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Palmary Web Hosting Terms of Use Agreement

Palmary Web Hosting Terms of Use Agreement

In General
This agreement is for our Web Hosting Services.

Palmary Solutions Company Limited (Palmary) wishes to provide our customers with a positive web hosting experience. To accomplish this, all customers need to follow the same rules and guidelines. These policies are intended to maintain Palmary’s high quality level of services and make them available to all our customers on a fair, consistent and efficient basis.

By accepting web hosting services from Palmary, you acknowledge your acceptance to be bound by these terms and conditions. If you do not agree to these terms and conditions, please follow the steps described in Cancellation of Service below.

Web Site Content
Our web sites may be used for lawful purposes only. While using Palmary’s Services, you may have access to services that allow you to send or post materials (“content") and make that content available to others. You must not submit, publish, or display on our Network any defamatory, illegal, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content in violation of any Hong Kong laws, US laws, Federal, state or local. You are solely responsible for the content you make accessible while using Palmary’s servers and networks. You may not use the service to assist any other person or entity to violate any Hong Kong laws, US laws, Federal, state , local laws, ordinances, or regulations.

Palmary is not obligated to monitor the network for the purpose of examining customer’s content. You hereby acknowledge that if we are made aware of content that is determined to be, in Palmary’s sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Palmary has the right, but not the obligation, to edit, remove or deny access to such content. Palmary may disclose any content or records concerning customer’s account as required to satisfy any legal requirement, regulation, government request or court order.

Pornography and sex-related merchandising are expressly prohibited on Palmary servers. This includes implying sexual content, display of nudity, or any link to adult content anywhere else. This is also true for sites that promote illegal activity of any type or content that may be damaging to Palmary’s servers or any other servers on the Internet. Links to such materials are also prohibited. In addition, the sale of or promoting bulk email services are not allowed. Non-acceptable content or links include but are not necessarily be limited to:

Adult Content Sites – Any erotic or pornographic material, links to adult sites, or advertisements for adult sites. Pirated Software Sites (Warez) – Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3). Copyright Violations – Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer. Hacking/Phreaking – Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers.

System Security
Customers may not use the Palmary Networks to attempt in any way to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing any data not intended for the customer, logging into any server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Masscot Internet will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Use of CGI Scripts
Palmary accounts come equipped with a pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. If any CGI-scripts are deemed to be adversely affecting the server performance or the network integrity, they may be shut down without prior notice. CGI-script sharing with domains not hosted by Masscot Internet is not allowed.

Chat Rooms & Conferencing
Palmary prohibits its customers from installing outside chat rooms on their domain, without the express written permission of Palmary as these tend to be a resource problem.

Internet Relay Chat
Palmary currently prohibits its customers from operating IRC or IRC Bots on any of our web site hosting servers.

Excessive Resource Usage
Any web site that uses an excessively high amount of server resources including but not limited to CPU time, memory, and network bandwidth will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

Programs Running in Background
Background programs are prohibited unless prior approval is received from Palmary. Palmary will consider requests on a one for one basis. approved, extra charges will be assessed based on resource requirements or system maintenance.

Spamming Not Permitted
You must not use any Palmary Network, Palmary’s equipment or any Palmary email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This shall include the sending of unsolicited mass mailings from any other service that in any way implicates the use of the Palmary Network, Palmary equipment or any Palmary email address. A message is considered to be unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. Simply making one’s email address accessible to the public will not constitute a request or invitation to receive messages, for purposes of enforcing this provision.

When any customer is found to have been engaged in spamming in violation of this agreement, Palmary reserves the right to disable that customer’s web site without warning. In addition, Palmary may impose a $2000 penalty for each spam policy violation. Palmary solely reserves the right to refuse or cancel service to spammers. Palmary reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Obscenity
Violation of indecency and/or obscenity laws is not permitted on Palmary’s networks and can result in criminal penalties.

Copyrights and Infringement
Material available to you when using Palmary’s services may be subject to protection under the Hong Kong, United States or other copyright laws, or laws protecting trademarks, trade secrets and/or proprietary information. Except when expressly permitted by the owner of such copyrights, you must not use the Palmary Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, that you access or receive through the Palmary Network. If you use a domain name in connection with the Palmary Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation Prohibited
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service
Palmary reserves the right at its sole discretion to refuse or cancel service. Violation of any of Palmary’s Rules and Regulations could result in a warning, suspension, or possible account termination.

Cancellation of Service
To cancel services, you must email info@palmary.com.hk from an email address furnished by you when ordering your site. Optionally, fax the notice to +852 23427973, including your domain name (s) email address, for the web site you want to cancel.

Palmary to be Held Harmless
Customer agrees that it will protect, indemnify, save and hold Palmary, harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against Palmary, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it’s customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Palmary harmless against liabilities arising out of;

  1. any injury to person or property caused by any products sold or distributed in association with Palmary’s Services;
  2. any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party;
  3. copyright violation and any defective products sold to a customer from Palmary’s Services.

Disclaimer
Palmary will not be responsible for any damages your business may suffer. Palmary makes no warranties of any kind, expressed or implied for services we provide. Palmary disclaims any warranty or merchantability or fitness for a particular purpose. This includes data loss resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions of any kind caused by Palmary and its employees. Palmary reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

Palmary furthermore expects that its customers who resell our Internet services to others will fully comply with all applicable laws concerning the privacy of on-line communications. A customer’s failure to comply with those laws will violate this policy. Finally, Palmary wishes to emphasize that in accepting services, customers indemnify Palmary for the violation of any law or Palmary policy, that results in loss to Palmary or the bringing of any claim against Palmary. This means that if Palmary is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Palmary, plus costs and reasonable attorneys’ fees.

Should any portion of this Terms of Use Agreement be found to be in violation of any law in any locality, then this agreement shall be deemed to be modified only to the extent necessary to be considered legal and enforcable in such locality only.

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