ACCEPTANCE OF TERMS
Your access to and use of scribestream.com (the "Website") and any Services referred
use the Website/Services for any purpose that is unlawful or prohibited by these
TOU. By using the Website/Services you are fully accepting the terms, conditions
and disclaimers contained in this notice. If you do not accept these TOU you must
immediately stop using the Website/Services.
We reserve the right to update or amend these TOU at any time and your continued
use of the Website/Services following any changes shall be deemed to be your acceptance
of such change. It is therefore your responsibility to check the TOU regularly for
at the bottom of our web pages.
The Website may provide a variety of resources such as e-mail, forums, downloads,
tools, and product information (collectively "Services") designed to assist you
and to enable you to communicate with us and/or other visitors to the Website. Unless
stated otherwise the Services are for your personal and non-commercial use only.
USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to
complete the registration process by providing certain information and registering
a username and password for use with that Service.
You are responsible for maintaining the confidentiality of the username and password
and also for all activities which take place under your account. You agree to immediately
notify us of any unauthorised use of your password or account or any other breach
In no event will the Website be liable for any indirect or consequential loss or
damage whatsoever resulting from the disclosure of your username and/or password.
You may not use another persons account at any time, without the express permission
of the account holder and ScribeStream Hosting.
You acknowledge that all information, text, graphics, logos, photographs, images,
moving images, sound, illustrations and other materials ("the Content"), whether
posted publicly or transmitted privately, are the sole responsibility of the person
from whom such Content originated. We do not control or endorse the Content and
cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge
that by using the Services you may be exposed to Content that is offensive and/or
indecent. The Website will not be liable in any way for any Content or for any loss
or damage of any kind resulting from the use of any Content transmitted via the
Services and you agree to bear all risks associated with the use of any Content,
including any reliance on the accuracy or completeness of such Content.
In using the Website/Services you agree not to:
- use the Services to send junk email, spam, chain letters, pyramid schemes or any
other unsolicited messages, commercial or otherwise;
- post, publish, distribute or disseminate material or information that is defamatory,
infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
- post, publish, distribute or disseminate material or information that incites discrimination,
hate or violence towards any person or group on account of their race, religion,
disability, nationality or otherwise;
- threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including
rights of privacy and publicity) of others;
- use any information or material in any manner that infringes any copyright, trademark,
patent or other proprietary right of any party;
- make available or upload files that contain a virus, worm, trojan or corrupt data
that may damage the operation of the computer or property of another;
- impersonate any person or entity for the purpose of misleading others;
- violate any applicable laws or regulations;
- use the Website/Services in any manner that could damage, disable, overburden or
impair the Website/Services or interfere with any other party's use and enjoyment
of the Website/Services;
- post, publish, distribute or disseminate material or information that you do not
have a right to transmit under any law or under contractual or fiduciary relationships
(such as inside information or confidential information disclosed in the course
of employment or under a confidentiality agreement);
- attempt to gain unauthorised access to any of the Services, other accounts, computer
systems or networks connected to the Website/Services through hacking, password
mining or any other means
We have no obligation to monitor the Services but shall be entitled to review materials
posted to a communications facility and, at our sole discretion, to remove any material
that breaches these TOU or is otherwise objectionable.
We have the right to terminate your access to any or all of the Services at any
time, without notice, for any reason, including without limitation, breach of these
TOU. We may also at any time, at our sole discretion, discontinue the Website/Services
or any part thereof without prior notice and you agree that we shall not be liable
to you or any third party for any termination of your access to the Website/Services.
MONEY BACK GUARANTEE
If for any reason you wish to cancel your account within the first 15 days of setting
up the account with us, we will issue a refund (minus an administrative fee of $49)
with no questions asked. To request a refund you will need to submit Cancellation
request from the billing portal.
Please note that Domain names, Domain transfers, SSL Certificates, Additional domains,
Additional Databases, Dedicated application pools and/or any of the hosting addons
Also, there will be no pro-rated refunds issued after 15 days of service. Accounts
that are terminated due to violation of ScribeStream Hosting's Terms and conditions
will not be eligible for any kind of refund. Additionally, accounts with any pending
dues or overusages will not be eligible for any refunds.
An administrative (processing fee) of $49 will be deducted from the refund.
LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled
and maintained by others. Any link to other websites is not an endorsement of such
websites and you acknowledge and agree that the Website is not responsible for the
content or availability of any such sites. If you are unhappy with the content of
a website that the Website links to please contact that website directly.
The subscriber is responsible for keeping a complete and current copy of their website
files as a backup on a remote system (not solely on ScribeStream Hosting servers).
ScribeStream Hosting is NOT RESPONSIBLE for any lost files, information or data.
Although ScribeStream Hosting backups may include subscriber sites and information
for disaster recovery purposes, these backups are not to be relied on by the subscriber.
ScribeStream Hosting does not guarantee to possess the most current copy of a subscriber's
website in its own backups. In the event of accidently deleting the data, ScribeStream
Hosting may be providing you with the files from the back up at an additional charge.
You agree to comply with all applicable laws regarding the transmission of technical
data exported from the U.S.A. or the country in which you reside (if different)
and with all local laws and rules regarding acceptable use of and conduct on the
INTELLECTUAL PROPERTY RIGHTS
The Website and its content (including without limitation the Website design, text,
graphics and all software and source codes connected with the Website and the Services)
are protected by copyright, trade marks, patents and other intellectual property
rights and laws. In accessing the Website you agree that you will access the contents
solely for your personal, non-commercial use. None of the content may be downloaded,
copied, reproduced, transmitted, stored, sold or distributed without the prior written
consent of the copyright holder. This excludes the downloading, copying and/or printing
of pages of the Website for personal, non-commercial home use only.
The Website does not claim ownership of any materials you post, upload or submit
to any publicly accessible area of the Services. However, by doing so you are granting
us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit,
reproduce, publicly display, edit, translate or publish such Content for as long
as you elect to display such Content via the Services. The licence shall be terminated
when such Content is deleted from the Services.
You agree to indemnify and hold the Website harmless from and against any breach
by you of these TOU and any claim or demand brought against the Website by any third
party arising out of your use of the Services and/or any Content submitted, posted
or transmitted through the Services, including without limitation, all claims, actions,
proceedings, losses, liabilities, damages, costs, expenses (including reasonable
legal costs and expenses) howsoever suffered or incurred by the Website in consequence
of your breach of these TOU.
DISCLAIMERS AND LIMITATION OF LIABILITY
Use of the Website/Services is at your own risk. The Website/Services are provided
on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement
made and without warranty of any kind whether express or implied, including but
not limited to the implied warranties of satisfactory quality, fitness for a particular
purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, the Website will not be liable for any indirect
or consequential loss or damage whatsoever (including without limitation loss of
business, opportunity, data, profits) arising out of or in connection with the use
of the Website/Services.
The Website makes no warranty that the Website/Services will meet your requirements,
that Content will be accurate or reliable, that the functionality of the Website/Services
will be uninterrupted or error free, that defects will be corrected or that the
Website/Services or the server that makes them available are free of viruses or
anything else which may be harmful or destructive.
Nothing in these TOU shall be construed so as to exclude or limit the liability
of the Website for death or personal injury as a result of the negligence of the
Nothing in these TOU shall affect your statutory rights as a consumer.
If any of these TOU should be determined to be invalid, illegal or unenforceable
for any reason by any court of competent jurisdiction then such Term or Condition
shall be severed and the remaining TOU shall survive and remain in full force and
effect and continue to be binding and enforceable.
These TOU shall be governed by and construed in accordance with the laws of the
State of Arizona, U.S.A. and you hereby submit to the exclusive jurisdiction of
the Maricopa County courts.