This policy is subject to change at any time with or without notice it is your responsibility to make sure you are aware of the latest changes to this policy. This policy is in combination with our Terms of Service and any plan specific agreement between the Customer ("You") and Hamster Systems Ltd. ("Hamster Sys"/"US")
"Service" means the services and or products provided to you by Hamster Systems.
Hamster Systems reserves the right to suspend or cancel a customer's access to any or all Services provided by Hamster Systems, where Hamster Systems decides that the account has been inappropriately used. Hamster Systems reserves the right to refuse Services and/or access to its servers to anyone.
2. Customer Obligations
2.1: You will keep full security copies of your computer programs database and computer records on a daily basis or more frequently if required by best computing practice;
2.2: In order to maintain the data-transfer volume restrictions, You agree to check all email accounts at regular intervals and download the emails stored therein. You understand that Hamster Systems may, should the capacity of your email boxes be exceeded at any time, return all subsequently received emails to the senders without notice to You (even though we will try to contact you.
2.3: You will keep confidential all passwords received from Hamster Systems for the purpose of the Services and notify Us immediately upon becoming aware that a password has become known to an unauthorized third party.
3. Use of the Services
3.1: You will only make use of the Services for a legitimate and lawful purpose.
3.2: You will complete your own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services.
3.3: You will ensure that your website complies at all times with all relevant laws and obligations in any territory in which You are situated or in which your website may be accessed or made available. You must also obtain any relevant consents and approvals for the installation and use of any third-party equipment or software. Hamster Systems will have no liability under this Agreement for your failure to comply with any such relevant laws or obligations or do not obtain such consents or approvals.
3.4: You shall at all times use Web Site Space exclusively as a conventional Web Site. You shall not use the Web Site Space or Your Services in any way which may result in an excessive load on the Hamster Systems Equipment, including but not limited to installing or running web proxies, using your allotted space as online backup or storage, or mirroring mass downloads without Prior Permission from the Hamster Systems Technical Team or Hamster Systems Abuse Team.
3.5: We reserve the right to refuse to provide any and all Services or access to our servers at any time at our discretion.
3.6: We do not allow any content to be stored on our servers that contradicts this Agreement. We reserve the right to remove such content, suspend and/or cancel the Services immediately if we consider that such content breaches this Agreement.
3.7: You accept that your use of a web hosting package with unlimited web space shall be subject to the terms of this Agreement and You warrant that You will comply with this Agreement.
3.8 Quotas and Limits.
3.9: We shall notify You if we become aware of any alleged breach by You of this Agreement.
3.10: We reserve the right to move your data to a different server without prior notice to You or any third parties.
3.11: Should your use of the Services result in an overly high load on Hamster Systems equipment, then we may suspend your account at our sole discretion until the cause of any such overload (legitimate or otherwise) is determined.
3.12: You shall indemnify Us against all damages, losses, and expenses arising as a result of any action or claim relating to any breach of this Agreement by You.
3.13: In the event that we remove your data or content and/or suspend all or any Services and later reinstate such content and/or resume the Services, Hamster Systems shall not be liable for any damages, losses, or expenses arising from such action. You shall indemnify Us against all damages, losses, and expenses arising as a result of any action or claim relating to any breach of this Agreement by You.
4. Unacceptable Use of the Services
4.1: You will not send, transmit, make available, copy, retransmit, broadcast, or publish (whether directly or indirectly) in whatever form any data, information or contractual rights, material, or statement which infringes the Intellectual Property Rights or contractual or statutory rights of any person or legal entity or the laws or statutory regulations relating to defamation, contempt, blasphemy, infringement of privacy or personal data rights and any equivalent or related laws in any territory in which they are or may be accessed or made available;
4.2: You will not make use of the Services to send or cause to be sent or forwarded electronic mail without the express or assumed agreement of the respective recipient. This shall include but not be limited to not sending large numbers of electronic mails with the same content which is commonly referred to as "spamming".
4.3: Use of the IMAP account as a "virtual drive", i.e., to store files as attachments or in any other manner, is strictly prohibited. IMAP accounts may be used for no purpose other than in the context of normal email traffic.
4.4: You will not use the Services to obtain or offer or permit to be offered for profit or otherwise any material, images, displays, or services which are offensive, illegal, or immoral or which are in breach of any legal obligation.
4.5: You will not use the Services to obtain or offer or permit to be offered for profit or otherwise any material, images, displays, or services which contain any adult material. Adult material includes all pornography; or otherwise lewd or obscene content. The designation of 'adult material is left entirely to the discretion of Hamster Systems.
4.6: You will not arrange your home page(s) in a way that leads to a risk of or causes an excessive load on the server provided by Us in connection with the Services.
4.7: You understand that if You exceed the relevant data transfer volume applicable to specified Services you will be liable to pay additional charges as may vary from time to time for the data transfer volume exceeding the agreed level in the specified Service.
4.8: You will not use the Services in a manner that infringes any third party's copyright or other intellectual property rights.
4.9: You must ensure that any use of Hamster Systems services by You or any other authorized account user: are not knowingly or negligently used for i.e. creating, transmitting, exceeding the quota limit, publishing or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, Trojans or any other similar software or program) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of Hamster Systems Internet's services or any other Internet user or person or company.
4.10: You must ensure that any end-user-submitted content such as forum posts or chat room entries meets the standards defined within this Agreement.
5. Hamster Systems Software
6. Enforcement of this agreement
6.1: Hamster Systems will determine, at our own discretion, whether there has been a breach of this Agreement through your use of Hamster Systems Services. When a breach of this Agreement has occurred, we may take any such action as deemed appropriate in accordance with section 1 of this Agreement.
6.2: Failure to comply with this Agreement constitutes a material breach of the Agreement upon which you are permitted to use Hamster Systems Services, and may result in Hamster Systems taking all or any of the following actions:
6.2.1: immediate, temporary, or permanent withdrawal of your right to use Hamster Systems Services.
6.2.2: immediate, temporary, or permanent removal or archiving of any content in breach of this Agreement uploaded to Hamster Systems servers.
6.2.3: issue of a warning to You.
6.2.4: issue legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
6.2.5: further legal action against You.
6.2.6: disclosure of such information to law enforcement authorities as Hamster Systems considers to be reasonably necessary.
6.3: Hamster Systems exclude liability for actions taken in response to breaches of this Agreement. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
7. General
Hamster Systems are committed to assisting, and cooperating with, all law enforcement and government agencies in helping to reduce Internet Crime.
8. Contact Info
Hamster Systems are happy to answer any questions You may have regarding your Hamster Systems services. Please note that any discussions with Us are treated in the strictest confidence, so we may need to ask You security questions to confirm that we are speaking to the right person.
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