1.0. This Agreement defines the terms and conditions of Stormwire Internet Services, LLC's services as offered by Stormwire Internet Services, LLC and used by you, including the provision of web hosting services on Stormwire Internet Services, LLC's dedicated servers and connectivity to the Internet (the "Services"). Stormwire Internet Services, LLC will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, Stormwire Internet Services, LLC maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.
1.1. As part of the Services, Stormwire Internet Services, LLC will also provide your own web-based control panel (the "Control Panel") containing links to your summaries of the Services you have chosen, other features, etc... YOU AGREE TO VISIT THE TERMS OF SERVICE AT LEAST ONCE EVERY 30 DAYS TO LOOK FOR ANY UPDATES AND OR CHANGES. Your Control Panel also permits access to your website for uploading and modifying the contents. You will provide a unique password for authentication each time you access your website. You and Stormwire Internet Services, LLC will keep such password confidential.
1.2. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Uploaded Materials") to your website, and you hereby warrant that all Uploaded Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website, and includes, but is not limited to, the following: web publishing requires knowledge of HTML, properly locating and linking documents, FTPing web contents, graphics, text, sound, image mapping, etc.; FrontPage web publishing requires knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability; CGI-scripts requires knowledge of the UNIX environment, tar & gunzip commands, Perl, CShell scripts, permissions, etc.; and mail requires knowledge of use of mail clients to receive and send mail, etc. You acknowledge that you have the necessary knowledge to create, modify and maintain your website. Stormwire Internet Services, LLC assumes no responsibility to provide you with such knowledge.
1.3. In connection with the Services, Stormwire Internet Services, LLC may provide for your use certain tools and software, including, but not limited to, certain specialty scripting software and/or certain programming language software for designing websites (collectively, the "Tools"). Access to these Tools may be via your Control Panel (cpanel). These Tools are copyrighted and proprietary property owned by Stormwire Internet Services, LLC. To the extent that such Tools are provided to you, you are granted a nonexclusive, nontransferable license to use the Tools in object-code form only for your internal use, solely in connection with the Services provided under this Agreement. Said tools are provided to you (the client) for FREE, and can be revoked, discontinued, updated, or changed at any time under this Agreement. Said tools are provided on an as-is basis, and Stormwire Internet Services, LLC offers no guarantees to their complete functionality and/or limitations. Furthermore, all tools and software usage must stay within the constraints of the server's configuration limits, as such limits are imposed for the protection of it's users and the server as a whole.
1.4. During the period that Stormwire Internet Services, LLC provides the Services to you, you hereby grant to Stormwire Internet Services, LLC a nonexclusive, royalty-free, worldwide right and license to digitally display and host your website and its content, and to use its trademarks, service marks, trade names, logos and other commercial or product/service designations in connection with the website and such Services.
1.5. For server restoration purposes only, Stormwire Internet Services, LLC attempts to makes full back-ups of websites weekly, however, Stormwire Internet Services, LLC makes no guarantees of any kind, either expressed or implied, as to the integrity or existence of these back-ups. You are responsible to maintain your own local copies of your website using the tools provided in your control panel.
If loss of data occurs due to a hardware failure, Stormwire Internet Services, LLC will attempt to recover the data at no additional charge. However, it is important to understand that hardware failures are beyond our control and often result in a loss of the client's data if no local backups are made using the free tools provided. It is the sole responsibility of the client to do all back ups of their site. If, in the unfortunate event, something happens to your files, mail, databases, or any other data stored on our server, it is the sole responsibility of the client to have a local copy to restore from.
Stormwire Internet Services, LLC is not held liable, in any way, for any files, income, time, effort, etc... lost due to this unfortunate event. Furthermore, if your files are lost, we will attempt to restore them as a gesture of good faith, but make no promises what so ever about whether the files can be retrieved successfully or if they will be up to date. The total damages Stormwire Internet Services, LLC could ever be liable for in a US court of law is limited to the most recent invoice amount paid by the client for their hosting account with Stormwire.com. Summary: All backups are the client's responsibility.
1.6. Stormwire Internet Services, LLC reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. Stormwire Internet Services, LLC will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not Stormwire Internet Services, LLC's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.
1.7. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that Stormwire Internet Services, LLC is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, Stormwire Internet Services, LLC will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Stormwire Internet Services, LLC has a policy of terminating accountholders who are repeat copyright infringers.
1.8. Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on Stormwire Internet Services, LLC's servers nor the links to other websites are screened, approved, reviewed or endorsed by Stormwire Internet Services, LLC. Stormwire Internet Services, LLC is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not Stormwire Internet Services, LLC's statements of advice, opinion or information.
1.9. Stormwire.com reserves the right to patch, upgrade, modify, tune, configure, and globally install any 3rd party software they see fit to protect the server, and all clients hosted, from any outside threats. These changes, additions, and 3rd party global script installs are solely up to Stormwire.com to determine, as the server owner and operator, and is for the protection of the clients and owners of the machine. Examples of such software include, but are not limited to: firewalls, SSH access limitations, any level of mail scanning (to fight SPAM), virus filtering, MRTG, Kernal Upgrades, and more. Please note that we will work with any client to help them resolve any issues that may arise as a direct result of said software, however, we will not remove any software deemed necessary at a user's request. All software installed and running on the server where a shared account is hosted is specifically configured to protect the server and the clients from outside threats, and to keep the hosting environment safe, secure, and reliable.
2. Limited Warranty; Limitation of Liability; Indemnification:
2.1. Limited Warranty. You acknowledge that the Services are provided "as is." Neither Stormwire Internet Services, LLC, nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. Stormwire Internet Services, LLC is not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose of information available on its SERVERS or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will Stormwire Internet Services, LLC be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.
2.2. Limitation of Liability. IN NO EVENT SHALL Stormwire Internet Services, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Stormwire Internet Services, LLC'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Stormwire Internet Services, LLC'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Stormwire Internet Services, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Stormwire Internet Services, LLC'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Stormwire Internet Services, LLC FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Stormwire Internet Services, LLC'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
2.3. Extended. Warranty/Limitation of Liability - Customer hereby agrees that Stormwire Internet Services, LLC makes no warranties, express or implied and Customer hereby waives any claim based upon any breach thereof. Customer further agrees that Stormwire Internet Services, LLC shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement, and in any event, the amount of damages due from Stormwire Internet Services, LLC to Customer shall never exceed, and shall be limited to, a credit allowance of all payments made to date of claim, but not to exceed one (1) months' service fee at current rates. Stormwire Internet Services, LLC's liability arising out of delays in installation, commencement or restoration of Service, or out of mistakes, accidents, omissions, interruptions, delays, or defect in transmission, including those which may be caused by regulatory or judicial authorities, shall in no event exceed the amount of the credit allowance, if any, available under this Section. Without limiting the foregoing, Stormwire Internet Services, LLC shall have no obligation to provide alternative routing with respect to any Service provided pursuant to this Agreement. IN NO EVENT SHALL Stormwire Internet Services, LLC BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECT IN TRANSMISSION, OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF Stormwire Internet Services, LLC PURSUANT TO THIS AGREEMENT. Stormwire Internet Services, LLC MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE FOR THE SERVICE OR LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY Stormwire Internet Services, LLC ARE HEREBY EXCLUDED AND DISCLAIMED
2.4. Indemnification. You agree to indemnify, defend and hold Stormwire Internet Services, LLC and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Stormwire Internet Services, LLC's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Stormwire Internet Services, LLC's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your web master; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Stormwire Internet Services, LLC's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
2.5. Service Interuptions. Customer understands and agrees that occasional temporary interruptions of Internet Services may occur and agrees that under no circumstances will Stormwire Internet Services, LLC be held liable for any financial or other damages due to such interruptions. In no event shall Stormwire Internet Services, LLC be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Examples of such temporary interuptions include, but are not limited to: Data Center issues, routing issues, hardware failures/issues, upstream provider issues, etc...
2.6. Force Majeure. Stormwire Internet Services, LLC shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to, acts of God, fire, explosion, vandalism, cable cut, storm, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; Stormwire Internet Services, LLC failures, shortages, breaches or delays
2.7. Liability of Customer - Any mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission or Service which are caused or contributed to, directly or indirectly, by an act or omission of the Customer or by the use of Customer-provided facilities or equipment, or by the use of facilities or equipment furnished by any other person using Customer's facilities which are connected to Stormwire Internet Services, LLC's facilities, shall not result in the imposition of any liability upon Stormwire Internet Services, LLC and Customer shall pay to Stormwire Internet Services, LLC any reasonable costs, expenses, damages, fees or penalties incurred by Stormwire Internet Services, LLC as a result thereof, including costs of local exchange company, labor and materials
2.8. INDEMNITY BY CUSTOMER - CUSTOMER AGREES TO RELEASE, HOLD HARMLESS, DEFEND AND INDEMNFIY Stormwire Internet Services, LLC, ITS SUBSIDIARIES, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, OR ANY OTHER LIABILITY ARISING FROM CUSTOMER'S USE OF Stormwire Internet Services, LLC'S SERVICES AND FACILITIES PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, EVEN IF Stormwire Internet Services, LLC HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING PAYMENT OF Stormwire Internet Services, LLC'S REASONABLE ATTORNEY'S FEES
3. Payment of Fees:
3.1. Stormwire Internet Services, LLC will publish a notice of fee increases 10 days before such increases take effect. A listing of current monthly, quarterly, semi-annual and annual fees (each, a "Payment Interval") can be found at www.stormwire.com.
3.2. You agree to provide Stormwire Internet Services, LLC with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and applicable payment date and to update this information immediately if any change occurs. You must secure your account with a valid credit card. Payments must be submitted in advance of receiving the Services.
3.3. You acknowledge that Stormwire Internet Services, LLC will bill your credit card prior to the Payment Interval you have chosen. You authorize automatic billing by Stormwire Internet Services, LLC on an on-going basis during the term of this Agreement. All, but not limited to, billing discrepancies, reversals, voids, etc, must be claimed or brought to the billing department's attention within 90 days of the dispute date. If your matter falls outside this range, contact Stormwire Internet Services, LLC directly and we will try to work out the matter. This is for the protection of both Stormwire Internet Services, LLC and the client, as legal books/taxes are handled quarterly.
3.4. Delinquent accounts are those that remain unpaid for 7 days. The Services will be suspended if your account is delinquent, and Stormwire Internet Services, LLC will insert a blank page (404) for users to see. Notwithstanding any other rights Stormwire Internet Services, LLC may have in this Agreement, all of your website contents will be destroyed if your account is delinquent for 10 days. Stormwire Internet Services, LLC accounts continue to accrue charges while they are delinquent or if the Services are suspended.
3.5. You acknowledge responsibility for your account until payment in full is made.
3.6. If Stormwire Internet Services, LLC registered your domain then domain registration renewals will occur automatically up to 1 month prior to your renewal date as long as your account is current and in good standing. The cost is 19.00/year, and the term is 1 year. If you register a domain through us and you leave Stormwire Internet Services, LLC's services within that year, it is your (the customer's) responsibility to submit a support request at the following url to have it renewed at the 19.00/year price or it will NOT be renewed at all. url: http://hostingtechs.com/
This means that if you terminate your account with us, and we are your original registrar, your domain will expire and be released for re-registration if you do not submit the support request to renew and pay in full. Automated domain renewals, for which we are the original registrar, only occur for current clients who have an account in good standing.
Stormwire.com does NOT renew any domains that have been registered via Cyberland-USA.com, Americashost.com, or Rockhosting.com automatically. If your domain name was registered with any of these sites (prior to Stormwire.com's acquisition of them) then it is up to you to either renew the domain on your own or submit a request ticket for us to renew the domain for you. There are no refunds on a domain that has allready been auto-renewed or registered.
Our registry (enom.com) will automatically send notifications to the administrative contact's email address notifying you of impending domain expiration. Typically, the registry sends these notifications at 90 days, 60 days, 30 days, 14 days, and the day of prior to the domain name's expiration. Thus, please ensure that you always keep a working email address on file with the registry so you receive those notifications. Please understand that it is the always the client's responsibility to ensure their domain names continue to be renewed whenever they are about to expire.
4. Acceptable Uses:
4.1. Use and Misuse of the Services. All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first: email@example.com.
You are responsible for all use of your website, with or without your knowledge or consent.
You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited.
When Stormwire Internet Services, LLC becomes aware of possible violations of this Agreement, Stormwire Internet Services, LLC may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on Stormwire Internet Services, LLC's servers. Stormwire Internet Services, LLC, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD STORMWIRE INTERNET SERVICES, LLC HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY STORMWIRE INTERNET SERVICES, LLC AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM STORMWIRE INTERNET SERVICES, LLC AS A RESULT OF STORMWIRE INTERNET SERVICES, LLC'S DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF STORMWIRE INTERNET SERVICES, LLC'S CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
4.2. Use and Misuse of Materials. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain.
You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of Stormwire Internet Services, LLC's servers. You may not post, upload or otherwise distribute copyrighted material on Stormwire Internet Services, LLC'S servers without the consent of the copyright holder.
Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX. Stormwire Internet Services, LLC supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, Stormwire Internet Services, LLC will not substitute itself for a court of law in deciding tort claims raised by the third party.
4.3. Email Use. Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by Stormwire Internet Services, LLC by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated.
You should not send email to any user who does not wish to receive it, either at Stormwire Internet Services, LLC or elsewhere. Stormwire Internet Services, LLC recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop.
You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. Stormwire Internet Services, LLC may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information.
Violations of the Stormwire Internet Services, LLC policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that Stormwire Internet Services, LLC resources are affected, Stormwire Internet Services, LLC staff may shut down your mailbox.
4.4. System Security. You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at Stormwire Internet Services, LLC or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojan horses are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
If you are involved in violations of system security, Stormwire Internet Services, LLC reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. Stormwire Internet Services, LLC will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
4.5. System Resources. System abuse includes any use of Stormwire Internet Services, LLC resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.
Any usage of 10% or more of Stormwire Internet Services, LLC's system resources is an undue burden on Stormwire Internet Services, LLC's system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice. In addition any domain that exceeds 10 gigabytes of bandwidth traffic can be terminated without prior notice. Stormwire Internet Services, LLC can set an additional domain name to be pointed to your site's IP address for a one-time $10 set-up fee. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termination.
Further, running programs in the background on a Stormwire Internet Services, LLC server without Stormwire Internet Services, LLC's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more then 1,000 emails a day and the like are not acceptable uses of Stormwire Internet Services, LLC's servers.
5. Stormwire Internet Services, LLC's Right to Terminate Agreement:
(a) Stormwire Internet Services, LLC reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that Stormwire Internet Services, LLC, in its sole discretion, believes violates this Agreement or is otherwise harmful to Stormwire Internet Services, LLC's interests or the interests of other accountholders.
(b) Stormwire Internet Services, LLC also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to your website) if any third-party claim is made that your website content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.
6. Cancellation of Accounts:
6.1. You may cancel your Stormwire Internet Services, LLC account only by submitting a cancellation request to: http://stormwire.com/cancel-account/ Charges for canceling accounts are not prorated at all if your account is renewed on a monthly basis.
6.2. All Stormwire Internet Services, LLC accounts must be paid in full before the cancellation will be considered complete.
6.3. If your account is suspended or terminated for any reason permitted by this Agreement, Stormwire Internet Services, LLC may, at its sole discretion, permanently delete your website contents from Stormwire Internet Services, LLC servers, and Stormwire Internet Services, LLC will not be able to reopen or restore such content.
6.4. You agree to auto-renewal of your account as long as you have not filled in the form listed above. This means that the account will continue to be paid for on a monthly basis until you have received an email confirmation of service termination from Stormwire.com.
7. Arbitration; Governing Law:
7.1. Except for Stormwire Internet Services, LLC's compliance with take-down provisions of the DMCA or injunctive or other equitable actions initiated by Stormwire Internet Services, LLC pursuant to Section 5(b), if any controversy or dispute arises in connection with this Agreement, the Services or your use of Stormwire Internet Services, LLC's servers, such controversy or dispute shall first be presented for resolution by Stormwire Internet Services, LLC and you. If no resolution is reached within 7 days thereafter, then such controversy or dispute shall be resolved by binding arbitration in Columbus, Ohio, under the then-current rules of commercial arbitration of the American Arbitration Association. Each party shall select an arbitrator with expertise in computer law and the Internet, and these two arbitrators shall select the third arbitrator with such expertise. The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Ohio (without regard to conflicts of laws principles).
7.2 You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Ohio and or North Carolina for any action, suit or proceeding arising out of or relating to Section 5(b) of this Agreement and the arbitration contemplated by this Section 7.
If Stormwire Internet Services, LLC registered your domain then domain registration renewals will occur automatically up to 1 month prior to your renewal date . The cost is 19.00/year, and the term is 1 year. If you register a domain and you leave Stormwire Internet Services, LLC's services within that year, it is your (the customer's) responsibility to submit a support request at the following url to have it renewed at the 19.00/year price or it will NOT be renewed at all. url: http://hostingtechs.com/
You may not assign your rights and obligations under this Agreement without the prior written consent of Stormwire Internet Services, LLC, which may be withheld at Stormwire Internet Services, LLC's discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Stormwire Internet Services, LLC to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by Stormwire Internet Services, LLC of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by Stormwire Internet Services, LLC. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the Online Order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Stormwire Internet Services, LLC and supersede and govern all prior proposals, agreements, or other communications.
9. Abuse of Stormwire Internet Services, LLC or Employees:
No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Any abuse towards any Stormwire Internet Services, LLC employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner.
When emailing Stormwire Internet Services, LLC refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at Stormwire Internet Services, LLC or it's employees shall be considered a violation of this TOS.
Any threat; whether verbally, orally, written, or delivered by second parties directed towards Stormwire Internet Services, LLC or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
Any conduct viewed as violating this section shall be considered a violation of this TOS. Stormwire Internet Services, LLC will be the sole arbitrator in regards to what is deemed a violation.
10. Acceptance Of All Policies:
This terms of service agreement applies to all clients of the following subsidiaries of Stormwire Internet Services, LLC:
By clicking the "I Accept" button on the order form or by continuing to pay your automated monthly renewal fees is the legal equivalent of your signature on a written contract. When you clicked the "I Accept" button on the order form, or by continuing to pay your automated monthly renewal fees, you agree to be bound by, and to comply with, this Agreement just as if you had signed it by hand.
FIND A DOMAIN
Hosting Account Features
Each of the Data Centers we choose utilizes fully redundant power, air conditioning, as well as network uplinks, and core routing equipment. This allows us to ensure we are providing only top-notch service to our customers, and keeping servers cool and online with low latency transport
User Friendly Control Panel
Stormwire.com uses the latest version of cPanel and WHM. This control panel is the premier choice for web hosting providers. With tools to manage every aspect of your hosting account, you will surely be impressed with all our control panel has to offer. Webmail, blogs, e-commerce, and more !
True 24 x 7 Support
Stormwire.com understands that whether you are just starting out on the web or you are already a webmaster, you need a customer friendly support team to back you up 365 days per year. We have an entire team of extremely friendly and dedicated technicians who are available 24 hours a day.
Additional Web Services
We are a one stop shop for all of your Internet needs. Our wide selection of services include the following: Custom web site development, Domain name registration, Search engine optimization & submission, Pay-per-click marketing campaigns, Secure certificates, and more.
We are serious about customer satisfaction, features, and up time. We offer the following guarantee: