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Terms of Service
SemoTech - Terms of Service

Last Modified: 04/05/2004

SemoTech reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt.
SemoTech. strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other SemoTech. customers and us against such harm.

Payment Policies, Fees, Refunds and Terms of Agreement:
Full payment is required before any hosting service is rendered, which includes renewals and domain registration/renewal. All hosting accounts have a 1 year agreement and can be paid for in advance, monthly, quarterly or semi-annually.

All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Pre-payment is due each anniversary (monthly, quarterly or yearly) following the date the account was established. Billing will continue until you explicitly cancel your hosting account. Buy Outright customers are obligated to also pay for domain name registration. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended.

Renewal orders with a Credit Card or through PayPal which occur automatically on the anniversary of the original order, must be canceled by the client prior to re-billing or at least within 30 days of re-billing. Otherwise they will be considered valid for another full term, and no refund will be possible.

If cancellation is done by SemoTech due to restrictions violation, there will be no refund. SemoTech will only allow for the discount if cancellation is not the fault of the client, as determined by SemoTech. Additional features can be added at any time. Monthly feature prices are not prorated. SemoTech. reserves the right to change prices at any time.

Account Cancellation:
You may cancel at anytime, however if cancelation occurs within the period of your yearly agreement your balance on the remaining hosting time time is due.
Phone requests will not constitute acceptance of any cancellation. To cancel your account, please contact Customer Service at support@semotech.com by email, fax or written letter. Notifications of cancellation must be received at least ten business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Client's responsibility to secure email confirmation from SemoTech that their account has been successfully canceled. If the client has not received an email confirmation of account cancellation, then the account remains active, liable, and the Client will continue to be invoiced.

If Client has a balance remaining from the yearly contract at the time of cancellation, this balance must be paid in full. Cancellation does not absolve a Client of any outstanding financial obligations.

Indemnification Policy:
You agree to use all SemoTech. services and facilities at your own risk. SemoTech. specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall SemoTech. be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold SemoTech. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against SemoTech, its agents, its customers, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SemoTech. against liabilities arising out of:

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with a SemoTech. server;
(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 a SemoTech. server.

SemoTech shall be the sole arbitrator of what violates this Policy.

SPAM Policy:
SemoTech. is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the SemoTech. network, by customers or any other users of the SemoTech. network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the SemoTech. server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an SemoTech. email address or web site URL is prohibited. The use of SemoTech servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam will be billed a "clean up" fee of $500.

If you have any complaints or comments regarding Spam on our network, please direct them via email to mailto:abuse@semotech.com

Content Policy:
All services provided by SemoTech. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any English Law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless SemoTech Ltd. from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all SemoTech. servers. This includes sites that may infer sexual content, or links to adult content elsewhere. SemoTech. will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to SemoTech. servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Warez sites
• Illegal MP3's
• Child Pornography

SemoTech. is in the business of providing primary web hosting services both to resellers and for virtual accounts. We do not allow the use of our services to promote the use of other primary web hosting companies who are our direct competitors.

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking may result in your site being suspended without warning. You may be required to pay a re-activation fee of $25.

SemoTech. will be the sole arbiter as to what constitutes a violation of this provision.

Email Policy:
SemoTech. may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 100 email addresses or more than 10 news groups.

CGI Scripts Policy:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other SemoTech. customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed.
Due to continued spamming of Matts formmail script, this is banned from all YourHost Company Hosting servers.


Chat Policy:
SemoTech. does not allow chat rooms. You can however link your site to a chat provider. Some examples of chat providers are: www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com.

Traffic Policy:
SemoTech. allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. SemoTech. customers are discouraged from storing any files that cause excessive traffic on SemoTech. servers. Please contact YourHost Company Hosting. Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to SemoTech. or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $5.00 for each gig of traffic exceeded. You will NOT be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel.


Backups:
Full backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is each clients' responsibility to maintain local copies of their web content and information. The "Backup Manager" tool, accessible from the "Site Management" section in the Control Panel, is included in each hosting plan. All clients MUST use this web tool to fully backup their entire site. If loss of data occurs due to an error of SemoTech, we will attempt to recover the data at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, SemoTech will attempt to recover the data from the most recent client archive for a one-time $150.00 fee.

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