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Terms Of Service
Use of Download 4 You, Inc., products and services
constitutes acceptance and agreement to Download 4 You TOS
(Terms of Service).
For the purposes of these Terms Of Service, the
"Provider" shall mean Download 4 You and
"Client" shall mean the Person/Entity applying for any
types of services.
- This Agreement shall be construed in all respects in accordance
with International laws. The provider reserves the
right to change TOS at any time. Changes to Download 4 You
TOS will be posted at http://www.download4you.com/. Client's
continued use of Download 4 You services after the TOS
changes have been posted to Download 4 You website will
constitute the acceptance of the updated/changed terms.
Agreement
- Provider reserves the right to refuse service to anyone at any
time. Provider reserves the right, in its sole discretion, to
deactivate your account(s) without further warning upon an indication
of credit problems including delinquent payments, or if this service
contract is violated, or if Client's account or the traffic on this
account causes any kind of network or server problem /
disturbances.
- Client hereby agrees that all domain names and any material
submitted for publication on provider through client's account(s) will
not contain anything leading to an abusive or unethical use of the web
hosting or dial-up access product(s) or the host server(s). Abusive
and unethical materials and uses include, but are not limited to
pornography, obscenity, nudity, violations of privacy, computer
viruses, hacking, warez, and any harassing and harmful materials or
uses. Client will not violate or infringe any copyright, trademark,
patent, statutory, common law or proprietary rights of others, or
contain anything libelous or harmful. Client hereby agrees to
indemnify and hold harmless the provider for any claim resulting from
the submission of illegal materials. Client hereby agrees to indemnify
and hold harmless the provider from any claim resulting from your
publication of materials or your use of those materials.
Disclaimer Of Warranties
- The provided service is provided on an "as is, as
available" basis. The provider gives no warranty, expressed or
implied, for any account(s) or other services provided, including,
without limitation, warranty expressly includes any reimbursement for
losses of income due to disruption of service by provider or its
providers beyond the fees paid by client to provider for
services.
- Provider is not responsible for any damages arising from Client's
use of Provider or by Client's inability to use an account and any
other services for any reason. Provider will not be responsible for
any damages your business may suffer. Provider makes no warranties of
any kind, expressed or implied for services we provide. Provider
disclaims any warranty or merchantability or fitness for a particular
purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service interruptions
caused by Provider and its employees.
Billing
- In the event it is necessary to refer any dispute to an attorney,
a collection agency, or resolve it in a court of law, each party will
be responsible for its own costs and fees. The damages shall be
limited to the amount paid to Download 4 You. Place where
the contract is signed and fulfilled shall be Leskovac, Europe.
- All hosting accounts are subject to the following bandwidth
limitations: BASIC - 2 GB, BUSINESS - 20 GB, PROFI - 200 GB.
Upon exceeding this limit, the customer will be
charged $1.00 per GB of transfer over the allowed limit.
-
If the account is terminated before the 1-year period, a $14.95 charge
will be applied to the account if the domain name registration fee had been
waived. If a refund for hosting services is issued, the account activation (setup up) fee,
domain registration fee, minus promotional fee, if any, will be deducted from the amount of
refund issued.
- Money Back Guarantee: All of our virtual web hosting plans comes
with an anytime money back guarantee. This means you may cancel your
web hosting package at any time and receive credit for
the unused portion of your account. Any requests for cancellation must
be sent only via our Cancellation Request Form at http://download4you.com/.
- Failure to pay: Provider may temporarily deny service or terminate
this Agreement upon the failure of Subscriber to pay charges when
due. Such termination or denial will not relieve Subscriber of
responsibility for the payment of all accrued charges, plus reasonable
interest and any collection fees.
- Any length of time shorter than one month of service is billed as a whole month of service for all packages.
- The refund for unused services is calculated as follows: the number of months of used
service is multiplied by the standard monthly rate. The amount due for
services used and setup fee will be deducted from the total amount of order, and the
difference, if any, will be refunded within 14 days upon the management's
approval to the credit card we have on file.
Terms Of Service Violations
- Violations of Download 4 You Terms Of Service will
result in immediate account termination and provider reserves the
right to immediately terminate clients account.
- Download 4 You subscribers will be held responsible and
accountable for any activity by third parties, using their account,
which violates guidelines created within the Terms Of Service.
- If a Download 4 You account is used to violate the
Terms Of Service or our TOS, we reserve the right to terminate your
service without notice. We prefer to advise customers of inappropriate
behavior and any necessary corrective action; however, flagrant
violations of the Terms Of Service 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.
- Fraudulent activity: Use of Download 4 You 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
strictly prohibited. Fraud: Involves a knowing misrepresentation or
misleading statement, writing or activity made with the intent that
the person receiving it will act upon it.
- Illegal use: Download 4 You services may not be used
for illegal purposes, or in support of illegal activities. Download 4 You
reserves the right to cooperate with legal authorities
and/or injured third parties in the investigation of any
suspected crime or civil wrongdoing.
- Harm to minors: Use of the Download 4 You service to
harm, or attempt to harm, minors in any way, including, but not
limited to child pornography.
- Threats: Use of the Download 4 You service to transmit
any material (by e-mail, uploading, posting or otherwise) that
threatens or encourages bodily harm or destruction of property.
- Harassment: Use of the Download 4 You service to
transmit any material (by e-mail, uploading, posting or otherwise)
that harasses another.
- 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 strictly
prohibited. The use of anonymous remailers or nicknames does not
constitute impersonation
- Infringement of Copyright, Patent, Trademark, Trade Secret, or
Intellectual Property Right: Distribution and/or posting of
copyrighted or the aforementioned infringements is strictly
prohibited.
- Distribution of Viruses: Intentional distribution of software that
attempts to and/or causes damage, harassment, or annoyance to persons,
data, and/or computer systems is strictly prohibited. Such an offense
will result in the immediate termination of the offending
account.
- Electronic Mail Abuse:
- Harassment, whether through language, frequency, or size of
messages, is prohibited.
- Customers may not send email to any person who does not wish to
receive it. If a recipient asks to stop receiving email, the Customer
must not send that person any further email.
- Customers are explicitly prohibited from sending unsolicited bulk
mail messages ("junk mail" or "spam"). This
includes, but is not limited to, bulk mailing of commercial
advertising, informational announcements, and political tracts. Such
material may only be sent to those who have explicitly requested
it.
- Customers may not forward or otherwise propagate chain letters,
whether or not the recipient wishes to receive such mailings.
- Malicious email, including but not limited to "mail
bombing" (flooding a user or site with very large or numerous
pieces of email) and "trolling" (posting outrageous messages
to generate numerous responses) is prohibited.
- Forging of header or any other information is not permitted.
- Subscribing someone else to a mail list or removing someone else
from a mail list without that person's permission is prohibited.
- Download 4 You accounts or services may not be used to
collect replies to messages sent from another Internet Service
Provider, where those messages violate this Usage Policy or the usage
policy of that other provider.
Revision: 2006-06-10
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