ACCEPTANCE OF TERMS OF USE

Last updated on October 12, 2023

IPv4 Mall Ltd. (“IPv4Mall”, “we”, or “us” and “our”) owns and operates the website, www.ipv4mall.com, (hereinafter, “Site”). By (a) using the Site and IPv4Mall’s services through the Site, (b) signing up for an account and/or (c) completing a purchase on the Site, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Statement, incorporated herein by reference and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Statement, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the “Terms of Use”.

1. OWNERSHIP OF THE SITE

The Site, any content on the Site, and the infrastructure used to provide the Site are proprietary to us. By using the Site and accepting these Terms of Use: (a) IPv4Mall grants you a limited, personal, non-transferable, non-exclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies set forth by us; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Site without our express permission.

2. MODIFICATION

IPv4Mall reserves the right at all times to discontinue or modify any part of these Terms of Use in its sole discretion. If we make changes that affect your use of the Site or our services, we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice, provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you may close your account and you should not use the Site or any services offered through the Site after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes, and that your continued use of the Site or our services will constitute acceptance of these changes and the Terms of Use as modified.

3. ACCOUNT SETUP

It is your responsibility to provide us with a valid and reachable email address. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times and your spam filtering system is not filtering our emails as spam. It is your responsibility to ensure that the contact information for your account is correct and up-to-date. We shall not be held liable for lapsed registration due to outdated contact information being associated with the service.

4. USE OF THE SITE

As a condition of your use of the Site, you agree that:

• You have reached the age of majority in the Country in which you reside;
• You are able to create a binding legal obligation;
• You are not barred from receiving products or services under applicable law;
• You will not attempt to use the Site with crawlers, robots, data mining, or extraction tools or any other functionality;
• Your use of the Site will at all times comply with these Terms of Use and all applicable law;
• You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current, and complete;
• You will update and correct information you have submitted to the Site, including all account information, and ensure that it is accurate at all times (out-of-date information will invalidate your account); and,

As a condition of your use of the site, you expressly agree to not use any prohibited material and/or activity such as but not limited to:

• IRCD (irc servers)
• IRC Scripts/Bots
• Pirated Software/Warez
• IP Scanners
• Ad Click Bots
• Ad Fraud Activity
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/spam Scripts
• Escrow
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery Sites
• Hateful/Racist/Harassment oriented sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro
• and any other illegal activity.

5. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS IPV4MALL FROM ANY CLAIMS RESULTING FROM THE USE OF OUR SITE AND SERVICES.

You hereby agree to not use our Site and Services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder or performing any other sort of illegal activity including breaking any parties’ rights will result in the immediate termination of your account with no refund provided. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright, trademarks or your rights are being infringed upon, please email service provider at abuse info@ipv4mall.net with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation. In the event of a copyright, trademark or patent infringement by the use of our services by you, you hereby agree that you will rectify the situation within 48 hours after receiving a notice, in whichever form that it may take, of such infringement.

6. PAYMENT POLICY – RENEWAL – CANCELLATION

You agree to supply appropriate payment for the services received from IPv4Mall, in advance of the time period during which such services are provided.

You hereby agree that in order to renew your services with us, you must do so before the due date. In the event that you have not given us your intent to renew before such date, we may, at our sole discretion, suspend and/or terminate your services with us. You shall hold IPv4Mall harmless for all damages such suspension and/or termination causes and understand that it is solely your duty to renew your services with us.

As a standard practice at IPv4Mall, you can cancel your services with us by given us a three (3) days’ notice before your next payment due date, unless otherwise indicated in a separate agreement that you may have signed with us. If no separate delay is awarded to you in any agreement signed with us than IPv4Mall may at its sole discretion will allow you to extend the cancelling notice period. In the event where you have not given the required 3-day notice and/or you do not have a separate delay in your agreement with us and/or IPv4Mall has not authorized another delay for such cancellation, we may, at our sole discretion, suspend and/or terminate your services with us. You shall hold IPv4Mall harmless for all damages such suspension and/or termination causes and understand that it is solely your duty to properly cancel your services with us.

Any and all amounts that are outstanding shall be overdue until paid for in full. In the event where you have overpaid us, we will automatically credit you on new orders to the balance of the WHMCS account which can be used for future orders or renewals. Credits are non-refundable and shall expire one (1) year after they have been granted to you.

We reserve the right to cancel, suspend, or otherwise restrict access to the account at any time with or without prior notice.

7. DELIVERY OF SERVICE

IPv4Mall aims to always deliver all its services in a timely manner and on schedule. You hereby agree and understand that in the event that we fail to deliver your services for reasons such as but not limited to force majeure, time zone differences, speed availability of suppliers, we shall reset your due date to the day that we deliver your services. If for any reason your services become unsuccessful, we will credit you the amount paid back to your account with us and you will be able to use those funds for renewals and new orders.

8. SERVICE

IPv4Mall does not offer support on software related matters such as but not limited to VPN software’s, mailing software’s, control panels and scripts. In the event where you have a problem with the above-mentioned subjects, we will try and help you, without any guarantees, and provide you with support to resolve the matter for you (not including your clients).

You hereby understand and agree that if IPv4Mall provides you with tech support outside of its brokerage capacity and such support is successful then we reserve, at our sole discretion, to invoice you for services rendered.

In the event where we have delays setting up your rDNS or providing support we will compensate you within forty-eight (48) hours.

9. TEST SERVICES

IPv4Mall provides you with test services on a case-by-case basis. We will not tolerate spamming, backlisting or burning our IP addresses during any of these tests that we may provide you with. You hereby acknowledge that in any case where, at our sole discretion, we see any form of abuse on our test services, we shall blacklist your account on our databases and that of all our partners.

10. ABUSE

We take a zero-tolerance stance against sending of unsolicited e-mail and spam. “Safe lists” and purchased lists will be treated as spam. IPv4Mall does authorise the sending of clean mass emails that follow rules set forth in the CAN-SPAM Act.

Any user who has listed IP’s by Spamhaus Block during the testing period will be marked as untrusted on our end and their information may be shared among our business partners.

Any user who has listed IP addresses in active services by serious blacklists during his billing period will have its corresponding services with us terminated without notice and refund of services.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers and might not use any of our services. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted or used for spamming will be immediately suspended and/or terminated with no refund provided.

IPv4Mall reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

IPv4Mall reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee or any charges incurred for blacklist removal. This cost of the clean-up fee is entirely at our discretion.

In the event where your use of our services gets us on the Spam Block List (SBL), you hereby agree that all material damages shall be forwarded to you and in no case shall IPv4Mall be held liable for all expenses incurred with its removal.

IPv4Mall zero-tolerance stance against abuse in all of its forms. Any such abuse of our staff in any medium or format will result in the suspension or termination of your services.

If by your use of our IP’s, have gotten said IP blacklisted repeatedly then you hereby agree and acknowledge that IPv4Mall reserves the right to be compensated and we will determine the amount owed depending on the number of infractions and will send you an invoice for the repeated offense.

11. REFUND POLICY

As a standard practice, IPv4Mall shall refund the buyer and/or broker for the IP payment in fourteen (14) days after the payment has been made, if the sale of the IP has not gone through for any reason.

12. INDEMNIFICATION

You hereby agree to defend, indemnify, save and hold IPv4Mall harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, our agents, customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, its and/ or your agents, employees or assigns.

You agree to defend, indemnify and hold harmless IPv4Mall against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from our server.

13. DISCLOSURE – LIMITATION OF LIABILITY

Except as described herein, IPv4Mall shall not be liable to customer for harm caused by or related to customer’s services or inability to utilize the services unless caused by willful misconduct. We shall not be liable to customer for lost profits, indirect, special or incidental, consequential or punitive damages. Notwithstanding anything else in this terms or service agreement, the maximum aggregate liability of service provider and any of its employees, agents or affiliates, under any theory of law should not exceed the amount of fees it has collected on full month of service. Except as otherwise provided in this terms of use agreement, IPv4Mall provides all products and services “as is”, without warranty or any kind, whether express, or implied and disclaims all implied warranties, including but not limited to, the implied warranties of merchantability of fitness for a particular purpose. customer shall be solely responsible for the selection, use, and suitability of any product and service and IPv4Mall shall have no liability associated with the forgoing. customers are responsible for ensuring security of servers.

14. ENTIRE AGREEMENT

The Terms of Use including our Privacy Policy constitutes the entire agreement and understanding between you and IPv4Mall with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and IPv4Mall with respect to such subject matter.

15. GOVERNING LAW

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or IPv4Mall’s services shall be governed by the laws of the province of Quebec in Canada, without regard to its choice of law rules and without regard to conflicts of laws principles.