Term Of Services
BestNoise Hosting Services ("BestNoise") welcomes you. BestNoise provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.BestNoise.com/tos.php. In addition, when using particular BestNoise owned or operated services, you and BestNoise shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. BestNoise may also offer other services that are governed by different Terms of Service.
BestNoise provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for BestNoise to provide the Service. You also understand and agree that the Service may include certain communications from BestNoise, such as service announcements, administrative messages and the BestNoise Newsletter, and that these communications are considered part of BestNoise membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new BestNoise properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that BestNoise assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BestNoise has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BestNoise has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). BestNoise is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content (as defined in Section 6 below) are appropriate for your child.
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.BestNoise.com/privacy.php , You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this i`nformation, including the transfer of this information to the United States and/or other countries for storage, processing and use by BestNoise and its affiliates.
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BestNoise of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BestNoise cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not BestNoise, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. BestNoise does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, pornographic, indecent or objectionable. Under no circumstances will BestNoise be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a BestNoise official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. upload, post, email, transmit or otherwise make available any material that is of broadcast / streaming types.
10. upload, post, email, transmit or otherwise make available any material that is of keylogging / proxy service / irc / shell(s) if any type / file hosting / file sharing types.
11. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
12. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
13. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
14. "stalk" or otherwise harass another; and/or
15. upload, post, email, transmit or otherwise material for the purposes of file distribution, relay, or streaming reasons.
16. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 15 above.
You acknowledge that BestNoise may or may not pre-screen Content, but that BestNoise and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, BestNoise and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BestNoise or submitted to BestNoise, including without limitation information in BestNoise Message Boards and in all other parts of the Service. You acknowledge, consent and agree that BestNoise may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of BestNoise, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by BestNoise and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
When you register with BestNoise, you acknowledge that in using BestNoise services to send electronic communications (including but not limited to email, uploading photos and files and other Internet activities), you will be causing communications to be sent through BestNoise's computer networks, portions of which are located in California, Ohio, UK, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of BestNoise's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
BestNoise does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant BestNoise the following worldwide, royalty-free and non-exclusive license(s), as applicable: * With respect to Content you submit or make available for inclusion on publicly accessible areas of BestNoise Servers, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the BestNoise Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or BestNoise removes such Content from the Service. * With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than BestNoise Servers, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or BestNoise removes such Content from the Service. * With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than BestNoise Servers, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Service are those areas of the BestNoise network of properties that are intended by BestNoise to be available to the general public. By way of example, publicly accessible areas of the Service would include BestNoise Message Boards and all areas that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of BestNoise Servers that are limited to members, BestNoise services intended for private communication such as BestNoise Mail or, or areas off of the BestNoise network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by BestNoise.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to BestNoise through its forum, or contact forums, you acknowledge and agree that:
(a) your Contributions do not contain confidential or proprietary information;
(b) BestNoise is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
(c) BestNoise shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
(d) BestNoise may have something similar to the Contributions already under consideration or in development;
(e) your Contributions automatically become the property of BestNoise without any obligation of BestNoise to you; and
(f) you are not entitled to any compensation or reimbursement of any kind from BestNoise under any circumstances.
You agree to indemnify and hold BestNoise and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your BestNoise ID), use of the Service, or access to the Service, unless you are a member of the BestNoise Reseller Service, utilising the reselling platform to resell to end users.
You acknowledge that BestNoise may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that idle hosting accounts, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on BestNoise's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that BestNoise has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that BestNoise reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BestNoise reserves the right to modify these general practices and limits from time to time.
BestNoise reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BestNoise shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that BestNoise may, under certain circumstances and without prior notice, immediately terminate your BestNoise account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to,
(a) breaches or violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems,
(f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities, and/or
(h) nonpayment of any fees owed by you in connection with the Services.
Termination of your BestNoise account includes
(a) removal of access to all offerings within the Service, including but not limited to Hosting accounts, Email Services, SQL databases,
(b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
(c) barring of further use of the Service.
Further, you agree that all terminations for cause shall be made in BestNoise's sole discretion and that BestNoise shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service. Refund Policy. Refunds are issued at the sole discretion of BestNoise Internet. BestNoise Internet reserves the right not to issue a refund. Customer agrees that hosting payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue service with BestNoise mid-way through the term. Payments which are deemed to be fraud which can be verified and certain to be fraud are eligible to a refund, subject to the terms and conditions of the payment provider such as PayPal or 2Checkout.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BestNoise shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BestNoise has no control over such sites and resources, you acknowledge and agree that BestNoise is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that BestNoise shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BestNoise or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Free domain names which are included with Paid Hosting accounts are the property of BestNoise Internet. BestNoise will always retain ownership of free domain names we register. If requested, BestNoise will allow the 'transfer' any free domains to an alternative hosting provider if a transfer administration fee is paid, which amounts to $29.99. If the service has been provisioned for over 12 months BestNoise may waiver the above mentioned transfer fee. BestNoise reserves the right to cancel / transfer domain names which are provided with paid hosting accounts. We reserve the right to renew or allow the expiration of domain names we register.
BestNoise may use adverts to subsidize the costs of running the service, the use of advert blockers, or the process of recommending advert blockers whilst using the service is forbidden. Violation will result in termination.
You Expressly Understand and Agree That:
1. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. BestNoise and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. BestNoise and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that(i) the service will meet your requirements;
(ii) the service will be uninterrupted, timely, secure or error-free;
(iii) the results that may be obtained from the use of the service will be accurate or reliable;
(iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and
(v) any errors in the software will be corrected.3. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from BestNoise or through or from the service shall create any warranty not expressly stated in the TOS.
5. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
You expressly understand and agree that BestNoise and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BestNoise has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
BestNoise may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
Please report any violations of the TOS to abuse@BestNoise.com
By using our hosting service you are also required to agree with our partners TOS, they can be found here Partner Terms
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