Terms of Service and Privacy Policy
OVERVIEW
This website is operated by “360teem IT Solution™“. Throughout the site, the terms “we”, “us” and “our” refer to 360teem IT Solution™. 360teem IT Solution™ offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred un-encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall 360teem IT Solution, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless 360teem IT Solution and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of House# 1041/3 {5th Floor}, East Shewrapara, Kafrul,, Mirpur, C, 1216, Bangladesh.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
360teem IT Solution™ may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the 360teem IT Solution™ website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – COOKIES
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year. If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed. If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
COOKIE NOTICE
This Cookie Notice describes how and why we use cookies and other similar technologies in the course of our business through websites, products and services (collectively, our “Websites”) and apps. It also explains your rights to control our use of these tracking technologies. For additional information about our privacy practices, please review our Privacy Notice.
Cookies are managed on a brand-by-brand basis at the Website level. This means if you manage your cookie preferences for one our brand, you will need to manage your preferences separately when you visit the Website of a different our brand.
If you visit our Websites from the United Kingdom, European Union or the European Economic Area, only required cookies, as described below, will be used on our Websites by default.
WHAT ARE COOKIES AND OTHER TRACKING TECHNOLOGIES?
Cookies. Cookies are small data files placed on your computer or other internet-enabled devices that enable our features and functionality. They allow us to record information when you visit or interact with our Websites. You can find more information about cookies at All About Cookies www.allaboutcookies.org.
Pixels. Pixels are small portions of code that we use as part of our Websites. We use pixels to learn whether you have clicked on certain web content. This helps us measure and improve our services and personalize your experience.
Web beacons. Web beacons are invisible picture files that we use as part of our Websites. We use web beacons to see how you interact with our services and to understand how often you view certain content so that we can make our Website more efficient and easier to use.
HOW DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
We use cookies, web beacons, pixels, tags, scripts and other similar tracking technologies to make our Websites easier to use and to better tailor them to your interests and needs. We use the information we obtain from cookies and other tracking technologies to carry out profiling activities in order to learn more about you and offer you tailored advertising based on your behavior on our Websites. Some technologies may also be placed by third party advertisers. We also use these technologies to compile information that allows us to better understand our customers and visitors.
WHAT KINDS OF COOKIES AND TRACKING TECHNOLOGIES DO WE USE?
PERSISTENT AND SESSION COOKIES
Cookies can remain on your device for different periods of time. We use two types of cookies:
- Persistent cookies are cookies that help us recognize you. They are stored on your device in between browser sessions, allowing us to remember your preferences and actions across multiple sites and on multiple visits.
- Session cookies expire at the end of your browser session, allowing us to link your actions during a particular browsing session.
FIRST PARTY AND THIRD PARTY COOKIES
There are two broad categories of cookies:
- Cookies set directly by us, as a first party, to your device.
- Cookies set by third parties with our permission to your device.
We allow third parties to set cookies on our Websites. Third parties may use cookies, web beacons, pixels, tags, scripts and other similar tracking technologies to enable the third party’s features or functionalities to be provided through the Website you are using. The third party setting these cookies can recognize your device both when it visits our Website and when it visits certain other websites or services. For example, our paid endorsers, or affiliates, may use third party cookies to identify you as a referral so they can be compensated if you sign up for services from us as a result of visiting one of our paid endorsers. In the same way, third party vendors such as Google may use cookies or other device identifiers to provide you with targeted advertisements based on your past visits to our Website.
CROSS-DEVICE TRACKING
We perform cross-device tracking which allows us to provide you with relevant advertising on multiple devices. By identifying browsing activity on your smartphones, tablets, desktop computers and other devices connected to the same IP address, or logged into the same account, we better understand the products and services that might be of interest to you.
LOCAL STORAGE OBJECTS
We also use Local Storage Objects, such as HTML5, to optimize screen presentation, video and other preference information.
GOOGLE, ADOBE AND OTHER ANALYTICS
We use Google Analytics, Adobe Analytics and other analytics as tools to help us understand how users engage with our Websites. Like many services, they use first party cookies to track user interactions with websites. In our case, they are used to collect information about how users use our Websites. This information is used to compile reports and to help us improve our Websites. The reports disclose Website trends without identifying individual visitors.
You can opt out of Google’s use of cookies or device identifiers without affecting how you visit or use our Website. For more information on opting out of Google’s use of cookies across all websites you use, visit this Google page: https://adssettings.google.com/authenticated. To provide you with more choice on how your data is collected by Google Analytics, Google has developed an opt-out browser add-on, which is available at https://tools.google.com/dlpage/gaoptout and enables you to opt out of being tracked by Google Analytics.
WHY DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
We use the following types of cookies for the reasons described below. These cookies may be set by us or a third party service provider to perform the functions described below:
- Required: These cookies and tracking technologies are required to help our Websites work correctly or required to comply with the law (e.g., security requirements of data protection law). For example, these cookies allow you to navigate our Websites and use essential features, including secure areas and shopping baskets. We do not need to obtain your consent in order to use these cookies.
- Analytics: These cookies and tracking technologies help us understand how customers and visitors interact with our Websites. They provide us with information about areas of our Websites visited, time spent on our Websites, transactions performed, and any error messages you receive. These cookies allow us to improve the performance of our Websites. They may collect your IP address but only for the purpose of identifying general locations of visitors and identifying fraudulent or spam traffic.
- Advertising: These cookies and tracking technologies allow us to deliver content, including advertisements, relevant to your specific interests. This content may be delivered on our Websites or on third party websites or services. They allow us to understand and improve the relevancy of our advertisements. They may track personal information, including your IP address.
- Functional: These cookies and tracking technologies allow our Websites to remember choices you make to give you better functionality and a personalized experience. For example, when you select a specific currency on one of our Websites, we will remember your currency selection when you return.
HOW CAN I CONTROL COOKIES AND OTHER TRACKING TECHNOLOGIES?
If you visit our Websites from the United Kingdom, European Union or the European Economic Area, only required cookies, as described above, will be used on our Websites by default. When you visit our Websites from outside the United Kingdom and Europe, all cookies and similar tracking technologies described above will be used by default. If you would prefer not to receive personalized ads based on your browser or device usage, you may generally express your opt-out preference to no longer receive tailored advertisements. Please note that you will continue to see advertisements, but they will no longer be tailored to your interests.
Cookies are managed on a brand-by-brand basis at the website level. This means if you manage your cookie preferences for one our brand, you will need to manage your preferences separately when you visit the Website of a different our brand.
If you opt out of receiving certain cookies from us, your web browser will be associated with a generic “opt-out” cookie, which will prevent us from associating any non-personal information with your browser. Since this program is cookie-based, you may need to opt out again if you do any of the following:
- Delete your cookies
- Block cookies, including third party cookies
- Switch internet browsers
- Change computers
- Upgrade your web browser
Internet browsers allow you to change your cookie settings via the “options” or “preferences” menu in your browser. Please note that if you set your browser to refuse or block all cookies, certain features or functionalities of our Websites will be limited or unavailable to you. For more information on how to manage your browser settings, please see below:
- Cookie settings in Internet Explorer
- Cookie settings in Edge
- Cookie settings in Firefox
- Cookie settings in Chrome
- Cookie settings in Safari
Some internet browsers include the ability to transmit “do not track” signals. Because no industry standard has yet been developed with respect to “do not track,” our Websites do not currently process or respond to such “do not track” signals.
Some internet browsers may offer their own management tools for removing HTML5 and other Local Storage Objects.
CHANGES TO THIS COOKIES POLICY
We will update this Cookie Notice to reflect changes in our practices and services. When we post changes to this Cookie Notice, we will revise the “Modified” date at the top of this Cookie Notice. We recommend that you check this page from time to time to inform yourself of any changes in this Cookie Notice.
SECTION 21 - PRIVACY NOTICE
INFORMATION COVERED BY THIS PRIVACY NOTICE
This Privacy Notice, which may also be referred to as a “privacy policy” on some of our websites, covers personal information, including any information we collect, use and share from you, as described further below. This Privacy Notice applies to all our websites, emails, platforms, brands, products, services and mobile applications (collectively, the “Services”). This Privacy Notice does not cover how our Users may use or share data that they collect using our Services.
When you purchase a Service from us, your personal information will be collected, used and shared consistent with the provisions of this Privacy Notice. In addition, the following addendums related to particular Services offered by us or individuals in certain locations also apply to your purchase or use of those Services. These addendums are a part of this Privacy Notice:
Addendum for Particular Services
- Addendum for Users who purchased Services from Ecomdash
- Addendum for Users who purchased Domain Registration Services
Addendum for Certain Geographies
- Addendum for Users in Brazil
- Addendum for Users in California
- Addendum for Users in the European Union and Switzerland
- Addendum for Users in the United Kingdom
INFORMATION WE COLLECT FROM YOU
In the course of your use of the Services, we obtain the following information about you as described below. We collect this data for the purposes described under “How We Use Your Information”.
INFORMATION YOU VOLUNTARILY PROVIDE TO US
We collect the following information from you when you provide it to us:
- Information you provide prior to any registration process, such as your email when you provide it to us.
- Information that you provide during any registration process, including in connection with a co-branded offer (such as your name, company name, email address, phone number, billing address or credit card information, geographic location and industry).
- Information and content provided to or acquired by support, including but not limited to information and content provided or acquired through email, phone calls or screen sharing services.
- Information you provide, when you call or email us (for support or otherwise) or when you use our products or Services.
- Payment information, including credit card data and billing address that you provide to us (by way of our Services or otherwise) when you purchase some of our Services.
INFORMATION WE COLLECT ABOUT YOUR USAGE AND DEVICES
We collect data relating to your online activity on our websites, including the following:
- Your IP address, browser type and version, geographic location and operating system version.
- Any device or other method of communication you use to interact with our Services including device identifiers.
- How you got to our Services and any links you click on to leave.
- Pages you view including your interactions with any videos we offer.
- When you update your information, communicate with us or order new Services.
- Metadata about your use of our Services and emails we send to you (including clicks and opens).
- Metadata about how your customers, contacts and users interact with the Services we provide you.
- Issues you encounter requiring our support or assistance.
We store the data we collect in a variety of places within our infrastructure, including system log files, back-end databases and analytics systems.
INFORMATION WE ACQUIRE FROM SOCIAL MEDIA
- We collect information from third party social networking sites, including information that they provide to us if you use your credentials at such social networking sites to log into some of our Services (such as your name, social media account name and email address to pre-populate our sign-up form).
- The information you allow us to access varies by social networking site, and depends on the level of privacy settings you have in place at the social networking site. You can control and find out more about these privacy settings at the applicable social networking site.
INFORMATION WE ACQUIRE FROM OTHER SOURCES
We also collect the following information from other sources:
- Information you provide to us at seminars or to our partners.
- Information you provide to us in surveys.
- Information that is publicly available.
- Information you consent to us receiving from third parties.
We may collect and store demographic information (such as your zip code, gender, date of birth, and/or age), and use this data to tailor your experience on our websites, ensure you are at least 18 years of age to make purchases, provide content that we think you might be interested in, perform general improvements to the websites, and display the content according to your preferences. Such demographic information may be shared with partners, market researchers and other third parties on an aggregate and non-personally identifiable basis. No personally identifiable information will be linked to such aggregated demographic information that is shared with third parties.
We also collect information that you may provide during your telephone conversations with us, which we may monitor or record.
We may combine any information we collect about you with other information we have about you to help us update, expand and analyze our records, identify new customers, and provide products and services that may be of interest to you. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.
HOW WE USE YOUR INFORMATION
We use the information we collect, both on its own and combined with any other information we collect about you, for the following business and commercial purposes:
- To provide the requested Services to you.
- To provide you with useful content.
- To ensure the proper functioning of our Services.
- To offer and improve our Services.
- To provide you with requested information or technical support.
- To facilitate your movement through our websites or your use of our Services.
- To do a better job of advertising and marketing our Services (subject to your consent where required by applicable law).
- To advertise and market third party products and services (subject to your consent where required by applicable law).
- To diagnose problems with our servers or our Services.
- In connection with our security and compliance programs.
- To administer our websites.
- To communicate with you.
- To create directories (only when you explicitly ask to be included).
- To bill for Services.
- To target current or prospective customers with our products or Services through online advertisements served on third-party sites by third-party vendors, such as Google (subject to your consent where required by applicable law).
- To assist us in offering you a personalized experience or otherwise tailor our Services to you.
- As otherwise described in this Privacy Notice.
We also use the information we receive to produce reports on trends and statistics, such as mobile search trends, email open rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our websites or evaluated or purchased our products or Services.
Payment information that you provide to us, including credit card data, will only be used to facilitate payment for the Services.
We also use recorded telephone conversations for quality control purposes, to train our employees and for our own protection.
SHARING OF INFORMATION
We share your personal information according to this Privacy Notice, with your consent or as necessary to provide you the Services you request, as well as to operate our business. As further described below, we will only share certain personal information with:
- Our Resellers and partners.
- Third party service providers and vendors.
- In connection with a sale, merger, acquisition or corporate reorganization.
- Authorized users within your organization.
- Law enforcement, government officials and authorized individuals for legal reasons.
Further information about the third parties with whom we share personal information is available.
SHARING WITH PARTNERS
When we share your personal information with certain third-party partners, including marketing and advertising partners, that information includes your name, email address and other information enabling partners to:
- Assist you in using our Services.
- Contact you with offers, services or products that may be of interest to you.
- Provide you with their products or services.
Our partners may use cookies, web beacons, pixels, tags, scripts, device recognition and similar technologies in order to provide you advertising based upon your browsing activities and interests. For more information and guidance on how to opt out of cookies to access our Cookie Notice.
If you are located in a jurisdiction where such sharing requires your permission, we will only do so with your consent. Please note that if you access our Services through a tool that hides your location, such as through a virtual private network, you may not receive our request for permission because we were not able to identify you as being located in a jurisdiction where your permission is required.
Further, our partners are prohibited from using your contact information for any purpose beyond those set forth above without your consent. We will not provide our partners with your credit card information. Further information about certain partners we share personal information with is available.
In the event we collect information from you in connection with an offer that is jointly presented by us and a partner, we will let you know who is collecting the information and whose Privacy Notice applies, as well as any options you may have regarding use of your information.
SHARING WITH THIRD PARTY SERVICE PROVIDERS AND VENDORS
Occasionally, we enter into contracts with carefully selected third parties to assist us in servicing you (for example, providing you with customer service, fraud detection and deterrence, or access to advertising assets and providing us with information technology and storage services) or to assist us in our own marketing and advertising activities (including providing us with analytic information and search engine optimization services). Additional information about certain third-party service providers we share personal information with is available. Our contracts with such third parties prohibit them from using any of your personal information for any purpose beyond the purpose for which it was shared.
If you purchase a product or service from a third party through one of our brands, we will pass your personal information to such third party in order for them to fulfill your order.
We offer features that allow you to better target who you contact through our Services. These features allow you to optimize your campaigns, segment your lists, and better customize your offerings to your customers. In order to do this, we partner with third parties who can provide you with information about your contacts. If both you and your contacts are located outside of the United Kingdom and the European Union, this may include demographic information and geographic location. We require that these third parties are contractually or legally permitted to share this information with you.
In order to provide you with these features, we may send third parties certain pseudonymized personal data about your contacts. These third parties are prohibited from using this personal data for any purpose beyond that for which it was shared.
We also share non-personal information with certain third parties, including the media, industry observers, marketing and advertising partners, vendors, customers, potential customers or partners. For example, we disclose mobile search trends, email open rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our websites or evaluated or purchased our Services.
Our third party service providers and vendors may use cookies, web beacons, pixels, tags, scripts and similar technologies in order to provide you advertising based upon your browsing activities and interests. To access our Cookie Notice for more information and guidance on opting out of cookies.
For Directory Listings. If you provide your information in order to be included in our free directories you are consenting to (1) individuals contacting you to solicit your products and services and (2) businesses contacting you to market services you may find useful. Due to the nature of a directory, your information will be published publicly and you may be contacted by phone or email depending on the information you provide. You will never be added to our directories unless you request to be included and you may remove your listing at any time by accessing your Scoot dashboard, calling +880-1711-101320 or emailing us at contact@360teemitsolution.com.
For Promotional Offers and Sweepstakes. When you provide your name for a promotional offer or to enter a sweepstakes or contest, your participation in the contest constitutes the consent for the for the use of your name, likeness, prize, photograph, voice, opinions and/or hometown and state for promotional purposes and to demonstrate the transparency of a competition, in any media, worldwide, without further payment or consideration. We may request the contest winner provide consent to such use in writing. We will file your name with state agencies if required by law.
SHARING WITH RESELLERS AND PRIVATE LABEL PARTNERS
As it relates to 360teem IT Solution™’s trusted resellers and private label partners (collectively, “Resellers”), 360teem IT Solution™’s may process customer Personal Data on behalf of Reseller. In such cases, Reseller is the data controller and 360teem IT Solution™’s is the data processor and each party’s obligations will be outlined in the Reseller Agreement between the parties. In the event of a data subject access request sent by a third party to a Reseller, Reseller will make a similar request to 360teem IT Solution™’s by visiting our DSAR portal here, and submitting the appropriate form. All data collected through this relationship will be treated in accordance with this Privacy Notice.
CORPORATE REORGANIZATIONS
If we are involved in a merger, acquisition, a sale of all or a substantial portion of our assets, or other similar sale transaction, your information will be transferred as part of that transaction. We will notify you by email and/or a prominent notice on our website of any such transfer and any choices you may have regarding your information.
AUTHORIZED USERS
All users authorized by you to have access to your account can view personal information stored in the account. A primary account holder can view personal information saved in subaccounts to which they have authorized access. We share information about authorized users only for legitimate purposes consistent with this Privacy Notice, including servicing your account and marketing products and services to you.
LEGAL PROCESS
If legally required to do so, or if we have a good faith belief that such disclosure is reasonably necessary, we may disclose your personal information to courts of law, public authorities (including to meet national security or law enforcement requirements) and other relevant third parties, such as internet service providers, to conduct an investigation, respond to a third party or law enforcement subpoena or court order, to bring legal action, prevent harm to others or pursue other relief when you or a third party are or may be:
- Violating our terms and conditions of use.
- Causing injury or other harm to, or otherwise violating the property or other legal rights, of us, other users, or third parties.
- Violating federal, state, local, or other applicable law.
To the extent we are legally permitted to do so, we will notify you in the event that we are required to provide your personal information to third parties in connection with a subpoena.
As required by law, court order or other government or law enforcement authority or regulatory agency (including ICANN) in order to enforce or apply our Services Agreement or other agreements. For more information on ICANN see the Addendum for Users who purchased Domain Registration services here.
SECURITY
The transmission of information via the internet, email or text message is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted through websites or over email; any transmission is at your own risk. Once we have received your information, we will take appropriate technical and organizational measures to safeguard your personal information against loss, theft and unauthorized use, access or modification.
When we collect financial account information, such as credit card numbers, we protect its transmission through the use of encryption such as the Transport Layer Security (TLS) protocol.
TRACKING TECHNOLOGIES AND ONLINE ADVERTISING
We use cookies, web beacons, pixels, tags, scripts and other similar technologies in the course of our business. Information about the technologies we use, why we use them (for example, in connection with online advertising) and how you can control them can be found in our Cookie Notice found here.
CHOICE/OPT-OUT
MARKETING COMMUNICATIONS FROM US
We will need to contact you directly or through a third party service provider as necessary to deliver transactional or service related communications regarding products or Services you have signed up or purchased from us. We will also contact you with offers for additional services if you have given us consent to do so or we are allowed based on legitimate interests. You do not need to provide consent to receipt of marketing communications in order to receive our Services.
You always have the opportunity to opt out of our marketing communications with you or change your preferences by following a link in the footer of all non-transactional email messages from us or by emailing us. Some communications from us are considered transactional or service communications (for example, important account notifications and billing information). You agree to receive these transactional and service communications as a condition of the Services that we provide to you. You must cancel your accounts for all Services, if you do not wish to receive any transactional or service communications from us. To cancel your account, please follow the instructions found in the terms of service for the applicable Service. You may still receive marketing communications from us even after you cancel your account unless you also opt out of our marketing communications as described above.
PHONE, TEXT (SMS) MESSAGES AND POSTAL MARKETING
If you have given your consent to send you email, phone or SMS marketing, or if you have provided us with your postal address, we will use the personal data you give to us to contact you from time to time. If you register on the Site, you can choose to provide your consent to receive marketing communications by e-mail, phone and/or cell number (including use of automated dialing equipment and/or pre-recorded calls), text (SMS) message, social networks or any other means of communication that your device may be capable of receiving (i.e. video, etc.). If you do not want to receive postal or electronic communications, you may withdraw your consent at any time, by clicking the link in a communication, or emailing us using the address provided below. You don’t need to provide consent as a condition to purchase our products or services. If you want to withdraw your consent to receive marketing calls by phone, you may contact customer support at the brand from which you purchased your Services and indicate your preference to us. Contact information for specific brands can be found on the homepage of each brand.
COOKIES
For information about how to manage and opt out from cookies, please visit our Cookie Notice.
INFORMATION FROM THIRD PARTIES
To manage the information we receive about you from a social networking site or other third party (if applicable), you will need to follow the instructions from that party for updating your information and changing your privacy settings, where available. The information we collect is covered by this Privacy Notice and the information a third party collects is subject to the privacy practices and notice of that third party. Privacy choices you have made on any third party site will not apply to our use of the information we have collected directly through our Services.
UNAUTHORIZED ACCOUNTS
If an account or profile was created without your knowledge or authorization, please contact customer support at the brand on which the account or profile is located to request removal of the account or profile.
RETENTION OF PERSONAL INFORMATION
We retain your personal information to provide Services to you and as otherwise necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will retain your personal information for no more than seven years following the later of (i) the date on which you terminate your use of the Services or (ii) May 25, 2018, unless we are otherwise required by law or regulation to retain your personal information for longer. For example, where you have a contract with us, we will retain your data for the length of the contract, and will further retain that information for a time period consistent with our legal or regulatory responsibilities after the termination or expiration of your Services with us in order to allow us to resolve disputes, enforce our relevant Service Agreement, and to adhere to the technical and legal requirements and constraints related to the security, integrity and operation of the websites. If you have any questions about how long we will keep your specific data, please contact us.
YOUR RIGHT TO CONTROL HOW YOUR PERSONAL INFORMATION IS USED
You have the right to make requests regarding your personal information. You can:
- Ask us to access (and provide information on how we use and how we share), update, remove, restrict, or correct your personal information.
- Ask us to identify what personal information of yours has been shared.
- In certain circumstances, receive or (if technically feasible) ask us to provide your personal information to a third party, in a structured, commonly used and machine-readable format, although we will not provide you with certain personal information if to so would interfere with another’s individual’s rights or where another exemption applies.
- Object to marketing at any time by contact us.
- Withdraw your consent to process your personal information in circumstances where we are relying on your consent as our basis for processing. You can withdraw your consent at any time by contact us.
You can view or change the personal information you have provided us by submitting a request through our portal or logging into your online account manager, if applicable. To exercise any of your rights, please send an email to or visit our Privacy Center.
Please note that some rights only apply in certain circumstances or to certain information and some exceptions may apply.
In addition to the rights above, Users located in Brazil, residents of the European Economic Area (EEA), Switzerland, United Kingdom and California have further rights which are detailed below.
We will require you to verify your identity before responding to any requests to exercise your rights.
RESIDENTS OF THE EUROPEAN ECONOMIC AREA, SWITZERLAND OR THE UNITED KINGDOM
In addition to the rights outlined above, where the GDPR or the UK GDPR and UK Data Protection Act or related data protection laws apply, the following rights may be available to you:
- Access: You have the right to access personal data we hold about you, how we use it, and who we share it with.
- Correction: You have the right to correct any personal information held about you that is inaccurate and have incomplete data completed.
- Erasure: You have the right to request we erase the personal information we hold about you in certain circumstances (e.g. it is no longer necessary for us to hold that information; you have withdrawn your consent; we are processing the personal information on the basis of our legitimate interest and you object to such processing; or you believe your personal information is being unlawfully processed by us). We will retain the personal data if there are valid grounds under law for us to do so (e.g., for the defense of legal claims or freedom of expression).
- Restriction of processing to storage only: In certain circumstances, you have the right to require us to stop processing the personal information we hold about you other than for storage purposes (e.g., for a period of time to determine the accuracy of your personal information or when exercising your right to object; if you require us to retain the personal information for certain purposes such as the defense of legal claims). If we stop processing the personal data, we may use it again if there are valid grounds under law for us to do so.
- Objection: In certain circumstances, you have the right to restrict or object to our processing of your personal information. We may continue to process your personal data if there are valid grounds under law for us to do so (e.g., compelling legitimate grounds or for the defense of legal claims).
Please note that as set out above a number of these rights only apply in certain circumstances, and all of these rights may be limited by law. For example, where fulfilling your request would adversely affect other individuals or our trade secrets or intellectual property, where there are overriding public interests or where we are required by law to retain your personal information.
We will respond to requests to exercise these rights without undue delay and at least within one month (though this may be extended by a further two months in certain circumstances).
More information about how your personal information is processed as a resident of the EEA or Switzerland is available.
More information about how your personal information is processed as a resident of the UK is available.
RESIDENTS OF CALIFORNIA
In addition to the rights outlined above, where the California Consumer Privacy Act 2018 (“CCPA”) or related data protection laws apply, you may:
- Request to know the categories of personal information we collect about you, as well as the sources from which the personal information is collected; the business or commercial purpose of our collection; the categories of third parties with whom we share your personal information; and the specific pieces of personal information we hold about you.
- Request certain information regarding the opt-out of our disclosure of your personal information to third parties.
- Request that we delete the personal information we hold about you in certain limited circumstances.
More information about your rights as a resident of California is available.
USERS LOCATED IN BRAZIL
In addition to the rights outlined above, where the Lei Geral de Proteção de Dados (LGPD) applies, you may:
- Ask that we provide confirmation of the existence of the processing of your personal data.
- Access the personal data we hold about you and certain information about how we use it and who we share it with including information about any public and private entities.
- Request the deletion of personal information we have collected from you, subject to certain exceptions.
- Ask us to anonymize, block, or delete unnecessary or excessive data or data that is not being processed in compliance with the LGPD.
- Ask us to provide information about the possibility of denying consent for the processing of your personal data and the consequences of such denial.
More information about your rights as a User located in Brazil is available.
THIRD PARTY LINKS AND INFORMATION COLLECTION AND USE BY OUR USERS
Some of our Services provide links to other websites. Because we do not control the information policies or practices of these third party sites, you should review their privacy policies to learn about how they collect and use personal information and direct any concerns to the site administrator of that website.
You may also log in to some of our Services using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you with the option to share certain personal information with us, such as your name and email address to pre-populate our sign up form. For example, if you take advantage of certain of our social media features, such as the Facebook Like button, and widgets, such as the “Share This” button or interactive mini-programs that run on our site, the applicable social networking sites may collect your IP address, which page you are visiting on our websites, and may set a cookie to enable it to function properly.
CHILDREN
Our Services are not directed to persons under 18. We do not knowingly collect personal information from children under 18. If you are a parent or guardian of such a child and become aware that your child has provided personal information to us, please contact us as described in this Privacy Notice and we will take reasonable steps immediately to remove any such information.
NOTIFICATION OF CHANGES
We reserve the right to modify this Privacy Notice at any time, so please review it frequently. If we decide to change this Privacy Notice in any material way, we will notify you here, by email, or by means of a notice on https://www.360teemitsolution.com/ or the website of the 360teem IT Solution™ product or service you use prior to the change becoming effective. In all cases, your continued use of any Services constitutes acceptance to any such changes.
SECTION 22 – ACCEPTABLE US POLICY
This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into 360teem IT Solution™’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the same meaning as provided in the Terms of Service. 360teem IT Solution™ may modify this AUP at any time without notice.
The Services provided by 360teem IT Solution™ may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. 360teem IT Solution™ reserves the right to refuse service to anyone at our sole discretion. Any material or conduct that in our judgment violates this AUP in any manner may result in suspension or termination of the Services or removal of content with or without notice.
Failure to respond to a communication from our abuse department within the specified time period in our communication to you may result in the suspension or termination of the Services.
- Prohibited Uses
- You may not directly or indirectly use the Services in connection with any of the following, as determined in 360teem IT Solution™’s sole discretion:
- You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject 360teem IT Solution™ to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP:
- Disclosing sensitive personal information about others;
- Phishing or engaging in identity theft;
- Distributing computer viruses, worms, Trojan horses or other malicious code;
- Promoting or facilitating prostitution or sex trafficking;
- Hosting ponzi or pyramid schemes, or websites that engage in unlawful or deceptive marketing practices;
- Hosting, distributing or linking to child sexual abuse material (CSAM) or content that is harmful to minors (CSAM will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children);
- Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications (including without limitation, promotion, marketing, or sale of prescription medications without a valid prescription);
- Gambling;
- Promoting or facilitating violence or terrorist activities; or
- Infringing the intellectual property or other proprietary rights of others.
- Excessive Use of Resources or Network Abuse
You may not consume excessive amounts of server or network resources or use the Services in any way which results in server performance issues or which interrupts service for other customers. Prohibited activities that contribute to excessive use, include without limitation:- Hosting or linking to an anonymous proxy server;
- Operating a file sharing site;
- Hosting scripts or processes that adversely impact our systems; or
- Utilizing software that interfaces with an Internet Relay Chat (IRC) network.
- You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject 360teem IT Solution™ to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP:
- You may not directly or indirectly use the Services in connection with any of the following, as determined in 360teem IT Solution™’s sole discretion:
- Unauthorized System Access
You may not directly or indirectly use the Services to gain access to any network or system without permission, including without limitation- Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures;
- Attacking other networks (e.g., utilizing botnets or other means to launch Denial of Service (DoS) or other attacks);
- Intercepting or monitoring data without permission; or
- Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of 360teem IT Solution™’s website or servers for any unauthorized purpose.
- Storage of Backups
You may not use your hosting account as a backup solution. Our Services are designed to host your website only and may not be used as a data repository. 360teem IT Solution™ reserves the right to remove backups from your hosting account with or without notice. - Zero Tolerance Spam Policy
- Any user account which causes or results in our IP space being blacklisted will be immediately suspended and/or terminated.
- Forging or misrepresenting message headers is prohibited.
- Websites advertised via spam (i.e. “Spamvertised”) may not be hosted on our servers.
- You may not use the Services to sell contact lists or send email to any purchased lists (i.e. “Safe Lists”).
- You may not use the Services to send spam or bulk unsolicited messages. We may terminate with or without notice the account of any user who sends spam.
- Enforcement
- Your Services may be suspended or terminated with or without notice upon any violation of this AUP. Any violations may result in the immediate suspension or termination of your account.
- 360teem IT Solution™ reserves the right to disable or remove any content which is prohibited by this AUP, including to prevent harm to others or to 360teem IT Solution™ or the Services, as determined in 360teem IT Solution™’s sole discretion.
- Violations will be reported to law enforcement as determined by 360teem IT Solution™ in its sole discretion.
- A failure to respond to an email from our abuse team within forty-eight (48) hours, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.
- Websites hosted on 360teem IT Solution™’s servers in the U.S. are generally governed by U.S. law. As a web host, 360teem IT Solution™ is not the publisher of user generated content and we are not in a position to investigate the veracity of individual defamation claims. Rather, we rely on the legal system and courts to determine whether or not material is defamatory. In any case in which a court of competent jurisdiction, as determined in 360teem IT Solution™’s sole discretion, orders material to be removed, 360teem IT Solution™ will disable access to such material.
- Notwithstanding the foregoing, 360teem IT Solution™ users are responsible for using the Services in compliance with applicable laws in their jurisdiction, including without limitation, any laws relating to defamation, unsolicited emails, spamming, privacy, obscenity, and intellectual property infringement. 360teem IT Solution™ reserves the right to take local legal considerations into account and to respond accordingly in 360teem IT Solution™’s sole discretion.
- Enforcement of this AUP is at 360teem IT Solution™’s sole discretion.
- Reporting Violations
To report a violation of 360teem IT Solution™’s AUP, please email us or To report an infringement of intellectual property or other proprietary rights, please email us.
SECTION 23 – SAMPLE COPYRIGHT COMPLAINT STEP
360teem IT Solution™ requires DMCA notices to be filed via email or letter. The complaint must include full contact information in the complaint (including phone number). We will call and verify. Email (unless digitally signed by a verified and trusted third party) is not an acceptable medium for legal complaints. This ticket system has received what appears to be a possible DMCA complaint, but one or more of the following are missing: (a) the complaint does not contain sufficient information (b) the format of the complaint is inconsistent with the requirements of the DMCA (c) the complaint has been submitted via email without proper authentication (d) full contact information is missing. We will need you to re-submit your claim, using the proper format, including sufficient details, via postal mail or fax. Instructions on how to do so follow.
It is our policy to respond to clear notices of alleged copyright infringement. This response describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the Copy Right Act, 2000 (the text of which can be found at the Bangladesh Copyright Office Web Site, http://copyrightoffice.portal.gov.bd) but we will respond to notices of this form from other jurisdictions as well.
To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on https://www.360teemitsolution.com/terms-of-service-and-privacy-policy/”) or other information sufficient to specify the copyrighted work being infringed (for example, “The copyrighted work at issue is ‘Intellectual Property: Valuation, Exploitation, and Infringement Damages’ by Gordon V. Smith, published by Wiley, ISBN #047168323X”).
Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must identify each web page that allegedly contains infringing material. This requires you to provide the URL for each allegedly infringing result, document, or item.
An example:
Infringing Web Pages:
http://www.thewebsite.com/directory/
http://www.thewebsite.com/something/blah.htmlProvide information reasonably sufficient to permit us to contact you.
Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
Include the following statement: I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
Include the following statement: I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Sign the paper.
For the fastest processing and response we ask that DMCA complaints be submitted through our online form at: https://www.360teemitsolution.com/contact/, Attn: Abuse Department, DMCA Complaint
While not recommended you may also mail your request to us at
360teem IT Solution™
Attention: Abuse Department
House# 965/1 {5th Floor},
Shewrapara, Kafrul,
Mirpur, Dhaka-1216
Bangladesh.Please allow routing and scanning time for mailed DMCA complaints.
Regardless of whether we may be liable for such infringement under local country law or United States law, we may respond to these notices by removing or disabling access to material claimed to infringe and/or terminating users of our services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that the owner or administrator may make a counter notification.
We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public.
In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed.
If a subscriber provides a proper “counter-notice” claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual’s objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network.
If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material.
SECTION 24 – ACCOUNT ELIGIBILITY
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. 360teem IT Solution™ is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
The Service and any data you provide to 360teem IT Solution™ is hosted in the Bangladesh unless otherwise provided. If you access the Service from outside of the Bangladesh., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the Bangladesh. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the Bangladesh., and not necessarily of the jurisdiction in which you are located.
SECTION 25 –TRANSFERS
360teem IT Solution™ Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall 360teem IT Solution™ be held liable for any lost or missing data or files resulting from a transfer to or from 360teem IT Solution™. You are solely responsible for backing up your data in all circumstances.
SECTION 26 – 360teem IT Solution™ CONTENT
Except for User Content (as defined below), all content made available through the Services, including images made available through website builder tools provided by 360teem IT Solution™ (the “Licensed Images”), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, “360teem IT Solution™ Content”), are the property of 360teem IT Solution™ or its licensors. No 360teem IT Solution™ Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any 360teem IT Solution™ Content.
To the extent applicable, you are granted a limited, revocable, non-sublicensable, license to use the Licensed Images solely in connection with the Services. You are prohibited from using any Licensed Images: (i) with pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party’s trademark or intellectual property rights; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: (a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; (b) in connection with the advertisement or promotion of tobacco products; (c) as endorsing a political party, candidate, elected official, or opinion; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities.
Any use of 360teem IT Solution™ Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any 360teem IT Solution™ Content. All rights to use 360teem IT Solution™ Content that are not expressly granted in this Agreement are reserved by 360teem IT Solution™ and 360teem IT Solution™’s licensors.
SECTION 27 – USER CONTENT
You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to 360teem IT Solution™ that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to 360teem IT Solution™ a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, 360teem IT Solution™ does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
360teem IT Solution™ exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through 360teem IT Solution™’s computers, network hubs and points of presence or the Internet. 360teem IT Solution™ does not monitor User Content. However, you acknowledge and agree that 360teem IT Solution™ may, but is not obligated to, immediately take any corrective action in 360teem IT Solution™’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that 360teem IT Solution™ shall have no liability due to any corrective action that 360teem IT Solution™ may take.
SECTION 28 – COMPLIANCE WITH APPLICABLE LAW
You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is location regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Notice) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.
SECTION 29 – THIRD PARTY PRODUCTS AND SERVICES
Third Party Providers
360teem IT Solution™ may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.360teem IT Solution™ does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. 360teem IT Solution™ is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
360teem IT Solution™ as Reseller or Licensor
360teem IT Solution™ may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-360teem IT Solution™ Products”). 360teem IT Solution™ shall not be responsible for any changes in the Services that cause any Non-360teem IT Solution™ Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-360teem IT Solution™ Products, either sold, licensed or provided by 360teem IT Solution™ to you will not be deemed a breach of 360teem IT Solution™’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-360teem IT Solution™ Product are limited to those rights extended to you by the manufacturer of such Non-360teem IT Solution™ Product. You are entitled to use any Non-360teem IT Solution™ Product supplied by 360teem IT Solution™ only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-360teem IT Solution™ Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-360teem IT Solution™ Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.Third Party Websites
The Services may contain links to other websites that are not owned or controlled by 360teem IT Solution™ (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
SECTION 30 – PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS).
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the Bangladesh Department of Commerce, Department of Treasury’s Office of Foreign Assets Control, and other Bangladesh authorities (collectively, “Bangladesh. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of Bangladesh. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by Bangladesh or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under Bangladesh. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which Bangladesh. persons may not contribute without a Bangladesh. Government license. Unless otherwise provided with explicit written permission, 360teem IT Solution™ also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
> We also do not provide any services to Israel or to any Isreali or Jewish People.
> Effective September 7, 2024, 360teem IT Solution™ will no longer accept payments through BRAC Bank PLC and bKash Limited. We are also discontinuing all banking relationships with these institutions. Clients must use alternative payment methods provided by 360teem IT Solution™ for all transactions.
SECTION 31 – ACCOUNT SECURITY
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. 360teem IT Solution™ may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. 360teem IT Solution™ may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by 360teem IT Solution™ of an issue, we reserve the right to leave access to services disabled.
360teem IT Solution™ reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
SECTION 32 –HIPPA DISCLAIMER. WE ARE NOT "HIPAA COMPLIANT."
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. 360teem IT Solution™ does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that 360teem IT Solution™ is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact
SECTION 33 – COMPATIBILITY WITH THE SERVICE
You agree to cooperate fully with 360teem IT Solution™ in connection with 360teem IT Solution™’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, 360teem IT Solution™ is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by 360teem IT Solution™ to provide the Services, which may be changed by 360teem IT Solution™ from time to time in our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. 360teem IT Solution™ does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
SECTION 34 – BILLING AND PAYMENT INFORMATION
Prepayment.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.Autorenewal.
Unless otherwise provided, you agree that until and unless you notify 360teem IT Solution™ of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.Taxes.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to 360teem IT Solution™’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.Late Payment.
All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, 360teem IT Solution™ may suspend or terminate your account and pursue the collection costs incurred by 360teem IT Solution™, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. 360teem IT Solution™ will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact 360teem IT Solution™ directly after you make a late payment to reactivate the dedicated server.Domain Payments.
It is solely your responsibility to notify 360teem IT Solution™’s Billing department by calling +880-1711-101320 or by using Live Chat after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and 360teem IT Solution™ is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.Fraud.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. 360teem IT Solution™ may report any such misuse or fraudulent use, as determined in 360teem IT Solution™’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.Invoice Disputes.
You have ninety (90) days to dispute any charge or payment processed by 360teem IT Solution™. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.Payment Card Industry Security Standard Disclaimer.
360teem IT Solution™ complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. 360teem IT Solution™ does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
SECTION 35 – MONEY-BACK GUARANTEE
Dedicated Servers.
There are no refunds on dedicated servers. The forty-five (45) day money-back guarantee does not apply to dedicated servers.Managed Shared, VPS and Reseller Services.
360teem IT Solution™ offers a forty-five (45) day money-back guarantee for 360teem IT Solution™’s managed shared, VPS, and reseller hosting services only.
Subject to the terms described in Section 35 below, if you are not completely satisfied with these hosting services and you terminate
your account within forty-five (45) days of signing up for the Services, you will be given a full refund of the amount paid for hosting.
This money-back guarantee only applies to fees paid for hosting services and does not apply to domains, administrative fees,
install fees for custom software or other setup fees, or to any fees for any other additional services.
SECTION 36 – CANCELLATIONS AND REFUNDS
Payment Method.
No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.Money-Back Guarantee.
If an account with a forty-five (45) day money-back guarantee is purchased and then cancelled within the first forty-five (45) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the 360teem IT Solution™ Support Team (the “Refund Request”) within ninety (90) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic shared, VPS and reseller hosting fees previously paid by you to 360teem IT Solution™ for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 14. Requests for these refunds must be made in writing to the 360teem IT Solution™ Support Team. Refunds will only be issued for basic shared, VPS and reseller hosting services and will not include domains, administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money-Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.Refund Eligibility.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.Non-refundable Products and Services.
There are no refunds on dedicated servers, administrative fees, install fees for custom software, and certain add-on services including SiteLock. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at 360teem IT Solution™’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.Cancellation Process.
You may terminate or cancel the Services by giving 360teem IT Solution™ written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) 360teem IT Solution™ may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received….” 360teem IT Solution™ will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone at: +880-1711-101320.
We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Cancellations for shared and reseller accounts will be effective on the account’s renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.
Domains.
Domain Renewals.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify 360teem IT Solution™’s
Billing department by calling +880-1711-101320 or by using Live Chat to cancel any domain registration at least thirty (30)
days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.Domain Name Fees.
If your plan includes a free domain name and you cancel within 1 year, our standard fee of $17.99 for the domain name (and any
applicable taxes) (the “Domain Name Fee”) will be deducted from your refund.
Foreign Currencies.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in Bangladeshi Taka and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and 360teem IT Solution™ is not responsible for any change in exchange rates between the time of payment and the time of refund.Termination
360teem IT Solution™ may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due hereunder to 360teem IT Solution™; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm 360teem IT Solution™ or others, cause 360teem IT Solution™ or others to incur liability, or disrupt 360teem IT Solution™’s business operations (as determined by 360teem IT Solution™ in its sole discretion); (iv) you are abusive toward 360teem IT Solution™’s staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, 360teem IT Solution™ will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
SECTION 37 – RESOURCE USAGE
Shared Hosting
Acceptable Use Policy. Disk space is intended for use in accordance with 360teem IT Solution™’s Acceptable Use Policy and limited to web files, active email and User Website content only. Shared hosting space may not be used for storage, including without limitation, of media, emails, as offsite storage of electronic files, or FTP hosts. 360teem IT Solution™ expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. 360teem IT Solution™ may, in its sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of 360teem IT Solution™’s terms and conditions.
Excessive Server Resources. Use of 360teem IT Solution™’s resources must be consistent with a shared hosting environment and must otherwise comply with this Agreement. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables (in excess of 5000 database tables) or an excessive database size (in excess of 10GB total database usage or 5GB database usage in a single database) negatively affect the performance of the server. In the event that you exceed these amounts, 360teem IT Solution™ may request that you reduce the number of files/inodes, database tables, or total databases to ensure optimal server performance. 360teem IT Solution™ reserves the right to terminate your account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services.
Bandwidth Usage. With the exception of resellers, shared servers are not limited in their bandwidth allowance. Resellers are subject to the terms of the plan they purchased and usage information can be viewed in the control panel.
Virtual Private Servers (VPS) and Dedicated Servers Usage.
Dedicated and VPS usage is limited by the resources allocated to the specific plan you purchased.
SECTION 38 – UPTIME GUARANTEE
If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive Ten (10) Days of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of 360teem IT Solution™ and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact our Billing department by calling +880-1711-101320 or by using Live Chat with justification within thirty (30) days of the end of the month for which you are requesting a credit. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
SECTION 39 – RESELLER TERMS AND CLIENT RESPONSIBILITY
Resellers shall ensure that each of their clients complies with this Agreement.
Resellers are responsible for supporting their clients. 360teem IT Solution™ does not provide support to clients of 360teem IT Solution™’s resellers. If a reseller’s client contacts 360teem IT Solution™, 360teem IT Solution™ reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client. All support requests must be made by the reseller on its client’s behalf for security purposes.
Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. 360teem IT Solution™ will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
360teem IT Solution™ is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify 360teem IT Solution™ from and against any and all claims made by any User arising from the reseller’s acts or omissions.
360teem IT Solution™ reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by 360teem IT Solution™.
Resellers in the 360teem IT Solution™ Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
SECTION 40 – SHARED (NON-RESELLER ACCOUNTS)
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
SECTION 41 – DEDICATED SERVERS
360teem IT Solution™ reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. 360teem IT Solution™ reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. 360teem IT Solution™ will not be liable for any loss of data resulting from such deletion.
SECTION 42 – APPOINTMENT BOOKING
If you elect to use 360teem IT Solution™’s Appointment Booking Service (“Booking”) to schedule appointments through the User Website, you acknowledge that you are responsible for managing and fulfilling your appointments and service offerings. BOOKING IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND 360teem IT Solution™ MAKES NO WARRANTIES THAT THE SERVICE WILL PERFORM IN AN ERROR-FREE AND UNINTERRUPTED MANNER. 360teem IT Solution™ HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR LOSS OF PROFITS OR BUSINESS RESULTING FROM YOUR USE OF BOOKING.
SECTION 43 – EMAIL MARKETING
If you elect to use the email marketing feature (“Email Marketing”), your use of Email Marketing shall be governed by the Constant Contact Website and Products Terms and Conditions of Use (the “Email Marketing Terms”). To the extent there is any conflict between the Email Marketing Terms and this Agreement, the Email Marketing Terms shall control solely with respect to your use of Email Marketing.
SECTION 44 – WORDPRESS PLUGINS
If you install or use WordPress plugins operated by Automattic on your hosting account (including, for example, Jetpack), you also acknowledge and agree to (1) the WordPress.com Terms of Service located at (https://en.wordpress.com/tos/) which apply to your use of all Automattic products and services; and (2) the Automattic Privacy Policy located at (http://automattic.com/privacy/), including without limitation, Automattic’s collection of data as described therein.
SECTION 45 – PRICE CHANGE
360teem IT Solution™ reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by 360teem IT Solution™ through the user billing tool or through other methods of communication, including notices sent or posted by 360teem IT Solution™.
SECTION 46 – COUPONS
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
SECTION 47 – LIMITATION OF LIABILITY
IN NO EVENT WILL 360teem IT Solution™ ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF 360teem IT Solution™ IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 360teem IT Solution™’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO 360teem IT Solution™ FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
SECTION 48 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless 360teem IT Solution™, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) 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 against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
SECTION 49 – INDEPENDENT CONTRACTOR
360teem IT Solution™ and User are independent contractors and nothing contained in this Agreement places 360teem IT Solution™ and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
SECTION 50 – GOVERNING LAW
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Bangladesh. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
SECTION 51 – DISCLAIMER
360teem IT Solution™ shall not be responsible for any damages your business may suffer. 360teem IT Solution™ makes no warranties of any kind, expressed or implied for the Services. 360teem IT Solution™ disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by 360teem IT Solution™ or our employees.
SECTION 52 – BACKUPS AND DATA LOSS
Your use of the Services is at your sole risk. 360teem IT Solution™’s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at 360teem IT Solution™’s sole discretion. 360teem IT Solution™ does not maintain backups of dedicated accounts. 360teem IT Solution™ is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on 360teem IT Solution™’s servers.
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.
SECTION 53 – LIMITED WARRANTY
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, 360teem IT Solution™ AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. 360teem IT Solution™ AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. 360teem IT Solution™ AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
SECTION 54 – DISCLOSURE TO LAW ENFORCEMENT
360teem IT Solution™ may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
SECTION 55 – ENTIRE AGREEMENT
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
SECTION 56 – HEADINGS
The headings herein are for convenience only and are not part of this Agreement.
SECTION 57 – SEVERABILITY
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
SECTION 58 – WAIVER
No failure or delay by you or 360teem IT Solution™ to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
SECTION 59 – ASSIGNMENT
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of 360teem IT Solution™. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. 360teem IT Solution™ may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
SECTION 60 – FORCE MAJEURE
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
SECTION 61 – THIRD-PARTY BENEFICIARIES
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
SECTION 62 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@360teemitsolution.com.