Terms of Service and Acceptable Usage Policies
All users of hosted.IM services, and all customers upon signing up for hosted.IM services, agree to comply with hosted.IM Terms of Service ("TOS"). The spirit of the TOS is to ensure customers are using hosted.IM services with due regard to the rights of other Internet users and in conformity with the requirements of hosted.IM network environment. The TOS are not exhaustive and Process One reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to https://hosted.im or notification of the modified TOS. Any complaints about a customer's violation of the TOS should be sent to firstname.lastname@example.org. Please see our abuse terms for more details on abuse policy. When you agree to the terms, you are also agreeing to our Billing terms. Except when expressly agreed to the contrary in writing by an authorized representative of Process One, this TOS supersedes any other agreement with Process One, whether written, oral, by conduct, or otherwise.
- hosted.IM Instant Messaging Hosting Customer Restrictions
- Server Resources — Any XMPP domain hosted by hosted.IM that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level. Process One will be the sole arbiter of what is considered to be a high server usage level. Any XMPP domain hosted by hosted.IM deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
- Spamming and spimming — Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming" in the case of e-mail and "spimming" in the case of instant messaging) is prohibited, regardless of whether or not it overloads a server or disrupts service to hosted.IM customers. The term "spamming" and "spimming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam an XMPP entity hosted on a Process One server, and selling or distributing software (using an XMPP entity residing on a Process One server) that facilitates spamming or spimming. Violators will face immediate suspension. Process One reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
- Uptime Guarantee — Process One guarantees that your XMPP domain will be up and running at least 99.9% of the time during any given 12-month period. This guarantee includes network uptime, XMPP server uptime and service uptime. It does not cover any areas where Process One has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues with subscriber's domain name, connection issues between the client's location and Process One data center. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Process One cannot directly influence.
- To request a service credit due to an uptime concern, please submit a request for this guarantee via Process One web site.
- If requesting a "service credit" we ask that the client briefly explains the reasons for doing so. Include any documentation supporting your request.
- Ownership of XMPP Domain — The legal owner of customers' XMPP domains and accounts with hosted.IM will be the individual or organization whose name is listed in hosted.IM database as the owner. Customers will fully cooperate with and abide by any and all of Process One security measures and procedures in the event of any dispute over ownership of customers' XMPP domains and accounts with hosted.IM. Prior to providing the Services, ProcessOne may verify that Customer owns or controls the Customer Domain Names. If Customer does not own, or control, the Customer Domain Names, then ProcessOne will have no obligation to provide Customer with the Services.
- Illegal Use — hosted.IM servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. Additionally, in purchasing hosted.IM services, all hosted.IM customers certify that they and/or the organization they represent in procuring services from hosted.IM are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
- Child Pornography — The use of hosted.IM services to transmit, advertise or otherwise make available child pornography is prohibited. Process One is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
- Indemnification — Process One customers agree to protect, defend, hold harmless, and indemnify Process One, any third party entity related to Process One (including, without limitation, third party vendors), and Process One executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of hosted.IM services.
- Disclaimer — The hosted.IM service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Process One expressly disclaims any representation or warranty that the hosted.IM service will be error-free, secure or uninterrupted. No oral advice or written information given by Process One, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Process One and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
- LIMITATION OF LIABILITY — TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Process One (INCLUDING, WITHOUT LIMITATION, Process One'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING hosted.IM'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR hosted.IM SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY hosted.IM SERVICES EVEN IF Process One HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Process One'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR hosted.IM'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Process One OR Process One'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
- Modifications — Process One may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with hosted.IM services. Certain changes to hosted.IM services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Process One is not liable, for any and all such personalized applications and content, except as expressly agreed to by Process One.
- Governing Law and Severability — The TOS, and any other agreement for hosted.IM services, will be governed by and construed in accordance with the laws of the France without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Process One will take place in Paris, France, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other Process One agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
- Independent Contractors — Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Process One and its customers. Each of Process One and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
- Construction and Interpretation — Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
- Complete Agreement and Exclusivity — The TOS, and/or any other specific agreement for hosted.IM services, constitutes the complete understanding and agreement between Process One and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Process One, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for hosted.IM services is between Process One and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Process One.
- Refusal of Service — We reserve the right to refuse, cancel or suspend service at our sole discretion. All sub-networks, distributive hosting sites of hosted.IM must adhere to the above policies.
- Third Party Providers — You agree that certain services may be provided by third party providers of Process One and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.
- Usage and Abuse Policy
- Below are terms that can suspend your account due to abuse on our servers. Please remember you are on a shared server and everyone is entitled to the server resources. This is a guideline for hosted.IM and we will work with you so that you are not in violations of these terms.
- Billing Policy
- The following Terms of Service constitute Process One Billing Policy and apply to ALL hosted.IM customers:
- Payments — All charges are shown in Euros. Payments are to be made in Euros. Process One accepts the following types of payment:
- * Credit Card (VISA, MasterCard)
- You may purchase commercial services of hosted.IM by means of buying hosted.IM Credits. Applicable taxes or shipping and handling charges, which may not apply to hosted.IM Credits or virtual products (if any), are not included in the prices, but all such charges will be added to your invoice and will be visible at Check Out before you complete your purchase.
- All payments are due on the Account Statement Date. The Account Statement Date is each first day of each new month since the date the account was activated. You agree to pay all fees, charges and/or associated taxes ("Fees") made to your account based on hosted.IM's fees, charges, and billing terms in effect as shown on the Buy Credits page. Charges for contracted services are automatically debited from your account. If you do not pay on time or if Process One cannot charge your account for any reason, like insufficient credits or impossibility to charge your credit card, Process One reserves the right to either suspend or terminate your hosted.IM service and your account and terminate these Terms. If you cancel your account at any time, you will not receive any refund.
- Important Notice — Domain name registrations and XMPP hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your hosted.IM plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify Process One that you would like to cancel your account.
- Statements — Process One does not mail paper invoices or statements. Statements can be viewed and printed through My Account control panel.
- Cancellations — Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must remove your registered domains.
- Cancellations become effective on the day processed by Process One. Process One is unable to cancel your account effective for a future date.
- Process One does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to hosted.IM services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Process One reserves the right to cancel any account, at any time, without notice, for any reason Process One considers appropriate.
- Billing/Price Changes — Process One policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
- ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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