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TERMS OF SERVICE

Terms Of Service (TOS)

HOSTJAVA.NET

HostJava.net provides java based (Tomcat Hosting, Jetty Hosting and JBoss Hosting), regular (Apache, PHP Hosting, CGI/Perl) and CVS/Subversion hosting services. Use of HostJava.net's Service constitutes acceptance and agreement to HostJava.net's AUP (Acceptable Use Policy) as well as HostJava.net's TOS (Terms of Service).

HostJava.net provides java based (Tomcat Hosting, Jetty Hosting and JBoss Hosting), regular (Apache, PHP Hosting, CGI/Perl) and CVS/Subversion hosting services. Use of HostJava.net's Service constitutes acceptance and agreement to HostJava.net's AUP (Acceptable Use Policy) as well as HostJava.net's TOS (Terms of Service).

From herewith in this TOS (Terms of Service), AUP (Acceptable Use Policy), and SLA (Service Level Agreement), the usage of "us", "we", "our", "ours" shall constitute reference to HostJava.net, the usage of "you", "your", "they", "them" shall refer to customer of HostJava.net. HostJava.net reserves the right to suspend or even cancel a client's access to any or all services provided by HostJava.net when we determine that an account (or one of customer's accounts) has been inappropriately used. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by HostJava.net, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.

HostJava.net will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service. The AUP may be changed from time to time at the discretion of the HostJava.net. Customer understands that change to the AUP by the HostJava.net shall not be grounds for early contract termination or non-payment. HostJava.net reserves the right to revise, amend, or modify AUP (Acceptable Use Policy), TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification can be posted in accordance with our TOS (Terms of Service).

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Customer agrees that the HostJava.net may disclose any and all customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the customer. In addition HostJava.net shall have the right to terminate all service set forth in this Agreement. Customer understands that customer, are solely responsible for the content stored on and served by your HostJava.net hosting account. HostJava.net reserves the right to verify customers content stored and served on customer's account.

All services provided by HostJava.net may be used for lawful purposes only. Transmission, storage, publishing, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrete and other statue. Customer agrees to indemnify and hold harmless HostJava.net from any claims resulting from the use of the service which damages the customer or any other party.

Pornography and sex-related merchandising are prohibited on any HostJava.net server. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to HostJava.net servers or any other server on the internet. Links to such materials are also prohibited. Customer agree to not use the Service to upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. Our services may not be used to make fraudulent offers to sell or buy products, items, or services, or to engage/advance any type of financial scam such as "pyramid schemes". This would also includes any knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. Customer agree that HostJava.net in its sole discretion, may terminate your password, any or all accounts held by you (or any part thereof) or use of the service, and remove and discard any content within the service if you violate TOS (Terms of Service), AUP (Acceptable Use Policy) or SLA (Service Level Agreement)

Violation of TOS (Terms of Service), AUP (Acceptable Use Policy) or SLA (Service Level Agreement) could result in suspension or removal of your account depending upon the circumstances. During suspension no files are lost. Accounts found to be running a script or java process which is causing a very high cpu load or mail script being used to send spam (spam activity) will almost always be suspended without notice to prevent further damage. The script(s) must be removed in order for us to restore your service. Reports of spam are taken very seriously usually resulting in immediate account suspension and investigation without notice. We reserve the right to suspend any or all accounts held by you without notice.

Our services may not be used to transmit any unsolicited commercial or unsolicited bulk e-mail. Violation of this SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, we will initiate an investigation. During the investigation, we may restrict customer access to the network to prevent further violations. If a subscriber is found to be in violation of our SPAM policy, we may, at our sole discretion, restrict, suspend or terminate the customer?s account without further notice. Further, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection.

IN NO EVENT WILL HostJava.net's LIABILITY TO CUSTOMER ARISING OUT OF THIS AGREEMENT EXCEED THE AGGREGATE AMOUNTS PAID TO HostJava.net HEREUNDER. IN NO EVENT WILL HostJava.net BE LIABLE FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES ARISING OUT OF THE TERMINATION OF THIS AGREEMENT. IN NO EVENT WILL HostJava.net BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION THE BREACH OF THIS AGREEMENT OR ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO USE ALL HostJava.net's SERVICES AT YOUR OWN RISK. IN NO EVEN SHALL HostJava.net BE LIABLE FOR ANY LOSS OF DATA, EMAIL, OR FILES, VIRUS INFECTION, DELAYS OR PERFORMANCE PROBLEMS DUE TO POWER OUTAGES, ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, OR DESTRUCTION OF PROPERTY. ALL SERVICES ARE PROVIDED AS IS.

HOSTJAVA.NET RESERVES THE RIGHT TO MAKE CHANGES TO THE AGREEMENT OR TO ANY SERVICES OFFERED TO CLIENTS AT ANY TIME.

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