ChatHostingCafe.com has a responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. ChatHostingCafe.com reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. ChatHostingCafe.com strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other ChatHostingCafe.com customers and us against such harm. The Terms of Service (TOS) are the rules and regulations for using our chat hosting services. All use of our chat hosting services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Your use of ChatHostingCafe.com services implies your agreement with these terms. Questions? Any questions regarding this agreement should be sent to ChatHostingCafe.com prior to signing up for service. Payment Policies, Fees, Refunds and Terms of Agreement: Full payment is required before any chat hosting service is rendered, which includes renewals. Prepayment is due each month following the date the account was established. Billing will continue until you cancel your chat hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds. 1. INTRODUCTION You should carefully read the following Terms of Service (the “Terms”) before using ChatHostingCafe.com site (the “Service”). By using the Service or indicating your agreement in the introductory screen, you are agreeing to become bound by and indicating your acceptance of these Terms. This is a legally binding agreement. If you do not agree with the Terms, you should not use the Service. 2. SERVICE ChatHostingCafe.com agrees to provide you access to the Service in accordance with these Terms. The Service is provided for personal use and may not be resold. Minors are not allowed to subscribe. You must obtain access to the Service through your own Internet connection account with another company. 3. LIMITATIONS OF SERVICE. Unfortunately, computers need routine maintenance and sometimes break down; also, ChatHostingCafe.com cannot control when subscribers access its server. As a result, ChatHostingCafe.com does not guarantee that you will be able to access the Service at any particular time. The Service is provided on an “as-is, as-available” basis. While ChatHostingCafe.com will not intentionally inspect the contents of your transmissions, ChatHostingCafe.com reserves the right to co-operate fully with any legally authorised investigation concerning or relating to any transmissions. Note: Java and Chat server process daily ( every morning at 3:59 AM ) This will avoid 'hangups' due to known memory leaks in some JVMs. 4. YOUR RESPONSIBILITIES. 4.1 You are responsible for the use of your account and for anyone using your account. You are responsible for insuring that any user of your account fully complies with these Terms. 4.2 You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to the Service. 4.3 You are responsible for any communications, messages and other information that you receive as a result of your use of the Service and bear the entire responsibility for any losses that you may experience as a result of your use of the Service. 4.4 You agree to inform ChatHostingCafe.com of any apparent breaches of security, such as loss, theft, or unauthorised disclosure or use of your password. 4.5 You agree to use the Service in a manner consistent with any and all applicable laws and regulations 4.6 Any action by you that, in ChatHostingCafe.com sole opinion, restricts or inhibits other subscribers from using and enjoying the Service is strictly prohibited. 4.7 We do not want to play any part in your publishing or receiving defamatory remarks or obscene materials, or misuse of the intellectual property rights of others. However, ChatHostingCafe.com cannot effectively monitor or edit the content of your transmissions. You specifically agree not to submit, publish, or display on or through the Service any defamatory, inaccurate, advertising, abusive, obscene, profane, sexually oriented, threatening, racially offensive, or illegal material. YOU SPECIFICALLY AGREE THAT CHATHOSTINGCAFE.COM WILL NOT BE RESPONSIBLE FOR ANY SUCH MATERIAL PUBLISHED BY YOU OR RECEIVED BY YOU AND YOU FULLY RELEASE AND INDEMNIFY CHATHOSTINGCAFE.COM FROM ALL LIABILITY AND RESPONSIBILITY FOR ANY SUCH TRANSMISSIONS, PUBLICATIONS OR RECEIPT. 4.8 If you breach these terms of Service, you agree to indemnify ChatHostingCafe.com for any losses, costs, or damages, including legal fees incurred by ChatHostingCafe.com relating to, or arising out of such breach. You, not ChatHostingCafe.com, are responsible for your behaviour and the behaviour of those who use your account. You will not hold ChatHostingCafe.com and any of their employees responsible for any thing that is seen in your chat room. 5. LIMITATIONS OF WARRANTY. THE SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESED OR IMPLIED. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, AND USE OF THE SERVICE IS WITH YOU. 6. LIMITATION OF CHATHOSTINGCAFE.COM’S LIABILITY. If you are displeased with the Service or, believe that ChatHostingCafe.com is breaching these terms of Service, or otherwise believe that ChatHostingCafe.com is not providing adequate or appropriate Service, you agree that your sole remedy is to cancel your account. IN NO EVENT WILL CHATHOSTINGCAFE.COM BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER ARISING INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCOME OR PROFIT, LOSS OF DATA, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS FROM THIRD PARTIES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. If ChatHostingCafe.com is held liable for actual damages for any cause whatsoever (excluding death or personal injury resulting from its negligence) damages will be strictly limited to a maximum of $50US. 7. TERM, TERMINATION AND CANCELLATION. Your access to and use of the Service may be terminated at any time, for any reason or for no reason, by you or by ChatHostingCafe.com by the sending of notice to the other party. All cancellations must be requested via "form" by visiting the Members Area and entering the cancellation details that was sent to you via email. Canceling an account does not equal "refunding" an account. A cancellation refers to the removal of user materials from our systems and the deactivation of services. You will be required to pay any outstanding charges owed. Termination by you will be effective on the day that ChatHostingCafe receives a notice or on a future date if the notice so specifies. 8. INVALIDITY If a part of these conditions is unenforceable the enforceability of any other part of these conditions will not be affected. 10. GOVERNING LAW This contract between us shall be governed by and interpreted in accordance with state law and the state courts shall have exclusive jurisdiction to resolve any disputes. ChatHostingCafe.com shall be the sole judge of what violates this Policy.