Terms and Conditions
Whitespace Hosting’s acceptable use policy. All customers of whitespace-hosting.com agree to be governed by the policies set forth herein.
WHEREAS, Whitespace Hosting is an information provider connected to the Internet Whitespace Hosting offers storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Customer seeks to utilise Whitespace Hosting’s server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Whitespace Hosting can make no guarantee that any given reader shall be able to access Whitespace Hosting’s server at any given time.
Whitespace Hosting represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
FINANCIAL ARRANGEMENTS
Customer agrees to a thirty (30) day contract minimum (or three (3) or twelve (12) or twenty-four (24) month contract depending on length of pre-payment), beginning upon commencement of service.
At the end of the contract term, the contract will automatically renew for successive thirty (30) day periods (or three (3) or twelve (12) or twenty-four (24) month periods, depending on length of pre-payment) indefinitely until cancelled in writing. A cancelled account will be cancelled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions.
Violations of Whitespace Hosting’s Terms of Service may, at Whitespace Hosting’s discretion, result in immediate disablement without refund.
TAXES
Whitespace Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Whitespace Hosting’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
MATERIAL PRODUCTS
Customer will provide Whitespace Hosting with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of Whitespace Hosting. Whitespace Hosting shall make no effort to validate this information for content, correctness or usability.
Use of Whitespace Hosting’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.
The Customer agrees that he or she has the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of Whitespace Hosting to provide this knowledge or Customer Support outside of the defined service of Whitespace Hosting.
Whitespace Hosting will exercise no control whatsoever over the content of the information passing through the network.
Whitespace Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Whitespace Hosting also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Whitespace Hosting is at the Customer’s own risk, and Whitespace Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Whitespace Hosting expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
The customer agrees to make use of Whitespace Hosting servers primarily for the purpose of hosting a website, and associated email functions. Servers are shared with other customers, and as such IRC-related activities, BitTorrent software, or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run) are not encouraged. IRC bots and bouncers (BNC) as well as BitTorrent software specifically may not be run on any Whitespace Hosting server, and if your processes are adversely affecting server performance disproportionately Whitespace Hosting reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.
Whitespace Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, Whitespace Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on Whitespace Hosting’s Server. Whitespace Hosting agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Whitespace Hosting. If the Customer fails to modify the material, as directed by Whitespace Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
HARDWARE, EQUIPMENT & SOFTWARE
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Whitespace Hosting.
Whitespace Hosting makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Whitespace Hosting service.
AGE
The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.
INTERNET ETIQUETTE
Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Whitespace Hosting may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or Whitespace Hosting. All messages transmitted via Whitespace Hosting should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorised access. This includes (but is not limited to) such things as port scanning of either Whitespace Hosting or external computers and Denial Of Service attacks of any kind.
TERMINATION
This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. Whitespace Hosting will accept termination by electronic mail. Notwithstanding the above, Whitespace Hosting may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Whitespace Hosting reserves the right to charge a reinstatement fee.
LIMITED LIABILITY
Customer expressly agrees that use of Whitespace Hosting’s Server is at Customer’s sole risk. Neither Whitespace Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Whitespace Hosting’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Whitespace Hosting Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall Whitespace Hosting, its offices, agents or any one else involved in creating, producing or distributing Whitespace Hosting’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Whitespace Hosting Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to Whitespace Hosting’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Whitespace Hosting’s Server service.
Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
LAWFUL PURPOSE
Customer may only use Whitespace Hosting’s Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on Whitespace Hosting’s Server.
Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Whitespace Hosting’s Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at Whitespace Hosting. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold Whitespace Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Whitespace Hosting, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Whitespace Hosting against Liabilities arising out of
any injury to person or property caused by any products sold or otherwise distributed in connection with Whitespace Hosting’s Server;
any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
copyright infringement;
any defective product which Customer sold on Whitespace Hosting Server.
CONTRACT REVISIONS
Revisions to this Contract will be applicable to previous Contracts
Revisions will be considered agreed to by the Customer on renewal of service as specified in Section - Financial Arrangements.
TRANSFER
Customer may not transfer this contract without the written consent of Whitespace Hosting.
CONTRACT
These Terms and Conditions constitutes the entire Contract and understanding of the parties.
Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.