Terms And Conditions

Please Read The Following Terms And Conditions Of Use Carefully Before Using This Web Site.

Upon signing up for services of cogentwebapps.com, all customers agree to comply with cogentwebapps.com’ Terms and Conditions of Use. This Policy aims to ensure that our customers use our services with due regard to the rights of other Internet users and in compliance with the requirements of cogentwebapps.com’ network environment.

Illegal Use

cogentwebapps.com servers may be used solely for legal purposes only as specified by any and all laws whether local, state or federal as written today or in the future. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: ‘pirated software’, ‘hacker programs or archives’, ‘Warez sites’, ‘MP3’, and ‘IRC bots’.

Adult Content

Some of the information available through cogentwebapps.com or interconnecting networks may be intended for adult audiences only.

Security

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

cogentwebapps.com machine is STRICTLY prohibited. cogentwebapps.com will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a Web site hosted on a cogentwebapps.com server. Violators may be assessed a minimum administration fee of $250 and will face immediate suspension.

Any attempts to undermine or cause harm to a cogentwebapps.com server or customer are strictly prohibited.

Software Distribution

cogentwebapps.com’ web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact support@futurismtechnologies.com to make special arrangements.

Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. cogentwebapps.com web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Proprietary Software

Under certain circumstances you may gain access to the source code of cogentwebapps.com software. This code is the property of cogentwebapps.com and may not be downloaded, copied, or in any other way removed from the cogentwebapps.com servers. Such code constitutes proprietary information and is subject to US and International Copyright Laws. You may not copy or reuse, in any form, whether original or modified, any such code, under the penalty of law. You may not copy or reuse in any form any algorithms used by any such code.

Modification

cogentwebapps.com reserves the right to add, delete, or modify any provision of its “Terms and Conditions of Use” at any time without notice.

Server Resources

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. cogentwebapps.com shall be the sole arbiter of what is considered to be a high level of server usage. Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down immediately without prior warning or notice.

CGI Scripts

CGI script sharing with domains not hosted by cogentwebapps.com is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Background Running Programs and Synchronization Jobs

cogentwebapps.com may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact cogentwebapps.com at support@futurismtechnologies.com so that we can arrange set-up.

IRC

cogentwebapps.com does not allow IRC or IRC bots to be operated on our servers.

SPAM /UCE (Unsolicited Commerce Email)

Spamming, the sending of unsolicited mass email from or through a cogentwebapps.com mail server or using an email address that is maintained on a cogentwebapps.com mail server will be considered as violation of terms & conditions and action will be taken accordingly.

Actions Taken by cogentwebapps.com

The failure by a customer to meet or follow any of the above Terms and Conditions of Use will result in account deactivation. cogentwebapps.com will be the sole arbiter as to what constitutes a violation of the Terms and Conditions of Use. cogentwebapps.com reserves the right to remove any account without prior notice. When cogentwebapps.com becomes aware of an alleged violation of its Terms and Conditions of Use, cogentwebapps.com will initiate an investigation. During the investigation, cogentwebapps.com may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, cogentwebapps.com may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, cogentwebapps.com will notify the appropriate law enforcement authorities of such violation.

cogentwebapps.com does not guarantee uptime or issue credits for outages incurred through service disablement resulting from Terms and Conditions of Use violations. cogentwebapps.com customers agree to indemnify and hold harmless cogentwebapps.com from any claims resulting from the use of our services that damages them or any other party. The cogentwebapps.com service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. cogentwebapps.com expressly disclaims any representation or warranty that the cogentwebapps.com service will be error-free, secure or uninterrupted. No oral advice or written information given by cogentwebapps.com, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. cogentwebapps.com and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.


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