Terms, Conditions and Acceptable Use Policy

Softplanet provides Internet World Wide Web page hosting, Marketing, and Development. Softplanet has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

Softplanet's general policy is to act as a provider of internet presence. Softplanet has specific ethical concerns regarding the use of its computers detailed below. Softplanet reserves the right to suspend or cancel a customer's access to any or all services provided by Softplanet when we decide that the account has been inappropriately used.

Specific Acceptable Use Policies

Server abuse
Any attempt to undermine or cause harm to a server, or customer, of Softplanet is strictly prohibited.

Unauthorized use of other people's accounts or computers
Softplanet will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, and the like.

Any unauthorized use of accounts or computers by a Softplanet customer, whether or not the attacked account or computer belongs to Softplanet, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Commercial advertisements with e-mail
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation.

Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.

Chat Rooms
We do not allow clients to install their own chat rooms, without approving it with Softplanet. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Softplanet reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Softplanet in writing for a request for termination of services. All payment is in U.S. currency.

Time-based services such as web hosting and site maintenance contracts are cancellable at any time, and a pro-rated refund will be issued. Domain name registration is non-refundable. Professional services such as web page and graphic design are not refundable because the unique service time has already been expended; however, all designs must be accepted by the customer before the work is delivered. As long as the delivered work complies with the specifications and expections, it is non-refundable.

Cancellation
Softplanet reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Softplanet if Softplanet exercises it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

If the client wishes to cancel, such cancellation notification must be provided ten days prior to the date of term renewal.

Lawful Purpose
Softplanet reserves the right to refuse service to anyone. Customers may only use Softplanet servers for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Softplanet expressly forbids anyone from using Softplanet servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of Softplanet management.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Softplanet harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Softplanet, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Softplanet against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Softplanet's servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Softplanet.com's servers.

Disclaimer
Softplanet.com will not be responsible for any damages your business may suffer. Softplanet makes no warranties of any kind, expressed or implied for services we provide. Softplanet disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Softplanet.com and its employees. Softplanet.com reserves the right to revise its policies at any time.

All Sub-Networks, resellers and dedicated servers of Softplanet must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.