Terms of Service

1.) Account Setup

Your account will be set up once we have received payment. Please provide us with an email address which is not at the domain you are having us host.

2.) Content

All services provided by Howard Szafer, operating as Obligate Host, may only be used in a lawful manner. Illegal activities include, but are not limited to: improper use of copyright material, material we deem threatening or obscene, and illegal forms of pornography. The customer agrees to indemnify and hold harmless Howard Szafer and Obligate Host from any claims resulting from their use of our services.

Some examples of unacceptable use:

• IRC Bots
• Warez Sites
• Pirated Software
• Hate sites
• Hack programs and archives

3.) Unsolicited E-mail Policy

We do not permit the sending of unsolicited e-mail, bulk e-mailing, and spam. Any account found responsible for this will be terminated without notice.

Obligate Host reserves the right to require immediate changes, or disable as necessary, any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Obligate Host also reserves the right to make any such modifications in an emergency, at our sole discretion.

Obligate Host reserves the right to charge the holder of the account used to send any unsolicited e-mail a fee to cover any costs that may have been incurred as a result of illegal activity. This cost of the clean up fee is to be determined by Obligate Host.

4.) Payment Information

You agree to supply appropriate payment for the services received from Obligate Host, in advance of the time period during which such services are provided. You agree that until and unless you notify Obligate Host of your desire to cancel any or all services received, those services will be billed on a recurring basis. Non-payment constitutes your having given notice of impending termination of the account. After fourteen days we will suspend your account, and after thirty days we will turn it off.

Obligate Host reserves the right to change the monthly payment amount and or any other charges at any time.

5.) Backups and Data Loss

Your use of the service is at your own sole risk. Obligate Host is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Obligate Host servers.

6.) Cancellation and Refunds

Obligate Host reserves the right to cancel the account at any time.
We will be pleased to offer a refund on any prepayments for hosting, for all but the current month, less an administration fee.

Customers may cancel at any time.

7.) Resource Usage

The following processes are not permitted:

• Running stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Running any software that interfaces with an IRC (Internet Relay Chat) network.
• Running any gaming servers.

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to either:

• suspend the account until the start of the next allocation
• suspend the account until more bandwidth is purchased at an additional fee
• suspend the account until you upgrade to a higher level of package
• terminate the account and/or charge you an additional fee for the overages

We are much more likely to attempt to entice you to purchase more service, though.
Unused transfer in one month cannot be carried over to the next month.

9.) Indemnification

Each customer agrees that it will indemnify, defend, save and hold Howard Szafer, operating as Obligate Host, harmless from any and all costs, claims, liabilities, losses, and demands, including reasonable legal fees asserted against Obligate Host, its agents, customers, officers and employees, that may arise or result from any service provided, or performed, or agreed to be performed, or any product sold by an account holder, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Howard Szafer, Obligate Host, against liabilities arising out of;

• any injury to person or property caused by any products sold or otherwise distributed in connection with Obligate Host
• any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
• copyright infringement
• any defective products sold to customers from Obligate Host's server.

10.) Disclaimer

Obligate Host will not be responsible for any damages your business may suffer. Obligate Host makes no warranties of any kind, expressed or implied for services provided. Obligate Host disclaims any warranty or merchantability or fitness for a particular purpose. This would include loss of data resulting from delays, non-deliveries, wrong delivery, or any and all service interruptions caused by Obligate Host and its employees.

11.) Changes

Obligate Host reserves the right to revise any of its policies or fees at any time without prior notice.