Acceptable Use

When using the Service provided by GiftBridge.com, defined below in Section 1.1, you agree to be bound by all of the following terms within this Agreement.

GiftBridge.com is a registered domain of Affinity Center International LLC and acts as one of the business centers for hosting providers of Affinity Center International LLC. GiftBridge.com reserves the right to alter, amend or modify any provision of this Acceptable Use Policy Agreement at any time with or without prior notice to you.

This Agreement is effective from your acceptance thereof, which is indicated by the establishment of your account. If you are a current GiftBridge.com client when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.

1. Service

1.1. GiftBridge.com provides Landing Page Hosting services, including, but not limited to, Disk space for File Storage; Access for uploading and modifying information to and from your assigned account.

1.2.All means of identification assigned to you by GiftBridge.com (including username and IP address) will remain the property of GiftBridge.com. GiftBridge.com reserves the right to alter or replace these forms of identification at any time.

1.3. GiftBridge.com makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. GiftBridge.com reserves the right to discontinue and/or change the Service or any of its features at any time with or without notice.

2. Registration Requirements

2.1. In consideration of the Use of the Service, outlined below in Section 3, Client certifies to GiftBridge.com that he/she is not a minor. By accepting this Agreement, you represent that you are at least 18 years of age. If you are a minor, we will need approval from the parent/guardians.

2.2.You agree to provide GiftBridge.com with accurate, complete and up-to-date billing information, including your legal name, electronic mail (e-mail) address, home address, and telephone number. All changes to this information must be reported to GiftBridge.com within 30 days of the change.

2.3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you close the account as specified in Section 10. If any information provided by you is inaccurate, not current or incomplete, giftbridge.com retains the right to suspend or terminate your account.

3. Use of the Service

3.1. You, and those you authorize, are the only individuals who are authorized to access the Service through your account. You must ensure that all authorized users on behalf of your account comply with this Agreement.

3.2. You are responsible for maintaining the confidentiality of passwords used by yourself or any authorized user for your account.

3.3. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects GiftBridge.com to liability; or is in any violation of the GiftBridge.com Terms of Service Agreement.

4. User Conduct

4.1. You agree to be solely responsible for the content of your transmissions through the Service. You acknowledge that GiftBridge.com simply acts as a passive conduit for the distribution and transmission of data.

4.2. You agree not to resell any part of the Service under your account including, but not limited to any form of identification assigned to your account except you have the authorization from GiftBridge.com.

4.3. You agree that your use of the Service is subject to all applicable local, state, national and international laws and regulations. Furthermore, you agree that you recognize that violation of any such laws, rules and regulations shall be cause for immediate termination, without notice, of your account at the sole discretion of GiftBridge.com.

5. Unacceptable Use of Service

5.1. Illegality in any form, including, but not limited to, activities such as unauthorized distribution or copying of copyrighted software; violation of Canada export restrictions; harassment; fraud; drug dealing; intentionally inflicting emotional distress; violating trademarks; copyrights; Privacy and other intellectual property rights.

5.2. We reserve the right to remove permission to access the Service if we suspect security violation attempts involving your account, whether directly deliberately caused by you or not.

5.3. Spamming, to send unsolicited commercial or non commercial email or newsgroup posts, from the server or involving your domain.

5.4. Mail bombing, sending of large files or emails to other users against the request of an Internet user, whether or not our servers are used.

5.5. Violations of system or network security is prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

5.6. The use of programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) on the server. High load Chat Room Scripts and Programs. All kind of Shell/SSH/Telnet access Scripts. High loaded Bulletin Board/Forums Systems including but not limited to: UBB - Ultimate Bulletin Board, YABB - Yet Another Bulletin Board.

5.7. Unacceptable site content, links, storage and/or distribution including, but not limited to, pirated software or programs which are intended or used for security violation purposes ("cracking software"); "Warez Sites"; "IRC Bots"; pornography; nudity; sexually explicit or offensive material; and defamatory, scandalous, or private information about a person without their consent.

5.8. Adult and "Rated X" Material, Site content or links including, but not limited to, pornography; nudity; sexually explicit or offensive material. Disturbing site content or links. Site content or links including threatening, defamatory, or scandalous language or information.

5.9. Background Running Programs,Background Daemons, including, but not limited to, IRC bots; eggdrop; BitchX(IRC Client); XiRCON; ShoutCast Plus IceCast; and any other program that interferes with normal server operation.

5.10. Illegal Activities including but not limited to:

5.10.1. Distributing information regarding the creation of or sending of Internet viruses; worms; Trojan horses; pinging; flooding; mailbombing; or denial of service attacks.

5.10.2. 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.

5.10.3. Accessing illegally or without authorization computers, accounts, or networks. Attempting to penetrate security measures of a system ("cracking").

5.10.4. Exporting encryption software over the Internet or otherwise, to points outside the United States or Canada.

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

5.10.6. 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).

5.10.7. Any activity including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes; pyramid schemes; fraudulently charging credit cards; and pirating software.

5.10.8. Engaging in activities, whether lawful or unlawful, that giftbridge.com determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.

5.11. Disclaimers found on the offending website will not protect the client account from being terminated if such site is in violation of this Agreement.

5.12. Failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.

ALL FORMS OF 'UNACCEPTABLE USE OF SERVICE' ARE STRICTLY FORBIDDEN. EVIDENCE OF SUCH MATERIAL WILL BE CAUSE FOR IMMEDIATE TERMINATION OF SERVICE. GIFTBRIDGE.COM ON BEHALF OF AFFINITY CENTER INTERNATIONAL WILL BE THE SOLE ARBITERS AS TO WHAT CONSTITUTES A VIOLATION OF THIS PROVISION. GIFTBRIDGE.COM WILL NOTIFY THE APPROPRIATE LAW ENFORCEMENT DEPARTMENT IF SUCH VIOLATION IS A CRIMINAL OFFENCE.

6. Fees

6.1. IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL INSTITUTION, giftbridge.com RESERVES THE RIGHT TO RE-BILL FOR THOSE CHARGES, REGARDLESS OF YOUR ACCOUNT STATUS.

6.2. GiftBridge.com may, at its sole discretion, charge a fee of US$25.00 or greater to reinstate a suspended account.

6.3. If you believe that GiftBridge.com has billed you in error, you must contact the Billing Department within 30 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges billed in error which are more than 30 days old. To contact the Billing Department, please leave an email to giftbridge@affinitycenter.com or use "contact us" link in GiftBridge.com.

6.4. Any site found to be in violation of the Acceptable use Policy or the details discussed in section 5 will be suspended and/or removed.

7. Disclaimer of Warranties

7.1. You assume full responsibility and risk for use of the Service by you and your authorized users. The Service is provided on an "as is" and "as available" basis. GiftBridge.com does not warrant that the Service will be uninterrupted or error-free. GiftBridge.com makes no express or implied warranties, representations or endorsements including, but not limited to, warranties of title, non-infringement or implied warranties of service or fitness for a particular purpose regarding all information or service provided through giftbridge.com. No advice or information given by giftbridge.com, its employees, affiliates or contractors shall create a warranty.

7.2. GiftBridge.com shall not be liable for any costs or damages arising directly or indirectly from use of the Service. It is solely your responsibility to evaluate the accuracy, quality, completeness, and usefulness of all opinions, advice, services, and other information provided through the Service.

7.3. GiftBridge.com will not be responsible for any kind of data lose including but not limited to hardware failure, hard drive crash, and/or server abuse.

8. User Remedies

8.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by closing your account by one of the methods outlined in Section 10.

8.2. Under no circumstances shall GiftBridge.com, its employees, affiliates or contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from any: use of your account or the Service or your inability to use the Service; your reliance on or use of information, services or merchandise provided on or through the Service or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

9. Indemnity You agree to defend, indemnify, and hold giftbridge.com and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access this Service through your account; the use of the Service or the Internet in general; and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.

10. Termination of Agreement

10.1. You may terminate this Agreement by using the methods outlined in Section 12 of this Agreement. Your termination will only be complete upon your receipt of a confirmation number from GiftBridge.com. You will receive this confirmation number either via United States Postal Service, Electronic Mail or both. Charges to your account will stop accruing the day you receive your confirmation notification.

10.2. Termination of the account will take up to 3 days to process.

10.3. GiftBridge.com may terminate this Agreement at any time without cause upon 30 days prior notice; or; immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement including, but not limited to, a breach of any obligation imposed under Sections 2, 3, 4, 5 or 6 or if you fail to pay any charges within 10 days of the date they accrue.

10.4. Upon termination of this Agreement, all rights granted to you or your authorized users under this Agreement shall immediately cease and terminate.

10.5. Termination from this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.

10.6. Sections 6, 7, 8, and 9 shall survive termination of this Agreement, GiftBridge.com retains the right to enforce these provisions regardless of account status.
 

This Agreement shall be governed by and construed in accordance with the laws of Missouri, USA, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Missouri, USA, with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and GiftBridge.com. The Terms of Service and Acceptable Usage Policy Agreement constitutes the entire Agreement between you and GiftBridge.com with respect to the Service.