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Terms of Service

 

Terms of Services

Revision date: October 31, 2010

  All services provided by HallowedCapriccio.Net ("HallowedCapriccio.Net") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless HallowedCapriccio.Net from any claims resulting from the use of service which damages the subscriber or any other party.

  Prohibited are sites that promote any illegal activity or present content that may be damaging to HallowedCapriccio.Net' servers, or any other server on the Internet. Links to such materials are also prohibited, along with other materials not specified and subject to our own discretion. 

 

Examples of unacceptable content or links:

pirated software

hacker programs or archives

Warez sites

pornography or other content intended to sexually stimulate the viewer in profile or comments

advertising/product sites not owned by the linker and not linked under the profile

 

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, HallowedCapriccio.Net WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

 

Refusal of Service

  We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of HallowedCapriccio.Net must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing

  By the Account Activation Date or Purchase Date, HallowedCapriccio.Net shall either:

(1) debit the client's PayPal (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, product or details to accessing product. HallowedCapriccio.Net shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a by-purchase basis. All credit cards are billed automatically on a by-purchase basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees (Commisions)

  Certain services carry a fee charged by HallowedCapriccio.Net to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to HallowedCapriccio.Net and agrees to pay any and all fees incurred by client. Because the services are provided on a one-time payment basis, the client will be responsible for service fees incurred each time, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy

  We do not refund cancelled contracts. No refunds are issued for commissions. In case of commission rules violations, any and all refunds are forfeit.

Account Deactivations

  Any account deactivated can be deactivated at the request of it's owner on on the sole discression of HallowedCapriccio.Net.

Commission Cancellation

We require 30 days notice for a cancellation.

Refusal of Service

  We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability

  HallowedCapriccio.Net shall not be responsible for any claimed damages, including incidental and consequential damages, resulting from material read or viewed on HallowedCapriccio.Net or it's servers.

Violations

  Violations of these Acceptable Use Policies should be referred to automatic@hallowedcapriccio.net. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

HallowedCapriccio.Net cannot be held liable for users accessing content.  Commission services provided by HallowedCapriccio.Net cannot be resold or used for commercial use without additional fees. Thus, certain equipment, routing, software and programming used by HallowedCapriccio.Net are not directly owned or written by HallowedCapriccio.Net. Moreover, HallowedCapriccio.Net holds no responsibility for the use of our clients' accounts, or for those who access HallowedCapriccio.Net. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as HallowedCapriccio.Net sees fit.

Account Activation

  By activating your account with HallowedCapriccio.Net, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given (In cases of canceled accounts ordering commissions.) We will, however, advise you by e-mail to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee

  Although HallowedCapriccio.Net has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades. HallowedCapriccio.Net reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Privacy Revision date: October 31, 2010

  HallowedCapriccio.Net has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site. Information Automatically Logged We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason. Order Forms Our site uses an order form for customers to request services. (128 bit encryption). We collect no sensitive information aside e-mail address which is used only for our purpose, not third party receives any type of information from us. Contact information from the order forms is used to get in touch with the customer when necessary. Billing information that is collected is used to bill the user for services. Unique identifiers are collected from Web site visitors to verify the user's identity. Demographic and profile data is also collected at our site. We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.

Security

  This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy. Third Parties Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC. Contacting the Web Site If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: automatic@hallowedcapriccio.net

Acceptable Use Policy Revision date: October 31, 2010

  As a provider of a web site, HallowedCapriccio.Net offers its customer (also known as "readers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. HallowedCapriccio.Net respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, HallowedCapriccio.Net reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, HallowedCapriccio.Net has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using HallowedCapriccio.Net' services. This AUP will be revised from time to time. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When readers obtain information through the Internet, they must keep in mind that HallowedCapriccio.Net cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the reader must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because HallowedCapriccio.Net cannot monitor or censor the Internet, and will not attempt to do so, HallowedCapriccio.Net cannot accept any responsibility for injury to its readers resulting from inaccurate, unsuitable, offensive or illegal Internet communications. When subscribers disseminate information from the Internet, they must keep in mind that HallowedCapriccio.Net does not review, edit, censor or take responsibility for any information its readers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over HallowedCapriccio.Net' network and may reach a large number of people, including both readers and non-readers of HallowedCapriccio.Net, readers' postings to the Internet may affect other readers and may affect HallowedCapriccio.Net' goodwill, business, reputation or operations.

For these reasons, readers violate HallowedCapriccio.Net policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming: Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward HallowedCapriccio.Net, but also because it can overload HallowedCapriccio.Net' network and disrupt service to HallowedCapriccio.Net' readers. When a complaint is received, HallowedCapriccio.Net will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore HallowedCapriccio.Net reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should HallowedCapriccio.Net choose to pursue and prosecute.

Audio/Video Streaming: Audio/Video Streaming is not hosting friendly. As such, HallowedCapriccio.Net does not allow any streaming of audio or video content to be posted by readers. Offending accounts will be suspended without noticed or terminated. 

Adult-Oriented Content: HallowedCapriccio.Net does not allow adult content and will suspend/terminate any offending account.

Large File Policy: HallowedCapriccio.Net is not for file hosting and distribution.

Obscene Speech or Materials: Using HallowedCapriccio.Net' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. HallowedCapriccio.Net is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language: Using HallowedCapriccio.Net' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks: 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"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, 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.

Facilitation a Violation of this AUP: Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations: Exporting encryption software over the Internet or otherwise, to points outside the United States.

Other Illegal Activities: Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities: Engaging in activities, whether lawful or unlawful, that HallowedCapriccio.Net determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations. As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the reader. HallowedCapriccio.Net will not, as an ordinary practice, monitor the communications of its readers to ensure that the comply with HallowedCapriccio.Net' policy or applicable law. However, when HallowedCapriccio.Net becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the site, or any other action deemed appropriate by HallowedCapriccio.Net. HallowedCapriccio.Net is also aware that many of its readers are themselves providers of Internet services, and that information reaching HallowedCapriccio.Net' facilities from those readers may have originated from a customer of the reader or from another third party. HallowedCapriccio.Net does not require its readers who offer Internet services to monitor or censor transmissions or web sites created by customers of its readers. HallowedCapriccio.Net reserves the right to directly take action against a customer of its readers. Also, HallowedCapriccio.Net may take action against the HallowedCapriccio.Net' reader because of activities of a customer of the reader, even though the action may affect other customers of the reader. Similarly, HallowedCapriccio.Net anticipates that readers who offer Internet services will cooperate with HallowedCapriccio.Net in any corrective or preventive action that HallowedCapriccio.Net deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of HallowedCapriccio.Net policy. HallowedCapriccio.Net will not intentionally monitor private electronic mail messages sent or receive by its readers, unless required to do so by law, governmental authority or when public safety is at stake. HallowedCapriccio.Net may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, HallowedCapriccio.Net may disclose information, including, but not limited to, information concerning a reader, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. HallowedCapriccio.Net assumes not obligation to inform the reader that reader information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, HallowedCapriccio.Net may disclose reader information or information transmitted over its network where necessary to protect HallowedCapriccio.Net and others from harm, or where such disclosure is necessary to the proper operation of the system. However, HallowedCapriccio.Net will never sell information to other services or outside companies. HallowedCapriccio.Net expects that its readers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A reader's failure to comply with those laws will violate HallowedCapriccio.Net policy. Finally, HallowedCapriccio.Net wishes to emphasize that, in accessing the site, readers indemnify HallowedCapriccio.Net for any violation of the Service Agreement, law or HallowedCapriccio.Net policy resulting in loss to HallowedCapriccio.Net or the bringing of any claim against HallowedCapriccio.Net by any third party. This means that, if HallowedCapriccio.Net is sued because of a reader's or customer's activity, the reader will be responsible for payment of any damages awarded against HallowedCapriccio.Net, plus costs and reasonable attorney's fees. We hope this AUP is helpful in clarifying the obligations of Internet users, including HallowedCapriccio.Net and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to automatic@hallowedcapriccio.net.

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