Synopsis
We've put together this document to basically state that we'll do the best we can to keep our web services up and running as consistently as we can so that people can access your website and you can get your e-mail. In turn, you won't use these services to do anything illegal, you won't compromise the security of your account by giving away your account information to other people, and that you understand that even the best computer hardware and software is not 100% reliable and sometimes problems do occur that result in these services not being available, or in the worst situations, data that is stored online being lost.
Terms and Conditions
Introduction
We at Russell Street Web Hosting, in our capacity as a web hosting service provider, strive to supply reliable web hosting services for our customers. As we work to create and maintain a dependable web presence for all our clients, we expect that they will not negatively affect our ability to provide a consistent web server environment by abiding with the following policies. By using Russell Street Web Hosting as your web hosting service provider you acknowledge that you have read and understood this agreement, and agree to be bound by these terms and conditions.
Acceptable Use Policies
Our services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to Russell Street Web Hosting, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
Resource usage
Bandwidth, database usage, php/cgi/perl scripting, and other advanced techniques all consume computing resources. We make all of these features available with the understanding that these computing resources will not be abused. If we discover that a website or process that is running through your account is repeatedly using a disproportionately large number of resources - that is, it is impacting the ability of our other websites to function correctly - we reserve the right to take measures that preserve a functional online environment for all of our customers. This includes, but is not limited to, bandwidth throttling, restricting the numbers of database queries over time, enforcing script time-out settings and stopping runaway processes.
Indemnification
You agree to indemnify, defend, and hold harmless Russell Street Web Hosting from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Russell Street Web Hosting, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
Refusal or Discontinuance of Service
Russell Street Web Hosting reserves the right to refuse or discontinue service to anyone at Russell Street Web Hosting's sole discretion. Russell Street Web Hosting may deny you access to all or part of the service without notice if you engage in any conduct or activities that Russell Street Web Hosting in its sole discretion believes violates any of the terms and conditions in this agreement. Russell Street Web Hosting shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Russell Street Web Hosting has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Russell Street Web Hosting reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
No Warranties
Russell Street Web Hosting makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Russell Street Web Hosting or its agents or employees shall create a warranty. Russell Street Web Hosting provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Russell Street Web Hosting be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Russell Street Web Hosting service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Russell Street Web Hosting's servers that such information becomes available to all Internet users and that Russell Street Web Hosting has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Russell Street Web Hosting's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Russell Street Web Hosting or on the Internet generally.
Backup of Data
Your use of the service is at your sole risk. Russell Street Web Hosting is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Russell Street Web Hosting servers.
Security
You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify Russell Street Web Hosting immediately in writing by registered mail, with return receipt, to Russell Street Web Hosting, 13 Allen St., Cambridge, MA 02140. You shall be held fully responsible for any misuse or compromise to your account for which Russell Street Web Hosting is not properly notified. You agree not to provide or share access to your account to any third party, and that you are responsible for any use of your account by any party to whom such access has been provided. You agree that certain features of your account (e.g., shell account access, additional FTP logins) which may be used to provide shared access to your account are not to be used to resell services to third parties, and that you are responsible for the actions of any party which utilizes those features. You agree that if any security violations are believed to have occurred in association with your account, Russell Street Web Hosting has the right to suspend access to the account pending an investigation and resolution. You also agree that Russell Street Web Hosting has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.
Transmittal of Materials
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of Russell Street Web Hosting or any other service with reference to services obtained through Russell Street Web Hosting, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, Russell Street Web Hosting, or any other party or parties resulting from any such conduct.
Prior Agreements
This agreement supersedes any written, electronic, or oral communication you may have had with Russell Street Web Hosting or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
Jurisdiction
This agreement shall be governed by the laws of the State of Massachusetts.
Acknowledgement
By placing and continuing to maintain or place information on Russell Street Web Hosting's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.