h2 Global, (herein after referred to as "h2") provides
Internet World Wide Web hosting, Marketing, Development and Internet
presence. h2 has certain legal and ethical responsibilities regarding
the use of its server(s) and equipment involved in its products
and services.
These policies apply to all service recipients (Customer) equally
and shall be established by correspondence between h2 and Customer.
Such policies shall be deemed to be incorporated by reference to
this agreement. h2 and Customer shall retain copies of such policies
for future reference. Because these policies may be added to, altered
or removed at any time, it is in the best interest of the Customer
to check them from time to time.
In consideration of the mutual covenants herein, the parties (h2
and Customer) agree to the following, which shall apply during the
terms of this agreement.
Unauthorized Use
Customer will use his or her h2 account in a way that complies
with all applicable laws and regulations. Customer will not use
h2 services (including any website established on an h2 server)
or the h2 website to publish, post, distribute or disseminate anothers
proprietary information, including trademarks or copyrighted information,
without express authorization of the rights holder. h2 reserves
the right to immediately remove (with or without terminating the
account) any website established on an h2 server or any material
or information which infringes on anothers property rights.
Any attempt to gain unauthorized access to any systems or networks
will result in immediate action against the perpetrator(s). Actions
may include and are not limited to warnings, account suspension
or cancellation, and civil or criminal legal action.
Security
Passwords are to be maintained by Customer as private and confidential
information. Information available through h2 network(s) may not
be accurate. Internetworking communications are not secure and may
be subject to interception or loss. h2 Global makes no warranties
of any kind, whether expressed, implied, or statutory, concerning
the data or information available through h2 network(s).
Impersonation / Forgery
Adding, removing, or modifying network header information (aka
spoofing) in an effort to deceive or mislead is prohibited.
Attempting to impersonate any person using forged headers or other
identifiers is similarly prohibited. Use of anonymous remailers
is not recommended. Please note that use of nicknames does not constitute
impersonation.
Termination
h2 reserves the right to terminate accounts at any time, for any
reason, including, but not limited to, failure to abide by the terms
of this agreement or failure to pay fees or charges when due. If
an account is deactivated, Customer may be required to pay reconnect
charges and a prepaid deposit in order to re-activate the account.
Any data stored on an h2 server will be deleted upon deactivation.
Violation of certain generally accepted guidelines on Internet usage,
such as restrictions on mass e-mailings and mass advertising, or
posting to inappropriate newsgroups, may cause serious operating
difficulties for h2 and would likely cause termination of Customers
account.
Lawful Purpose
h2 reserves the right to refuse service to anyone. Customer may
use h2 server(s) for lawful purposes only. Transmission of any material
in violation of any Federal, State or Local regulation is prohibited.
This includes, but is not limited to, copyrighted material, material
legally judged to be threatening or obscene and material protected
by trade secrets. h2 expressly forbids anyone from using h2 servers
for the propagation, distribution, housing, processing, storing
or otherwise handling in any way lewd, obscene, or pornographic
material, or any other material which h2 deems objectionable, including,
but not limited to, pornography, satanic materials, and any and
all materials of an adult nature. The designation of any materials
as such described above is left entirely to the discretion of h2
management. h2 services are intended for the end user only. Customer
cannot sublease, sub-host, or give away control of any portion of
h2s resources. Doing so will result in immediate account cancellation.
Disclaimers of warranty
h2 will not be responsible for any damages your business may suffer.
h2 makes no warranties of any kind, expressed or implied, for the
services it provides. h2 disclaims any warranty or merchantability
or fitness for a particular purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery, and any and
all service interruptions caused by h2 and its employees. h2 reserves
the right to revise its policies at any time.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold
h2 harmless from any and all demands, liabilities, losses, costs
and claims, including reasonable attorneys fees asserted against
h2 Global, its agents, its customers, officers, directors and employees,
that may arise or result from any service provided or performed
or agreed to be performed or any product sold by Customer, its agents,
employees or assigns. Customer agrees to defend, indemnify and hold
h2 harmless against liabilities arising out of (1) any injury to
persons or property caused by any products sold or otherwise distributed
in connection with h2s server(s); (2) any material supplied
by Customer infringing or allegedly infringing on the proprietary
rights of a third party; (3) copyright infringement, and (4) any
defective products sold to customer from h2s server(s).
Terms
The initial term shall be effective for the term stated in the
initial order. This agreement will be renewed automatically for
subsequent terms of the same length unless one party gives notice
of non-renewal to the other at least twenty (20) days prior to the
next renewal date.
Venue
The parties hereby agree that venue for this contract and all agreements
shall lie in Dallas County, Texas. The laws of the state of Texas
shall govern this agreement. All legal disputes and court actions
shall take place in Dallas County, Texas.
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