This 'small print' is for users of the Hogtronix hosting services
and/or users or Hogtronix Managed Pay Per Click or Search
Engine Optimisation services. I. Financial Arrangements:
1. The Customer agrees to a three (3) month contract, beginning
upon commencement of service.
2. First three (3) months payment plus a non-refundable
setup charge, if any, shall be due upon receipt of contract.
3. This agreement will automatically renew for successive
three (3) month periods for the life of the contract until
cancelled in writing. Customers paying by cheque will receive
an invoice for charges and payment is due upon receipt.
Customers paying by credit card expressly agree to have
their credit card account billed quarterly for the recurring
charges for the life of the contract including any automatic
renewal periods.
4. Initial payment is due with the contract, regardless
of the status of domain name application or any other forces
beyond the control of Hogtronix.
II. Taxes:
1. Hogtronix shall not be liable for any taxes or other
fees to be paid in accordance with or related to sales made
from the Customer using Hogtronix server. The Customer agrees
to take full responsibility for all taxes and fees of any
nature associated with such products sold by the Customer.
III. Material and Products:
1. The Customer will provide Hogtronix with material and
data in a condition that is "server-ready", which
is in a form requiring no additional manipulation on the
part of Hogtronix. Hogtronix shall make no effort to validate
this information for content, correctness or usability.
2. Use of Hogtronix 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 the Customer's Webspace
by the Customer. The following examples are offered: Web
Publishing: requires a knowledge of HTML, properly locating
and linking documents, FTPing Webspace contents, Graphics,
text, Sound, image mapping, etc. CGI-Scripts: requires a
knowledge of the UNIX environment, TAR & GUNZIP commands,
Perl, CShell scripts, permissions, etc. Autoresponders:
a knowledge of Cpanel, forwarding mail, use of mail by Customers
to receive mail, etc.
3. The Customer agrees that he or she has the necessary
knowledge to access and/or manipulate the Customer's Webspace.
The Customer agrees that it is not the responsibility of
Hogtronix to provide this knowledge or Customer Support
outside of the defined service of Hogtronix.
4. Hogtronix will exercise no control whatsoever over the
content of the information passing through the network.
Hogtronix makes no warranties or representations of any
kind, whether expressed or implied for the service it is
providing. Hogtronix also disclaims any warranty of merchantability
or fitness for 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 Hogtronix is at
the Customer's own risk, and Hogtronix 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. Hogtronix 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. Hogtronix specifically denies
any responsibilities for any damages arising as a consequence
of such unavailability. In the event that this material
is not "Server-ready", Hogtronix may, at its option
and at any time, reject this material, including but not
limited to after it has been put on Hogtronix Server.
Hogtronix agrees to notify the Customer immediately of its
refusal of the material and afford the Customer the opportunity
to amend or modify the material to satisfy the needs and/or
requirements of Hogtronix. If the Customer fails to modify
the material, as directed by Hogtronix, within a reasonable
period of time, which shall be determined between the parties
themselves, the Agreement shall be deemed to be terminated.
IV. Trademarks & Copyrights:
1. The Customer warrants that it has the right to use the
applicable trademarks, if any.
V. Hardware, Equipment & Software:
1. The Customer is responsible for and must provide all
telephone, computer, hardware and software equipment and
services necessary to access Hogtronix. Hogtronix makes
no representations, warranties or assurances that the Customer's
equipment will be compatible with the Hogtronix service.
VI. Age:
1. The Customer certifies that he or she is at least 18
years of age.
VII. Internet Etiquette:
1. The Customer may not use Hogtronix servers for the purpose
of Mass Electronic Junkmail. The Customer may not use Hogtronix
servers for excessive computation time inappropriate for
Internet Web servers. The Customer may not install in her/his
account any program which presents a security problem on
that server. Hogtronix reserves the right to immediately
cancel any service account which is causing a disruption
of services for other customers. 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 Hogtronix may not be used to impersonate
another person or misrepresent authorisation to act on behalf
of others or Hogtronix. All messages transmitted via Hogtronix
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 unauthorized access.
2. The Customer may not run any software, applications,
or other processes on Hogtronix servers without the express
written permission of Hogtronix.
VIII. Termination:
1. This Agreement may be terminated by either party, without
cause, by giving the other party 30 days written notice.
Notice must be made by mail or electronic mail. Hogtronix
will not accept terminations over the telephone. Notwithstanding
the above, Hogtronix may terminate service under this Agreement
at any time, without penalty, if the Customer fails to comply
with the terms of this Agreement, including non-payment.
Hogtronix reserves the right to charge a reinstatement fee.
IX. Limited Liability:
1. The Customer expressly agrees that use of Hogtronix Server
is at the Customer's sole risk. Neither Hogtronix, nor its
employees, affiliates, agents, third party information providers,
merchants licensers or the like, warrant that Hogtronix
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 Hogtronix
Server service, unless otherwise expressly stated in this
Agreement.
2. Under no circumstances, including negligence, shall Hogtronix,
its officers, agents or anyone else involved in creating,
producing or distributing Hogtronix Server service be liable
for any direct, indirect, incidental, special or consequential
damages that result from the use of or inability to use
the Hogtronix 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 unauthorized access to Hogtronix records,
programs or services. The Customer hereby acknowledges that
this paragraph shall apply to all content on Hogtronix Server
service.
3. Notwithstanding the above, the 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 dollar amount which the Customer
paid during the term of this Agreement and any reasonable
attorney's fee and court costs.
X. Lawful Purpose:
1. The Customer may only use Hogtronix Server for lawful
purpose. Transmission of any material in violation of any
Federal, State or Local regulation is prohibited. This includes,
but is not limited to copyrighted material, material legally
judged to be threatening or obscene, pornographic, profane,
or material protected by trade secrets. This also includes
links or any connection to such materials.
XI. Indemnification:
1. The Customer agrees that it shall defend, indemnify,
save and hold Hogtronix harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorneys' fees, ("Liabilities") asserted against
Hogtronix, 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 the Customer, its agents, employees or assigns.
The Customer agrees to defend, indemnify and hold harmless
Hogtronix against Liabilities arising out of (i) any injury
to person or property caused by any products sold or otherwise
distributed in connection with Hogtronix Server; (ii) any
material supplied by the Customer infringing or allegedly
infringing on the proprietary rights of a third party; (iii)
copyright infringement and (iv) any defective product which
the Customer sold on the Hogtronix Server.
XII. Contract Revisions:
1. Revisions to this Contract will be applicable to previous
Contracts. Revisions will be considered agreed to by the
Customer on renewal of Hogtronix. Services as specified
in Section I. Financial Arrangements.
XIII Transfer:
1. The Customer may not transfer this agreement without
the written consent of Hogtronix.
XIII Email and Website Usage
The Customer agrees not to broadcast racial, political hatred, pornography or otherwise illegal content or imagery including content intended to provoke or incite unrest. The Customer agrees that Email services, including 'hoggymail' are provided on a best endeavours basis and Hogtronix makes no guarantees or service or reliability nor can Hogtronix guarantee the service to be free from viruses, trojans or other malicious programs. The Customer agrees that hoggymail services can be cancelled by Hogtronix at any time, for any reason. It is the Customers responsibility to ensure email is backed up or stored offline in the event of file deletion/hack/corruption etc. The Customer agrees for their personal information to be shared with Government authorities including the Police and FBI should it be requested in connection with any suspected illegal activity.
XV Free SEO Service Reports
The Customer agrees that Free reports are issued by Hogtronix in good faith and that they are intended as a guide only. The Customer agrees to indemnify Hogtronix from any action or consequences resulting from implementation of all or some of the report findings and furthermore agrees that the report shall not be copied, sold or transmitted to other parties without the prior written consent of Hogtronix.
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