Important Legal Agreements
SOFTHOSTPLUS | Global IT Solutions provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of SOFTHOSTPLUS | Global IT Solutions are subject to the following terms of service:
You agree to use all SOFTHOSTPLUS | Global IT Solutions services and facilities at your own risk. SOFTHOSTPLUS | Global IT Solutions specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall SOFTHOSTPLUS | Global IT Solutions be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold SOFTHOSTPLUS | Global IT Solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SOFTHOSTPLUS | Global IT Solutions, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SOFTHOSTPLUS | Global IT Solutions against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with SOFTHOSTPLUS | Global IT Solutions's server.
SOFTHOSTPLUS | Global IT Solutions reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from SOFTHOSTPLUS | Global IT Solutions's server. SOFTHOSTPLUS | Global IT Solutions shall be the sole judge of what violates this Policy.
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. SOFTHOSTPLUS | Global IT Solutions are operating in a Beta project and all fees are nonrefundable.
We only accept Paypal payments in Beta Project.
All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 10 days after deactivation, your account will be terminated. After payment the services are non refundable in case of Cancellation.
Acceptable Use Policy
All services provided by SOFTHOSTPLUS | Global IT Solutions may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless SOFTHOSTPLUS | Global IT Solutions and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all SOFTHOSTPLUS | Global IT Solutions servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber 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, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Limitation of Liability
SOFTHOSTPLUS | Global IT Solutions shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from SOFTHOSTPLUS | Global IT Solutions servers going off-line or being unavailable for any reason whatsoever. Furthermore, SOFTHOSTPLUS | Global IT Solutions shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of SOFTHOSTPLUS | Global IT Solutions servers. All damages shall be limited to the immediate termination of service.
SOFTHOSTPLUS | Global IT Solutions cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by SOFTHOSTPLUS | Global IT Solutions are resold. Thus, certain equipment, routing, software, and programming used by SOFTHOSTPLUS | Global IT Solutions are not directly owned or written by SOFTHOSTPLUS | Global IT Solutions. Moreover, SOFTHOSTPLUS | Global IT Solutions holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as SOFTHOSTPLUS | Global IT Solutions sees fit. FURTHERMORE, SOFTHOSTPLUS | Global IT Solutions retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
SOFTHOSTPLUS | Global IT Solutions
1. Illegal Usage
SOFTHOSTPLUS | Global IT Solutions servers may be used for lawful purposes only. Transmission, storage, presentation or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. Examples of such violations are provided below. This list is intended as a guide for you and your End Users, and does not represent all possible unlawful uses of the Services.
promoting violence or injury
using defamatory, threatening or abusive language
gambling, or similar activities such as HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes
violations of U.S. export control laws
violation of intellectual property rights of others
forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses to conceal or misidentify the origin of a message
creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks
hacking, and/or subverting, or assisting others in subverting, the security or integrity of SOFTHOSTPLUS | Global IT Solutions's services or systems
acting in any manner that might subject us to unfavorable regulatory action, any liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion
soliciting the performance of any illegal activity, even if the activity itself is not performed
directly facilitating violation of a law or regulation and/or instructing others in prohibited activities
2. Unsolicited Commerce Email & Material - SPAM
The only email marketing activities allowed under this Terms Of Service are those compliant with the CAN-SPAM Act. We strongly encourage you to familiarize yourself with this act before engaging in any email marketing activities using our services. Please note that activities permitted under the CAN-SPAM Act can still be violations of this TErmos of Service for other reasons, and may result in immediate suspension or termination of your account, without notice, as determined by us in our sole discretion.
Spam is strictly prohibited under this Terms of Service. Violations of our spam policy shall result in a minimum $200 fine and possible termination and/or suspension of your account or Services. We reserve the right to determine, in our sole discretion, what constitutes a violation of this spam policy, but include the following as a guide: unsolicited or unauthorized advertising and promotional materials such as "junk mail," "instant messaging," "chain letters," or "pyramid schemes." An electronic message is "spam" IF: (1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.
The sending of Unsolicited Bulk Email (UBE) from another service provider advertising a web site, email address or utilizing any resource hosted on SOFTHOSTPLUS | Global IT Solutions's servers, is also prohibited. All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to SOFTHOSTPLUS | Global IT Solutions upon request. SOFTHOSTPLUS | Global IT Solutions accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider. Running Unconfirmed Mailing Lists Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by SOFTHOSTPLUS | Global IT Solutions customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any SOFTHOSTPLUS | Global IT Solutions domain, or referencing any SOFTHOSTPLUS | Global IT Solutions account, is prohibited.
Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is also prohibited.
This Terms of Service also prohibits any actions that compromise our system and/or network security, the security of our customers, and that of the Internet generally. We reserve the right to immediately suspend or terminate your account, without notice, a result of such actions by you or your End Users. You may also be exposed to criminal and civil liability based on your actions. Examples of such actions include, but are not limited to, unauthorized access, use, probe, or scan of a system security or authentication measure, data or traffic; 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.
You are aware that the Internet can be an insecure environment, and are responsible for ensuring the security of your data, passwords, username and confidential information.
4. Copyright Infringement
SOFTHOSTPLUS | Global IT Solutions is not registered with the United States Copyright Office and work in Beta since 08/30/2016.
5. Violation of Rights Other Than Copyright
You shall not, and your End Users shall not, use our services to violate the intellectual property rights of others, including, but not limited to, copyright, trademark, trade secret and patent rights. You shall not, and your End Users shall not, use our services to violate the recognized rights of others, including, but not limited to, acts that defame, harass, abuse or threaten others.
6. Child Pornography, Child Erotica and Bestiality
Use of the Services to disseminate or display images classified under U.S. law as child pornography, child erotica and/or bestiality is strictly prohibited. We shall immediately terminate the accounts of any customers and/or End Users who are using the Services in this manner, and report them as required by law, without prior notice. Further information about child pornography may be found at http://www.ncmec.org
7. U.S. Export Laws
Use of the services by you and/or your End Users is governed by U.S. export control laws. These laws apply regardless of whether you and/or your End User actually reside in the United States. You may not use our services in violation of these laws, or to conduct business with third parties from sanctioned countries. More information about U.S. export laws may be found at: http://www.export.gov/exportcontrols.html
8. IP Addresses
We own the IP numbers and addresses that may be assigned to you pursuant to your use of the services. These addresses may not be assigned or transferred, and are recycled upon termination of the services. We reserve the right to change these numbers. We are required to comply with ARIN policies and procedures regarding IP addresses. You may not terminate your Services should a change in ARIN policy affect your use of the Services.
9. Customer’s Responsibilities
You are responsible for ensuring that materials disseminated or posted using our services comply with this Terms of Service and relevant laws, including materials that have been posted by third parties. We do not review, edit, censor, or take responsibility for any information customers or End Users may create. Therefore, we cannot accept any responsibility from customers, users of our services through third parties, or third parties, that results from inaccurate, unsuitable, offensive, or illegal content or transactions.
Use of our service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use of the services. Customer agrees that he or she has the knowledge and skills necessary to properly use the Services. It is not our responsibility to provide such knowledge or skills beyond our commitment to support your use of our servers as set forth in the TOS.
10. Actions Upon Terms of Service Violations
Your violation of any of the terms of this Terms Of Service may result in immediate suspension or termination of your account, and NOT Refund payments, without notice. We are the sole arbiter of what constitutes a violation of this Terms osf Service.
Upon learning of an alleged violation, we shall initiate an investigation. During this time, it may be necessary to restrict your access to the Service to prevent further potentially unauthorized activity. If such violation could constitute a criminal offense, we may notify the appropriate law enforcement authorities.
Under no circumstances shall we issue credits for suspension of your Service because of an TErms of Service violation. You agree to hold SOFTHOSTPLUS | Global IT Solutions harmless from any claims that a suspension or termination of Services for this reason has damaged an End User.
11. Disclosure of Information
We may disclose information, including information that you and your End Users may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request. We have no obligation to inform customers or End Users that this information has been disclosed and in some cases may be prohibited by law from doing so. We also may disclose such information when it is necessary to protect us or others from harm.
12. Other Abuse
The use, and misuse, of our services changes over time. If we determine that your use of our services negatively impacts our ability to provide services to other customers, may subject us to liability, indicates your unfamiliarity with use of the services, or if you abuse our support staff, we may terminate your account and not refund your payments.