|
TERMS OF SERVICE (TOS)
Introduction
Visual Soft Pakistan's goal is to
provide the best service possible for an enjoyable
Internet experience. This Acceptable Uses Policy ("AUP"
or "Policy") is designed to keep the services provided
by Visual Soft Pakistan. and the Internet enjoyable and
useful for all of our subscribers. Violation of this
Policy may result in suspension or cancellation of
services. Visual Soft Pakistan is committed to and
supports the free exchange of information and ideas over
the Internet. Visual Soft Pakistan. does not actively
monitor nor does Visual Soft Pakistan exercise editorial
control over the content of any web site, electronic
mail transmission, mailing list, news group or other
material created or accessible over Visual Soft Pakistan
servers. However, Visual Soft Pakistan. reserves sole
discretionary rights to remove any material deemed
potentially illegal/harmful to Visual Soft Pakistan
business operations or equipment. Use of Visual Soft
Pakistan's servers immediately constitutes acceptance
and acknowledgement of this Acceptable Uses Policy.
Restricted Content
Clients are expected to use the
Internet with respect, courtesy, and responsibility,
giving due regard to the rights of other Internet users.
Clients are expected to use his/her account for the
purposes of maintaining a website only. Common sense is
the best guide as to what is considered acceptable use.
Visual Soft Pakistan forbids
websites with adult graphic content (softcore and/or
hardcore), including, but not limited to, banner
advertising, any adult website(s), child pornography,
and distribution of adult website passwords. Client's
whose accounts are found in violation of this policy
may, at the discretion of Visual Soft Pakistan., have
their account(s) terminated without notice and are
subject to a maximum clean-up/disconnect fee.
Client's whose website promotes
activities that violate federal, state, local,
International laws and/or violation of U.S. export
restrictions are also not welcome at Visual Soft
Pakistan. This includes "warez" sites (freely
distributing copyright programs), or sites promoting
hacking and/or cracking programs. Client's whose
accounts are found in violation of this policy may, at
the discretion of Visual Soft Pakistan, have their
account(s) terminated without notice and are subject to
a maximum clean-up/disconnection fee. Additionally,
Visual Soft Pakistan may contact the Software Piracy
Association ("SPA") and release any information in
connection with any illegal activities relating to
software piracy on the Client's account.
IRC Bots, or any other automaton
programs written in C, Perl or IRC-script used
specifically in conjunction with IRC are not allowed.
These programs tie up system resources and are in no way
related to maintaining a website. Clients are not
allowed to have any programs, including but not limited
to, Eggdrop, or any other IRC-related programs, within
their account. Client agrees not to upload the tar file
for any of these programs or to execute them within
their account. The first violation of this policy will
result in the IRC-related program to be removed from the
Client's account and Visual Soft Pakistan will notify
the Client immediately of the violation. The second
violation of this policy may, at the discretion of
Visual Soft Pakistan, result in the Client's account(s)
being terminated without notice and a maximum
clean-up/disconnect fee.
Simply put, we ask that you use
your account for the purposes of hosting a non-adult
oriented, legal website.
Warranties/Disclaimers
Visual Soft Pakistan's Internet
service is provided on an "as is, as available" basis.
No warranties, express or implied, including, but not
limited to, those of merchantability or fitness for a
particular purpose, are made with respect to Visual Soft
Pakistan or any information or software therein. You
release Visual Soft Pakistan from and Visual Soft
Pakistan shall have no liability or responsibility for
any direct, indirect, incidental or consequential
damages suffered by you in connection with your use of
or inability to use Visual Soft Pakistan services
including, but not limited to, damages from loss of data
resulting from delays, non-deliveries, miss-deliveries,
or service interruptions, or due to inadvertent release
or disclosure of information sent by you even if the
same is caused by Visual Soft Pakistan own negligence.
Without limiting the generality of the foregoing, Visual
Soft Pakistan disclaims to the full extent permitted by
applicable law any responsibility for (and under no
circumstances shall be liable for) any conduct, content,
goods and services available on or through the Internet
or the Visual Soft Pakistan services. In no event shall
Visual Soft Pakistan aggregate liability exceed the
amount paid by the client to Visual Soft Pakistan for
the services provided by Visual Soft Pakistan Use of any
information obtained via Visual Soft Pakistan is at the
user's own risk. Visual Soft Pakistan specifically
disclaims any responsibility for the accuracy or quality
of information obtained through its services.
Trademarks & Copyrights
Client warrants that it has the
right to use the applicable trademarks, if any, and
grants Visual Soft Pakistan the right to use such
trademarks in connection with IVisual Soft Pakistan's
service.
Client agrees not to modify any
copyright notices in features (Perl programs, etc.)
provided by Visual Soft Pakistan Modification of scripts
provided by Visual Soft Pakistan without written
permission is strictly prohibited.
Etiquette and Policies
(spam etc)
Spamming is the sending of
unsolicited e-mail, regardless of size or volume, to
persons the sender does not know or have prior consent
to send the message to. Using fictitious e-mail
addresses @visualsoftpk.com, or @webmassterz.com or any
domain name hosted with Visual Soft Pakistan is strictly
forbidden. Spamming also includes sending unsolicited
advertisements to numerous email addresses or newsgroups
and/or generating a significantly higher volume of
outgoing email than a normal user. A violation of this
policy extends to clients who send unsolicited e-mail
from a domain name not affiliated or hosted with Visual
Soft Pakistan but the mail message makes mention of a
website hosted with Visual Soft Pakistan
Due to the consumption of system
resources and overloading of the e-mail server, Visual
Soft Pakistan forbids the use of the "Gossamer Links"
program by any client.
Trolling, the posting of
outrageous messages to generate numerous responses, is
also not allowed. Mailbombing, the sending of multiple
messages without significant new content to the same
user and/or subscribing someone else to a mailing list
without that person's permission, cross-posting articles
to an excessive number of newsgroups, or attempting
without authorization to enter into a secured computer
system is strictly forbidden. Visual Soft Pakistan
reserves the right to determine what constitutes abuse
of this policy. Clients whose accounts are found in
violation of this policy may, at the discretion of
Visual Soft Pakistan, have their account(s) terminated
without notice and are subject to a maximum $500
clean-up/disconnection fee.
The following should be noted:
-
Visual Soft Pakistan may
discontinue servicing any Plan, or may require
fulfillment of terms or conditions Visual Soft
Pakistan may choose to impose as a prerequisite for
continuing to service any such Plan. Such
discontinuation or requirement may not be
unreasonable, however, and Visual Soft Pakistan
agrees to provide Customer with reasonable notice by
Email and fax of any such intent to discontinue or
impose certain conditions.
-
Visual Soft Pakistan'
Network's services may not be used for illegal
purposes, or in support of illegal activities.
Visual Soft Pakistan reserves the right to cooperate
with legal authorities and/or injured third parties
in the investigation of any suspected crime or civil
wrong. Activities which are prohibited as
potentially illegal include, but are not limited to:
-
Unauthorized copying of
copyrighted material including, but not limited
to, digitization and distribution of photographs
from magazines, books, or other copyrighted
sources, and copyrighted software.
-
Threatening bodily harm or
property damage to individuals or groups.
-
Making fraudulent offers
of products, items, or services originating from
your account.
-
Attempting to access the
accounts of others or attempting to penetrate
beyond security measures of our or other systems
(referred to as hacking) whether or not the
intrusion results in corruption or loss of data.
-
Harassing others by
'mail-bombing'. 'Mail-bombing' constitutes
sending more than ten (10) similar mail messages
to the same e-mail address.
-
Forging any message
header, in part or whole, of any electronic
transmission, originating or passing through
Visual Soft Pakistan services.
-
Distributing viruses to or
from Visual Soft Pakistan systems.
Limited Liability
-
Client expressly agrees that
use of Visual Soft Pakistan's servers/services is at
Client's sole risk. Neither Visual Soft Pakistan,
its employees, agents, resellers, third party
information providers, merchants licensers or the
like, warrant that Visual Soft Pakistan's services
will not be interrupted or be error free; nor do
they make any warranty as to the results that might
be obtained from the use of the services or as to
the accuracy, or reliability of any information
service or merchandise contained in or provided by
or through the Visual Soft Pakistan, unless
otherwise expressly stated in this agreement. Our
90% uptime guaranty only covers the amount that was
paid for the services.
-
Under no circumstances,
including negligence, shall Visual Soft Pakistan,
its offices, agents or any one else involved in
creating, or distributing Visual Soft Pakistan's
services be liable for any direct, indirect,
incidental, special or consequential damages that
result from the use of or inability to use the
Visual Soft Pakistan's services, or that result from
mistakes, omissions, interruptions, deletion of
files, errors, defects, delays in operation, or
transmission or any failure of performance, whether
or not limited to force major, communication
failure, theft, destruction or unauthorized access
of Visual Soft Pakistan's records, programs or
services. The Client hereby acknowledges that this
paragraph shall apply to all content on hosted on
Visual Soft Pakistan's servers.
Visual Soft Pakistan's
Right to Change Service
Visual Soft Pakistan reserves to
right to change without notice the services it offers,
including, but not limited to, hours of operation, menu
structures, commands, documentation and vendors.
Visual Soft Pakistan's
Right to Modify its Policies
Visual Soft Pakistan may at any
time, revise the Acceptable Uses Policy and/or Privacy
Policy and/or Billing Policy with/without advanced
notice given to clients. Renewal of an account with
Visual Soft Pakistan constitutes acceptance of all
modifications to the Acceptable Uses, Privacy and
Billing Policies and to the contract for the account.
The contract is automatically renewed 7 days before the
date of expiry unless otherwise instructed by the client
at the time of placing the order or via a notice at
least 7 days prior to the account due date. An account
is billed from the date the order is placed up to the
date of expiry of the contract. The contract length is
determined by the client at the time of placing the
order.
Indemnification
Client agrees that it shall
defend, indemnify, save and hold Visual Soft Pakistan
harmless from any demands, liabilities, losses, costs
and claims, including reasonable attorneys' fees,
("Liabilities") asserted against Visual Soft Pakistan,
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 Client, its agents, employees or
assigns. Client agrees to defend, indemnify and hold
harmless Visual Soft Pakistan against Liabilities
arising out of:
-
Any injury to person or
property caused by any products sold or otherwise
distributed in connection with Visual Soft
Pakistan's services.
-
Any material supplied by
Client infringing or allegedly infringing on the
proprietary rights of a third party.
-
Copyright infringement and
-
Any defective product which
Client sold using Visual Soft Pakistan's
servers/services.
Excessive CPU/Memory Usage
Client agrees to take all
responsibility for all programs including CGI scripts
executed under their account. Programs that consume an
excessive amount of CPU run time or Random Access Memory
(RAM) are not permitted. Client agrees and understands
that such excessive use can have an adverse effect on
the performance of the webserver. Client agrees to
accept responsibility for programs executed under
his/her account, regardless of who authored the program.
The use of cgi or php chat scripts or pages is strictly
prohibited. Visual Soft Pakistan reserves the
right to suspend, without notice, all such accounts that
are found in violation. Visual Soft Pakistan has sole
discretion over what constitutes excessive usage.
Programs provided by Visual Soft
Pakistan as an installable feature are not exempt from
this policy. While every efforts is made on Visual Soft
Pakistan's end to ensure the program it provides are
efficient, problems with excessive usage on particular
programs may occur.
|
