n.b. By accepting this agreement, the Subscriber also agrees to the conditions set out in the Acceptable Use Policy (AUP).
definitions
`Company` refers to soupish.net. `Subscriber` refers to the customer (account holder). `User` refers to any person using the services provided by the Company via an account held with the Company, regardless of if they are also the Subscriber.
account monitoring policy
It is not the Company's policy to monitor or modify accounts, however if there is valid reason (including but not limited to: suspicion of conflict of this or any agreement, and/or overuse of resources), the Company reserves the right to temporarily block access to specific files, disable access to any or all services, suspend the Subscriber's account or terminate this agreement. While the Company will usually make reasonable effort to give notice of such events, this is not guaranteed.
If any Subscriber's account becomes the subject of an investigation by any official authority, the Company will not hesitate in disclosing all details we hold on Subscriber and their related account(s) to the relevant authority or authorities, including information on how to access said account(s). The Company is not required to inform the Subscriber of this action nor give the Subscriber any notice that their account(s) is the subject of investigation, if we are instructed not to. We do not condone illegal activity!
accounts and billing
All services are provided on the basis that relevant payment has been recieved by the Company from the Subscriber. By accepting this agreement, the Subscriber states that he/she understands all costs and fees that may be payable by him/her, and the outcome of non-payment (as set out below). The Company agrees that all price changes will be announced to all Subscribers with at least one month's notice. The Subscriber agrees to pay the new fees with no further agreement required, unless he/she cancels their account.
All services are pre-paid where possible. However by accepting this agreement, the Subscriber understands that soupish.net will not pay the Subscriber any sum of money under circumstances including but not limited to: under-use of resources, or cancellation of an account before the pre-paid period has expired.
In the event that the Subscriber uses more resources (namely data transfer) than were previously agreed, they shall owe the company £0.0025 for every MB that exceeds their account limit. This will usually be billed at the date of the next payment for that account, however the Company reserves the right to bill immediately, and/or suspend the account until the matter is resolved.
All disputes must be raised within 14 days of the disputed payment. All refunds will be given at the sole discretion of the Company. No refunds will be given more than 14 days past the disputed payment.
UNDER NO CIRCUMSTANCES WHATSOEVER MAY THE COMPANY BE LIABLE FOR, OR OWE THE SUBSCRIBER ANY AMOUNT GREATER THAN THE FEES FOR THE PREVIOUS MONTH!
liability
The Subscriber acknowledges that the services provided are of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Subscriber to the Company for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
support
soupish.net agrees to provide support, however this is STRICTLY limited to requests and queries directly related to the operation of the Subscriber's account, e.g. we do not offer help with HTML, PHP or CGI scripts etc, except where the issue is specifically related to the functioning of the Subscriber's account.
spam
soupish.net does not under any circumstances whatsoever tolerate SPAM (un-solicitied email) on our networks, regardless of scale or level of participation. If an account is found to have any part in creating, sending or relaying SPAM, or ANY other related activity or activities, soupish.net will immediately suspend the account and reserves the right to terminate this agreement without notice. Further, the Subscriber will be held responsible for all charges made by our suppliers or any other entity to soupish.net or the Subscriber in relation to the violation. Put simply, DO NOT USE OUR NETWORKS TO SPAM.
security
Users may not under any circumstances violate or attempt to violate the security of the soupish.net Network, our suppliers' Network(s), or any other Network(s). Violations of system or network security may result in civil or criminal liability. soupish.net will investigate occurrences, which may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
ownership
soupish.net remains the owner throughout the period of this agreement of all IP addresses, hardware, software licenses belonging to the Company and anything else provided by the Company for the use of the Subscriber during the period of this agreement. The Subcriber remains the owner of all data uploaded to his/her account, domain name(s) related to the account and all other property (intellectual or otherwise) provided by the Subscriber for his/her use with his/her account.
notification and suspension
Where possible, soupish.net agrees to attempt to provide the Subscriber with reasonable notice of any actions the Company is planning to carry out with regards to his/her account, unless otherwise stated in this agreement or the AUP, however failure to do so does not constitute a waiver of this agreement. Accounts in a suspended state are still subject to all normal charges regardless of whether notice was issued prior to their suspension. Upon suspension of any account, soupish.net will attempt to contact the Subscriber in an effort to resolve the issue, however if this is not possible it is NOT the responsibility of the Company, and the Company's contact details are clearly stated both on the suspension page and the soupish.net home page.
If there has been no communication after 20 days, soupish.net reserves the right to terminate this agreement at any time from that point onward. In such a situation, soupish.net will continue to attempt to recover all money owing to the Company.
indemification
soupish.net wishes to emphasize that in agreeing to the soupish.net Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies soupish.net for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to soupish.net or our suppliers, or the bringing of any claim against soupish/net or our suppliers by any third-party. This means that if soupish.net or our suppliers are sued because of a customer's activity, the customer will pay any damages awarded against soupish.net or releveant suppliers, plus all costs and legal fees.
responsibility
The Subscriber is responsible for the content of, as well as all use of his/her account by any user (obviously including the Subscriber). It is the Subscriber's responsibility to keep the details, especially password, of their account(s) completely secret for this reason. Violations of law, this TOS, the AUP, or any other conflict will be the direct responsibility of the account holder, regardless of the user, with absolutely no exception, except where the account was accessed through a direct and blatant lack of security by the Company.
provisions
The Subscriber is required to keep the Company informed of all changes of contact information as supplied in the sign-up procedure.