Hosting - Ordering Information Step 1

Before placing a virtual server order with Hosting '4' All, you must agree to the terms of our Contract for Virtual Servers & Software License which appears below. Please read the contract and click the I ACCEPT button to proceed to our secure on-line order form.
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Please be aware that if you open an account with a new domain name for a contract term of less than 12 months, registration fees of the domain name are not included. You can register your domain name with us for only $19 per year by clicking here.

Contract for Virtual Servers & Software Licensing

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The following agreement is between Hosting ‘4’ All, (hereforth known as "Hosting ‘4’ All"), and you (hereforth know as "Client").

WHEREAS, Hosting ‘4’ All is an information provider, offering data storage and transfer services over the Internet, through web servers;

WHEREAS, Client seeks to utilize Hosting ‘4’ All services for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Hosting ‘4’ All can make no guarantee that any given person on-line shall be able to access anyone of Hosting ‘4’ All's webservers at any given time. Hosting ‘4’ All represents that it shall make every good faith effort to ensure that its equipment is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

I. Age:

The Client certifies that he or she is at least 18 years of age. If the client is not at least 18 years of age, then he/she has been granted the permission by his/her legal guardian to act on that guardian's behalf. Under these circumstances, the underage client has been granted permission to use Hosting ‘4’ All's services and enter into this agreement on behalf of the legal guardian.

II. Financial Arrangements:

Client agrees to a minimum three (3) months contract, beginning upon Hosting ‘4’ All's receipt by fax, postal mail or e-mail of client's order.

If the Client chooses a three (3) months plan, then three months of hosting service, plus a one-time setup fee is due upon initial order.   If the Client chooses a six (6) months plan, then six months of hosting service, plus a one-time setup fee is due upon initial order.  If the Client chooses a twelve (12) months plan, then twelve months of hosting service is due upon initial order.  If the Client chooses a twenty-four (24) month plan, then twenty-four months of hosting service with no set-up fee, is due upon initial order.

This agreement will automatically renew for the same successive period(s) specified by the client on the initial order.This agreement will renew every month unless cancelled in writing (mail, fax, email) at least 15 days prior to the renewal date and, in the case of fax or email,  after receipt of the reconfirmation. Renewal of services by Client indicates agreement to Contract revisions.

During a calendar month, Hosting '4' All may allow a Client's account to be over its web space limit for two (2) days without penalty. At the end of each calendar month, Client will be charged $7.00 per 10 MB of excess space, based on the third highest day of the month. However, the Client will not be authorize to go over its Allotted Disk Space plus 10%.
A Client's account going over its traffic limit (bandwidth) will be charged $10.00 per 1 Go of excess traffic, except in case of special arrangements between Hosting '4' All and the Client.

III. Taxes:

Hosting ‘4’ All shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Hosting ‘4’ All's services. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

IV. Material and Products:

Client will provide Hosting ‘4’ All with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Hosting ‘4’ All. Hosting ‘4’ All shall make no effort to validate this information for content, correctness or usability.

V. Competency

Use of Hosting ‘4’ All's service requires a certain level of knowledge in the use Internet languages, protocols, and software, and english language skills. This level of knowledge varies depending on the anticipated use and desired content of Client's Web space by the Client.

The following examples are offered:

Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing documents, creating graphics, text, sound, image mapping, etc.

CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, C Shell scripts, permissions, etc.

E-mail: a knowledge of POP3 service, mail forwarding, use of mail clients to receive mail, etc.

The Client agrees that he or she has necessary knowledge to utilize Hosting ‘4’ All's service without reliance on Hosting ‘4’ All. Client agrees that it is not the responsibility of Hosting ‘4’ All to provide this knowledge or Customer Support outside of the defined service of Hosting ‘4’ All.

VI. Content

1. Hosting ‘4’ All will exercise no control whatsoever over the content of the information passing through the network. Hosting ‘4’ All makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Hosting ‘4’ All also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Hosting ‘4’ All is at the Client's own risk, and Hosting ‘4’ All specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth. Hosting ‘4’ All expressly limits its damages to the Client for any non-accessibility time or other down time to the prorata monthly charge during the system unavailability. Hosting ‘4’ All specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

2. In the event that any particular clients' material is not "Server-ready", Hosting ‘4’ All may, at its option and at any time, reject this material, including but not limited to after it has been put on the webservers. This includes Hosting ‘4’ All's right to disable such non-"Server-ready" materials, such as CGI scripts or programs which consume an unreasonable amount of CPU (Central Processing Unit) usage or RAM (Random Access Memory) as determined by Hosting ‘4’ All. Hosting ‘4’ All may also at its discretion at any time, suspend access to any client's website without notice, due to over-consumption of bandwidth, CPU usage, or any other reason which might effect the performance of Hosting ‘4’ All services. Hosting ‘4’ All agrees to notify Client of its refusal of the material and/or suspension of the account and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Hosting ‘4’ All. If the Client fails to modify the material, as directed by Hosting ‘4’ All, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.

VII. Acceptable Uses

Client is expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Client is expected to use his/her account for the purposes of maintaining a website only. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:

1. Adult Material Restrictions

Hosting ‘4’ All forbids websites with adult graphic content (softcore and/or hardcore), including, but not limited to, banners advertising or links to any adult website(s), child pornography, distribution of adult website passwords, or any website containing graphics of men's and/or women's genetelia and/or brests, or links to such sites. Client's whose accounts are found in violation of this policy may, at the descretion of Hosting ‘4’ All, have thier account(s) terminated without notice and are subject to a maximum $250 clean-up/disconnection fee.

2. File Distribution/Mirroring

Hosting '4' All forbids use of service for those who provide mirroring service for other website or websites, and/or whose primary purpose is file distribution.  Distribution of executable programs, archive files, or other non-visual file types are not welcome.   Client’s whose accounts who are found in violation of this policy may, at the discretion of Hosting '4' All, have their account(s) terminated without notice.

3. Hate Material Restrictions

Hatred messages including racism, sexism, or content promoting one particular race, sex, or nationality as superior and/or another race, sex, or nationality as inferior is unacceptable. Client's whose accounts are found in violation of this policy may, at the descretion of Hosting ‘4’ All, have thier account(s) terminated without notice and are subject to a maximum $250 clean-up/disconnection fee.

4. Illegal Activity Restrictions

Client's whose website promotes activities that violate federal, state, local laws and/or violation of Japanese and U.S. export restrictions are also not welcome at Hosting ‘4’ All. This include "warez" sites (freely distributing copywright programs), or sites promoting hacking and/or cracking programs, as well as links to such sites. Client's whose accounts are found in violation of this policy may, at the descretion of Hosting ‘4’ All, have thier account(s) terminated without notice and are subject to a maximum $250 clean-up/disconnection fee. Additionally, Hosting ‘4’ All may contact the Software Piracy Association ("SPA") and release any information in connection with any illegal activities relating to software piracy on the Client's account.

5. Spamming/Mailbombing/Trolling Restrictions

Spamming is the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message. Using fictitious e-mail addresses @hosting 4all.com or .net is stricly forbidden. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. Trolling, the posting of outrageous messages to generate numerous responses is also not allowed. Mailbombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden. Hosting ‘4’ All reserves the right to determine what constitutes abuse of this policy. Client's whose accounts are found in violation of this policy may, at the descretion of Hosting ‘4’ All, have thier account(s) terminated without notice and are subject to a maximum $500 clean-up/disconnection fee.
Due to the consumption of system resources and overloading of the e-mail server, Hosting '4' All forbids the use of the Gossamer Links program by any client.

6. IRC Bots and Chat Restrictions

IRC Bots, or any other automaton programs written in C, Perl or IRC-script used specifically in conjunction with IRC are not welcome. These programs tie up system resources and are in no way related to maintaining a website. Client's are not allowed to have any programs, including but not limited to, Eggdrop, BitchX, or any other IRC-related programs within their account. Client agrees not to upload the tar file for any of these programs or to execute them within their account. The first violation of this policy will result in the IRC-related program to be removed from the Client's account and Hosting ‘4’ All will notify the Client immediately of the violation. Violation of this policy may, at the descretion of Hosting ‘4’ All, result in the Client's account(s) terminated without notice and a maximum $100 clean-up/disconnection fee.

The use of cgi or html chat scripts or pages is strictly prohibited. Hosting ‘4’ All  provides two (2) acceptable chat programs for clients at no charge in some of its hosting plans. Hosting ‘4’ All  reserves the right to suspend accounts without notice to clients who violate these terms

7. Audio & Video Restrictions

Client agrees that all audio and video content contained within his/her account is free from any and all copywright protection. MP3 files (MPEG 1 Layer-3) encoded from copywright material, such as popular CDs are prohibited. This policy holds with Real Audio/Video content. Client agrees not to upload any audio/video files, regardless of file type (.ra, .mp3, .wav, .au) which violate another entity's copywright. The first violation of this policy will result in the copywright material being removed from the Client's account and Hosting ‘4’ All will notify the Client immediately of the violation. Violation of this policy may, at the descretion of Hosting ‘4’ All, result in the Client's account(s) terminated without notice and a maximum $100 clean-up/disconnection fee.

8. Emulator/ROM Restrictions

Client agrees not to store Game-emulators or ROMs within their account. These emulators/ROMS commonly violate copywright law and therefore are not allowed at Hosting ‘4’ All. Any emulator(s), or programs that will allow you to play certain ROMs for a specific game console or computer or ROM(s), (read only memory) game cartridges in binary format are prohibited. If these programs are found within the Client's account, it may, at the descretion of Hosting ‘4’ All, result in the Client's account(s) terminated without notice and a maximum $100 clean-up/disconnection fee.

9. Excessive CPU/RAM Usage

Client agrees to take all responsibility for all programs including CGI scripts executed under their account.
Programs which consume an excessive amount of CPU run time or Random Access Memory. Client agrees and understands that he/she shares the a particular webserver with other clients and agrees to honor this clause. Client agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program.
Programs provided by Hosting '4' All as an installable feature are not exempt from this policy. While every efforts is made on Hosting '4' All end to ensure the program it provides are efficient, problems with excessive usage on particular programs may occur.

The use of cgi or html chat scripts or pages is strictly prohibited. Hosting ‘4’ All  provides two (2) acceptable chat programs for clients at no charge in some of its hosting plans.

Hosting ‘4’ All reserves the right to suspend accounts without notice or to immediately terminate this Agreement and remove Client’s Web Site from the Virtual Server if it is determined, in Hosting '4' All’s sole discretion, that Client has breached this Agreement.

Hosting ‘4’ All has sole discretion over what constitutes excessive usage.

10. Complaints regarding Client

Hosting '4' All reserves the right, in its sole discretion, to exclude or remove from the Client's Web Site, any Client content if (i) Hosting '4' All has received a signifiant number of complaints regarding Client's failure to be reasonably accessible to Client's customers or timely fill orders, (ii) Client has become the subject of a government complaint or investigation, or (iii) any other reason which violate or infringe any law or third party rights or which otherwise may potentially expose Hosting '4' All to civil or criminal liability or public ridicule, provided that such right shall not place an obligation on Hosting '4' All to monitor or exert editorial control over the Client's Web Site.

VIII. Software End-User Liscense Agreement

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Hosting ‘4’ All Y.K. for Internet-related services, which includes proprietary software ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by Hosting ‘4’ All. Any software provided along with any Internet-related service that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By accessing, downloading, and/or using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then you are prohibited from opening an account with Hosting ‘4’ All.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. This SOFTWARE PRODUCT pertains to, but is not limited to, The Personal Control Panel.

1. Grant of Licensee.

This EULA grants you the following rights:

* Access:

You may access the SOFTWARE PRODUCT via the World Wide Web only (not Telnet or File Transfer Protocol) at anytime using a standard Internet browser including, but not limited to, Netscape Navigator and/or Microsoft Internet Explorer.

* Usage:

You may also use the SOFTWARE PRODUCT for its intented use on your account only. This includes setting up features, editing files, and configuring e-mail options.

2. Description of Other Rights and Limitations

* Limitations on Reverse Engineering, Copying, and Disassembly:

You may not reverse engineer, copy, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Any attempt by the end-user to reverse engineer, copy, or disassemble the SOFTWARE PRODUCT regardless of intent will result in immediate termination of his/her account without notification and possible legal action at the discretion of Hosting ‘4’ All.

* Separation of Components.

The SOFTWARE PRODUCT is licensed as a single product and its component parts may not be separated.

* Trademarks.

This EULA does not grant you any rights in connection with any trademarks or service marks of Hosting ‘4’ All.

* Termination.

Without prejudice to any other rights, Hosting ‘4’ All may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, your account can be terminated without notice by Hosting ‘4’ All.

IN NO EVENT SHALL HOSTING ‘4’ ALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF HOSTING ‘4’ ALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, HOSTING '4' ALL'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00.

IX. Trademarks & Copyrights:

Client warrants that it has the right to use the applicable trademarks, if any, and grants Hosting ‘4’ All the right to use such trademarks in connection with Hosting ‘4’ All's service during the contract term. This includes the right granted by Client to Hosting ‘4’ All to advertise the Client in conjunction with Hosting ‘4’ All's service.

X. Hardware, Equipment & Software:

The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Hosting ‘4’ All. This equipment includes a personal computer equipt with a 9600 baud modem or faster, Internet access via an ISP ("Internet Service Provider"). Hosting ‘4’ All makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Hosting ‘4’ All service. Client understands that Hosting ‘4’ All is not an ISP and therefore will not provide dial-up Internet access for the Client.

XI. Internet Etiquette:

Electronic forums such as mail distribution lists and UseNet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of WWM may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Hosting ‘4’ All. All messages transmitted via Hosting ‘4’ All should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

XII.

1. Limitations

Client is not entitled to any sort of refund due to ignorance of Hosting ‘4’ All's underlying service or payment policies. This includes, but is not limited to, Hosting ‘4’ All not providing dial-up Internet access, problems registering or transferring any domain, U.S. top-level or foreign, getting programs (CGI scripts) or features (search engines, guestbooks, etc.) working on the Client's account. Client may not be entitled to any sort of refund because he/she had violated any one of the restrictions outlined in the acceptable uses policy above. Client will not be entitled to a refund for cancellation due to the fact that he/she did not read our acceptable uses and later learned that his/her content violates our acceptable uses. Acts including but not limited to, earthquakes, thunderstorms, or fires which result in an interruption in service are exempt from the service guarantee. Because these circumstances are beyond the control of Hosting ‘4’ All, the service guarantee will be void under these conditions. However, Hosting ‘4’ All will make every good faith effort to reinstate service to Client as quickly as possible.

XIII. Termination:

1. This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, Hosting ‘4’ All may terminate service under this Agreement at any time, without penalty, and collect any termination fees as outlined above if the Client fails to comply with the terms of this Agreement.
2. Termination for Breach of contract:
Any termination for breach of the present contract and any termination under the Section VII shall take effect immediately and Client expressly agrees that it: (i) shall not have any opportunity to cure, or shall under certain conditions in Hosting '4' sole discretion (ii) shall not be entitled to a refund of any fees paid by the Client to Hosting '4' All.

XIV. Limited Liability:

1. Client expressly agrees that use of Hosting ‘4’ All's equipment is at Client's sole risk. Neither Hosting ‘4’ All, its employees, affiliates, agents, third party information providers, resellers or the like, warrant that Hosting ‘4’ All's service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through Hosting ‘4’ All, unless otherwise expressly stated in this Agreement.

2. Under no circumstances, including negligence, shall Hosting ‘4’ All, its offices, agents or any one else involved in creating, producing or distributing Hosting ‘4’ All's service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use of Hosting ‘4’ All's service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Hosting ‘4’ All's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Hosting ‘4’ All's Server service.

3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.

XV. Indemnification:

Client agrees that it shall defend, indemnify, save and hold Hosting ‘4’ All harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Hosting ‘4’ All, its agents, its customers, resellers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Hosting ‘4’ All against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Hosting ‘4’ All's equipment; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold using Hosting ‘4’ All's service.

XVI. Contract Revisions:

Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of Hosting ‘4’ All service as specified in Section II, Financial Arrangements.

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This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.

This Agreement shall be governed and construed in accordance with the laws of Japan and of the Internet.

By placing an order for Hosting ‘4’ All's services, both parties agree to the terms of this contract as outlined above.

By clicking the button below, you acknowledge that you have read, completely understand, and agree to all terms of the Contract for Virtual Servers & Software Licensing as well as all referenced documents.