1. Use and Misuse of the Services.
All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first: abuse@soft-com.biz.
You are responsible for all use of your website, with or without your knowledge or consent.
You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating any export restrictions; stalking; or violating other laws. Linking to illegal material is also prohibited.
When Soft-Com.Biz Inc. becomes aware of possible violations of this Agreement, Soft-Com.Biz Inc. may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on Soft-Com.Biz Inc. servers. Soft-Com.Biz Inc. is willing to consider at their own volition complaints sent at a designated-mail address or sent in writing to the appropriate address, that appear to be genuine and meritorious but any such complaint may be prejudiced if does not contain the name, the address, the telephone number and an appropriate e-mail address of the complainant. The above private information of the complainant shall be considered confidential and shall not be disclosed to the anyone except the appropriate authorities conducting an investigation and the employees of Soft-Com.Biz Inc. who might reasonable need access to this information. Any person submitting a false complaint or complaints that fails to meet a reasonable standard or accuracy or misleading information, shall be liable to indemnify Soft-Com.Biz Inc. for any damades caused in result or reliance on such complaint or information.
Soft-Com.Biz Inc., in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD Soft-Com.Biz Inc. HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY Soft-Com.Biz Inc. AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM Soft-Com.Biz Inc. AS A RESULT OF Soft-Com.Biz Inc. DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF Soft-Com.Biz Inc. CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
2. Use and Misuse of Materials.
Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain.
You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of prohibited material include, but are not limited to:
- - Threats of physical harm, excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- - Copyrighted, trademarked and other proprietary material used without proper authorization. Intended to assist others in defeating technical copyright protections, Clearly infringes on another persons trade or service mark, patent, or other property right;
- - Unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- - Defamatory or violates a person’s privacy;
- - Creates a risk to a persons safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
- - Improperly exposes trade secrets or other confidential or proprietary information of another person;
- - Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- - Promote terrorism and any kind of ethnic, social or religious discord;
- - Constitutes, fosters, or promotes child pornography. Marketing the site utilizing content including “Kids”, “Lolita”, “Pedo”, “Peta”, “Peto”, Pre-teen”, ”Pedophile”, “Underage”, “Child” or any other words, images, or descriptions that would lead someone to believe that the models are less than 18 years of age is not permitted anywhere on venue including the URL and meta tags;
- - The posting or display of any image or wording depicting or related to incest, snuff, scat or the elimination of any bodily waste on another person, mutilation, or rape anywhere on the site, including the URL and meta tags.
- - The posting or display of any image or wording depicting or related to bestiality anywhere on the site. including the URL and meta tags.
- - Otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Soft-Com.Biz Inc.;
- - Otherwise malicious, fraudulent, or may result in retaliation against Soft-Com.Biz Inc. by offended viewers;
Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.
Soft-Com.Biz Inc. supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, Soft-Com.Biz Inc. will not substitute itself for a court of law in deciding tort claims raised by the third party.
3. Email Use. Bulk or Commercial E-Mail.
You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial e-mail. In addition, you must obtain Soft-Com.Biz Inc. advance approval for any bulk e-mail, which will not be given unless you are able to demonstrate all of the following to Soft-Com.Biz Inc. reasonable satisfaction:
- - Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
- - Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- - You retain evidence of the recipientOs consent in a form that may be promptly produced on request, and you honor recipient’s and Soft-Com.Biz Inc. requests to produce consent evidence within 72 hours of receipt of the request;
- - You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
- - You must post an e-mail address for complaints (such as abuse@yourdoman.com) in a conspicuous place on any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
- - You must have a Privacy Policy posted for each domain associated with the mailing;
- - You have the means to track anonymous complaints;
- - You may not obscure the source of your e-mail in any manner.
Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; These policies apply to messages sent using your Soft-Com.Biz Inc. service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an e-mail address hosted via your Soft-Com.Biz Inc. service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers. Soft-Com.Biz Inc. may test and otherwise monitor your compliance with its requirements, and may block the transmission of e-mail that violates these provisions.
You may not use Soft-Com.Biz Inc. mail services, servers or components to send out mail from other sites or services that are not hosted with Soft-Com.Biz Inc. You may not use Soft-Com.Biz Inc. mail services, servers or components to send out mail advertisements for other sites not pertaining to the website you are hosting with Soft-Com.Biz Inc.
4. System Security.
You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at Soft-Com.Biz Inc. or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
If you are involved in violations of system security, Soft-Com.Biz Inc. reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. Soft-Com.Biz Inc. will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
5. System Resources.
System abuse includes any use of Soft-Com.Biz Inc. resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.
6. 99,9% UPTIME GUARANTEE
Soft-Com.Biz Inc. endeavors to have the content of your Web site available for http access by third parties 99,9% of the time (“Web Site Availability”).
In the event that there is no Web Site Availability, Soft-Com.Biz Inc. will credit the following month’s service fee as follows.
Customer Web Site Availability Credit:
99,8% to 99.89% – 5%
95% to 99.8% – 25%
90% to 94.9% – 50%
89.9% or below – 100%
For Dedicated Hosting services, if the Web Site Availability is between 98.9% and 99.9% for any particular month, the credit will be retroactive and equivalent to the difference between the guaranteed level of availability of the customer’s services during the month and the calculated actual level of availability of the customer’s services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for Dedicated Hosting services, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed fifty percent (50%) of the monthly service charge for the affected month.
In order for you to receive a credit on your account, you must request such credit within seven (7) business days after you experienced no Web Site Availability. You must request credit by sending an electronic mail message to support@soft-com.biz. For security, the body of this message must contain your server ID, the dates and times of the unavailability of your Web site, and such other customer identification requested by Soft-Com.Biz Inc. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account will be your sole and exclusive remedy in the event that there is no Web Site Availability.
Credits will not be provided to you in the event that you have no Web Site Availability resulting from:
- scheduled maintenance as posted from time to time at http://soft-com.biz/,
- your behavior or the performance or failure of your equipment, facilities or applications, or
- circumstances beyond Soft-Com.Biz Inc. reasonable control, including, without limitation, acts of any governmental body, war, insurrection, 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 provision of your Web site.
