Terms and Conditions
All services provided by
Peakhost.com may be used for lawful purposes only. Transmission or storage of any
information, data or material in violation of any United States Federal, State or City law
is prohibited. This includes, but is not limited to: copyrighted material, material
legally judged to be threatening or obscene, or material protected by trade secret and
other statue. The subscriber agrees to indemnify and hold harmless Peakhost.com from any
claims resulting from the use of the service which damages the subscriber or any other
parties.
NOTE: Spamming, or the
sending of unsolicited email, from a Peakhost.com server or using an email or web
address that is maintained on a Peakhost.com for receiving activity from bulk emailing
is STRICTLY prohibited. Peakhost.com will be the sole arbiter as to what constitutes a
violation of this provision.
NOTE: Running multiple
shell processes, IRC, BitchX, screen, is STRICTLY prohibited. Peakhost.com will be the
sole arbiter as to what constitutes a violation of this provision.
NOTE: FLATFILE backend
banner exchanges or rotators are prohibited.
NOTE: Password
trading/distribution sites are prohibited. Operators of such sites will have their
personal information distributed to all internet blacklists and to webmasters of all sites
they are distributing passwords for. Operators of password sites are liable for
payment for unique user they have given illegal access information to.
NOTE: Spamdexing and
other means of search engine subversion are prohibited.
NOTE: Bots and data
mining are prohibited.
NOTE: Attempting to
sabotage files or probe systems owned or operated by Peakhost.com will result in
immediate termination of account and may result in legal action.
NOTE: If we suspect
any fraudulent activity, copyright infringement, or other illegal activity is occurring on
any account maintained on Peakhost.com the root of the account will be reported to the
FBI Computer Crime Division WITHOUT WARNING for investigation.
NOTE: Using your account
for storage/transfer of pirated or cracked software is STRICTLY prohibited. No warnings
will be issued and your account will be subjected to monitoring by local FBI agents in
order to collect evidence to file criminal charges. Peakhost.com will be the sole
arbiter as to what constitutes a violation of this provision.
NOTE: Violation of this
terms of service contract will result in immediate termination of your internet account
and possible legal actions. All accounts through Peakhost.com are NON REFUNDABLE. If
you're account is terminated you will not receive a refund of any kind from
Peakhost.com. Peakhost.com will be the sole arbiter as to what constitutes a violation
of this provision.
Any access to other networks
connected to Peakhost.com must comply with the rules appropriate for that other network.
This specifically, but not exclusively, includes NSFNET.
The subscriber agrees that the
company has the right to delete all data, files or other information that is stored in the
subscribers account if the subscriber's account with the company is terminated, for any
reason, by either the Peakhost.com or the subscriber.
System accounts cannot be
transferred or used by anyone other than the subscriber. Subscribers Client Accounts which
have been subleased to other parties, or show other activity in violation of this
paragraph, are subject to immediate cancellation.
Peakhost.com shall have the
right to suspend service to the subscriber at any time, and for any reason, without
notice.
The subscriber must certify that
he or she is at least 18 years of age.
Peakhost.com exercises no
control whatsoever over the content of the information passing through Peakhost.com .
Peakhost.com makes no
warranties of any kind, whether expressed or implied, for the service it is providing.
Peakhost.com also disclaims
any warranty of merchantability or fitness for a particular purpose.
Peakhost.com will not be
responsible for any damage suffered. This includes loss of data resulting from delays,
nondeliveries, misdeliveries, or service interruptions caused by Peakhost.com 's
negligence or the subscriber's errors or omissions. Use of any information obtained via
Peakhost.com is at your own risk.
Peakhost.com specifically
denies any responsibility for the accuracy or quality of information obtained through its
services.
LIMITED LIABILITY. ANY LIABILITY
OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF
CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE
STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR
THE CURRENT MONTH.
Should any provision of this
agreement be held to be illegal, invalid, or unenforceable by a court law, the legality,
validity and enforceability of the remaining provisions of this agreement shall remain
unaffected thereby unless otherwise stated.
These Terms and Conditions
supersede all previous representations, understandings or agreements and shall prevail
notwithstanding any variance with terms and conditions of any order submitted. Use of
Peakhost.com Service constitutes acceptance of these Terms and Conditions.
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