall be entitled to recover
reasonable attorneys' fees and other costs
incurred in that action or proceeding from the
other parties, in addition to any other relief
to which it may be entitled.
4. Counterparts. This Agreement may be sent via
facsimile and executed in one or more
counterparts, each of which shall be deemed an
original, but all of which together shall
constitute one and the same instrument.
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