Azudo.com - Azudo's Terms And Conditions

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By subscribing to, purchasing and/or using any of our anonymous services, you are agreeing that you have read, understand and are in compliance with our terms of service agreement as show below.

TITLE OF AGREEMENT

This agreement shall be referred to as the Terms of Service Agreement ("Agreement")

NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the mutual covenants and agreements herein contained and subject to the term and conditions hereafter set out, the parties agree to the following:

This Services Agreement contains the complete terms and conditions which govern your subscription of Anonymous Hosting and/or Anonymous Domain Registration. By clicking on the "Submit" button, you acknowledge that you have read the Anonymous Services Agreement, and you agree to its terms of service.

Our service is considered to be anonymous. We do not request your Name, Address, Phone Number, Fax Number or any other personal or business information except your email address.

If you volunteer any of the above information to Azudo, we will document it in our records. If we receive a legal request from an authority of the United States, we are required by law to turn over any information we have on record.

GENERAL TERMS

If you purchase a Domain(s) from Azudo, you will be issued or you will select a Customer ID# at the time of your order and you will use that Cutomer ID# to maintain control over your account. Under this agreement, you are granted all the rights of domain management as if you were the direct registering party. Azudo acts as a trust. This means that we administer your domains for you as a sub contracted 3rd party. You may buy, sell and manage your domains. You may also redirect your domains to any server and specify DNS for your domains.

If you ever wish to cancel our anonymous service for your domain(s), we will transfer ownership of the domain to you upon your request as long as your account payment status is up to date.

If you neglect to pay for services we reserve the right to cancel this agreement and repossess the rights granted to you over the domain(s) in question.

We reserve the right to terminate your hosting account without notice for any violation of our agreement or any apparent or implied violation of the law.

Clients may occupy only the amount of disk space on Azudo's Servers and utilize no more than the network bandwidth which is allotted by Azudo. Account upgrades are available.

Client may be charged for over-utilization of either disk space or network bandwidth. Clients may also be charged or suspended for over-utilization of the server cpu's or any other component.

Azudo may not be held responsible for any server downtime that may incur. If give a 99% average uptime this may be used only as a guide.

Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process.

Client also shall not engage in any unsolicited email practices on or through our servers.

Azudo, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behaviour by a third party using the Services, please contact sales@azudo.com.

APPROPRIATE USE OF OUR SERVICES

Please read our Acceptible Use Policy in conjunction with this agreement. Both apply to your account with Azudo.

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dDos attacks:

in the event that your site falls victim to a dDOS or dos attack we reserve the right to suspend, cancel, relocate, and/or terminate any contract without a refund at our discretion. In these situations we will do everything possible, but will also act to protect the greater good of all clients and reserve the right to eliminate a single client in order to accomplish this.

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Legal Disclaimer:

As an ISP/Hosting Provider we are considered a distributor and NOT a Publisher. Although we make every effort to check our clients websites from time to time we do not have the resources to monitor everything that goes on a clients website or through our servers.

As a distributor we are protected by the Telecommunications Act of 1996, which specifically addresses the question of whether or not ISPs are publishers or distributors. The statute states that "no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. The effect of this provision has been to free ISPs from all liability in defamation cases. If you are hosting such a site that could be considered defamatory, we are forced to remove the site once we are made aware of the breach of our Terms of Service Agreement. We reserve the right to use our judgment in such cases and either force content modifications, close websites and or ignore the complaints altogether if we do not feel that the claim is legitimate. In some cases we will protect our client and stand in the way of frivolous claims.

If you are someone who feels that a site on our servers may be fraudulent, running a scam for financial gain or defamatory to you personally, please notify us immediately so that we may take the proper actions. We guarantee a fast resolution and fast communication.

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PASSWORDS and account access information:

You will either choose or be issued an account number, user name and password, or some combination thereof. It is your responsibility to ensure you do not lose this data. If you do lose this data we have no way of matching your account to the owner of the account and you risk locking yourself out from your hosting account, customer support and ownership of the domains held in trust.

It is very important to keep this data safely stored.

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SPAM POLICY

Depending on the circumstances each violator will be issued our "one-time warning" email. This email warns them that their behaviour will lead to the termination of their site, as well as ban them from ever returning to Azudo. If costs are incurred due to our ip's being blocked, there will be a fee payable within 48hrs to Azudo. Fee's vary depending on the ip block and situation $90 - $140 USD.

Either after an initial warning or warnings, or if the situation is considered severe, the client will be notified of their termination and their site will be removed from Azudo's servers.

If you have collected email addresses of willing participants to your organization, company, program, or newsletters then it is ok to send out bulk email to these people. It is also ok to send out personalized individual email to other companies you know or have heard about that have not given you consent, but of which you have received a referral.

Azudo reserves the right to decide what it considers "spam", "UCE", "mail bombing", or "bulk email". Let us know if you are unsure of your email responsibilities before placing an order.

Laws vary drastically from state to state and country to country. We recommend studying the law and requesting permission from us before mass mailing when there is any question as to the legalities of the mailing in question.

You may not use our servers to 'catch' traffic coming from mass mail sent from other servers or or internet providers.

COMPLIANCE OF THE USC CODE

You must operate your site within the guidelines set forth in TITLE 18 , PART I , CHAPTER 47 , Sec. 1030 of the USC code. Any violation of this code will result in the termination of your account.

You must also operate your site within the guidelines set forth in TITLE 18 USC 2257 of the USC code. Any violation of this code will result in the termination of your account.

ADULT CONTENT POLICY

We do not discriminate against this in any way as we feel you are free to host any website you want as long as it is in compliance with our Terms of Service Agreement and does not break any laws.

NOTE: All models depicted must be over the age of 18 or 21 where applicable and you must be in full compliance of statute TITLE 18 USC 2257 of the USC code and be able to prove compliance at our request.

SEPARABILITY

If any clause, sentence, paragraph or part of this Agreement or the application thereof to any person or circumstances, shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Agreement or the application thereof to any other person or circumstances, but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the intent that this Agreement would have been accepted even if such invalid provision had not been included.

ARBITRATION

In the event of any controversy or dispute arising with respect to this Agreement or the interpretation or breach thereof between Azudo and Client Azudo and the Client agree, in good faith, to promptly attempt to settle such dispute amicably by conciliation. In the event that they are unable to do so, any such controversy or dispute shall be settled in accordance with the voluntary Labor Arbitration Rules then prevailing of the American Arbitration Association located with the State of Arizona by a single Arbitrator.

ENTIRE AGREEMENT

This Agreement represents the entire understanding between the parties and supersedes all previous agreements, written or oral, which may have been entered into prior to the date of execution hereof. This Agreement may be altered anytime at the sole discretion of Azudo.