The following TERMS OF
SERVICE detail the conditions for services provided by
ThePoodles.com. This document constitutes a binding
agreement between ThePoodles.com and the user of the
services provided. These terms must be accepted by the user
prior to the provision of the Services ordered through
submission of the registration form. By ordering the
services, you agree to be bound by the terms and conditions
stipulated below without modification. Hosting Fees and
Payment Hosting fees (paid
annually) shall be forwarded prior to commencement of
services. Hosting fees are
non-refundable after the first 30 day guarantee
period. The hosting fee
entitles you to one year of hosting. There shall be no
additional costs to the customer for a period of one year
after commencement of service. All accounts expire after one
year and accounts will be charged the same fee for an
additional year of hosting. ThePoodles.com will email you
with renewal details. Term and
Termination 1. When you sign up
for the services provided by ThePoodles.com, this agreement
shall become applicable and effective. 2. ThePoodles.com
reserves the right to terminate this agreement and the
customer's site due to any breach of the provisions
stipulated herein. The decision to terminate an account
shall be left to the sole discretion of ThePoodles.com and
ThePoodles.com shall not be compelled to give reasons for
any actions taken in this respect. ThePoodles.com shall have
no obligation to refund any fees that are clearly stated to
be non-refundable. We reserve the right to delete any site
deemed unacceptable for any reason without prior
notice. 3. The customer may
terminate the services at any time by contacting
ThePoodles.com via email. There shall be no refund of fees
paid after the first 30 day guarantee period. 4. Members will be
responsible for their own web site development, operation
and maintenance. 5. Members will be
solely responsible for all products, contents and materials
appearing online or on their website. 6. Members will be
responsible for the accuracy and appropriateness of content
and materials appearing on their website. 7. Members will be
responsible for ensuring that the content and materials
appearing on their pages do not violate or infringe upon the
rights of any third parties. 8. Members will be
responsible for ensuring that the content and materials
appearing on their pages are not libelous or otherwise
illegal. 9. Members will be
responsible for the final calculation and application of
shipping and sales tax and for accepting, processing,
filling and shipping any customer orders or any other
e-commerce transactions that they may be engaging
in. 10. Members will be
responsible for the security of any customer credit card
numbers and related customer information that are obtained
or accessed as a result of conducting electronic commerce
via their Site and to keep all such information confidential
and to exercise the same degree of care and security
standard in the industry. Bandwidth and Disk
Space You must agree that
Disk Space usage and Data Transfer shall not exceed the
number of megabytes per month for the services ordered by
you through the registration. This usage shall be monitored
and measured by ThePoodles.com. Any Disk Space or Data
Transfer usage in excess of the agreed upon number of
megabytes per month may result in corrective action by
ThePoodles.com, in its sole discretion including additional
charges, disconnection or discontinuance of any and all
services, or termination of this Agreement. In the event
that ThePoodles.com elects to take any corrective action,
you shall not be entitled to a refund of any fees paid in
advance prior to such corrective action. Prior to any such
action by ThePoodles.com you will be notified by
email. Amendments ThePoodles.com
reserves the right to amend the service offerings and add,
delete, suspend or modify the terms and conditions of the
services set forth in this Agreement, at any time, and to
determine whether and when, at its sole discretion, any such
changes apply to both existing or future members. Content This service is
provided for both Businesses and Private Home users.
ThePoodles.com is not responsible for the content of any web
page hosted by ThePoodles.com. The opinions and views
expressed in ThePoodles.com hosted pages do not necessarily
reflect those of ThePoodles.com. The contents of the web
pages hosted on ThePoodles.com are not reviewed in any way
before they appear on the web page. As the author of web
pages hosted by ThePoodles.com, you take full responsibility
for their contents. Do not use the web space provided by
ThePoodles.com to provide material that is grossly offensive
to the web community, including, but not limited to, blatant
expressions of bigotry, racism, hatred, profanity or for
promoting or providing instructional information about
illegal activities or promoting physical harm or injury
against any group or individual. ThePoodles.com
services shall only be used for lawful purposes. ThePoodles.com hosted pages cannot
contain, or provide links to, materials that ThePoodles.com,
in its sole discretion, may consider illegal or offensive,
including, but not limited to: Trademarked material not
belonging to you -- for example, wordmarks, design marks
or a combination thereof -- without prior consent of the
trademark owner; Foul language; Hate-group
propaganda; Mail fraud; Pyramid or Ponzi
schemes; Insults to other persons or
companies, including but not limited to: material that is
obscene, threatening, harassing, libelous or in any way a
violation of intellectual property laws. Members shall not use their
ThePoodles.com hosted web pages to conduct the following
activities: Sell weapons or promote the use
thereof; Send bulk/spam e-mail from
ThePoodles.com server, or sending such e-mail with
ThePoodles.com web site listed as the contact
address; Send mass/spam news
postings; Advertise or distribute software
or services that may contribute to news or e-mail
spamming; Host a banner
exchange; Disclose the trade secrets of
any other entity or individual; Use patented materials without
the prior consent of the patent owner; Host WAREZ, CRACKS and/or
SERIALZ on ThePoodles.com systems or accounts;
or Conduct any other activities,
that ThePoodles.com determines, in its sole discretion,
to be illegal or an unreasonable drain on system
resources. It is not permissible to use
ThePoodles.com servers for the following
purposes: To connect directly to external
servers using, for example, Internet Relay Chat (IRC),
port scanning or any other unauthorized
connection; To open sockets of any kind
including but not limited to ICQ, IRC; To provide CGI for any third
party; To act as a file repository or
to serve files for other sites; or To conduct any other activity
that ThePoodles.com determines, in its sole discretion,
to be an improper use of ThePoodles.com
servers. ThePoodles.com reserves the right
to terminate your ThePoodles.com account or remove any page
it determines, in its sole judgment, is in violation of any
provision of this Agreement. Disclaimer of
Warranties Member understands that the
internet and other various networking communication mediums
are not secure, unless explicitly specified as such, and may
be subject to interception or loss. ThePoodles.com makes no
warranties of any kind, either express, implied or
statutory, concerning the data or information available
through ThePoodles.com hosting network or the Internet.
ThePoodles.com services are provided on an "AS IS" basis.
ThePoodles.com makes no representations or warranties of any
kind, express or implied, including without
limitation: -THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT; -THAT THE HOSTING SERVICES WILL
MEET YOUR REQUIREMENTS OR WILL ALWAYS BE AVAILABLE,
ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT
ERROR; -ANY IMPLIED WARRANTY ARISING FROM
A COURSE OF DEALING OR USAGE OF TRADE; AND -ANY OBLIGATION, LIABILITY, RIGHT,
CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE
NEGLIGENCE OF ThePoodles.com -TO THE FULL EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, ThePoodles.com DISCLAIMS ANY AND ALL
SUCH WARRANTIES. Limitation of
Liabilities IN NO EVENT SHALL ThePoodles.com BE
LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND
CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH
THIS TERMS OF SERVICE AGREEMENT, THE HOSTING SERVICES, OR
THE INABILITY TO USE THE HOSTED SITE. ThePoodles.com's
liability to the Member for actual damages for any cause
whatsoever, regardless of the form of the action, will be
strictly limited to a maximum of the Fees paid. ThePoodles.com, ITS OFFICERS,
DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE
TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM
THE USE OF THE HOSTING SERVICES, CAUSED IN WHOLE OR IN PART
BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN
PROCURING, COMPILING, INTERPRETING, REPORTING, MAINTAINING
OR DELIVERING THE SERVICES. ThePoodles.com, ITS OFFICERS,
DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE
TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM
THE USE OR INABILITY TO USE THE SERVICES.
Copyrighted material not
belonging to you -- for example, music, images, software
or video -- unless you have the prior consent of the
copyright owner;
To launch malicious
attacks on other servers including, but not limited to,
denial of service attacks, mail bombs, hack attacks,
spamming, port scanning or port probing;