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ThemeFreaks Hosting Terms and Conditions

Introduction

This Agreement between you and ThemeFreaks consists of these Terms and Conditions. ThemeFreaks referred hereinafter as 'ThemeFreaks', 'our', 'we' and 'us.'

All accounts on our web servers, including reseller and resold accounts, are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgment that you have read, understand, and agree to be bound by terms and conditions below.

We reserve the right to change this policy at any time without prior notification. We encourage you to check here on a regular basis. If you have any questions about our usage policy please contact the webmaster


User Conduct

Our services may only be used for lawful purposes - any use of these services which violates any laws which may apply to ThemeFreaks, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited, it is your responsibility to be aware of the laws in both the jurisdiction of where our servers are located United States of America and your local jurisdiction.

In particular, while using our services you may not:

  • Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
  • Restrict or inhibit any other user from using and enjoying the Internet.
ThemeFreaks reserves to the right to the final decision on what constitutes abuse.

Resource Usage, Adult-Oriented Sites

Users may not do the following on our servers:

  • Run any process that over uses the resources of the server.
  • 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 all daemons, such as IRCD.
  • Run any IRC software or any software which connects to an IRC network.
  • Run any site with adult-oriented content (pornographic material) if you are unsure as to what constitutes Adult material please email the webmaster

Account Violations

We take a zero tolerance stance against any of the following activities:

  • Spam Policy: Sending of unsolicited e-mail, commonly known as spam. Any domain which sends out spam will have their account terminated.
  • Denial of Service Attack Policy: Any account launching a Denial of Service from our server(s) against any other server will be terminated without prior notice.
  • Server Exploiting Policy: Any account who is attempting or has attempted to successfully or unsuccessfully exploit any of the server's services, including but not limited to the http server or ssh server, or attempting to gain root access will have their account terminated without notice.

Should one of your resold accounts be involved in any if these activities then that domain will be suspended but your main domain and all other domain you host will remain active.

ThemeFreaks reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy. ThemeFreaks also reserves the right to make any such modifications in an emergency at our sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless ThemeFreaks from any and all liability, penalties, losses, damages, costs, expenses, attorney fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, ThemeFreaks, or any other party or parties without limitation or exception.

No warranties

ThemeFreaks makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by ThemeFreaks or its agents or employees shall create a warranty. Under no circumstances shall ThemeFreaks be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

You understand that by placing information on ThemeFreaks servers that such information becomes available to all Internet users and that ThemeFreaks has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of ThemeFreaks servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through ThemeFreaks or on the Internet generally.

Your use of the service is at your sole risk. ThemeFreaks is 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 ThemeFreaks servers.

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by ThemeFreaks, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future ThemeFreaks policy decisions.

Payment & Other Information

You agree to supply appropriate payment for the services received from ThemeFreaks, in advance of the time period during which such services are provided. You agree that until and unless you notify ThemeFreaks of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Agreement Acknowledgment

This agreement supersedes any written, electronic, or oral communication you may have had with ThemeFreaks or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

By placing and continuing to maintain or place information on ThemeFreaks servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

Backups

Full backups are made daily. No guarantees are made as to the integrity of these backups. It is the clients responsibility to maintain local copies of their web content and information.

Uptime Guarantee

ThemeFreaks guarantee an uptime of 99% in any calendar month. Should we not reach this we will credit your account with 100% of your monthly fee, upon receipt of a refund request.

Cancellation Policy

Account can be canceled at any time. All cancellation requests must be submitted by emailing the webmaster by the person listed as the main account contact. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable. You must include your account username and password for verification.

Miscellaneous

Any decision made by ThemeFreaks under this Agreement shall be final. ThemeFreaks shall have no liability for any such decision. You will be responsible for all reasonable expenses (including attorney fees) incurred by ThemeFreaks in collecting unpaid amounts under this Agreement. This Agreement shall be governed by the laws of United States of America. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in United States of America. This constitutes the entire agreement between the parties with respect to the subject matter hereof. You may not resell, assign, or transfer any of its rights hereunder. Any such attempt may result in termination of this Agreement, without liability to ThemeFreaks and without any refund. The relationship(s) between ThemeFreaks and the "Partners" is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be construed as if both parties jointly wrote it.


United States of America, April 2017


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