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Mediabag Terms of Service Mediabag reserves the right to change this Policy any time, so please check this page regularly. Mediabag strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Mediabag customers and us against such harm. Payment Policies, Fees, Refunds and Terms of Agreement: Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. We do give refunds for full months unused, should you want to cancel prepaid service. If you decide to cancel after prepayment, you will not receive a refund for the current month in use (we do not give partial months refunds). This will result in paying for the months used and refunding the balance. This only applies to cancellation by the client. If Mediabag performs cancellation due to restrictions violation, there will be no refund. Plans may be upgraded by request at any time. Mediabag reserves the right to change prices for new/upgrade plans at any time. Account Cancellation You may cancel at anytime. To cancel your account, please log a trouble ticket. Notification of cancellation must be received at least ten business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Clients Responsibility to secure email confirmation from Mediabag that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations. Indemnification Policy You agree to use all Mediabag services and facilities at your own risk. Mediabag specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Mediabag 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 Mediabag harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Mediabag, 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 Mediabag against liabilities arising out of: (1) any injury to person or property caused by any products sold or otherwise distributed in connection with a Mediabag server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from a Mediabag server. Mediabag shall be the sole arbitrator of what violates this Policy. SPAM Policy Mediabag is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit spam, any unsolicited commercial email, any unsolicited email, any bulk email etc from being sent either: over the Mediabag network, using a Mediabag account, by customers or any other users of the Mediabag network and/or system (including customers' customers); AND/OR over ANY network — even if the message sent advertises or mentions a site hosted on the Mediabag server. If we receive a 'spam' complaint from any individual/organisation (we see spam as being the actual opinion of the person who received/read any email) about an email from one of our accounts or customers then all accounts relating to that customer will be suspended immediately without prior notification pending an investigation. It is at our own sole discretion the outcome of any such investigations, although the account holder will be asked for an explanation after their account has been suspended. If we receive no response from the account holder within 24 hours of the request being made by us (not received by the account holder) then the account will be removed indefinitely. No notification, prior or subsequent to account removal will be forthcoming, except on a case by case basis which will be solely decided by Mediabag. No refunds or loss of income of any type arising from account suspension or removal will be made due to any actions carried out by Mediabag in response to complaints which we receive. We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Mediabag email address or web site URL is prohibited. The use of Mediabag servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam will be billed a "clean up" fee of €500 (500 EURO). If you have any complaints or comments regarding Spam on our network, please direct them via our contact page. Abusive Behaviour All customers of Mediabag are expected to behave ethically. Abusive behaviour of any type will not be tolerated. This includes but is not limited to being abusive to the company Mediabag, our services, owners, employees or customers. Reports of alleged abusive behaviour should be brought to our attention as soon as possible so that we can investigate the issue. Behaviour will be deemed abusive at our sole discretion. Accounts will be terminated immediately for abusive actions. Content Policy All services provided by Mediabag may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any English Law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Mediabag from any claims resulting from the use of the service that damages the subscriber or any other party. Pornography and sex-related merchandising is prohibited on all Mediabag servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Mediabag will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Mediabag servers or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links:
Any illegal activity, including adult content, links to adult content web sites, spamming, phishing or hacking will result in your site being shut down and all your files deleted without warning. Mediabag will be the sole arbiter as to what constitutes a violation of this provision. Email Policy Mediabag may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 25 email addresses or more than 10 news groups. Scripts Each account comes with its own cgi-bin and PHP. You are free to use any CGI/PHP scripts you wish, however we reserve the right to disable any script that effects normal server operation or service to other Mediabag customers. You will be notified in 24 hours about the offending script. No chat room or similar scripts allowed. The following is a list of banned scripts. Although this is not an exhaustive list, it nontheless should give an idea of scripts which are not allowed on MediaBag:
- UltimateBBS (all versions)
CPU Usage. Customer agrees that Customer shall not use excessive amounts of CPU processing on any of MediaBag's servers. Any violation of this policy may result in corrective action by MediaBag, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in MediaBag's sole and absolute discretion. If MediaBag takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Chat Policy Mediabag does not allow chat rooms. You can however link your site to a chat provider. Some examples of chat providers are: www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com. Traffic Policy Mediabag allows for very generous traffic. However, it is not unusual for sites that offer shareware, sound, video, image and multimedia archives to require substantial monthly transfer. Mediabag customers are discouraged from offering such services and from storing any files that cause excessive traffic on Mediabag servers. We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. Any deliberate attempt to cause damage to Mediabag or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case. All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill €5.00 (5 EURO) for each gig of traffic exceeded. You will NOT be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel. Backups Mediabag performs essential operating system backups. We also backup a copy of the customers web site to a second hard drive. Normal attempts to restore the backups will only ever be made in the case of a disk failure. We take no responsibility for customers data that is stored on our systems. We do not guarantee that our backups will restore. If the backup data does not restore to any extent then it is the full responsibility of the customer to upload their own latest copy of their data. We will implicitly never incur any costs or efforts associated with data recovery or restoration. It is still the full responsibility of the customer to have a secure, full, and up-to-date copy of their account. This should be stored in an alternate location to our servers. The "Backup Manager" control panel utility is included in each hosting plan and clients can and should use this tool to back up their files regularly, either to their own PC or to an FTP server (e.g. ibackup.com). Any loss of data stored on our server and/or the ramifications of such loss is the sole responsibility of the client. Uptime Guarantee Mediabag will refund the customer 5% of the monthly fee for each 120 minutes of downtime (up to a max of 100% of customer's monthly fee). This guarantee excludes scheduled maintenance. Downtime exists when a server that a particular customer is on is unavailable and the customer is unable to transmit and receive data. The customer must record such failure in the Mediabag trouble ticket system. The trouble ticket must contain a tracert (tracerroute) of the problem (see dnsstuff.com) proving that the issue is at MediaBag's end. Downtime is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data. Downtime does not cover any issues which are outside of our direct control (e.g. the Internet, local ISP's, your local equipment etc). Such refunds are given when requested by the customer within 24 hours of the associated trouble ticket being opened. 7 day refund 100% satisfaction guarantee If a new Mediabag customer is not fully satisfied with the service purchased then we will refund the first payment in full if so requested within 7 days of the account being opened by Mediabag. Such requests must be recorded in the Mediabag ticket system before the 7 days expire. Any violations to Mediabag's TOS makes this and any other guarantee null and void. Refunds (partial / full) will only be due in cases where less than 5% of your monthly space/transfer (bandwidth) resources have been used. If you have used 5% or more of your monthly allocation of resources then this is construed as being fully satisfied with our service and removes any entitlement to a refund. Account Termination Accounts will be terminated without prior notification at Mediabag's discretion if any of these terms are violated. No refunds will be given/owed in such cases. If an account holder / customer is in doubt about any of the above then
they should first contact us before taking any actions which may be deemed
by us to be in contradiction to these terms. By signing up to any of Mediabag’s
services you automatically agree that you fully understand and accept
these terms. These terms are subject to change or alteration at any time
by Mediabag. It is the customers sole responsibility to ensure that they
are abiding by Mediabag’s terms at all time. Jurisdiction These terms and conditions of use shall be construed and interpreted in accordance with Irish law. The Courts of Ireland shall have exclusive jurisdiction in relation to any claim, dispute or other matter arising therefrom. |
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