GENERAL TERMS OF SERVICE
Welcome to hom-web.org, owned and produced by Home-Web Designs Web Hosting and Web Site Development Services, and it's subsidiary and affiliate networks (collectively referred to as "Home-Web"). By entering into a use contract with Home-Web and to use any Home-Web Extended Service, you are agreeing to the following Terms of Service. In addition, there are a variety of special Products and Services hosted through Home-Web Designs. that have separate procedures, conditions, terms of service, user agreements, or similar legal agreement. When you are using any Home-Web Designs service or product that does not have a separate legal agreement, the Terms of Service set forth here will apply.
These Terms of Service may be amended from time to time without any notice to yourself. You can view the most current version of the Terms of Service at any time by visiting this page. Please review these Terms of Service from time to time so you will be apprised of any changes.
Home-Web Designs may also offer other services from time to time that may be governed by the terms of service of the respective service partners. Because the Terms of Service contain legal obligations, please read them carefully. Failure to comply will result in account termination and will subject you to further legal liability.Description of the Products and Services
Home-Web entitles users to access to a variety of on-line resources, including personal web page hosting services and interactive on-line services. Home-Web reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services or to change the nature, style, or form of their delivery. Unless explicitly stated otherwise, any new Products or Services, including changes, updates and new versions, shall be subject to these Terms of Service.Acceptance
By using these Products or Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service as they may be amended from time to time, together with any other posted guidelines or rules applicable to any specific Product or Service.
YOUR REGISTRATION OBLIGATIONSCertain Products or Services will require the user to register and provide certain data. In consideration of use of the Product or Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Home-Web has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Home-Web has the right to suspend or terminate your account and refuse any and all current or future use of its servers.
RESPONSIBILITY FOR MINORSIn cases where you have authorized a minor to use the Products or Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products or Services; and (iii) the consequences of any misuse by the minor.
RESPONSIBILITY FOR PASSWORD AND USERNAMEUpon registering, you will receive a password and username. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. You agree to (a) immediately notify Home-Web of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Home-Web cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
RESPONSIBILITY FOR CONTENTYou acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Home-Web Designs, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Products and Services. Home-Web does not control user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. Under no circumstances will Home-Web be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. Home-Web does not, as a general practice, pre-screen user or third party Content posted on the Products and Services, although Home-Web reserves the right to do so.
DISCLAIMER OF WARRANTY"Home-Web Designs" assumes no responsibility for errors or omissions in Documents or other Materials uploaded by its members, employees, agents or other individuals contracted to act on their behalf. Home-Web further does not warrant the accuracy or completeness of the information, text, graphics,links or other items contained within these materials.
"Home-Web Designs" shall not be liable for any special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of our services. The information on this server is subject to change without notice and does not represent a commitment on the part of "Home-Web Designs" in the future.
Home-Web Designs disclaims all warranties or representations, express or implied, oral or written, including, without limitation, warranties of merchantability, and fitness for a particular purpose, title or non-infringement. Home-Web Designs does not warrant that its services are error-free or that they will operate without interruption nor does Home-Web make any warranty with respect to the quality, reliability, or security of the Products and Services under direct client control. With the exception of the existence of any viruses or other destructive elements which are regularly monitored and purged. Home-Web makes no guarantee as to the availability of Products and Services and is not responsible for any loss of information resulting from user deletion of data, network or system outages, file corruption, or any other reasons.
Service Limitations
The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. You may not use the Products and Services to:
(a) Upload, post or otherwise transmit any Content that is, or that promotes behavior that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age;
(c) Harm minors in any way;
(d) Associate Home-Web and any Products and Services with any adult material of any sort. This includes, but is not limited to, such things as nudity, any site, page, image or service requiring any adult verification service, anything that requires users to be 18 or older to view or join or access, and any text, image or likeness suggesting sexual and/or inappropriate and/or illegal acts of any sort. Without limiting the foregoing, you may not use the Products and Services to store, use, contain or display pornography, adult novelties, adult toys, XXX material, escort services, bondage, BDSM, bigotry, racism, hatred, profanity, or any material which may be insulting to another person(s) or entity;
(e) Impersonate any person or entity, including, but not limited to, a Home-Web official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(f) Sell, distribute, or make any commercial use of data obtained from any Products and Services or make any other use of such data in a manner which could be expected to offend the person for whom the data is relevant;
(g) Create and maintain a Home-Web web page that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages;
(h) Use the Products and Services to hyperlink to content not permitted on the Home-Web Network;
(i) Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;
(j) Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market;
(k) Disobey any Home-Web employee or representative or interfere with any action by any Home-Web employee or representative to redress any violation of these Terms of Service;
(l) Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any Home-Web database, including, without limitation, by incorporating data from any Products and Services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise;
(m) Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services;
(n) Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
(o) Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy: Making available copyrighted software or other Content that has had the copyright protection removed. Making available serial numbers for software that can be used to illegally validate or register software. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content. Making available any software files for which the user does not own the copyright or have the legal right to make available;
(p) Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
(q) Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of Home-Web or the party from whom such software may be licensed.
(r) Upload, post or otherwise transmit or provide links to any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(s) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of any Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(t) Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;
(u) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by any Securities and Exchange Commission or similar body, and any regulations having the force of law.
(v) "Stalk" or otherwise harass another;
(w) Collect or store personal data about other users;
(x) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
(y) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
Service and Member Account Upkeep
As the Registered Owners of our services, Home-Web members are required to maintain their Registered Services and keep them within the guidelines set forth here in the Terms of Service. Failure to do so will result in Account Termination, at Home-Web sole discretion.
Use of the Products and Services is subject to compliance with these Terms of Service. You acknowledge and agree that Home-Web may terminate your account and your access to any of the Products and Services, and may remove and discard any Content, without prior notice, should you fail to comply with the Terms of Service or any other guidelines and rules published by Home-Web Designs. Any such termination shall be in Home-Web sole discretion and may occur without any notice.
Home-Web further reserves the right to terminate any user's account or access to the Products and Services for any conduct that Home-Web Designs, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Home-Web or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Home-Web further reserves the right to terminate any user's account if there is no evident activity for a period of 180 days.
Home-Web further reserves the right to terminate any user's account and access to the Products and Services, and to remove and discard any Content, for any reason noted above or for no reason at all, in Home-Web sole discretion, without prior notice, or any notice whatsoever.
In the event Home-Web terminates a user's account for violating the Terms of Service, that user's payment is not refundable.
Usage of Home-Web Servers
Home-Web servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Home-Web Network Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
CPU Usage
Home-Web Members shall not use excessive amounts of CPU processing on any of Bravenet's servers. Any violation of this policy may result in corrective action by Bravenet, including assessment of additional charges, disconnection or discontinuance of any and all Products and Services, termination of this Agreement, as well as the deletion of any Content, which actions may be taken at the sole and absolute discretion of Home-Web Designs. If Home-Web takes any corrective action under this section, the Member shall not be entitled to a refund of any fees paid in advance prior to such action.
Bandwidth and Disk Usage
Within Home-Web.org services, bandwidth limits are calculated on a recurring 30 days basis. Bandwidth cannot be combined with multiple packages. Bandwidth and disk usage shall not exceed the number of megabytes per day for the Services ordered and purchased by the Member. Home-Web will monitor each Member's bandwidth and disk usage. Home-Web shall have the right to take corrective action if any Member's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Home-Web's sole and absolute discretion. If Home-Web takes any corrective action under this section, the Member shall not be entitled to a refund of any fees paid in advance prior to such action.
Bandwidth limits for accounts are structured around a monthly total, but metered on a daily basis to ensure that server resources are equally available to all accounts. Accounts using all of, or more than, their alotted daily bandwidth will be temporarily suspended until 12:01am PST the following day. Daily bandwidth metering begins at 12:01am PST and ends at 11:59pm PST. Bandwidth limits are a combination of both HTTP and FTP traffic.
Service Payments:
We will accept VISA and Mastercard payments and payments made through the PayPal service. Your service(s) will be automatically activated within your account when purchasing using these methods. We also accept International Money Orders and Checks made out to Home-Web Web Services, in US Dollars only. Services purchased through these 2 methods will be activated in your member account once payment has been received and successfully processed. IMPORTANT NOTE: All prices quoted on the Home-Web web site are in US dollars.
Refund Policies
Monthly Hosting package payments are fully refundable up to 7 days from the date of purchase. Notify us in writing, and include a copy of your service contract, within 7 days of the date of purchase and we will provide a full refund of your payment, if applicable. Yearly Hosting package payments are fully refundable up to 30 days from the date of purchase. Notify us in writing, and include a copy of your Service Contract, within 30 days of the date of purchase and we will provide a full refund of your payment.
Professional services payments are fully refundable up to 7 days from the date of purchase. Notify us in writing, and include a copy of your service contract, within 7 days of the date of purchase and we will provide a full refund of your payment, if applicable. Yearly Professional package payments are fully refundable up to 30 days from the date of purchase. Notify us in writing, and include a copy of your service contract, within 30 days of the date of purchase and we will provide a full refund of your payment, if applicable. Partial refunds may result in an administration fee.
Limitation of Warranty
HOME-WEB PROVIDES IT'S SERVICES ON A CONTRACT BASIS. IN AS MUCH, ANY WARRENTY IMPLIED OR BY CONSENT OF THE CONTRACTING PARTIES SHALL BE DELIVERED ON A PER USER BASIS AND BY SEPARATE AGREEMENT EXCEPT WHERE LIMITED BY THESE TERMS OF SERVICE. NO WARRENTY SHALL EXCEED THE TERMS OF SAID CONTRACT OR BE CONSTRUED AS HAVING NO LIMITATIONS OR AS HAVING EXTENUATING FACTORS WHICH MAY BE BEYOND THE ABILITY OF HOME-WEB TO PROVIDE.
BY ENTERING INTO A CLIENT CONTRACT WITH HOME-WEB YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
In some jurisdictions, limitations of warrenty are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL HOME-WEB OR ITS CLIENTS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE PRODUCTS AND SERVICES OR RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF HOME-WEB OR ITS CLIENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES AND THE DELETION OF CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO the PRODUCTS AND SERVICES OR TO HOME-WEB. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT. WITH RESPECT TO PAID MEMBERS, HOM-WEB ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PAID MEMBER'S MOST RECENT FEE PAYMENT. UNDER NO CIRCUMSTANCES SHALL HOME-WEB OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Indemnification
By using the Products and Services you agree to indemnify Home-Web and its officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Products and Services, or from any person's use of any account or password you maintain with any of the Products and Services, regardless of whether such use is authorized by you. By using the Products and Services, you are hereby agreeing to release Home-Web and its officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
Governing Law
This agreement shall be deemed to have been made in the State of New Mexico, United States and the validity, construction, interpretation and enforcement hereof and the rights of the parties hereto shall be determined under, governed by, and construed in accordance with the internal laws of the State of New Mexico without regard to the principles of conflicts of laws. Each party is specifically prohibited from bringing any action arising from or related to this agreement other than in the State of New Mexico unless the said action is for the purpose of enforcing a Judgment already obtained in the State of New Mexico.
Home-Web reserves the right to amend or change these Rules and Regulations at any time and without prior notice.
If you notice a Home-Web Member breaking any of the rules, please notify us via the Email or Message Board systems
Please follow the rules... and enjoy our Services!
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