Terms of Services - FREE Hosting

PLEASE READ THOROUGHLY THIS DOCUMENT TO AVOID FURTHER MISUNDERSTANDINGS AND EVEN TERMINATION OF SERVICE!

AttractSoft GMBH shall provide its Services to YOU (Customer, User) under the following Terms of Services (TOS). The TOS are intended to protect both the integrity and liability of AttractSoft GMBH and the Customer. These TOS will be enforced to ensure the speed, power, performance, and reliability of our services.

YOU MUST understand and agree that the Service is provided "AS-IS" and that AttractSoft GMBH assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Customer communications, data or personalization settings.

1. AttractSoft GMBH HOSTING SERVICES:
   
   
   1. MONTHLY TRAFFIC. The Customer can use data traffic according to the hosting plan\'s monthly traffic allotment and can also purchase additional traffic.
      
      
   2. DOMAINS HOSTED. AttractSoft GMBH - Web Hosting Services include domain hosting. The Customer can host as many domains as he/she is allowed by his hosting plan and/or upgrade with AttractSoft GMBH
      
      
   3. DISK SPACE. The Customer has a Disk space quota for his/her account according to his selected hosting plan and/or upgrade.
      
      
   4. SERVER RESOURCES UTILIZATION. The Customer MUST understand that his account is located on a shared hosting server setup and he must not use excessive system resources that might deteriorate the server\'s performance and degrade the quality of service for other users. EXCESSIVE or MALICIOUS system resources USAGE will result in IMMEDIATE ACCOUNT TERMINATION WITHOUT ANY REFUND.
      
      
   5. ACCOUNTS. The Customer has the right of one free account and as many as he needs paid such with AttractSoft GMBH - Web Hosting Services. Every new free account added by one unique Customer will be deleted upon inspection and our sole discretion unless The Customer gets in contact with an AttractSoft GMBH representative.
      
      
   6. 1. The Customer is responsible for building and updating his/her web page, and regularly backing up any related data.
         
         
      2. AttractSoft GMBH free hosted sites MAY be used as an entry to a non-AttractSoft GMBH hosted site ONLY if the user is not automatically redirected to the non-AttractSoft GMBH hosted site
         
         
      3. FTP Usage
         
         - FTP access is provided for the purposes of uploading content, maintaining content, and downloading content for backup purposes only. It is not to be used for the distribution of files.
         
         - FTP usage for webcam purposes is STRICTLY FORBIDDEN.
         
         - All free accounts have upload file size limit of 500KB!
         
         - AttractSoft GMBH reserves the right to revoke or restrict any FTP access and/or remove any web site for improper or excessive FTP usage.
         
         
         
      4. SCRIPTING Languages - The usage of PHP/PERL/CGI/etc. and MySQL for the following including but not limited to: running BOTS, IRC servers, online chats, link exchange systems, web crawlers, conducting attacks against third party systems is STRICTLY FORBIDDEN and such USAGE will result in IMMEDIATE ACCOUNT TERMINATION WITHOUT ANY REFUND even if has upgrade over the free account.
         
         - AttractSoft GMBH reserves the right to revoke or restrict any SCRIPTING Languages access and/or remove any web site or even account for improper or excessive SCRIPTING Languages utilization.
         
         
      5. . Hotlinking is restricted and forbidden on AttractSoft GMBH
         
         
      6. The following file types are restricted from uploading on AttractSoft GMBH free web hosting - .htacl, .htaclu, .avi, .mov, .mp2, .mp3, .mpeg, .ram, .asf, .quota, .vbs, .shs, .scr, .exe, .cmd, .torrent, .wmv, .wma, .rm, .zip, .htacl, .htaclu, .avi, .mov, .mp2, .mp3, .mpeg, .ram, .asf, .quota, .vbs, .shs, .scr, .exe, .cmd, .torrent, .wmv, .wma, .rm, .zip, .rar, .gz, .tgz
         
         
      7. AttractSoft GMBH reservers the right to place advertisement on user\'s pages on its sole discretion at any time without notice.
         
         
      8. The following PHP functions are disabled on AttractSoft GMBH due to system/security reasons: allow_url_fopen, fsockopen, pfsockpen, getrusage, get_current_user, set_time_limit, getmyuid, getmypid, dl, leak, listen, chown, chgrp, realpath, link.
         
   
   
   
2. NO UNLAWFUL OR PROHIBITED USE
   As a condition of your use of the AttractSoft GMBH Services, YOU will not use the AttractSoft GMBH Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. YOU may not attempt to gain unauthorized access to any AttractSoft GMBH Services, other accounts, computer systems or networks connected to any AttractSoft GMBH Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the AttractSoft GMBH Services.
   
   AttractSoft GMBH reserves the right at all times to disclose any information as AttractSoft GMBH deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AttractSoft GMBH`s sole discretion.
   
   Report violations of the Terms of Services to abuse@supportindeed.com
   
   
3. THIRD PARTY
   Any dealings with third parties (including advertisers) included within the AttractSoft GMBH Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. AttractSoft GMBH shall not be responsible or liable for any part of any such dealings or promotions.
   
   
4. TERMINATION
   YOU agree that AttractSoft GMBH, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.
   
   
5. YOUR RESPONSIBILITIES
   YOU are solely responsible for the content of your web pages, messages or data you upload or your sites\'s users upload, thus on AttractSoft GMBH servers. Using the AttractSoft GMBH Service in connection with surveys, contests, pyramid schemes [HYIP], chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.
   
   In consideration of your use of the Service, YOU agree to:
   
   
   1. Provide true, accurate, current and complete information about yourself as prompted by the Service`s registration form
      
      
   2. Maintain and promptly inform us to update the Registration Data to keep it true, accurate, current and complete. If YOU provide any information that is untrue, inaccurate, not current or incomplete, or AttractSoft GMBH has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AttractSoft GMBH has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
      
      
   3. YOU will receive a password and account designation upon completing the Service`s registration process. YOU are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account YOU agree to:
      
      - immediately notify AttractSoft GMBH of any unauthorized use of your password or account or any other breach of security
      
      - ensure that you exit from your account at the end of each session.
      
      - refrain posting, disclosing, providing, selling or offering to sell the password and account provided by AttractSoft GMBH to any third parties
      
      AttractSoft GMBH cannot and will not be liable for any loss or damage arising from your failure to comply with this
      
      
   4. Any Customer in violation of system or network security and/or enormously overloading/over flooding the server\'s utilization is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, rootkit or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
      
      
   5. Customer agrees not to publish on or over its account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
      
      
   6. AttractSoft GMBH does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:
      
      - infringe on any third party`s intellectual property or proprietary rights, or rights of publicity or privacy;
      
      - violate any law, statute, ordinance or regulation;
      
      - are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
      
      - contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another`s computer or property of another;
      
      - contain Proxy, Pirated or Hacking / Phreaking Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction; Torent sites or links to Torent sites;
      
      - has Adult Sites (content) - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
      
      
   7. YOU acknowledge and agree that based on its sole discretion AttractSoft GMBH might filter abusive words and/or links due to security reasons (i.e. words or links of PayPal, eBay, AOL, Amazon [not limited to]).
      
      
   8. Use of phishing or mimic sites are strictly prohibited on AttractSoft GMBH, any user suspected in such activity will be terminated WITHOUT refund and a legal action will be started to the final extend of the law.
      
      
   9. YOU completely agree and understand that by sighing up for AttractSoft GMBH you might receive system notification emails and newsletters.
      
      
   10. YOU acknowledge and agree that AttractSoft GMBH might change this Terms of Services without notice and you are solely responsible to check for such changes, follow up and comply with them.
       
   
   
   
6. SPAMMING IS PROHIBITED
   We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
   
   - Advertising of your AttractSoft GMBH hosted site using Unsolicited Email (spam) is strictly prohibited and your account will be removed immediately if involved in any type of spam activity;
   
   - The bulksending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients;
   
   - The sending of junk mail;
   
   - The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
   
   - Posting commercial ads to USENET newsgroups that do not permit it;
   
   - Posting articles containing binary encoded data to a non-binary newsgroups;
   
   - Excessive and repeated posting off-topic messages to newsgroups;
   
   - Excessive and repeated cross-posting;
   
   - E-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive;
   
   - The e-mailing of age- inappropriate communications or content to anyone under the age of 18;
   
   
7. COPYRIGHTS
   Copyrighted material must not be placed on Customer`s account without the permission of the owner(s) or person(s) they specifically authorize. Only the owner(s) or such authorized person(s) may upload copyrighted material to the account. Upon our receipt of notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will have no liability to any Customer of the Services for the removal of any such material.
   
   
8. MISCELLANEOUS
   
   1. AttractSoft GMBH cannot be held responsible for the content of pages hosted under our service. AttractSoft GMBH does not review pages for content before they are posted, and does not verify, endorse or otherwise take responsibility for the contents of any user-created pages. However, we reserve the right to remove any page from our servers which we determine is in violation of our rules and guidelines. Users are solely responsible for all files contained in their own directory, and can be held legally liable for the contents of their web site.
      
      
   2. AttractSoft GMBH may terminate user accounts at any time, without notice for conduct that violates these guidelines, or for any other reason, and may terminate user accounts and delete any and all user information for conduct that AttractSoft GMBH believes is harmful to the business of AttractSoft GMBH, or any of its users, or partners. Pages found in violation of these items may be subject to immediate deletion and removal from our servers, and their webmasters subject to banishment from the AttractSoft GMBH network. The following is a non-exclusive list of content and behaviors that are UNACCEPTABLE on AttractSoft GMBH.
      
      
      1. Content that contains or contains links to: nudity, pornography, adult content, sex, extreme violence, or foul language.
         
         
      2. Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy-related information, whether for educational purposes or not.
         
         
      3. Content that has been promoted through the sending of unsolicited email (spamming) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. Users who utilize AttractSoft GMBH resources, including e-mail addresses, for spam are also subject to prosecution to the fullest extent of the law.
         
         
      4. Content that commits acts of copyright, trademark, patent, trade secret or other intellectual property infringement.
         
         
      5. Content that is racist, or otherwise extremely offensive to others, including content which aggravates, harasses, threatens, defames, or abuses others.
         
         
      6. Storage of log files or non-HTML content, or any use of space that circumvents the display of advertising.
         
         
      7. Having password-only, hidden, or restricted access pages (all Web pages must be accessible to the Internet community at large).
         
         
      8. Sites that exploit images of children under 18 years of age.
         
         
      9. Binary files, downloads, etc. that are not linked to an HTML page on the user`s site, such that an advertising banner is displayed. Links back to files on a user`s AttractSoft GMBH page from other sites must also link first to an HTML page on AttractSoft GMBH, which then links to the binary files.
         
         
      10. Content that contains, links to, or participates in pyramid schemes [HYIP], gambling, raffles, lotteries, and so forth.
          
          
      11. Content that posts or discloses personal identification information or private information of individuals under the age of 13 or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.
          
          
      12. Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others` property, or to harm any people or animals.
          
          
      13. Content that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; individual passworking of Member sites or pages; altering copyright notices and attributes (unless permitted in writing by the author/owner); and such practices.
          
          
   3. AttractSoft GMBH provides space for hosting Web pages but makes no implied or express warranties about the reliability of this space or related services. AttractSoft GMBH is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons. AttractSoft GMBH makes no guarantees about server reliability, speed, or consistency, and cannot be held liable for such.
      
      
      1. Users are responsible for regularly monitoring and creating backups of their own files, and agree to use the AttractSoft GMBH resources and infrastructure at their own risk. This service is provided on an "as is" basis without warranties of any kind, either expressed or implied. Neither AttractSoft GMBH nor its partners makes any warranty with respect to any content, information, services, or products provided through or in conjunction with this free service.
         
         
      2. AttractSoft GMBH and its partners make no guarantee of the accuracy, correctness, or completeness of any information on these Web pages and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by AttractSoft GMBH.
         
         
      3. AttractSoft GMBH may also link to or include on its web site resources and information provided by 3rd party partners and providers. We do not guarantee the reliability of this information, nor does the inclusion of this information imply our recommendation of these services; it is merely provided to assist you in the creation of your web site and provide added value to our service.
         
         
      4. Because free accounts and its hosted sites are distributed by AttractSoft GMBH and powered by Attractsoft GmbH, reserves the right to include traffic generated by all web sites it hosts in its overall accounting of page views, unique users, and other usage measures. This includes providing web traffic measurement companies with all URLs distributed by AttractSoft GMBH and powered by Attractsoft GmbH for use in their projection of Attractsoft GmbH associated overall traffic.
         

Terms of Services - PAID Hosting

The service that is subject to the following agreement is distributed by AttractSoft GMBH and provided by Attractsoft GmbH!

YOU (the Client) should be aware that by signing up for an account with AttractSoft GMBH, absolutely agree to position data on our servers, thus making it accessible to the wide public. Hence the client accept that it is beyond the power of AttractSoft GMBH to restrict such access and guarantee the security of your files. YOU are completely in charge of protecting your data on AttractSoft GMBH servers, which suggests that you would better consider carefully any piece of information before uploading it to your hosting accounton AttractSoft GMBH. Please avoid publishing personal data that could be easily obtained by the wide public and then abused online.

By completing the order form and purchasing a hosting plan you agree and understand that this represents the electronic signing of this document.

AttractSoft GMBH PAID SERVICES:

1. SERVICE AGREEMENT
   AttractSoft GMBH shall provide its Services to YOU [the Client] under the Terms of Services [Agreement]. The Agreement is intended to keep the integrity of both AttractSoft GMBH and the Client and to protect both parties from liability. This Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.
   
   By completing the Order Form and any other documents or agreements additionally specified in this Agreement, the Agreement constitutes the whole act of convention between AttractSoft GMBH and the Client, thus being the most significant document of the established relationship. In case that a court of competent jurisdiction considers that any of the Agreement\'s provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity.
   
   Client\'s side of the Agreement could be presented by: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state\'s law system. If a person represents the Client for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement.
   
   YOU understand and agree that the Service is provided "AS-IS" and that AttractSoft GMBH assumes no responsibility for the timeliness, deletion, and failure to deliver or store any Client communication or personalization settings.
   
   
2. AttractSoft GMBH HOSTING SERVICES
   
   
   1. Bandwidth - Each hosting plan include prepaid bandwidth. Additional bandwidth is also available upon purchase. Contact sales department for more information. This bandwidth must be prepaid before using or otherwise the account will be suspended due overbandwidth usage.
      
      
   2. Domains Hosted - AttractSoft GMBH hosting plans include domain hosting. Each hosting plan has a limit of the domains hosted. For more information of the different plans refer to our web site.
      
      
   3. Domain Registration - Available at discounted price only with purchasing web hosting account(s). Free domain name registration applies to .com, .net, .org, .us, .biz and .info domain names for the first year of registration only. Each web hosting account can use a maximum of one discounted domain name. Please note that domain registrations are final and can not be refunded. In case of upgrade - FREE to paid plan or upgrade - paid plan to paid plan with more features a FREE domain name registration is not included.
      
      
   4. Disk Space - Additional disk space is available. Payment is accepted only in advance per year. Contact our sales department for more information.
      
      
   5. IP Address - AttractSoft GMBH hosting accounts do not include private IP address. Since YOU want to buy shared hosting a shared IP will be available for your hosting account. However if you need private IP, please contact Sales Department.
      
      
   6. MySQL Database(s) - Are included in all hosting plans. Please observe the the plan comparison page on our web site. For further information contact our sales department.
      
      
   7. MySQL Database(Quota) - The allocated MySQL quota per database depends on the hosting plan. Please observe the plan comparison page on our web site. Additional MySQL database storage is available. Contact sales for pricing.
      
      
   8. SSH - Secured Shell access depends on the hosting plan. For reference please observe the plan comparison page on our web site.
      
      
3. BACKGROUND OPERATIONS/ADD-ONS SERVICES
   
   For all paid hosting plans AttractSoft GMBH does offer the following services but not limited to: CronTab service, Quick Script Installer, Mailing list are integrated in the hosting Control Panel! These services are offered and provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS.
   
   Additionaly AttractSoft GMBH might offer the following ADD-ONS:
   
   AttractSoft GMBH ADDITIONAL SERVICES - ADD-ONS OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. AttractSoft GMBH REJECTS ANY IMPLIED WARRANTIES. ANY OF AttractSoft GMBH\' EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY AttractSoft GMBH, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.
   
   
4. SERVICE GUARANTEES
   
   AttractSoft GMBH will guarantee 99.8% network uptime and 99.8% network stability uptime. This, however, does not refer to problems araising from:
   
   
   1. Server Hardware Breakdown.
      
      
   2. User error(s) or purposeful interruption(s) of the user service.
      
      
   3. Failures due to software that is not explicitly supported by AttractSoft GMBH. Consequently, if a hardware crash provoked by the customer happens, AttractSoft GMBH is beyond the control and responsibility for the resulting downtime.
      
      
   
   
5. ACCOUNT USAGE & HOSTED CONTENT
   
   
   1. Your account content MUST comply with the parameters stated in this Agreement. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a AttractSoft GMBH representative regarding any inquiries over this matter.
      
      
   2. If any of AttractSoft GMBH Services are used for the illegal purpose of SPAM, then they will be immediatelly terminated. If unauthorized access is spotted, AttractSoft GMBH reserves the right to ban without notice the use of any AttractSoft GMBH hardware or software hosted on a AttractSoft GMBH server for trying to illegally access another hosted machine or network.
      
      You absolutely agree and understand that by breaking this paragraph and generally this agreement your account will be closed without notice and no refund will be issued. A charge back of the amount will be prosecuted legally by AttractSoft GMBH legal advisers to the final extend of the law.
      
   
   
6. MONEY BACK GUARANTEE
   
   AttractSoft GMBH offers a 30-day money back guarantee. If you are not satisfied with our hosting service within the time frame of 30 days after you purchased the account, you need to contact our sales department and you will receive a full refund for your hosting plan. However, please note that hosting account upgrades and renewals are not applicable to refund. Any domain registrations are final, do not include any money back guarantee and will be subject to $19.95 USD per year.
   
   
7. PAYMENT AND CHARGEBACKS
   
   All customers should abide by the following verification procedure.
   
   
   1. Services are distibuted by AttractSoft GMBH and provided by AttractSoft GmbH. By sining up for these services provided by AttractSoft GmbH you agree that you will be charged the respective amount for these services by CompuTop PayGate (http://www.computop.de/) under vendor name AttractSoft GmbH. When signing up for a web hosting service with AttractSoft GMBH, customers agree to all specified Terms in this document. Thus, AttractSoft GMBH will utilize this document as an evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order.
      
      
   2. AttractSoft GMBH will charge customers with fees based on the fee structure at the time of the sign-up process. AttractSoft GMBH reserves the right to introduce changes to the packages when needed regarding price and set of features. This means that the current price list may differ from the pricing and features of the customer's account.
      
      
   3. When signing up for a hosting account with AttractSoft GMBH, the customer agrees to pay for the period of one year (365 days). All upgrades to an existing free or paid account are paid by the client based on the period stated in client's Control Panel, Upgrades menu, Completed Upgrades section. Credit card accounts will be automatically renewed unless notified prior to expiration date of service.
      
      Chargebacks are not accepted as a way of refunding. Any client who provokes a credit card chargeback of an order will be subject to collections and legal action. He/she will be charged $30.00 USD, because when signing up with AttractSoft GMBH, customers accept these terms and conditions, thus agreeing to observe them strictly.
      
   
   
8. WARRANTIES AND REPRESENTATIONS
   
   AttractSoft GMBH provides hosting services on an "as is" and "as available" basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers\' hosting with AttractSoft GMBH confronts with service interruption issues.
   
   
9. NO UNLAWFUL OR PROHIBITED USE
   
   As a condition of your use of the AttractSoft GMBH Services, you will not use the AttractSoft GMBH Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any AttractSoft GMBH Services, other accounts, computer systems or networks connected to any AttractSoft GMBH Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the AttractSoft GMBH Services.
   
   AttractSoft GMBH reserves the right at all times to disclose any information as AttractSoft GMBH deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AttractSoft GMBH`s sole discretion.
   
   
10. THIRD PARTY
    
    Any dealings with third parties (including advertisers) included within the AttractSoft GMBH Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. AttractSoft GMBH shall not be responsible or liable for any part of any such dealings or promotions.
    
    
11. TERMINATION
    
    You agree that AttractSoft GMBH, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.
    
    
12. YOUR RESPONSIBILITIES
    
    You are solely responsible for the content of your web pages, messages or data you upload or your site\'s users upload, thus on AttractSoft GMBH servers. Using the AttractSoft GMBH Service in connection with surveys, contests, pyramid schemes [HYIP], chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.
    
    In consideration of your use of the Service, you agree to:
    
    
    1. Provide true, accurate, current and complete information about yourself as prompted by the Service`s registration form
       
       
    2. Maintain and promptly inform us to update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or AttractSoft GMBH has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AttractSoft GMBH has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
       
       
    3. You will receive a password and account designation upon completing the Service`s registration process and payment process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
       - immediately notify AttractSoft GMBH of any unauthorized use of your password or account or any other breach of security
       - ensure that you exit from your account at the end of each session.
       - refrain posting, disclosing, providing, selling or offering to sell the password and account provided by AttractSoft GMBH to any third parties
       
       AttractSoft GMBH cannot and will not be liable for any loss or damage arising from your failure to comply with this
       
       
    4. Any Customer in violation of system or network security and/or enormously overloading/over flooding the server\'s utilization is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, rookit or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
       
       
    5. Customer agrees not to publish on or over its account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
       
       
    6. AttractSoft GMBH does NOT allow sites that provide any content, points of distribution, or \`links\` to sites that:
       - infringe on any third party`s intellectual property or proprietary rights, or rights of publicity or privacy;
       - violate any law, statute, ordinance or regulation;
       - are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
       - contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another`s computer or property of another;
       - contain Proxy, Pirated or Hacking / Phreaking Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction; Torent sites or links to Torent sites;
       - has Adult Sites (content) - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
       
       
    7. Use of phishing or mimic sites are strictly prohibited on AttractSoft GMBH, any user suspected in such activity will be terminated WITHOUT refund and a legal action will be started to the final extend of the law.
       
       
    8. You acknowledge and agree that AttractSoft GMBH might change this Terms of Services without notice and you are solely responsible to check for such changes, follow up and comply with them.
       
       
    In conclusion any client not observing the afore mentioned rules is subject to immediate account termination without refund!
    
    
13. CUSTOMER WEBSITE; CUSTOMER WARRANTIES/GUARANTIES
    
    
    1. When buying a hosting plan with AttractSoft GMBH, customers agree to be fully responsible for the deployment, development, operation and maintenance of their web site, online store and/or e-commerce activities within that space. Each customer is in charge of all the products and services as well as of all contents and materials appearing online, including:
       - the accuracy and relevance of Customer Content and content and material showcased in its store or on its products
       - certainty that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person
       - certainty that the Customer Content and the content and materials appearing in his/her store or on his/her products are not calumnious or somehow illegal. Customer is the only one in charge of approving, processing and filling customer orders and of taking care of customer requests or complaints. Customer is the one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store.
       
       
    2. Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
       
       
    3. Each Customer guarantees to AttractSoft GMBH that he/she owns or possesses the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to AttractSoft GMBH that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
       - infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party
       - break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation. Each Customer empowers AttractSoft GMBH to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. AttractSoft GMBH is granted the right to assess the extent these operations need to be done.
       
       
14. UNSUITABLE BEHAVIOUR
    
    Any indecent abusive or insulting treatment towards a AttractSoft GMBH employee will be considered inappropriate. Each Customer is anticipated to behave in a well-mannered way with AttractSoft GMBH employees regarding any requests for help through e-mail, phone e.t.c.. Each Customer should avoid applying any forms of written emotional outburst. Any attempts of uncontrolled behavior will be interpreted as a breach of this Agreement.
    Other acts of treatment towards AttractSoft GMBH employees that will be considered as unacceptable include any verbal, oral, written or delivered by a second party threats addressing AttractSoft GMBH or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this Agreement. AttractSoft GMBH reserves the right if any of the aforemantioned rules are violated to restrict or completly stop access to client\'s account and if further communication is not possible due to continued bad mannered client behaviour even to once and for all stop clien\'t hosting account without issuing a refund!
    
    
15. SPAMMING IS PROHIBITED
    
    We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
    - Advertising of your AttractSoft GMBH hosted site using Unsolicited Email (spam) is strictly prohibited and your account will be removed immediately if involved in any type of spam activity.
    - the bulksending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients
    - the sending of junk mail
    - the use of distribution lists that include people who have not given specific permission to be included in such distribution process
    - posting commercial ads to USENET newsgroups that do not permit it
    - posting articles containing binary encoded data to a non-binary newsgroups
    - excessive and repeated posting off-topic messages to newsgroups
    - excessive and repeated cross-posting
    - e-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive
    - the e-mailing of age- inappropriate communications or content to anyone under the age of 18
    
    
16. ZACKY TOOLS SOURCES MODIFICATION
    
    AttractSoft GMBH reserves the right to modify the sources of the application installed via ZackyTools to meet speciffic company needs. Such needs may be (but not limited to): - Template modification - Branding modification - Default incoming/outgoing links modification. Such modifcations can be removed and the application reverted to its very default state upon written request (either via a ticket posted or an email to support@supportindeed.com is sent).
    
    
17. ACCOUNT HDD RESOURCES USAGE
    
    Each and every AttractSoft GMBH Customer agrees not to allocate more than 4999MB of its hosting account space to image and multimedia (.gif, .png, .avi, .mpg, .jpg, .mp3) files. Each and every AttractSoft GMBH Customer agrees not to allocate more than 4999MB of its hosting account space to archive (.rar, .zip, .tar, .gzip, .iso, .nrg, .cue, .ccd, .img, .sub, .cue) files. Each and every AttractSoft GMBH Customer agrees not to allocate more than 4999MB of its hosting account space to DB dump backup (.sql, .pgsql, .mssql, .mysql) files. Each and every AttractSoft GMBH Customer agrees not to allocate more than 4999MB of its hosting account space to .exe, .pdf, .psd, .ppt files.
    
    
18. ACCOUNT DB RESOURCES USAGE
    
    AttractSoft GMBH provides its Customers with the ability to use MySQL and PostgreSQL database engines. The amount of available databases depends on the package that the Customer has signed up for. The database engines described above should be used by the Customer in a manner that the overall server pefromance is not affected and no downtime is caused due to overusage. In case that a database is detected to use more than the %20 of the shared CPU due to database usage, AttractSoft GMBH reserves the right to suspend the account associated with the database without any prior warning.
    
    
19. ACCOUNT CPU/RAM RESOURCES USAGE
    
    AttractSoft GMBH provides its Customers with the ability to use CPU and RAM on shared principle. The resources described above should be used by the Customer in a manner that the overall server pefromance is not affected and no downtime is caused due to overusage. In case that a process is detected to use more than the %20 of the shared CPU/RAM AttractSoft GMBH reserves the right to suspend the account associated with the process without any prior warning.
    
    
20. FORCE MAJEURE CIRCUMSTANCES
    
    AttractSoft GMBH will be no liabile in case of failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.
    
    This agreement constitutes and represents the whole act of convention between the parties in regard to the agreement signed between them. It is not subject to any amendments, changes or modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the parties to be charged.
    
    
21. COPYRIGHTS
    
    Copyrighted material must not be placed on Customers\' accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account.
    
    Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the client\'s account and carry out further procedures if necessary. We will assume no liability to any Client of the Services for the removal of any such material.
    
    

Please report any violations of this Agreement to abuse@supportindeed.com