Web Hosting and Webmaster Services for Synagogues
Terms of Service
This Registration Agreement sets forth the terms and conditions of your use of web hosting and related services. In this Agreement "you", "your" or "client" will refer to you and all agents and users of the website hosted with Atarim, LLC, ShulHost.com, and our service providers. "We", "us", and "our" refers to Atarim, LLC, ShulHost.com, and our service providers.
Passage of time
This Agreement may change over time. If, as a result of such a change, you no longer agree with the terms of this Agreement, you agree that your exclusive remedy is to transfer your hosting services to another registrar or request of us that we cancel your web hosting services. If you continue to use the Services following a change in this Agreement and/or the Services, your continued use of the Services indicates your consent to the changes. Any such revision or change will be binding and effective within 30 days of when the revised Agreement or change to the Services is posted to the website of the service provider, or 15 days after you view the revised Agreement or 15 days after notification is sent to the e-mail address provided in association with your domain name registration. You agree to review this Agreement periodically to make yourself aware of any such revisions.
We reserve the right to move or subcontract services to another service provider, including for example domain registration services, data center operations, and server management. In such a case, the client will be expected to follow additional terms of service set by the third party service provider.
Lawful purposes and unacceptable content
Atarim, LLC, ShulHost.com, and our service providers' services may only be used for lawful purposes. Transmission of any material in violation of International, Federal or State regulation is prohibited. This includes but is not limited to material judged to be threatening or obscene, and material protected by trade secret laws. In addition, Atarim, LLC, ShulHost.com, and our service providers reserve the right to determine if content is unacceptable at our own discretion.
If you are found in violation of this Agreement, your account will be terminated without notice and you may forfeit all funds that have been paid to Atarim, LLC, ShulHost.com, and our service providers.
You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.
You shall not post, link to or transmit: (a) Any material, which is unlawful, threatening, abusive, malicious, defamatory, blasphemous, or otherwise objectionable in any way. (b) Any material containing a virus or other hostile computer program. (c) Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
Examples of content that is not acceptable includes: "Pirated software" or "Warez", "Hacker programs and/or archives", "IRC Bots", "Gambling Related", "Copyrighted Mp3's", cgi-based message boards. Warez includes pirated software, ROMS, emulators, phreaking, phishing, hacking, software or password cracking, IP spoofing, etc., and encrypting of any of the above, and includes any sites that provide "links to" or "how to" information about such material. "Hacking" content may be deemed acceptable if used in a "how to test and prevent" context. Please contact our staff if you have any questions on this. Under no circumstances may you have pornography, obscenity, or any content that may be considered illegal within the boundaries of the United States. Atarim, LLC, ShulHost.com, and our service providers reserve the right to determine at our own discretion if content is unacceptable.
You specifically agree to indemnify and hold Atarim, LLC, ShulHost.com, and our service providers harmless from any claims resulting from a breach of these terms, and/or use of the service, which damages another.
Denial of Service Attacking
We have a zero tolerance policy on deliberate Denial Of Service attacks, either against our servers, or from our servers. If your account is found to be deliberately causing Denial of Service to our servers, or any other server or equipment, then you will be held liable for damages, including but not limited to labor to diagnose and repair service, at a minimum of $200/hour ($400/hour on evenings, nights, and weekends, $600/hour on holidays.)
If an intentional DOS attack brings down our servers, causes interruption to our network, or causes our network provider to block our services, then the responsible party will also be financially accountable for downtime of services. Damages are at a rate of $500 per hour until service is restored.
SPAM will be defined as "Unwanted email sent to multiple strangers, generally for the purpose of advertising." All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to Atarim, LLC, ShulHost.com, and our service providers upon request.
Purchased lists of email addresses are NEVER allowed.
SPAM in any shape or form is NOT permitted and is grounds for immediate account termination. Mailing lists via a mailing list manager are acceptable as long as the lists are OPT-IN lists that people have signed up for FROM YOUR SITE. Spam complaints about users will not be tolerated.
Anyone caught intentionally spamming, or purposely opening relay ports for spamming will be terminated immediately, and will be held financially responsible for labor of an engineer to repair any and all damages at a minimum of $200/hour ($400/hour on evenings, nights and weekends, $600/hour on holidays.)
If intentional spamming, DOS attacking, phishing, or any other form of abuse, gets any of our servers put on any blacklist of any kind, the responsible party will be responsible for downtime services. Damages are at a rate of $500 per hour until service is restored, plus legal fees, and labor.
This is meant purely to protect our honest clients.
If you maintain an opt-in mailing list with your web site, you MUST include:
1) A working opt-out procedure for your members that is in plain sight in every email.
2) A mechanism to handle email bounces, to remove an email after 4 unsuccessful mailings in a row.
3) No "purchased" lists. If you are running a newsletter of people that have opt-ed in at your site, great. If someone signed up looking for a business opportunity at some other site, this is not acceptable, nor is it responsible mailing. This will be considered spam.
If you use a mailing list, you may protect yourself further by including in each email information used at time of opt-in, such as date and IP address.
IRC and chat rooms
Internet Relay Chat (IRC) traffic is not permitted on our servers in any of its many forms including, but not limited to bots and IRC servers. Chat rooms may be allowed on per use basis, so please ask one of our support staff before setting one up. (Some cgi/perl based chat rooms over-utilize the server processor.)
Site content and data
We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.
Security and procedures
You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
You shall observe the procedures, which we may from time to time prescribe and shall make no use of the Server, which is detrimental to our other customers.
You shall ensure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner.
In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company or organization, you warrant that the Services will not be used by anyone under the age of 18 years.
Any access to other networks connected to Atarim, LLC, ShulHost.com, and our service providers must comply with the rules appropriate for those other networks.
While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
Intellectual property rights
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name and all content within your account.
Please refer to our service provider's DMCA Policy for details regarding takedown and reinstatement procedures for sites in possible violation of the Digital Millennium Copyright Act: http://livehost.net/dmcapolicy.html
Transfer of Services
The services provided to you by Atarim, LLC, ShulHost.com, and our service providers, and your account with us, cannot be transferred to another party without the consent of Atarim, LLC, ShulHost.com, and our service providers.
Most of our servers are provided with backup equipment and automated procedures. For liability reasons we cannot guarantee these backups at any given point in time. Backups are typically made on a secondary hard drive on the same server, and therefore cannot be stored off site. If restoration of files or database is required, please submit a support request. Restore requests may take more time than most other support requests.
You acknowledge that Atarim, LLC and ShulHost.com may use the services of other providers, and that you will receive support from Atarim, LLC and ShulHost.com. You will submit support requests to Atarim, LLC and ShulHost.com.
Atarim, LLC, ShulHost.com, and our service providers typically keep a 99.9% uptime, or better, on all of our servers monthly. We try to improve this at all times.
Atarim, LLC, ShulHost.com, and our service providers offers a 99.8% uptime guarantee on the network and Apache web services on all of our servers. Upon request, we will grant a credit or refund of the monthly services upon the following schedule: 5% of the account's monthly payment, for each 30 minutes downtime beyond the allotted percentage, with 50% maximum credit. This uptime guarantee is limited to the basic Apache HTTP service, and network availability.
Clients or users may sometimes make multiple, failed login attempts, and trigger security protocols on a server, and end up getting their own IP address blocked by the server firewall. Such security blocks are by design, and not considered downtime. If this happens to you, please contact support to have the block lifted.
If you hire Atarim, LLC, ShulHost.com, or our service providers to perform custom development work, the finished product, once payment is complete, becomes the property of the client; however, Atarim, LLC, ShulHost.com, and our service providers reserve the right to add this code to our code bank to use on later projects as well without payment to you.
If you violate these terms in any way, shape, or form, your site will be deleted from our network. If allowed back on, and a second violation occurs within a 90 day period, your site will be blocked from our network.
If you (or your agents) upload illegal content, or misuse Atarim, LLC, ShulHost.com, and our service providers' systems in any way, you (or your agents) are knowingly violating the terms of service. You may receive a warning at our discretion. We reserve the right to bypass the warning and suspend the account in question.
If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
If you violate any of these terms and conditions, or allow your sub-accounts to do so, we may terminate this Agreement forthwith upon written notice.
On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.
Accounts may be cancelled by you or by Atarim, LLC, ShulHost.com, and our service providers with or without prior notice.
If we find content that is questionable and may or may not violate the terms of service, we will contact you. If you are planning to upload files that are questionable, please notify us before you upload so we can evaluate them.
You will comply fully with all applicable laws concerning the privacy of on-line communications. Your failure to comply with those laws will violate this Agreement. In accepting this Agreement, you agree to indemnify Atarim, LLC, ShulHost.com, and our service providers for any violation of the service agreement, law, or Atarim, LLC, ShulHost.com, and our service providers' policy, that results in loss to Atarim, LLC, ShulHost.com, and our service providers or the bringing of any claim against Atarim, LLC, ShulHost.com, and our service providers by any third-party. If Atarim, LLC, ShulHost.com, or our service providers are sued because of your activity, you agree to pay any damages awarded against Atarim, LLC, ShulHost.com, or our service providers, plus costs and reasonable attorneys' fees.
Limitation Of Liability
All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services, which are the subject of any such claim.
In any event, no claim shall be brought unless you have notified us of the claim within 6 months of it arising.
In no event shall we ever be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error-free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
All payments must be in US Dollars. The preferred method is PayPal subscriptions. We may accept a check in some situations. If your check is returned by the bank as unpaid for any reason, you will be liable for a "returned check" charge of $30.00 plus late fees if applicable.
All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.
If you cancel an automated payment subscription, without previously making arrangements with us for payment, or continued service, it is assumed that you are canceling service at that point.
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of services to you.
Past due accounts may incur late charges and/or billing charges not to exceed $15 USD, or 15% of the past due amount, whichever is greater for the first 30 days, or any portion thereof.
Suspension of services, for any reason, does not mean you no longer owe the outstanding balance.
A shared hosting account, suspended for non-payment, may be required to pay a reconnect fee, of no more than $15, to be reinstated. A deposit for future service may also be required. For dedicated servers, this reinstatement fee could be higher.
All payments are final, except for refund requests authorized by us under our uptime guarantee.
Atarim, LLC, ShulHost.com, and our service providers will not be held responsible for typographical errors or human mistakes of any kind in advertising, sales or any other department. We will act as quickly as possible to correct such an error.
Cancellations must be made a minimum of two working days prior to the end of the subscription term.
Recommended methods of service cancellation are:
If you exceed your data transfer allocation in a month, your account will be suspended until the beginning of the next month unless you purchase additional allocation by contacting us.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this agreement. Misuse of resources, including but not limited to employing applications which consume excessive CPU time, Chat/IRC, and web proxy scripts, is not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such are not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources; to avoid disappointment please use a PHP message forum. If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use. We may amend these terms of service with or without notice.
We reserve the right to edit the terms of service at any time with or without notice.
Some items in these terms of service may not apply in all cases. Special terms may be negotiated in a pre-sales agreement. Such pre-sales agreements may override specific terms listed here.
Do not agree to these terms of service if you cannot uphold these conditions or the spirit of these conditions.
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