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Terms Of Service (TOS) & Acceptable Use Policy (AUP)You should be aware that by signing up for an account with FFmpeg Reseller Hosting, you agree to position data on our servers, thus making it accessible to the wide public. In this sense, you accept that it is beyond the power of FFmpeg Reseller Hosting to restrict such access and guarantee the security of your files. You are completely in charge of protecting your data on FFmpeg Reseller Hosting servers, which suggests that you would better consider carefully any piece of information before uploading it to your newly allocated FFmpeg Reseller Hosting server space. It is recommendable to avoid publishing personal data that could be abused online. The order form completion represents the electronic signing of this document. ENTIRE AGREEMENT; SEVERABILITY OF AGREEMENT FFmpeg Reseller Hosting shall provide its Services to You (the Customer) under the Terms and conditions of this FFmpeg Reseller Hosting Customer Agreement. The Agreement is intended to keep the integrity of both FFmpeg Reseller Hosting and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services. Along with the Order Form and any other documents or agreements explicitly specified in this Agreement, the Customer Agreement constitutes the whole act of convention between FFmpeg Reseller Hosting and the Customer, thus being the most significant document of the newly-established relationship. In case that a court of competent jurisdiction considers that any of the Agreement's provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity. Customer's side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state's law system. If a person represents the Customer for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement. You understand and agree that the Service is provided "AS-IS" and that FFmpeg Reseller Hosting assumes no responsibility for the timeliness, deletion, failure to deliver or store any Customer communication or personalization settings. FFmpeg Reseller Hosting SERVICES 1. BANDWIDTH - Each hosting plan include prepaid bandwidth. Additional bandwidth is available. Contact us for more information. This bandwidth must be prepaid before using or otherwise the account will be suspended due overbandwidth usage. Optional FFmpeg Reseller Hosting Services. These services, including but not limited to: Site Studio, Mailing Lists and other services offered are provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. FFmpeg Reseller Hosting ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. FFmpeg Reseller Hosting REJECTS ANY IMPLIED WARRANTIES. ANY OF FFmpeg Reseller Hosting'S EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY FFmpeg Reseller Hosting , INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES. SERVICE GUARANTEES FFmpeg Reseller Hosting will guarantee 99.9% FFmpeg Reseller Hosting network uptime and 99.9% network stability uptime. This, however, does not refer to problems stemming from: PAYMENT Establishment of this service is dependent upon receipt by FFmpeg Reseller Hosting of payment of stated charges. Subsequent payments are due on the anniversary date of the month/year for that month's/year's service. The above applies to all accounts and services provided by FFmpeg Reseller Hosting. Payments and Fees Service will be terminated on accounts that reach 10 days past due. Termination of account will cause all your data to be deleted from our server. Upon terminated, you should pay all existing bills to reactivate your account without any backup. FFmpeg Reseller Hosting reserves the right to reduce the period at its own discretion at anytime. Refunds & Cancellations (MONEY BACK GUARANTEE) Accounts canceled under our money back guarantee (15 days) are subject to a full refund for the hosting account only (less any additional fees). If you have violated our Terms Of Service (TOS) or our Acceptable Use Policy (AUP) (This Document), the money back guarantee no longer applies to you. Domains, SSL certificates, IP addresses and any additional services ordered are not governed by our money back guarantee. You must allow up to 30 days for credit and refunds to be processed and applied to your account. If you have paid yearly for your account but cancel while having unused months not yet paid for, the remaining unused amounts will not be refunded. Customers have 15 days to request a refund regardless of how many days, weeks, months or years you have paid for. Backup & Damages Customer should always make your own backup. FFmpeg Reseller Hosting will not provide any back up of data at any time for any reason. Customer 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, customer agrees that FFmpeg Reseller Hosting shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Customer further acknowledges that the company's liability for its own negligence may not in any event exceed the amount equivalent to charges payable by customer for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the FFmpeg Reseller Hosting Services, you will not use the FFmpeg Reseller Hosting Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any FFmpeg Reseller Hosting Services, other accounts, computer systems or networks connected to any FFmpeg Reseller Hosting Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the FFmpeg Reseller Hosting Services. FFmpeg Reseller Hosting is within the capacity to refuse service to unlawful parties. FFmpeg Reseller Hosting servers can be used explicitly for legal purposes only and each attempt for taking indecent advantage of the servers inconsistent with the rules will be immediately rejected. In this light, FFmpeg Reseller Hosting expressly forbids any breach of Federal, State or Local regulation, including, but is not limited to the transmission of: FFmpeg Reseller Hosting keeps the right to assess which behavior will be treated as a breach of this TOS/AUP and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules. THIRD PARTY Any dealings with third parties (including advertisers) included within the FFmpeg Reseller Hosting Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. FFmpeg Reseller Hosting shall not be responsible or liable for any part of any such dealings or promotions. Suspension of Service or Termination FFmpeg Reseller Hosting reserves the right to suspend network access to any customer if in the judgment of the FFmpeg Reseller Hosting network administrators the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which FFmpeg Reseller Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's account was suspended. The customer will also not be credited for any fees if their account has been terminated. FFmpeg Reseller Hosting keeps the right to assess which behavior will be treated as a breach of this TOS/AUP and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules. Service Denial FFmpeg Reseller Hosting reserves the right to reject its service and terminate this agreement for a certain period of time or indefinitely upon customers' failure to pay. The customer then is considered a debtor to FFmpeg Reseller Hosting and liable for reasonable interest and collection fees. Acceptable Use PolicyYou are solely responsible for the content of your messages. Using the FFmpeg Reseller Hosting Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited. In consideration of your use of the Service, you agree to: 1. Provide true, accurate, current and complete information about yourself as prompted by the registration form of the Service. 2. Maintain and promptly inform us to update Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FFmpeg Reseller Hosting has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FFmpeg Reseller Hosting has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 3. When signing up for un account with FFmpeg Reseller Hosting, each customer agrees to submit correct and up-to-date contact details, meaning that when introducing any changes to this information, he/she is obliged to notify FFmpeg Reseller Hosting in the course of a 10-business-day period after the changes become valid. The introduction of changes should be done online through customer's Control Panel, not via e-mail. This requirement is also in force for FFmpeg Reseller Hosting - customers will always be aware of any contact information changes that the company places within its website. This way, a flawless communication process between both sides is guaranteed. 4. You will receive a password and username upon completing the registration process of the Service. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to: FFmpeg Reseller Hosting cannot and will not be liable for any loss or damage arising from your failure to comply with this. 5. Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting. 6. Harm to FFmpeg Reseller Hosting Servers - any attempts for doing harm to a server or customer of FFmpeg Reseller Hosting Services are explicitly banned FFmpeg Reseller Hosting will immediately and resolutely react to any attempt of use of an Internet account or computer by a FFmpeg Reseller Hosting customer unauthorized by the account or computer owner. Such attempts include "Internet scamming" (tricking other people into releasing their passwords and etc.), password robbery, security hole scanning etc. It DOES NOT matter whether the attacked account or computer belongs or not to FFmpeg Reseller Hosting Services, the fraud will be subject to actions based on the very nature of the attack which could be a warning, an account suspension or cancellation and civil or criminal legal action. 7. CPU usage (or usage of the Central Processing Unit(s)) on the web server Customer's account is hosted on is subject to some regulations. That means that each hosting account can take advantage of up to 10% of the CPU power for no longer than 180 seconds at any given time or 3% in the course of 24 hours. FFmpeg Reseller Hosting strongly requires that customers be very judicious when using the CPU power for their accounts. Otherwise, we may suspend customer accounts in cases of registered impact on other accounts on the server or disturbance caused to the functioning of the server. If we do suspend an account, then its owner will be notified of that in consistence with the situation that this suspension may provoke. Then the account's owner may be required to upgrade to a dedicated or semi-dedicated web hosting solution. Possible alternative is a required reduction in the load and traffic that the customer's account gets. FFmpeg Reseller Hosting reserves the right to block files or scripts that use CPU exceedingly and notify clients. 8. Customer agrees not to publish on or over its account any information, software or other content, which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible. 9. Users are NOT allowed to send more than 1500 emails per month per hosting account. 10. Each account is entitled to host up to 50.000 files. 11. FFmpeg Reseller Hosting does NOT allow sites that provide any content, points of distribution, or 'links' to sites that: a- infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy 12. You may not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this TOS. When logged into any IRC server, you must comply with the rules and policies established by that IRC's service administrator. 13. You may not use any FFmpeg Reseller Hosting services to send denial-of-service (DOS) attacks to any computer or network, or to "flood" any computer or network. 14. You may not host any type of HYIP, or proxy on FFmpeg Reseller Hosting servers. FFmpeg Reseller Hosting reserves the right to add further restrictions to Customers'use of the FFmpeg Reseller Hosting Services if such further restrictions are reasonably necessary to keep its hosting service operating efficiently for all users. FFmpeg Reseller Hosting keeps the right to assess which behavior will be treated as a breach of this TOS/AUP and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules. Torturous Conduct Any case of indecent treatment towards a FFmpeg Reseller Hosting employee will be considered inappropriate. Each Customer is anticipated to conduct a professionally mannered communication with FFmpeg Reseller Hosting employees regarding any requests for help through e-mail or by means of the Contact form on the site. Each Customer should avoid applying any forms of written emotional outburst or cursing. Any attempts of deliberately undermining behavior will be interpreted as a breach of this TOS/AUP. SPAMMING IS PROHIBITED We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to: a- the sending of unsolicited messages in bulk, or the sending of unsolicited e-mails, which provoke complaints from recipients "Spamming" is considered as explicit misuse of ethical principles and will be interpreted as a violation of them FORCE MAJEURE CIRCUMSTANCES FFmpeg Reseller Hosting will be in an off-liability position as regards the failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services. This agreement constitutes the whole act of convention between the parties with regard to the agreement signed between them. It is not subject to any amendments, modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the party to be charged. Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability to any Customer of the Services for the removal of any such material. Please report any violations of the Terms of Service to: admin at hosting-marketers.com Revisions to this Document FFmpeg Reseller Hosting reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). |
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