03 November 2011
By submitting the online order form, Customer hereby agrees to the following terms:
In consideration for hosting services to be delivered, the Customer agrees to be bound to the following terms:
- You the customer are agreeing to pay in full for the hosting services rendered in advance of each monthly term of service.
- You the customer are agreeing to be bound by the service term selected on the online order form or via any applicable promotional codes.
- Non-Payment of services shall result in a 7-day notice of disconnection. All payment failures must be cured within 7 days of notice. Any customers failing to secure payment within 7 days of notice will incur service interruption unless contacted.
- SeedM8 Hosting Solution reserves the right to terminate any services offered to any subscriber that it deems is violating a condition of service including this Terms of Service.
Money Back Guarantee and Refund
SeedM8 Hosting Solutions offers a conditional, 15 day money back guarantee on all personal seedboxes for any customer who paid their first invoice with a credit card or with PayPal, who are willing to provide a statement of their reasoning and have used less than 50 GB of upload traffic. The statement will be used by SeedM8 administrators to provide better services for our clients. There are no refunds on dedicated servers, administrative fees or install fees for custom software. Refund requests for personal accounts after the initial 15 days will be processed on a prorated basis of any unused time. Only first-time accounts are eligible for a full refund and the money back guarantee cannot be used by the same customer multiple times or for multiple accounts. Violations of any other part of the Terms of Service will waive the refund and money back guarantee policy.
Chargebacks and Disputed Payments
If we receive a charge-back or payment dispute from a credit card company or bank, your service may be suspended without notice. A chargeback fee of $20 may be issued based on the stipulations of a creditor, in addition to any outstanding balances incurred as a result of the charge-back(s) must be paid in full before service is restored. Instead of issuing a charge-back, please contact our sales team to address any billing issues, and we will do our best to assist you in an efficient and timely manner. Under most circumstances charge-back fees are waived as long as it is known to us ahead of time.
Prohibited Content
Customers shall not allow the posting, transmission, or storage of data and content on or through the services which, constitutes a violation of any relevant law, regulation, ordinance, or court order. Customers shall be responsible for determining what laws or regulations are applicable to their use of the services. Prohibited content includes, (a) content or code that facilitate any violation of, or describe ways to violate, this ToS or (b) "harvested" addresses or information, (c) "phishing" web sites, (d) "link farms", (e) "child pornography" or (f) "spamvertising" sites.
Public Trackers
Customers shall not upload torrents to their account that contain public trackers in the tracker URL. Exceptions may be made with written approval from the administrator.
From wikipedia:
Public trackers:
Open trackers can be used by anyone by adding the tracker address to an existing torrent, or they can be used by any newly created torrent. The most popular ones are OpenBitTorrent and PublicBitTorrent. The Pirate Bay used to run a tracker, but has since disabled it, although the website remains as a torrent index.
Private trackers:
A private tracker is a BitTorrent tracker that restricts use, by requiring users to register with the site. The method for controlling registration used amongst many private trackers is an invitation system, in which active and contributing members are given the ability to grant a new user permission to register at the site. Invitations, typically sent via email or an invite code system, are normally granted to active users who have uploaded a pre-determined amount or meet specific upload-to-download ratio requirements. Trading invites for different sites is highly frowned upon in the private BitTorrent community as it allows anti-piracy groups to infiltrate private trackers more easily. Most private trackers monitor how much users upload or download, and in most situations, enforce a minimum upload-to-download ratio.
Some of the allure of private tracker versus a public one are: higher speeds, a tighter community, and safer downloads. Private trackers implement a strict set of rules, so generally files containing malware are extremely uncommon. Many private trackers keep in close contact with each other, so bad users (who trade invites or attempt to fake their ratio) can be quickly blacklisted. Almost all private trackers implement a passkey system, where each user is given a personalized announce URL so if there is unauthorized distribution, it can be pinpointed to the user responsible. Some private trackers have a higher level of security than others — many sites only allow their users to refer to their site as an abbreviation, and never as the site's full name or URL. Other trackers restrict invites to outstanding members, and many trackers, to increase security, have eliminated the invite system altogether. An example of a private tracker is Oink's Pink Palace, which was forcibly shut down in late 2007 by law enforcement officials.
The downside is that in a closed community it can be hard for all members to maintain the required ratio. Competitions may be offered, with prizes of improved ratios. Some trackers will exchange ratio credit for donations. Some trackers will also use "free leech" systems to improve the users ratio. When downloading a free leech torrent only the upload gets logged in, the download is ignored. Usually large torrents are offered as free leech. Seeding to a ratio of at least 1 is still recommended even for free leech torrents.
Email Policy
Mass Mailings. SeedM8 has a zero tolerance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of SeedM8 whether or not the message actually originated from our network.
Mailing Lists: SeedM8's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
If your actions have caused SeedM8 mail servers or SeedM8 IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, your account will be placed on suspension for investigation.
Violation of the above terms will result in one or all of the following:
- A warning from via email or phone.
- Removal of DNS for the advertised / originating site.
- Immediate disconnection of service with no re-activation.
- $100 fee assessed to your account for violation.
Server Resources
Should your account utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, SeedM8 reserves the right to request that you either upgrade your web hosting service package or reduce your account's use of resources to an acceptable level. SeedM8 will be the sole arbiter of what is considered to be an excessive amount of server resources. SeedM8 reserves the right to suspend or shut down any web hosting account deemed to adversely affect server performance or network integrity. In addition, Customers may not run network-accessible servers or other daemons from seedbox accounts.
Server Logging
The servers log no more or less than any other Debian stable installation would do. The logs are rotated regularly and last about a month.
You should also be aware that *all* EU ISPs are required by law to log IPs/timestamps of each connection for at least 6 months. We're not an ISP but this would be our datacenter's task to uphold.
Suspension and Cancellation
SeedM8 reserves the right to suspend service to any Customer for violation of the Terms of Service. SeedM8 will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. SeedM8 reserves the right to terminate service without notice for continued and repeated violations of the TOS. Continued violations of the TOS resulting in cancellation of services will also result in a fee in the amount of $100 and contract acceleration for all amounts outstanding under the contract term.
Reseller Policy
Resellers are responsible for the conduct of their customers and by agreeing with this AUP, agree that their customers will adhere to the AUP. Resellers should make their perspective customers aware of the AUP and the consequences for violation.
Affiliate Payments
Payments for affiliates will be processed after the account has reached $50+. The affiliate agrees to pay the transaction fee (if any) if they choose to receive the money via an online payment processor.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold SeedM8 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against SeedM8, its agents, its customers, 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 Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SeedM8 against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with SeedM8's service, any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, or any defective product which Customer sold on SeedM8's service.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
