TOS & AUP

In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. Users and customers of Services provided by Thoai Media must accept the terms and conditions of business set out below.

The following is the entire TOS/Acceptable User Policy (“AUP”) agreement between Thoai Media and the personal or corporate account holder (“YOU/YOUR/Customer”). Thoai Media provides World Wide Web Hosting services. Thoai Media has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. Thoai Media general policy is to act as a provider of Internet presence. Thoai Media reserves the rights to suspend or cancel a customer’s access to any or all services provided by Thoai Media when we decide that the account has been inappropriately used.

You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Thoai Media to suspend or terminate your account. You agree that Thoai Media has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:

* Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)

* Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity.

* Using your shared or reseller hosting account as a file or image hosting service (allowed on VPS plans).

* Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.

* Using your hosting account as a backup service. All files must be part of your website and must be linked to from your account. VPS and Dedicated server clients are excempt from this.

* Running Torrent Clients

* Running Gameservers (if you feel that your gameserver process will not abuse the CPU or Disk I/O, please contact us for approval before running it) 

* Uploading, linking to or storing warez, cracks or other pirated software.

* Hosting port scanners, banner-ad services, escrow, investment, lottery, gambling and pharmacy sites.

* Assisting in or directly distributing copyrighted material.

* Excessively using the Service in such a way as to limit the bandwidth or performance available to others.

* Providing fake or incomplete contact details, including name, postal address and telephone number.

* Using the Service for unauthorised relays through any third party systems.

* Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.

* Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account, impose a $50 fine per chargeback and deny any future business.

* Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.

* Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.

* Intellectual Property – Thoai Media does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to abuse@thoaimedia.com

* Continuing a specific identification of the allegedly infringing material and the location(s) on Thoai Media’s facilities where the materials are to be found. Upon receipt of such written notice, Thoai Media will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Thoai Media receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Thoai Media will send you a copy of that notification. Unless you notify Thoai Media of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.

* Liability – You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Thoai Media, neither Thoai Media nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Thoai Media neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Thoai Media is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Thoai Media equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Thoai Media and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.

* You agree to be liable for any damages or loss of service which results in damages to Thoai Media as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements.

* You agree that in no event will Thoai Media have financial liability to you.

* Warranty – Thoai Media MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD Thoai Media ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Thoai Media OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.

* THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Thoai Media ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; Thoai Media DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. Thoai Media DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.

Billing

If more than 24 hours have passed from the date on which any invoice for the hosting services is issued to you and we have not received payment, we will suspend your account and ensure your data is safe. We may charge a 10% late fee as well. If in the following 6 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately. If, however, 6 days pass from the date on which your account is suspended and you have not made payment in full, Thoai Media will terminate your account, which means the respective service cannot be reactivated as all your data will be removed off of our servers.

Thoai Media may with or without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the Thoai Media web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.

Refunds are offered on a case by case basis. If we made an error or there is an issue with our service, we will always be the first to acknowledge it and grant a refund or appropriate compensation if requested.