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Last Updated -- 8 November, 2009
All customers upon signing up for an account at One Fifty Hosting agree to adhear to this document - known as the Terms of Use [TOU]. One Fifty Hosting reserves the right to add, delete or modify any provision of the TOU at any time without need for notice, effective upon the modified version being available online at www.onefiftyhosting.com. Any complaints about violation of the TOS should be sent via our contact form here.
Server Resources
Any account that uses a high amount of server resources (whether that be CPU, memory usage, or other) will be given the choice to either reduce the resources to an acceptable level, or pay additional fees. This is designed to protect users so that server resources are available to all users. One Fifty Hosting [OFH] will be the sole arbiter of what is considered to be high usage. Any user account deemed to be adversely affecting the performance of the server, or network integrity, and thus the community of users, will be shut down without prior notice.
Spamming
Sending unsolicited, or unwanted, bulk and/or commercial messages over the Internet is known as Spamming. Spamming is strictly prohibited, for moral, ethical, and legal reasons. Violators will face immediate suspension, without refund. One Fifty Hosting reserves the right to determine, in sole and absolute descretion, what consitutes a violation of this provision.
Scripts
Any scripts or software that pose a potential security risk or are deemed to be affecting server performance or network integrity will be shut down or will be automatically removed without prior notice.
Ownership of Web Site
The legal and full ownership of customers' Web sites and files associated with the hosting account remain the property of the individual or organization whose name is listed as the owner of the account [as advised by Paypal upon payment].
Illegal Use
OFH is to be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any law/regulation, or that may directly facilitate the violation of any law/regulation is prohibited. This obviously includes, but is not limited to, copyright material. It also includes [but not limited to] any material that is obscene, defamatory or constitutes an illegal threat. Upon being aware of any illegal files OFH reserves the right to cancel the account without notification. No refund will be given.
Abuse
If your account is found to have been used to participate in any violation of system or network security it may be cancelled without notice, and no refund given. This includes, but is not limited to, such acts that fall under the definition of 'hacking'.
Viruses, And Other Destructive Activities
If your account is found to be used or associated in any way with the distribution of viruses, trojans, or any other destructive software or activity, it will be cancelled without notice. No refund will be given in this situation.
Payment
Payment is made by Paypal. If a subscription is cancelled and no notification given, we will attempt to contact you. If we do not receive a response, and payment becomes overdue, we reserve the right to cancel your account without further notification. As part of cancelling your account your files may be deleted. Payment is made monthly, and in advance.
Statements
OFH does not produce statements of account in anyway by default. If you need this information, it is available through Paypal. If you do need additional information, we can e-mail you a statement with past billing information. We do not under any circumstances mail statements.
Cancellation
To cancel an account please contact us here. Along with this, please also cancel your subscription with Paypal. If you forget we will cancel this on our side. If you do not email us, and do not cancel your Paypal subscription, there will be no refunds given.
Copyright violations
If you feel one of our users has violated copyright, please get in touch with us through our contact form. We take any violation seriously, and provided the relevant evidence is given [or is obvious enough to not warrant the need] we will take the appropriate action to resolve the breach. Any liability of breach remains with the user of the account, and not OFH.
Privacy
OFH is concerned with he privacy of our users. We will not release any information without your permission, except under rare circumstances where there has been a breach of the TOS by the user, or where required to by law. 'Information' includes email, names, payment details, and other sensitive material. We may email you from time to time, but this will not be excessive.
Liability
OFH does not accept any liability regarding losses or damages caused from the use of this service. OFH is provided on an as-is basis without warranties of any kind, either express or implied.
Minimum Age Requirement
OFH customers must be over the age of 18.
Disputes
You will resolve any claim, cause of action or dispute you have with us in New Zealand. The laws of New Zealand will govern this TOS, as well as any claim that might arise between you and us, without regarding to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Wellington, New Zealand for the purposes of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on OFH, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT One Fifty Hosting SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE One Fifty Hosting SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO One Fifty Hosting SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILTY OF One Fifty Hosting AND ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, OR AFFILIATES IN CONNECTION WITH THE One Fifty Hosting SERVICES , UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL NOT EXCEED THREE TIMES ONE MONTHS RECURRING FEE FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM AS OF THE TIME OF THE OCCURRENCE OF THE EVENTS GIVING RISE TO THE CLAIM.
Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
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