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All
our service are subject to the following terms of use. Please read these terms carefully.
Illegal Content and Use
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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Timeframes.
Upon payment, your server will be set up
within 10 business days.
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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.
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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.
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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.
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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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