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Acceptable Usage Policy

Important Note: This document is updated often. Please make a habit of reviewing it from time to time to stay abreast of acceptable as well as inappropriate uses of your Chime Host Internet Services account. Reports of activity in violation of this policy may be sent via e-mail to abuse@chimehost.com

This document is divided into the following sections

  • Introduction
  • General Information
  • Shell Account Policies
  • Unlimited Resources Policies
  • Electronic Mail
  • Web Sites
  • Security
  • Network Management
  • Network Performance
  • Illegal Activity
  • Privacy Statement
  • Affiliates

Introduction

When you open your Chime Host account, you join two communities. First is the community formed by our network and our customers; the second community is the one made up of all networks and users connected to each other to form the Internet. Becoming a member of these communities gives you certain rights and privileges, but also imposes certain duties and responsibilities. Chime Host has established an Acceptable Use Policy in order to make these duties and responsibilities more clear. This document is intended to provide a general understanding of Chime Host's Acceptable Use Policy. The following factors guide the establishment and enforcement of Chime Host's usage policies

Chime Host's usage policies

  • Ensure reliable service to our customers
  • Ensure security and privacy of our systems and network, as well as the networks and systems of others
  • Comply with existing laws
  • Maintain our reputation as a responsible service provider
  • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information
  • Preserve the privacy and security of individual users

Chime Host intends to provide its customers access to everything the Internet has to offer. While Chime Host is firmly committed to the principles of free speech, certain activities are damaging to the resources of both Chime Host and the Internet and cannot be permitted under the guise of free speech. The resources of Chime Host and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

If a Chime Host account is used to violate the Acceptable Use Policy, we reserve the right to terminate your service without notice and you agree to indemnify Chime Host and its affiliates against any claims threatened or brought by third parties as a result of your violation of this Acceptable Use Policy and/or the content of your website. We prefer to advise customers of inappropriate behavior and any necessary corrective action. However, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

If you have any questions regarding this policy, please contact us at abuse@chimehost.com

General Information

Chime Host customers are prohibited from transmitting on or through any of Chime Host's services, any material that is, in Chime Host's sole discretion, unlawful, obscene, threatening, abusive, defamatory, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law.

In general, you may NOT use your Chime Host account

  • In a manner which violates any law, regulation, treaty or tariff;
  • In a manner which violates the rules, regulations and policies of any network, server, web site, database or service provider that you access through your Chime Host account;
  • In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;
  • To threaten, harass, abuse or intimidate others;
  • To damage the name or reputation of Chime Host, its parent, affiliates and subsidiaries;
  • To break security on any computer network, or to access an account which does not belong to you; or
  • In a manner which interferes with other customers' use and enjoyment of the services provided by Chime Host.

Chime Host's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Chime Host's reserves the right to remove such illegal material from its servers or to immediately terminate your services.

The customer is responsible for keeping his billing data with Chime Host up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

Chime Host reserves sole discretion to determine whether any use of the service is a violation of this policy. Guidelines for using your account follows. This information is only a guideline, and is not intended to be all-inclusive.

Shell Account Policies

  • Shell accounts may not be used to do any type of compilation of any sort from C, C++ programs.
  • IRC are not permitted on any of the accounts given.
  • Hacking attempts, scanning will result a termination of your account.
  • High load average during your shell session will not be permitted or tolerated.
  • Bouncers, BNC are not permitted on shell accounts given.
  • Snooping through system files or directories is consider a "hacking" attempt and will result in account termination.
  • Shell access is a privilege to use and should not be abused, suspension of shell will result if abuse

Unlimited Resources Policies

Disk space


The storage capacity provided with the hosting plan you have purchased is defined as disk space. It is used in order place content such as your web page (pictures, video, sounds...), databases, and email accounts.

The storage capacity provided with the hosting plan you have purchased is defined as disk space. It is used in order place content such as your web page (pictures, video, sounds...), databases, and email accounts.

In order to use this space, you have to respect the following conditions :
Disk space usage

You may only store your website's content. It is forbidden to use it for personal or unrelated pieces of data that are not part of your website. Furthermore, you are not allowed to use disk space to host other users under the same account.

Furthermore, you are violating Chime Host policy if -

  • The amount of disk space you use increases at a fast pace
  • The storage contains a large amount of files bigger than 100MB
  • The majority of your content reside in ZIP or RAR archives

If Chime Host detects you are using the disk space to that purpose, Chime Host can end the web hosting contract.

Unmetered bandwidth

Chime Host does not calculate the bandwidth used by your websites and you have no data transfer limit from your account (disk space) to your visitors.

However, you are limited by system resource usage. Chime Host could step in if your bandwidth usage causes latency or availability problems to other customers on the network.

System resources

The most important limitation of a shared web hosting service is the resources allocation. System resources are mainly CPU RAM, which are used by softwares and your websites.

Chime Host limits its customers to a 2% system resource usage. It is a maximum of 2% of the total system resources that can be used by a single customer. That applies to all clients hosted on the same server. Furthermore, it is strictly forbidden to make your account resources available (whether for free or pay) to the general public.

If your account uses too much system resources, Chime Host's support staff will notify you.

In this situation, you have 2 solutions. You can fix the situation by using less system resources or you can migrate to a dedicated server. In some cases, where the use of resources would reduce the availability of services to other customers, your site could be temporarily suspended.

These rules are in place to avoid any abuse of service (bandwidth, disk space and system resources) in order to assure your entire satisfaction using the Chime Host offer.

Electronic Mail

  • You may not use your account to send unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it. If any of our IP's are blocked or listed in spam database for spamming, there will be a $1000 fine per IP that is blocked due to spam.
  • You may not use your account to collect responses from unsolicited bulk or commercial e-mail sent from accounts with other providers.
  • Forging, altering or removing electronic mail headers is prohibited.
  • You may not send numerous copies of the same or substantially similar message, nor may you send very large messages or files to a recipient, with the intent to disrupt a server or account ("mail bombing").
  • You may not use electronic mail to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.You may not forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings.Chime Host accounts may not be used to collect replies to messages sent from another Internet service provider if those messages violate this Acceptable Use Policy or the acceptable use policy of the other service provider.
  • You may not forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings.
  • Chime Host accounts may not be used to collect replies to messages sent from another Internet service provider if those messages violate this Acceptable Use Policy or the acceptable use policy of the other service provider.
  • If you use the services of another provider to promote a web site hosted by or through Chime Host, then the provisions of this Acceptable Use Policy shall apply to the methods used to promote such site.

Web Sites

Chime Host provides storage space and access for web sites through its Web Hosting services. In addition, dedicated accounts may provide for the hosting of web sites. Chime Host will not routinely monitor the contents of your web sites.

You are solely responsible for any information contained on your web site. However, if complaints are received regarding language, content or graphics contained on your web site, Chime Host may, at its sole discretion, remove the web site hosted on Chime Host servers and terminate your Web Hosting service. You agree to promptly reimburse Chime Host for any reasonable expenses it incurs (including attorney's fees) in defending itself form third party claims relating to any of the content (whether created by you, your customers or your users) contained on your website.

You may not use your web site to publish material which Chime Host determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example).

Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards.

Objectionable content is otherwise legal content with which Chime Host concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates.

Examples of prohibited web site content

  • Materials which hold Chime Host including its affiliates, employees or shareholders up to public scorn or ridicule
  • Materials which encourage the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual orientation, disability or political affiliation
  • IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, file hosting, image hosting, file storage or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), Auto Blogs or sites that scrape content from other sites, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums that distribute or link to warez content is prohibited.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

  • You must adopt adequate security measures to prevent or minimize unauthorized use of your account
  • You may not attempt to circumvent user authentication or security of any host, network or account ("cracking"). This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
  • You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
  • Users who violate systems or network security may incur criminal or civil liability. Chime Host will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Management

You are responsible for ensuring that the services obtained from Chime Host are used in an appropriate manner by your customers and users. Therefore, you must take steps to manage the use of the services obtained from Chime Host in such a way that network abuse is minimized. You must also make information publicly available about how to contact you, and you must respond in a timely manner to complaints concerning misuse of the services obtained from Chime Host. Failure to responsibly manage the use of the services obtained from Chime Host may be cause for termination of services to you.

  • You must designate one or more individuals ("Contacts") to be responsible for every host, IP network or subnet connected to the Internet through the use of the services. You must provide Contact names, phone numbers, and postal and e-mail addresses ("Contact Information") to any and all appropriate Domain Name Registrars prior to the initial network connection of your service. You must keep Contact Information updated and accurate at all times. Changes in the Contact Information must be sent to the appropriate Domain Name Registrars in a timely manner.
  • Contacts must have the authority, access and tools necessary to configure, operate and control access to your systems. For important timesharing hosts, primary domain name servers and mail relays or gateways, Contacts must be accessible to Chime Host via telephone 24 hours a day, 7 days a week.Contacts must have the authority, access and tools necessary to configure, operate and control access to your systems. For important timesharing hosts, primary domain name servers and mail relays or gateways, Contacts must be accessible to Chime Host via telephone 24 hours a day, 7 days a week.Contacts must have the authority, access and tools necessary to configure, operate and control access to your systems. For important timesharing hosts, primary domain name servers and mail relays or gateways, Contacts must be accessible to Chime Host via telephone 24 hours a day, 7 days a week.Contacts must have the authority, access and tools necessary to configure, operate and control access to your systems. For important timesharing hosts, primary domain name servers and mail relays or gateways, Contacts must be accessible to Chime Host via telephone 24 hours a day, 7 days a week.
  • Every customer who allows third party access to the services provided by Chime Host, whether such third parties are employees, users or customers, must maintain a postmaster address for the receipt of complaints by e-mail. Messages delivered to the postmaster address must be reviewed and handled in a timely manner.

Network Performance

Chime Host accounts operate on resources. Excessive use or abuse of these network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

  • You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performance of Chime Host systems or networks. Chime Host reserves the right to terminate or limit such activities.

Illegal Activity

Any activity on our network that is a violation of any state or federal law is a violation of this policy and will result in immediate termination of service. Prohibited activities include, but are not limited to:

  • Transmitting obscene materials or child pornography
  • Intentionally spreading or threatening to spread computer viruses
  • Gaining or attempting to gain unauthorized access to any network, including Chime Host's private network infrastructure
  • Accessing or attempting to access information not intended for you
  • Transmitting pirated software
  • Conducting or participating in illegal gambling
  • Soliciting for pyramid and other illegal schemes.

Chime Host does not permit any site that contains: (i) images (including on banner ads) of nude models that appear to be under the age of 18 (in Chime Host's sole judgment), (ii) sexually explicit images (including on banner ads) of models that appear to be under the age of 18 (in Chime Host's sole judgment); or (iii) sites containing language promoting child pornography together with any sexually explicit or nude images. As required by federal law in the United States, Chime Host will forward all offenders of this policy to the appropriate federal agency.

Privacy Statement

Chime Host has a policy to respect and protect the privacy of its customers and their information that is stored with Chime Host. Chime Host will only access and disclose information as necessary to comply with applicable laws and government requests, to provide the Chime Host Services, to operate or maintain its systems or to protect itself or its customers.

Chime Host reserves the right to add, delete, or modify any provision of its Terms and Condition, Acceptable Usage Policy at any time without notice

Affiliates

1. Enrollment in this Program.
To begin the enrollment process, you will submit a completed Program Application through our website. Your account will be instantly active in our program. We will evaluate your account in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, "Content Restrictions").

2. Utilizing Links on Your Site.
As an affiliate website of ChimeHost, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain ChimeHost's trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by ChimeHost. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.

3. Commissions.
We will pay you a commission based on the below structure:

Commision Rates:
Earn lifetime commissions (with "Lifetime, 10% of sale value commissions" program type)

Example: If you send us 25 sign-ups in any month at a rate of $9.95, you will get $25x0.99 = $24.87 Each Month. As long the clients stay active, you will continue to get paid for Lifetime.

Incentivized commissions, and offering any form of incentive to obtain a sale is forbidden, unless prior approval is given and cleared by ChimeHost Staff. To inquire on whether your incentive is acceptable, please e-mail affiliates [@] ChimeHost.com [dot] com

The Commission Rate is subject to change from time to time, upon e-mail notice to you and commencing the 30-days following such notice.

If you are referring clients to ChimeHost from a free hosting service that you run, you are not eligible for commissions unless given express permission by ChimeHost. You must contact our affiliate department for review and a special commission rate.

4. Commission Payment.
Commissions deemed due and owed to you under the program will be paid to you directly by ChimeHost.com after any holding period and in accordance with a regular payout cycle established by ChimeHost.com. No commission will be paid for signups by you, your household, or anyone within your organization. ChimeHost reserves the right to only pay for referrals that are active. Active is defined by clients with a website and domain name pointed to a ChimeHost server with user uploaded content. Commissions can be earned per each new client referred through the unique affiliate link. An existing customer, defined by any client who has had an existing account with us at anytime in the past, would not be eligible for a commission with the program.

5. Responsibility for Your Site.
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:

  • Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or AOL customers or otherwise violate the anti-spamming policies of ChimeHost or state law;
  • Provide inaccurate or incomplete information to ChimeHost concerning your identity, address or other required information;
  • Attempt to cheat, defraud or mislead us in any way;
  • Misrepresent to the public the terms and conditions of our sites or your sites;
  • Engage in popup advertisement network activities;
  • IFrames may not be used unless given express permission by ChimeHost, sales made through hidden IFrames or Cookie Stuffing methods will be considered invalid

You are free to bid on PPC networks for keywords related to ChimeHost with the intent to direct traffic to ChimeHost. However, the following terms are not allowed:

* "ChimeHost"
* "ChimeHost.com"
* "www.ChimeHost.com"
* "chime host"

However, you may bid on a phrase that includes any of the above terms, eg. "ChimeHost review", "ChimeHost.com hosting", etc. When setting up the display advertisement in a PPC campaign, it is not permitted to use the display URL "www.ChimeHost.com" or "ChimeHost.com".

The goal of our guidelines regarding pay-per-click advertisements is to preserve the integrity of the ChimeHost brand name and reputation. We do not want affiliates, or for that matter, any third party, representing themselves as ChimeHost or presenting themselves in a way that could be confused with ChimeHost.

6. Term of the Agreements.
The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.

7. Modification.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.

8. Relationship of Parties.
You and ChimeHost are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of the ChimeHost and ChimeHost expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.

9. Limitation of Liability.
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.

10. Disclaimers.
We make no express or implied warranties or representations with respect to the Affiliate Program or any COMPANY services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

11. Representations and Warranties.
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide ChimeHost with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.

12. Confidentiality.
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to ChimeHost, customer and vendor lists relating to ChimeHost and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.

13. Indemnification.
You hereby agree to indemnify, defend and hold harmless ChimeHost, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.

14. Miscellaneous.
Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of the United States and the State of Florida, without reference to rules governing choice of laws. ChimeHost reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where sales generated by an affiliate consistently have a high chargeback/cancellation ratio. ChimeHost will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. In order to facilitate accurate record-keeping, multiple ChimeHost affiliate accounts spanning multiple affiliate networks are strictly prohibited. If you have an account with the ChimeHost.com in-house affiliate program and also open a ChimeHost affiliate account with another network such as Commission Junction, both affiliate accounts will be terminated and all commissions will be forfeited. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

15. Binding Arbitration.
By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against Profuse Solutions LLC or its subsidiaries in conjunction with this program. An arbitration firm selected by Profuse Solutions LLC will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.

© 2012 ChimeHost,
a Profuse Solutions LLC. Company
20687-2 Amar Rd. #312 Walnut, CA 91789

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(626) 549-2801