Terms and Conditions:
These Terms of Service (the “Agreement”) are an agreement between Hauls, Inc. and our affiliate Paywall, Inc. (hereinafter referred to as “Hauls” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Hauls and of the Hauls websites, technology, and services (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Account Eligibility: By registering for or using the Services, you represent and warrant that: 1) You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement. 2) If You use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
Accurate Information: You agree to maintain accurate information by providing updates to Hauls, as needed, while You are using Hauls’ products and services. You agree that You will notify Hauls within five (5) business days when any change of the information provided by You hereunder changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Hauls to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Hauls has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Hauls has the absolute right, in its sole discretion, to terminate its Services and close Your account.
Prohibited Activities: You agree not to engage in unacceptable use of any of Hauls products and/or services, which includes, without limitation, use of Hauls products and/or services to: (i) disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email or unreasonably large volumes of email on a daily basis, provided, Hauls, in its sole discretion, may permit You, if You have a legitimate purpose and after written request, to send more email than Hauls’s standard SMTP relay limit; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; (viii) engage in any other activity deemed by Hauls to be in conflict with the spirit or intent of this Agreement or any Hauls policy; or (ix) use Your server as an “open relay” or similar purposes. This includes but is not limited to pirated software, hacking programs or archives, warez and mp3 sites and IRC bots. Hauls is the sole arbiter as to what constitutes a violation of this provision. 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, probe, or scan of a 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 and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. It is a violation for anyone to employ posts or programs which consume excessive CPU time or storage space; permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for the user’s own account; or resell access to CGI scripts installed on our servers. Hauls prohibits the running of a public recursive DNS service on any Hauls server. All recursive DNS servers must be secured to allow only internet network access or a limited set of IP addresses. Hauls actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction.
You are responsible for ensuring that there is no excessive overloading of Hauls’s DNS system or servers. In the event that You exceed Your allotted bandwidth and thereby overload Hauls’s DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Hauls’s servers and Your Server Account as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet, flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Hauls reserves the right to immediately remove sites that contain information about hacking or links to such information. Use of Your server account as an anonymous gateway is prohibited, as is Your use of Hauls products and/or services to restrict or inhibit any other user from using and enjoying the Internet. You acknowledges and agrees that Hauls has the right to remove Your server content temporarily or permanently from its dedicated servers if Hauls is the recipient of activities that threaten the stability of its network. You agree not to provide free services such as free hosting, free subdomains or free email accounts. Account holders found violating this section will be terminated immediately and all payments forfeited.
Storage and Security At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Hauls servers; and (iv) ensure the confidentiality of Your server password and account information. Hauls’s servers are not an archive and Hauls shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Hauls are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Hauls shall have no liability to You or any other person for Your use of Hauls products and/or services in violation of these terms.
Hauls Account: Hauls will host an account for You corresponding with the purchased, leased or provided domain name(s) and for the period of time corresponding with the payment plan or terms chosen by You. The contract will automatically renew at the end of the Term. Once the account cancellation request is received and we process the request as per the account holders consent, the agreement between You and Hauls is officially terminated. We reserve the right to remove the account from the web server at any time thereafter. Hauls will NOT host the site for any time period left once the cancellation request has been received and processed. It is Your responsibility to make sure that You and Your respective clients have access to all their files and relevant data before initiating the cancellation request. Hauls shall not be responsible for any loss of data once the account recurring billing has been cancelled.
Account Use. You agrees to follow generally accepted rules of “Etiquette” when sending e-mail messages or posting to newsgroups. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that Hauls will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Hauls be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless Hauls from any and all claims arising from such ownership disputes.
Safe Use. You agree not to harm Hauls, its reputation, computer systems, programming and/or other persons using Hauls.com’s services. Hauls reserves the right to select the server for Your website for best performance. You understand that the services provided by Hauls are provided on a shared cloud based server. In order to keep our servers running at optimal levels, Hauls expressly reserves the right to review every account for excessive usage of CPU, disk space, bandwidth, and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Hauls may, in our sole discretion, may upgrade the account to VPS Hosting or Dedicated Server solution, or to be hosted elsewhere. This upgrade may result in an automatic upgrade to a higher-level pricing plan corresponding with the elevated use requirements. Alternatively, Hauls reserves the right to suspend services on that specific account until the higher usage may be accommodated. A failure by You to agree to and comply with the terms of this provision may result in the termination of the services provided to You without any refunds of the unused prepaid portion of the fees.
Third Party Content. If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. Hauls has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Hauls policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all domain transfers, renewal and orders. In the event that an error occurs the account holder must notify Hauls immediately of the error. In no event shall Hauls be liable to You for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.
Disclaimer; Limitation of Liability. Hauls makes no representations or warranties, express or implied, in respect to the products or services to be provided by it hereunder. Without limitation of the foregoing, Hauls expressly does not warrant that the Hauls products and/or services will meet Your requirements, function as intended, or that the use of the provided services will be uninterrupted or error free. Neither Hauls nor any of its officers, directors, managers, principals, stockholders, partners, members, employees, agents, representatives and Affiliates (each a “Related Party” and, collectively, the “Related Parties“) shall be liable to the Company or any of its Affiliates for any loss, liability, damage or expense arising out of or in connection with the performance of any Base Monthly Services contemplated by this Agreement, unless such loss, liability, damage or expense shall be proven to result directly from the wilful misconduct of such person. In no event will Hauls or any of its Related Parties be liable to the Company for special, indirect, punitive or consequential damages, including, without limitation, loss of profits or lost business, even if Hauls has been advised of the possibility of such damages. Under no circumstances will the liability of Hauls and Related Parties exceed, in the aggregate, the fees actually paid to Hauls hereunder. For the avoidance of doubt, You understands that You is solely responsible for operating its business and implementing its business and marketing plan, including any plan or recommendations set forth in the Initial Evaluation Report, and that Hauls has not assumed any such obligations or responsibilities hereunder. For purposes of this Agreement, an “Affiliate” of any specified person is a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified.
Termination. In addition to any remedies that may be provided under this Agreement, Hauls may terminate this Agreement with immediate effect upon written notice to You, if You: (a)fails to pay any amount when due under this Agreement; (b)has not otherwise performed or complied with any of the terms of this Agreement, in whole or in part; or (c)becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
Indemnification. You agree to indemnify, defend and hold harmless Hauls, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
Independent Contractor. Nothing herein shall be construed to create a joint venture or partnership between the Parties hereto or an employee/employer or fiduciary relationship. Hauls shall be an independent contractor pursuant to this Agreement. Neither Party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other Party to any contract, agreement or undertaking with any third party.
Force Majeure. Hauls shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Hauls including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Survival. Provisions of this Agreement, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Indemnification, Confidentiality, Governing Law, Submission to Jurisdiction, Waiver of Jury Trial and Survival.
- Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.