Service Contract

Terms Of Service

Use of Download 4 You, Inc., products and services constitutes acceptance and agreement to Download 4 You TOS (Terms of Service).

For the purposes of these Terms Of Service, the "Provider" shall mean Download 4 You and "Client" shall mean the Person/Entity applying for any types of services.

  1. This Agreement shall be construed in all respects in accordance with International laws. The provider reserves the right to change TOS at any time. Changes to Download 4 You TOS will be posted at http://www.download4you.com/. Client's continued use of Download 4 You services after the TOS changes have been posted to Download 4 You website will constitute the acceptance of the updated/changed terms.
  2. Agreement

  3. Provider reserves the right to refuse service to anyone at any time. Provider reserves the right, in its sole discretion, to deactivate your account(s) without further warning upon an indication of credit problems including delinquent payments, or if this service contract is violated, or if Client's account or the traffic on this account causes any kind of network or server problem / disturbances.
  4. Client hereby agrees that all domain names and any material submitted for publication on provider through client's account(s) will not contain anything leading to an abusive or unethical use of the web hosting or dial-up access product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, hacking, warez, and any harassing and harmful materials or uses. Client will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Client hereby agrees to indemnify and hold harmless the provider for any claim resulting from the submission of illegal materials. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from your publication of materials or your use of those materials.
  5. Disclaimer Of Warranties

  6. The provided service is provided on an "as is, as available" basis. The provider gives no warranty, expressed or implied, for any account(s) or other services provided, including, without limitation, warranty expressly includes any reimbursement for losses of income due to disruption of service by provider or its providers beyond the fees paid by client to provider for services.
  7. Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use an account and any other services for any reason. Provider will not be responsible for any damages your business may suffer. Provider makes no warranties of any kind, expressed or implied for services we provide. Provider disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Provider and its employees.
  8. Billing

  9. In the event it is necessary to refer any dispute to an attorney, a collection agency, or resolve it in a court of law, each party will be responsible for its own costs and fees. The damages shall be limited to the amount paid to Download 4 You. Place where the contract is signed and fulfilled shall be Leskovac, Europe.
  10. All hosting accounts are subject to the following bandwidth limitations: BASIC - 2 GB, BUSINESS - 20 GB, PROFI - 200 GB. Upon exceeding this limit, the customer will be charged $1.00 per GB of transfer over the allowed limit.
  11. If the account is terminated before the 1-year period, a $14.95 charge will be applied to the account if the domain name registration fee had been waived. If a refund for hosting services is issued, the account activation (setup up) fee, domain registration fee, minus promotional fee, if any, will be deducted from the amount of refund issued.
  12. Money Back Guarantee: All of our virtual web hosting plans comes with an anytime money back guarantee. This means you may cancel your web hosting package at any time and receive credit for the unused portion of your account. Any requests for cancellation must be sent only via our Cancellation Request Form at http://download4you.com/.
  13. Failure to pay: Provider 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.
  14. Any length of time shorter than one month of service is billed as a whole month of service for all packages.
  15. The refund for unused services is calculated as follows: the number of months of used service is multiplied by the standard monthly rate. The amount due for services used and setup fee will be deducted from the total amount of order, and the difference, if any, will be refunded within 14 days upon the management's approval to the credit card we have on file.
  16. Terms Of Service Violations

  17. Violations of Download 4 You Terms Of Service will result in immediate account termination and provider reserves the right to immediately terminate clients account.
  18. Download 4 You subscribers will be held responsible and accountable for any activity by third parties, using their account, which violates guidelines created within the Terms Of Service.
  19. If a Download 4 You account is used to violate the Terms Of Service or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action; however, flagrant violations of the Terms Of Service will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
  20. Fraudulent activity: Use of Download 4 You 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," "ponzi schemes," and "chain letters is strictly prohibited. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
  21. Illegal use: Download 4 You services may not be used for illegal purposes, or in support of illegal activities. Download 4 You reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
  22. Harm to minors: Use of the Download 4 You service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
  23. Threats: Use of the Download 4 You service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
  24. Harassment: Use of the Download 4 You service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
  25. 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 strictly prohibited. The use of anonymous remailers or nicknames does not constitute impersonation
  26. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements is strictly prohibited.
  27. Distribution of Viruses: Intentional distribution of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems is strictly prohibited. Such an offense will result in the immediate termination of the offending account.
  28. Electronic Mail Abuse:
    1. Harassment, whether through language, frequency, or size of messages, is prohibited.
    2. Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email.
    3. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
    4. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
    5. Malicious email, including but not limited to "mail bombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.
    6. Forging of header or any other information is not permitted.
    7. Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.
    8. Download 4 You accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.
Revision: 2006-06-10

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