Godzillaserver Inc. Privacy PolicyGODZILLASERVER.COM Terms Of Use THIS AGREEMENT DESCRIBES THE TERMS ON WHICH GODZILLASERVER.COM, INC. OFFERS YOU ACCESS TO OUR SERVICES. IF YOU SIGN UP WITH GODZILLASERVER, YOU CHOOSE TO ACCEPT THE TERMS AND CONDITIONS IN THIS AGREEMENT. We may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall be immediately effective after they have been posted on our site. OVERVIEW OF KEY TERMS AND CONDITIONS: * NO SPAMMING! No Unsolicited or Commercial Bulk E-mail! IF YOU SEND UNSOLICITED E-mail PROMOTING YOUR SITE, BUSINESS OR "OPPORTUNITY", YOUR DOT COM SITE WILL BE DELETED WITHOUT WARNING!!! * No use of DOT com auto-responders for any other bulk e-mail promotions. * No pornography or nudity of any kind will be tolerated. * No reselling to others your website space that you paid for. * No illegal activities that violate state or federal laws, ordinances, regulations or the Agreement. 1. Introduction. Godzillaserver.com and its affiliates provide to business and consumer users several information technology-related services, including such services as: electronic mail (e-mail), packages and services, World Wide Web website hosting arrangements, and other online and Internet-related services. The Agreement provides the terms and conditions governing the services provided by and use of the Godzillaserver.com website (the "SITE"). The SITE provides registered Users (each a "User") with a package of content and services, which may, in our sole discretion, be supplemented, deleted or otherwise altered at any time. By registering as a User, you agree to use the SITE in accordance with the terms discussed below. 2. Registration of Members. Some Godzillaserver.com services provided on this SITE are available at no charge, exclusive of other Internet or other telecommunications fee. The SITE does not discriminate on the basis of age, gender, or ethnicity. If the services provided by Godzillaserver.com become available by subscription only, or features of the SITE become available for a fee, the SITE may provide Users with a new Terms of Service and Use Agreement, and Users will have the opportunity to review and accept the new terms at that time. 4. INDIVIDUAL USERS ARE RESPONSIBLE FOR MONITORING AND CREATING BACKUPS OF THEIR WEBSITES. 5. System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the SITE or any use being conducted on the SITE. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. This includes the storage of large files (.zip, .exe, .mp3, etc.) and/or heavy downloading of files. 6. The SITE is not responsible for the content of any homepage, and the views expressed are the responsibility of the User and not the SITE. The SITE does not review webpages in any way before they appear on the SITE, or regularly monitor the webpages once they are created. You must abide by any policies posted on Godzillaserver.com website. Godzillaserver.com provides no assistance, including the review, removal or editing of content posted on, or any customer support for the use of, the Godzillaserver.com website. 8. Prohibited Actions and Content. The following is a non-exclusive list of actions and content that are not permitted on the SITE or through any service provided by Godzillaserver.com: (a) Posting any single article or advertisement to more than ten (10) Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists; (b) Posting to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are not relevant to, or otherwise suitable for, the charter or other owner-published FAQ or description of such group or list; (c) Sending unsolicited mass e-mailings to more than twenty-five (25) e-mail users; (d) Falsifying user information provided to Godzillaserver.com or to other users of the service in connection with use of a Godzillaserver.com service; (e) Using the Godzillaserver.com name, or your Godzillaserver.com e-mail address (whether as a Reply to: and as the From: Header), or advertising your Godzillaserver.com website via Unsolicited Commercial Bulk e-mail as defined above. (f) Using copyrighted or trademarked material in any manner without the express permission of the author or owner. (g) Creating content that includes nudity or exploits the images of children under 18 years of age, or is grossly offensive to the SITE community, including clear expressions of bigotry, racism, or hatred, or that defames, abuses or threatens others. (h) Promoting illegal activity. (i) Creating content that is inconsistent with the values of the spirit of the SITE community. (j) Using a FREE webpage as storage for remote loading. (k) Engaging in any of the foregoing activities using the service of another provider, but channeling such activities through a Godzillaserver.com account or a remailer, or using a Godzillaserver.com account as a maildrop for responses; Godzillaserver.com CONSIDERS THE ABOVE-LISTED PRACTICES TO CONSTITUTE ABUSES OF OUR SERVICE AND OF THE RECIPIENTS OF SUCH MAILINGS AND/OR POSTINGS. THEREFORE, THESE PRACTICES ARE STRICTLY PROHIBITED, AND ENGAGING IN ONE OR MORE OF THESE PRACTICES WILL RESULT IN IMMEDIATE TERMINATION OF THE OFFENDER'S ACCOUNT AND ACCESS TO Godzillaserver.com SERVICES. Because of Godzillaserver.com's potential liability for damages resulting from spamming or other conduct in violation of the Agreement, Godzillaserver.com reserves the right to implement technical mechanisms and software programs which block multiple postings or other improper e-mail before they are forwarded. Implementation of such mechanisms will in no event impose a duty upon Godzillaserver.com to monitor postings and e-mail. Nothing contained in the Agreement shall be construed to limit in any way the actions or remedies which Godzillaserver.com may take with respect to any of the foregoing conduct. Godzillaserver.com reserves the right to take any and all additional actions at law or in equity which it may deem appropriate with respect to such conduct, including, without limitation, seeking to recover out-of-pocket costs and related labor hour expenses of identifying offenders and terminating their accounts with Godzillaserver.com. 9. Privacy. Our then current privacy policies, available at http://www.Godzillaserver.com, are incorporated herein by reference. 10. Copyrighted Material. All material on the SITE, including, without limitation, text, software, photos, video, graphics, music and sound, is protected by U.S. and international copyright laws, both as individual works and as a collection. The downloading or use of copyrighted material provided by the SITE or a third-party content provider is allowed by Users for personal use. Users may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise. Any material protected by copyright may not be placed on the SITE or a FREE webpage without the express permission of the author or owner of the copyright of that material. 11. Limitations of Liability; No Warranty. WE AND OUR SUPPLIERS PROVIDE THE Godzillaserver.com WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, NEITHER THE SITE NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE. IN NO EVENT SHALL Godzillaserver.com BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL, DAMAGES (INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. THE LIABILITY OF Godzillaserver.com TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF FEES YOU HAVE PAID TO Godzillaserver.com WITHIN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE ACTION GIVING RISE TO THE ALLEGED LIABILITY, AND (B) $100. The User specifically agrees that the neither the SITE or third-party content providers are not liable for any conduct by Users associated with the SITE, including, but not limited to, FREE webpages. THE SITE AND THIRD-PARTY CONTENT PROVIDERS MAKE NO GUARANTEE OF THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF ANY INFORMATION ON THE SITE AND ARE NOT RESPONSIBLE FOR (I) ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF SUCH INFORMATION; (II) ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT OR SERVICES CONTAINED WITHIN THE SITE; OR (III) LOSSES OR DAMAGES, WHETHER ACTUAL OR CONSEQUENTIAL, ARISING FROM THE USE OF THE CONTENT OR SERVICES PROVIDED BY THE SITE. 12. Indemnity. A User agrees to indemnify the SITE and any third-party information provider against any and all claims and expenses, including attorneys' fees, arising from the User's use of the SITE. This expressly includes: (i) User's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and (ii) any libelous or unlawful material contained within User's webpage. 13. Termination of Service. The SITE may terminate any and all information, communications, postings, or webpages at any time, without notice, for conduct that violates the Agreement or other policies or guidelines set out by Godzillaserver.com elsewhere on the SITE as may be modified from time to time. The SITE may terminate and delete any and all information, communications, postings, or webpages for online conduct that the SITE believes is harmful to other Users, the business of the Godzillaserver.com, or other third-party information providers. Godzillaserver regularly checks the whois database to make sure the customers domain name hosted on Godzillaserver points to our NS1.GODZILLASERVER.COM and NS2.GODZILLASERVER.COM Name Servers, if the customers domain name no longer points to the Godzillaserver Name Servers NS1.GODZILLASERVER.COM and NS2.GODZILLASERVER.COM it is assumed you are not using our hosting services any longer and your files will be deleted without notice. Godzillaserver provides Web Hosting services ONLY and does not allow File Storage of any kind. 14. Miscellaneous. This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. Both parties submit to jurisdiction in California and further agree that any cause of action arising under this Agreement shall be brought exclusively in a county court in West Covina, California. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the SITE may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement constitutes the entire agreement between the parties with respect to the use of and services provided by the SITE and supersedes any other agreement, proposals and communications, written or oral, between agents, employees or representatives of Godzillaserver.com and the User. Godzillaserver.com may amend this Agreement at any time without advance notice to the User. |