Please read this agreement in its entirety. All users of our service
will be bound by this agreement, which may be updated by us from
time to time without notice to you.
This User Agreement (the 'Agreement') governs the terms of the
use by Client of services offered by PracticalHost.
Client agrees to receive access to PracticalHost services according
to the following terms and conditions:
Selection of Service Plan. Client will select one of the service
plans offered by PracticalHost Provider, and agrees to receive
services according to the service plan selected.
Payment for Services. Client will pay for services provided under
this Agreement by credit card authorization provided to PracticalHost
Provider check or money transfer. When initiating service, Client
will be charged the published setup fee for the service plan selected,
as well as a monthly or annual fee as specified by client when
filling the order form. Around 4 weeks before the renewal date,
the Client will be notified by email of the renewal date and the
charges that will be applied to his credit card on the renewal
date. If payment by check or money order, please ensure payment
for continuation of the service. The renewal period will be identical
to the initial period unless change is requested by email to sales@PracticalHost.com.
Term. This Agreement may be terminated by Client or PracticalHost
Provider at any time without prior notice and without cause. If
either party is in default under this Agreement (including non-payment),
then the non-defaulting party may also immediately terminate the
Agreement without prior notice to the other party.
Compliance with Law. Client will use the services offered by
PracticalHost Provider in a manner consistent with all applicable
local, state and federal laws and regulations.
File Back-up. PracticalHost Provider is not responsible for Client's
files residing on PracticalHost Provider's servers. Client is
solely responsible for independent backup of data stored on PracticalHost
Provider's servers. PracticalHost Provider performs regular backups
on a daily basis, but we cannot be held responsible for any lost
data files.
Prohibition of Publication of Certain Material. Client shall
not knowingly or unknowingly submit to PracticalHost Provider
for publication any of the following material (including pictures,
links, or any other content):
any material which violates or infringes any copyright, trademark,
trade secret, patent, statutory, common law or other proprietary
rights of others;
any material that is libelous or slanderous;
any material which is or contains anything obscene or pornographic;
or
distribution lists to be used via unsolicited electronic mail
or other mass electronic mailings including but not limited to:
mass-newsgroup postings, SPAM and unsolicited email sent from
your server, or any other service on the Internet, which contains
your domain name or any other domain name on our network
Any abuse of shell account privileges including but not limited
to:
Use of any program/script/command, or sending messages of any
kind, designed to interfere with a users terminal session, via
any means, locally or by the Internet.
Attempts to circumvent the idle daemon or time charges accounting,
or attempts to run programs while not logged in by any method.
Repeated running of CPU-intensive user-compiled programs which
negatively impact other system users.
Running eggdrop or any other IRC bot which is connected to a
remote IRC server.
Any violation of the above conditions will result in termination
of Client's account without notice.
Due to the public nature of the Internet, all material submitted
by Client for publication will be considered publicly accessible.
PracticalHost Provider does not screen in advance Client's material
submitted to PracticalHost Provider for publication. PracticalHost
Provider's publication of material submitted by Client does not
create any express or implied approval by PracticalHost Provider
of such material, nor does it indicate that such material complies
with the terms of this Agreement.
DISCLAIMER OF WARRANTIES. PracticalHost Provider's SERVICE IS
PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS.
PracticalHost Provider SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PracticalHost
Provider BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR
INCIDENTAL DAMAGES, EVEN IF PracticalHost Provider HAS BEEN ADVISED
BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
IF PracticalHost Provider'S SERVICE TO CLIENT IS DISRUPTED OR
MALFUNCTIONS FOR ANY REASON, PracticalHost Provider SHALL NOT
BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE,
BEYOND THE FEES PAID BY CLIENT TO PracticalHost Provider FOR SERVICES,
DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
Limitation/Disclaimer of Liability. PracticalHost Provider is
not liable for protection or privacy of electronic mail or other
information transferred through the Internet or any other network
PracticalHost Provider or its customers may utilize.
PracticalHost Provider does not represent or warrant to Client
that Client will receive continual and uninterrupted service during
the term of this Agreement. In no event shall PracticalHost Provider
be liable to Client for any damages resulting from or related
to any failure or delay of PracticalHost Provider to provide service
under this Agreement if such delays or failures are due to strikes,
riots, fire, inclement weather, acts of God, theft or vandalism
or other causes beyond PracticalHost Provider's control, as defined
by standard practices in the industry. Such failure or delay shall
not constitute a default under this Agreement.
Indemnity. Client agrees to defend, indemnify and hold PracticalHost
Provider harmless from and against any and all claims, losses,
liabilities and expenses (including attorneys' fees) related to
or arising out of the services provided by PracticalHost Provider
to Client under this Agreement, including without limitation claims
made by third parties (including customers of Client) related
to any false advertising claims, liability claims for products
or services sold by Client, claims for patent, copyright or trademark
infringement, claims due to disruption or malfunction of services
provided hereunder, or for any content submitted by Client for
publication by PracticalHost Provider, but excluding those related
to the negligence of PracticalHost Provider.
Resale of PracticalHost Provider's Service. If Client acts as
a 'reseller' of the services provided by PracticalHost Provider
to Client hereunder, by Client providing similar services to its
customers, then all the terms of this Agreement shall provide
to the resale. Without limiting the foregoing, Client's obligations
under Section 9 ('Indemnity') shall apply to any and all claims
made against Client and/or PracticalHost Provider which arise
out of the resale of PracticalHost Provider's services.
Governing Law/Venue. This Agreement shall be governed by the
laws of Lebanon.
Relationship of the Parties. The parties intend that an independent
contractor relationship will be created by this contract, and
that no partnership, joint venture or employee/employer relationship
is intended.
Taxes. If any federal, state or local governmental entity with
taxing authority over the services provided under this Agreement
imposes a tax directly on the services provided by PracticalHost
Provider to Client under this Agreement (excluding any income,
business and occupation, capital gain, death or inheritance, or
other indirect taxes), then PracticalHost Provider may pass the
direct amount of such cost on to Client, and Client shall promptly
pay such cost.
Waiver. Any party's failure to insist on compliance or enforcement
of any provision of this Agreement shall not affect its validity
or enforceability or constitute a waiver of future enforcement
of that provision or of any other provision of this Agreement.
Attorneys' Fees. If a legal proceeding is commenced to enforce
or obtain a declaration of rights under this Agreement, the prevailing
party in such proceeding shall be entitled to recover its reasonable
attorneys' fees and costs incurred in the proceeding from the
non-prevailing party, as well as any reasonable attorneys' fees
and costs that the prevailing party incurred prior to commencing
the proceeding.
IP Addresses. PracticalHost Provider maintains control and any
ownership of any and all IP numbers and addresses that may be
assigned to Client and reserves in its sole discretion the right
to change or remove any and all IP numbers and addresses.
Cancellation. In order to stop service, Client must follow the
cancellation procedure.