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Policy and Service Guidelines
We want to provide the best possible service to our customers and to do so, we have to set forth some guidelines for everyone to follow.
In the following terms, we are noted as ScanWareWebHost.com. Even if you place your order by phone, you are bound by these terms and conditions. These terms and conditions override any email, chat session, or contact of any kind with any ScanWareWebHost.com personnel. This Registration Agreement ("Agreement") also sets forth the terms and conditions of your use of ScanWareWebHost.com to register a domain name on the Internet.This Agreement will become effective when accepted by ScanWare Web Host.
Christian Faith
We want you to agree that your site will not have anything on it that contradicts this:
- the Bible is the only authoritative Word of God;
- the only means of being cleansed from sin is through repentance and faith in the precious blood of Jesus Christ, which is essential for personal salvation (and not through our works)
Content:
All services provided by ScanWareWebHost.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal,
State or City 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 ScanWareWebHost.com from any claims resulting from the use of the service which damages the subscriber or any other
party.
Pornography and sex-related merchandising and material is prohibited on all sites
hosted by ScanWareWebHost.com. This includes sites that may infer sexual content, or links to adult content elsewhere. If you host non-adult related content with us and then host adult related sites somewhere else, this is also prohibited and we can not allow someone to host on our server that would host pornography elsewhere. If we find out that you are hosting adult material elsewhere, we will be forced to remove your site (even if it does not have adult material on it) from our servers because we feel that it would be just a matter of time before you would either try to put that on our servers or place a link to it. ScanWareWebHost.com will be the sole arbiter in determining violations of this provision. If pornography is found on our server, the offending domain will be deleted immediately with no warning and no refunds of money will be given.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to ScanWareWebHost.com 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
ScanWareWebHost.com will be the sole arbiter as to what constitutes a violation of this provision.
Your site cannot promote demonic, occult, satanic, new age or anti-Christian values or beliefs; cannot promote pro-choice or pro-abortion views; cannot promote gay or lesbian lifestyle views; cannot promote a
distorted view or faulty interpretation of the Holy Bible (we are not talking about disputes between KJV and NIV, we are talking of obvious misconstruing of God's Word such as saying that Jesus was not God)
Not only can you not have offending material on your sites, but you cannot have links to any sites with offending material on them or material listed above.
If links to any offending sites are found, we will ask you to remove them and if you do not comply, we will then have to remove your account from our server. The above listing is not complete by any means. ScanWareWebHost.com decides what is offending to our family and we want everyone to abide by those rules. ScanWareWebHost.com has the complete right to ask anyone to leave for any offending reason at our discretion. At ScanWareWebHost.com's discretion, access to ScanWareWebHost.com's server (and your account) may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole.
Satisfaction Guaranteed
If you try our service for 30 days, stay within our terms and conditions stated here, and decide that it does not meet your needs within that amount of
time, then all you have to do is cancel your hosting account before the 30th day and you will receive your hosting fee back. This does not include the domain registration fee, though, as that is
non-refundable since we can not get our money back from the registrar. If you have ordered a yearly package and got the free domain for the first year, and you cancel during the first year, you will be charged
$19.00 for your domain and also the domain fee in subsequent years as normal.
E-mail
Spamming, or the sending of unsolicited e-mail or message board posts including, without limitation, commercial advertising and informational announcements, from our server(s) or using an e-mail
address or domain that is maintained on an ScanWareWebHost.com machine as reference in that spam is STRICTLY prohibited.
Domains and sites are subject to being canceled immediately off of our server as well as fined no less than $500 US. A user shall not use another site's mail server to relay mail without the express permission of the site. ScanWareWebHost.com will be the sole arbiter as to what constitutes a violation of these provisions.
Hosting Packages
We reserve the right to change the packages that we offer in any way without prior notice. We normally will send out an announcement when we change things but we reserve the right not to.
Domain Registration
1. Fees
As consideration for the domain name registration services provided by ScanWareWebHost.com, you shall pay all applicable initial registration fees and renewal fees. We register
your new domain through an ICANN approved registrar (BulkRegister.com) and you agree to pay us $19.00 US per year for the total of the years that you are registering upon registration and then you agree to pay
$19.00 US per year after that for every year that you use the domain. You will be notified when renewal fees are due or if you have a hosting package with us, your account will be automatically debited, and it shall
be your responsibility to ensure that such fees are paid. If you do not respond or pay within the specified time period for registrations or renewals after
ordering the domain (even though you ordered it),
the ownership of the domain will transfer to Gene McAvoy of ScanWareWebHost.com and will not be available for purchase. You agree that ScanWareWebHost.com shall have no liability whatsoever with respect to any such cancellation, and that ScanWareWebHost.com may cancel or reassign the domain name in the event of any delinquency or abuse of these terms. We reserve the right to refuse any domain registration request at our discretion. All domain registration fees are non-refundable.
Once the domain is ordered, we can not get your money back if you change your mind.
Just a repeat: If you have ordered a yearly package and got the free domain for the first year, and you cancel during the first year, you will be charged $19.00 for your domain and also the domain fee in
subsequent years as normal.
To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement, the accompanying fee schedule and dispute policy, and any rules or policies that are or may be
published by ScanWareWebHost.com. You acknowledge that ScanWareWebHost.com may modify this Agreement if necessary to comply with its Agreement with the registrar and ICANN, or for any other business purpose.
The free domain offer only applies to new yearly accounts ordering new domains (never before registered).
It can not be applied to your balance if you already have a domain nor can we order a domain for you or credit your account if you decide to upgrade later to yearly or order a domain later. It is only good at the time of ordering your hosting package.
2. Dispute Policy
In applying for a domain name, you warrant that the registration is not made in bad faith and that the name does not conflict with another domain name. You agree to be bound by the current
BulkRegister Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at http://www.bulkregister.com/disputepolicy.html . Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. Bulkregister may modify the Dispute Policy in its sole discretion at any time. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name is challenged by a third party. You also agree that in the event a domain name dispute arises with any third party, you will indemnify, defend and hold ScanWareWebHost.com and Bulkregister harmless.
3. Use of Your Information
As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate.
This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a
registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (iv) the
corresponding names of those
nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address,
voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone
contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois data.
You acknowledge that providing inaccurate information or failing to update
information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name and hosting. If you license use of a domain name to a third party, you remain
responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information.
You acknowledge that ScanWareWebHost.com will make
some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that
relate to the amount and type of information that ScanWareWebHost.com may or must make available to the public or to private entities. ScanWareWebHost.com will not otherwise disclose your information to any third party unless
it is required to maintain your domain name. You may request a copy of your information in ScanWareWebHost.com's possession to review, modify or update such information.
4. Use Policies
ScanWareWebHost.com reserves the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to
either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity. You may not transfer your domain to another registrar within sixty
(60) days of obtaining the domain name through us.
6. Representations and Warranties
You represent and warrant that all information provided by you in connection with your registration is
complete and accurate. ScanWareWebHost.com makes no representation or warranties of any kind in connection with this Agreement. ScanWareWebHost.com does not represent or warrant that registration of your domain name will
immunize you from challenges to your domain name.
7. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be remedied by you within 30 days of
notice by ScanWareWebHost.com. If you fail to cure the breach, ScanWareWebHost.com may revoke your registration of the domain name.
You also agree that ScanWareWebHost.com shall have the right in its sole discretion to
revoke, suspend, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as ScanWareWebHost.com receives a properly authenticated order from a court of
competent jurisdiction, or arbitration award, re-querying the revocation, suspension, transfer or modification of the domain name registration.
Nothing contained in this Policy shall be construed as
creating any agency, partnership, or other form of joint enterprise between the parties. The failure of ScanWareWebHost.com to require your performance of any provision hereof shall not affect the right to require such
performance thereafter; nor shall the waiver by ScanWareWebHost.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Agents.
Client understands, acknowledges and agrees that by using the domain on or any service of ScanWare Web Host, client ratifies and is bound by this Agreement even if an agent (such as a webmaster,
ISP, or employee) entered into this Agreement on Registrant's behalf, and even if Registrant has not itself read this Agreement. Further, Registrant is responsible for all information submitted by its agent.
ScanWare Web Host (ScanWareWebHost.com) will not cancel this Agreement, or refund any fees paid to it, because of errors or omissions of the agent in the registration process (e.g., if such agent provides incorrect
information) or because of errors or omissions in changes to Registrant's client information, without Registrant's actual consent, as such apparent authority will suffice to bind Registrant. By acting on
Registrant's behalf, such agent represents and
warrants to Registrant and ScanWare Web Host (ScanWareWebHost.com) that the agent is authorized to bind Registrant hereto and that it has fully and thoroughly advised Registrant of the terms and conditions of this Agreement.
You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement.
System and Network Security
Violations of the ScanWareWebHost.com system or network security are prohibited, and may result in criminal and civil liability. ScanWareWebHost.com will investigate incidents involving
such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, but not limited to, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express
authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any system or network without express authorization of the owner of the system or network.
- Interference with service to any user including, but not limited to, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
ScanWareWebHost.com reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Age.
The client must be 18 years of age to obtain our hosting services.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of ScanWareWebHost.com is strictly prohibited.
Newsgroups
Posting the same or similar message referencing your domain hosted with us in any way to one or more news groups (excessive cross-posting or multiple-posting, also known as "SPAM") is
explicitly prohibited.
WebCams
Transfer monsters.
We do not allow webcams because they really take tons of transfer and unless you are willing to help us pay for the extra bandwidth, please don't use them. If you must use one and want to help pay for the extra bandwidth please contact us to discuss it first.
Transfer
We reserve the right to ask you to move your domain or upgrade to another server option that suits your needs if your site takes up more than a fair share of the server resources (over 10%). This
can include excessive use of cgi resources, system resources, or excessive use of bandwidth. One way to help is to not allow people to link to your graphics or sound files. That can add up fast and take up your
bandwidth before you know it. We allow bandwidth starting at 1 GB per month, but the load on the server from various applications and cgi processes can also cause big problems and we will address that if needed.
There will not be any surprise bills (unless your site takes up a surprising amount of resources all at once and then we would contact you), but we will ask you to remedy this problem and if it is not possible for
you to do that, you will be expected to upgrade or move. Please read our policy on transfer. It is incorporated into these terms by reference. You must agree to that policy before signing up.
IP numbers
ScanWareWebHost.com maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove
any and all IP numbers and addresses. (you retain the ownership of your domain name and all material owned by you contained in your site, though)
Indemnity
You agree to defend, indemnify and hold harmless ScanWareWebHost.com and any applicable domain name registry, including Bulkregster.com, Alabanza, Network Solutions, Inc., and the directors,
officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or the use
thereof. This indemnification is in addition to any indemnification required under the Dispute Policy. We do not own your domain name nor do we want to
(unless you do not pay for it and we have to transfer the ownership to us - see the section on domain registration above) and we do not claim ownership of your content. It is completely yours. All content on your web site is considered a publication of yours and we are not to be held responsible for anything you present on the web through your domain in any way.
Limitation of Liability
Domain Registration
YOU AGREE THAT ScanWareWebHost.com AND/OR BULKREGISTER WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS
OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO ScanWareWebHost.com/BULKREGISTER'S REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN
YOU AND ScanWareWebHost.com; (e) EVENTS BEYOND ScanWareWebHost.com's CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF
YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, ScanWareWebHost.com OR BULKREGISTER WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ScanWareWebHost.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL ScanWareWebHost.com'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO ScanWareWebHost.com FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS. TO THE EXTENT APPLICABLE STATE DOES NOT ALLOW THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW
Limitation of Liability.
Hosting
ScanWareWebHost.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ScanWareWebHost.com's servers going off-line or being
unavailable for any reason whatsoever. Further, ScanWareWebHost.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web
site from one of ScanWareWebHost.com's servers. All damages shall be limited to the immediate termination of your service. ScanWareWebHost.com will not be held responsible for any problems that a reseller's customer may
have. We will always do our best to keep things running smoothly and to ensure that your web experience is the best.We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or
liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability
resulting from the unauthorized use or misuse of your Account Number, Password or security authentication; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or
service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your Web site;
(8) loss or liability from your
inability to use our mail service; or (9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration fee or reregistration fee
Refusal of Service
ScanWare Web Host shall be the sole arbiter of what is and is not a violation of these acceptable use policies. ScanWare Web Host reserves the right to terminate any account at any time and for any reason. ScanWare Web Host reserves the right to delete all content and files upon termination. ScanWare Web Host reserves the right to
withhold any pre-paid funds for any site removed for violations of these policies. ScanWare Web Host reserves the right to refuse, cancel, or suspend service at our sole discretion.
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. ScanWareWebHost.com may amend or replace
such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of ScanWareWebHost.com as reflected in the original provision.
This Agreement and all rights hereunder shall be governed by the laws of the State of Washington. Any action relating to this Agreement or to your use of the ScanWareWebHost.com site shall be brought exclusively in the
courts of Washington in the USA.
ScanWareWebHost.com reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not
constitute consent.
This Agreement, the ScanWareWebHost.com fee schedule, the hosting terms of use and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement
between you and ScanWareWebHost.com, and supersede and govern all prior proposals, agreements, or other communications.
All Sub-Networks and distributive hosting sites of ScanWareWebHost.com must adhere to the above policies.
Complaints regarding Illegal Use or System or Network Security issues and complaints regarding email abuse or SPAM should be sent to abuse@scanware-fccfrs.net
Failure to follow any term or condition will be grounds for immediate shut down.
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