Internet, LLC Terms and Conditions of Hosting Services
Conditions of Service updated July 1, 2008. Please read these Guidelines (Terms
& Conditions of Service), carefully before opening or continuing an account
with CVC Internet, LLC.
Conditions of Service updated July 1, 2008.
Please read these Guidelines (Terms
& Conditions of Service), carefully before opening or continuing an account
with CVC Internet, LLC.
This Web Site Hosting Agreement (‘Agreement’) is by and between CVC Internet, LLC (CVC Internet, LLC, Wireless and E-Commerce Services) a Klamath Falls, Oregon Internet Service Provider, and you, your heirs, assigns, agents and contractors (‘You’) and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of CVC Internet, LLC Web Site/E-Commerce Hosting (‘Web Hosting’) services and represents the entire agreement between You and CVC Internet, LLC. By using CVC Internet, LLC Web Hosting services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which CVC Internet, LLC may establish from time to time. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You’ve established with CVC Internet LLC, whether or not the transactions were in Your behalf. You acknowledge that CVC Internet, LLC acceptance of any application made by You for services provided by CVC Internet, LLC will take place at CVC Internet, LLC office located at 2250 South 6th Street, Klamath Falls, Oregon 97601. In the event that You exceed the scope of the Services as set forth in Your Agreement (for example, available bandwidth, CPU or disk utilization space), You shall pay CVC Internet, LLC for such additional services not within the scope of Your Agreement as specified. CVC Internet, LLC reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You.
No Warranty on Software or Related Hardware Products: CVC Internet, LLC makes no warranty with respect to any software or hardware used or provided by CVC Internet, LLC in connection with this service. You represent and warrant to CVC Internet, LLC that: (i) You have the power and authority to enter into and perform Your obligations under this Agreement; (ii) Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and (iii) You own Your website content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site. If You are hosting Your web site on CVC Internet, LLC servers, You are responsible for ensuring that there is no excessive overloading on CVC Internet, LLC DNS or servers. You may not use CVC Internet, LLC servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and CVC Internet, LLC reserves the right to remove sites that contain information about hacking or links to such information. Use of your web site as an anonymous gateway is prohibited. CVC Internet, LLC prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by CVC Internet, LLC. You agree that CVC Internet, LLC reserves the right to remove Your web site temporarily or permanently from its hosting servers if CVC Internet, LLC is the recipient of activities that threaten the stability of its network. You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (i) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, reexport or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, Trojan horse or other malicious, harmful or disabling data, work, code or program; or (viii) engage in any other activity deemed by CVC Internet, LLC to be in conflict with the spirit or intent of this Agreement or any CVC Internet, LLC policy.
Availability of Services: Subject to the terms and conditions of this Agreement, CVC Internet, LLC shall attempt to provide Web Hosting for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time the Web Hosting service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which CVC Internet, LLC may undertake from time to time; or (iii) causes beyond the control of CVC Internet, LLC or which are not reasonably foreseeable by CVC Internet, LLC, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that CVC Internet, LLC has no control of availability of Web Hosting on a continuous or uninterrupted basis.
Web Site Content: You shall be solely responsible for providing, updating, uploading and maintaining Your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Web Hosting services.
SSL Certificates: SSL certificate You purchase from CVC Internet, LLC or its affiliates to use in conjunction with a hosting plan provided by CVC Internet, LLC, is intended for its specific use as described in the Subscriber Agreement and will not be exported from the hosting server to be used with any other web hosting service. If You are using an SSL certificate on a web site hosted by CVC Internet, LLC, CVC Internet, LLC will generate and securely store a corresponding private key. Admin Control Panel - User of the Admin Control Panel must have a good understanding of web based programs and realize that the changes that occur in this program will affect the mailboxes for this domain. The user of this program must keep a list of new, edited, or deleted mail names, otherwise there will be technical fees incurred to track records to recoup lost information. In addition, the user understands that if this program and/or mail account become corrupted or deactivated, technical and administrative fees will apply. Customer Will Provide Payment for Products and/or Services with a valid credit card with signed authorization to charge the Customers account, or payment by check/money order for full network connection costs including setup and periodic service fees, and any other charges the Customer may incur through our Services. Service to begin upon completion of validated procurement of fees. Setup fee is nonrefundable. Customer is responsible to notify CVC Internet, LLC of any changes in their name, address, credit card information, etc. To continue to receive Services from CVC Internet, LLC you must have and keep satisfactory credit. If at any time, we determine in our sole discretion, that payment for Services may not be made when due, we will suspend Services to you, and require that you provide payment on account or a guarantee of payment before resuming Services. All past due accounts will incur a reactivation/reprogramming fee. Acceptance of late or partial payments (even if marked "paid in full") does not waive our right to collect all amounts that you owe us. If the Customer has a dispute of charges, dispute must be received within 5 days of the billing date (the 1st of the month).
Uncollectible Funds: Customer will pay in cash at CVC Internet, LLC office, within five (5) days of notification via email, a fee equivalent to current insufficient funds/handling charges and charges for CVC Internet, LLC that were not collected on checks or credit cards that are declined by the bank. Customer will provide CVC Internet, LLC with another valid chargeable credit card.
Proration: If service is bought in one month increments or is part of a prorated charge, No Proration on the terms for cancellation for any prepayment is allowed. Nor is proration given, for Services not used. We do not record time used, unless Services are abused. If Customer request log time to be verified, a technical fee will be incurred. If Customer is unable to utilize Services, it is the responsibility of the Customer to contact CVC Internet, LLC, to place account on hold or to terminate Services.
Deactivation of Services/Placing Account on Hold: To deactivate Services or place account on hold, Customer will need to complete a "Request for Deactivation of Service Form" or "Request to Place Account on Hold Form", a copy may be obtained at the CVC Internet, LLC (2250 South 6th Street, Klamath Falls, Oregon), during regular business hours, or Customer may request a copy to be mailed to them by U.S. Mail. Under this Agreement, Notices Given by the Customer shall be in writing (request by phone are not accepted), and must be received thirty (30) days in advance of the date Customer wants notice to become effective. We may terminate Services at any time, with or without notice (for any conduct which CVC Internet, LLC, in its sole discretion, believes violates the terms and conditions of this Agreement, or is otherwise harmful to CVC Internet, LLC interests or the interests of other customers). We may deactivate before you receive notice of termination (if we give any notice) without liability to you. Termination by either of us may be with or without cause. The Customer specifically waives the right to sue or ability to subrogate those rights for any losses. You must pay all charges for Services provided before termination of a account and equipment, regardless of who terminates Services. If Services are terminated before the end of the month, the monthly recurring charge is not prorated to the date of termination, and you will not receive a credit or refund for any unused Services. If You deactivate hosting service but retain the domain name registration with CVC Internet, LLC, You agree to pay CVC Internet, LLC monthly service fee(s) for DNS maintenance for the remainder of the domain name registration period. Once the domain name registration expires, DNS maintenance will be deactivate on the anniversary date following the registration expiration date.
Storage and Security: At all times, You shall bear full risk of loss and damage to your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that you are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your web site content; (ii) maintain independent archival and backup copies of Your web site content; (iii) ensure the security, confidentiality and integrity of all your web site content transmitted through or stored on CVC Internet, LLC servers; and (iv) ensure the confidentiality of Your password. CVC Internet, LLC servers and hosting services are not an archive and CVC Internet, LLC shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify CVC Internet, LLC, whereupon CVC Internet, LLC shall suspend access to Your web site by use of such password and issue a replacement password to You or Your authorized representative. CVC Internet, LLC will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by CVC Internet, LLC or another party due to someone else using Your account or password.
CVC Internet, LLC Rights: CVC Internet, LLC explicitly reserves the right and sole discretion to: (i) Censor any web site hosted on its Web Hosting servers that, in CVC Internet, LLC sole discretion, is deemed inappropriate; (ii) Review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; (iii) Modify its pricing through email notification; (iv) Terminate Your Web Hosting service for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; nonpayment of Web Hosting fees; and other activities whether lawful or unlawful that CVC Internet, LLC determines to be harmful to its other customers, operations, or reputation; (v) Terminate Your Web Hosting service if the contents of Your web site result in, or are the subject of, legal action or threatened legal action, against CVC Internet, LLC or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. CVC Internet, LLC has no obligation to monitor the Site or any of Your content, but reserves the right in its sole discretion to do so.
OsCommerce Acknowledgment: By using osCommerce, you (the Customer) acknowledge to CVC Internet, LLC that you are proficient in using osCommerce and/or editing PHP scripts. In addition, you understand that if the osCommerce program becomes corrupt by incorrect usage that technical and/or administrative fees will apply. For further terms and conditions of program usage, please refer to CVC Internet, LLC OsCommerce Software Terms and Conditions Agreement.
CVC Internet, LLC Affiliate Program: A CVC Internet, LLC member that has a continuously active (paid) account, can become a CVC Internet, LLC Affiliate, by referring a friend or family member to signup for Internet access with CVC Internet, LLC. In turn, CVC Internet, LLC will give a $19.95 credit on account for both the Affiliate and the Referral, toward the next month’s service. Plus, if the Affiliate and the Referral keep a continually active (paid) account for one year, both the Affiliate and the Referral will earn an additional $19.95 credit on each of the account’s. Referral’s must establish and retain an active (paid) account for a two month period, before credit is applied to each account. Referral credit is forfeited on each account, if the referral deactivates service, before retaining a full year's service with CVC Internet, LLC. Affiliate credit can only be used once in any given 13 month period. A referred customer can not be a current referral for another Affiliate, or the credit will be voided. In addition, your account name must be mentioned at the time of setup, to receive the Affiliate credit. Affiliate service's are subject to change without notice.
CVC Internet, LLC Reseller Program: A CVC Internet, LLC member that has a continuously active (paid) domain hosting account, can become a CVC Internet, LLC Reseller by referring two or more domain hosting account's to CVC Internet, LLC. In turn, CVC Internet, LLC will give the Reseller and the Referral, one month’s free hosting. There are no limits to the number of referrals that can be made. Plus, if the Referral establishes an Internet access account with CVC Internet, LLC, the Reseller will receive one month’s free banner advertising (banner design and hosting period is scheduled by CVC Internet, LLC office). For each and every year, the Reseller and the Referral keep continually active (paid) accounts, each account will receive a $25.00 credit. Referral's must have a continuously active (paid) Domain hosting account with CVC Internet, LLC, parked Domain Name's do not qualify. Referred account's must establish and retain an active (paid) account for a two month period, before credit is applied to each account. Referral credit is forfeited on each account, if the referral deactivates service before retaining a full year's service with CVC Internet, LLC, or if the Domain Account becomes inactive. Reseller credit can only be used once in any given 13 month period. A referred customer can not be a current referral for another Reseller, or the credit will be voided. In addition, the account name must be mentioned at the time of setup, to receive the Reseller credit. Reseller service's are subject to change without notice.
No Spam; Liquidated Damages: CVC Internet, LLC will immediately terminate any Web Hosting service which it believes, in its sole discretion, is transmitting or is otherwise connected with any Spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay CVC Internet, LLC liquidated damages of $1 for each piece of Spam or unsolicited bulk email transmitted from or otherwise connected with your website hosted with us, otherwise you agree to pay CVC Internet, LLC actual damages.
Dispute Resolution Policy: You agree to be bound by ICANN’s current Dispute Resolution Policy. You agree that if a dispute arises as a result of one or more web sites CVC Internet, LLC is hosting for You, You will indemnify, defend and hold CVC Internet, LLC harmless for damages arising out of such dispute. You also agree that if CVC Internet, LLC is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by CVC Internet, LLC, that CVC Internet, LLC, in its sole discretion, may take whatever action CVC Internet, LLC deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
Limitation of Liability: IN NO EVENT SHALL CVC INTERNET, LLC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF CVC INTERNET, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT CVC INTERNET, LLC TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO CVC INTERNET, LLC HEREUNDER FOR THE ONE (1) YEAR PERIOD PRIOR TO ANY ACT OR OMISSION GIVING RISE TO ANY POTENTIAL LIABILITY.
Indemnity: You agree to release, defend, indemnify and hold harmless CVC Internet, LLC and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any action, claim, demand, dispute, liability, losses, damages or costs, including reasonable attorney’s fees and costs, resulting from or related to (i) a dispute over one or more web sites CVC Internet, LLC is hosting for you, (ii) Your breach of this Agreement, (iii) any negligence, willful or improper misconduct by You; (iv) any allegation that Your site or content infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets; or (v) any action or conduct of CVC Internet, LLC undertaken pursuant to this Agreement. You shall defend and settle at Your sole expense all proceedings arising out of the foregoing. You agree that CVC Internet, LLC shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify CVC Internet, LLC of any such claim promptly in writing and to allow CVC Internet, LLC to control the proceedings. You agree to cooperate fully with CVC Internet, LLC during such proceedings. You agree You will not be entitled to a refund of any fees paid to CVC Internet, LLC if, for any reason, CVC Internet, LLC takes corrective action with respect to Your improper or illegal use of its Web Hosting services. You also agree that if CVC Internet, LLC is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by CVC Internet, LLC, that CVC Internet, LLC, in its sole discretion, may take whatever action CVC Internet, LLC deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
Disclaimer of Warranties: CVC Internet, LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, concerning any subject matter of this agreement.
Severability: You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
Venue; Waiver Of Trail By Jury: This agreement shall be deemed entered into the state of Oregon, the laws and judicial decisions of Klamath County, Oregon, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Klamath County, Oregon. You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.
Notices: You agree that all notices (except for notices concerning breach of this Agreement) from CVC Internet, LLC to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address You have on file with CVC Internet, LLC. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to CVC Internet, LLC shall be made either by email, facsimile, or mailed to the address we provide on our Web site, or first class mail to 2250 South Sixth Street, Klamath Falls, Oregon 97601. They shall be deemed to be delivered when received by CVC Internet, LLC through first class mail the date they are received, or when sent by facsimile.
Copyright © 1996-2008, CVC Internet, LLC. All