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[Title]

Web Hosting Agreement


Use of Amber Creek Network products and services constitutes acceptance and agreement to Amber Creek Network WHA (Web Hosting Agreement).

For the purposes of this Web Hosting Agreement, the "Provider" shall mean Amber Creek Network and "Client" shall mean the Person/Entity applying for Web Hosting Services.

This Agreement shall be construed in all respects in accordance with the laws of the state of California. The provider reserves the right to change WHA at any time. Changes to Amber Creek Network's WHA will be posted on the Amber Creek Network's website at http://www.ambercreek.net/hostingagreement.htm. Client's continued use of Amber Creek Network's services after the WHA changes have been posted to Amber Creek Network website will constitute the acceptance of the updated/changed terms.

Agreement

Provider reserves the right to refuse service to anyone at any time. Provider reserves the right, in its sole discretion, to deactivate your account(s) without further warning upon an indication of credit problems including delinquent payments, or if this service contract is violated, or if Client's account or the traffic on this account causes any kind of network or server problem / disturbances.

Client hereby agrees that all domain names and any material submitted for publication on provider through client's account(s) will not contain anything leading to an abusive or unethical use of the web hosting or dial-up access product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, hacking, warez, and any harassing and harmful materials or uses. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from your publication of materials or your use of those materials. Violations of Amber Creek Network Web Hosting Agreement will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.

Client hereby agrees that all domain names and any material submitted for publication on provider through client's account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Client hereby agrees to indemnify and hold harmless the provider for any claim resulting from the submission of illegal materials. Violations of Amber Creek Network Web Hosting Agreement will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.

Disclaimer of Warranties

The provided service is provided on an "as is, as available" basis. The provider gives no warranty, expressed or implied, for any account(s) or other services provided, including, without limitation, warranty expressly includes any reimbursement for losses of income due to disruption of service by provider or its providers beyond the fees paid by client to provider for services.

Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use an account and any other services for any reason. Provider will not be responsible for any damages your business may suffer. Provider makes no warranties of any kind, expressed or implied for services we provide. Provider disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Provider and its employees.

Billing

In the event it is necessary to refer any dispute to an attorney, a collection agency, or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees, collection fees, and all costs associated with any legal action, whether or not a suit shall actually be filed. Place where the contract is signed and fulfilled shall be Los Angeles, California, United States of America.

All hosting accounts are subject to the following bandwidth limitations of 2 GB/mo. upon exceeding this limit; the customer is charged $0.07 per MB of transfer. Unlimited transfer: there is no transfer limit on the amount of data uploaded via ftp, up to the account disk quota.

Money Back Guarantee: All of our virtual web hosting plans comes with a 15-day money back guarantee, only if we are unable to setup your account due to problems on our side. You will receive a full refund though your credit card company. This term only applies if you cancel your account within 15 days of its activation. Any requests for cancellation must be sent to sales@ambercreek.net.

Contract Renewal: All contracts are automatically renewed for another term unless a written notice of cancellation to sales@ambercreek.net at least three weeks in advance of the renewal date / anniversary date. If no correct notice of cancellation is given, all contracts will be automatically renewed for another term under the same conditions. An email notice will be sent to the email, which you provided, 15 days prior to the due date of the contract renewal.

Failure to pay: The Provider may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. If a credit card payment is declined by the client's bank or if the rent is not paid on time provider may charge a US $15 late fee per billing cycle and if the account needs to be reactivated following a termination, a $50 reactivation fee will apply.

If client disputes justified charges by provider on his credit card, provider has the right to charge a $50 administration fees in addition to the regular suspension charge of $25 and immediately discontinue service.

Web Hosting Agreement Violations

Violations of Amber Creek Network Web Hosting Agreement will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.

Amber Creek Network subscribers will be held responsible and accountable for any activity by third parties, using their account, which violates guidelines created within the Web Hosting Agreement. Violations of Amber Creek Network Web Hosting Agreement will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.

If an Amber Creek Network account is used to violate the Web Hosting Agreement or our WHA, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action; however, flagrant violations of the Web Hosting Agreement will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. Violations of Amber Creek Network Web Hosting Agreement will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.

Fraudulent activity: Use of Amber Creek Network service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters is strictly prohibited. Violations of Amber Creek Network Web Hosting Agreement will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Illegal use: Amber Creek Network services may not be used for illegal purposes, or in support of illegal activities. Amber Creek Network reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. Violations of Amber Creek Network Web Hosting Agreement will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.

Harm to minors: Use of the Amber Creek Network service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. Violations of Amber Creek Network Web Hosting Agreement will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.

Threats: Use of the Amber Creek Network service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Violations of Amber Creek Network Web Hosting Agreement will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.

Harassment: Use of the Amber Creek Network service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another. Violations of Amber Creek Network Web Hosting Agreement will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is strictly prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Violations of Amber Creek Network Web Hosting Agreement will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements is strictly prohibited. Violations of Amber Creek Network Web Hosting Agreement will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.

Distribution of Viruses: Intentional distribution of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems is strictly prohibited. Such an offense will result in the immediate termination of the offending account. Violations of Amber Creek Network Web Hosting Agreement will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.

Electronic Mail Abuse:

Harassment, whether through language, frequency, or size of messages, is prohibited.

Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email.

Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.

Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.

Malicious email, including but not limited to "mail bombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.

Forging of header or any other information is not permitted.

Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.

Amber Creek Network accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.

Violations of Amber Creek Network Web Hosting Agreement will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.

Technical Support: Amber Creek Network provides 24 x 7 technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Amber Creek Network provides support related to your server or virtual site physical functioning. Amber Creek Network does not offer tech support for application specific issues such as cgi programming, html or any other such issue. If you are able to access Internet, we ask that you submit your support questions/request via email to support@ambercreek.net. Additionally, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the Amber Creek Network. Violations of system or network security may result in civil or criminal liability. Amber Creek Network will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

Forging any TCP/IP packet header or any part of the header information in any e-mail or news group posting.

Taking any action in order to obtain services to which the Client is not entitled.




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Website designed by Amber Creek Web Designer © Copyright 2001-2004. All photographs, images and artwork throughout this web site are © Copyright 2001-2004 by their respective photographers and/or artists and cannot be copied or used in any way.