TOS

While we here at NastyFukka, tend to take to the lighter side of life, we are required to deal with all the legal things in life: 

This is the Terms of Service / “Conditions”

Use of Services
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify NastyFukka of any unauthorized use of your account or any other breach of security. NastyFukka will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.

Acceptable Conduct
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using NastyFukka. You will not engage in any activity that interferes with or disrupts NastyFukka’s services or networks connected to NastyFukka.

Prohibited Usage
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that NastyFukka will impose fees; and/or pursue civil remedies without providing advance notice.

Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.

Spam and Unsolicited Bulk Email (UBE): NastyFukka has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of NastyFukka whether or not the message actually originated from our network.

Mailing Lists: NastyFukka’s mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.

Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.

NastyFukka and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. NastyFukka’s services may not be used to facilitate infringement of these laws in any way.

Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of NastyFukka or NastyFukka’s customers.

Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.

Invoicing and Payment
You agree that NastyFukka shall be permitted to charge you on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 30 days past due. Accounts that are not collectable by NastyFukka may be turned over to an outside collection agency for collection.

Subscriber is aware that NastyFukka may prospectively change the specified rates and charges from time to time.

NastyFukka is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by NastyFukka. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits are issued for unused services when customer retains any active service. Pro-rated refunds are issued if customer does not retain any active service and they are specifically requested via the cancellation form. All refunds are subject to a $5.00 service charge unless canceling within the 7 day money-back guarantee period.

Support Boundaries
NastyFukka, provides 24 x 7 technical support to our subscribers via our Support Ticket system. The following are our guidelines when providing support: NastyFukka provides support related to your services virtual server physically functioning. NastyFukka does not offer technical support for application specific issues such as application configuration, cgi programming, web or mail server configuration, or any other such issue unless otherwise explicitly stated. NastyFukka does not provide technical support to your customers.

Account Cancellation or Suspension
NastyFukka reserves the right to suspend network access to any customer if, in the judgment of the NastyFukka network administrators, the customer’s services is the source or target of a violation of any of the other terms of service or for any other reason which NastyFukka chooses. NastyFukka will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. NastyFukka reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.

If at any time it becomes necessary for NastyFukka to cancel a customer’s service without cause, NastyFukka will provide 30 days advance notice.

Limit of Liability
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, EMPLOYEES OR OUR SERVICE PROVIDERS (NastyFukka, PDX, et all) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, ANY CONTENT THEREON, OUR SERVICES OR THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) OR YOUR USE THEREOF, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF NastyFukka HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of NastyFukka and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that NastyFukka shall not be liable for any damages arising from such causes beyond the direct and exclusive control of NastyFukka. Subscriber further acknowledges that NastyFukka’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall NastyFukka be liable for any special or consequential damages, loss or injury. NastyFukka is not responsible for any damages your business may suffer. NastyFukka does not make implied or written warranties for any of our services. NastyFukka denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by NastyFukka.

Disclosure to Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that NastyFukka may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, NastyFukka shall have the right to terminate all service set forth in this Agreement.

 Indemnity
You agree to defend, indemnify and hold NastyFukka and any affiliated individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you or in connection with the use of the site or the Internet or the placement or transmission of any message, information, photographs or images on the sites by you or your violation of any law or the rights of a third party. NastyFukka wishes to emphasize that in agreeing to the NastyFukka Terms of Service, customer indemnifies NastyFukka for any violation of the Terms of Service that results in loss to NastyFukka or the bringing of any claim against NastyFukka by any third-party. This means that if NastyFukka is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against NastyFukka, plus all costs and reasonable attorney’s fees.

Notice
You agree that NastyFukka may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on NastyFukka services.

Entire Agreement
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and NastyFukka and govern your use of NastyFukka services, superceding any prior agreements between you and NastyFukka for the use of NastyFukka services.

Choice of Law and Forum
The Terms of Service and the relationship between you and NastyFukka shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and NastyFukka agree to submit to the personal and exclusive jurisdiction of the courts located within the county of King, Washington.

Waiver and Severability of Terms
The failure of NastyFukka to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of NastyFukka services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Identification
In certain circumstances, including with reference to explicit content, NastyFukka may request identifying documents including but not limited to a form Photo Identification to verify identity and/or age. You agree that failure to fully and promptly comply with such a request may result in the termination of services and/or access without notice or compensation.

You may contact NastyFukka via email at help@nastyfukka.com

 

TOS v1.6 last revision: 05/01/2013

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