Terms and Conditions of Use
All customers must agree to comply with
Value King Hosting's "Terms and Conditions of Use" prior to sign up.
This policy was created to ensure that all of our customers receive
equally high quality service. Value King Hosting will be the sole
arbiter as to what constitutes a violation of these terms and
conditions.
This is a legal and binding agreement
between you, the Customer, and Value King Hosting. By using, installing
or accessing the Value King Hosting website, the Services and certain
Products that are offered, as our Customer you agree to all of the terms
and conditions of this agreement. If you do not agree to these terms,
the Acceptable Use Policy or any other Terms and Conditions posted on
the Value King Hosting web site, all services will be discontinued,
activation of the account will cease and your account terminated.
END USER LICENSE AGREEMENT
LICENSE GRANT. Subject to the provisions contained herein and payment of
applicable fees, Value King Hosting hereby grants to you a
non-exclusive, nontransferable, license to use its accompanying
proprietary software application products offered on the Value King
Hosting web site ("Software",) for your own use. Such Software is
protected by the Value King Hosting laws of the United States and
international Value King Hosting treaties.
RESTRICTED USE. All rights not expressly granted herein are retained by
Value King Hosting and its licensors. Except as stated above, this
Agreement does not grant the Customer any intellectual property rights
in the Software. Customer shall not rent, lease, transfer or sublicense
the Software. Customer shall not under any circumstances nor shall
Customer permit a third party to (i) decompile, disassemble, reverse
engineer or otherwise attempt to reconstruct or discover the source code
of the Software or (ii) prepare derivative of the Software or (iii)
remove any product identification, Value King Hosting, trademark or
other notice from the Software. Any such copy made by you shall be
subject to this Agreement and shall contain all of Value King Hosting's
notices regarding Value King Hosting's, trademarks and other proprietary
rights as contained in the Software originally provided to you.
TITLE. The Software's organization, structure, sequence, logic, and
source code are valuable to the Company. Any and all title, ownership
rights, and intellectualproperty rights in and to the Software and
Documentation shall remain at any and all times in Value King Hosting
and/or its suppliers. Title, ownership rights, and intellectual property
rights in and to the content accessed through the Software is the
property of the applicable content owner and may be protected by
applicable Value King Hosting or other law. This License does not give
Customer any rights to such content.
FAMILY FRIENDLY CONTENT. Value King Hosting will only host websites with
family-friendly content. As a general rule, family-friendly means that
your website is appropriate for all ages. It doesn't mean that your
website has to appeal to all ages. Obviously, young people may not be
interested in a website selling "seamless stub ends for metal pipe", but
such a website is still "appropriate" for all ages. We will let you know
if your website violates this policy.
BACKUPS. Value King Hosting recommends that all website owners maintain
their own complete backup of all website content. Although we take
precautions to guard against data loss, we cannot take responsibility
for website content that was not backed up by the customer. Please, keep
a backup.
SECURITY. 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, probing, or scanning
of Value King Hosting's servers and network; interference with service
to any user, host, or network including, without limitation, mail
bombing, flooding, deliberate attempts to overload a system, broadcast
attacks; spoofing or modifying of any TCP-IP packet header or any other
header information in an email or a newsgroup posting.
SERVER RESOURCES. Any web site that uses a high amount of server
resources (such as, but not limited to, CPU time, memory usage, and
network resources) will be given the option to either pay additional
fees (which will depend on the resources required) or reduce the
resources used to an acceptable level. Value King Hosting shall be the
sole arbiter of what is considered to be a high server usage level. Any
web hosting account deemed to be adversely affecting server or network
performance will be shut down without prior notice.
CGI SCRIPTS. Any CGI-scripts deemed to be adversely affecting server
performance or network integrity will be shut down without prior notice.
CHAT ROOMS. Value King Hosting does not allow customers to install chat
rooms on their own. Chat rooms tend to require significant system
resources and therefore must be approved prior to installation.
IRC. Value King Hosting does not allow IRC or IRC bots to be operated on
our servers.
UNSOLICITED EMAIL - SPAM. Spamming, the sending of unsolicited mass
email from or through a Value King Hosting server or using an email
address that is maintained on a Value King Hosting machine is STRICTLY
prohibited. Value King Hosting will be the sole arbiter as to what
constitutes a violation of this provision. Customers are also in
violation of this provision if they engage in spamming using the service
of another ISP or IPP, but channel activities through a Value King
Hosting server as a mail drop for responses. Violators will be assessed
a minimum fine of $300 per incident and/or immediate suspension of
service.
SERVER ABUSE. Any attempts to undermine or cause harm to a Value King
Hosting server or customer are strictly prohibited.
SOFTWARE DISTRIBUTION. Value King Hosting's shared web hosting accounts
are not configured for the purposes of distributing software and/or
multimedia products. If you wish to distribute software and/or
multimedia files, please contact us to make special arrangements.
SOLICITATION OF MINORS. You further agree that you will not knowingly
solicit or collect personal information from a minor (anyone under 18
yrs old) without appropriate prior verifiable parental consent. Personal
information includes but is not limited to name, address, phone number
or name of their school.
CONFIDENTIALITY. Value King Hosting will not at any time or in any
manner, either directly or indirectly, use for the benefit of Value King
Hosting or any of its employees, or divulge, disclose, or communicate in
any manner any information that is proprietary to Customer. Customer
will not at any time or in any manner, either directly or indirectly,
use for it’s benefit or for the personal benefit of any employee, or
divulge, disclose, or communicate in any manner any information that is
proprietary to Value King Hosting.
INDEMNITY. Customer agrees to defend, indemnify and hold Value King
Hosting harmless from any and all liabilities, costs and expenses,
including reasonable attorneys’ fees, related to or arising from: (a)
any violation of this Agreement by Customer or Customer’s authorized
users; (b) the use of the Service or the Internet or the placement or
transmission of any message, information, software or other materials on
the Internet by Customer or Customer’s authorized users; (c) negligent
acts or omissions of Customer’s officers, employees, agents or
contractors in connection with the construction, installation,
maintenance, presence, use or removal of systems, channels or terminal
equipment or software not provided by Value King Hosting which are
connected or are to be connected to the service; (d) claims for
infringement of patents arising from the use of equipment and software,
apparatus and systems not provided by Value King Hosting in connection
with the Service; and (e) claims for infringement of copyright resulting
from the use of the Internet by Customer or Customer’s authorized users.
REFUND POLICY. Every hosting account at Value King Hosting comes with a
30 day money back guarantee. If you are unsatisfied within the first 30
days after purchasing your account for any reason, just drop us a line
and you will be given a prompt and cheerful refund less any set-up or
overage fees. If you wish to cancel a prepaid account after the first 30
days, there is no penalty. You will be refunded for the number of unused
months remaining in your contract prorated at the normal monthly rate.
Set-up, domain registration and overage fees are not refundable at any
time.
MODIFICATION. Value King Hosting reserves the right to add, delete, or
modify any provision of its "Terms and Conditions of Use" at any time
with or without official notice.
EXPORT CONTROLS. You may not download, use or otherwise export the
Software or any underlying information or technology except in full
compliance with all United States and other applicable laws and
regulations. In particular, but without limitation, none of the Software
or underlying information or technology may be downloaded, used or
otherwise exported or reexported (i) into (or to a national or resident
of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or
any other country to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you are agreeing to the foregoing and
you are representing and warranting that you are not located in, under
the control of, or a national or resident of any such country or on any
such list.
TERMINATION. This Agreement is effective until terminated. Value King
Hosting may terminate this Agreement immediately if Customer attempts to
reverse engineer the Software or otherwise violate any of the
restrictive uses as described herein. Otherwise, this Agreement may be
terminated by either party for a breach of any of its material terms,
provided the non-breaching party provides to the breaching party 30 days
written notice describing such breach and offering the breaching party
an opportunity to cure. Failure to cure a material breach within the
notice period shall result in automatic termination of this Agreement.
Should this Agreement be terminated for your material breach, Customer
agrees to remove all copies of theSoftware or any part of the Software
from any and all computer storage devices,and destroy the Software and
all Documentation. At Value King Hosting's request, Customer or any of
Customer's authorized signatory on the account, shall certify in writing
to Value King Hosting that all complete and partial copies of the
Software and the Documentation have been destroyed and that none remain
in Customer's possession or under its control. The provisions of this
Agreement except for the Section 1, "License Grant," shall survive.
MISCELLANEOUS. This Agreement represents the complete and exclusive
statement of the agreements concerning this license between the parties
and supersedes all prior agreements and representations between them. It
may be amended only by a writing executed by both parties. THE
ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE
CONDITIONAL ON YOUR ASSENT TO TIE TFRMS SET FORTH HEREIN, AND Value King
Hosting AGREES TO FURNISH TFE SOFTWARE AND DOCUMENTATION ONLY UPON THESE
TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision
of this Agreement is held to be unenforceable for any reason, such
provision shall be reformed only to the extent necessary to make. It
enforceable, and such decision shall not affect the enforceability (i)
of such provision under other circumstances or (ii) of the remaining
provisions hereof under all circumstances. Headings shall not be
considered in interpreting this Agreement. This Agreement shall be
governed by and construed under the laws of Pennsylvania as such law
applies to agreements between Pennsylvania residents entered into and to
be performed entirely within Pennsylvania, except as governed by Federal
Law. This Agreement will not be governed by the United Nations
Convention of Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the
Government is subject to restrictions set forth in subparagraphs (a)
through (d) of the Commercial Computer-Restricted Rights clause at FAR
52.227-19 when applicable, or in subparagraph (c)(l)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013,
and in similar clauses in the NASA FAR Supplement. Contractor /
manufacturer is Value King Hosting 224 S. Main St. PO Box 339, Seneca,
PA 16346
LIMITED WARRANTY. Value King Hosting warrants to the Customer, for a
period of ninety (90) days from the date of this agreement, installation
of Software, or use of services, whichever is earlier, that it will
replace any defective media on which the Software is provided and that
the Software, if not modified and if properly installed and used, will
substantially conform to the material specifications set forth in the
documentation, Such warranties are for the Customer's benefit only and
are not transferable. Value King Hosting does not warrant that the
Software will operate error free or uninterrupted or will meet your
requirements. Except for the express warranties stated in this section,
the Software are licensed "as is" and Value King Hosting specifically
excludes and disclaims all warranties of merchantability, fitness for a
particular purpose, statutory noninfringement of third party
intellectual property rights and any warranty that may arise by reason
of trade usage, custom or course of dealing and Customer hereby
expressly waives any and all such warranties.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Value King Hosting OR ITS
SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF Value King
Hosting's LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION,
EYEN IF Value King Hosting SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO
THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO
YOU.
If you have any questions about our terms
and conditions of use, please contact us.
