Terms of Service
By using or applying to use our services, you agree to comply with
our policies outlined below. We expect you to have a basic knowledge
of how the Internet functions, the types of uses which are generally
acceptable, and the types of uses which are to be avoided. The following
are unacceptable uses which will result in the suspension or termination
of your account without refund:
- Illegality in any form, including but not limited
to activities such as unauthorized distribution or copying of
copyrighted software, violation of U.S. export restrictions,
harassment, fraud, drug dealing, and other illegal activities.
- Hacker activity involving your account, whether
directly deliberately caused by customer or not. We reserve the
right to remove permission to access servers by FTP/Telnet/POP
if we suspect security violation attempts.
- Spamming - Sending of unsolicited commercial email
or newsgroup posts from the server or involving your domain.
- Mail bombing - Sending of large files or emails to
other users against the request of an Internet user whether or not
our servers are used.
- Other non-defined activities that www.msextoys.com, Inc.
considers, at its sole discretion, to be inappropriate or
- Storage and/or distribution of MP3 files or pirated
software or programs which are intended or used for security
violation purposes (hacking software).
- Attempted use of IRC-related software on the server.
The provisions of this Policy are intended as guidelines
and are not meant to be exhaustive. Generally, conduct that violates law,
regulation, or the accepted norms of the Internet community, whether or
not expressly mentioned in this Policy, is prohibited. We reserve the right
at all times to prohibit activities that damage its commercial reputation
Our servers may be used only for lawful purposes. Transmission, distribution
or storage of any material in violation of any applicable law or regulation
is prohibited. This includes, without limitation, material protected by
copyright, trademark, trade secret or other intellectual property right
used without proper authorization, and material that is obscene, defamatory,
constitutes an illegal threat, or violates export control laws. Examples of
non-acceptable content or links: "Pirated software", "Hackers
programs or archives", "Warez Sites", "Irc Bots",
www.msextoys.com, Inc. will be the sole arbiters as to what constitutes a
violation of this provision.
Violations of system or network security are prohibited, and may result
in criminal and civil liability. Examples include, but are not limited
to the following: Unauthorized access, use, probe, or scan of a systems
security or authentication measures, data or traffic. Interference with
service to any user, host or network including, without limitation,
mail bombing, flooding, deliberate attempts to overload a system and
broadcast attacks. Forging of any TCP-IP packet header or any part of
the header information in an email or a newsgroup posting.
It is a violation for anyone who, including but not limited to, employs
posts or programs which consume excessive CPU time or storage space,
permits the use of mail services, mail forwarding capabilities, POP
accounts, or auto responders other than for their own account; or resale
of access to CGI scripts installed on our servers.
Cancellation of accounts may require disconnection fees depending on
the service being provided, which are determinated by www.msextoys.com, Inc.
Client must give 30 days notice of cancellation request, by fax only.
No other method of cancellation may be accepted. Accounts are
automatically renewed at the end of each payment period unless a valid
cancellation request has been received and processed 30 days prior to
the renewal date.
No one shall post defamatory, scandalous, or private information about
a person without their consent, intentionally inflicting emotional
distress, or violating trademarks, copyrights, or other intellectual
Sending unsolicited mail messages, including, without limitation,
commercial advertising and informational announcements, is explicitly
prohibited. A user shall not use another site's mail server to relay
mail without the express permission of the site.
When www.msextoys.com, Inc. becomes aware of an alleged violation of its
Acceptable Use Policy, www.msextoys.com, Inc. will initiate an investigation.
During the investigation www.msextoys.com, Inc. may restrict Customer's
access in order to prevent further possible unauthorized activity.
Depending on the severity of the violation, www.msextoys.com, Inc. may,
at its sole discretion, restrict, suspend, or terminate Customer's
account and/or pursue other civil remedies. If such violation is a
criminal offense, www.msextoys.com, Inc. will notify the appropriate law
enforcement department of such violation.
www.msextoys.com, Inc. reserves the right to add, delete, or modify
any provision of this Policy at any time without notice. www.msextoys.com,
Inc. reserves the right to change fees, surcharges, or institute new
fees at any time without prior notice. In the event of non-payment,
any breach of this agreement, or for any other reason within the
sole discretion of www.msextoys.com, Inc. shall have the right to
immediately, without need for notice, terminate client's
virtual hosting account. This agreement is not assignable or
transferable without express written consent of www.msextoys.com, Inc.
In the event of non-payment a customer account may not be
terminated until all fees are settled. Additional charges may
arise from overdue payment.
www.msextoys.com, Inc. hosting services may only be used for lawful
purposes. Transmission of any material in violation of any U.S. or
any State's regulation is prohibited. This includes but is not
limited to: copyrighted material, material legally judged to be
threatening of obscene, material protected by trade secret,
or in any way a violation of intellectual property laws.
Account setup times are estimated and not guaranteed.
www.msextoys.com, Inc. reserves the right to deny any part of
service without notice.
Client specifically agrees to indemnify and hold www.msextoys.com, Inc.
harmless in any legal action which arises as a result of
your use of our service, without limitation or exception. This
indemnification extends to all issues associated with your
account, including but not limited to domain name selection
and web site content.
www.msextoys.com, Inc. cannot be held legally accountable for any
losses which result from the use of its services.
www.msextoys.com, Inc. reserves the right to refuse, suspend or
discontinue service to anyone at any time, at their sole
discretion without prior notice or refund of any service
The agreement constitutes the entire agreement between
the parties hereto. The terms and conditions of this
agreement shall be interpreted and enforced pursuant to
the laws of the United States of America.
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