For sellers on Tradebit, this additional contract is binding:
Because some of you are too lazy to read through the whole thing, a few short words regarding copyright violation and warez: we do not want that stuff here!
PRIVACY MEANS NO PIRACY
We do not look into your files and data at any time, if we do not get complaints. But if we do, we will check, what you distribute and if it is illegal, your account will be deleted instantly without refunding. If the the copyright is in question, we will try 3 times to reach you to warn you upfront, but then your files are gone!
NO ADULT MATERIAL
Again: We do not look into your files and data at any time, if we do not get complaints. Do not sell or present adult material on tradebit! If we get complaints about adult material, we will cancel your account without refund.
You must be over 13 years old to use tradebit.com!
Payout email: Make sure it works
There has been a lot of misunderstanding with this in the past: please make sure your payout email is correct. You may change it ANY time in the member area. But if you forget we will not backtrack more than 4 weeks to verify if payments bounced or not. This is a time consuming process.
By signing up to this service, you agree to our reseller agreement. We will try our best to sell your downloads to the world and pay you as stated in the agreement or more often.
You must be over 13 years old to use tradebit.com!
Here are the complete terms:
Tradebit, Inc. is an American company from Delware which will be referred to as Tradebit throughout this contract. This Terms of Service is an agreement between Customer and Tradebit ("Agreement") and applies to Customer's account(s) with Tradebit. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. Customer agrees to periodically consult this website for changes or amendments to this Agreement. Tradebit may, but is under no obligation to, provide notices of any amendment, modification or update of this Agreement via e-mail to Customers. GENERAL PROVISIONS While using Services provided by Tradebit, you agree to the following terms and conditions. DEFINITIONS "We" "Us" "Provider" or "Tradebit" refers to URL-Services e.K.; and "You" "Your" "Client" or "Customer" refers to each person or entity who applies for internet service or is a designate of any one who applies for internet service with Tradebit. SERVICES PROVIDED BY Tradebit Tradebit will rent internet server space ("Services") to its customers for the purpose of allowing customers to provide HTTP internet content to the general public. The Services allow Tradebit customers to maintain internet websites, receive and maintain e-mail accounts, and access web space via FTP to upload files for their websites. Tradebit customers will use the provided Services in a manner consistent with all applicable Provincial and Federal laws. Tradebit will make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide Services. If any of the activities referenced below are committed, Tradebit may immediately terminate Customer's account(s) without notice. Tradebit will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this Agreement. CUSTOMER USE OF SERVICES Disk Space and Client Content: Tradebit offers up to 50 Gigabyte of space in our hosting package. We reserve the right to not host any website that consumes over 50 Gigabyte disk space. Each package has a 75,000 file limit. Accounts are to be used by the primary owner only. Account holders are not permitted to resell web-hosting services of their website to other parties. Client agrees that web pages and files uploaded to our servers will not violate any provincial, federal or foreign laws or regulations; infringe on any intellectual property rights of Tradebit or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Tradebit or any third party. Customers may not run IRC bots or clients. Unacceptable uses of our service also include: Bulk e-mailing, unsolicited e-mailings, newsgroup spamming, pornographic or adult content or links to adult websites, nudity, copyrighted MP3s, illegal content, copyright infringement, trademark infringement, warez, cracks, or software serial numbers. Tradebit will be the sole and final arbiter as to what constitutes a violation of this policy. Bandwidth Usage: Tradebit offers unlimited data transfer per month with no limit. We reserve the right to not host any website that consumes over 1 Terabyte per month, or will ask for additional money. Excessive Resource User Policy: Resources are defined as bandwidth and/or processor utilization. A website is considered to be using "Excessive amounts of resources" when it monopolizes the resources available by using 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, etc. A site that consumes over 1.5 GB/day or 30 GB/month of bandwidth is also considered to be using "excessive resources." This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the rights to suspend or terminate any hosting account that we feel is jeopardizing our network. Tradebit will be the sole and final arbiter as to what constitutes a violation of this policy. No "Spam": UCE/UBE or "Spam" originating from a Tradebit account, or an account associated with a Tradebit account, is not tolerated. This includes any e-mail that promotes web sites hosted on a Tradebit account but is sent from an e-mail address not associated with that Tradebit account. Client shall not use their Tradebit services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Tradebit reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $150 clean up fee if an account was suspended for policy violation. There is a 1000 e-mail limit that can be sent out within a 24 hour period. False Information: Client agrees not to post false or inaccurate information to news groups in violation of the news groups' rules and regulations. If any news groups or service providers contact Tradebit concerning unethical, false or unlawful activities by you, Tradebit reserves the right to terminate your service without notice. Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services. Back-Up Files: Tradebit will make every reasonable effort to protect and backup data for Client on a regular basis, however Tradebit does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is solely responsible for independent backup of data stored on Providers server and network. There is a one time fee of $100 for our Administrator to retrieve client's individual back-up files. Domain Name Registration: Tradebit uses Namecheap/ENOM for domain name registration under Select My Domain. There is a $25/year fee for new domain name registration ($40 for .ca). Domain names can be use or transferred to another registrar only if customers account is paid for with no balance. If customer has a balance, it must be settled before domain name is released. PAYMENT OBLIGATIONS, RENEWALS, AND CANCELLATIONS Payment Obligations: Full payment is required in advance (trial period is free), before hosting service is finally established. You grant Tradebit the right to debit the credit card or account you provided on the Order Form for services you signed up for, until such service is cancelled by you in writing or is cancelled by Tradebit according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that Tradebit may require) is accurate and truthful. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the renewal date, your account will be terminated. Once your account is terminated, you will need to pay for the set up fee and the monthly fees to reopen the account. There is a $15 fee for bounced cheque and a $25 processing fee for charge-backs. Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Tradebit fifteen (15) days before the renewal date that you do not wish to renew such account. Promotions are not included in renewals. Cancellation: You may cancel at anytime. If you cancel before the first 30 days, please refer to the details under "Limited 30-day Money Back Guarantee." If you cancel after the first 30 days from the opening of your account, no pre-paid charges will be refunded, you will be obligated to pay all fees and charges accrued prior to the effectiveness of the cancellation. If you cancel within the first 30 days Tradebit will refund to you the prepaid fees for basic hosting for the full months remaining after effectiveness of cancellation, less any prior fees and charges, and an early cancellation fee of $30 plus GST. Accounts that are terminated by Tradebit will not receive any refund. All cancellations must be received in writing as per the deadlines indicated; regular mail, e-mail and fax notifications are acceptable. Phone requests will not constitute acceptance of any cancellation. Cancellations will be processed by our staff every Monday. LIMITED 30-DAY MONEY BACK GUARANTEE If you are not completely satisfied with our services within the first 7 days from the opening of the account, you will be given a full refund on your hosting fee excluding $2 setup fees and any additional services. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable. Phone requests will not constitute acceptance of any cancellation. SERVER/NETWORK MAINTENANCE In the event a planned outage would be necessary, they will be performed between 8:00pm to 10:00pm EST. This does not mean there will be an outage at the specified time, and does not include unplanned outages if any should occur for reasons beyond Tradebit's control. DISCLAIMER OF WARRANTY You agree to use the Services and any information obtained through or from Tradebit at your own risk. You acknowledge and agree that Tradebit exercises no control over, and accepts no responsibility for, the content of information passing through Tradebit's host computers, network hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. Tradebit MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. Tradebit MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. Tradebit EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY Tradebit. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Tradebit PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement. Tradebit is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of Tradebit. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by Tradebit. LIMITATION OF LIABILITY You agree that Tradebit will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Tradebit at the time) which may exist in the Services or in Tradebit's equipment used to provide the Services. Under no circumstances will Tradebit be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. Tradebit will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Tradebit's records, programs, equipment or services. Notwithstanding anything to the contrary in this Agreement, Tradebit's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement. RIGHT TO REFUSE SERVICE At its sole discretion, Tradebit has the right to refuse any and all service or Services to any applicant, Customer, Client whether it be an individual or legal entity. INDEMNIFICATION Customer agrees to indemnify, defend and hold harmless Tradebit, its officers, directors, employees, shareholders and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer. The terms of this Section will survive any termination of this Agreement. FORCE MAJEURE Tradebit will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services. DISCLOSURE OF CUSTOMER INFORMATION AND LEGAL PROCESS Although Tradebit maintains strict confidentiality on Customer's information, there are certain exceptions in which Tradebit may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. Tradebit has no obligation to notify Customer about whom the information is sought or that Tradebit has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation. GOVERNING LAW; JURISDICTION; ARBITRATION This Agreement is governed by German law and both parties will submit to personal jurisdiction in Wiesbaden, Hessen, Germany. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, will be subject to the court appointed arbitration party. The place of arbitration will be Wiesbaden, Hessen, Germany or any other place selected by mutual agreement of the parties. An award rendered in connection with arbitration pursuant to this Section shall be final and binding upon the parties. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The terms of this Section will survive any termination of this Agreement. ASSIGNMENT Customer will not have the right to assign this Agreement without the prior written consent of Tradebit. ENTIRE AGREEMENT; SEVERABILITY This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect. Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the province of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.