Terms and Conditions
You may have sole control over the Content. Provider shall not supplement, modify or alter any Work Product which has been accepted by Customer or any Content (other than modifications strictly necessary to upload the Content to the Website) except with Customer’s prior written consent. Provider shall also permit Customer to electronically transmit or upload Content directly to the Website.
Availability of Web Site. The Website shall be publicly available to users a minimum of 99.9% of the time during any 30 day period. No warrenty.
Server Logs and site traffic details are available on CPanel that comes with your Web Hosting in the Server Logs.
Inapplicability of Force Majeure. The foregoing standards shall apply regardless of the cause of the interruption in service, even if the interruption in service was beyond the control of Provider.
You may register domain names on the site.
We do not allow Warez, Adult, illegal MP3 or any other site that breaks any international laws or US Laws.
Users must not participate in any form of un-solicited bulk e-mailing or spam.
Participation in IRC, Chat, P2P, Bit Torrent and other networks is not allowed without prior written agreement.
We shall not be held liable for any loss or damages caused by the user or misuse, unavailability or removal of services.
We reserve the right to cancel your services at any time without notice in the event of a breach in these Terms and Conditions.
Should your account be closed, all files (including web pages etc.) will be deleted.
We reserve the right to amend and update these Terms and Conditions at any time without notice.
We are not liable for loss of your information so backup often.
We are not liable for problems caused by breach of security.
All sound, text, pictures, video, graphics and other data given to client that is part of the understood aggreement is the sole property of client.
We are domain affiliates and are not responsible for account problems with domain registrar or domains in general.
Some developed technologies in Web Design are licenseable for resale and some are not, please have a clear understanding of your rights to resell or attempt to distribute the programing of a website we create withut prior written understanding.
We do not provide search engine submission services.
We will do our best to ensure your businesses has confidentiality dealing with our company.
Zeus.Host is a subsidiary of Madison Avenue Graphic Art and Design
Provider shall make available complete versions of the Work Product on a password protected server, a Shadow Site for Customer’s review and acceptance. Customer shall have 30 days to review and evaluate the Work Product.
Customer License. During the period that Provider provides web hosting services, Customer hereby grants to Provider a non-exclusive, non-sublicenseable, royalty-free, worldwide license to reproduce, distribute, publicly perform, publicly display and digitally perform the Content and Work Product only on or in conjunction with the Website. Customer grants no rights other than explicitly granted herein, and Provider shall not exceed the scope of its license.
Trademarks. Subject to the terms and conditions of this Agreement, each party hereby grants to the other party a limited, non-exclusive, non-sublicenseable, royalty-free, worldwide license to use such party’s trademarks, service marks, trade names, logos or other commercial or product designations (collectively, "Marks") for the purposes of creating content directories or indexes and for marketing and promoting the Website. The trademark owner may terminate the foregoing license if, in its sole discretion, the licensee’s use of the Marks does not conform to the owner’s standards. Title to and ownership of the owner’s Marks shall remain with the owner. The licensee shall use the Marks exactly in the form provided and in conformance with any trademark usage policies. The licensee shall not form any combination marks with the other party’s Marks. The licensee shall not take any action inconsistent with the owner’s ownership of the Marks and any benefits accruing from use of such Marks shall automatically vest in the owner. Provider shall invoice all fees monthly, and payment is due 30 days from delivery of the invoice.
Termination for Cause. Except as otherwise provided for herein, either party may terminate this Agreement upon the material breach of the other party, if such breach remains uncured for 60 days following written notice to the breaching party.
Ownership of Work Product. Work product is owned by customer unless otherwise understood.
BANDWIDTH; Each hosting plan is provided with a maximum monthly allowance of data transfer (bandwidth). In the event the Customer exceeds the bandwidth allowance of the hosting plan: We will make reasonable efforts to contact the Customer to arrange an increase in bandwidth allocation at additional cost to the Customer. If the customer cannot be contacted or is unwilling to increase their bandwidth allocation, we reserves the right to suspend all Services to the Customer until the start of the following month. If the Customer repeatedly exceeds the bandwidth allocation of the hosting plan we may move the Customer to a more appropriate plan at additional cost to the Customer. Should the Customer not pay the additional fees associated with the new hosting plan or additional bandwidth, clearFusion Digital reserves the right to terminate the Customers account. Bandwidth is calculated as the combined total of incoming data plus outgoing data.
INDEMNITY. LIMITATIONS ON LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
Customer shall defend Provider against any third party claim, action, suit or proceeding alleging any breach of the covenants. Customer shall indemnify Provider for all losses, damages, liabilities and all reasonable expenses and costs incurred by Provider as a result of a final judgment entered against Provider in any such claim, action, suit or proceeding.
Provider shall defend Customer against any third party claim, action, suit or proceeding resulting from Provider’s acts, omissions or misrepresentations under this Agreement. Provider shall indemnify Customer for all losses, damages, liabilities and all reasonable expenses and costs incurred by Customer as a result of a final judgment entered against Customer in any such claim, action, suit or proceeding.
The indemnifying party’s obligations are conditioned upon the indemnified party: (a) giving the indemnifying party prompt written notice of any claim, action, suit or proceeding for which the indemnified party is seeking indemnity; (b) granting control of the defense and settlement to the indemnifying party; and (c) reasonably cooperating with the indemnifying party at the indemnifying party’s expense.