The following terms and conditions contained in this section apply where you authorize and direct Fins and Fur to host your web site on Fins and Fur's web hosting servers ("Web Hosting"). You agree to pay any and all fees to Fins and Fur as set forth on our web site.
You must: (a) provide all equipment, including a computer, modem, and any other equipment necessary to establish a connection to the Internet; and (b) provide for your own connection to the Internet and pay any telephone or Internet service fees associated with such connection.
You understand and agree that, if you transfer your Web Hosting Service to a third party in conjunction with a live web site, or for any other reason, or allow your domain name registration to expire, you will no longer be able to use and/or access your web site, Web Hosting Service, related email service and/or any related data or messages.
You may not exceed the storage, megabytes, and/or bandwidth limitations applicable to the particular Web Hosting Service purchased by you as specified on our web site at the time of your purchase, or as subsequently modified by Fins and Fur pursuant to this Agreement. If you exceed the applicable storage, megabytes, and/or bandwidth limitations, Fins and Fur reserves the right in its sole discretion to either (A) charge, and you agree to pay, an additional fee as described on our web site for each megabyte of usage, or portion thereof, that exceeds the usage limitations set forth above, or (B) terminate or suspend your Web Hosting Service and this Agreement.
1. RESTRICTIONS ON USE.
You agree to assume full and complete responsibility for, and agree that Fins and Fur shall have no responsibility or liability for, providing, updating, uploading, controlling and/or maintaining your web site and its content, including but not limited to any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your web site, as well as any domain names registered in connection with the Web Hosting Services ("Content"). You further agree to assume full and complete responsibility for, and agree that Fins and Fur shall have no responsibility or liability for, your end users' content and all activities on your web site.
You expressly agree that hosting your web site and your Content on Fins and Fur hosting servers does not constitute an infringement of any intellectual property rights of you or of any third party.
You agree not to exceed the bandwidth or storage space limits applicable to the Web Hosting services purchased, as set forth on our web site. You agree that if you do exceed any such limits, Fins and Fur, in its sole discretion, may immediately take corrective action, including but not limited to assessment of additional fees and/or suspension or termination of your Web Hosting services or customer account.
2. INTERRUPTION OF WEB HOSTING SERVICES.
In the event that Fins and Fur refuses your request for Web Hosting Service or cancels a pending or existing order for Web Hosting Service within the first fifteen (15) days of purchase of such service, you may receive, at Fins and Fur's sole discretion, an account credit or refund of any applicable fee(s) you have paid to Fins and Fur in connection with the service being refused or canceled.
If for any reason you are completely dissatisfied with the service Fins and Fur is providing within the first 30 days of initial sign, Fins and Fur will reimburse all package funds paid at sign up.
You further agree that Fins and Fur, in its sole discretion and without liability to you for any resulting loss or damages, may take immediate corrective action, including, but not limited to, removal of all or a portion of your Content and/or deletion, suspension, cancellation, termination, or other interruption of Web Hosting services or your customer account with Fins and Fur, at any time during the term of this Agreement, in the event of notice of any possible violation of this Agreement by you or your end users, or if such service or account is used in association with morally objectionable activities, or for any reason whatsoever. In such cases, any and all fees paid to Fins and Fur shall be non-refundable and ineligible for account credit. You understand and agree that, if you elect to transfer services to a third party, any and all fees to Fins and Fur shall be non-refundable and ineligible for account credit.
3. ADDITIONAL WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY.
Fins and Fur IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA, AND THE TRUTH, ACCURACY, AND LEGALITY OF SUCH DATA, TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR END USERS VIA THE SERVICES PROVIDED BY Fins and Fur. YOU AGREE THAT Fins and Fur SHALL HAVE NO LIABILITY TO YOU OR YOUR END USERS DUE TO ANY CORRECTIVE ACTION TAKEN BY Fins and Fur IN RESPONSE TO YOU OR YOUR END USERS' ACTIONS OR FAILURES TO ACT.
You understand and agree that Fins and Fur shall have no obligation to back-up any data related to your web site or its Content.
You agree that, from time to time, the Web Hosting Service may be inaccessible or inoperable for any reason, including but not limited to: (i) periodic maintenance procedures or repairs; (ii) equipment failures and malfunctions; or, (iii) causes beyond Fins and Fur's control or which are not reasonably foreseeable by Fins and Fur, including, without limitation, interruption or failure of telecommunication or digital transmission connections, hostile network attacks, network traffic and congestion, or other failures. You agree that Fins and Fur shall not be liable to you or your end users for any such periods of inaccessibility or inoperability under this provision.