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Expericomm.net Terms of Service

Introduction

"Expericomm", "we" or "us" refers to Expericomm and all its related organisations, partners and firms.
Use of Expericomm hosting and services is subject to this Terms Of Service and the Disclaimer.
Expericomm reserves the right to suspend network access to any customer if in the judgement of the Expericomm administrators the customer's server is the source or target of the violation of any of the other terms of the Terms Of Service or for any other reason which Expericomm chooses. 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 services were suspended.

Payment

All payments made to Expericomm or any related firms are non-refundable, but not limited to any case of disputes charges and overcharging.
Charges for usage in excess of the bandwidth allowed to an account will be included in the bill for the following month.
Users who fail to pay by credit card within ten (10) days of the issuance of their account invoices (by email or standard delivery) will result in the immediate termination of their account(s).
All payments are made using the PayPalŪ payment system and Bank Transfer. Expericomm accepts no responsibility for any loss of payment and or service through using these methods.

Account Cancellation

Request for termination of user accounts can be made by emailing support@Expericomm.net Termination requests will take effect immediately. If the termination request was received after a payment has been made, you still have the remainder of that month available. Payments are non-refundable for the month. There is no cancellation fee at any time. If you break any of the terms, or Expericomm believes you are breaking any of the terms within this agreement, then we reserve the right to cancel your subscription to our service at any time.

Fraudulent Activities

Placement, offer, sale and storage of illegal or unauthorized products and/or software using the Expericomm hosting space will result in an immediate and irrevocable termination of the violating account(s). No refunds will be made for such termination.
Storage, placement, offer and sale of copyrighted material such as files based on copyrighted audio/video material, pirated software ('warez'), or any other illegal material, such as hate, terrorists related website, which is prohibited by United Kingdom and, or United States of America law will result in an immediate termination of the violating account(s).
Expericomm will seek to provide maximum cooperation with the investigating and prosecuting bodies, and reserves the right to furnish private details and information supplied by the offenders during the time of their registration and subscription to Expericomm service(s).
Legal action will be taken against perpetrators of credit card fraud and other abuse of the system aimed at deriving illegal financial benefit. Subscribers from countries deemed to pose high risks where credit card fraud is concerned, including but not limited to, Indonesia, Russia, the former Soviet Union countries, Malaysia, China and the Middle Eastern countries are required to furnish a copy of their driver license, passport and signed Terms of Service to Expericomm via fax to prove ownership of the credit cards used for payment, prior to the full establishment of their account(s).

Violation Of Service

Non-adherence and non-compliance with any terms and conditions listed herein will result in immediate suspension of the violating account(s), unless the penalty is immediate termination, as stated herein, for which immediate termination shall apply.
E-mail will be despatched to the offending subscriber requesting the provision of an explanation of the issue.
The management of Expericomm reserves the right to terminate the violating account without refund if the explanation is not received within a time deemed reasonable by the management of Expericomm or if the reason submitted is deemed insufficient or inappropriate by the management of Expericomm.

Bandwidth & Disk Usage

Usage of bandwidth in excess of the volume allowed to accounts will be levied charges according to the amounts within the Helm control panel.
Account holders are advised to maintain the storage requirements of their account(s) by deleting unnecessarily large files, or upgrade to packages with higher storage and bandwidth allocations.
Expericomm will try to inform you if you reach close to your limit of bandwidth. However, the responsibility lies with the customer, otherwise the relevant above charges will be made.

Resource Usage

Users may not initiate the following on our servers:
Run any process that requires more than 6Mb of memory space, more than 25CPU seconds, or use more than 5% of all available system resources at any time.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any site with adult-oriented content, including but not limited to any pornographic material.
Any legal and moral remotely-hosted services are fully allowed.

Refund & Disputes Over Charges

Expericomm will provide immediate refunds to account holders involving over-charging for any reason.
Advanced payment made by account holders whose account(s) cannot be setup within 72 hours of the application will be refunded and the application marked as void.

SPAM & Unsolicited Commercial Email (UCE)

Expericomm takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. - Very simply this means that customers of Expericomm may not use or permit others to use our network to transact in UCE.
Customers of Expericomm may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Expericomm's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Expericomm will initiate an immediate investigation (within 48 hours of notification).
During any investigation, Expericomm may restrict customer access to the network to prevent further violations.
If a customer is found to be in violation of our SPAM policy, Expericomm may, at its sole discretion, restrict, suspend or terminate the customer's account. Further, Expericomm reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Expericomm will notify law enforcement officials if the violation is believed to be a criminal offence.

Copyright or Trademark Infringement

Use of the Expericomm service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Revision Of Policies

The management of Expericomm reserves the right to make amendments or alterations to the terms and services listed herein without prior notification to existing account holders.
All account holders are encouraged to refer to Expericomm T&Cs regularly for the latest copy of the Terms of Service and conditions of subscription.