By using the Web Hosting services
provided by Spectrum Web Services you agree to the following:
Services, it's owners, affiliates, and partners (hereafter
referred to as SWS) will not be held responsible for any loss
of data stored on servers operated by SWS. Furthermore, SWS
will not be held liable for any loss of business or financial
loss due to said loss of data.
While the servers
operated by SWS have an exceptional uptime of greater than
99%, SWS will not guarantee services to be available at any
particular time, or for any particular length of time.
Furthermore, SWS will not be held liable for any loss of
business, or financial loss due to services not being
available at any particular time or for any particular
contain any form of pornographic material or text or web sites
hosting direct hyperlinks to any form of pornographic material
contain, links to, sells, displays, or allows downloads or
file transfers of any type of copyrighted material to which
the website owner does not have legal rights to use, are
forbidden. Also included but not limited to; any infringement of copyright, trademark, patent, trade secret or other intellectual property right.
contain or directly link to any form of device used to defeat
the copy protection of any software or copyrighted material is
directed to any person or group in any form is forbidden. This
includes but is not limited to; racist, threatening, or otherwise abusive content.
the promotion or incitement of, or instruction for, the commission of illegal activities
or involved in mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities
or participating in any form of spam or unsolicited emailing
User agrees that
SWS is not responsible for content on pages hosted on member sites and acknowledges that
SWS does not endorse or verify any such material.
User agrees to assume full responsibility for all files associated with the Site and acknowledges that User may be held legally
responsible for the contents of the Site.
Backup and Monitoring. User is solely responsible for creating backups of any files associated with the Site and for monitoring the Site.
Notice to Officials. If
SWS determines that law enforcement officials should be notified regarding potentially illegal content on the Site, User agrees that
SWS may provide copies of User's web pages to the appropriate officials without notice to user.
SWS will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
These terms of
service may change at any time, without notification. It is
the responsibility of the user of the listed services to
periodically check these terms of service for changes or
alterations that may happen from time to time.
No Representations or Warranties. The Service is offered on an "as is" basis without any representations or warranties of any kind either expressed or implied. For greater certainty and without limitation to the generality of the foregoing:
SWS makes no representations, warranties or guarantees of any kind whether written or verbal regarding the reliability of the Site provided or any other services offered;
SWS is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons;
SWS makes no representations, warranties or guarantees with regards to server reliability, speed or consistency;
SWS makes no representations, warranties or guarantees as to the accurateness or correctness of any content on any of the Sites and is not responsible for any errors or omissions arising from the use of such information;
SWS may link to or include on its Web resources, information provided by third party partners and providers.
SWS does not guarantee or warrant the reliability of this information nor does
SWS recommend any of these services;
User expressly agrees that use of the E-mail service is at their sole risk. The E-mail services are provided on an "as is" and "as available" basis.
SWS may change the features or functionality of the E-mail services at any time, in our sole discretion.
SWS expressly disclaim 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;
SWS makes no warranty the E-mail services will meet User's requirements, or that the E-mail services will be uninterrupted, timely, secure, or error free; nor does
SWS make any warranty as to the results that may be obtained through the E-mail service or that defects in the software will be corrected;
User understands and agrees any material and/or data downloaded or otherwise obtained through the use of the E-mail service is done at their own discretion and risk and User will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data;
SWS makes no warranty regarding any goods or services purchased or obtained through the E-mail service or any transactions entered into through the E-mail service; and
No advice or information, whether oral or written, which User obtains from
SWS or through the E-mail services shall create any warranty not expressly made herein.
Limitation of Liability. SWS is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the
SWS server; or losses or damages arising from the use of the content or services provided by
SWS. For greater certainty and without limitation to the generality of the foregoing:
SWS liability to User for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the fees paid by User to
SWS, if any, for the prior 6 months;
in no event will SWS be liable to User for any indirect, incidental, or consequential damages arising out of the Service or in connection with the Site or any other services or products provided to User;
SWS, its officers, directors, owners, agents and employees, shall in no way be liable to User or anyone else for any loss or injury resulting from use of the Service or the Site;
in no event shall SWS be liable for any damages, whatsoever, as a result of the notifying of any official of potentially illegal content on the Site, providing copies of User's said Site to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
In no event shall SWS be liable for any damages, whatsoever, as a result of the termination of this Agreement pursuant to
Indemnity. User agrees to indemnify and hold SWS harmless from and against, and to reimburse
SWS with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) or every nature whatsoever incurred by
SWS by reason of or arising out of or in connection with (i) any breach of this Agreement by User; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content on the Site; or (iv) illegal, libelous, or defamatory content on the Site.
Either SWS or User may terminate this Agreement at any time upon providing five business days prior notice to the other party.
SWS may terminate this Agreement, discontinue the Service and delete the Site at any time without notice to User in any of the following circumstances:
User violates any term of this Agreement, any municipal, provincial or federal laws or regulations, or any policy or guideline set out, from time to time, by
User engages in conduct or posts material on the Site that SWS in its sole discretion believes is harmful to other Users, the business of
SWS or any third-party;
User engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the
By continuing you
state that you have read and agree to the Terms of Service as
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