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  Conditions of Use

All our service are subject to the following terms of use. Please read these terms carefully.


Illegal Content and Use

  • No illegal content will be permitted.  Our servers and our service may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
     

  • No spamming will be permitted.  Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to our customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on our server, and selling or distributing software (on a Web site residing on our server) that facilitates spamming. Violators will face immediate suspension. We reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
     

  • No terrorist activity will be permitted.  In purchasing our services, all our customers certify that they and/or the organization they represent in procuring services from mp4you.net are not, nor have been designated, a terrorist or suspected terrorist; and are not owned or controlled by a terrorist or suspected terrorist.  In addition, all our customers certify that they will not use our services or equipment to host, promote, support or facilitate terrorist activity.
         

  • No hacking will be permitted.  Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, 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 email or a newsgroup posting.
     

  • No virus activity will be permitted.  Use of our services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use our services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
     

  • Be Responsible.  Customers are required to use our network responsibly. This includes respecting the other customers of mp4you.net. We reserves the right to suspend and/or cancel service with any customer who uses the our network in such a way that adversely affects other our customers. While we may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, mp4you.net does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when we becomes aware of any violation of the TOU or other user agreements, we may take any action to stop or correct such violation, including, but not limited to, denying access to our services and equipment or to the Internet. In addition, we may take action against a customer or a customer of such customer because of the activities of such customer. We anticipate that customers who offer Internet services will cooperate with mp4you.net in any corrective or preventive action that we deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of our policy and we reserve the right to take any such action even though such action may affect other customers of the mp4you.net customer.
       

Customer Responsibilities

  • Security.  The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.
     

  • Technical Support.  The customer is responsible for procuring whatever technical support they may require for all custom applications, website design, or special uses that may be deployed on our servers.  Our technical support is offered for control-panel and login related services only, such as web-hosting, email, and DNS.
     

  • Backups.  Customers are solely and entirely responsible, and mp4you.net is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with our services.
     

Payments, Refunds & Cancellation

  • Bandwidth Charges.  The customer understands  and accepts that bandwidth use over and above the amount allocated for the customers monthly use will be billed at current mp4you.net rates (currently $0.75/gb) at the end of each month and will be due within 7 days.  The customer may cancel their service at any time but will remain responsible for paying for any network resources used up to the point of cancellation.
     

  • Timeframes.  Upon payment, your server will be set up within 10 business days.
     

  • Cancellation.  mp4you.net will not initiate or facilitate voluntary cancellations -- customers are responsible for cancelling their accounts using the online payment system they use to pay mp4you.net.  All payment systems used by mp4you.net maintain their own online systems, and mp4you.net is in no way responsible for these systems.
     

  • Refunds.  Absolutely no refunds, pro-rated or otherwise, will be given to customers who voluntarily cancel their service, regardless of how far into the term the customer may be.  Customers are responsible for renting servers for the correct amount of time required, as no refunds are offered. 
     

Other

  • Force Majeure.  We will not be liable for delays in its performance of the TOU or our services caused by circumstances beyond our reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). We will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. 
     

  • Indemnification. Our customers agree to protect, defend, hold harmless, and indemnify mp4you.net, any third party entity related to mp4you.net (including, without limitation, third party vendors), and our executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as mp4you.net, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of our services.
     

  • Disclaimer.  The Our service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. We expressly disclaims any representation or warranty that the our service will be error-free, secure or uninterrupted. No oral advice or written information given by mp4you.net, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. mp4you.net and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
     

  • Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL MP4YOU.NET (INCLUDING, WITHOUT LIMITATION, MP4YOU.NET EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS MP4YOU.NET, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING OUR SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR OUR SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY OUR SERVICES EVEN IF MP4YOU.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR OUR SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY MP4YOU.NET OR OUR REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

 

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