Our Attorney Told Us To Include:
A TERMS OF SERVICE
This Terms of Service Agreement (TOS) is a formal and legally binding
agreement between Unselfish Marketers Co. Ltd. (we, Company) and You, the
service user (you, Subscriber). Use of our service constitutes acceptance and
agreement to the TOS in full.
I) Purpose and Overview of the TOS
II) Specific Violations of the TOS
IV) Network Performance
V) Payment Policy & Refunds
VI) General Operations
VII) Violation Reporting
VIII) Violation Procedures
IX) Miscellaneous Provisions
I) PURPOSE AND OVERVIEW OF THE TOS
The TOS is provided to give our Subscribers and users a clear understanding of
what we expect of them while using our services. All
users of our services including those who access our services but do not have
accounts, as well as those who pay a service fee to subscribe to the services,
must comply with our TOS.
We support the uncensored flow of
information and ideas over the Internet and do not actively monitor subscriber
activity under normal circumstances. Similarly, we do not exercise editorial
control over the content of any website, e-mail transmission, newsgroups, or
other material created or accessible over or through the services, except for
certain proprietary websites. However, in accordance with our TOS, we may remove
any materials that, in our sole discretion, may be illegal, may subject us to
liability, or which may violate the TOS. We may cooperate with legal authorities
and/or third parties in the investigation of any suspected or alleged crime or
civil wrongdoing. Your violation of the TOS may result in the suspension or
immediate termination of your account without prior notice.
The following are guidelines for the
establishment and enforcement of the TOS:
-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
While we are committed to the
principles of free speech, certain activities that may be damaging to the
resources of both us and the Internet and cannot be permitted under the guise of
free speech. The resources of us and the Internet are limited, and abuse of
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 you violate the TOS, we reserve
the right to terminate your service without notice. We prefer to advise
Subscribers of inappropriate behavior and any necessary corrective action,
however, flagrant violations of the TOS will result in immediate termination of
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.
II) SPECIFIC VIOLATIONS OF THE TOS
By using our services you agree not to commit any of the following specific
violation of the TOS. The following constitute specific violations of the TOS:
Illegal use: Our services may
not be used for illegal purposes, or in support of illegal activities. We
reserve the right to cooperate with legal authorities and/or injured third
parties in the investigation of any suspected crime or civil wrongdoing. If
anything is not legal in the United States of America, it is not permitted to
reside on our servers. If illegal content or usage is found, the account will be
suspended and/or terminated. Subscriber agrees that the Company may disclose any
and all subscriber information including assigned IP numbers, account history,
account use, etc. to any law enforcement agent who makes a written request
without further consent or notification to the Subscriber.
Harm to minors: Use of our
service to harm, or attempt to harm, minors in any way, including, but not
limited to child pornography is prohibited. Violation of this policy will result
in immediate termination of your service and a report will be made to law
Threats: Use of our service to
transmit any material (by e-mail, uploading, posting or otherwise) that
threatens or encourages bodily harm or destruction of property is prohibited.
Harassment: Use of our service
to transmit any material (by e-mail, uploading, posting or otherwise) that
harasses another is prohibited.
Fraudulent activity: Use of
our service to make fraudulent offers to sell or buy products, items, or
services, or to advance any type of financial scam such as "pyramid schemes," "ponzi
schemes," and "chain letters" is prohibited This also includes any knowing
misrepresentation or misleading statement, writing or activity made with the
intent that the person receiving it will act upon it.
Forgery or impersonation:
Adding, removing or modifying identifying network header information in an
effort to deceive or mislead is prohibited. Attempting to impersonate any person
by using forged headers or other identifying information is prohibited. Forging
any message header, in part or whole, of any electronic transmission,
originating or passing through our service is in violation of the TOS. The use
of anonymous remailers or nicknames does not constitute impersonation.
e-mail/Unsolicited bulk e-mail (SPAM): Use of our service to transmit any
unsolicited commercial or unsolicited bulk e-mail is expressly prohibited.
Violation of this SPAM policy will result in severe penalties. Upon notification
of an alleged violation of our SPAM policy, we will initiate an investigation.
During the investigation, we may
restrict Subscriber access to the network to prevent further violations. If a
Subscriber is found to be in violation of our SPAM policy, we may, at our sole
discretion, restrict, suspend or terminate the Subscriber's account. Further, we
reserve the right to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation.
We will notify law enforcement
officials if the violation is believed to be a criminal offense. Anyone using
our service to host websites or services that support spammers or cause any of
our IP space to be listed in any of the various Spam Databases will have their
account(s) immediately suspended. The account will not be unsuspended until such
time that you agree to remove any and all traces of the offending material
immediately upon reconnection.
First violations of this policy will
result in an "Administrative Fee" of $25 and your account will be reviewed for
possible immediate termination. Severe violations may result in immediate and
permanent removal of the account(s) from our network without notice to the
customer. A second violation will result in an "Administrative Fee" of $100 and
immediate termination of your account.
E-mail/News Bombing: Malicious
intent to impede another person's use of electronic mail services or news will
result in the immediate termination of the offending account.
Usenet Abuse/Spamming: We have
a zero tolerance policy for the use of our service for the posting of messages
or commercial advertisements which violate the rules, regulations, or charter of
any newsgroups or mailing list. Commercial messages that are appropriate under
the rules of a newsgroup or mailing list or that are solicited by the recipients
Unauthorized access: Use of
our service to access, or to attempt to access, the accounts of others, or to
penetrate, or attempt to penetrate, security measures of ours or another
entity's computer software or hardware, electronic communications system, or
telecommunications system, whether or not the intrusion results in the
corruption or loss of data, is expressly prohibited and the offending account is
subject to immediate termination.
You may not attempt to circumvent
user authentication or security of any host, network or account. 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. Violations of system or network security may result in civil or
criminal liability. We will investigate occurrences, which may involve such
violations and may involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations.
Copyright or trademark
infringement: Use of our service to transmit any material (by e-mail,
uploading, posting or otherwise) that infringes any copyright, trademark,
patent, trade secret or other proprietary rights of any third party, including,
but not limited to, the unauthorized copying of copyrighted material, the
digitization and distribution of photographs from magazines, books, or other
copyrighted sources, and the unauthorized transmittal of copyrighted software is
prohibited. This also includes intellectual property rights. Distribution and/or
posting of copyrighted or the aforementioned infringements will not be
Collection of personal data:
Use of the service to collect, or attempt to collect, personal information about
third parties without their knowledge or consent is prohibited.
Network disruptions and unfriendly
activity: Use of the service for any activity which affects the ability of
other people or systems to use our services or the Internet is prohibited. This
includes "denial of service" (DOS) attacks against another network host or
individual user. Interference with or disruption of other network users,
services or equipment is prohibited.
This includes, but is not limited to:
"flooding" of networks, deliberate attempts to overload a service, and attempts
to "crash" a host. It is the Subscriber's responsibility to ensure that their
account(s) are configured in a secure manner. A Subscriber may not, through
action or inaction, allow others to use their account for illegal or
inappropriate actions. A Subscriber may not permit their account, through action
or inaction, to be configured in such a way that gives a third party the
capability to use their account in an illegal or inappropriate manner.
Unauthorized entry and/or use of
another company and/or individual's computer system will result in immediate
account termination. We will not tolerate any Subscriber attempting to access
the accounts of others, or penetrate security measures of other systems, whether
or not the intrusion results in corruption or loss of data. We reserve the
right, to drop the section of IP space involved in Spam or Denial-of-Service
complaints if it is clear that the offending activity is causing great harm to
parties on the Internet.
In particular, if open relays are on
your account, or if denial of service attacks are originating from your account.
In certain rare cases, we may have to do this before attempting to contact you.
If we do this, we will contact you as soon as is feasible.
Distribution of Viruses:
Intentional distributions of software or anything that attempts to and/or causes
damage, harassment, or annoyance to persons, data, and/or computer systems are
prohibited. Such an offense will result in the immediate termination of the
Inappropriate Use of Software:
Use of software or any device that would facilitate a continued connection, i.e.
pinging, while using our services could result in suspension of service.
IRC networks: It is forbidden
to host IRC (Internet Relay Chat) that is part of or connected to another IRC
network or server. Accounts found to be connecting to or part of these networks
will be immediately suspended without notice. The account will not be
unsuspended until such time that you agree to remove any and all traces of the
offending material immediately upon reconnection. Severe violations may result
in immediate and permanent removal of the account(s) from our network without
notice to the customer. Any user who commits a second violation will be
immediately and permanently removed from our network without notice.
Streaming Video and Audio:
Streaming Video and Audio is not permitted on our servers. You must zip the
content to prevent this if you wish to have it hosted, and like everything else
this content must be legal and in compliance with our copyright guidelines.
Eggdrop Scripts: Eggdrop scripts/bots and IRC bots of any type are not
allowed, these are grounds for immediate account deletion. Adult Material: Adult
Material is not allowed, unless specified in your package deal. If a website is
found to contain adult material that is not on an adult approved server/package,
the website will be suspended.
Objectionable Material: You
may not use our service to publish material, which we determine, at our sole
discretion, to be unlawful, indecent or objectionable. For purposes of this
policy, "material" refers to all forms of communications including but not
limited to: narrative descriptions, graphics (including photographs,
illustrations, images, drawings, logos), executable programs, video recordings,
and audio recordings. If you unsure if your content is objectionable, please
contact us before posting it.
Chinese Forums: Chinese Forums
are not allowed on our network. These sites require too much CPU usage. They
typically require a dedicated server to run properly. If they are found on any
server we will suspend and/or terminate them.
ANIME: Anime websites are not
allowed on our network. If an Anime website is found we will terminate the
account. These sites are not allowed on our servers because most of them are
illegal, and almost inevitably cause server problems.
Demo Accounts: Due to the
potential of a security breach, or malicious activity aimed at our network,
control panel demo accounts are not allowed. We recommend linking directly to
the control panel maker's website for their demo (for example
Use of our service by minors:
Persons under the age of eighteen (18) must have permission from their
parent/guardian to use our services. By signing up for our service, you agree
that you are over the age of eighteen, OR your parent/guardian has permitted you
to do so and has read and agreed to the TOS, and has accepted responsibility for
any actions you may take as a minor under their custody.
By using our services you agree to adopt adequate security measures to prevent
or minimize unauthorized use of your account. Your password provides access to
your account. It is your responsibility to keep your password secure. Sharing
your password and account access with unauthorized users is prohibited. You
should take care to prevent others from using your account since you will be
held responsible for such use.
Subscribers will be held responsible
for any activity by third parties using their accounts in a way that violates
the TOS. 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
unauthorized access to your account.
Subscribers who are resellers are
responsible for enforcing the TOS to all of their clients. If their clients are
found to be violating the TOS, we will suspend and or/terminate the offending
site and let the reseller know. It is advisable that you adopt similar or
stricter policies than ours. Our Subscribers may use and/or modify a copy of our
TOS for use on their website(s).
IV) NETWORK PERFORMANCE
By using our service you agree to abide by this policy. Our services operate on
shared resources. Excessive use or abuse of these shared 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 performances of our systems or networks. This may include
certain scripts or forums that put excessive use on the SQL server in a way
which degrades performance for other users. We reserve the right to terminate or
limit such activities.
Additionally, if your account(s)
becomes the target of denial-of-service (DOS or DDOS) or other malicious attacks
against the server, we reserve the right to end your service. Accounts may not
be used as a download distribution point for your bundled software. They are to
be used for standard web practices only. This means that all content stored on
an account must be used for 'normal' website use. 'Un-normal' usage is anything
that a shared server would not be able to provide under standard circumstances.
If your account requires resources that are not able to be provided by a shared
server, we may require you to rent a dedicated server. If you are unsure of
whether your account may violate this policy, please contact us prior to
V) PAYMENT POLICY
By using our services you agree to the following payment policy and
Refunds: We offer a 30-day
money-back guarantee. If during the first 30 days after subscribing you are
unhappy with the service you may submit a refund request. Any such request must
be made in writing and must be made before the end of 30 days from the moment
your initial payment was made. In such case your payment will be refunded (less
any set-up fees or special costs) and your account will be deleted from our
network upon refunding. The 30-day money-back guarantee only applies to the
first payment made on a new account. After the initial 30-day period, no refunds
will be made at any time for the first payment on a new account. All subsequent
payments made to us are absolutely non-refundable. If you dispute a charge to
your credit card issuer or take any action that results in a payment being
reversed that, in our sole discretion is a valid charge under the provisions of
the TOS, you agree to pay us an "Administrative Fee" of $100.
Establishment of this service is dependent upon receipt by the Company of
payment of stated charges. We require that all Subscribers use an automatically
recurring payment subscription through a payment processor (currently Paypal).
Your recurring subscription must remain active at all times for your account to
remain activated. If a subscription becomes inactive and/or is cancelled, we
will suspend the account and issue a warning to the Subscriber to their email
address on file. If the subscription is not rectified within 7-days of the
warning we will delete the account from the server. If it is a reseller account
we will also delete any domains 'under' the primary account. Such termination or
denial will not relieve Subscriber of responsibility for the payment of all
accrued charges, plus reasonable interest and any collection fees. We may allow
some users to purchase our services with a one-time payment or subscription that
is not automatically recurring. Any such allowance does not forfeit our right to
require any such user to activate a recurring subscription at any time.
cancellations must be made by the subscriber by canceling their recurring
subscription. We will not comply with verbal or written requests to cancel
accounts. It must be done by canceling the subscription with the payment
processor. Upon notification that a subscription has been cancelled we will
delete the Subscriber's account from the server. We will not wait until the end
of any advertised or perceived billing cycle, and we will not refund any unused
portions of any subscription payment. We require that a recurring subscription
be active at all times and will therefore delete the account upon termination of
Service Rates: Subscriber
acknowledges that the nature of the service furnished and the initial rates and
charges have been communicated to Subscriber. Subscriber is aware that the
Company may prospectively change the specified rates and charges from time to
time. The promotional offer is contingent upon Company achieving and maintaining
its cost of service goals including but not limited to rates charged to company
by its suppliers.
VI) GENERAL OPERATIONS
By using our service you agree to the following policy and limitations
pertaining to our services.
acknowledges that the service provided is of such a nature that service can be
interrupted for many reasons other than the negligence of the Company and that
damages resulting from any interruption of service are difficult to ascertain.
Therefore, Subscriber agrees that the Company shall not be liable for any
damages arising from such causes. In no event shall the Company be liable for
any special or consequential damages, loss or injury.
Although many of our own network
providers guarantee an uptime of 99% or more, we make no guarantees about uptime
performance because we realize there are influencing factors that are outside of
our control, and in most cases even outside the control of the data centers and
network providers we work with.
Support Boundaries: We provide
technical support to our Subscribers. We limit our technical support to our
areas of expertise. We provide support related to your account or virtual site's
physical functionality. We do not offer tech support for application specific
issues such as cgi programming, html, or any other such issue. We do not provide
technical support for your customers, unless an outsourced support subscription
has been purchased. We provide a variety of support information and options to
our Subscribers. These support options can be found on the support page of our
Abuse of Our Staff or Network
Staff: Abuse towards our staff or our network staff will not be tolerated.
If you use foul language, threaten us, or do anything we find offensive, we may
suspend and/or delete your account. Per our payment policy we offer no refunds.
Internet Protocol (IP) Address
Ownership: If we assign a Subscriber an IP address for the Subscriber's use,
the right to use that IP address shall belong only to us, and Subscriber shall
have no right to use that IP address except as permitted by us in our sole
discretion in connection with the services. We shall maintain and control
ownership of all IP numbers and addresses that may be assigned to Subscriber by
us, and we reserve the right to change or remove any and all such IP numbers and
addresses, in our sole and absolute discretion. Our allocation of IP addresses
is limited by the policies set forth by ARIN (American Registry for Internet
Numbers). These policies state that use of IP addresses for IP-based virtual
hosts will not be accepted as justification for new IP addresses. What this
means to you is that you must use name-based hosting where possible. We will
periodically review IP address usage, and if we find that clients are using IP
addresses where name-based hosting could be used, we will revoke authorization
to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage:
Subscriber agrees that bandwidth and disk usage shall not exceed the quota for
the services ordered by Subscriber on the order form (the "Agreed Usage"). We
will monitor Subscriber's bandwidth and disk usage. We have the right to take
corrective action if Subscriber's bandwidth or disk usage exceeds the Agreed
Usage in our sole discretion. Such corrective action may include the assessment
of additional charges, or disconnection or discontinuance of the service. If we
take any corrective action under this section, Subscriber shall not be entitled
to a refund of any fees paid in advance prior to such action.
VII) VIOLATION REPORTING
By using our service you agree to report violations of the TOS to us. Anyone who
believes that there is a violation of our TOS should direct such information to
us by email immediately.
If available, please provide the
following information: The IP address used to commit the alleged violation The
date and time of the alleged violation, including the time zone or offset from
GMT Evidence of the alleged violation E-mail with full header information
provides all of the above, as do system log files. Other situations will require
different methods of providing the above information. We may take any one or
more of the following actions in response to complaints:
-Issue written or verbal warnings
-Suspend the Subscriber's newsgroup posting privileges
-Suspend the Subscriber's account
-Terminate the Subscriber's account
-Bill the Subscriber for administrative costs and/or reactivation charges
-Bring legal action to enjoin violations and/or to collect damages, if any,
cause by violations
VIII) VIOLATION PROCEDURES
By using our services you understand and agree with the following procedures and
We are under no duty to look at each
Subscriber's or user's activities to determine if a violation of the TOS has
occurred, nor do we assume any responsibility through our TOS to monitor or
police Internet-related activities.
First violation: Any
Subscriber, which we determine to have violated any element of the TOS, shall
receive an email, warning them of the violation. The service may be subject at
our discretion to a temporary suspension pending a Subscriber's agreement in
writing, to refrain from any further violations.
Second Violation: Subscribers
that we determine to have committed a second violation of any element of this
Acceptable Use Policy shall be subject to immediate suspension or termination of
service without further notice Suspension of Service or Cancellation: We reserve
the right to suspend network access to any Subscriber if in the judgment of the
network administrators the customer's account is the source or target of the
violation of the TOS or for any other reason which we choose. If inappropriate
activity is detected, all accounts of the Subscriber in question will be
deactivated until an investigation is completed. Prior notification to the
Subscriber is not assured. In extreme cases, law enforcement will be contacted
regarding the activity.
IX) MISCELLANEOUS PROVISIONS
Indemnification: In agreeing to the TOS, Subscriber indemnifies us for any
violation of the TOS that results in loss to us or the bringing of any claim
against us by any third-party. This means that if we are sued because of a
Subscriber's or a customer of a Subscriber's activity, the Subscriber will pay
any damages awarded against us, plus all costs and attorney's fees.
Contact Information: You must
provide us with, and keep current, good contact information for yourself
including an E-mail address and telephone number. If we fail to communicate any
information to you due to a non-current, inoperative, or incorrect email address
you are still responsible and accountable for any such information we attempted
Waiver: A waiver by the
Company of any breach of any provision of the TOS by Subscriber shall not
operate as or be construed as a continuing or subsequent waiver thereof or as a
waiver of any breach of any other provision thereof.
Assignment: Subscriber shall
not transfer or assign the TOS without the prior written consent of the Company.
Company may assign the TOS at anytime without consent from or notice to
Subscriber. Company reserves the right to cancel Subscriber's rights under this
contract at any time without further obligation.
3rd Party Disclaimer: We take
no responsibility for any material input by others and not posted to our website
by us. We are not responsible for the content of any other websites linked to
us; links are provided as Internet navigation tools only. We disclaim any
responsibility for any such inappropriate use and any liability to any person or
party for any other person or party's violation of this policy.
Disclaimer of warranties: We
are not responsible for any damages your business may suffer. We do not make
implied or written warranties for any of our services. We deny any warranty or
merchantability for a specific purpose. This includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by us.
3rd Party Software and Services:
We may provide you access to third party software and/or services ("Third Party
Products ") through reseller relationships we have established with certain
commercial vendors. Subscriber understands that product support for Third Party
Products is provided by us and not by the Third Party Vendor, unless otherwise
notified. Neither us nor any Third Party Vendor makes any representations or
warranties, express or implied, regarding any Third Party Products. Subscriber
expressly acknowledges and agrees that use of third party products is at
customer's sole risk and such third party products are provided "as is" and
without representation or warranty of any kind from us or any third party
vendor, including without limitation, any implied warranty of merchantability,
fitness for a particular purpose, accuracy or completeness of responses or
results, correspondence to description, or non-infringement of third party
rights. To the maximum extent permitted by applicable law, neither us nor any
third party vendor will be legally responsible for any damages, whether direct,
indirect, or consequential, arising from the use or inability to use any third
party product. Subscriber agrees to observe the terms of any license and/or
applicable end-user subscriber agreement for third party products and that
customer shall be fully liable to third party vendors and us with respect to any
improper use of such third party products or violation of license agreements
with them and/or applicable end user subscriber agreements. Subscriber agrees
not to remove, modify or obscure any copyright, trademark or other proprietary
rights notices that appear on Third Party Products or that appear during the use
of Third Party Products. Subscriber further agrees not to reverse engineer,
decompile, or disassemble the Third
Revisions to the TOS: We
reserve the right to revise, amend, or modify the TOS at any time and in any
manner. In such case the amended or revised TOS will be posted to our website.
Subscriber understands that changes to the TOS shall not be grounds for early
contract termination or non-payment.
Location and Severability: The
TOS shall be construed in all respects in accordance with the laws of Denmark.
If any part of the TOS is found to be invalid or unenforceable by law, the
remainder of the TOS will remain enforceable and in full effect.