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Terms of Service

If you are hosting with us, then this applies to you. If not, then this will be useless and BORING.

1. Content

All services provided by Cross Business Tools may only be used for lawful purposes. The laws of the State of Kentucky and the United States of America apply.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of customer’s account. If you believe that your copyright or trademark is being infringed upon, please email abuse@crossbusinesstools.com with the information proving such infringement.

Cross Business Tools does not host or allow the hosting of any site that:

  • Provides, sells or offers to sell the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons
  • Displays material that exploits children, or otherwise exploits children under 18 years of age
  • Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in case of a minor)
  • Provides material that is grossly offensive, including blatant expressions of bigotry, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content
  • Sells or promotes any products or services that are unlawful in the location at which the content is posted or received
  • Introduces viruses, worms, harmful code and/or Trojan horses on the Internet
  • Promotes, solicits or participates in pyramid schemes
  • Engages in any libelous, defamatory, scandalous, threatening, harassing activity
  • Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence
  • Sites containing unacceptable material such as: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, 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), 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 and or websites that distribute or link to warez content

2. Spam E-mail

Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is strictly prohibited on any Cross Business Tools systems, and may result in immediate termination of customer’s hosting account.

3. E-mail Services

Cross Business Tools reserves the right to place limits on e-mail services if provided to the customer. Such limits include the number of days messages can be retained, size limitations of individual messages, and storage limits of e-mail.

4. Service Availability

Cross Business Tools hosts its web sites on third party web hosting equipment, and cannot provide the customer any guarantee of uptime of web server hardware, server operating system, network equipment, upstream network equipment, or any other devices involved with hosting and serving web content. Any outage based on this equipment is out of direct control of Cross Business Tools. Cross Business Tools provides no guarantee that the service will be uninterrupted or error free, but will do their best to prevent this from happening and will also do their best to make the necessary repairs/modifications within their direct control to get the service up and running as quickly as possible.

5. Liability

Under no circumstances shall Cross Business Tools be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from customer’s use of or inability to use the service, or for third parties’ use of the service to access customer’s Web space, or to access the Internet or any part thereof, or customer’s or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If customer is dissatisfied with Cross Business Tools service or any of its terms, conditions, rules, policies, guidelines, or practices, the customer’s sole and exclusive remedy is to discontinue using the service.

6. Account Cancellation

Customer agrees to provide written notification to cancel their web hosting account with Cross Business Tools. Upon receipt of cancellation notice, the customer’s account will be cancelled at the end of that month’s billing cycle.

7. Limitations

IN NO EVENT SHALL CROSS BUSINESS TOOLS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. CROSS BUSINESS TOOLS SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF ANY BREACH, DELAY OR DEFAULT IN PERFORMANCE OF THIS AGREEMENT, EVEN IF CROSS BUSINESS TOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF CROSS BUSINESS TOOLS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO A CREDIT ALLOWANCE OF THE AMOUNT ACTUALLY PAID TO CROSS BUSINESS TOOLS BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY CROSS BUSINESS TOOLS UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE CROSS BUSINESS TOOLS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 7. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. CROSS BUSINESS TOOLS’S LIABILITY ARISING OUT OF DELAYS IN INSTALLATION, COMMENCEMENT OR RESTORATION OF SERVICE, OR OUT OF MISTAKES, ACCIDENTS, OMISSIONS, INTERRUPTIONS, DELAYS, OR DEFECT IN TRANSMISSION, INCLUDING THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES, SHALL IN NO EVENT EXCEED THE AMOUNT OF CREDIT ALLOWANCE, IF ANY, AVAILABLE UNDER THIS SECTION. WITHOUT LIMITING THE FOREGOING, CROSS BUSINESS TOOLS SHALL HAVE NO OBLIGATION TO PROVIDE ALTERNATIVE ROUTING WITH RESPECT TO ANY SERVICE PROVIDED PURSUANT TO THIS AGREEMENT. IN NO EVENT SHALL CROSS BUSINESS TOOLS BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECT IN TRANSMISSION, OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF CROSS BUSINESS TOOLS PURSUANT TO THIS AGREEMENT.