DevHost Terms and Conditions

Last updated: April 25, 2012

DevHost is a wholly owned and operated division of In2Net Network Inc. This agreement represents the complete agreement and understanding between In2net Network Inc. (hereinafter called IN2NET) DBA DevHost (hereinafter called "DEVHOST" or "We") and the person or organization who subscribes to DevHost's Service (hereinafter called "ACCOUNT HOLDER" or "You"). This agreement supersedes any other written or oral agreement. IN2NET and DEVHOST reserves the right, in its sole discretion, with or without notice, may modify, these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. ACCOUNT HOLDER must comply with IN2NET and DEVHOST's current "Terms and Conditions," as updated from time to time by IN2NET and DEVHOST, which can be viewed at DEVHOST web site.

Submission of your account order shall constitute your acceptance of these Terms and Conditions.

1. Provision of Services

  1. Service means - Any act of serving the ACCOUNT HOLDER, being provided by DEVHOST, regardless of its duration and whether it is a paid service or a free service.
  2. Without limiting the scope of item 1.a. above, DEVHOST will provide services on its host computing systems, shared and cloud servers to individual ACCOUNT HOLDERS in exchange for payment of fees and compliance with the terms and conditions of this document.
  3. DEVHOST Services are defined as the use by the ACCOUNT HOLDER of computing, telecommunications, software, and information services provided by DEVHOST. These services also include the provision of access to computing, telecommunications, software, and information services provided by IN2NET.

2. Use of Services

  1. The ACCOUNT HOLDER agrees to use the services provided by DEVHOST as permitted by applicable local, provincial, state, and federal laws. The ACCOUNT HOLDER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libellous, or against any DEVHOST or IN2NET policy.
  2. DEVHOST reserves the right to refuse service to any new or existing customers.
  3. The ACCOUNT HOLDER is solely responsible for any legal liability arising out of, or relating to, his/her web site at DEVHOST. The ACCOUNT HOLDER represents and warrants to DEVHOST that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not -
    1. violate or potentially violate any criminal laws or any rights of any third parties, including but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entitie, or any personal or business argument or dispute; or
    2. contain any material that is: unlawful, harmful, fraudulent, libellous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. ACCOUNT HOLDER agrees to indemnify and to hold DEVHOST, IN2NET, and any third party entities related to DEVHOST or IN2NET, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:
      • the ACCOUNT HOLDER's breach of any of the forgoing representations and warranties,
      • or any other third party claim with respect thereto.
  4. The ACCOUNT HOLDER understands and agrees that hosting of the ACCOUNT HOLDER's web site is at the sole discretion of DEVHOST. DEVHOST may at its sole discretion discontinue web site hosting service to any ACCOUNT HOLDER operating a web site that DEVHOST deems to be in violation of Section (3c.) of these Terms and Conditions.
  5. DEVHOST accounts cannot be transferred or used by anyone other than the ACCOUNT HOLDER. ACCOUNT HOLDER may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement.
  6. Use of other organizations networks or computing resources is subject to their respective permission and usage policy.

3. Use of Material

  1. Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using DEVHOST services. ACCOUNT HOLDERS may also re-distribute materials in the public domain. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is in the public domain.
  2. As provided by Canada federal law, United States federal law and by International law, copyrighted materials (e.g., images, text, and programs) may not be uploaded using DEVHOST without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices not the copyright notices be modified.

4. Password Security

The ACCOUNT HOLDER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 12 characters long, contain upper and lowercase letters, numbers or other characters. The ACCOUNT HOLDER is solely responsible for changing its password as required to assure secure access to its account.

5. Indemnification

The ACCOUNT HOLDER agrees to protect, defend, hold harmless and to indemnify DEVHOST, its Parents, Subsidiaries, Affiliates, Executives, Directors, Officers, Managers, Employees, Successors, Assigns, Consultants and Agents, from any claims, including attorney's fees, resulting from the ACCOUNT HOLDER's use of DEVHOST's services.

6. Limited Liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL DEVHOST BE LIABLE TO THE ACCOUNT HOLDER FOR ANY BUSINESS LOSS, REVENUES DECREASES, EXPENSES INCREASE, COST OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF DEVHOST'S SERVICES, EVEN IF DEVHOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DEVHOST'S LIABILITY EXCEED THE MONTHLY FEE PAID BY THE ACCOUNT HOLDER. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF DEVHOST'S SERVICES.
  2. The ACCOUNT HOLDER acknowledges that DEVHOST makes an honest effort to keep the information available on DEVHOST's systems accurate. However, DEVHOST can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through DEVHOST is at the risk of the ACCOUNT HOLDER.
  3. The ACCOUNT HOLDER acknowledges that the information available through the interconnecting networks may not be accurate. DEVHOST has no ability or authority over the material. DEVHOST can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through DEVHOST services is at the risk of the ACCOUNT HOLDER.
  4. The ACCOUNT HOLDER understands, agrees and acknowledges that DEVHOST makes an honest effect to provide the ACCOUNT HOLDER with Technologies, Developments and Innovations that part of them are being licensed, or co-branded, from or by, third-party entities. However, DEVHOST can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. DEVHOST specifically disclaims all warranties or merchantability and fitness for a particular purpose. The use of these application(s), data and/or information obtained from or through DEVHOST, or any other referred third-party, directly or indirectly, is at the risk of the ACCOUNT HOLDER.
  5. The ACCOUNT HOLDER understands, agrees and acknowledges that DEVHOST will use its best efforts to maintain a full time Internet presence for ACCOUNT HOLDER. The network may be down due, but not limited to, utility interruption, equipment failure, natural disaster, acts of God, or human error. ACCOUNT HOLDER agrees that these events may or may not occur and ACCOUNT HOLDER will hold DEVHOST, its Parents, Subsidiaries, Affiliates, Executives, Directors, Officers, Mangers, Employees, Successors, Assigns, Consultants and Agents, free and harmless from any damages incurred in any event of any type of loss resulting from any reason whateverso. Uses of DEVHOST service is at the risk of the ACCOUNT HOLDER.

7. Payment of Fees and Penalities

  1. Service payments will be charged in advance of receiving services.
  2. The service contract will be automatically renewed at the end of its term and the service payment for the renewal term will be charged automatically to ACCOUNT HOLDER's credit card. The length of the renewal term is based on the service plan "billing frequency."
  3. Payment is due at beginning of each account cycle.
  4. Overdue accounts are those that remain unpaid 7 days after beginning of account cycle.
  5. Accounts that are overdue are put on "accounting hold" and may not be used. Accounts that are unpaid for 15 days will be suspended immediately with or without notice.
  6. There is a service reconnection charge equal to the currently charged setup fee to reactivate accounts from suspended status.
  7. The ACCOUNT HOLDER acknowledges responsibility for the account until payment in full is made.
  8. The ACCOUNT HOLDER will be charged for excessive bandwidth usage (above the relevant allowance of the chosen service package). It is the ACCOUNT HOLDER responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. DEVHOST has no obligation to warn the ACCOUNT HOLDER regarding the excessive bandwidth usage.

8. "NOT-TO-RENEW" Requests

This agreement will commence upon the ACCOUNT HOLDER's acceptance of it and continue on a month-to-month basis.

  1. For ACCOUNT HOLDERS that pay on a MONTHLY basis ONLY - "NOT-TO-RENEW" requests for DEVHOST accounts must be given in written form, 30 days prior to the service renewal date.
  2. In the absence of a No-to-Renew request, all services will be auto-renewed.
  3. All DEVHOST accounts must be paid in full before the transaction will be considered complete.

9. Abuse of Services

  1. Any use of DEVHOST system resources that disrupts the normal use of the system for other DEVHOST customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, overwhelm the server with heavy CPU usage from highly active CGI scripts or chat scripts, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, DEVHOST forbids the storage of illegal/pirated software, the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk email lists intended for spamming or resale purposes.
  2. Depending on the nature and the severity of abuse, the user may receive an email warning or have his/her account suspended by DEVHOST Technical Support. Spamming activities will result in immediate termination of services to ACCOUNT HOLDER.
  3. Unethical and criminal offences are violations of DEVHOST conditions of use. You are expected to report to DEVHOST any information you may have concerning instances in which the conditions of use have been or are being violated. When DEVHOST becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, DEVHOST may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of DEVHOST, following payment of a reconnection charge.

10. IP Addresses

DEVHOST maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the ACCOUNT HOLDER and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. ACCOUNT HOLDER will have no right to use the assigned IP numbers except as allowed by DEVHOST in its sole discretion in connection with the plan ACCOUNT HOLDER has selected, during the term of this agreement.

11. Assignment

The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the ACCOUNT HOLDER may not assign or delegate its rights and obligations under his business relationships with DEVHOST, either in whole or in part, without the prior written consent of DEVHOST. DEVHOST may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, sale of all or substantially all of DEVHOST's assets or other corporate reorganization.

12. Governing Law/Severability

Any Agreement, arising from the business relationships between DEVHOST and the ACCOUNT HOLDER, will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without reference to its conflicts of laws principles. ACCOUNT HOLDER agrees that any litigation or arbitration between the parties will take place in British Columbia, Canada, and consent to personal jurisdiction and venue in that Province. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect.

13. Age of Majority

Any Agreement, arising from the business relationships between DEVHOST and the ACCOUNT HOLDER, will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without reference to its conflicts of laws principles. ACCOUNT HOLDER agrees that any litigation or arbitration between the parties will take place in British Columbia, Canada, and consent to personal jurisdiction and venue in that Province. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect.

14. Complete Understanding/Modification

These Terms & Conditions constitute the full and complete understanding and agreement of the ACCOUNT HOLDER and DEVHOST, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by the ACCOUNT HOLDER, will be effective only if accepted in writing and signed by DEVHOST.

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