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Server Agreement

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.