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Coastal Web Hosting's Terms & Conditions of Service
following terms and conditions (these "Terms") govern the
provision by Coastal Web Hosting ("Company") of the services
and/or products (referred collectively herein as "Services and
Products") described on the Server Order Form ( "Service
Descriptions”) and defined in any of the Company’s product
support listing, to the customer ("Customer") identified on the
Service Descriptions. The Service Descriptions, these Terms and
the attachments and any addenda hereto, executed with respect to
the Services and Products, are referred to herein, collectively,
as this "Agreement."
By submitting the online order form, Customer hereby agrees to the
The term of this agreement, and the provision by the Company of the services
hereunder, is on a month-to-month basis and renewable on
such month-to-month basis unless cancelled earlier by
pursuant to the express terms of this agreement.
Customer agrees to pay
for hosting services in advance of each monthly service term
on the billing date specified in the invoice it receives
from the Company.
Customer agrees to be
bound by the service term selected on the online order form
or via applicable promotional codes.
All set-up fees and
monthly service fees are non-refundable. Customer shall not
be entitled to any refunds, pro-rated or otherwise, in the
event of early termination of this agreement by Company
according to the terms herein.
services may result in disconnection.
Customer must submit
service cancellations by using the support ticket system (http://www.thatonesupport.com) at least 7 days before its next monthly billing cycle.
Company is not responsible for data integrity on equipment reclaimed for non-payment.
residents agree to pay all taxes applicable to your account.
Customer agrees to
adhere to the Company's Acceptable Use Policy, as amended
from time to time by the Company.
Company reserves the
right to terminate service immediately to any subscriber it
deems, in its sole discretion, violates any condition of
service including the Acceptable Use Policy, or Terms of
Services, or for any other reason.
Additionally, in consideration for hosting services to be
delivered, Customer agrees to be bound to the following terms:
agrees to indemnify and hold harmless Company and the employees
and agents of Company (each an "Indemnified Party") against any
losses, claims, damages, liabilities, penalties, actions,
proceedings or judgments (collectively, "Losses") to which an
Indemnified Party may become subject and which Losses arise out
of, or relate to this Agreement or Customer’s use of the
Services and Products, and will reimburse an Indemnified Party
for all legal and other expenses, including reasonable
attorneys’ fees incurred by such Indemnified Party in connection
with investigating, defending or settling any Loss whether or
not in connection with pending or threatened litigation in which
such Indemnified Party is a party.
Limitation on Company Liability
shall not be deemed to be in default of any provision of this
Agreement or be liable for any failure of performance of the
Services and Products to Customer resulting, directly or
indirectly, from any (i) weather conditions, natural disasters
or other acts of God, (ii) action of any governmental or
military authority, (iii) failure caused by telecommunication or
other Internet provider, or (iv) other force or occurrence
beyond its control. The exclusive remedy against Company for any
damages whatsoever to Customer arising out of or related to this
Agreement shall be the refund of the fees paid by Customer to
Company with respect to the then current term of this Agreement.
COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR
LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES
AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS
OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR
SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS
AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED
COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE
FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND
PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT
OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY
ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES
OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE
AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT
HAVING JURISDICTION THEREOF.
otherwise specified herein, any notices or other communications
required or permitted hereunder shall be sufficiently given if
in writing and delivered personally or sent by facsimile
transmission, internationally recognized overnight courier,
registered or certified mail, to the address or facsimile number
of Customer as set forth in the Service Descriptions or Company
as set forth below. Such notices or other communications shall
be deemed received (i) on the date delivered, if delivered
personally, (ii) on the date that return confirmation is
received, if sent by facsimile, (iii) on the business day (or,
if international, on the second business day) after being sent
by an internationally recognized overnight air courier or (iv)
five days after being sent, if sent by first class registered
mail, return receipt requested. Coastal Web Hosting, 605 Ohio Street Suite 415, Terre Haute, IN 47807, Attention Accounting Manager,
Facsimile Number (812) 478-3131.
Agreement shall be governed by and construed in accordance with
the laws of the State of Indiana, without regard to
choice of law provisions that would cause the application of the
law of another jurisdiction.
by either Company or Customer to enforce any of the provisions
of this Agreement or any rights with respect hereto or the
failure to exercise any option provided hereunder shall in no
way be considered to be waiver of such provisions, rights or
options, or to in any way affect the validity of this Agreement.
If one or more of the provisions contained in this Agreement are
found to be invalid, illegal or unenforceable in any respect,
the validity, legality and enforceability of the remaining
provisions shall not be affected. This Agreement may be executed
in any number of counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the
About CWH: Acceptable Use Policy
CWH™ Acceptable Use Policy described below defines the actions
that CWH considers to be abused and strictly prohibited. There
are no exclusions in this listing. Please, be aware that the
actions listed below are also prohibited from other Internet
Presence Providers (IPP’s) and (ISP’s), their users on behalf of
CWH to advertise any service hosted by CWH or connected via the
CWH Network. As defined by the Federal Trade Commission
Deception Policy Statement, such services are not to be
advertised by way of deceptive marketing policies. For
abbreviation purposes, CoastalWebHosting.com will be referred as
CWH and companies or individual account owners using our
services as CUSTOMERS.
The Internet is a global interconnection of multiple networks
that physically exist in multiple counties with diverse laws,
regulations, and orders (“Laws”). For the purposes of this AUP,
terms like “unlawful” or “illegal” apply to Laws globally and
within the framework of applicable governing bodies. It is
Customer’s responsibility to be aware of the Laws that apply to
the use of the Service and to ensure compliance with such Laws.
CWH will cooperate with all court orders, subpoenas, and other
similar government requests ordering CWH to disclose information
about use of the Service. The Service shall not be used to post,
transmit, re-transmit or store material which, in the judgment
Violates local, state, federal, foreign, or international Law; Could be considered threatening, obscene, indecent, defamatory,
threatening or that otherwise could adversely affect any
individual, group or entity (“Person”).
In addition to the other requirements of this AUP, the Service
may be used only in a manner that in CWH’s sole discretion is
consistent the purposes of such Service. Customer should contact
CWH if it is unsure of whether any contemplated use or action is
By way of example, and not limitation, uses described below are
Deceptive or fraudulent practices.
Any activity infringing on the intellectual property rights of
others, including, but not limited to, copyrights, trademarks,
service marks, trade secrets, patents. Actions that restrict or
inhibit any Person, whether a customer, CWH, or otherwise, in
its use or enjoyment of any CWH Service.
System and Network:
The deliberate transmission of computer viruses worms, trojan
software, or other malicious programs.
Interfering with, disrupting, or denying service including, but
is not limited to, using any technique to intentionally degrade
or disable the delivery of any legitimate data (e.g., denial of
Attempting to gain unauthorized entry to any site or network
including but not limited to executing any form of network
probing, monitoring or other information-gathering on someone
else’s site or network.
Attempting to circumvent host or user authentication or other
security measures of any host, network or account.
Maintaining an Open Email Relay/Open Data Relay or allowing any
data to be sent through one’s system by an unrelated third
party, including, but is not limited to, via open email gateways
and open proxy servers.
Sending unsolicited mail messages, including the sending of
“junk mail” or other advertising material to individuals who did
not specifically request such material, who were not previous
customers or with whom the sender did not have an existing
business relationship (“E-mail spam”). CWH reserves the right to
determine in its sole discretion and based on the information
available (1) what constitutes spam as well as (2) what measures
are necessary in response to spamming complaints.
Harassment including, but not limited to, through language,
frequency or size of messages.
Unauthorized use, or forging, of mail header information.
Solicitations of mail for any other E-mail address other than
of the poster’s account or service with the intent to harass or
to collect replies.
Creating or forwarding “chain letters” or other “ schemes” of
Use of unsolicited E-mail originating from within CWH’s network
or networks of other Internet Service Providers on behalf of, or
to advertise any service hosted by CWH, or connected via CWH’s
Posting the same or similar messages to large numbers of Usenet
newsgroup (“Newsgroup spam”).
Posting excessive numbers of identical or similar messages to
any number of Usenet newsgroups from CWH’s network or networks
of other Internet Service Providers on behalf of, to advertise,
any service hosted by CWH, or via CWH’s network.
Posting chain letters of any type.
Posting encoded binary files to newsgroups not named for that
Cancellation or superseding of posts other than your own
Forging of header information of the poster’s account or
Bulk email must provide recipients with an easy and effective
mechanism for removal from bulk email lists. The source of the
addressee’s address must be included in each bulk email message.
Senders of bulk email must take effective steps to confirm that
the actual owner of each email address on a list has agreed to
receive bulk mailings from the sender before sending email to
Service or any portion of Service will not be resold unless
authorized by CWH in an executed wholesale contract.
Customer is responsible for protecting passwords and for any
authorized or unauthorized use of its systems and/or networks.
Customer must provide appropriate protection to prevent minors
(persons under 21 years of age) from accessing any unsuitable
material published via any Service.
Customer is responsible for all content or information residing
on, obtained or transmitted via the Service.
CWH reserves the right, without prior notice, to perform
vulnerability tests on systems residing on IP address space
belonging to CWH which may be allocated for Customer use. The
purpose of such testing includes, but is not limited to, testing
of mail servers or proxy servers for unrestricted third party
relaying. CWH will use commercial reasonable efforts to ensure
that such testing (1) will be non-intrusive in nature, and (2)
will not adversely affect Service provided to Customer or
compromise the security of Customer’s network.
Customer is responsible for correcting any system vulnerability
upon notification. Customer must terminate operations of a known
Service Provided Equipment:
Customer is responsible for any modification of, alteration to,
or other tampering with any hardware provided with the Service.
Violation of this AUP may subject Customer to international,
federal, and/or state civil and/or criminal liability, including
without limitation, California Business & Professional Code
Section 17538.45. Customer activity that facilitates a violation
of this AUP by any party constitutes a violation of this AUP by
Customer. CWH reserves the right immediately and without prior
notice to filter, block, suspend, and /or terminate access to
the Service at any time for any conduct that CWH, in its sole
discretion, determines violates or which may violate this AUP or
is otherwise harmful to CWH’s interests or the interests of
others. If access is terminated, CWH, in its sole discretion,
may refuse to accept all new e-mail sent to the terminated
e-mail address and delete Customer’s data stored on Service.