This document contains important
information regarding the Terms and Conditions of Service which apply to your
account with CheetaWeb. PLEASE READ THIS DOCUMENT CAREFULLY, and retain it for
future reference. Please note that the information contained herein is subject
to change without notice.
In consideration for CheetaWeb
maintaining one or more accounts (each "Account") for you, you agree to the
following terms and conditions.
- "We" "Us" or "Provider"
or "CheetaWeb." Cheeta Technology
- "You" "Your" "Client"
"Customer" or "Member." Each person or entity who applies for
internet service or is a designate of any one who applies for internet
Disclaimer of Warranty: Limitation of Liability
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE(S) HEREUNDER ARE AT CUSTOMER'S SOLE RISK. NEITHER CHEETAWEB, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT OR INFORMATION SERVICE PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE(S) WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THE SERVICE(S) OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE(S).
CUSTOMER SHALL INDEMNIFY CHEETAWEB FOR ALL LIABILITY IN CONNECTION WITH ANY USE OF THE SERVICE(S) HEREUNDER BY CUSTOMER OR CUSTOMER USERS.
NEITHER CHEETAWEB NOR ITS AFFILIATES NOR ANY OF ITS SUPPLIERS SHALL HAVE ANY RESPONSIBILITY OR LIABILITY WITH REGARD TO THE OPERATION OR REPAIR OF CUSTOMER'S COMPUTER(S), OR FOR ANY
DAMAGE TO CUSTOMER'S COMPUTER(S) OR LOSS OF DATA BY CUSTOMER, HOWEVER CAUSED.
NEITHER PARTY IS LIABLE TO THE OTHER PARTY OR ANY OTHER ENTITY, FIRM OR PERSON FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL OR PUNITIVE DAMAGES, OF FOR ANY LOST
PROFITS OF ANY KIND OR NATURE WHATSOEVER, EVEN IF FORESEEABLE, ARISING OUT OF ANY MISTAKE, ACCIDENT, ERROR, OMISSION, INTERRUPTION, OR DEFECT IN TRANSMISSION, OR DELAY ARISING OUT OF OR
RELATING TO THE SERVICES OR THE OBLIGATIONS OF OTHER PARTY PURSUANT TO THIS SERVICE AGREEMENT AND ANY EXHIBITS OR SCHEDULES TO IT INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO PROVIDE
TIMELY, ACCURATE PROVISION, OR INSTALL ANY PORTION OF THE SERVICES, OR CONDITIONS WHICH MAY RESULT FROM ACTIONS OF REGULATORY OR JUDICIAL AUTHORITIES. CHEETAWEB MAKES NO WARRANTY TO
CUSTOMER, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE IN CONNECTION WITH THE SERVICE(S), ALL OF WHICH
WARRANTIES BY EACH PARTY ARE BY THIS SERVICE AGREEMENT EXCLUDED AND DISCLAIMED.
CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL SERVICE(S) PROVIDED HEREUNDER, AND ARE FOR THE BENEFIT OF CHEETAWEB, ITS AFFILIATES, THIRD PARTY
CONTENT AND INFORMATION SERVICE PROVIDERS AND ITS SUPPLIERS, AND THEIR RESPECTIVE EMPLOYEES AND AGENTS (EACH OF WHICH SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE THE PROVISIONS OF THIS
SECTION DIRECTLY ON ITS OWN BEHALF).
CUSTOMER FURTHER AGREES THAT ANY TRANSMISSION OF DATA OVER CHEETAWEB'S NETWORK WILL BE DONE SO WITHIN THE LAWS OF THE UNITED STATES AND ANY OTHER GOVERNING BODY ON BOTH THE
TRANSMITTING AND RECEIVING END OF SUCH DATA.
CheetaWeb reserves the right to revise its policies at any time.
Services Provided by
CheetaWeb will provide Internet
server space rental ("the Service") to its members for the express purpose of
allowing customers to provide http Internet content to the general public. The
Service allows CheetaWeb members to maintain Internet websites, receive and
maintain e-mail accounts, and access web space via FTP to upload files for their
websites. CheetaWeb members will use the provided services in a manner
consistent with any and all applicable laws of the State of Texas and the US
Federal Government. CheetaWeb provides the Services exclusively, and makes no
effort to edit, control, monitor or restrict the content of data other than as
necessary to provide such Services. If any of the activities referenced below
are committed, CheetaWeb can terminate client's account without notification.
- Disk Space and Client Content:
CheetaWeb provides varying disk quotas in its accounts. If
more disk space is needed Client is advised to upgrade to
a higher plan. Accounts are to be used by the primary owner
only. Account holders are not permitted to resell web-hosting
services of their website to other parties except in reseller
accounts. Client agrees that webpages and files uploaded to
our servers will not violate any state, federal or foreign
laws or regulations; infringe on any intellectual property
rights of CheetaWeb or any third party; be defamatory, slanderous
or trade libelous; be threatening or harassing; be discriminatory
based on gender, race, age; promote hate; or contain viruses
or other computer programming defects which result in damage
to CheetaWeb or any third party. Customers may not run IRC
bots or clients except on accounts specifically for such.
Unacceptable uses of our service also include: Bulk emailing,
unsolicited emailings, newsgroup spamming, copyrighted MP3s,
illegal content, copyright infringement, trademark infringement,
warez, cracks, or software serial numbers. CheetaWeb will
be the sole and final arbiter as to what constitutes a violation
of this policy.
- Bandwidth Usage:
Bandwidth is calculated on a recurring 30 days. Sites that
use over 10% of their monthly bandwidth per day risk being
suspended. Additional bandwidth can be obtained by upgrading
to a higher package, or thru custom agreement. Bandwidth cannot
be combined with multiple packages. We reserve the right to
not host any website that repeatedly exceeds its plan's bandwidth
- Excessive Resource User
Policy: Resources are defined as bandwidth and/or processor
utilization. A website is considered to be using "Excessive
amounts of resources" when it monopolizes the resources
available by using 10% or more of system resources for longer
than 60 seconds. There are numerous activities that could
cause such problems; these include: CGI scripts, PHP, FTP,
HTTP, etc. A site that consumes over 10% of its monthly alloted
bandwidth is also considered "excessive resources."
This policy is only implemented in extreme circumstances and
is intended to prevent the misuse of our servers. We reserve
the rights to suspend or terminate any hosting account that
we feel is jeopardizing our network. CheetaWeb will be the
sole and final arbiter as to what constitutes a violation
of this policy.
- No "Spam".
UCE/UBE or "Spam" originating from a CheetaWeb account,
or associated with a CheetaWeb account, is not tolerated.
This includes any e-mail that promotes web sites hosted on
a CheetaWeb account but is sent from an e-mail address not
associated with that CheetaWeb account. Client shall not use
their CheetaWeb services for chain letters, junk mail, bulk-email,
or any use of distribution lists to any person who has not
given specific permission to be included in such a process.
CheetaWeb reserves the right to deactivate or terminate any
account(s) upon any indication of such activity without notice.
- False Information. False
Information. Client agrees not to post false or inaccurate
information to news groups in violation of the news groups'
rules and regulations. If any news groups or service providers
contact CheetaWeb concerning unethical, false or unlawful
activities by you, CheetaWeb reserves the right to terminate
your service without notice.
- 99.5% Uptime - CheetaWeb
has a 99.5% average uptime across our entire network at large,
which includes webservers, mailservers, and more - as a whole,
excluding planned outages and upstream carrier faults. If
a single server is temporarily offline, the rest of the CheetaWeb
servers remain unaffected and uninterrupted, thus contributing
to our overall uptime.
- Licensed Software Only.
Client agrees to use only properly licensed third party software
in connection with Client's use of the Services.
- Backups. Customer’s
use of the service is at Customer’s sole risk. CheetaWeb
is not responsible for files and data residing on Customer’s
account. Customer agrees to take full responsibility for files
and data transferred and to maintain all appropriate backup
of files and data stored on CheetaWeb's servers.
Renewals, and Cancellations
- Payment Obligations:
Full payment is required in advance, before hosting service is established.
You grant CheetaWeb the right to debit the credit card or account you provided
on the Order Form for services you signed up for, until such service is
cancelled by you in writing or is cancelled by CheetaWeb according to terms of
this Agreement. You warrant and represent that the information you supply in
the Order Form (or other information that CheetaWeb may require) is accurate
and truthful. All payment-due notices will be sent by electronic mail. No
bills or invoices will be sent by postal mail or fax. If payment was not
received by the renewal date, your account will be terminated. Once your
account is terminated, you will need to pay a $15.00 reconnect fee and the
monthly fees to reopen the account. There is a $15 fee for bounced check and a
$25 processing fee for chargebacks.
- Renewals: Your account
will be automatically renewed under the same time and fee structure unless you
give written notice to CheetaWeb thirty (30) days before the renewal
date that you do not wish to renew such account.
You may cancel by providing thirty (30) days notice prior to the renewal date.
All service and hosting fees are non-refundable. All cancellations must be
received in writing as per the deadlines indicated;
regular mail, e-mail and fax notifications are acceptable. Phone requests will
not constitute acceptance of any cancellation. Cancellations will be processed
by our staff every Monday.
- Special Termination:
CheetaWeb shall have the ability to terminate customer without advance notice if any of the following occurs: CheetaWeb experiences network blocking, Customer partakes in illegal,
unethical, or immoral activities, CheetaWeb deems customer's activities detrimental to CheetaWeb's business image and practices, unusual/abusive system usage patterns, or if
any attack is made on CheetaWeb's network by third parties. In the
event of CheetaWeb's election to terminate, CheetaWeb shall not be liable for any performance under this agreement or for any loss of business by Customer.