CHROMEHOST TERMS OF SERVICE
ChromeHost and its affiliates provide products and services to clients all around the world. ChromeHost has the responsibility to protect each client and provide them with the best services available. The following conditions were designed to protect our products and services.
If you visit, shop, or use any of our products and services at ChromeHost, you accept these conditions.
Please read them carefully. In addition, when you use any current or future ChromeHost products and services or visit or purchase from any business affiliated with ChromeHost, whether or not included in the ChromeHost Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
DEFINITIONS USED IN THIS DOCUMENT
“ChromeHost, Inc.”, “ChromeHost”, “ChromeHost” “ChromeHost Network” and “We” are defined as the company ChromeHost, Inc. “The customer”, “ChromeHost’s customers,” and “You” are defined as patrons of ChromeHost, Inc. “This site” is defined as any website that is owned, operated or otherwise directly or indirectly maintained by ChromeHost, Inc. “Service” and “Product” are interchangeable, and defined as any merchandise or commercial offering of ChromeHost. The term “spam” is used as it is currently defined by the Federal Trade Commission.
Our Commitment to Online Security
Physical, electronic and managerial procedures have been employed to safeguard the security and integrity of personal information. Billing information is encrypted whenever transmitted or received online. Personal information is accessible only by staff or volunteers designated to handle online complaints or requests. All ChromeHost agents and contractors with access to personal information obtained on the ChromeHost web sites are also bound to adhere to this policy.
Personal Information that ChromeHost May Collect Online
ChromeHost collects the following types of personal information: names, postal and e-mail addresses, phone, IP (internet protocol) and facsimile numbers, billing information, and any necessary customer service information. ChromeHost may also collect business information from Agents and Resellers of our products and services which could constitute personal information, as well as personal information from individuals acting solely in their business capacity.
ChromeHost does not collect or maintain information from those actually known to be under the age of 13, and no part of our sites are structured to attract anyone under the age of 13.
ChromeHost Uses Personal Information Collected Online
Unless you consent, we will not use your personal information for any purpose other than that for which it is submitted. We use personal information to reply to inquiries, handle complaints, provide operational notices and in program record-keeping. We also process billing and business requests related to program participation. At certain points where personal information is collected on our site, there may be a box where you may indicate you would like to be on a list to receive information about other ChromeHost products and services. This election box only appears in places where the department collecting personal information maintains such lists. At any time you can add or remove your name from a ChromeHost list by contacting us.
How Your Information May Be Shared
In order to provide quality customer service, ChromeHost may refer inquiries to our agents. For example, in providing a domain name registration, we may need to provide a 3rd party agent with the information necessary to register said domain name on your behalf.
We never sell or rent your personal information.
ChromeHost may also release personal information to appropriate governmental authorities under the following circumstances:
- Where release is required by law (for example, a subpoena) or regulation, or is requested by a government agency conducting investigations or proceedings;
- Where our records indicate a company may be engaged in fraudulent activity or other deceptive practices that a governmental agency should be made aware of;
- Where your communication suggests possible harm to others.
Help Us Keep Your Personal Information Accurate
If your personal information changes, or you would like to review the personal information we may have on file, please e-mail us with the new information or your review request by contacting us. Let us also know the service program that led to your submission of personal information so we may efficiently locate your information.
Computer Tracking and Cookies
Our web sites are not set up to track, collect or distribute personal information not expressly entered by visitors. Our site logs do generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our sites. This information is used for internal purposes by technical support staff to provide better services to the public and may also be provided to others; but again, these statistics contain no personal information and cannot be used to gather such information.
A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. ChromeHost uses non-identifying cookies to provide easier site navigation and access to forms. You can still use the ChromeHost sites if your browser is set to reject cookies. Our cookies do not generate personal data, do not read personal data from your machine, and are never tied to anything that could be used to identify you.
100% SATISFACTION GUARANTEE
ChromeHost Satisfaction Guarantee
ChromeHost is committed to providing the most reliable and highest- performing Internet service possible. ChromeHost is committed to your 100% complete satisfaction, from our service and support, to our reliability and performance. ChromeHost’s commitment to you is provided in the form of a Service Level Agreement which provides certain rights and remedies regarding the performance of the ChromeHost Network and the ChromeHost 100% Satisfaction Guarantee.
Definitions Used In This Document
“Customer” and “You” herein refer to any customer of ChromeHost that has purchased a product and/or service from ChromeHost.
All services provided by ChromeHost include a 30-day Money Back Guarantee unless otherwise outlined in our Terms Of Service. If you are not completely satisfied with our services for any reason within the first 30 days of your contract, you will be eligible for a full refund of the Access Fee (as defined in the following section). The 30-day Money Back Guarantee only applies to the purchase of services and/or products made at the initial point of Customer’s sign-up, and is limited to a maximum of one (1) refund per Customer.
Access Fee Definitions
The Access Fee is defined as the base monthly access fee paid by Customer for use of the applicable ChromeHost service at the amount of data transfer and resources allowed each month, without additional charge, and is excluding third party fees, fees for additional services, customized orders that require special hardware to be ordered, and other types of options. Such excluded fees will vary by the type of applicable service, and may consist of fees for local loop, custom software configuration, software licensing fees paid to a 3rd party such as Microsoft or cPanel, extra and/or burstable bandwidth, add-on components, extra IP addresses, hourly support charges, paid domain registration fees to a third party, paid SSL certificate registration fees to a third party, electricity when an additional fee is charged for such an item, shipping and handling where applicable, and managed services.
ChromeHost reserves the right to arbitrate and delimit on a per-situation basis the extent to which this Guarantee applies, and may, in the case of abuse of ChromeHost’s services on the part of Customer; as defined in the Terms Of Service, void the 30-Day Money Back Guarantee. Custom service orders, such as unique hardware configurations for servers, or orders which require ordering of specialized hardware or hardware add-ons are not eligible for refund. Bandwidth usage beyond 50 GB of data transfer, excessive use of our support services (10 or more support incidents or responses), Operating System Reloads, custom software configuration or setup, or if customer’s service is employed to send or receive any more than one-thousand (1000) emails will result in annulment of this Guarantee.
How To Request A Refund With the 30 Day Money Back Guarantee
To activate this guarantee, Customer must submit a written online request to CANCEL their service by opening an online support ticket in the ChromeHost Client Area. This must be submitted prior to the first 30 days after Customer sign-up. To insure the privacy and security of both the Customer and ChromeHost, requests must be made via support ticket only. Requests for activation of this Guarantee via e-mail, telephone, fax, physical mail, or any other means will not be processed.
SERVICE LEVEL AGREEMENT
ChromeHost Service Level Agreement
As described below, ChromeHost’s SLA provides commitments based upon goals in three key areas:
- Network Service Availability: The ChromeHost Network will be available to Customer free of network outages for 100% of the time.
- Network Service Latency: The average monthly Latency (speed) of the ChromeHost Network will not exceed 95 milliseconds round-trip.
- Network Packet Loss: The average monthly Packet Loss (reliability) of the ChromeHost network will not exceed 1%.
Network Service Level Agreement
This Service Level Agreement (SLA) applies only to ChromeHost customers receiving service within the contiguous United States who are (i) customers of ChromeHost point-to-point and T1/T3/OC3/OC12 services, (ii) virtual private server , or (iii) colocation and dedicated server customers. This SLA does not apply to other customers of ChromeHost, including, without limitation, those with Dial-up, xDSL, ISDN, and other hosting products not specifically listed in items (i), (ii), and (iii).
This SLA provides Customers with certain rights and remedies regarding the performance of the ChromeHost Network. The “ChromeHost Network” means the ChromeHost owned and operated Internet Protocol (IP) routing infrastructure consisting solely of ChromeHost measurement devices at selected ChromeHost points of presence (“Selected POP’s”) and the connections between them in the forty-eight continental United States. The amount of credit available per month is subject to a cap described below.
ChromeHost is committed to make the ChromeHost Network available to Customer free of Network Outages for 100% of the time. A “Network Outage” is an instance in which no traffic can pass in or out of Selected POPs for more than 15 consecutive minutes.
Upon Customer’s request (in accordance with the procedure set forth below), ChromeHost will issue a credit to Customer for Network Outages exceeding the SLA limits occurring during any calendar month that are reported by Customer to ChromeHost and confirmed by ChromeHost’s measurements of the ChromeHost Network. Such credit will be equal to one day’s worth of the monthly Access Fee (as defined below) paid by Customer, for each reported incident exceeding one hour of such Network Outages, not to exceed in any calendar month the Access Fee paid by Customer for that month.
Hardware Replacement Guarantee for ChromeHost’s Servers and Equipment
ChromeHost guarantees the replacement of any faultering hardware component within a four (4) hour window from the time one of its technicians verifies its need for replacement. Notwithstanding ChromeHost’s ongoing monitoring of all hardware, Customer assumes sole responsibility for notifying ChromeHost of any interruption of service from such failure. The 4-hour Hardware Replacement Guarantee begins from the point of diagnostic verification of hardware failure after Customer has duly notified ChromeHost. Should hardware replacement require longer than 4 hours, Customer will be notified, and a pro-rated credit of his monthly service fee will be applied to his account.
ChromeHost is committed to keep Average Round-Trip Latency on the ChromeHost Network to 95 milliseconds or less. “Average Round-Trip Latency”, with respect to a given month, means the average time required for round-trip packet transfers between Selected POP’s on the ChromeHost Network during such month, as measured by ChromeHost.
If Average Round-Trip Latency on the ChromeHost Network for a calendar month exceeds 95 milliseconds, then upon Customer’s request (in accordance with the procedure set forth below), ChromeHost will issue a credit to Customer equal to and not to exceed in any calendar month one day’s worth of the Access Fee (as defined below) paid by Customer for such month.
Packet Loss Guarantee
ChromeHost is committed to keep Average Packet Loss on the ChromeHost Network to 1% or less. “Average Packet Loss”, with respect to a given month, means the average percentage of IP packets transmitted on the ChromeHost Network during such month that are not successfully delivered, as measured by ChromeHost. If Average Packet Loss exceeds 1% during a calendar month, then upon Customer’s request (in accordance with the procedure set forth below), ChromeHost will issue a credit to Customer equal to and not to exceed in any calendar month one day’s worth of the Access Fee (as defined below) paid by Customer for such month.
The terms of this SLA relating to Average Round-Trip Latency and Average Packet Loss will take effect the first full calendar month after Customer’s first use of the ChromeHost Network.
Access Fee Definitions
The Access Fee for all Customers is the base monthly access fee paid by Customer for use of the applicable ChromeHost service at the amount of data transfer allowed each month without additional charge, excluding set-up fees, fees for additional services, and for server and other types of options. Such excluded fees will vary by the type of applicable service, and could consist of fees for local loop, custom software configuration, extra and/or burstable bandwidth, add-on components, extra IP addresses, hourly support charges, electricity when an additional fee is charged for such an item, and managed services.
ChromeHost will periodically (every 15 minutes on average) measure the ChromeHost Network at Selected POP’s using software and hardware components capable of measuring application traffic and responses at such Selected POP’s. Customer acknowledges that not every POP may be covered by such measurements, that such measurements may not measure the exact path traversed by Customer’s packets, and that such measurements constitute measurements across the ChromeHost Network but not other networks to which Customer may connect. ChromeHost reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer. Measurements for latency and packet loss will be posted to a Web site designated by ChromeHost and made available to Customer.
How to Request a Credit Per This Service Level Agreement
Customer must first report a loss of service by opening an online support ticket via the ChromeHost Client Area with information on the nature of the outage. To request credit, customer may open a second online support ticket within 7 days via the ChromeHost Client Area. This must reference the first support ticket number. ChromeHost will credit Customer only from the time and date stamp of the initial support ticket submittal, and only if commensurate with the definitions of service outages in this agreement. To insure the privacy and security of both the Customer and ChromeHost, reports of outages and requests for credits per this Agreement must be completed via support ticket only. Requests via e-mail, telephone, fax, physical mail, or any other means will not be processed.
Notwithstanding anything in the SLA to the contrary, Customer shall not receive any credits under this SLA if customer has been delinquent on any bills or payments within the past 90 days, or found in violation of any ChromeHost Terms of Service.
Notwithstanding anything in the SLA to the contrary, Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the ChromeHost Network caused by or associated with:
- Circumstances beyond ChromeHost’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, storm, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement;
- Failure of access circuits to the ChromeHost Network, unless such failure is caused solely by ChromeHost;
- General telco failure;
- Scheduled maintenance and upgrades;
- DNS issues outside the direct control of ChromeHost;
- Outage or error of any ChromeHost measurement system;
- Excessive traffic/load on Customer’s server(s) which impedes server performance;
- Customers’ acts or omissions, including without limitation, any negligence, willful misconduct, or use of the ChromeHost Network or ChromeHost services in breach of ChromeHost’s Terms and Conditions and Acceptable Use Policy, by Customers or others authorized by Customers;
- Denial of Service (DoS) and/or Distributed Denial of Service (DDoS) (malevolent efforts of a person or persons to prevent ChromeHost’s or Customer’s (or clients of Customer’s) servers or service from functioning efficiently or at all).
ChromeHost reserves the right to change or modify this SLA at any time effective upon the posting thereof on this website. Except as set forth in this SLA, ChromeHost makes no claims regarding the availability or performance of the ChromeHost Network or ChromeHost services.
AFFILIATES AND RESELLERS
ChromeHost Terms of Service for Affiliates and Resellers
ChromeHost and its affiliates provide products and services to clients all around the world. ChromeHost.net has the responsibility to protect each client and provide them with the best services available. The following conditions were designed to insure our products and services. If you visit, shop, or use any of our products and services at ChromeHost, you accept these conditions. Please read them carefully. In addition, when you use any current or future ChromeHost products and services or visit or purchase from any business affiliated with ChromeHost, whether or not included in the ChromeHost Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
TERMS OF AGREEMENT
The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term of this agreement
To begin the enrollment process, Affiliate will submit an application via www.chromehost.net. ChromeHost will evaluate Affiliate’s application and will notify Affiliate of Affiliate’s acceptance or rejection. ChromeHost may reject Affiliate’s application if ChromeHost determines that Affiliate’s site is unsuitable for the Affiliate Program. Reasons for rejection can include, but are not limited to the Affiliate’s site promoting violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or the Affiliate’s site promoting illegal activities and/or violating intellectual property rights.
LIMITATION OF LIABILITY
We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.
ACKNOWLEDGMENT OF TERMS
You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
COMMERCIAL ADVERTISING – EMAIL SPAM
Spamming, or the sending of unsolicited email, is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them. ChromeHost will be the sole arbiter as to what constitutes a violation of this provision. “Opt-in,” or email sent with permission from the receiver, is acceptable as long as opt-out/removal requests are fully honored. ChromeHost has a zero tolerance policy for SPAM. Any Affiliate found to be SPAMMING will be immediately removed from our affiliate program. The only recourse you will have to maintain your affiliate relationship is proof of the receiver’s “opt in” (explicit permission from the receiver for any emails in question) that will nullify the validity of the SPAM complaint. Valid SPAM complaints will result in the immediate termination of your account and forfeiture of any commissions owed you.
When you visit ChromeHost or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ChromeHost will provide you with textual and graphical links (Link Materials) with which you may link your Web site to our Web site. Once you become an approved Affiliate, we grant you a non-exclusive limited license solely to reproduce and use these Link Materials, including our trademarks to the extent they are incorporated into these Link Materials, only while you are an Affiliate and only in accordance with the terms and conditions of this Agreement. You many include Link Materials in mailings to your opted-in lists (see section regarding Spam) and in other advertisements at your discretion. You agree to display the Link Materials appropriately on your Web site and in advertisements, and to respect our trademarks, service marks, and other rights in the Link Materials. You will use only these Link Materials to link to ChromeHost, and you will not alter the look or feel of these Link Materials or of our Web site in any way. You will use reasonable efforts to update to new versions of Link Materials as we make them available.
METHOD OF LINKING
You may not:
- directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Special Links on your website to access our website (e.g., by implementing any “rewards” program for persons or entities who use Special Links on your website to access our website);
- post any Special Links on any website or other platform that is accessible through any Internet Access Appliance;
- read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity;
- in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our website;
- make any orders or subscription requests, or engage in other transactions of any kind on our website on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so;
- take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the website on which any functions or transactions are occurring; or
- post or serve any advertisements or promotional content around or in conjunction with the display of our website (e.g., through any “framing” technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral commissions otherwise payable to you under this Agreement and/or terminate this Agreement.
ChromeHost will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. ChromeHost will endeavor to do its best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales. Notwithstanding the above statement of responsibility by ChromeHost to track sales, affiliates hereby acknowledge and accept that the tracking system employed by ChromeHost is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to an affiliate for any of the following possible reasons:
- Failure by the affiliate to use the proper format of the specially assigned URL in promotions, web page links, banner ads, and so on.
- Deliberate or accidental actions by customers to circumvent an affiliate’s special URL so that our software is unable to accurately track that sale.
- Bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time.
- Acts of nature that cause irretrievable data loss on the computers and back-up disk media.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment
- The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials)
- Creating and posting Product descriptions on your website and linking those descriptions to the ChromeHost web site.
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal.
- We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site.
RELATIONSHIP OF PARTIES
ChromeHost and your company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this agreement.
QUALIFYING PRODUCTS AND SERVICES FOR REFERRAL COMMISSIONS
Any product or service with a monthly, quarterly, semi-annually, annually, biennially or triennially recurring service fee listed on the ChromeHost web site is eligible for referral commissions. Referral commissions are NOT ELIGIBLE for:
- One time product purchases (such as hourly billed consulting or programming fees),
- domain names (such as $9.99/year domain names),
- additional setup fees (such as additional software configuration fees, or optional account add-ons or upgrades),
- SSL Certificates (Which are one time purchases),
- any special order items (such as custom hardware requests),
- sales to one’s self, a separate department of the same company or its subsidiaries.
ChromeHost will determine, at our sole discretion, if a product or service qualifies for referral commission payout.
We will pay you referral commissions on what will be determined to be the base monthly recurring service fee of Qualifying Product sales to third parties. For a Product sale to be eligible to earn a referral commission, the customer must satisfactorily complete an order for any Qualifying Products and/or Service from the ChromeHost web site.
We will only pay the 100% referral commissions on monthly, quarterly or semi-annual sales on such Products after order, payment and shipping (if necessary) and the 2nd monthly billing is completed (31 days after the day of initial sale)b on the Qualifying Product sold. The commission will be calculated by taking:
- 100% of the sales figure for monthly subscriptions
- 1/3 of the sales figure for quarterly subscriptions
- 1/6 of the sales figure for semi-annual subscriptions
As an example if you have a semi-annual sale of $120, 1/6 of that, (known as the base monthly recurring service fee) would be $20. The Affiliate would then be due 100% of the base monthly recurring service fee for a total commission due of $20.
If during the 31 days the Qualifying Product sold is determined to be fraudulent, suspended, canceled, credited, or refunded, the referral commission will be canceled and voided. ChromeHost at its sole discretion may increase the 31 day hold period before approving a commission by up to 60 days in cases where there is a heightened belief the transaction may result in fraud, refund or charge back.
We will only pay the 200% commissions on annual, biennial or triennial sales on such Products after order, payment and shipping (if necessary) and the referral is maintained as a customer for a period of 90 days, (90 days after the day of initial sale) on the Qualifying Product sold . The commission will be calculated by taking:
- 1/12 of the Annual sales figure and multiplying it by 2
- 1/24 of the Biennial sales figure and multiplying it by 2
- 1/36 of the Triennial sales figure and multiplying it by 2
As an example if you have an Annual sale of $240, 1/12 of that, (known as the base monthly recurring service fee) would be $20. The Affiliate would then be due 200% of base monthly recurring service fee for a total commission due of $40
If during the 90 days the Qualifying Product sold is determined to be fraudulent, suspended, canceled, credited, or refunded, the referral commission will be canceled and voided. ChromeHost at its sole discretion may increase the 90 day hold period before approving a commission by up to 60 days in cases where there is a heightened belief the transaction may result in fraud, refund or charge back.
Payments are issued in US dollars, and paid once a month, on the 1st of the month for the total amount of ‘approved’ funds in your affiliate account. Payments are made via PayPal, or at the affiliate’s option – in the form of a service credit towards ChromeHost hosting products and services.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our Representatives shall be submitted to confidential arbitration in a city selected by the company in Texas, United States, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Texas (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of the United States and the state of Texas, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
NON DISCLOSURE AGREEMENT
ChromeHost Non Disclosure Agreement
To execute this agreement with ChromeHost, please fill out, sign, date, and FAX to: <Enter Fax Here>. ChromeHost will sign & return the executed agreement to you.
BILATERAL NON DISCLOSURE AND
CONFIDENTIALITY AGREEMENT FOR TRANSFER
OF PROPRIETARY INFORMATION
This Agreement, effective starting on ________________
Between ChromeHost, whose address is <Enter Address Here>, and _____________________________________________
These parties hereby agree as follows:
The parties wish to exchange certain confidential and proprietary information for the limited purpose of allowing the parties to provide and/or purchase services, products and consulting, in accordance with the following terms and conditions:
For the purpose of this Agreement, “Confidential Information” shall mean the information belonging to one party (the “Disclosing Party”) which is provided to the other party (the “Receiving Party”) which is marked as “Confidential” and/or “Proprietary” or which would logically be considered “Confidential” and/or “Proprietary” in view of its relationship to the whole disclosure. Oral and visual disclosures of Confidential Information shall be noted as such at the time of disclosure and shall, within one month after disclosure, be summarized in a writing provided to the Receiving Party, and shall be treated by the Receiving Party as Confidential Information.
- Protection and Purpose
All “Confidential Information” of a Disclosing Party shall be maintained in confidence by the Receiving Party, and shall not be disclosed to any third party and shall be protected with the same degree of care as the Receiving Party normally uses in the protection of its own confidential and proprietary information, but in no case with any less degree than reasonable care. The Receiving Party shall not use any “Confidential Information” of the Disclosing Party for the benefit of the Receiving Party, for the benefit of any third party, or for any purpose except the limited evaluation purposes set forth above.
The restrictions herein provided shall not apply with respect to “Confidential Information” which:
- The Receiving Party can demonstrate it knew at the time of receipt from the Disclosing Party; or
- Is or becomes a part of the public domain without breach of this Agreement by the Receiving Party; or
- Is legitimately obtained by the Receiving Party without a commitment of confidentiality from a third party; or
- Is disclosed by the Disclosing Party to a third party without a commitment of confidentiality by the third party; or
- Is independently developed by the Receiving Party without reliance on, use of, or strategic guidance derived from, the Disclosing Party’s Confidential Information; or
- Is disclosed pursuant to judicial action or government regulations, provided the Receiving Party notifies the Disclosing Party prior to such disclosure and cooperates with the Disclosing Party in the event the Disclosing Party elects to legally contest and avoid such disclosure.
- Rights and Licenses
This Agreement and the furnishing of “Confidential Information” as provided herein shall not be construed as establishing, either expressly or by implication, any grant of rights or licenses to either party or any relationship between the parties.
All tangible information relating to Confidential Information of a Disclosing Party, including without limitation web site content, customer lists, financial figures, databases, drawings, specifications and other information submitted hereunder by the Disclosing Party to the Receiving Party, shall remain the property of the Disclosing Party. If either party elects not to pursue any further business undertaking, each party shall promptly return to the other party all tangible information, and all copies thereof, related to “Confidential Information” belonging to the other party or certify destruction of the same.
- Recipient agrees that it shall adhere to all U.S. Export Administration laws and regulations and shall not export or re-export any technical data or products received from the Company or the direct product of such technical data to any proscribed country listed in the U.S. Export Administration Regulations unless properly authorized by both the Company and the U.S. Government.
- This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof. It shall not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties.
- None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of either party, its agents, or employees but only by an instrument in writing signed by an authorized officer of the parties. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure of either party to enforce any provision of this Agreement shall not constitute waiver of such provision or any other provisions of this Agreement.
- If any action at law or in equity is necessary to enforce or interpret the rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees, costs and necessary disbursements in addition to any other relief to which it may be entitled.
- This Agreement shall be construed and governed by the laws of the State of Texas in the United States of America, and both parties further consent to jurisdiction by the state and federal courts sitting in the State of Texas.
- If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. Should any of the obligations of this Agreement be found illegal or unenforceable as being too broad with respect to the duration, scope or subject matter thereof, such obligations shall be deemed and construed to be reduced to the maximum duration, scope or subject matter allowable by law.
This Agreement is to be construed in accordance with the laws of the State of Texas in the United States of America and shall terminate one (1) year from the effective date of this Agreement.
Name: ________________________ Company: _______________________ Title: _____________________ Date: _____________________
Name: ________________________ Company: ChromeHost__________ Title: _____________________ Date: _____________________
When you visit ChromeHost or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All products and services provided by ChromeHost may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statute. You agree to indemnify and hold harmless ChromeHost from any claims resulting from the use of the service which directly or indirectly damages any other party.
COMMERCIAL ADVERTISING AND BULK EMAIL
ChromeHost takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of ChromeHost may not use or permit others to use our network to partake in UCE or SPAM distribution. Customers of ChromeHost may not host or permit hosting of sites or information that is advertised by UCE or SPAM sent from other servers or networks.
In addition to U.S. Federal Trade Commission (FTC) definitions, SPAM is further defined as any email that is sent to a recipient that did not ask for it to be sent to them or any email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In for email correspondence purposes. Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. ChromeHost will be the sole arbiter as to what constitutes a violation of this provision and may take actions including, but not limited to, immediate service disconnection or suspension to ensure the quality of our network.
- Maintain email lists
- Send emails to more than 10 recipients at a time
- Send more than 1,000 emails in a 30-day period
…must maintain complete and accurate records of all consents and opt-ins and provide such records to ChromeHost upon its request and allow any party sent email to remove itself automatically and permanently. If a user cannot provide positive and verifiable proof of such consents and opt-ins, ChromeHost will consider the mass mailing to be unsolicited and take appropriate action to ensure the quality of our network.
Other prohibited activities related to email include, without limitation, the following:
- Use of ChromeHost Network for the receipt of replies to unsolicited mass e-mail
- Forgery of e-mail headers (“spoofing”)
- Spamming via third-party proxy, ip tunneling, aggregation of proxy lists, or installation of proxy mailing software
- Configuration of any server to accept and process third-party messages for sending without verified user identification and authentication (open-relay mailers)
- Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”)
- Hosting web pages or providing services that support bulk emailers or SPAM
- Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, USENET posts, pop-up messages, instant messages, or SMS messages
- Configuring or altering a server in such a way as to defeat remote anti-SPAM filters such as trying to send emails out multiple IP addresses on the same server, or using invalid or recently registered domain names to mask the true identity of your emails
- Use of any email address on a mailing list that was not opt-in verified by the same IP address and domain used to send outbound emails
SPAM COMPLAINT FEES
A service fee of $50/complaint will be applied to any customer with more than 5 (five) verified abuse complaints in a given month. Abuse complaints are defined as documented issues that are confirmed violations of these terms of service and to be a result of customer, or customer’s, web hosted content or information.
A service fee of $125/hour will apply for investigation and corrective work performed by ChromeHost to resolve SPAM violations.
IP BLACKLIST FEES
If, as a result of a Customer’s actions, ChromeHost’s mail servers or IP address ranges are placed on email black hole lists or other mail filtering software system list, ChromeHost shall charge the Customer $250 upfront and $125/hour thereafter for any necessary investigation and corrective work.
ACCEPTABLE USE POLICY
General Statement: ChromeHost’s Acceptable Use Policy (“AUP”) is provided to give our customers and users a clear understanding of what ChromeHost expects of them while using a product or service. All users of ChromeHost’s products and services: those who access some of our Products and Services but do not have accounts, users accessing content you place on ChromeHost’s products and services, as well as those who pay a service fee to subscribe to any Products or Services, may not use, promote, host, or participate in:
- Copyright Infringement including no hosting of warez trackers or torrent sites: Direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code
- Unsolicited Email ‘SPAM’ to be defined as any mailing to more than 10 people at once who did not opt-in or request to be contacted
- Proxy Email (SPAM): defined as the use of services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties
- UseNet SPAM: sending, receiving, forwarding, or posting excessive UseNet content. This includes UseNet services located within the ChromeHost network or unrelated third party networks
- Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services
- Illegal Use: This includes, but is not limited to: death threats, terrorist threats, threats of harm to another individual, multi-level marketing schemes, “ponzi schemes”, invasion of privacy, credit card fraud, racketeering, defamation, slander, and other illegal activities
- Pornography or any other Adult content
- Threats & Harassment: Including but not limited to threats or harassment to individuals, organizations or businesses
- Fraudulent activities
- Denial of Service (DOS and DDOS)
- Terrorist Websites: This includes sites advocating human violence and hate crimes of any kind
- Distribution of Malware: including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity, or any software appropriated for these or related activities
- Phishing: any activity associated with phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense
- Automated Bots for the purposes of posting/automating content/interactions on blogs, forums, or other similar services including social media sites
- Gambling services
- Online gaming that is part of denial of service attacks such as ‘runescape’
- Ping bots, network scanning programs, automated network intrusion programs
- IRC ‘Internet Relay Chat’ related applications
- Hosting any form of proxy software, or anonymous proxy services
- The offering, or reselling to another party who offers, any sort of “free host” or “free hosting” services
- Any shared/reseller accounts shall not be used for any storage of files. All content must be related to web hosting.
DOS & DDOS INCIDENT FEES
Any website, server, service, or client who hosts, promotes, instigates, or gives cause or access in any form to cause a Denial of Service attack (DoS) or Distributed Denial of Service attack (DDoS) shall be responsible for the billable time of staff and mitigation services at $85 per hour, the cost of excessive bandwidth or other resource consumption, and a per-incident fee of $250. Services may remain suspended or offline until such time that these fees are paid, infull, or alternate terms are agreed to by our billing department during normal business hours. Customers subscribed to our DoS & DDoS filtering plans shall be exempt from these fees unless the combined number of incidents or combined incident bandwidth consumption exceeds the limits as defined in said customers filtering plan.
REVERSE DNS / RDNS / PTR
Clients requesting Reverse DNS / PTR on their assigned IP space must adhere to the following policies:
- The domain requested in the PTR must be older than 60 days
- Clients must create and maintain matching FWD “A” records for the requested PTR
- The PTR requested must be a unique, browser loadable website -OR- justification must be provided as to the use of the PTR
INTERACTION WITH CUSTOMER SERVICE
The ChromeHost customer service team takes great lengths to provide polite, prompt and excellent customer service at all times. For the safety and protection of our staff and their families we have a zero tolerance policy in regards to abuse of our staff. You may not threaten, abuse, shout at, swear at, insult, or otherwise disrespect our staff during any form of business communication including, but not limited to in person, telephone, live chat, fax, postal mail, Email, forum post, blog post, instant messenger, or ticket response. Violations of this aspect of the Terms of Service is subject to account termination without warning. If such a termination takes place no refund will be given.
PROMOTIONS AND DISCOUNT COUPONS
Discount coupons offered as promotion of any of the ChromeHost Services are presented as an enticement to increase our customer base and offer additional services to current customers. Coupons are limited to 1 per customer, new orders only and may not be combined with other coupons or special offers. ChromeHost active customers that present coupons for a similar service to what they currently subscribe to, and cancel their current service will not be eligible to have such a discount as offered with said coupon.
PAYMENT AND BILLING
You agree to pay ChromeHost for Products and Services without deduction, or delay for any reason. At any time, ChromeHost may require you to pay a deposit or increase an existing deposit as a condition of providing Services. You authorize ChromeHost to investigate your credit history at any time and to share credit information about you with credit reporting agencies. Payment of all charges is due within three (3) days after the date of invoice, in U.S. currency. Invoices are issued seven (7) days prior to subscription renewal dates (if you bill on the 15th of the month, an invoice is generated on the 8th of the month and must be paid in full by the 15th of the month). Past due accounts that receive payments will have those payments applied to the oldest past due invoices first. Failure to pay any invoice may place the account into default, and could lead to suspension of all services until the account is paid and current. You will be responsible for reimbursing ChromeHost for all costs (including reasonable attorney fees) associated with collecting delinquent or dishonored payments. Accounts not paid in full within three (3) days of the invoice due date may be suspended, or terminated and a reconnection late fee of THIRTY FIVE DOLLARS ($35) may be applied for each service in the overdue invoice. Accounts not paid in full within fourteen (14) days of the invoice due date may be terminated and any past due invoices turned over to our collections service with an additional collections fee of SEVENTY NINE DOLLARS ($79) will be applied in addition to any past due balance and/or late fees.
If you dispute charges on your bill, you must notify ChromeHost in writing of the dispute within sixty days of the date on the affected bill, or else you waive the dispute.
You hereby agree to being billed for your service(s) on an automatic renewal basis and your service(s) will continue to be billed until cancelled by you pursuant to the terms of these Terms of Service. All payment periods are for the full period. Example: If you pay for a service on a monthly basis, the service shall remain active (barring it being suspended or terminated pursuant to other terms within these Terms of Service) for the full month and no prorated amount shall be refunded should you decide to cancel the service prior to the end of the billing period. If you pay for a service annually, the service will remain active (barring it being suspended or terminated pursuant to other terms within these Terms of Service) for the full period even if you decide to cancel said service prior to the end of the billing period. ONLY ON ANNUAL CONTRACTS: Should you cancel an annual contract prior to the end of the full term, prorated refunds may be granted and shall be calculated based upon converting the service back to the normal monthly rate and applying a $175.00 (one hundred seventy five dollar) early termination fee. If the termination fee exceeds the amount of the prorated refund, no refund shall be issued.
Upon the expiration or termination of a Service Order/Agreement/Contract under which space is made available to Customer, Customer will surrender the applicable Space to ChromeHost (hereinafter referred to as “Company”) and, within thirty (30) days after the date of such expiration or termination, return the Space to Company in the same condition as it was originally delivered to Customer, reasonable wear and tear excepted. Customer will remove the Equipment from the Space and the Facility and will fully repair any damage to the Facility caused by Customer, including, without limitation, any damage resulting from Customer’s removal of the Equipment from the Space. Any Equipment and/or personal property of Customer not removed within thirty (30) days after the date of expiration or termination of the applicable Service Order will, at Company’s option, conclusively be deemed to have been abandoned by Customer. Company may, upon written notice to Customer, apportion, sell, use, store, destroy, or otherwise dispose of the Equipment or Customer’s personal property without liability to Customer or any other person or entity. Customer will pay all expenses and costs incurred in connection with Company’s disposition of the Equipment and Customer’s personal property, including, without limitation, the cost of restoring the Facility to its original condition and of removing the Equipment or Customer’s personal property from the Facility. Should Customer wish to leave Equipment at ChromeHost for an indefinite period, Customer may do so at a rate of $50.00 (fifty dollars USD) per 1U of space occupied.
TAXES AND REGULATORY SURCHARGES
Rates outlined on attached order forms are exclusive of any applicable taxes. You are responsible for all taxes, gross receipts taxes, fees and surcharges relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent that you provide ChromeHost with a valid tax exemption certificate before ChromeHost provides Services to you. You are responsible for payment of any and all state, federal, or international surcharges.
ChromeHost offers multiple flexible bandwidth packages on all web hosting and service plans. Hosting and Service Plans with Un-Metered Bandwidth provides you with a network port locked at a specific Un-Metered Bandwidth speed (for example, Un-Metered 10 Mbps means your server has a 10 Mbps port) and you can use that network port during the entire billing period without any bandwidth over-usage fees. Hosting and Service Plans with Total Monthly Bandwidth allotment plans (such as 1000 GB per month) allow you to push traffic at very high speeds (Up to 100 Mbit or higher, depending on your server’s port speed) over our Premium Network. The bandwidth is calculated 50/50 between inbound and outbound usage. For example, on a 1000 GB plan, your hosting plan can transmit up to a total of 500 GB of data per month and receive up to 500 GB of data per month. Usage levels over your included bandwidth are billed monthly at the rate of $0.50 per GB. If you exceed or are about to exceed your monthly allotted bandwidth during any billing cycle, we reserve the right to limit network access, bill for estimated overage in advance, or suspend service until payment for the bandwidth overage is completed.
EXCESSIVE RESOURCE USAGE POLICY
ChromeHost provides this section to detail additional policies applicable for accounts on any standard web hosting plan (also known as ‘shared’, ‘ultimate’ and ‘reseller’ plans). Accounts many not use more than 10 % of the server’s CPU, Disk, Memory or web port connections. Accounts may not run daemons or back ground tasks. Accounts may store at most 1 (one) backup of their account in the server’s disk space. Accounts may not use the server disk space for storage of backups, file sharing, file storage, or any type of content that is not accessible on the web site you are hosting. ChromeHost will make reasonable efforts where possible to contact the account holder to offer a paid upgrade to Virtual or Dedicated Server hosting when an account exceeds the resource usage policy limits. If the resource usage limits are exceeded ChromeHost may, without prior notice or warning, limit access, suspend or terminate the account at ChromeHost’s sole discretion.
All content included on ChromeHost’s websites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ChromeHost or its content suppliers and protected by United States and international copyright laws. The compilation of all content on ChromeHost’s websites is the exclusive property of ChromeHost and protected by U.S. and international copyright laws. All software used on ChromeHost’s websites is the property of ChromeHost or its software suppliers and protected by United States and international copyright laws.
ChromeHost, ChromeHost.net, Alarmgate.com, Alarmgate.net, Alarmwall.com, Alarmwall.net and other marks indicated on our site are registered trademarks of ChromeHost, Inc. or its subsidiaries, in the United States and other countries. ChromeHost’s trademarks and trade dress may not be used in connection with any product or service that is not ChromeHost’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ChromeHost. All other trademarks not owned by ChromeHost or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ChromeHost or its subsidiaries.
The Internet Security product line by ChromeHost, placed under the Alarmgate and Alarmwall names, have patents-pending at this time.
LICENSE AND SITE ACCESS
ChromeHost grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ChromeHost. This license does not include any resale or commercial use of ChromeHost’s websites or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ChromeHost. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ChromeHost and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing ChromeHost’s name or trademarks without the express written consent of ChromeHost. Any unauthorized use terminates the permission or license granted by ChromeHost. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ChromeHost so long as the link does not portray ChromeHost, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ChromeHost logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use ChromeHost products and services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use ChromeHost only with involvement of a parent or guardian. ChromeHost and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders and or services at its sole discretion.
CANCELLATION or NON-RENEWAL
To cancel or elect not to renew any product or service, the customer must submit a cancellation request via the ChromeHost Client Area. Cancellation requests must be submitted at least seven (7) calendar days prior to expiration of the current renewal term. To insure the privacy and security of both the customer and ChromeHost, cancellation must be completed via the ChromeHost Client Care Center only. No refunds, partial or otherwise, will be issued (excluding our 30 day money back guarantee, if applicable) for any unused portion of any billing cycle or late cancellations. For special promotions, a 50% off promotion, for example, ChromeHost applies those funds at the full value rate to whichever period the funds are covering at the service’s normal rate, and the remaining time is provided at no charge. More specifically – if you purchase a service with a semi-annual billing period at 50% off, ChromeHost applies the full rate to the first three months of service, and the ensuing 3 months of the 6 month term are provided at no charge. As such, any cancellations placed during the time frame in which service is being provided at no charge shall be ineligible for a refund. Furthermore, requests for refunds will only be considered if the cancellation request is for an immediate cancellation. Also, understand that you must have all your data backed-up and off the ChromeHost Network, because immediate cancellations may lead to the immediate and irrecoverable loss of any and all data associated with your service. The 30-day money-back guarantee may only be taken advantage of once by any one customer. Additionally, if you order 3 non-identical services on the same day and cancel all 3 within the 30-day money-back guarantee period, only one of the services will be refunded. Cancellations requests MUST be made seven (7) or more days prior to expiration of the current billing cycle. Cancellations made within the last seven (7) days of the current billing cycle and marked “Cancel at end of billing period” will not be terminated until the end of following billing cycle and the invoice will be due and processed. Cancellations made within the last seven (7) days of the billing cycle and marked “Immediate cancel” will be terminated by midnight of the day of the cancellation request, and the current invoice will still be due and processed per our Terms of Service.
No refunds will be given on customized services/orders, associated setup fees and/or services/orders with explicitly requested and provided IP diversity, unless specified at the time of purchase.
Any orders that have utilized a license for which ChromeHost has paid fees to a third party – such as (but not limited to) Microsoft Licenses, WHMCS Licenses, and cPanel Licenses – are non-refundable. Payments for domain names, for which ChromeHost pays to a registrar, are also non-refundable.
ChromeHost and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please visit our Abuse Center.
ChromeHost and its affiliates attempt to be as accurate as possible. However, ChromeHost does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered by ChromeHost itself is not as described, your sole remedy is to return it in unused condition and discontinue using said service within five (5) business days.
Parties other than ChromeHost and its subsidiaries operate stores, provide services, or sell product lines on or through this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. ChromeHost does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
Any attempts to undermine or cause harm to a ChromeHost service or customer of ChromeHost is strictly prohibited. ChromeHost will pursue legal action to the fullest extent for any abuse of ChromeHost or its products or services.
BREACH OF TERMS OF SERVICE
If any terms or conditions are failed to be followed, it will result in grounds for service suspension or deactivation. ChromeHost reserves the right to remove any account or service without prior notice. If ChromeHost deactivates your service or account(s) for violating policy, you will forfeit your rights to a refund. No refunds for advance payments on deactivated accounts. Serious offenses may cause immediate deactivation WITHOUT WARNING.
You agree to indemnify and keep indemnified ChromeHost (and its parent, subsidiaries, affiliates, officers and employees) from and against any costs, damages, liabilities and losses (including legal fees) suffered or incurred by ChromeHost as a result of any claim made by any third party due to or arising out of your use of the Service, your connection to the service or any breach by you of any of your obligations under these Terms and Conditions.
LENGTH OF CONTRACT
The agreement between You and ChromeHost will be effective as of the date you sign up for any ChromeHost Product or Service, and will remain effective until terminated by either party. You agree to any and all changes to the Terms of Service unless you elect to terminate service in writing with ChromeHost via the primary ChromeHost website, www.chromehost.net.
Without limiting other remedies, ChromeHost or its affiliates may limit, suspend, or terminate your use of ChromeHost Products and Services, prohibit access to ChromeHost’s website, remove hosted content such as emails and website data, and take technical and legal steps to keep you off ChromeHost’s network if we suspect that you are in breach of these Terms of Service, or are past due by more than 3 days on your account balance (subscription payment), causing possible legal liabilities, acting inconsistently with the letter or spirit of our policies, your use of any Product or Service degrades the quality and performance of the ChromeHost network, if you purchased ChromeHost Product or Services from an unauthorized reseller, or for other similar reasons, with immediate effect and without recourse to the courts. ChromeHost shall effect such termination by preventing access to your account and to the ChromeHost network as well as delete any website content, data, or domain names stored on our network. If you provided a valid email address, ChromeHost may provide notice to you by email, but is not under obligation to notify you.
All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the agreement, including without limitation, all of your representations, warranties and indemnification obligations.
You acknowledge and agree that any termination of the Service under any provision of this Agreement may be effected without prior notice, and agree that ChromeHost may immediately thereafter delete any and all hosted data, backup files, email files, domain names, account settings, network addresses and any other content within your account that is stored on the ChromeHost network.
You acknowledge and understand that if the ChromeHost Service or Products do not function as a result of a force majeure event, ChromeHost will not be in breach of any of its obligations toward you under these Terms of Service. A force majeure event means any event beyond the control of ChromeHost. In the event ChromeHost is affected by a force majeure event, it shall post a notification on the ChromeHost website or contact you directly concerning the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. ChromeHost will not accept any liability for the consequences arising out of a force majeure event.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE, ALONG WITH ITS PRODUCTS AND SERVICES, ARE PROVIDED BY CHROMEHOST ON AN “AS- IS” AND “AS-AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, AND OUR PRODUCTS AND OUR SERVICES ARE AT YOUR SOLE RISK.
CHROMEHOST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CHROMEHOST MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHROMEHOST OR THROUGH OR FROM ANY OF ITS SERVICE PROVIDERS SHALL CREATE ANY WARRANTY ABOVE AND BEYOND THAT WHICH IS EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHROMEHOST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHROMEHOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED, OBTAINED, STORED, SENT OR RECEIVED FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Except in relation to such liability as has been expressly excluded the maximum aggregate liability of ChromeHost in contract, tort, statutory duty or otherwise (even where ChromeHost has been advised of the possibility of such loss or damage) for any loss or damage whatever arising from or in relation to this Agreement shall be limited to lessor of (i) $500; (ii) the monthly cost of the Service which has been paid for a given month. This limit shall also apply in the event that any exclusion or other provision contained in these Terms and Conditions is held to be invalid for any reason and ChromeHost becomes liable for loss or damage that would otherwise have been limited.
By visiting ChromeHost, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and ChromeHost or its affiliates.
Any dispute relating in any way to your visit to ChromeHost or to products and services you purchase through ChromeHost shall be submitted to confidential arbitration in Dallas, Texas, except that, to the extent you have in any manner violated or threatened to violate ChromeHost’s intellectual property rights, ChromeHost may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.