You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify SeedStorm of any unauthorized use of your account or any other breach of security. SeedStorm will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure. Note that this also includes any dataloss which occurs as a result of hardware failure or natural causes. It is your responsibility to take offsite backups of your data.
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using SeedStorm. You will not engage in any activity that interferes with or disrupts SeedStorm's services or networks connected to SeedStorm.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that SeedStorm will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity or disk IO.
Spam and Unsolicited Bulk Email (UBE): SeedStorm has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE 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 the message. UBE 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 SeedStorm whether or not the message actually originated from our network.
Mailing Lists: SeedStorm'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 of recipients with non-distribution in the future.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of SeedStorm or SeedStorm's customers.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
You agree that SeedStorm shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by SeedStorm may be turned over to an outside collection agency for collection.
Subscriber is aware that SeedStorm may prospectively change the specified rates and charges from time to time.
SeedStorm is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by SeedStorm. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits are issued for unused services when customer retains any active service. Pro-rated refunds are issued if customer does not retain any active service and they are specifically requested via the cancellation form.
IMPORTANT NOTICE: ALL payments to Obtrix are NON-REFUNDABLESeedStorm provides a 99.9% uptime guarantee on all Obtrix products, and on network connectivity. In any given month, if your VPS/Shell/WebHosting is down for more than 0.1%, you may request a pro-rated credit for the down-time. Which will be applied to you account when Obtrix decides that a credit is applicable. 99.9% uptime guarantee does not apply to downtime caused by server hardware failure or damage by any natural disasters.
SeedStorm, provides 24 x 7 technical support to our subscribers via our Support Ticket system. The following are our guidelines when providing support: SeedStorm provides support related to your SeedStorm Product physically functioning. SeedStorm does not offer technical support for application specific issues such as application configuration, cgi programming, web or mail server configuration, or any other such issue. SeedStorm does not provide technical support to your customers.
SeedStorm reserves the right to suspend network access to any customer if, in the judgment of the SeedStorm network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which SeedStorm chooses. SeedStorm will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. SeedStorm reserves the right to terminate service without notice for continued and repeated violations of the terms of service. 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 machines were suspended.
If SeedStorm assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to SeedStorm, and Customer shall have no right to use that Internet Protocol address except as permitted by SeedStorm in its sole discretion in connection with the Services, during the term of this Agreement. Our allocation of IP addresses is limited by ARIN's policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of SeedStorm and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that SeedStorm shall not be liable for any damages arising from such causes beyond the direct and exclusive control of SeedStorm. Subscriber further acknowledges that SeedStorm'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 SeedStorm be liable for any special or consequential damages, loss or injury. SeedStorm is not responsible for any damages your business may suffer. SeedStorm does not make implied or written warranties for any of our services. SeedStorm 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 caused by SeedStorm.
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that SeedStorm may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, SeedStorm shall have the right to terminate all service set forth in this Agreement.
You agree that your use of SeedStorm shall be at your sole risk. All services provided by SeedStorm are available as is, without warranty.
SeedStorm wishes to emphasize that in agreeing to the SeedStorm Terms of Service, customer indemnifies SeedStorm for any violation of the Terms of Service that results in loss to SeedStorm or the bringing of any claim against SeedStorm by any third-party. This means that if SeedStorm is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against SeedStorm, plus all costs and attorney's fees.
You agree that SeedStorm may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on SeedStorm services.
The Terms of Service (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and SeedStorm and govern your use of SeedStorm services, superceding any prior agreements between you and SeedStorm for the use of SeedStorm services.
The Terms of Service and the relationship between you and SeedStorm shall be governed by the laws of New Zealand without regard to its conflict of law provisions. You and SeedStorm agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New Zealand
The failure of SeedStorm to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of SeedStorm services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We won't sell or share your data or information with anyone else unless ordered to by a valid Court Order.
As all payments to Obtrix are non-refundable, PayPal disputes will not be tolerated. Accounts that file PayPal disputes, regardless of the outcome, will be suspended indefinately.
Customer is solely responsible for the management and backup of all customer data, and all updates, upgrades, patches etc.