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Silky-Productions.com Terms of Service


PLEASE READ CAREFULLY BEFORE USING OUR SERVICES.


THIS ACCEPTABLE USE POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND SILKY-PRODUCTIONS, ("SILKY-PRODUCTIONS", "WE" OR "US") a provider of retail web hosting, e-mail, electronic commerce, and domain name services ("Services").

A. ACCEPTANCE


1. YOU AGREE TO REFRAIN FROM THE FOLLOWING EXAMPLES OF PROHIBITED CONDUCT;

2. IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT TO FORTUNECITY.COM INC. THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY; AND

3. IF YOU DO NOT AGREE TO ABIDE BY THIS POLICY PLEASE DO NOT USE OUR SERVICES.



B. PROHIBITED CONDUCT You will violate this Policy if you engage in the following examples of prohibited activities while using our Services:
1. Spamming i. Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming")
ii. Maintaining an open SMTP relay
2. Facilitating a Violation of this Policy i. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software 3. Infringing Intellectual Property Rights i. Engaging in any activity that:

1. infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities
2. violates privacy, publicity, or other personal rights of others 4. Obscene Speech or Materials i. Using SILKY-PRODUCTIONS Services to advertise, transmit, store, post, display, or otherwise make available child pornography.SILKY-PRODUCTIONS shall notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through SILKY-PRODUCTIONS Services 5. Promoting Violence or Injury a. Advocating, promoting or providing assistance in carrying out violence or any other unlawful activity against any persons, animals or any governments, businesses or other entities

b. Describing or displaying a weapon, or parts of weapons, or manuals for assembling any weapon, including but not limited to firearms, ammunition, explosives, grenades, bombs and caustic or other dangerous substances contrary to any laws.

c. Promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property contrary to any laws.

d. Defamatory or Abusive Language

e. Using SILKY-PRODUCTIONS Services as a means to transmit or post defamatory, harassing, abusive, or threatening language 6. Forging of Headers a. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message 7. Illegal or Unauthorized Access to Other Computers or Networks a. Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking")

b. Engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity) 8. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
a. Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks

b. Engaging in activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment 9. Export Control Violations a. Exporting encryption software over the Internet or otherwise, to points outside Canada or the United States 10. Illegal Activities a. Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software 11. Gambling a. Engaging in or promoting illegal gambling 12. Promoting Intoxicants a. Displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or illegal substance contrary to any laws 13. Instructing others in Prohibited Activities a. Providing instructions with respect to any activities listed in (a) through (n) above 14. Other Activities a. Engaging in any other activity, whether lawful or unlawful, that SILKY-PRODUCTIONS in its sole discretion determines to be harmful to customers, operations, reputation, goodwill, or customer relations.

C. CONSEQUENCES FOR ENGAGING IN PROHIBITED CONDUCT
In the event that you engage in any of the activities above, as determined by SILKY-PRODUCTIONS in its sole discretion, SILKY-PRODUCTIONS may immediately suspend or terminate access to the Services or terminate our TERMS OF SERVICE agreement with you and recover costs and expenses for any harm caused to the SILKY-PRODUCTIONS or its suppliers.

D. FEES, PAYMENTS AND BILLING POLICIES
1. As consideration for the services you have selected, you agree to pay us the applicable service fees. All fees payable hereunder are non-refundable except those fees covered by the "30 Day Money Back Guarantee". As further consideration for the Services, you agree to: a. Provide certain current, complete and accurate information about you as required by the registration process and

b. Maintain and update this information as needed to keep it current, complete and accurate. 2. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties as needed to maintain your services. By submitting to this Agreement, you represent that the statements you have made in are true and you will not use our Services for any unlawful purpose.

3. Fees and Payments a. All fees are payable in US Dollars. All payments are due on your account's Bill Day (See Section 17, "Billing Cycle", for more information).

b. The following credit cards are accepted: Visa, MasterCard & American Express. If you provide us with your credit or debit card information, you authorize SILKY-PRODUCTIONS to automatically charge the card listed in your account for any fees due on your account. Recurring fees will be charged to the credit or debit card number listed in your account until you cancel your account in accordance with our cancellation policy. All charges made to your credit card will be posted from "Web Services" on your credit card statements.

c. You are responsible for keeping updated credit or debit card information in your account. This includes but is not limited to credit card numbers, expiration dates, CVV2 numbers or billing address. 4. Billing Cycle a. Your "Bill Day" is the day of the month you created your first SILKY-PRODUCTIONS. Your account will be billed on this day every month, quarter or year, depending on the payment plan you have selected.

i. In the future, if you make another purchase on a day that is not your "Bill Day", you will be charged a prorated amount. On the "Bill Day" of the month following you purchase you will be billed the full amount for the billing cycle selected.

ii. Example:

iii. On June 2nd you made your first SILKY-PRODUCTIONS purchase, a domain name for $10. On July 17th you added an annual hosting account for $120.

iv. Your Bill Day is the 2nd of every month. You will be charged as follows:
1. June 2 - $ 10 Domain
2. July 17 - $ 5 Prorated annual hosting plan
3. August 2 - $120 Annual hosting plan
5. Cancellation Policy a. Services will automatically renew until a service is cancelled. If you do not wish to renew your Monthly, Quarterly or Annual Service agreement you must cancel your account by sending an email to our Customer Service department at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

b. A cancellation refers to the removal of user materials from our systems and the deactivation of services.

c. You will be required to pay any outstanding charges owed. Please be aware that there are no pro-rated refunds after the first 30 days of service regardless of billing cycle.

d. Domain Name Registrations CANNOT be cancelled. As the purchaser of the Domain Name you are the Domain Name's owner until the term of the Domain Name's registration has expired.

e. SILKY-PRODUCTIONS will not automatically cancel services for problems related to registrar transfers, non-usage, your ISP, or any other issues not directly related to SILKY-PRODUCTIONS services.

f. SILKY-PRODUCTIONS reserves the right to cancel any account at any time without notice, for any reason SILKY-PRODUCTIONS deems appropriate. 6. Billing Disputes and Bank Charge Backs a. All Bank Disputes and Bank Issued Charge Backs result in the complete cancellation of your account. All Bank Disputes and Charge Backs are reported to the issuer's Credit Agency.

b. If a Charge Back is made on domain name registration or renewal fees, you forfeit all ownership and administrator rights to the domain name(s).

c. In the event that a Charge Back was made in error, you will be required to pay a $40.00 reinstatement fee for each credit card charge back received by SILKY-PRODUCTIONS before your services and/or domain name will be reactivated. 7. 30 Day Money Back Guarantee a. Most services offered by SILKY-PRODUCTIONS carry a 30 Day Money Back Guarantee. If you are not completely satisfied with our services, you will receive a full refund during the first 30 days after the service was added.

b. The following fees do not qualify for the 30 Day Money Back Guarantee: domain name registrations, domain name renewals, file transfer (bandwidth) overage fees, and setup fees.

c. Termination of services due to abuse issues are not eligible for a refund. 8. Billing/Price Changes
a. FortuneCity reserves the right to change billing prices and policies at any time without notice.

E. Domain Name Registration 1. Click here to review our Domain Name Registration agreement. You must agree to these terms in order to use our services.
D 9. FRAUD Do you suspect fraudulent activity or transactions on your SILKY-PRODUCTIONS account? If so, please contact SILKY-PRODUCTIONS Billing department immediately at 00233-244-733144. Our billing specialist will promptly investigate and remedy your claim.
 
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