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SPRYS.NET TERMS OF SERVICE

THIS AGREEMENT BETWEEN ADAM SPRY Trading As: SPRYS.NET.
(hereafter referred to as "Sprys.Net" and Account Holder (hereinafter referred to as "User")

WHEREAS Sprys.Net provides the service (the "Service") of hosting web sites and email services;

AND WHEREAS User desires to subscribe to the Service on the terms and conditions contained herein;

THEREFORE in consideration of the agreements contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby irrevocably acknowledged by the parties) Sprys.Net and User agree as follows:

  1. The Service. Sprys.Net agrees to provide User with a specified amount of storage space on the Sprys.Net server for the purpose of hosting a web site (the "Site").
  • Limitations. The Service is subject to the following limitations:
    1. File Size. Files larger than 1 Mb cannot be uploaded to the Sprys.Net server, such files will be deleted automatically without notice to User.
    2. CPU Resources. User acknowledges that the Service is provided on a shared server and agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the Sprys.Net server, including without limitation, use of highly active CGI scripts or chat scripts.
    3. User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following:
      1. any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
      2. nudity or pornography;
      3. content that exploits children under 18 years of age;
      4. hate propaganda;
      5. racist, threatening, or otherwise abusive content;
      6. the promotion or incitement of, or instruction for, the commission of illegal activities;
      7. mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities;
      8. content promoted through the sending of unsolicited e-mail (also known as spamming);
      9. sending of unsolicited e-mail (spam) from the Sprys.Net server, or any other server that refers to content on the Sprys.Net server;
      10. warez, cracks, hacks, spam software & their associated utilities;
      11. mpeg layer two or three files (MP2 or MP3);
      12. information or other material that contains a virus, corrupted data or any other harmful or damaging component;
    4. Idem. User agrees that Sprys.Net is not responsible for content on pages hosted on member sites and acknowledges that Sprys.Net does not endorse or verify any such material.
    5. Idem. User agrees to assume full responsibility for all files associated with the Site and acknowledges that User may be held legally for the contents of the Site.
    6. Backup and Monitoring. User is solely responsible for creating backups of any files associated with the Site and for monitoring the Site.
    7. Notice to Officials. If Sprys.Net determines that law enforcement officials should be notified regarding potentially illegal content on the Site, User agrees that Sprys.Net may provide copies of User’s web pages to the appropriate officials without notice to user. Sprys.Net will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
    8. Policies and Guidelines. User agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by Sprys.Net anywhere on the site www.sprys.net

  • Amendments. User agrees to be bound by any amendments to this Agreement that are set out, from time to time, by Sprys.Net anywhere on the site www.sprys.net

  • 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:
    1. Sprys.Net 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;
    2. Sprys.Net 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;
    3. Sprys.Net makes no representations, warranties or guarantees with regards to server reliability, speed or consistency;
    4. Sprys.Net 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;
  • Limitation of Liability. Sprys.Net is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the Sprys.Net server; or losses or damages arising from the use of the services provided by Sprys.Net. For greater certainty and without limitation to the generality of the foregoing:

    (a) Sprys.Net 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 Sprys.Net, if any, for the prior 12 months;

    (b) in no event will Sprys.Net 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;

    (c) Sprys.Net, 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;

    (d) in no event shall Sprys.Net be liable for any damages, whatsoever, as a result of the notifying any official of potentially illegal content on the Site, providing copies of User’s web pages to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;

    (e) In no event shall Sprys.Net be liable for any damages, whatsoever, as a result of the termination of this Agreement pursuant to Article 8.

  • Indemnity. User agrees to indemnify and hold Sprys.Net harmless from and against, and to reimburse Sprys.Net 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 Sprys.Net 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.
  • Termination.
    1. Either of Sprys.Net or User may terminate this Agreement at any time upon providing five business days prior notice to the other party.
    2. Sprys.Net may terminate this Agreement, discontinue the Service and delete the Site at any time without notice to User in any of the following circumstances:
      1. User violates any term of this Agreement, any municipal, provincial or National laws or regulations, or any policy or guideline set out, from time to time, by Sprys.Net anywhere on the site www.sprys.net

      2. User engages in conduct or posts material on the Site that Sprys.Net in its sole discretion believes is harmful to other Users, the business of Sprys.Net or any third-party;
      3. 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 Sprys.Net server;
      4. User disputes the terms of this Agreement or any amendment set out, from time to time, by Sprys.Net anywhere on the site www.sprys.net
    3. Following termination of this Agreement, for any reason, User agrees not to use the Service or the Site in any manner or for any reason.
  • General.
    1. Consent to Breach Not Waiver. No term or provision of this Agreement is deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party claiming to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, does not constitute a consent to, waiver of, or excuse for, any other different or subsequent breach.
    2. Governing Law. This Agreement is governed by and construed in accordance with the applicable laws of the United Kingdom.
    3. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect.
    4. Entire Agreement. This Agreement, together with all policies, guidelines and amendments set out, from time to time, by Sprys.Net anywhere on the site www.sprys.net,
      constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written.
    5. Survival. Any terms and conditions of this Agreement which by their nature extend beyond the term or expiry of this Agreement shall survive the termination or expiry of this Agreement. This includes, without limitation, Article 5 (No Representations or Warranties), Article 6 (Limitation of Liability), Article 7 (Indemnity), and this Article 9 (General).
    6. Headings. The headings and captions used in this Agreement are inserted only as a matter of convenience and for reference and in no way are to be construed as defining, limiting, or describing the scope or intent of this Agreement.
    7. Remedies Cumulative. Unless otherwise set out in this Agreement the rights and remedies granted to each party under this Agreement are cumulative and are in addition to each party's rights provided by law or otherwise. Each party may exercise its rights concurrently or separately and the exercise of one remedy is not deemed an exclusive election of that remedy or preclude the exercise of any other remedy.
    8. Counterparts or Electronic Acceptance. This Agreement may be executed in counterparts, each of which is deemed to be an original and all of which together are deemed to be one and the same instrument, or may be executed by indicating assent through electronic means.
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