II. ABOUT THE SERVICE
TinkerHost allows users to access a collection of resources, including communications tools, forums, shopping services, personalized content and branded messages via a network which may be accessed through any device capable of an internet connection.
Unless explicitly stated otherwise, all new features to the current Service shall be subject to the terms outlined in this document. You understand and agree that the Service is provided "as-is" and that TinkerHost assumes no responsibility for any aspect of user communications or personalization settings.
You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or data charges). You are responsible for those fees, including those fees associated with the display of advertisements. Advertisements can be removed by utilizing the TinkerHost+ service, or via browser add-ons. In addition, you must provide and are fully responsible for all equipment needed to access TinkerHost.
III. REGISTRATION AND RULES FOR USER CONDUCT AND USE OF THE SERVICE
If you are a user who signs up for the Service, you will create a personalized account which includes a unique email address and a password to access the Service and to receive messages from TinkerHost. You agree to notify us immediately of any unauthorized use of your password and/or account. We provide two factor authentication to further protect against illegal actions on your account. TinkerHost is not responsible for any liabilities, losses, or damages arising out of the unauthorized use of your email, password and/or account.
IV. USAGE RESTRICTIONS
You understand that all information that is uploaded or provided to TinkerHost (“Content”) via your account, including but not limited to data, text, software, music, photographs, graphics, and video, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, not TinkerHost, are entirely responsible for all Content that you upload, transmit, or otherwise make available via TinkerHost and our various partners.
TinkerHost does not control content published by users, and does not guarantee the accuracy, integrity, or quality of such published content. You understand that by using TinkerHost, you may be exposed to published content that is offensive, pornographic, indecent, or objectionable. Under no circumstances will TinkerHost be liable in any way for any published content, including, but not limited to, any errors or omissions in any published content, or any loss or damage of any kind incurred as a result of the use of any published content posted, emailed, transmitted or otherwise made available via the Service. If you encounter such published content, we ask that you report it for removal via the client area.
Your permission to use TinkerHost.net and our Services are conditioned upon the following use, posting and conduct restrictions. These restrictions apply for all posted and published content, whether that be your hosted account, or on our community forum.
You agree that you will not under any circumstances:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anouther's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm, exploit, or attempt to harm or exploit people in any way;
- impersonate any person or entity, including, but not limited to, the TinkerHost brand, a TinkerHost official or forum leader, or falsely state, or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; This includes linking to, embedding, hotlinking, or redirecting to any content or copyrighted files hosted on a 3rd party resource / server;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, accidentally or intentionally;
- upload, post, email, transmit or otherwise make available any material that is of broadcast or streaming types, including but not limited to live chat scripts (chat scripts hosted externally are allowed) or video streaming (video streaming hosted externally is allowed);
- upload, post, email, transmit or otherwise make available any material that is of keylogging, proxy service, irc, shell(s) of any type, or file sharing types;
- upload, post, email, transmit or otherwise make available any material that is of pornographic nature;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- upload, post, email, transmit or otherwise make available material for the purposes of file hosting or distribution, relay, or streaming reasons (except as defined above);
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth above;
- collect or harvest any personal data of any user of the Site or the Service;
- distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
- use the Service for any unlawful purpose or for the promotion of illegal activities;
- harassing, attempting to harass, abusing, attempting to abuse, harming, or attempting to harm, another person or group;
- use another user’s account without permission;
- provide false or inaccurate information when registering or updating an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to harvest or manipulate data;
- circumvent, disable or otherwise interfere with any features of the Service that prevent or restrict use, or enforce limitations on use of the Service or the content accessible via the Service;
- publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
V. DATA BACKUPS AND STORAGE
It is your sole responsibility as the account holder to maintain and keep backups of website and database data. We do not provide data restores from our archives, and do not restore a website or database to an earlier version. We also do not provide free backups or archives of your hosted data. We reserve the right to charge a fee of $14.99 USD if we are requested to create a backup on your behalf. We may choose to waive this fee under circumstances of our choosing.
TinkerHost does not store backups of hosted data, and is not, nor will be, responsible for data loss, corruption, backups, or other related operations or events.
VI. HOSTED DATA AND SCRIPTS TERMS
Scripts on your hosted site must be designed to produce web-based content, and not use the server as an application or API server. However, if you have a private API for producing web-based content only, this is fine. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server of all users. Sites must not contain scripts that attempt to access privileged server resources, or other sites hosted on the same server. Multimedia content such as audio and video is acceptable provided it is streamed to the user, links to download such content, however, are not allowed, you should use a third party media hosting service instead.
Examples of prohibited script and website types include (but are not limited to):
- Pornographic/adult content
- Proxy scripts
- Chat scripts
- Bitcoin / cryptocurrency faucet sites
- File sharing / file storage scripts
- Autolike scripts
- Hacking scripts / PHP shell scripts
- Phishing scripts
- Mass mail scripts
- Website scraping/crawling/downloading scripts
- Cracked or pirated content of any kind
- API Service
- Archives (.zip, .tar, .gz / .xz, .rar, etc.)
- Executable files (.exe, .msi, etc.)
VII. SUSPENSION AND TERMINATION OF ACCOUNTS
TinkerHost reserves the right to remove any published content from the Service at its sole discretion. You agree that TinkerHost has the right to determine whether your content is appropriate and complies with these Terms of Service, and you agree that TinkerHost has the ability to remove any or all of your content, and terminate your account with or without prior notice.
TinkerHost does not, and cannot reasonably pre-screen or monitor all Content uploaded to the Service. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service or with other Users of the Service, and suspend or terminate your account with or without prior notice. TinkerHost may not suspend accounts in violation of these terms immediately due to technical restrictions. Please report sites or accounts in violation of these terms via the form in the client area.
Creating more than three hosting accounts, or otherwise attempting to bypass any set limits within the Service will result in your account's permanent suspension without warning.
VIII. ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Service, are those of their respective authors, and should not necessarily be relied upon, nor are they the advice, statement, offer, or other content that reflects the beliefs of TinkerHost. Such authors are solely responsible for such content. Content found in violation of these terms should be reported for removal.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or Service, nor do we adopt, endorse, or are responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from any party’s reliance on information or other content posted on the Service, or transmitted to users.
The Service may provide, or third parties may provide, links to other web sites or resources. Because TinkerHost has no control over such sites and resources, you acknowledge and agree that TinkerHost is not responsible for the availability of such external sites or resources, and does not endorse, and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TinkerHost shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. TinkerHost recommends that you read and agree to the terms of service of such sites and resources before using them.
IX. INTERSTATE NATURE OF COMMUNICATIONS
When you use our service, you acknowledge that in electronic communications (including but not limited to email, information transactions that include but are not limited to uploading photos and files and other Internet activities), will be creating communications sent through our computer networks, and the networks of our partners, portions of which are located in the United States, the United Kingdom and abroad. As a result, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. By agreeing to this Terms of Service, you acknowledge that your use of the service results in interstate data transmissions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
X. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
We respect the intellectual property rights of others and require that our users do the same. We have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions. TinkerHost may terminate accounts at its own discretion.
If you are a copyright owner or an agent thereof, and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification by sending the following information to us via the “Report” link in the client area, or via email to email@example.com:
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an email address;
- A URL where such content can be found, or if multiple copyrighted works at a single online site are covered by a single notification, multiple URLs where the content can be found.
XI. INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensers retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. TinkerHost also owns all rights to our logo and name (Collectively our “Marks”) within the Site and user hosted Content, and cannot be used without TinkerHost’s express permission. Using TinkerHosts’s Marks without explicit permission on our Site or on user generated content (Including our forum), is grounds for permanent termination of your TimkerHost account.
Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Service.
XII. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, or exploit any part or portion of TinkerHost for any reason without express and explicit written permission.
XIII. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you consent to receive communications from us in an electronic form via the email address you have submitted and agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. This agreement does not affect any of your non-waivable rights.
In addition to the above, we may use your email address to send you other messages about the Site or Service, regaring the Service, or regarding your specific account. Our service provider, Byet Internet / iFastNet, may also send you electronic communications regarding status changes, offers, and important service updates. For more information about these messages, please refer to Byet Internet and iFastNet's terms and conditions, which are linked at the top of this document.
If you would like to opt-out of certain electronic communications, you can change your account settings or follow the "Unsubscribe" instructions located at the bottom of our emails. However, opting out will only prevent you from receiving the specific types of messages you opted out of. If you wish to completely stop receiving electronic communications from TinkerHost, Byet Internet, and iFastNet, you will need to close all hosting accounts and request deactivation of your client area account. Additional information about our privacy policies can be found on our respective websites.
XIV. WARRANTY DISCLAIMER
The service is provided “as is,” without warranty of any kind. Without limiting the foregoing, we expressly disclaim all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, we make no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
XV. LIMITATION OF DAMAGES; RELEASE
To the extent permitted by applicable law, in no event shall the Site, the Service, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from: (a) the use, disclosure, or display of your user content; (b) your use or inability to use the service; (c) the service generally or the software or systems that make the service available; or (d) any other interactions with use or with any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
XVII. GENERAL TERMS
You agree that any cause of action related to or arising out of your relationship with TinkerHost must commence within SIXTY (60) days after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Please report any violation of our terms of service to firstname.lastname@example.org, or by using the “Report” form located within your client area.