This Service Agreement ("Agreement") governs the relationship of Happybox.com (the "Service Provider"), its systems and resources (the "Service"), and any entity that is explicitly granted use of the Service (the "Subscriber").
The Subscriber shall indicate acceptance of this Agreement in the course of submitting an order to the Service Provider through the Service Provider's electronic order form or by accessing the Service.
The Service Provider shall indicate acceptance of this Agreement by sending confirmation of the order to the Subscriber by electronic mail.
The Subscriber may not assign rights or delegate duties assumed by acceptance of this Agreement without the prior written consent of the Service Provider, and any attempted assignment or delegation without such consent shall be void.
The Service Provider shall provide access to the Services paid for by the Subscriber expressly for the use of the Subscriber, to include maintenance of the underlying hardware and network infrastructure necessary to connect the Service to the Internet and a password to support authentication while using the Service.
The Subscriber shall not obtain any right or title in any equipment or software belonging to the Service Provider or any third parties whose equipment the Service Provider may utilize to provide the Service.
During the term of this Agreement, and conditioned upon full payment of fees, the Service Provider grants to the Subscriber a non-exclusive, non-transferable license to access and use the Service solely in accordance with this Agreement and the guidelines set forth in the Acceptable Use Policy.
The Service Provider shall send an invoice to the Subscriber by electronic mail for any applicable fees related to administration, setup, upgrades, and use of the Service.
Administrative, setup, and upgrade fees shall be due at the time that they are assessed.
All recurring service fees shall be due in advance of the billing period incurred and any applicable overage charges relating to use of the Service shall be due at the end of the billing period in which such charges are incurred.
The Subscriber agrees to pay all fees invoiced by the Service Provider via credit card Moneybookers or PayPal transaction. The Service Provider may, at its sole discretion, accept alternate forms of payment.4.3 Payments
Where the Subscriber has elected to automatically transact payments made to the Service Provider, the invoice sent to the Subscriber by electronic mail shall also service as the Subscriber's receipt of payment.
Where the Subscriber has not elected to automatically transact payments made to the Service Provider, or in the event that an automatically
transacted payment should fail, the Subscriber shall promptly pay any invoiced charges to the Service Provider prior to the invoice due date.
Refund is Provided only if services are surendered or cancelled within 24Hours and the client has not uploaded over 25 GB. After 24 Hours no Refund will be Provided under any circumstances
This agreement shall remain in effect until notice of termination is provided by the Subscriber or Service Provider.
This Agreement and the Subscriber's access to the Service shall terminate as follows:
The Subscriber may terminate at the end of the present billing cycle
The Service Provider may terminate with thirty (30) days prior notice
The Service Provider may terminate with fifteen (15) days prior to the notice the Subscriber should the Subscriber fail to correct any breach of this Agreement
The Service Provider may immediately and without prior notice terminate upon determining, at its sole discretion, that the Subscriber is in violation of the Acceptable Use Policy.
About Torrents, we dont allow public torrents on our servers.
Sections 1, 2, 3, 5, 6, 7, 8, 9, and 10 shall survive any termination of this Agreement.
5.1 Termination at End of Billing Cycle
The Subscriber may provide notice to the Service Provider by submitting a cancellation request via an electronic form.
5.2 Termination with 30 Day Notice
The Service Provider may provide notice by electronic mail.
5.3 Termination with 15 Day Notice
Should the Subscriber breach any provision of this Agreement, the Service Provider shall provide notice by electronic mail.
5.4 Termination upon Acceptable Use Policy Breach
The Service Provider shall provide notice by electronic mail.
Either party shall be excused from any delay or failure in performance under this Agreement which is caused by reason of any occurrence or contingency beyond its reasonable control, including without limitation: acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
The Subscriber shall indemnify and hold the Service Provider harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect, and consequential), attorney's fees and expenses that the Service Provider may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement (including reasonable attorney's fees) and for any act or omission of the Subscriber or customers of the Subscriber which are in any way related to the Service.
While the Service Provider makes reasonable efforts to maintain the Service, many factors are not within the Service Provider's control. Therefore,the Service Provider does not warrant, and is not responsible for (even if caused by negligence of the Service Provider) any loss of data, delays,non-delivery or mis delivery of information, lack of access, slow response time, interruptions of the Service, or errors of the Service.
Loss, delay or non-delivery of data can be due to but not limited to the Service Provider's own negligence, viruses, or other third parties. The Subscriber's data is defined as any data held by the Service Provider and includes account information, web hosting data, email, and domain name services.
This disclaimer and waiver shall apply equally to any and all third party providers. The Service Provider makes no warranty to the Subscriber regarding the accuracy of usage statistics, which the Service Provider may provide at its discretion. Further, no advice or information given by any representative of the Service Provider shall create a warranty or serve as an amendment to this agreement.
Any rights not expressly granted herein are reserved. Any failure of the Service Provider to assert any rights it may have under this Agreement does not constitute a waiver of the Service Provider's right to assert the same or any other right at any other time or against any other person or entity.
If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision.
The Service Provider may subcontract any work, obligations or other performance required of the Service Provider under this Agreement without consent of the Subscriber.
No part of this Agreement or in the understanding of the parties confers upon the parties the status of a partnership or joint venture.
This Agreement shall be governed by the laws of the state of Washington, without giving effect to applicable conflict of laws provisions. The federal and state courts located in Seattle, Washington, USA alone have jurisdiction over all disputes arising out of or related to this Agreement and the Service. The Subscriber consents to the personal jurisdiction of such courts sitting in Washington with respect to such matters or otherwise between the subscriber and Service Provider, and waive rights to removal or consent to removal. In the event any litigation or other proceeding is brought by either party in connection with this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to recover from the other party all costs, attorneys' fees and other expenses incurred by such prevailing party in such litigation.
The titles in this Agreement are provided only for convenience and are not to be used in interpreting the Agreement. The Service Provider reserves the right to change this Agreement upon notification sent by electronic mail to all active Subscribers.
This Acceptable Use Policy ("AUP") is accepted as part of the Service Agreement ("Agreement") entered into by and between Happybox.com (the "Service Provider") and any entity that pays or agrees to pay for services (the "Subscriber").
The Service Provider, at its sole discretion, shall determine whether an act constitutes a violation of the AUP. The list provided as part of the AUP is meant to serve as a guideline and not a complete enumeration of prohibited activities.
The Subscriber will notify the Service Provider to request permission prior to engaging in any activity which may impact the quality of service for other Subscribers. The following acts will be considered violations of the AUP:
Using the service in any way which violates Federal, State, Local, or International law.
Transmitting copyrighted material without authorization from the copyright holder.
Violating export control regulations.
Seeding is disallowed on public/semi-private trackers
Willfully interfering with the regular operation of the Service
Attempting to access any system which the Subscriber knows or reasonably should know that the Subscriber is not authorized to access in the manner or to the extent attempted
Hosting any deceptive material for the purposes of phishing
Running any password cracking software
Running root exploit kits against other servers
Distributing viruses, worms, or trojan horses
Forging or misrepresenting message headers in whole or in part
Threatening or encouraging bodily harm or destruction of property
Violating of the rights of privacy or publicity of an individual
To include the promotion of: Any activities prohibited by Federal, State, Local, or International law
Any activities which result in the spread of computer viruses or other damaging programs or data files
Any activities which violate export restrictions (including making non-exportable information or software available to foreign nationals as may be prohibited by law)
Circumvention of copyright or patent protection
Exposure of any trade secret
Transmitting any unsolicited commercial e-mail
Transmitting any unsolicited bulk e-mail
The Subscriber agrees to send bulk electronic mail only to those who have specifically requested to receive such mail and comply with all Federal, State, Local, and International laws governing the transmission of electronic mail.
Posting commercial, political, or advertising posts to public forums
Issuing unsolicited trackbacks for the purpose of promotion
Providing DNS resolution in support of Unsolicited Bulk Electronic Mailing
Hosting a destination site linked from Unsolicited Bulk Electronic Mailing
Consistent overuse of shared resources to the detriment of other Subscribers
Operating an open proxy server or using the Service as part of a proxy network
Use of a null password, dictionary word as password, or any other form of authentication lacking reasonable secrecy from a third party as part of a root or user-level authentication scheme
Allowing an unauthorized third party to establish root access to Service provided by the Service Provider
Allowing an unauthorized third party to establish user-level access to Service provided by the Service Provider
Operating an open mail relay
Operating an Internet Relay Chat (IRC) server
The Service Provider reserves the right to monitor the use of the Service.
Should the Service Provider determine, at its sole discretion, the Subscriber has committed any act which violates this AUP, the Service Provider reserves the right to immediately suspend or terminate Service with or without notice to the Subscriber.
The Service Provider will send notification by e-mail to the contact e-mail address on file for the Subscriber in the event that an AUP violation which does not merit termination of Service is identified. Should the Subscriber fail to respond and take action to correct an AUP violation identified in a notification from the Service Provider, the Service provider shall suspend the Service until acknowledgment is received and apply a Service Suspension Fee in accordance with the AUP Fee Schedule.
The Subscriber agrees to pay all associated fees related to the suspension, termination, and reactivation of the Service.
In the event that an account has been suspended three times for any AUP violation or terminated for any AUP violation, a Service Reinstatement Fee shall be applied in accordance with the AUP Fee Schedule and paid by the Subscriber before the Subscriber may acquire Service from the Service Provider.
If you believe you or your system was the subject of an attack originating from our network, contact us immediately. Our security response team will investigate all complaints received.
The Service Provider reserves the right to change the AUP at any time, without prior notice.