ComfortHost Terms and Conditions
The following Terms of Service (herein named TOS) applies to all websites/domains hosted by ComfortHost. The term "applies" is defined as total content of each website/domain, as well as "links" from any website/domain, or to any website/domain.
1. Pornography and sex-related merchandising are prohibited. This includes sites that may infur sexual content, or links to pornography elsewhere. Nude "art" is permitted.
2. You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization.
3. Piracy, hacking, cracking, phreaking, warez, pyrotechnics, exploitive software or text that educates or encourages this activity and/or use are not allowed.
4. You may not upload ROMs and Emulators. This is non-negotiable.
5. You may not publish any material that is grossly offensive, including , exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, or invasion of privacy. This includes material that defames, abuses, harasses or threatens any person or group.
6. Spam is not allowed, and you may not reference ComfortHost in any unsolicited email that you send.
7. You may not use your service in the commission of any crime that violates the laws of local, state, and federal government of the United States of America.
8. You are solely and fully responsible for the contents of your account. Any and all repercussions will be born solely by you as the account holder.
9. In no event will ComfortHost be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use ComfortHost's services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.
10. We reserve the right to terminate any account without warning or notice if any of the above restrictions are violated and to examine the contents of any account at any time.
Dedicated Hosting Policies
Comforthost.NET is a responsible citizen of the Internet. As such, we feel it is important to ensure that our customers adhere to our policies to ensure that their respective business and surfing is completely legal and ethical.
Ports that ComfortHost.NET Blocks
All comforthost users are required to comply with this policy, along with any and all applicable laws and regulations in full. This is in addition to any terms and conditions of applicable agreements. comforthost works to provide its customers with the highest quality services available, while respecting the standards that have been created both by the Internet community, and through legislation. To that end, inappropriate or abusive activities and conduct will not be tolerated by ComfortHost.NET. comforthost reserves the right to modify this ToS from time to time, without notice. Users are encouraged to review this ToS often for changes or new information. Please send questions, comments, or complaints regarding this ToS to firstname.lastname@example.org As an Internet Service Provider, it is not practical for comforthost to monitor the content of information passing through its network. comforthost exercises no control whatsoever over the content of any information passing through its network and is not responsible for damages customers may suffer for any reason. Any persons or organizations, including comforthost customers, who publish material or information made accessible through ComfortHost.NET are solely responsible for the content of such material and information, and are solely responsible to know and comply with the laws applicable to the publication of such materials and information. comforthost will cooperate with legal authorities in the investigation of any suspected criminal or civil infringements.
Responsibilities: In addition to being responsible for their own actions, each comforthost customer is responsible for the activities of its customer base or end-users and, by accepting service from comforthost, agrees to inform its customers and/or end-users of this AUP or its own AUP, which must not be inconsistent with the terms herein. comforthost customers may not misrepresent themselves to be someone they are not. Use of an identity other than one's own (i.e. an alias or identity theft), or use of a stolen or fraudulent credit card, is grounds for immediate termination.
Configuration: All systems which are connected to comforthost's network shall be configured in accordance with industry standards, applicable laws, and regulations; and, in particular, must conform with approved RFC standards documents, which are published periodically by the IETF: http://www.ietf.org/rfc.html. Systems on comforthost's network may not be configured in any way which obscures system identification information. Proxy servers of any kind must be configured to prevent unauthorized use.
Reporting: Customers of comforthost are responsible for immediately reporting any issue which could compromise the stability, service or security of any user or system connected to comforthost's network. Prohibited Use These lists are intended to illustrate some, but not all, inappropriate and improper conduct, which are prohibited by ComfortHost.NET. Illegal Use comforthost's services are only to be used for lawful purposes. Customers may not transmit, retransmit or store material in violation of any federal or state laws or regulations, including, but not limited to, obscenity, indecency, defamation or material infringing trademarks or copyrights. comforthost customers may not abuse or fraudulently use comforthost products and services, nor allow nor permit such use by others. Child Pornography It is illegal under Federal child exploitation statutes to possess, produce, receive, transport or distribute by any means, including computer, sexually explicit visual depiction of children.
Abuse: The following general actions are considered "abuse" and are prohibited: General: Any conduct which is inconsistent with generally accepted norms and expectations of the Internet community (whether or not detailed in this AUP). comforthost reserves the right, in its sole discretion, to make a determination whether any particular conduct violates such norms and expectations.
Traffic Filtering and Blocking: ComfortHost.NET reserves the right to filter and/or block any traffic pattern and/or content that is deemed as malicious in nature or violates this AUP. Traffic filtering and/or blocking may be handled either by manual or automated means however an action is not guaranteed. ComfortHost.NET will attempt to notify a customer in the event that traffic is filtered or blocked, however notification is not guaranteed. Email Users are prohibited from engaging in improper use or distribution of email. Users are strictly prohibited from engaging in any of the following activities:
Mass or commercial email may be sent only to recipients who have expressly requested receipt of such emails, by the sending of an email request to the person performing the mass or commercial mailings. This exchanging of requests, acknowledgments, and final confirmations ("confirmed opt-in") must be adhered to in their entirety for any mass or commercial email to be considered permitted by comforthost.
Note: comforthost discourages the sending of bulk mail, and only permits such mailings in rare cases, and then only after Confirmed Opt-In has been verified.
In the absence of positive, verifiable proof to the contrary, which must be provided before the mail campaign is initiated, comforthost considers complaints by recipients of emails to be de-facto proof that the recipient did not subscribe or otherwise request the email(s) about which a complaint was generated.
IRC Servers: Comforthost does not support IRC services on our network. We will not provide additional IPs, technical support. We do not block IRC ports, or otherwise limit the use of IRC services. However, if an IRC service leads to any malicious activities or problems on our network we reserve the right to suspend or cancel the server in question.
DMCA Policy: It is the policy of ComfortHost.NET to respond expeditiously to claims of intellectual property infringement. ComfortHost.NET will promptly process and investigate notices of alleged infringement and will take appropriate actions under 17 USC §512 ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, when it is under its control, ComfortHost.NET will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. ComfortHost.NET will terminate access for customers who are repeat infringers. Webhosting customers must adopt and implement a DMCA policy that reserves the necessary rights to remove or disable infringing material. If you believe that a copyrighted work has been copied and is accessible on our network in a way that constitutes copyright infringement, you may notify us by providing our registered copyright agent with the following information:
Notices of claimed infringement should be directed to email@example.com .
Note: It is assumed that complainants have explicitly requested communication from the comforthost abuse department ( firstname.lastname@example.org ), and that such communication will be pre-authorized by the complainant. If email replies to the complainant are blocked, challenged, or otherwise frustrated, then comforthost will interpret this as a desire by the complainant to cease communication and to withdraw the claim.
Suspension and Termination: comforthost may immediately suspend or terminate the service of a customer as a result of the violation of any part of this policy through verbal or written notice, which may be provided through email or voicemail. Generally, comforthost will work to resolve violations of this AUP and ensure there are no future violations; however, comforthost reserves the right to suspend or terminate service based on the first violation.
Renumeration: Customers who violate any of the provisions of this policy may incur "clean-up" fees to cover the costs of handling AUP violations, complaints, and technician expenses. The amount of the fees may vary, but will be commensurate with the violations.
Disclaimer of Liability: comforthost has no practical ability to restrict conduct, communications or content which might violate this AUP prior to its transmission on comforthost's network. In addition, comforthost cannot guarantee removal of any such communications or content after transmission. Therefore, comforthost does not assume liability to customers or others for any failure to enforce the terms of this AUP. Further, comforthost's failure to enforce this policy in any instance in which it might have application does not constitute a waiver of comforthost's rights.
Terms of Service
Important Notice: ComfortHost.NET is a brand of Foroquimica SL.("The Company") who agrees to furnish services to the Customer, under ComfortHost.NET brand, subject to the following TOS (Terms of Service). Use of ComfortHost.NET Service constitutes acceptance and agreement to ComfortHost.NET's AUP as well as ComfortHost.NET's TOS (Terms of Service).
Disclosure to Governmental Agencies and Law Enforcement: The AUP specifically prohibits the use of comforthost service for illegal activities. Therefore, Customer agrees that the Company may disclose any and all Customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Customer. In addition ComfortHost.NET shall have the right to terminate all service set forth in this Agreement.
Service Rates: Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Customer. Customer is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. All accounts and services provided by ComfortHost.NET are subject to the current European tax rates as imposed by the EU presidence.
Payments and Fees: Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge and reconnection is at comforthost's sole discretion. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by ComfortHost.NET may be turned over to an outside collection agency for collection. If your comforthost account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your comforthost account, please follow the proper procedure to do this as outlined in this TOS.
Refund and Disputes: All payments to ComfortHost.NET, Inc. are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 10 days of the time the dispute charge occurred. If you dispute a charge to your credit card issuer that, in ComfortHost.NET's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay ComfortHost.NET an "Administrative Fee" of not less than $50 and not more than $150.
Failure to Pay: comforthost may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation: All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to
ComfortHost.NET (Foroquimica S.L.) Attn: Cancellations Paratge Masos 9
17162 Bescano Spain
or you may email email@example.com or use the cancellation webpage in our web customer interface http://www.comforthost.net/billing . You must have all account information to cancel. Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Customer further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into comforthost DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by ComfortHost.NET, Inc. on behalf of the account holder a handling fee will be incurred.
Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to ComfortHost.NET, Inc. will require a minimum of seven (7) days to be set up and entered into comforthost DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by ComfortHost.NET, Inc. on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
Support Boundaries: ComfortHost.NET, provides 24 x 7 technical support to comforthost Customers (except for few holidays and short company meetings when we close comforthost's Datacenter center.) We limit comforthost technical support to comforthost's area of expertise. The following is comforthost guidelines when providing support: ComfortHost.NET provides support related to your server, internet access connection or virtual site physical functioning. Comforthost does not offer tech support for application specific issues such as cgi programming, html or any other such issue. ComfortHost.NET does not provide technical support for YOUR customers. If you can email, we encourage you to email firstname.lastname@example.org for assistance. If you are able to get online and have other questions, the answers may be on ComfortHost.NET home page at http://www.comforthost.com/ - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
SPAM and Unsolicited Commercial Email (UCE): ComfortHost.NET takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over comforthost network. Very simply this means that customers of ComfortHost.NET may not use or permit others to use comforthost network to transact in UCE. Customers of ComfortHost.NET may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Violation of ComfortHost.NET SPAM policy will result in severe penalties. Upon notification of an alleged violation of comforthost SPAM policy, ComfortHost.NET will initiate an immediate investigation (within 48 hours of notification). During the investigation, ComfortHost.NET may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of comforthost SPAM policy, ComfortHost.NET may, at its sole discretion, restrict, suspend or terminate customer's account. Further, ComfortHost.NET reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ComfortHost.NET will notify law enforcement officials if the violation is believed to be a criminal offense. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that ComfortHost.NET personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. As comforthost Customers are ultimately responsible for the actions of their clients over the ComfortHost.NET network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE: Anyone hosting websites or services on their server that support spammers or cause any of comforthost IP space to be listed in any of the various Spam Databases will have their server immediately removed from comforthost network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from comforthost network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from comforthost network without notice.
Network IP Address Ownership: If ComfortHost.NET assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to ComfortHost.NET, and Customer shall have no right to use that Internet Protocol address except as permitted by ComfortHost.NET in its sole discretion in connection with the Services, during the term of this Agreement. ComfortHost.NET shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by ComfortHost.NET, and ComfortHost.NET reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. comforthost allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). ComfortHost.NET will monitor Customer's bandwidth and disk usage. ComfortHost.NET shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges or disconnection.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the ComfortHost.NET Network. Violations of system or network security may result in civil or criminal liability. ComfortHost.NET will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Notification of Violation: ComfortHost.NET is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through comforthost AUP to monitor or police Internet-related activities.
Indemnification: ComfortHost.NET wishes to emphasize that in agreeing to the ComfortHost.NET Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies ComfortHost.NET for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS, that results in loss to comforthost or the bringing of any claim against ComfortHost.NET by any third-party. This means that if ComfortHost.NET is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against ComfortHost.NET, plus all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. A waiver by the Company of any breach of any provision of this Agreement by Customer shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. Customer shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Customer. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
Comforthost takes no responsibility for any material input by others and not posted to the ComfortHost.NET Network by ComfortHost.NET. ComfortHost.NET is not responsible for the content of any other websites linked to the ComfortHost.NET Network; links are provided as Internet navigation tools only. ComfortHost.NET disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
Comforthost is not responsible for any damages your business may suffer. ComfortHost.NET does not make implied or written warranties for any of comforthost services. ComfortHost.NET denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ComfortHost.NET. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content: You, as ComfortHost.NET's customer, are solely responsible for the content stored on and served by your ComfortHost.NET server.