Web Hosting Terms of Service

WHEREAS, Spawn of Cthulhu Publishing is an information provider connected to the Internet Spawn of Cthulhu Publishing offers storage and transfer services over the Internet through access to its Web Server;

WHEREAS, Customer seeks to utilize Spawn of Cthulhu Publishing's server for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Spawn of Cthulhu Publishing can make no guarantee that any given reader shall be able to access Spawn of Cthulhu Publishing's server at any given time.

Spawn of Cthulhu Publishing represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

FINANCIAL ARRANGEMENTS

  1. Customer agrees to a thirty (30) day contract minimum, beginning upon commencement of service.
  2. If the customer wishes to cancel Spawn of Cthulhu Publishing shared Web Hosting services they shall be able to do so for any reason (aside from disablement for Terms of Service or Anti-Spam Policy violations) and have their money promptly refunded for all future services (past payments and the current month's payment will not be refunded).
  3. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. See the Domain Registration Agreement for more information.
  4. At the end of the contract term, the contract will automatically renew for successive thirty (30) day periods indefinitely until canceled in writing or via the web panel.
  5. Violations of Spawn of Cthulhu Publishing's Terms of Service or Anti-Spam Policy may, at Spawn of Cthulhu Publishing's discretion, result in immediate and permanent disablement without refund.
  6. Disputed charges ("chargebacks") associated with any Spawn of Cthulhu Publishing account may, at Spawn of Cthulhu Publishing's discretion, result in immediate and permanent disablement.

TAXES

  1. Spawn of Cthulhu Publishing shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Spawn of Cthulhu Publishing's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

MATERIAL PRODUCTS

  1. Customer will provide Spawn of Cthulhu Publishing with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Spawn of Cthulhu Publishing. Spawn of Cthulhu Publishing shall make no effort to validate this information for content, correctness or usability.
  2. Use of Spawn of Cthulhu Publishing's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.
  3. The following examples are offered:
    • Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
    • CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
  4. The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of Spawn of Cthulhu Publishing to provide this knowledge or Customer Support outside of the defined service of Spawn of Cthulhu Publishing.
  5. Spawn of Cthulhu Publishing will exercise no control whatsoever over the content of the information passing through the network.
  6. The customer agrees to make use of Spawn of Cthulhu Publishing servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose.. Spawn of Cthulhu Publishing servers are not intended as a data backup or archiving service. Spawn of Cthulhu Publishing reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated transfer bandwidth for a month, you will be billed at the rate of $1 per additional 10GB.
  7. Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run, etc.) are not encouraged. Any application that listens for inbound network connections (even if the application would otherwise be allowed) are not permitted. BitTorrent clients, proxy servers/scripts, IRC bots and bouncers (BNC) specifically may not be run on any Spawn of Cthulhu Publishing server. If your processes are adversely affecting server performance disproportionately Spawn of Cthulhu Publishing reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.
  8. Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called "Scraper sites." These can all have a severely detrimental effect on server performance and are not permitted.
  9. The Customer agrees to hold only one (1) active web hosting service plan at any given time with Spawn of Cthulhu Publishing. Signing up for multiple plans is grounds for termination of all plans, including the first one, without warning.
  10. Spawn of Cthulhu Publishing makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Spawn of Cthulhu Publishing also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Spawn of Cthulhu Publishing is at the Customer's own risk, and Spawn of Cthulhu Publishing specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Spawn of Cthulhu Publishing expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
  11. Spawn of Cthulhu Publishing specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Spawn of Cthulhu Publishing may, at its option and at any time, reject this material, including but not limited to after it has been put on Spawn of Cthulhu Publishing's Server. Spawn of Cthulhu Publishing agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Spawn of Cthulhu Publishing. If the Customer fails to modify the material, as directed by Spawn of Cthulhu Publishing, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
  12. All domain names registered through Spawn of Cthulhu Publishing that are 'parked' or are otherwise not immediately associated with a Spawn of Cthulhu Publishing hosting plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via Spawn of Cthulhu Publishing. The Coming Soon web page may be modified at any time by Spawn of Cthulhu Publishing without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Spawn of Cthulhu Publishing.

TRADEMARKS & COPYRIGHTS

  1. Customer warrants that it has the right to use the applicable trademarks, if any.

HARDWARE, EQUIPMENT, & SOFTWARE

  1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Spawn of Cthulhu Publishing.
  2. Spawn of Cthulhu Publishing makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Spawn of Cthulhu Publishing service.

AGE

  1. The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.

INTERNET ETIQUETTE

  1. Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Spawn of Cthulhu Publishing may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Spawn of Cthulhu Publishing. All messages transmitted via Spawn of Cthulhu Publishing should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
  2. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning of either Spawn of Cthulhu Publishing or external computers and Denial Of Service attacks of any kind.

TERMINATION

  1. This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Spawn of Cthulhu Publishing will accept termination by electronic mail or by cancellation through the Customer's client area. Notwithstanding the above, Spawn of Cthulhu Publishing may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Spawn of Cthulhu Publishing reserves the right to charge a reinstatement fee.

LIMITED LIABILITY

  1. Customer expressly agrees that use of Spawn of Cthulhu Publishing's Server is at Customer's sole risk. Neither Spawn of Cthulhu Publishing, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Spawn of Cthulhu Publishing's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Spawn of Cthulhu Publishing Server service, unless otherwise expressly stated in this contract.
  2. Under no circumstances, including negligence, shall Spawn of Cthulhu Publishing, its offices, agents or any one else involved in creating, producing or distributing Spawn of Cthulhu Publishing's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Spawn of Cthulhu Publishing Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Spawn of Cthulhu Publishing's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Spawn of Cthulhu Publishing's Server service.
  3. Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

LAWFUL PURPOSE

  1. Customer may only use Spawn of Cthulhu Publishing's Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on Spawn of Cthulhu Publishing's Server.
  2. Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Spawn of Cthulhu Publishing's Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at Spawn of Cthulhu Publishing. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.

PROMOTIONAL CODES

  1. By using a promo code upon purchase of a product or service, you waive the option to indicate who referred you to Spawn of Cthulhu Publishing.
  2. You may not change/submit a promo code or referrer after you've finished signing up.

INDEMNIFICATION

  1. Customer agrees that it shall defend, indemnify, save and hold Spawn of Cthulhu Publishing harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Spawn of Cthulhu Publishing, its agents, its customers, servants officers 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 harmless Spawn of Cthulhu Publishing against Liabilities arising out of
    • any injury to person or property caused by any products sold or otherwise distributed in connection with Spawn of Cthulhu Publishing's Server;
    • any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
    • copyright infringement;
    • any defective product which Customer sold on Spawn of Cthulhu Publishing Server.

CONTRACT REVISIONS

Revisions to this Contract will be applicable to previous Contracts

Revisions will be considered agreed to by the Customer on renewal of service as specified in Section - Financial Arrangements.

TRANSFER

Customer may not transfer this contract without the written consent of Spawn of Cthulhu Publishing.

CONTRACT

These Terms and Conditions constitutes the entire Contract and understanding of the parties.

Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.