Website Hosting Terms and Conditions

Last updated on December, 9 2010.

We reserve the right in our sole discretion to change, modify, add, or delete portions of this Notice at any time. We will provide notice of such changes by posting the updated Notice on our website and changing the “last updated” date listed above.

Terms and Conditions of Service

237 Labs, LLC (“237 Labs” or we/us) provides certain content- hosting services (“Services”) to you, subject to these Terms and Conditions of Service (“TACOS”).

Website Content

You are solely responsible for any and all information, literature, software, works of art, or any other materials (“Content”) you make available using the Services.

You may not upload, publish, or otherwise use the Services to make available any Content that:

Examples of unacceptable content:

*Adult-oriented sites demand special system, network, and bandwidth requirements. 237 Labs does not accommodate those extraordinarily large requirements in its hosting plans. Therefore you may not use 237 Labs’ hosting services for adult-oriented and pornography sites. This includes sites that may include sexual content, or links to adult content elsewhere.

It is your sole responsibility to ensure your compliance with any and all applicable local laws regarding online conduct and acceptable Content.

If we find any of your sites to be displaying any of the prohibited content, the offending websites shall be suspended.

Billing & Payments

Your hosting account can be paid in 3 month, 6 month, or 12 month intervals.

Payment must be received by due date listed on the invoice. A finance charge of 3% will be assessed for each month the invoice is overdue and will be charged beginning 5 days after the invoice due date. Minimum finance charge: $5.

Cancellation & Refunds

We want you to be happy with our service. However, we understand that it is not for everyone. You may cancel your account at any time. Upon cancellation of an account, no further charges will be billed. If you are canceling prior to the end of your billing term, a portion of your hosting fees will be refunded an amount based on the unused portion the billing term.

Security & Availability

237 Labs makes a good faith effort to provide the Services in a reliable and consistent fashion by choosing server locations with a high percentage of uptime. No guarantee is made as to the availability of Content at a particular time or the persistence of Content. Similarly, 237 Labs makes a good faith effort to ensure the security of your Content and but cannot guarantee it will remain secure. It is your sole responsibility to secure and back up your Content and to restore it in the event of a system failure.

Termination

237 Labs reserves the right at any time and for any reason, including but not limited to your violation of these TACOS, to limit, suspend, or terminate your use of the Services and to discard any of your Content. Such termination of your use of the Services may be performed without prior notice, and we may immediately deactivate or delete your Content and all related files relating to the Services and/or bar all access to the same. 237 Labs will not be liable to you or to any third party for any termination of your access to Services.

Indemnity

You indemnify and hold harmless 237 Labs, LLC and its subsidiaries, affiliates, owners, officers, directors, agents, partners, employees, and contractors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Services, or your activities in conjunction with the Services.

Limitation of Liability

Your use of 237 Labs’ Services are at your sole risk. All Services are provided on an “AS IS” basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.

In no event will 237 Labs be liable for any damages, including, without limitation, direct, indirect, incidential, special, consequential, or punitive damages arising out of the use of or inability to use our Services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion, defect; delay in operation or transmission, deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of; or use of any record.

The formation, construction and interpretation of this agreement shall be controlled by the laws of the United States. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the courts in the United States, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.

237 Labs reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting your order to 237 Labs, you signify your agreement to these Terms of Service.

The End.

Thank you for taking the time to read this.