A. CountyStart Networks Web Hosting Customer Restrictions
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade to a higher level of service if available. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to CountyStart Network's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a CountyStart Networks server, and selling or distributing software (on a web site residing on a CountyStart Networks server) that facilitates spamming. Violators will be assessed a minimum fine of $100 and will face immediate suspension. CountyStart Networks reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. CountyStart Networks does not permit CGI script sharing with domains not hosted by CountyStart Networks or any scripts that may be abused for Unsolicited Commercial E-mail purposes.
CountyStart Networks does not allow Web Hosting customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option.
Internet Relay Chat
CountyStart Networks does not allow Internet Relay Chat or Internet Relay Chat bots to be operated by Web Hosting customers.
CountyStart Networks Web Hosting accounts are not configured for the purposes of distributing software and/or multimedia products through file downloads.
Multimedia files are defined as any graphics, audio, and video files. CountyStart Networks Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.
Each web hosting client of CountyStart Networks will be given the opportunity to have 1 unique database with availablity to unlimited tables.
CountyStart Networks Services
CountyStart Networks's services include, but are not limited to:
any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that CountyStart Networks provides to customers); any use by customers, or any access provided to customers by CountyStart Networks, of computing, telecommunications, software, information, hardware, and equipment; any act, or provision of any service, by CountyStart Networks to customers, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not; any provision by CountyStart Networks to customers, of any space, Internet connectivity, or electrical power; any access or use related to the CountyStart Networks's web site, including the web site itself; any other service mentioned in the TOU;
any other service provided by CountyStart Networks to customers, whether used or not; any other CountyStart Networks services that are used by customers, whether offered or provided by CountyStart Networks to customers.
Ownership of Web Site
The legal owner of customers' web sites and accounts with CountyStart Networks will be the individual or organization whose name is listed in CountyStart Networks's database as the owner. Customers will fully cooperate with and abide by any and all of CountyStart Networks's security measures and procedures in the event of any dispute over ownership of customers' web sites and accounts with CountyStart Networks.
CountyStart Networks 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, or that may directly facilitate the violation of any particular 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. Additionally, in purchasing CountyStart Networks services, all CountyStart Networks customers certify that they and/or the organization they represent in procuring services from CountyStart Networks are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation 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; interference with service to any user, host or network including, without limitation, mail bombing, 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 email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of CountyStart Networks's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use CountyStart Networks services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All CountyStart Networks customers are subject to the requirements of the DMCA.
Pornography and sex-related merchandising are prohibited on CountyStart Networks servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
The use of CountyStart Networks's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. CountyStart Networks is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
CountyStart Networks is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, CountyStart Networks urges its customers to assume that all of their on-line communications are insecure. CountyStart Networks cannot take any responsibility for the security of information transmitted over CountyStart Networks facilities. Additional details on privacy and CountyStart Networks's use of customer information can be found in CountyStart Network's Privacy Statement.
Customers are required to use the CountyStart Networks network responsibly. This includes respecting the other customers of CountyStart Networks. CountyStart Networks reserves the right to suspend and/or cancel service with any customer who uses the CountyStart Networks network in such a way that adversely affects other CountyStart Networks customers. While CountyStart Networks may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, CountyStart Networks does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when CountyStart Networks becomes aware of any violation of the TOU or other user agreements, CountyStart Networks may take any action to stop or correct such violation, including, but not limited to, denying access to CountyStart Network's services and equipment or to the Internet. In addition, CountyStart Networks may take action against a customer or a customer of such customer because of the activities of such customer. CountyStart Networks anticipates that customers who offer Internet services will cooperate with CountyStart Networks in any corrective or preventive action that CountyStart Networks deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of CountyStart Networks policy and CountyStart Networks reserves the right to take any such action even though such action may affect other customers of the CountyStart Networks customer.
Actions Taken by CountyStart Networks
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. CountyStart Networks will be the sole arbiter as to what constitutes a violation of the TOU. CountyStart Networks reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When CountyStart Networks becomes aware of an alleged violation of its TOU, CountyStart Networks will initiate an investigation. During the investigation, CountyStart Networks may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, CountyStart Networks may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, CountyStart Networks will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. CountyStart Networks does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by CountyStart Networks.
CountyStart Networks customers agree to protect, defend, hold harmless, and indemnify CountyStart Networks, any third party entity related to CountyStart Networks (including, without limitation, third party vendors), and CountyStart Networks owners and families, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of CountyStart Networks services.
The CountyStart Networks service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. CountyStart Networks expressly disclaims any representation or warranty that the CountyStart Networks service will be error-free, secure or uninterrupted. No oral advice or written information given by CountyStart Networks, its owners, licensors or the like, will create a warranty; nor may you rely on any such information or advice. CountyStart Networks and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, CountyStart Networks may immediately terminate provision of CountyStart Networks services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against CountyStart Networks in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL COUNTYSTART NETWORKS (INCLUDING, WITHOUT LIMITATION, COUNTYSTART NETWORKS OWNERS OR FAMILIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING COUNTYSTART NETWORKS SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR COUNTYSTART NETWORKS SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY COUNTYSTART NETWORKS SERVICES EVEN IF COUNTYSTART NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COUNTYSTART NETWORKS TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR COUNTYSTART NETWORKS SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY COUNTYSTART NETWORKS OR COUNTYSTART NETWORKS REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
CountyStart Networks may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with CountyStart Networks services. Certain changes to CountyStart Networks services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and CountyStart Networks is not liable, for any and all such personalized applications and content, except as expressly agreed to by CountyStart Networks.
Backup of Data
Except where CountyStart Networks has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and CountyStart Networks is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with CountyStart Networks services. If a client requires CountyStart Networks to maintain a backup of their data, then $3.95 a month will be charged to the client requiring backups.
Third Party Licenses
CountyStart Networks makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, CountyStart Networks makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, CountyStart Networks specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold CountyStart Networks liable in any way for the revocation of any license, which has been licensed to CountyStart Networks. The use of the Technologies obtained from or through CountyStart Networks, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Non-CountyStart Networks Products
Any mention of non-CountyStart Networks products by CountyStart Networks, its owners, or any third party entity related to CountyStart Networks is for information purposes only and does not constitute an endorsement or recommendation by CountyStart Networks. CountyStart Networks disclaims any and all liabilities for any representation or warranty made by the vendors of such non-CountyStart Networks products or services.
CountyStart Networks Intellectual Property
Customers will not, without CountyStart Networks's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on CountyStart Networks web site, and customers will not use any of CountyStart Networks's trademarks, service marks, copyrighted materials, or other intellectual property without CountyStart Networks express written consent. Customers will not, in any way, misrepresent their relationship with CountyStart Networks, attempt to pass themselves off as CountyStart Networks, or claim that customers are CountyStart Networks.
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for CountyStart Networks services, either in whole or in part, without the prior written consent of CountyStart Networks.
Minimum Age Requirement
CountyStart Networks customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a CountyStart Networks customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for CountyStart Networks services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains CountyStart Networks express written consent to the contrary. Any acceptance of the TOU or any other agreement for CountyStart Networks services will be deemed null and void to the extent that CountyStart Networks will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of CountyStart Networks services.
Governing Law and Severability
The TOU, and any other agreement for CountyStart Networks services, will be governed by and construed in accordance with the laws of the State of Ohio, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and CountyStart Networks will take place in Ohio, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other CountyStart Networks agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
CountyStart Networks will not be liable for delays in its performance of the TOU or CountyStart Networks services caused by circumstances beyond CountyStart Networks's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). CountyStart Networks will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Waiver and Amendment any waiver, modification, or amendment of any provision of the TOU or other agreement for CountyStart Networks services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of CountyStart Networks.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between CountyStart Networks and its customers. Each of CountyStart Networks and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for CountyStart Networks services, constitutes the complete understanding and agreement between CountyStart Networks and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of CountyStart Networks, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for CountyStart Networks services is between CountyStart Networks and its customers only and will not confer any rights in any third party except as otherwise expressly provided by CountyStart Networks.
C. All CountyStart Networks Customer Billing Policy
All charges are shown in US Dollars. Payments are to be made in US dollars. CountyStart Networks accepts the following types of payment:
- Check / Money Order / Certified Check
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. CountyStart Networks will send out an invoice that is due by the stated Due Date, otherwise the client's account may be suspended.
Customers agree to make payment of their balance due within fourteen (14) days of the Account Statement Date.
Accounts that are past due by the end of the billing month will be automatically suspended.
Billing Cycles (Terms)
CountyStart Networks offers only one Billing Cycle (terms) for domain, hosting or advertising charges: Yearly (12 months). The Billing Cycle begins on the Plan Activation Date.
All additional features added to an account are charged annual. Additional items are non-refundable. Additional items added at a different billing period is active from that point until the year following. This process could enable the customer to have several different billing periods.
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
CountyStart Networks will mail paper invoices or statements to customers electing to pay by check, money order or certified check. Sometimes, CountyStart Networks may choose to send an invoice by PDF via email to speed up a payment that is just beginning an account, or one that is on the verge of being late.
Returned (NSF) Checks
CountyStart Networks charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact CountyStart Networks, Monday through Friday, 9:00 A.M. to 5:00 P.M. Eastern Time, at (937) 548-9900. CountyStart Networks will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 10 days of service.
Cancellation requests must be received by CountyStart Networks a minimum of thirty (30) days prior to the end of your Billing Cycle for your domain name or hosting plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by CountyStart Networks.
CountyStart Networks does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to CountyStart Networks services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. CountyStart Networks, LLC reserves the right to cancel any account, at any time, without notice, for any reason CountyStart Networks, LLC considers appropriate.
10 Day Money Back Guarantee
Each of CountyStart Networks advertising and hosting plans carries a 10-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 10 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 10 Day Money Back Guarantee: domain name registration.
Refunds are only available in accordance with the 10 Day Money Back Guarantee. There are no refunds offered or promised after 10 days.
CountyStart Networks policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.