TERMS OF SERVICE
Last Updated 01/21/2006
Use of Software.FM Sofware.fm
reserves the right to refuse service to anyone for any reason.
Members may only use software.fm server for lawful purposes.
Transmission of any material in violation of any Federal, State
or Local regulation is prohibited. This includes, but is not
limited to copyrighted material, material legally judged to
be threatening or obscene, and material protected by trade secrets.
The identification of contact and activity is at the discretion
of software.fm Management.
Users which meet any of the following criteria will have their
ip terminated immediately, at our discretion:
- Is publicly offensive
- Displays or Promotes racism, bigotry, or hate
- Displays or Promotes material that exploits children
- Disrupts the use of, or interferes with, our network, system, service, or equipment
- Facilitates, promotes, sells, or displays activities that are determined to be illegal
- Promotes, facilitates "phishing" or any other attempt at identity theft
- Misrepresents itself illegally as another site, another entity or person
- Otherwise violates our terms and conditions
Members Information and Privacy
We may disclose customer information or information transmitted
over our network when it is necessary to protect software.fm,
our Members. We will comply with Local, State and Federal authorities
if we are requested to provide information about our customer.
We have no obligation to inform the customer that information
has been provided and may be prohibited by law from giving such
notice.
Server Abuse and Over Usage of Server Resources
Any process or service usage that affects normal shared server operation or causes a server to become overloaded will be suspended. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the overuse of: CGI, Perl, Sendmail, mySQL, PHP, HTTP, SMTP, POP3, IMAP and FTP services. For any domain which causes downtime to our servers, we will make a reasonable effort to contact the member before terminating the account.
Data Storage, Backups, and Security
software.fm provides a backup mechanism within the control panel.
As such, members are able to download their own backups at will.
Members are required to secure their, make backups as needed,
and maintain alphanumeric passwords containing at least 8 characters.
software.fm is not responsible for any damages to your account
in the event of data loss or corruption, delays, non-deliveries,
incorrect delivery, and service interruptions caused by: a)
technology failures and/or outages; b) software.fm Members;
c) software.fm Employees or agents; including any such impact
to your membership or services due to suspension or termination
of your account.
software.fm has no liability arising out of: injury to person, property or data caused by any products sold or otherwise distributed in connection with our services; Copyright, Patent, Trademark infringement and/or Intellectual Property violations; Any defective products sold to any customer from any domain hosted with us.
Email software.fm does not
monitor the content of electronic mail messages sent or received
by its subscribers unless required to do so by law, governmental
authority, or a complaint has been logged about SPAM. We do
regularly monitor our overall services to determine that our
technologies are operating normally. Harassment, whether through
language, frequency of messages, or size of messages, is prohibited.
Members who harass or intimidate others will be subject to our
corrective action procedures.
SPAM, Unsolicited Email, and Blacklisting
We will immediately suspend any membership or customer's account
confirmed to be SPAMMING (sending unsolicited emails) from our
servers. We will make a reasonable effort to contact the members
prior to suspension to address the issue. Any user causing our
servers to be blacklisted for SPAM will be terminated immediately.
We do not take SPAMMING lightly, and we encourage members to
be cautious when sending bulk email communications.
Mature Content software.fm
does not police web content hosted on our servers. We expect
that you understand that Internet information is publicly accessible,
even sometimes to those who are not of age to view some materials.
Furthermore, we require that each owner of a hosted domain with
us is responsible for the material on their website and that
reasonable steps are taken to shield inappropriate information,
content, and graphics from minors.
We do not allow adult-sexual content. software.fm will report any incidence of Child Pornography to the appropriate authorities.
Third Party Services and Software provided by software.fm
Material that is accessible to you through software.fm 's services is protected under the United States Copyright Laws, Trademark Laws and Intellectual Property laws except when permitted by the owners. You may not infringe on the rights of the owners of these programs and you are required to adhere to the Terms and conditions of the product or services.
software.fm does not make any representations or warranties, expressed or implied, regarding any third party services and software. Members agree and understand that use of third party services and software provided through software.fm is at customer's risk and such products are provided "as is". The Customer is responsible for securing and updating any script, program or files which the third party service has deemed a threat to web site security, our network, or our services.
software.fm nor any third party vendor will be legally responsible for any damages, direct, indirect, or consequential, arising from the use of, or inability to use any third party service or software. The member agrees to adhere to the terms of the third party's EULA (end user license agreement) will be responsible for complying with the terms in the EULA.
Complaints of Abuse or Violation of Our Terms and Conditions/AUP
If any person would like to file a complaint about abuse or violation of the software.fm Terms and Conditions and Acceptable Use Policy, we encourage you to do so by emailing us at abuse@software.fm . Each complaint will be investigated and/or forwarded to the proper authorities upon receipt. Members who have had a complaint filed against them will be contacted via phone and/or email.
Corrective Action
Our first priority is to stabilize our server, this means that we may need to suspend or disconnect your service without prior notification. We realize that in most cases, abuse to our servers, systems or network is usually not done intentionally, and we will make a reasonable effort to contact member and remedy the problem.
Corrective Action options at our discretion are as follows:
- Customer Contract by phone or email
- Formal Written Warning
- IP Banning
Indemnification
Member agrees to indemnify and hold harmless software.fm and the employees and agents of software.fm against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Subscriber's use of the Services and Products, and will reimburse a software.fm for all legal and other expenses, including reasonable attorneys' fees incurred by software.fm in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such software.fm is a party.
Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
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