You agree that the services or products activation will start immediately after fulfilling all the formalities of registration required. The information provided must be correct. Choosing to register will bind you to provide correct name, address and other useful information. To correct or update this information, click on the link http:/.ForceSP.biz/clients/ By accessing your account and using the personal password you are responsible for all actions arising from their use.ForceSP cannot be held responsible for errors arising from user negligence in security and confidentiality of his account and password.
Any litigation concerning the use of this service will be resolved amicably. If the conflict is not settled amicably, competence is to Romanian courts. By agreeing to these Terms and Conditions, the customer assumes these risks entirely.
ForceSP expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate ForceSP policy. Finally, ForceSP wishes to emphasize that in signing the service agreement, subscribers indemnify ForceSP for any violation of the service agreement, law, or ForceSP policy, that results in loss to ForceSP or the bringing of any claim against ForceSP by any third-party. This means that if ForceSP is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against ForceSP , plus costs and reasonable attorneys' fees. Clients are not allowed to file a chargeback with your bank or any kind of dispute with paypal, if there is any such issue, all your accounts will be terminated immediately with all the data deleted without any prior notice and even legal actions might be taken for doing fraud.
Limitation Of Liability
ForceSP customers agree to indemnify and hold harmless ForceSP from any claims resulting from the use of our services that damages them or any other party. The ForceSP 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. ForceSP expressly disclaims any representation or warranty that the ForceSP service will be error-free, secure or uninterrupted. No oral advice or written information given by ForceSP, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. ForceSP 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.
The characteristics of each type of service are described in the corresponding boxes on www.forcesp.net web site. Further details are found on www.forcesp.net/terms.html which include the general form of contract between the client and beneficiary.
Service Cancellation Policy
If at any point of time you plan to cancel your service, you should inform ForceSP 24 hours before the date when you want to cancel it, you can inform by submitting a ticket for the billing department at http:/.ForceSP.biz/clients/ if you don't inform about it you will be liable to pay for the next billing cycle. If dues are not paid we reserve the right to suspend or terminate your account and also reserve the right to even suspend/freeze/takeover your domain to recover the funds. Please note that the cancellation request for dedicated server should be will be at least 14 days before the next due date.
ForceSP servers 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 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. Examples of unacceptable content or links include: pirated software, hacker programs or archives, pyramid/ponzi sites, Warez sites, MP3, Scam networks, sharing credit card information, bank information, paypal or other similar financial account information, etc.. If any of these activities are ever found in your account it will be terminated without any refunds and you might be liable to civil or criminal penalties.
Adult-oriented sites, pornography and sex-related merchandising are allowed only on our web hosting servers, you are not allowed to host any adult content on our shell hosting servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites. Child Pornography is strictly prohibited.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Any web site or process that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan.ForceSP shall be the sole arbiter of what is considered to be a high server usage level. Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Any attempts to undermine or cause harm to a ForceSP server or customer are strictly prohibited. Inviting/Spamming on IRC is also not tolerated, if found your account shall be terminated with no refunds. Going against the AUP of any IRC server/network using our server is also considered as abuse and if ever found your account shall be terminated with no refunds. HTTP and/or SOCKS Proxies are not allowed on any of the IRC/UNIX/IRCD Shells, please ask sales@ForceSP.biz for special package for proxies.
We try maintain a 99.9% uptime, but ForceSP offers no guarantee for uptime due to the nature of the business. We shall have the right to suspend the Services at any time and for any reason without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason. The Services provided to you here under and your account with us cannot be transferred or used by anyone other than you. No more than one login session under any one account may be used at any time by you. User programs may be run only during login sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately. ForceSP reserves the right to change/modify their services at any time without notice.
Most of our servers are provided with backup equipment and automated procedures. For liability reasons we cannot guarantee these backups at any given point in time. Backups are typically made on a secondary hard drive on the same server, therefore cannot be stored off site. Also if data is important please even maintain backups with yourself, as ForceSP will not be liable for any data loss due to any or no reason. If restoration of files, or database is required, please submit a support request. Restore request may take more time than most other support requests. We offer up to two free, full, or partial restores per client, per month. Resellers with many customers may be allotted more at ForceSP's full discretion.
Multi-Domain and Reseller accounts are for all legal purposes synonymous. A reseller may create sub-accounts within his/her own domain space, and sub-lease this space. The reseller account becomes the parent account to the sub-account. It is the responsibility of the reseller to supply technical support to their own clients. ForceSP and it's agents, will not supply technical support to the clients of our resellers without prior arrangements. A reseller must take full responsibility for their own payments to ForceSP regardless of their payment arrangements with their own clients. All users on ForceSP servers are required to follow the rules in this Terms of Service. A reseller may, impose more restrictive rules on their own clients, but not less restrictive.
Actions Taken by ForceSP
PERMISSIONS FOR THE CLIENT UTILISATION, RESPONSABILITIES AND OBLIGATIONS
The Client is understanding to use this account only for legal interests. Any using or trial which violate any local,state,federal or international law is unauthorized. Example : hacking cracking, port scan, detaining and distribution of pirated materials, recordings or pornography, sending of the publicity messages without any request (spam)). The violation of these rules is representing a defiance of the contract and will have as effect immediate reprievement withouth warning the client and also without receiving indemnities. All files,data,domains and the rest of the softs will become ForceSP estate. In plus, these violations will be reported to the police on local and international level immediately without any right of recourse.
- Account Setup & Email on file We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is YOUR responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you the primary email address on file will be used to do so. It is YOUR responsibility to ensure the email address on file is current or up to date at all times
- - Content All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography Examples of unacceptable material: IRC Bots File upload sites (ex. rapidshare.com ) Warez Sites Pirated Software Hate sites Hack programs and archives Proxy Scripts / Anonymizers
- - Zero Tolerance Spam Policy We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice. We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion. We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of ForceSP. All rights reserved.
- - Backups and Data Loss Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
- - Cancellation and Refunds We reserve the right to cancel the account at any time. We do not offer refunds for breech of our terms of service. Customers may cancel at any time. We give you an unconditional 30 day money back guarantee on managed shared hosting solution's. Refund requests after 30 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
- - Resource Usage Users may not initiate the following: Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. Run any software that interfaces with an IRC (Internet Relay Chat) network. Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
- - Bandwidth Usage You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month
- - Money back Guarantee Requests can be done only for the customers who already payed a service for minimum 12 months
- - Price Change The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time
- - PHP Files PHP file's uploaded in attempt to steal root access will be logged and may result in a loss of hosting with no refund payment.
- - Disclaimer We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
- -Changes to the TOS These terms are subject to change at any time without notice
- SPAM Spamming, the sending of unsolicited mass email from or through a ForceSP server or using an email address that is maintained on aForceSP machine is STRICTLY prohibited.ForceSP will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but channel activities through aForceSP server as a mail drop for responses. Violators will be assessed a minimum fine of $1000 and will face immediate suspension or account termination Even mass mailing is strictly prohibited.
- - ForceSP- offers internet services to his clients called on (“Client”). To provide quality services and safe to every Client, ForceSP needs to impose a series of rules which can be accepted or not by the client. These rules foresights legal informations linked with the payment and the services used by this. These rules can be modified any time, announcing, or not this thing. The Client is legally responsible about the usage terms and rules on this document.
- ForceSP does not allow IRC or IRC bots to be operated on our web hosting servers.
- We have the policy of 1 irc connection = 1 back ground process. (Non-IRCD Process)
- Ident spoofing is not allowed if ever found your account will be terminated without refund.
- Using abusive language with any of the ForceSP staff or in the ForceSP support channel is not tolerated and it will result into immediate account termination without refund.
- The Client doesn’t have the right to : - Run more services than he has permission to - Using the IP Address/hostname which are not public without written permission - Flood Max with Emech or with any services provided by ForceSP; - The port of PsyBNC or any type of bouncer must be only between 1500 - 6000 - The port of Eggdrop must be only between 15000 - 55000 - We don`t allowed Mech,Emech.
- The Reseller Accounts Must be TRUE RE-SELLER ACCOUNTS ; The Reseller account must not be used for personal use.
- The IRCD Servers Must not be linked to IRC Networks that promote Transmission, storage, or distribution of any information, data, or material in violation of any applicable law.
- 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. Examples of unacceptable content or links include: pirated software, hacker programs or archives, pyramid/ponzi sites, Warez sites, MP3, Scam networks, sharing credit card information, bank information, paypal or other similar financial account information, etc.. If any of these activities are ever found in your account it will be terminated without any refunds and you might be liable to civil or criminal penalties.
- Violation of the rules mentioned before means the trespass of the contract and will immediately suspend or erase the account, without receiving any indemnity. Customers may cancel at any time. We give you an unconditional 7 day money back guarantee on IRC hosting solution's. Refund requests after 7 days will be refunded on a prorated basis of any unused time.
IRC Hosting Terms
IRC is allowed on our irc/shell servers.
Either party has the right to terminate this Agreement at any time upon notice to the other Party prior notice of at least 15 days. Therefore in the event of early termination, price is recalculated services performed to date of termination, taking as reference the corresponding price offer for a cycle ForceSP bills a month. After recalculation, where there are no other debts of the beneficiary to the supplier (including the conduct of other contracts) be returned to the client remaining difference to the amount paid for it in advance. In case of a request for termination, the supplier may issue an invoice in advance for contracted client services relative to the remainder of the effective termination date of the contract and the service contract has been paid in advance by the client. The customer is obliged to pay this invoice within 24 hours from the date of issue.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice. We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion. We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of ForceSP. All rights reserved.