Gold Vision Communications / HERA.NET
International Terms, Conditions and Acceptable Use Policy
This User Agreement (the 'Agreement') governs the terms of the use by
Client of services offered by Gold Vision Communications ('Provider').
The Provider agrees to provide, and Client agrees to receive, access
to the services according to the following terms and conditions:
Term and Cancellation
The client agrees to a minimum 1 month term of service after which this
Agreement may be terminated by either party, without cause, by giving
the other party 30 days written notice.
Not withstanding the above, the Provider may terminate service under this
Agreement at any time, without penalty, if the Client fails to comply with the
terms of this Agreement.
Lawful Purpose and Acceptable Use
Client may only use the Provider's Server for lawful purpose.
Transmission of any material in violation of any Federal, State or
Local regulation is prohibited. This includes, but is not limited to
copyrighted material, material legally judged to be threatening or obscene,
pornographic, profane, or material protected by trade secrets.
The Provider strongly encourages you to choose carefully what you
place on the server for distribution over the Internet.
What you may not consider to be pornographic may be
ruled as such in another jurisdiction.
The Provider reserves the right to remove any material
that it deems to be obscene, pornographic, etc.
We will not knowingly host any site that has sexually oriented materials.
Our servers exist to serve commercial web sites and servers only,
and their associated utilities. Telnet, SSH and FTP exist only to maintain
your Virtual or Dedicated Server, and are not "shell" or "dial-up" accounts.
The following are not allowed on our servers
· Adult or Sexually oriented materials of any kind.
· IRC clients, servers or bots.
· Bulk e-mail to or from our servers.
· Sending unsolicited e-mails (spam).
· Receiving responses to bulk e-mails from any other location.
· Any program that has an adverse affect on other users.
· Any program that we feel poses a security risk.
· Any program that we feel is inappropriate on our servers.
Our hosting accounts and virtual servers are UNMETERED usage,
which means we do not charge based on the number of hits, or the megabytes
of data transferred. We are NOT, however, allow UNLIMITED usage.
Any program or user who causes the servers performance to be
adversely affected, or who monopolizes the servers CPU, Bandwidth, or Disk
Activity will be asked to curtail the activity or reduce usage. Any user who's
site or software threatens the availability of services to other customers may
be disabled immediately if we feel that it is necessary to protect our other
clients interest. Violations of any of our policies may result in account
termination or suspension.
At the Provider's and its officer's discretion, access to the services may
be revoked at any time for abusive conduct on or of the Internet and its
resources as a whole. The Provider and its officer's are deemed as authority to
define abusive conduct to the system, and definitions may periodically change or
be amended to previous ones.
The Provider reserves the right, in its sole
discretion, to deactivate the Client's account(s) upon an indication of credit
problems including delinquent payments.
Representations and Warranties
The parties acknowledge that the Internet is neither owned nor controlled
by any one entity; therefore, the Provider can make no guarantee that any given
reader shall be able to access The Provider's server at any given time. The
Provider represents that it shall make every good faith effort to ensure that
its server is available as widely as possible and with as little service
interruption as possible.
THE PROVIDER'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
The Provider claims no control whatsoever over the content of the
information passing through the service and makes no warranties of any kind,
whether expressed or implied, for the service it is providing. The Provider also
disclaims any warranty of merchantability or fitness for a particular
THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME
DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID
BY CLIENT TO PROVIDER FOR SERVICES.
The Provider is not responsible for any
damages arising from Client's use of Provider or by Client's inability to use
the services for any reason. Further, you agree to indemnify and hold harmless
the Provider from any claims resulting from your use of the service which
damages you or another party.
While Provider shall make every reasonable effort to protect and backup
data for Client on a regular basis, the Provider is not responsible for Client's
files residing on the servers of the Provider. Client is solely responsible for
independent backup of data stored on Provider. The Provider will not be
responsible for any damage you suffer. This includes loss of data resulting from
delays, nondeliveries, or service interruptions caused by its own negligence or
your errors or omissions.
Due to the public nature of the Internet, all
information should be considered publicly accessible, and important or private
information should be treated carefully. The Provider is not liable for
protection or privacy of electronic mail or other information transferred
through the Internet or any other network provider or its customers may
Client expressly agrees that use of the Provider's Server is at Client's
sole risk. Neither the Provider, its employees, vendors, affiliates, agents,
third party information providers, merchants licensers or the like, warrant that
the Provider's Server 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
Server service or as to the accuracy, reliability or content of any information
service or merchandise contained in or provided through the Provider's service,
unless otherwise expressly stated in this Agreement.
Limitation/Disclaimer of Liability
Under no circumstances, including negligence, shall the Provider, its
offices, agents or any one else involved in creating, producing or distributing
the Provider's Server service be liable for any direct, indirect, incidental,
special or consequential damages that result from the use of or inability to use
the Provider Server 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 the
Provider's records, programs or services. Client hereby acknowledges that this
paragraph shall apply to all content on the Provider's Server service.
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.
Connection speed represents the speed of a connection to and does not represent
guarantees of available end to end bandwidth. The Provider expressly limits its
damages to the Client for any non-accessibility time or other down time to the
pro rata monthly charge during the system unavailability. The Provider
specifically denies any responsibilities for any damages arising as a
consequence of such unavailability. In the event that this material is not
"Server-ready", the Provider may, at its option and at any time, reject this
material, including but not limited to after it has been put on the Provider's
Servers. The Provider agrees to notify Client immediately of its refusal of the
material and afford Client the opportunity to amend or modify the material to
satisfy the needs and/or requirements of the Provider. If the Client fails to
modify the material, as directed by the Provider, within a reasonable period of
time, which shall be determined between the parties themselves, the Agreement
shall be deemed to be terminated.
Client agrees that it shall defend, indemnify, save and hold the Provider
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorneys' fees, ("Liabilities") asserted against the
Provider, its agents, its customers, servants officers 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 the Provider against Liabilities arising
out of (i) any injury to person or property caused by any products sold or
otherwise distributed in connection with the Provider's Server; (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 on the Provider Server.
This Agreement constitutes the entire understanding of the parties. Any
changes or modifications to this Contract thereto are agreed to by the both
parties upon renewal of Agreement and must be made in writing and signed by both
Resale of the Provider's Service
If Client acts as a "reseller" of the services provided by the Provider to
Client hereunder, by the Client providing similar services to its customers,
then all the terms of this Agreement shall apply to and be provided to the
resale client. Without limiting the foregoing, Client's obligations under this
Agreement shall apply to any and all claims made against Client and/or the
Provider which arise out of the resale of the Provider's services.
(a) All prior understandings, agreements, representations and warranties,
oral or written, between the Client and the Provider are merged in this
agreement; it completely expresses their full agreement and has been entered
into after full investigation, neither party relying upon any statement made by
anyone else that is not set forth in this contract. Further, this Agreement
contains the entire agreement between the parties with respect to these matters
and there are no promises, agreements, conditions, undertakings, understandings,
warranties, covenants or representations, oral or written, express or implied,
between them with respect to this Agreement, or the transaction described in
this Agreement, other than as set forth in this Agreement.
(b) Neither this contract nor any provision thereof may be waived, changed
or cancelled except in writing. This contract shall also apply to and bind the
heirs, distributees, legal representatives, successors and permitted assigees of
the respective parties.
(c) Each of the parties hereto shall pay its own expenses in connection
with this Agreement and the transactions contemplated hereby, including the fees
and expenses of its counsel and its certified public accountants.
(d) Assignment. The Provider may assign this Agreement. The Customer may not assign
this Agreement without the Provider's written consent.
(e) Attorney's Fees.
If a legal proceeding is commenced to enforce or obtain a declaration of rights
under this Agreement, the prevailing party in such proceeding shall be entitled
to recover its reasonable attorneys' fees and costs incurred in the proceeding
from the nonprevailing party, as well as any reasonable attorneys' fees and
costs that the prevailing party incurred prior to commencing the
(f) IP Addresses. The Provider maintains control and any
ownership of any and all IP numbers and addresses that may be assigned to Client
and reserves in its sole discretion the right to change or remove any and all IP
numbers and addresses.
(g) Relationship of the Parties. The parties intend
that an independent contractor relationship will be created by this agreement,
and that no partnership, joint venture or employee/employer relationship
(h) Governing Law. All questions with respect to the construction
of this Agreement and the rights and liabilities of the parties under this
Agreement shall be determined in accordance with the laws of the United States
of America and the Federal Republic of Germany except to the extent that such
laws are superseded by Federal Law.
Use of any or all of the Providers services constitutes acceptance of these
terms and conditions.
if you have questions or comments regarding our usage policies, please
Email us at