Terms of Service (ToS)
Shansoft ("The Company") agrees to furnish services to the
Subscriber, subject to the following TOS (Terms of Service).
Use of Shansoft constitutes acceptance and agreement to Shansoft's
AUP as well as Shansoft's
TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of
Shansoft and AUP (Acceptable Use
Policy). The AUP may be
changed from time to time at the discretion of the Company. Subscriber
understands that change to the AUP by the Company shall not be grounds for
early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws
of the state of
Note: Pornography and sex-related merchandising are prohibited on any Shansoft
server. This is also true for sites that promote any illegal activity or
content that may be damaging to Shansoft servers or any other server on the
internet. Links to such materials are also prohibited. All IRC related
activities are strictly prohibited and can be cause for immediate account
termination!
1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of
our service for illegal activities. Therefore, Subscriber agrees that the
Company 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 Shansoft 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 the Company may
prospectively change the specified rates and charges from time to time. The
promotional offer is contingent upon Company 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 Company of payment of stated charges. Subsequent
payments are due on the anniversary date of the month for that month's service.
The above applies to all accounts and services provided by Shansoft.
4.
Payments and Fees: Service will be interrupted on accounts
that reach 10 days past due. Service interrupted for nonpayment is subject
to a $10.00 reconnect charge. Accounts not paid by due date are subject to
a $5.00 late fee. Accounts that are not collectable by Shansoft may be turned
over to an outside collection agency for collection. If your account is turned
over for collection, you agree to pay the company a "Processing and Collection"
Fee of not less than $20 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 Shansoft are not
refundable after 5 days since the payment is made. For web hosting fees, it
is 100% refundable for the 5 days since the payment is made. For web design
and custom programming, each payment is 100% refundable for 5 days since the
payment is made. All overcharges or billing disputes must be reported within
30 days of the time the dispute occurred.
6. Failure to Pay: The Company 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.
Account Cancellation: Request for termination of user
accounts can be made through email, postal mail. Termination requests received
will take effect immediately. If termination request is received after the
fee charged in that month, fees will be refunded on a prorated basis. Subscription
fees for additional services such as added space and bandwidth transfer will
be charged for the entire month regardless of whether the request for their
termination is received prior to the effecting of the said services.
8. Subscriber acknowledges that the
service provided is of such a nature that service can be interrupted for many
reasons other than the negligence of the company and that damages resulting
from any interruption of service are difficult to ascertain. Therefore,
subscriber agrees that the company shall not be liable for any damages arising
from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own
negligence may not in any event exceed an amount equivalent to charges payable
by subscriber for services during the period damages occurred. In no event
shall the company be liable for any special or consequential damages, loss or
injury.
9. New Domains: Payment made for domain
registration will not be refundable in all cases, including those that involve
mistakes committed by any persons, Shansoft staff or not, at any stage of the
domain registration process. A confirmation e-mail will be sent to registrants
within 24 hours of the submission of the domain name purchase order.
10.
Transfer of Domains: New webhosting
accounts which involve the transfer of a domain from another provider to Shansoft
will require a minimum of seven (7) days to be set up and entered into our
DNS servers. In some cases, such transfers may take up to sixty (60) days.
Due to the unpredictable nature of the transfer process, no guarantees are
made regarding the amount of time a specific transfer may take.
11. Support Boundaries: Shansoft limit our technical
support to our area of expertise. The following is our guidelines when
providing support: Shansoft provides support related to your services or
virtual site physical functioning, and support related to the software produced
by Shansoft. an style='mso-list:Ignore'>
v.
Taking
any action in order to obtain services to which such User is not entitled.
14. Notification of Violation:
a. Shansoft 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
Shansoft 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 Shansoft's discretion to a temporary suspension pending a
User's agreement in writing, to refrain from any further violations.
c.
Second
Violation: Users that Shansoft 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.
15. Suspension of Service or
Cancellation:
Shansoft reserves the right to suspend network access to any customer if in the
judgment of the Shansoft network administrators the customer's account is the
source or target of the violation of any of the other terms of the AUP or for any other reason which
Shansoft 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 account was suspended. The customer will
also not be credited for any fees if their account has been terminated.
16. Shansoft reserves the right to
amend its policies at any time. All resellers of Shansoft 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.
17. Indemnification: Shansoft wishes to emphasize that
in agreeing to the Shansoft Acceptable
Use Policy (AUP) and Terms of Service (ToS),
customer indemnifies Shansoft for any violation of the Acceptable Use Policy (AUP) and Terms
of Service (ToS) that results in loss to Shansoft or
the bringing of any claim against Shansoft by any third-party. This means that
if Shansoft is sued because of a customer's or a customer of a customer's
activity, the customer will pay any damages awarded against Shansoft, plus all
costs and attorney's fees.
18. Miscellaneous Provisions: You must provide us with, and
keep current, good contact information for you. E-mail, telephone and fax
contacts are used, in that order of preference.
a. A waiver by the Company 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 the Company. Company
may assign Agreement at anytime without consent from or notice to Subscriber.
Company reserves right to cancel customers rights under this contract at
anytime without further obligation.
c. Shansoft takes no responsibility
for any material input by others and not posted to the Shansoft Network by
Shansoft. Shansoft is not responsible for the content of any other websites
linked to the Shansoft Network; links are provided as Internet navigation tools
only. Shansoft 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. Shansoft is not responsible for
any damages your business may suffer. Shansoft does not make implied or written
warranties for any of our services. Shansoft 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 including equipment failure.
19. Responsibility for Content: You, as Shansoft's
customer, are solely responsible for the content stored on and served by your
account.