Terms of Service Agreement
last updated July 22, 2009
Our Terms of Service Agreement may be changed, updated, or revised periodically. The most current version can always be found at http://www.hausinteractive.com/terms.php. Changes to the Terms of Service Agreement (Agreement) take effect immediately.
Haus Interactive, LLC provides internet web hosting and design services and maintains dedicated servers and other equipment which are integrated with the internet. These servers send and receive data from the internet. Customers utilize these resources to establish their presence on the internet.
The Customer is responsible for making payments according to the terms set forth at the inception of their account.
The Customer will continue to be billed until their account is closed either by the client in the form of a 30-day written notice or by Haus Interactive, LLC due to violating the terms of these Terms of Service. Charges are not pro-rated when an account is cancelled. As long as the cancellation form is completed prior to the first of the next month, the customer will not be billed beyond the current month. A US$10 service fee will apply to all bounced checks. Haus Interactive, LLC will not deactivate hosting for a domain without a written notice of intentions to cancel service. The customer is liable for all services rendered and billed up until the time that the account is cancelled. 12 month pre-payments are non-refundable after 30 days.
By consenting to the Agreement, the Customer acknowledges that Haus Interactive, LLC makes absolutely no express or implied Warranties. As a result, the Customer agrees that Haus Interactive, LLC shall not be liable for any claims, damages, or loss of profit which may be suffered by the Customer or any other party for damages arising out of, or in relation to, the services provided herein, including, but not limited to, losses or damages resulting from the loss or interruption of data.
The utilization of any server space or data received by the Customer from the utilization of the service to be provided by Haus Interactive, LLC is at the Customer's sole and absolute risk. Haus Interactive, LLC specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of information obtained through the services to be provided hereby. As a precaution to data loss, Haus Interactive, LLC runs a redundant array of independent disks (or RAID) and also backs up user data nightly.
5. DOMAIN NAME REGISTRY
If the Customer is using Haus Interactive, LLC to park a page, the Customer is solely responsible for the registration of the domain name in any online of offline directories, membership or registration lists, or the release of the domain name to services such as newsgroups, or internet search engines.
6. RESTRICTIVE USE
The Customer may only use Haus Interactive, LLC's services for lawful purposes. If at any time Haus Interactive, LLC believes that the service is being used by the Customer is in infringement with any of the terms and provisions contained in this Agreement, Haus Interactive, LLC has the right to immediately discontinue said service without liability other than to refund any prepaid fees for undelivered services. The following are restricted uses and shall be cause for the immediate termination of services and accounts:
a.) We do not host adult websites. We do allow erotic photography, videos, audio files, art or the sale of adult materials through our services. The Customer is responsible for making sure that proper warnings and disclaimers concerning the contents of any web pages are provided to the public.
b.) Unauthorized distribution or copying copyrighted software and files, violation of US export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities. Haus Interactive, LLC reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
c.) Haus Interactive, LLC is not liable for legal action taken against Customer sites that have content featuring nudity and/or of a sexual nature.
d.) Defamatory, libelous, slanderous, scandalous, or private information about a third party without their consent.
e). "Spamming" is a violation of State and Federal Law and this User Agreement. This includes referencing domains hosted on Haus Interactive, LLC servers in said spam. Haus Interactive, LLC reserves the right to report "Spammers" to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. In addition, Haus Interactive, LLC reserves the right to charge one dollar (US$1.00) per email recipient for any such activity.
f.) The violation or infringement of another party's copyright, patent, intellectual rights, or other exclusive rights granted by national or international authorities.
g.) Hacking, cracking or otherwise attempting to enter, alter, or manipulate a site owned by a third party. Haus Interactive, LLC reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
h.) Failure to pay on a monthly, or pre-paid basis, as dictated in the individual User Agreement.
Haus Interactive, LLC reserves the right to amend or alter these terms without prior notice or warning. If you are not sure how we would classify your site, then contact us and we'll let you know if it is the type of site that we can host.
Any other misuses of the system resources, such as employing scripts or programs which consume excessive CPU time or storage space, permitting use of mailservers, mail forwarding capabilities, POP or IMAP accounts, file managers, autoresponders or resale/outsource of access to CGI scripts installed on our servers. CGI scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
A US$25 service fee will apply to each credit card chargeback (multiple chargebacks will each be billed US$25 each). If a customer initiates a chargeback, then their account will be immediately suspended and the suspension will only be removed once the chargeback is reversed by the customer or the charges paid in full, including any chargeback fees.
If Customer does not remit full payment for hosting services rendered within 60 days of the date posted on invoices issued, Haus Interactive, LLC reserves the right to suspend hosting services under the Terms of Service until full payment is received.
Haus Interactive, LLC reserves the right to apply a late fee equaling US$10 for each month payment is late.
Haus Interactive, LLC shall not be liable for any claims, damages, or loss of profit which may be suffered by the Customer or any other party for damages arising out of, or in relation to the suspension of Customer's account due to overdue or late payment for hosting services or due to violation of the terms outlined in section 6 "Restrictive Use"
Haus Interactive, LLC shall be indemnified and held harmless from all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against the Customer for web content that violates any international, national, or local law, including material which may be scandalous, libelous, illicit, or in violation of copyright or patent. Said content is the sole responsibility of the Customer.
9. AGREEMENT AND ENTIRE UNDERSTANDING
This document constitutes the entire Agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
The parties hereto are independent entities and nothing contained in this Agreement shall be construed to constitute Customer ie: an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.
11. GOVERNING LAW
This Agreement shall be governed by the laws of the State of New York in the United States of America. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in King's County, New York. If any actions of litigation are brought to enforce or interpret the provisions of this Agreement, the prevailing party in said litigation shall be entitled to all reasonable costs to include attorney fees.
In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.
The Customer acknowledges that any information not previously disclosed to the public, to include but not be limited to computer programs, web design, source code, and images are the property of Haus Interactive, LLC and may not be utilized or released without the express written permission of Haus Interactive, LLC.
The format, words and phrases used herein shall have the meaning generally understood in the telecommunications/software/internet industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto. By placing an order telephonically, in writing and/or electronically.