Terms of Service
Terms of Service:

This document was last updated and is effective this 31st day of August, 2009.

These Terms of Service are stated in reference to your hosting services agreement with us, Mango Ideas Incorporated (hereinafter, Mango Ideas), a duly incorporated company in the Province of British Columbia.  It is therefore considered a legally binding agreement between you, our client, and our company, Mango Ideas.  Please note that your services may be suspended or terminated, at our sole and exclusive option, for any violation of these Terms of Service.  Any inquiries regarding these Terms of Service should be directed to us via e-mail at legal@mangoideas.com.

Network/System Abuse

Any use of our network or services to engage in, promote, authorize, or acquiesce to illegal, abusive, or irresponsible behavior is strictly prohibited by these Terms of Service.  This includes, inter alia:

  • Any and all unauthorized access to or use of our data, systems or networks.  For purposes of clarification, this is meant to include any and all attempts to probe, test, scan or otherwise determine the vulnerability of any systems or networks (including our own), as well as any and all attempts to breach security authentication measures, whether passively or intrusively;
  • Interference with any user of our services, or interference with the user of any other network, including without limitation, mail bombing, denial of service attacks, exploits, and unauthorized commercial e-mail (e.g. spam);
  • Monitoring data or traffic on any network or system without the specific authorization of that network's or system's owner;
  • Use of an internet account or internet-connected computer or internet-connected device without the account, system, or device owner's specific authorization;
  • Obtaining or utilizing e-mail addresses, screen names, handles, or other identifiers ("identifiers") without the express consent of the owner of that identifier, including, without limitation, phishing, internet scamming, password hijacking, spidering and harvesting;
  • Obtaining or utilizing any personal information about an individual without that individual's consent;
  • Utilizing any misleading, false, or otherwise deceptive TCP/IP header information in e-mails and/or newsgroup postings;
  • Utilizing, distributing, or otherwise promoting software that covertly obtains information about a user, and/or covertly transmits information about that user;
  • Distributing any software that delivers advertisements, unless the user specific consents to the download and installation of such software after being presented with a clear and conspicuous notice indicating the nature of the software, and unless the software can be easily removed via standard tools for removing software (e.g. in Microsoft Windows, using the included "Ad/Remove Software" tool.);
  • Any conduct or behavior that is reasonably likely to result in retaliation against [SIMPLIFIED_NAME's] network, website, employees, officers, or other agents.  For purposes of clarification, this includes any conduct or behavior that may result in a denial of service attack (DoS) against our network, website, or any systems under our control.

Bulk or Commercial Email

All users of our systems are required to comply with the CAN-SPAM Act of 2003, and any other laws and regulations within all relevant jurisdictions which are applicable to bulk or commercial e-mail.  In addition to those requirements, we specifically require that any and all bulk or commercial e-mail must meet the following requirements, which apply to any e-mails sent using your Mango Ideas services, any e-mails sent from any other network by you or any person associated with you that refer to your site or an e-mail address hosted using your Mango Ideas services, and any third-party mail services you may utilize in connection with any site or service hosted on our platforms:

  1. All intended recipients of e-mail must have given their affirmative consent to receive such e-mails (i.e. they must have opted-in to receive such e-mails);
  2. The procedure(s) you utilize to obtain consent for such e-mails must also reasonably ensure that the person providing such consent is the actual owner of the e-mail address they have provided;
  3. Your opt-in procedure records each individual's consent, and such consent is recorded in a such a manner that you can promptly produce such records, within 72 hours upon our request.
  4. Your bulk or commercial e-mail procedures provide a reasonable means for recipients to revoke their consent to receive e-mail from you.  These include such things as a clearly-presented link in the body of the e-mail linking to a form to request removal, or a system that allows replies with the word "Remove" in the subject line to remove individuals from your e-mail list(s).  Any and all such requests for removal must be complied with within 48 hours, and you must notify recipients of your e-mails that removal requests will be honored within that time span.
  5. A complaints e-mail address such as abuse@yourdomain.com must be conspicuously presented on any website associated with the e-mail, must be presented on any bulk or commercial e-mails, must be registered at abuse.net, and must be actively monitored with all complaints promptly responded to.
  6. A privacy policy must be posted in a conspicuous place on any website associated with the e-mail.
  7. You must have the means to track any anonymous complaints about your e-mails;
  8. In addition to any other specific terms in relation to Network/System Abuse, you must not obscure the source of your e-mail in any manner whatsoever.  This includes ensuring that the receipient's e-mail address appears in the To: line of the e-mail.
  9. You must remove any e-mail addresses that have failed three consecutive delivery attempts.

In addition to the foregoing, we specifically reserve the right to test or otherwise monitor your compliance with these requirements.  We also reserve the right to block the transmission of any e-mails that violate these Terms of Service.  We further reserve the right, at our sole discretion and for any reason, to require customers to obtain advance approval from us to send or distribute bulk and/or commercial e-mail, and we may deny such approval if the customer cannot demonstrate their intended bulk and/or commercial e-mail practices comply with our Terms of Service.

Content on Our Systems

You are specifically prohibited from publishing, transmitting, storing, copying or otherwise utilizing content via our network or systems, as well as specifically prohibited from linking to content via our network or systems, if such content in any way:

  • Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sexual acts;
  • is excessively violent, or could be reasonably construed to incite violence, or threaten violence;
  • is or contains harassing content or hate speech;
  • is unfair or deceptive or otherwise in contravention of consumer protection laws in any relevant jurisdiction (for purposes of clarification, this is taken to include chain letters, pyramid schemes, and Ponzi schemes);
  • is of a defamatory or libelous nature against any individual or corporation;
  • is of a nature that it violates the privacy of any individual;
  • is of a nature that it could be reasonably deemed hazardous to the safety or health of any individual, or of the public;
  • is of a nature that would violate national security;
  • is of a nature that would interfere with investigation(s) by law enforcement;
  • is of a nature that it would improperly or illegal exposes trade secrets, or other confidential or proprietary information;
  • is of a nature that it would tend to or actively enable the defeat or infringement of any intellectual property protections, including technical protection, copyrights, trade or service marks, or other property rights;
  • promotes or encourages the use or distribution or sale or transport of any illegal drugs or illegal arms/weapons;
  • relates to illegal gambling;
  • is otherwise illegal or solicits illegal conduct in any relevant jurisdiction;
  • is otherwise malicious, fraudulent, or of such a nature that it could reasonably provoke or result in retaliation against our network or systems;
  • is copyrighted or patented, and you are not the owner, or are not expressly authorized by the owner, or are not permitted by established copyright law to utilize that content. For purposes of clarification, copyrighted or patented content includes but is not limited to any text, music, software, art, image, or other work.

Your Conduct on Other Networks

Your must comply with any and all rules for postings to any forum, bulletin board, chat group, or other online venue in which you participate, including but not limited to chat systems such as IRC and newsgroups, if such use is in any way associated with your services on this network.  For purposes of clarification, this association would include linking to sites hosted on our network and/or systems, receiving e-mails via domains you host on our systems, or utilizing applications to access such services when those applications utilize our network and/or systems.

Miscellaneous Provisions

The following additional provisions apply:

  1. At all times, you must ensure accurate and current information on file with your domain registrar for every domain hosted on our network or systems.
  2. You may only utilize IP addresses we have assigned to you in connection with your services with us.
  3. You agree we may quarantine, delete, or otherwise contain data that is or is infected by a virus, if that data has the potential to affect, corrupt, or infect any other customer's data on our network and/or systems.
  4. Any listings of assigned IP addresses in recognized IP address abuse databases (such as Spamhaus) will be deemed a violation on your part of these Terms of Service.
  5. No credits or refunds will be provided under any service level agreements for interruptions of service that result by your violation of these Terms of Service.
  6. We reserve the right to modify these Terms of Service at any time, as long as we provide you with reasonable notice of such changes.

Term and Payment for Services

Term: This Agreement will be for an initial "Term" of one (1) month from the date the Services are first provided by Mango Ideas. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term or any Renewal Term for a period of one (1) month unless you provide Mango Ideas with written notice of termination at least seven days (7) before the end of the Initial Term or Renewal Term (also referred to interchangeably and collectively as "Term"), whichever is then applicable. To provide your notice of termination, you must submit a billing request at https://my.gsid.net and fill out the corresponding cancellation form to initiate the cancellation of your service. In the event of a service failure within the my.gsid.net system, you may also submit your cancellation via facsimile to the number shown for Mango Ideas below under "Notices". All services will be delivered to the customer within seven business days (7) of account verification.


Termination

This Agreement may be terminated: (i) by you or Mango Ideas during any Renewal Term, without cause, by giving the other party no less than 7 days prior written notice; (ii) by Mango Ideas in the event of nonpayment by you as provided in the section below or (iii) by Mango Ideas, at any time, without notice, if, in Mango Ideas sole judgment, you are in violation of any terms or conditions of the AUP. If you terminate this Agreement, or if Mango Ideas terminates this Agreement for your breach, before the end of the Initial Term or the Renewal Term, whichever is then applicable, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the Term and any other amounts you owe to Mango Ideas under this Agreement. In no event will Mango Ideas be liable for any damages resulting from termination or suspension of your services, with or without notice.


Charges

You will pay all charges for your use of the Services at the then current Mango Ideas prices for that category of service or any special offer applicable to your account as determined by Mango Ideas. You are responsible for paying all federal, state, and local sales, use, value added, import/export, excise duty and any other taxes assessed with respect to the Services, other than taxes based on Mango Ideas net income. You are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney's fees of Mango Ideas. MANGO IDEAS DOES NOT ACCEPT ANY ANALOG PAYMENTS. ALL PAYMENTS MUST BE MADE VIA ELECTRONIC MEANS AND AS PREAPPROVED BY MANGO IDEAS.


Payment and Fees

You will pay all charges for the first month of service in advance on the first day of the Initial Term. Establishment of this service is contingent upon receipt of payment from you to Mango Ideas. You will pay all subsequent charges for Services in advance on the anniversary day of each month. You authorize Mango Ideas to charge your credit or debit card, paypal account, or other electronic draft mechanism as approved by Mango Ideas, to pay for any charges that may apply to your account. You must notify Mango Ideas of any changes to your card account including applicable account number, billing address, registered phone number, or cancellation or expiration of the account. Your failure to fully pay any fees and taxes within 72 hours from the applicable due date is a material breach of this Agreement, justifying Mango Ideas to suspend its performance and terminate this Agreement. If Mango Ideas terminates for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term, if any, and any other amounts you owe to Mango Ideas under this Agreement. You are responsible for any costs that Mango Ideas incurs in enforcing collection, including reasonable attorneys' fees, court costs and collection agency fees.


Refund and Disputes

ALL PAYMENTS TO MANGO IDEAS ARE NONREFUNDABLE. This includes any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time that the dispute occurred. If you dispute a charge to your credit card Mango Ideas may, at it's sole discretion, terminate all services associated with your account, however, this will not relieve you of your obligations under this agreement.


Failure to Pay

The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. In the event of a material breech of this agreement due to non- or late payment of your services, all data, files, logs, and other information on or associated with your service will be, at Mango Ideas' sole discretion, deleted or otherwise destroyed. In no event will Mango Ideas be liable for preservation of data subsequent to you breeching this agreement.

Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200.00 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Mango Ideas will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than Fifty ($50.00) nor more than One Hundred, Fifty ($150.00)