Terms Of Service (TOS)
CheapWholesaleServers.com Web Site (the
"Site") is an online information service provided by
CheapWholesaleServers.com, subject to
your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE
SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND
BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
CheapWholesaleServers.com MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE
SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE
AND/OR SOFTWARE. You may print and download portions of material
from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete
any copyright or proprietary notices from the materials. You agree
to grant to
non-exclusive, royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation,
ideas contained therein for new or improved products and services)
you submit to any public areas of the Site (such as bulletin boards,
forums and newsgroups) or by e-mail to
CheapWholesaleServers.com by all means
and in any media now known or hereafter developed. You also grant to
CheapWholesaleServers.com the right to
use your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing
and promotional material related thereto. You agree that you shall
have no recourse against hostnerdz.com for any alleged or actual
infringement or misappropriation of any proprietary right in your
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or service marks
CheapWholesaleServers.com. Other product
and company names mentioned in the Site may be the trademarks of
their respective owners.
Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by
not operate, control or endorse any information, products or
services on the Internet in any way. Except for
information, products or services, all information, products and
services offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with
CheapWholesaleServers.com a. You also
CheapWholesaleServers.com cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET.
CheapWholesaleServers.com PROVIDES THE
SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS
OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY, AND
CheapWholesaleServers.com SHALL NOT BE
LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY.
CheapWholesaleServers.com DOES NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
CheapWholesaleServers.com HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL
CheapWholesaleServers.com BE LIABLE FOR
(I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED
FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN
CheapWholesaleServers.com OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
CheapWholesaleServers.com LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
CheapWholesaleServers.com makes no
representations whatsoever about any other web site which you may
access through this one or which may link to this Site. When you
access a non-CheapWholesaleServers.com
web site, please understand that it is independent from
CheapWholesaleServers.com, and that
CheapWholesaleServers.com has no control
over the content on that web site. In addition, a link to a
CheapWholesaleServers.com web site does
not mean that
CheapWholesaleServers.com endorses or
accepts any responsibility for the content, or the use, of such web
You agree to indemnify, defend and hold harmless
CheapWholesaleServers.com, its officers,
directors, employees, agents, licensors, suppliers and any third
party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of
CheapWholesaleServers.com and its
officers, directors, employees, agents, licensors, suppliers, and
any third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights), 6 (Miscellaneous) and 7.
Service Cancellation shall survive any termination of this
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to
agreements made and to be performed in The United States of America.
You agree that any legal action or proceeding between
CheapWholesaleServers.com and you for
any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in The United States of America .
Any cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is barred.
CheapWholesaleServers.com's failure to
insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement.
may assign its rights and duties under this Agreement to any party
at any time without notice to you.
(No exceptions) must give 30 days notice prior to
cancellation of their service
9. Money Back Guarantee
Only servers plans are eligible for a money back guarantee if
cancelled within three days of purchase. All cancellations will
incur applicable administrative service charges that will be
subtracted from any monies returned to client.
and services are subject to change at any moment at the sole
CheapWholesaleServers.com AKA www.cheapwholesaleservers.com
Any rights not expressly granted herein are reserved.
Acceptable Use Policy
This Acceptable Use policy document, including the
following list of prohibited Activities, is an integral part of your
Hosting Agreement with
If you engage in any of the activities prohibited by this AUP
. may suspend or terminate your account and may
result in criminal and civil liability.
will investigate incidents involving such
violations and may involve and will cooperate with law enforcement
if a criminal violation is suspected.
's Acceptable Use policy (the "policy") for
Services is designed to help protect
customers and the Internet community in general
from irresponsible or, in some cases, illegal activities. The policy
is a non-exclusive list of the actions prohibited by
reserves the right to modify the policy at any
time, effective upon posting here.
system or network security violations include,
without limitation, the following:
Transmission, distribution or storage of any
material in violation of any applicable law or regulation is
prohibited. This includes, without limitation, material protected by
copyright, trademark, trade secret or other intellectual property
right used without proper authorization, and material that is
obscene, defamatory, constitutes an illegal threat, or violates
export control laws.
Sending Unsolicited Bulk Email ("UBE", "spam").
The sending of any form of Unsolicited Bulk Email through
servers is prohibited. Likewise, the sending of
UBE from another service provider advertising a web site, email
address or utilizing any resource hosted on
servers is prohibited.
accounts or services may not be used to solicit
customers from, or collect replies to, messages sent from another
Internet Service provider where those messages violate this policy
or that of the other provider.
Running Unconfirmed Mailing Lists. Subscribing
email addresses to any mailing list without the express and
verifiable permission of the email address owner is prohibited. All
mailing lists run by
. customers must be Closed-loop ("Confirmed
Opt-in"). The subscription confirmation message received from each
address owner must be kept on file for the duration of the existence
of the mailing list. Purchasing lists of email addresses from 3rd
parties for mailing to or from any
hosted domain, or referencing any
account is prohibited.
Advertising, transmitting, or otherwise making
available any software, program, product, or service that is
designed to violate this AUP or the AUP of any other Internet
Service provider, which includes, but is not limited to, the
facilitation of the means to send Unsolicited Bulk Email, initiation
of pinging, flooding, mail-bombing, denial of service attacks,stress
testing, or port scanning.
Operating an account on behalf of, or in
connection with, or reselling any service to, persons or firms
listed in the Spamhaus Register of Known Spam Operations (ROKSO)
Unauthorized attempts by a user to gain access to
any account or computer resource not belonging to that user (e.g.,
Obtaining or attempting to obtain service by any
means or device with intent to avoid payment.
Unauthorized access, alteration, destruction, or
any attempt thereof, of any information of any
customers or end-users by any means or device.
Knowingly engage in any activities designed to
harass, or that will cause a denial-of-service (e.g., synchronized
number sequence attacks) to any other user whether on the
network or on another provider's network.
Services to interfere with the use of the
network by other customers or authorized users.
Forging of any TCP-IP packet header or any part of
the header information in an email or a newsgroup posting.
Forging or modifying the source IP address within
the header of IP packets originating from your service. e.g.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY,
AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A
WHOLESALE INTERNET, INC. CUSTOMER OR A CUSTOMER'S END USER, SHALL BE
CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.
Customer Responsibility for Customer's Users
customer is responsible for the activities of
its users and, by accepting service from
is agreeing to ensure that its
customers/representatives or end-users abide by this policy.
Complaints about customers/representatives or end-users of any
. customer will be forwarded to the
customer's postmaster for action. If violations
Acceptable Use Policy occur,
reserves the right to terminate services with
or take action to stop the offending customer from violating
deems appropriate, without notice.
Please direct any questions regarding our
Acceptable Use Policy to [email protected]