Terms of Service

Incoming e-mail policy

Sending unsolicited bulk e-mail to us or our customers is prohibited.

Copyright infringements (DMCA)

Pursuant to 17 U.S.C. § 512(c), our agent to receive notifications of claimed copyright infringement is:

Attn.: James P. Renken
Sandwich.Net, LLC
PO Box 583097
Minneapolis, MN 55458-3097
+1-612-200-1122
abuse@sandwich.net

Terms of Service

Summary

  • We will never sell or disclose your information without your consent, unless we are required to by law or you commit egregious network abuse.
  • No spamming, network abuse, or illegal activity.
  • You are responsible for the actions of anyone sharing your account.
  • A US$20 fee applies to returned checks.
  • We offer a 30-day money-back guarantee, unless you violate our policies.

Parties & definitions

Sandwich.Net, LLC (“Sandwich”) is a Minnesota limited liability company. “Service” is any service or resource provided by Sandwich to its customers. The “TOS” (Terms of Service) is this document.

All amounts mentioned are in United States dollars.

Introduction

By using the Service, you agree to the TOS, which is a contract between us. We may make changes to the TOS at any time, but will announce them by e-mail 30 days before they take effect.

The laws and venue of Minneapolis, Minnesota govern any disputes over the Service, including the interpretation or application of the TOS. If any portion of the TOS is deemed invalid, the rest remains in effect.

Information privacy

Sandwich may share your contact and account information with our payment processors and fraud screening services in order to process payments that you submit.

Sandwich agrees not to disclose your contact or account information to any other third party, for any reason, unless: Sandwich has obtained your prior, explicit consent by e-mail or regular mail; such disclosure is permitted by the TOS due to illegal use of the Service; or disclosure is required by law. If permitted by law, Sandwich will immediately notify you of any coerced disclosure of your contact or account information.

If Sandwich believes that your information has, or may have, been breached, it will immediately notify you unless doing so would interfere with a law enforcement agency’s investigation of the breach.

Information stored, transmitted, or otherwise made available using the Service is not private in an absolute sense, and may be read and/or monitored by our staff during the normal course of providing technical support or monitoring the Service’s security. All Sandwich staff follow the System Administrators’ Code of Ethics, and act with the utmost respect for your privacy.

Illegal use

The Service may not be used to commit, aid, or abet any illegal activity. Such usage will result in Service termination. Sandwich may, at its discretion, disclose contact and account information to law enforcement authorities in cases of fraud, computer/network intrusion, or child pornography.

Unsolicited bulk e-mail

Use of the Service to send unsolicited bulk e-mail (“spam”) is prohibited. If you use the Service to send spam, Sandwich will terminate the Service immediately and you will be required to pay Sandwich liquidated damages of $50.00 per message sent, up to a maximum of $25,000.00 per day. These damages compensate Sandwich for its investigatory efforts and for the likely disruption of Sandwich’s and its other customers’ ability to send e-mail, which is infeasible to calculate in advance.

If the Service is used in the content of any unsolicited bulk e-mail message (e.g. as an e-mail account or Web site mentioned in a UBE message), but was not directly used in the sending of that message, Sandwich will terminate the Service immediately and you will be required to pay Sandwich liquidated damages of $250.00 for the same reasons stated above.

Computer & network abuse

The Service may not be used: to probe or penetrate the security of any Internet site; to elevate your access privileges on any Internet site beyond those authorized; or to attempt any of the aforementioned activities. Such usage will result in immediate Service termination and, at Sandwich’s discretion, disclosure of contact and account information to law enforcement authorities.

Use of the Service to transmit, store, or otherwise make available security exploitation, system/network scanning, or Denial of Service tools (except as follows) is forbidden, and will result in Service termination. Use of the Service to receive e-mail from security-related mailing lists, which may from time to time contain security exploitation and related tools, is permitted. If you are engaged in legitimate security research and responsible vulnerability disclosure, please contact us to negotiate a more detailed waiver.

Unacceptable content

Content that, in Sandwich’s reasonable inference, is intended to harrass, threaten or intimidate an individual or group, or is illegal, may not be transmitted or otherwise made available using the Service. Sandwich recognizes that criticism is not harrassment. Unlicensed copies of commercial software or music constitute illegal material. Child pornography incidents will be immediately reported to law enforcement authorities without exception.

By using the Service, you agree to indemnify Sandwich from liability relating to any information that you transmit, store, receive, or otherwise make available using the Service, including reasonable attorney’s fees incurred in defending lawsuits, arbitration, regulatory or administrative proceedings.

Account sharing

In the event that you share your access to the Service with any other individual or organization, you agree to make them aware of the TOS, and agree to be held fully responsible for their use of the Service and compliance with the TOS. Should you discover that your access to the Service is being used without your authorization, you agree to report the incident to Sandwich immediately.

Additional services

You may not use Sandwich’s shared Web hosting service to run programs on Sandwich’s equipment, except for the purpose of processing standard Web and e-mail requests. “Daemon” applications, such as game servers or IRC robots, are prohibited. Violation of this clause will result in a warning, and Service termination on the second offense. Exceptions to this clause may be made, but must be obtained from Sandwich in advance.

Payments and refunds

If you pay by check, cashier’s check, or money order, and the item is returned unpaid to Sandwich, you will be charged a non-refundable $35.00 fee.

If you are dissatisfied with the Service for any reason, you may request and receive a full refund within the first 30 days after the Service is activated. However, domain name registrations are generally non-refundable. After the first 30 days of service, refunds are at Sandwich’s discretion.

Termination

We reserve the right to terminate (cease providing) the Service at any time, and for any reason. Should we terminate the Service for any reason other than violation of the TOS, you are guaranteed a refund for the portion of the Service that will not be used. (For example, if you have paid for a month of service and we terminate your account five days before the paid period ends, you will be issued a refund for the remaining five days.)

Damages

Any damages whatsoever (including without limitation emotional damages, business interruption, or loss of business profits) arising from Service termination, malfunction, or any other inability to use the Service are limited to, at maximum, the actual amount paid to Sandwich. Should the TOS have been violated, Sandwich will not be liable for damages of any kind whatsoever.