THIS AGREEMENT BETWEEN CODEZHOST and Account Holder (hereinafter referred to as "User")
WHEREAS User desires to subscribe to the Service on the terms and conditions contained herein;
NOW THEREFORE in consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby irrevocably acknowledged by the parties) Codezhost and User agree as follows:
1. The Service. Codezhost agrees to provide User with storage space on the Codezhost server(s) for the purpose of hosting a world-wide-web site (the "Site") in the prescribed amount of: Agreed Subscription Level
2. Limitations. The Service is subject to the following limitations:
User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following:
Idem. User agrees that Codezhost is not responsible for content on pages hosted on member sites and acknowledges that Codezhost does not endorse or verify any such material;
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;
User is solely responsible for creating backups of any files associated with the Site and for monitoring the Site;
If Codezhost determines that law enforcement officials should be notified regarding potentially illegal content on the Site, User agrees that Codezhost may provide copies of User's web pages to the appropriate officials without notice to user. Codezhost will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
User agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by Codezhost anywhere on the site www.codezhost.com;
Bandwidth. USER agrees to be bound by the restrictions pertaining to allowable bandwidth data transfer on a per-month basis;
Codezhost considers User's registration data and the content of all User's messages to be private. Codezhost will not intentionally monitor or disclose any of User's email messages or registration data unless Codezhost believes in good faith that Codezhost is required to do so (i) to enforce these Terms of Service, (ii) by law, (iii) to defend Codezhost in any action, or (iv) to protect Codezhost property. Additionally, User must agree to respect the privacy and confidentiality of others. Since privacy is, in part, a function of User's passwords, Codezhost encourages user to change passwords frequently and to not share them with anyone;
User agrees to provide Codezhost with current, complete, and accurate registration information in the registration process and to maintain and update registration information as necessary to keep it current, complete and accurate;
User agrees to be fully liable for the use of User's mailbox, including any unauthorized use of mailbox by a third party. User agrees to notify Codezhost immediately if User becomes aware of any unauthorized use of mailbox;
User must remember to check their mailbox for messages frequently. All email that User receives in their mailbox that is not opened for more than 60 (sixty) days will be deleted and unrecoverable;
User agrees and acknowledges that they may not upload, post, reproduce, or distribute any content on or through the email service that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject User to personal liability or criminal prosecution.
3. Amendments. User agrees to be bound by any amendments to this Agreement that are set out, from time to time, by Codezhost anywhere on the site www.codezhost.com .
4. 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:
Codezhost 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;
Codezhost 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;
Codezhost makes no representations, warranties or guarantees with regards to server reliability, speed or consistency;
Codezhost 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;
User expressly agrees that use of the email service is at their sole risk. The email services are provided on an "as is" and "as available" basis. Netfirms may change the features or functionality of the email services at any time, in our sole discretion.
User understands and agrees any material and/or data downloaded or otherwise obtained through the use of the email service is done at their own discretion and risk and User will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data;
Codezhost makes no warranty regarding any goods or services purchased or obtained through the email service or any transactions entered into through the email service; and No advice or information, whether oral or written, which User obtains from Codezhost or through the email services shall create any warranty not expressly made herein.
5. Limitation of Liability. Codezhost is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the Codezhost server; or losses or damages arising from the use of the content or services provided by Netfirms. For greater certainty and without limitation to the generality of the foregoing:
Codezhost 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 Codezhost, if any, for the prior 12 months;
In no event will Codezhost 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;
Codezhost, 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;
In no event shall Codezhost be liable for any damages, whatsoever, as a result of the notifying of any official of potentially illegal content on the Site, providing copies of User's said Site to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
In no event shall Codezhost be liable for any damages, whatsoever, as a result of the termination of this Agreement pursuant to Article 8.
6. Indemnity. User agrees to indemnify and hold Codezhost harmless from and against, and to reimburse Codezhost 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 Codezhost 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, libellous, or defamatory content on the Site.
Either Codezhost or User may terminate this Agreement at any time upon providing five business days prior notice to the other party. Codezhost may terminate this Agreement, discontinue the Service and delete the Site at any time without notice to User in any of the following circumstances:
Codezhost reserves the right to change and implement said changes at its sole discretion and notifying the Member through site postings and emails notifications. Should you have concerns please contact https://www.codezhost.com/contact/.
Last Updated: Friday, October 30, 2020