Users of Seamless Web Solutions
services/products agree to the following
Terms of Service and Acceptable Usage
Policy. Any violation of the following TOS
or AUP can result in the immeadiate
suspension or removal of your hosting
account and/or dedicated server.
SeamlessWS:
Network Usage Policy
The following are considered violations of
SeamlessWS AUP (acceptable use policy)
1. Illegal use: SeamlessWS services may not
be used for illegal purposes, or in support
of illegal activities. SeamlessWS reserves
the right to cooperate with legal
authorities and/or injured third parties in
the investigation of any suspected crime or
civil wrongdoing.
2. Threats: Use of the SeamlessWS service to
transmit any material (by e-mail, uploading,
posting or otherwise) that threatens or
encourages bodily harm or destruction of
property.
3. Harassment: Use of the SeamlessWS service
to transmit any material (by e-mail,
uploading, posting or otherwise) that
harasses another.
4. Forgery or impersonation: Adding,
removing or modifying identifying network
header information in an effort to deceive
or mislead is prohibited. Attempting to
impersonate any person by using forged
headers or other identifying information is
prohibited. The use of anonymous remailers
or nicknames does not constitute
impersonation.
5. Fraudulent activity: Use of SeamlessWS
service to make fraudulent offers to sell or
buy products, items, or services, or to
advance any type of financial scam such as
"pyramid schemes" and "chain letters."
6. Unsolicited commercial e-mail /
Unsolicited bulk e-mail (SPAM) Use of the
SeamlessWS service to transmit any
unsolicited commercial or unsolicited bulk
e-mail is expressly prohibited. Violations
of this type will result in the immediate
termination of the offending SeamlessWS
account.
IMPORTANT NOTICE:
Anyone hosting websites or services on their
server that support spammers or cause any of
our IP space to be listed in any of the
various Spam Databases will have their
server immediately removed from our network.
The server will not be reconnected until
such time that you agree to remove ANY and
ALL traces of the offending material
immediately upon reconnection and agree to
allow us access to the server to confirm
that all material has been COMPLETELY
removed. Severe violations may result in
immediate and permanent removal of the
server from our network without notice to
the customer. Any server guilty of a second
violation WILL be immediately and
permanently removed from our network without
notice.
7. E-mail / News Bombing: Malicious intent
to impede another person's use of electronic
mail services or news will result in the
immediate termination of the offending
SeamlessWS account.
8. E-mail / Message Forging: Forging any
message header, in part or whole, of any
electronic transmission, originating or
passing through the SeamlessWS service is in
violation of this AUP.
9. Usenet SPAMing: SeamlessWS has a zero
tolerance policy for the use of its network
for the posting of messages or commercial
advertisements, which violate the rules,
regulations, FAQ or charter of any
newsgroups or mailing list. Commercial
messages that are appropriate under the
rules of a newsgroup or mailing list or that
are solicited by the recipients are
permitted. Paid emails from Paid To Services
are not considered SPAM as long as the
receiver has opted in to receive paid emails
from your site.
10. Unauthorized access: Use of the
SeamlessWS service to access, or to attempt
to access, the accounts of others, or to
penetrate, or attempt to penetrate, security
measures of SeamlessWS' or another entity's
computer software or hardware, electronic
communications system, or telecommunications
system, whether or not the intrusion results
in the corruption or loss of data, is
expressly prohibited and the offending
SeamlessWS account is subject to immediate
termination.
11. Copyright or trademark infringement: Use
of the SeamlessWS service to transmit any
material (by e-mail, uploading, posting or
otherwise) that infringes any copyright,
trademark, patent, trade secret or other
proprietary rights of any third party,
including, but not limited to, the
unauthorized copying of copyrighted
material, the digitization and distribution
of photographs from magazines, books, or
other copyrighted sources, and the
unauthorized transmittal of copyrighted
software.
12. Collection of personal data: Use of the
SeamlessWS service to collect, or attempt to
collect, personal information about third
parties without their knowledge or consent.
13. Network disruptions and unfriendly
activity: Use of the SeamlessWS service for
any activity which affects the ability of
other people or systems to use SeamlessWS
Services or the Internet. This includes
"denial of service" (DOS) attacks against
another network host or individual user.
Interference with or disruption of other
network users, services or equipment is
prohibited. It is the Member's
responsibility to ensure that their network
is configured in a secure manner. A
Subscriber may not, through action or
inaction, allow others to use their network
for illegal or inappropriate actions. A
Subscriber may not permit their network,
through action or inaction, to be configured
in such a way that gives a third party the
capability to use their network in an
illegal or inappropriate manner.
Unauthorized entry and/or use of another
company and/or individual's computer system
will result in immediate account
termination. SeamlessWS will not tolerate
any subscriber attempting to access the
accounts of others, or penetrate security
measures of other systems, whether or not
the intrusion results in corruption or loss
of data.
14. Fraud: Involves a knowing
misrepresentation or misleading statement,
writing or activity made with the intent
that the person receiving it will act upon
it.
15. Infringement of Copyright, Patent,
Trademark, Trade Secret, or Intellectual
Property Right: Distribution and/or posting
of copyrighted or the aforementioned
infringements will not be tolerated.
16. Distribution of Viruses: Intentional
distributions of software that attempts to
and/or causes damage, harassment, or
annoyance to persons, data, and/or computer
systems are prohibited. Such an offense will
result in the immediate termination of the
offending account.
17. Inappropriate Use of Software: Use of
software or any device that would facilitate
a continued connection, i.e. pinging, while
using SeamlessWS services could result in
suspension service.
18. Third Party Accountability: SeamlessWS
subscribers will be held responsible and
accountable for any activity by third
parties, using their account, that violates
guidelines created within the Acceptable Use
Policy.
SeamlessWS: Privacy Policy SeamlessWS will
not sell or release it's customer
information to any third-party organization,
with the exception that if a government
agency with a valid warrant, order, etc.
requests such information. SeamlessWS will
not protect criminals, and will make no
effort to withold user information from
government agencies with a valid warrant.
SeamlessWS
Full Terms of Service:
IMPORTANT NOTICE: *All Payments To Seamless
Web Solutions Are Non-Refundable*
SeamlessWS agrees to furnish
services to the Subscriber, subject to the
following TOS (Terms of Service).
Use of SeamlessWS Service constitutes
acceptance and agreement to SeamlessWS'
AUP as well as SeamlessWS' TOS (Terms of
Service). All provisions of this contract
are subject to the TOS (Terms of Service) of
SeamlessWS and AUP (acceptable use
policy). The AUP may be changed from time to
time at the discretion of SWS.
Subscriber understands that change to the AUP
by SWS shall not be grounds for early
contract termination or non-payment.
1. Disclosure:
The AUP specifically prohibits the use of
our service for illegal activities.
Therefore, Subscriber agrees that the
SWS may disclose any and all subscriber
information including assigned IP numbers,
account history, account use, etc. to any
law enforcement agent who makes a written
request without further consent or
notification to the Subscriber. In addition
SWS shall have the right to
terminate all service set forth in this
Agreement.
2. Service Rates:
Subscriber acknowledges that the nature of
the service furnished and the initial rates
and charges have been communicated to
Subscriber. Subscriber is aware that SWS may
prospectively change the specified rates and
charges from time to time. The promotional
offer is contingent upon SWS achieving and maintaining its
cost of service goals including but not
limited to rates charged to company by its
suppliers.
3. Payment:
Establishment of this service is dependent
upon receipt by the SWS of payment of stated
charges. Subsequent payments are due by the
5th of the month for that month's service.
Subscriber agrees that The SWS automatically charges
subscriber's credit card and/or PayPal
account every month when subscribed to a
monthly billing plan. If no subscription is
in place, the customer agrees to pay their
hosting bill in full by the 5th of each
month or the hosting will be suspended until
all monies are collected.
4. Payments and Fees:
Credit cards that are declined for any
reason are subject to a $1.00 declination
fee. Service will be interrupted on accounts
that reach 4 days past due. Accounts that
are not collectable by SWS may be turned
over to an outside collection agency for
collection. If your account is turned over
for collection, you agree to pay SWS 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 this TOS.
5. Refund and Disputes:
All payments to SeamlessWS, Inc. are
nonrefundable. This includes the one time
setup fee and subsequent charges regardless
of usage. All overcharges or billing
disputes must be reported within 30 days of
the time the dispute occurred. If you
dispute a charge to your credit card issuer
that, in SWS' sole discretion is
a valid charge under the provisions of the
TOS and /or AUP, you agree to pay SWS an
"Administrative Fee" of not less than $50
and not more than $150. Refunds will only be
granted in the case of SWS' failure to meet the 99.5% uptime
SLA of the Apache web service. Refunds will
be rewarded on a pro-rated basis, 1%
downtime over our uptime SLA will result in
a 10% refund of a user's monthly fee, up to
a 100% maximum monthly fee refund. Refund
requests must be communicated to our sales
department before the end of the user's
account is renewed for the next month (the
end of the billing month).
6. Failure to Pay: SeamlessWS may
temporarily deny service or terminate this
Agreement upon the failure of Subscriber to
pay charges when due. Such termination or
denial will not relieve Subscriber of
responsibility for the payment of all
accrued charges, plus reasonable interest
and any collection fees.
7. Subscriber acknowledges that the service
provided is of such a nature that service
can be interrupted for many reasons.
Therefore, subscriber agrees that SWS shall not be liable for any damages.
In no event shall SWS be liable for
any special or consequential damages, loss
or injury.
8. SPAM and Unsolicited Commercial Email (UCE):
SeamlessWS takes a zero tolerance
approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our
network. Very simply this means that
customers of SWS may not use or
permit others to use our network to transact
in UCE. Customers of SWS may not
host, or permit hosting of, sites or
information that is advertised by UCE from
other networks. Violations of this policy
carry severe penalties, including
termination of service.
a. Violation of SeamlessWS' SPAM policy
will result in severe penalties. Upon
notification of an alleged violation of our
SPAM policy, SWS will initiate an
immediate investigation (within 48 hours of
notification). During the investigation,
SWS may restrict customer access
to the network to prevent further
violations. If a customer is found to be in
violation of our SPAM policy, SWS
may, at its sole discretion, restrict,
suspend or terminate customer's account.
Further, SWS reserves the right to
pursue civil remedies for any costs
associated with the investigation of a
substantiated policy violation. SWS will notify law enforcement
officials if the violation is believed to be
a criminal offense.
b. First violations of this policy will
result in an "Administrative Fee" of $250
and your account will be reviewed for
possible immediate termination. A second
violation will result in an "Administrative
Fee" of $500 and immediate termination of
your account. Users who violate this policy
agree that in addition to these
"Administrative" penalties, they will pay
"Research Fees" not to exceed $175 per hour
that SWS personnel must spend to
investigate the matter. PLEASE, DO NOT SPAM
from your account.
c. As our Customers are ultimately
responsible for the actions of their clients
over the SWS network, it is
advisable that Customers develop a similar,
or stricter, policy for their clients.
IMPORTANT NOTICE:
Anyone hosting websites or services on their
server that support spammers or cause any of
our IP space to be listed in any of the
various Spam Databases will have their
server immediately removed from our network.
The server will not be reconnected until
such time that you agree to remove ANY and
ALL traces of the offending material
immediately upon reconnection and agree to
allow us access to the server to confirm
that all material has been COMPLETELY
removed. Severe violations may result in
immediate and permanent removal of the
server from our network without notice to
the customer. Any server guilty of a second
violation WILL be immediately and
permanently removed from our network without
notice.
9. Network
a. IP Address Ownership: If SeamlessWS
assigns Customer an Internet Protocol
address for Customer's use, the right to use
that Internet Protocol address shall belong
only to SWS, and Customer shall
have no right to use that Internet Protocol
address except as permitted by SWS
in its sole discretion in connection with
the Services, during the term of this
Agreement. SWS shall maintain and
control ownership of all Internet Protocol
numbers and addresses that may be assigned
to Customer by SWS, and SWS reserves the right to change or
remove any and all such Internet Protocol
numbers and addresses, in its sole and
absolute discretion. Our allocation of IP
addresses is limited by ARIN's new policies.
These new policies state that use of IP
addresses for IP based virtual hosts will
not be accepted as justification for new IP
addresses. What this means to you is that
you MUST use name-based hosting where
possible. We will periodically review IP
address usage, and if we find that clients
are using IP addresses where name-based
hosting could be used, we will revoke
authorization to use those IP addresses that
could be used with name-based hosting. All
IPs that are allocated to client must be
utilized within 48 hours. If allocated IPs
are not utilized within this time frame SWS reserves the right to retract IPs
that are not being utilized without
notifying the client
b. Bandwidth Usage. SWS will
monitor Customer's bandwidth. If the
customer is found to be nearing exceeding
their allotted bandwidth, the customer will
be notified that a higher plan is needed. If
the request to upgrade current plan is
ignored, SWS
shall have the right to take corrective
action if Customer's usage negatively
impacts other clients.
c. System and Network Security: Users are
prohibited from violating or attempting to
violate the security of the SWS Network. Violations of system or network
security may result in civil or criminal
liability. SWS will investigate
occurrences, which may involve such
violations and may involve, and cooperate
with, law enforcement authorities in
prosecuting Users who are involved in such
violations. These violations include,
without limitation:
i. Accessing data not intended for such User
or logging into a server or account, which
such User is not authorized to access. ii.
Attempting to probe, scan or test the
vulnerability of a system or network or to
breach security or authentication measures
without proper authorization.
iii. Attempting to interfere with service to
any user, host or network, including,
without limitation, via means of
overloading, "flooding", "mail bombing" or
"crashing".
iv. Forging any TCP/IP packet header or any
part of the header information in any e-mail
or newsgroup posting.
v. Taking any action in order to obtain
services to which such User is not entitled.
10. Notification of Violation:
a. SeamlessWS is under no duty to look at
each customer's or user's activities to
determine if a violation of the AUP has
occurred, nor do we assume any
responsibility through our AUP to monitor or
police Internet-related activities.
b. First violation: Any User, which SWS
determines to have violated any element of
this Acceptable Use Policy, shall receive an
email, warning them of the violation. The
service may be subject at SWS' discretion to a temporary
suspension pending a User's agreement in
writing, to refrain from any further
violations.
c. Second Violation: Users that SWS determines to have committed a
second violation of any element of this
Acceptable Use Policy shall be subject to
immediate suspension or termination of
service without further notice.
d. We reserve the right, to drop the section
of IP space involved in Spam or
Denial-of-Service complaints if it is clear
that the offending activity is causing great
harm to parties on the Internet. In
particular, if open relays are on your
network or a customer's network, or if
denial of service attacks are originating
from your network. In certain rare cases, we
may have to do this before attempting to
contact you. If we do this, we will contact
you as soon as is feasible.
11. Suspension of Service or
Cancellation: SeamlessWS reserves the
right to suspend network access to any
customer if in the judgment of the SWS network administrators the
customer's server is the source or target of
the violation of any of the other terms of
the AUP or for any other reason which SWS chooses. If inappropriate activity
is detected, all accounts of the Customer in
question will be deactivated until an
investigation is complete. Prior
notification to the Customer is not assured.
In extreme cases, law enforcement will be
contacted regarding the activity. The
customer will not be credited for the time
the customer's machines were suspended.
12. SeamlessWS reserves the right to
amend its policies at any time. All
Sub-Networks, resellers and unmanaged
servers of SWS must adhere to the
above policies. Failure to follow any term
or condition will be grounds for immediate
Cancellation. You will be held responsible
for the actions of your clients in the
matter described on these Terms and
conditions. Therefore, it is in your best
interest to implement a similar or stricter
Terms and conditions or otherwise called
Acceptable Terms of use policy.
13. Indemnification: SeamlessWS wishes to
emphasize that in agreeing to the SWS Acceptable Use Policy (AUP) and
Terms of Service (ToS), customer indemnifies
SWS for any violation of the
Acceptable Use Policy (AUP) and Terms of
Service (ToS) that results in loss to SWS or the bringing of any claim
against SWS by any third-party.
This means that if SWS is sued
because of a customer's or a customer of a
customer's activity, the customer will pay
any damages awarded against SWS,
plus all costs and attorney's fees.
13a Customer acknowledges that the service
provided is of such a nature that service
can be interrupted for many different
reasons and interruptions can be prolonged
due to external or internal events.
Therefore, subscriber agrees that the SWS shall not be liable for any damages
arising from such loss of service for any
reason. In no event shall the company be
liable for any special or consequential
damages, loss or injury.
13.b Customer acknowledges that collocation
servers can be damaged from shipping and
handling of the collocation servers. Customer
shall not hold SWS liable for
damage to any collocation server for any
reason. The customer is responsible for
insuring the monetary value the of the
collocation server for the value of the
server. In no event shall the company be
liable for any special or consequential
damages, loss or injury.
14. Miscellaneous Provisions: You must
provide us with, and keep current, good
contact information for you. E-mail, fax,
and telephone contacts are used, in that
order of preference.
a. A waiver by SeamlessWS of any breach of
any provision of this Agreement by
Subscriber shall not operate as or be
construed as a continuing or subsequent
waiver thereof or as a waiver of any breach
of any other provision thereof.
b. Subscriber shall not transfer or assign
this Agreement without the prior written
consent of SWS. SWS may assign
Agreement at anytime without consent from or
notice to Subscriber. SWS reserves right
to cancel customers rights under this
contract at anytime without further
obligation.
c. SWS takes no responsibility for
any material input by others and not posted
to the SWS Network by SWS. SWS is not responsible
for the content of any other websites linked
to the SWS Network; links are
provided as Internet navigation tools only.
SWS disclaims any responsibility
for any such inappropriate use and any
liability to any person or party for any
other person or party's violation of this
policy.
d. SWS is not responsible for any
damages your business may suffer. SWS does not make implied or written
warranties for any of our services. SWS denies any warranty or
merchantability for a specific purpose. This
includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and
all service interruptions caused by SWS.
e. It is absolutely forbidden to host
pornographic content or IRC servers on
Virtual Server Accounts. Virtual Server
Accounts found hosting this material will be
subject to immediate cancellation without
refund.
15. Responsibility for Content: You, as
SeamlessWS' customer, are solely
responsible for the content stored on and
served by your SWS server.
16. Service Cancellations: the Customer
wishing to cancel service on an existing
account with SeamlessWS must submit their
initial cancellation request seven days
before the Customer's recurring bill date in
order to avoid an additional charge.
Cancellation requests must be submitted to
support@seamlesswebsolutions.com in order to be
processed.
Have more questions? Contact us below for
answers!
Support Email:
support@seamlesswebsolutions.com |
