4SERV.NET INC. TERMS OF SERVICE

Recitals

WHEREAS, 4serv Ltd (“Host”) operates hardware and software for hosting websites, and has substantial knowledge, experience and expertise in management and maintenance of websites

WHEREAS, Client desires to engage 4serv Ltd, and 4serv Ltd desires to be engaged by Client to provide Hosting Services subject to the terms and conditions set forth below

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, 4serv Ltd can make no guarantee that any Client shall be able to access 4serv Ltd’s server at any given time.

4serv Ltd represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible.

NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and payment of the fees contained herein, Client and 4serv Ltd agree as follows:

HOSTING SERVICES 4serv Ltd agrees to provide Client with services for website hosting. 4serv Ltd shall provide the Hosting Services so that the website is accessible to third parties.

Termination

4serv Ltd shall have the right to terminate this Terms of Service with an immediate effect in writing to the Client if any of the following events occur.

1. Client fails to make any payment when it becomes due,
2. Client is in breach of any of its obligations under this Agreement,
3. A liquidator is appointed over the Client or any of its assets,
4. Client enters or proposes to enter into any arrangements with its creditors, including voluntary arrangements
5. Client passes a resolution for winding up (other than for the purpose of reconstruction), or a court makes an order to that effect.

These Terms of Service may be terminated by either party, without cause, at any time, by giving the other party 14 days written notice. 4serv Ltd will accept termination by support ticket submitted on the Client dashboard (My4serv). Any rights to terminate this Terms of Service shall be without prejudice to any other accrued rights and save as set out, no refunds will be made.

Financial arrangements

Client shall pay by valid payment method for Hosting Services provided by 4serv at the time of signing up at the fee set forth on the Host’s website. Client’s monthly payments for the Hosting Services, depending on the plan selected by Client, shall be automatically charged to the valid payment method provided by Client at the time of purchase each month.

If Client does not pay the fees by the Due Date, 4serv Ltd may suspend Client’s ability to use the Services, and may terminate this Terms of Service.

1. Client agrees that all charges and fees associated with an account are their sole responsibility.
2. Client expressly agrees that 4serv charges VAT (Value-Added Tax) for sales to EU residents and EU based companies.
3. Billing will stop at end of term during which the service is cancelled.
4. At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until cancelled in writing or via email.
5. Violations of 4serv’s Terms of Service may, at 4serv’s discretion, result in immediate and permanent disablement without refund.
6. Disputed charges (“chargebacks”) associated with any 4serv Ltd account may, at 4serv’s discretion, result in immediate and permanent disablement. 4serv Ltd expressly reserves the right to change the fees charged hereunder for the Hosting Services with advance notice to the Client. If Client does not agree to any such pricing change, it may cancel the Hosting Services any time, but no refund will be payable from any fees already paid.

Taxes

4serv Ltd shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or 4serv Hosting’s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Material products

1. Client will provide 4serv Ltd with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of 4serv Ltd. 4serv Ltd shall make no effort to validate this information for content, correctness or usability.
2. Use of 4serv Ltd’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client’s webspace by the Client.
3. Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, image mapping, etc.
4. Client acknowledges that 4serv Ltd retains full log data in regards to analytics for 30 days.
5. 4serv Ltd will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth below:

Client agrees to not use the Service to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a 4serv official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that Client does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, except in those areas (such as shopping) that are designated for such purpose; in no event , however, is junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like allowed;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law;
12. provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
13. 4serv Ltd reserves the right to police its network to verify compliance with all agreed upon Terms.
14. The Client agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
15. 4serv Ltd reserves the right to disconnect any website or server deemed to present a security threat to 4serv Ltd’s clients, servers, or network.
16. The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by 4serv Ltd is grounds for termination of all services.
17. 4serv Ltd makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. 4serv Ltd also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of 4serv Ltd is at the Client’s own risk, and 4serv Ltd specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. 4serv Ltd expressly limits its damages to the Client for any non-accessibility time or other downtime to the pro-rata monthly charge during the system unavailability.
18. 4serv Ltd specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “server-ready”, 4serv Ltd may, at its option and at any time, reject this material, including but not limited to after it has been put on 4serv Ltd’s server. 4serv Ltd agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of 4serv Ltd. If the Client fails to modify the material, as directed by 4serv Ltd, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
19. Certain aspects of the Services may be in beta form as designated by 4serv Ltd (“Beta Services”). In addition to the disclaimers of warranty set out in this Terms of Service, the Beta Services are provided on an as-is basis with the express understanding that they may not have been tested, have faults, and may not be as secure as other elements of the Services. Any SLA, indemnity, representation or warranty that 4serv Ltd provides herein does not apply to the Beta Services. 4serv Ltd reserves the right to terminate the Beta Services at any time, even if Client has relied on them as a material inducement to enter into this Terms of Service. 4serv Ltd makes no guarantee that Beta Services will be put into production.

Trademarks and copyrights

Client warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the Client’s account.

Intellectual property rights

Client shall obtain any and all necessary consents and clearances to enable lawful use to be made of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of Client’s proposed domain name or content on Client’s website.

Hardware, equipment, and software

The Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access 4serv Ltd. 4serv Ltd makes no representations, warranties or assurances that the Client’s equipment will be compatible with the 4serv Ltd service.

Limited liability

Client expressly agrees that use of 4serv Ltd’s server is at Client’s sole risk. Neither 4serv Ltd, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that 4serv Ltd’s server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the 4serv Ltd server service, unless otherwise expressly stated in this contract.

Under no circumstances, including negligence, shall 4serv Ltd, its offices, agents or anyone else involved in creating, producing or distributing 4serv Ltd’s server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the 4serv Ltd server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to 4serv Ltd’s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on 4serv Ltd’s server service.

In any event no claim shall be brought unless Client has notified 4serv Ltd of the claim within one year of its arising.

In no event shall 4serv Ltd be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Security

In case 4serv Ltd determines a security breach that has compromised a Client’s account, 4serv Ltd agrees to notify the Client as soon as reasonably possible but only after they have investigated the breach and fulfilled their legal obligations under applicable law. Client agrees to the same notification obligations should they determine that there has been a breach.

Indemnification

Client agrees that it shall defend, indemnify, save and hold 4serv Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees, (“Liabilities”) asserted against 4serv Ltd, its agents, its clients, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Clients, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless 4serv Ltd against Liabilities arising out of:

• any injury to person or property caused by any products sold or otherwise distributed in connection with 4serv Ltd’s server by Client;
• any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
• copyright infringement by Client;
• any defective product which Client sold on 4serv Ltd’s server.

Adult content

Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered “adult material.” However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why 4serv Ltd has been forced to create its no adult sites policy for its virtual server users.

What does 4serv Ltd consider “Adult Material”? Examples of adult material include, without limitation, the following:

1. Any site whose revenue is gained in part or whole from its adult content.
2. Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
3. Hyperlinks to adult sites, including but not limited to sites who violate these policies.
4. Sites that have discussion boards and share information that is ‘adult’ in nature.
5. Sites that sell or promote ‘adult’ material, including but not limited to adult toys.

File sharing applications

All accounts in 4serv Ltd are strictly prohibited in publishing or distributing in any way links or files that are related to files that are provided through file sharing service. Whether lawful or unlawful, 4serv Ltd reserves the right to determine what is harmful to its Clients, operations or reputation.

Revisions and errata

The materials appearing on 4serv Ltd’s website could include technical, typographical, or photographic errors. 4serv Ltd does not warrant that any of the materials on its website are accurate, complete, or current. 4serv Ltd may make changes to the materials contained on its website at any time without notice. 4serv Ltd does not, however, make any commitment to update the materials.

Links

4serv Ltd has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by 4serv Ltd of the site. Use of any such linked website is at the user’s own risk.