The official paper series brought to you by The Brandsoup Agency.
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The official paper series brought to you by The Brandsoup Agency. |
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Terms of Service/Acceptable Use Policy. Every member of The Brandsoup Agency hosting service must adhere to the following: Licensed Software Only. No pirated software, hacker programs, archives or any such unacceptable content allowed on any of our sites. All pornographic content and sex-related merchandising are strictly prohibited on any & all Brandsoup Agency servers. This includes, but is not limited to, any sites that may infer sexual content or links to adult content elsewhere. The Brandsoup Agency will be the sole judge as to what constitutes a violation of this provision. Sites that promote any illegal activity or present content that may be damaging to The Brandsoup Agency servers or any other server on the Internet (as well as links to such materials) are all prohibited. SSH "Shell" Access Prohibited. No user on The Brandsoup Agency servers shall have SSH access. Why? SSH currently has several vulnerabilities that can harm servers, and in effect, harm other clients. Security measures only slow servers down and do not guarantee full security. As we are aware that there is no such 'full-security' server, we have made the decision to ban such access on our servers for SSH for extra security and the 'peace-of-mind' of our current clients. Bulletin Boards: The Ultimate Bulletin Board (UBB), IkonBoard, Burning Board (WBB) & yaBB are all BANNED from our servers. Currently all other BB's are allowed. Why? The mentioned CGI-BIN boards (even with new PHP components) require exhaustive resources from our servers and take speed away from other clients. Chat Rooms: Chat Rooms & top site scripts are likely to use an unacceptable amount of resources and are therefore not allowed on The Brandsoup Agency servers. phpNuke: Currently phpNuke has a bad drain on server resources and therefore is banned from our servers until further notice. We recommend its counterpart, PostNuke (also available from our control panel). Fantastico!: On all servers, we have placed the script: Fantastico!. We are not responsible for the problems this script may cause. We have also edited the script to disallow phpNuke from being installed. Spamming is prohibited. Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is strictly prohibited on any and all of the The Brandsoup Agency servers. The client shall not use the services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given prior, specific permission and authorization to be included in such a process. Termination Rights: The Brandsoup Agency reserves the right to terminate and deactivate any such site from our servers that, at our sole discretion, is deemed to be unacceptable, undesirable or may damage the reputation of The Brandsoup Agency. Content: All services provided by The Brandsoup Agency 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, and invasion of privacy. The subscriber agrees to indemnify and hold harmless The Brandsoup Agency from any and all claims resulting from the use of the service which damages the subscriber or any other party. Limitation of Liability: IN NO EVENT SHALL The Brandsoup Agency BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE The Brandsoup Agency SITE OR ANY The Brandsoup Agency PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL The Brandsoup Agency CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US). Disclaimer of Warranty: The services, the The Brandsoup Agency site, and also including, but not limited to: all products and services displayed or offered on the The Brandsoup Agency site, and all text, graphics, links and applications are provided to client on a 'as is' basis and without warranty of any kind. The Brandsoup Agency disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing, The Brandsoup Agency specifically disclaims any warranty that (1) the services will be uninterrupted or error-free; (2) defects will be corrected; (3) there are no viruses or other harmful components; and (4) the security methods employed will be sufficient. Disclosure of Law Enforcement: This AUP/TOS specifically prohibits the use of our service for illegal activities. Therefore, Client agrees that The Brandsoup Agency may disclose any and all Client information including IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Client. In addition, The Brandsoup Agency shall have the right to terminate all service set forth from this agreement. Payment: Establishment of this service is dependant upon receipt by The Brandsoup Agency of stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup. Payments and Fees: Credit Cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach five (5) days past due. Service interrupted for nonpayment is subject to an additional $5.00 reconnection charge. Accounts not paid by due date are subject to a $15.00 late fee. Accounts that are not collectable by The Brandsoup Agency will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in the "CANCELLATION" section in this AUP/TOS. Failure of Payment: The Brandsoup Agency may temporarily deny service or terminate this Agreement upon the failure of the Client to pay charges when due. Such termination or denial will not relieve Client of responsibility for the payment of all accrued charges, plus any collection fees. Server Abuse: Any attempt to undermine or cause harm to a server, or customer, of The Brandsoup Agency is strictly prohibited. Such actions will result in immediate suspension or even possible removal of that account. This includes, but is not limited to: using programs that consume excessive CPU resources for a prolonged period of time, allowing the use of mail services, mail forwarding capabilities, or auto responders other than for the customer's own account; resale or subleasing or subletting (free) use of disk space without an appropriate reseller agreement; use of servers for backup of files unrelated to the web site of the account; or resale or remote access to CGI scripts installed on our servers. In some cases, a 72 hour notice will proceed an account suspention, however The Brandsoup Agency is granted permission to suspend an account at any time (even within a 72 hour notice). Operation of IRC servers or IRC bots will result in an immediate suspension of service. Not DNS'ing you domain to our servers, only using an IP address that we assign is prohibited. Your site MUST be pointed to our servers. We will not do IP Hosting! Abuse also includes any attempts to deliver virus(s) or other computer programming defects which can or may result in damage to The Brandsoup Agency or any third party. Systems Resource Usage: If The Brandsoup Agency discovers that a customer's web site or scripts are using an unacceptable amount of a server's resources including, but not limited to: CPU and Memory Usage, we may suspend or terminate the customer's account without notice. On most occasions we may only suspend/terminate accounts without notice if the client's site is in question or is likely to jeopardize the smooth running of The Brandsoup Agency servers. Typically, The Brandsoup Agency will email the customer in question, asking them to reduce the resources they are using. Bandwidth: Client may occupy only the amount of disk space on the The Brandsoup Agency server and utilize no more than the network bandwidth that is allotted by The Brandsoup Agency. Additional fees, specified on the "hosting packages" page will be charged for exceeding the disk space and/or bandwidth allowance on your selected plan. Cancellation: Cancellation can be made via email to support@brandsoup.com. This must be made by the email from the master email account on file. Although no notice is required, and there is no cancellation fee, all fees paid for service up to the notice of cancellation are non-refundable. If cancellation is made within the first 30-days of service, all hosting fees will be refunded. Accounts cancelled/terminated by The Brandsoup Agency for violating our AUP/TOS do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund. In such a case, it is requested that you provide a detailed description for the reason of your cancellation. Suspension: Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion. All sub-networks, distributive hosting sites, and dedicated servers of The Brandsoup Agency must adhere to the above policies. Please direct any reports of violations of the above policies to support@brandsoup.com. Failure to follow any term or condition will be grounds for immediate account deactivation. The Brandsoup Agency does reserve the right to update this AUP/TOS at any time. |
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