Services Policy
Terms of Service, Privacy Policy, and Acceptable Use Policy
Terms of Service
Welcome to Twnk Co! These Terms of Service ("Terms") govern your use of the services provided by Twnk Co ("Twnk Co," "we," "us," or "our"), including, but not limited to, VoIP, Servers, Hosting, Files, Media, and other related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy and Acceptable Use Policy.
1. Acceptance of Terms
By creating an account, making a purchase, or otherwise using the Services, you confirm that you are at least 13 years of age and that you have read, understood, and agree to be bound by these Terms. If you are under the legal age of consent for a binding contract in your jurisdiction, you and your parent or legal guardian must agree to these Terms.
2. User Accounts
- Account Eligibility: You must be at least 13 years old to use the Services.
- Account Information: You agree to provide accurate, current, and complete information during registration and keep your account information up-to-date.
- Refund Policy: You have a period of seven (7) days from the date of sign-up to cancel your account and services to receive a full refund. After this 7-day period, Twnk Co reserves the right to deny any refund requests.
- Identity Verification (KYC): Twnk Co reserves the right to request identity verification from you at any time. This may include picture verification, form verification, address verification, and ID verification. Failure to comply may result in suspension or termination of your account.
3. Service Provision and Responsibilities
Your Responsibilities: You are solely responsible for all content, data, and files you create, transmit, store, or display on our Services. You are solely responsible for maintaining backup copies of your data. Twnk Co is not responsible for any loss of data.
4. Limitation of Liability and Release
By using our Services, you agree to release Twnk Co from any and all legal liability that may arise from your use of the Services, including but not limited to, any loss or damage to data, any unauthorized access to your account, or any claims related to content hosted or transmitted through your account.
6. Dispute Resolution
Binding Arbitration: Any dispute shall be determined by binding arbitration in Portland, OR. You are waiving your right to participate in a class action lawsuit. You have the right to opt out within thirthy one (31) days of sign-up by emailing arb@twnk.tech with your notice.
7. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Oregon.
Privacy Policy
This Privacy Policy describes how Twnk Co collects, uses, and protects your information when you use our services. By using our Services, you consent to the data practices described in this policy.
1. Information We Collect
We only collect basic information necessary to provide and manage our Services. This includes contact information (name, email, billing address), billing information (payment details), and service data (IP addresses, login times, service configurations). We do not collect sensitive personal information.
3. Information Sharing
We do not sell, rent, or trade your personal information to third parties. We may share your information with trusted third-party service providers who assist us in providing the Services (e.g., payment processors). We may also disclose your information if required by law or court order.
4. Legal Requests for Data and Data Retention
We will deny any subpoena, court order, or other legal process that we believe is invalid, improper, or not legally binding. If we are compelled to disclose data, we will provide notice to the affected customer when legally permissible. All data collected for KYC verification will be securely deleted within fourteen (14) days after verification is completed.
5. Children's Privacy
Our Services are not intended for individuals under the age of 13. We do not knowingly collect information from children under 13. If we become aware that we have collected information from a child under 13, we will take steps to delete that information.
Acceptable Use Policy
This Acceptable Use Policy outlines the prohibited uses of the Services provided by Twnk Co. By using our Services, you agree to comply with this AUP.
1. Prohibited Uses
a. Illegal Activities:
Any activity that is illegal under any applicable law, including copyright infringement, distribution of child pornography, fraudulent activities, and violating export control laws.
b. Intellectual Property Rights:
Unauthorized copying or distribution of copyrighted work is strictly prohibited. Selling counterfeit merchandise will result in immediate termination. Any account in repeated violation will be suspended or terminated.
c. Adult Content:
You may not use our Services to host legally regulated services such as online gambling, financial trading platforms, or pharmaceuticals. You may not host or transmit any adult content, including pornography and sexually explicit material.
e. Security Violations:
Prohibited: Unauthorized access, distributing malware, port scanning, launching DoS/DDoS attacks.
f. Port 25 (Email):
Port 25 requires approval before use. If your IP appears on a blocklist once, we will de-list it for you. For any further blocklist, you will be responsible for paying a $20 fee. We may ask for a $15 deposit for high-risk users (non-refundable if spam is detected).
g. Unacceptable Material:
Zero-tolerance policy for adult content. Prohibited content includes: Topsites, Commercial VPN hosting, Cannabis/CBD sites without permits, IRC Scripts/Bots, Proxy Scripts, AutoSurf/PTC sites, Mail Bombers/Spam Scripts, File Dump Scripts, Controlled substances without permits, Gambling sites without permits, Hacker sites, Fraudulent sites, Bitcoin miners without permission, PayDay loan sites.
h. Child Sexual Abuse Material (CSAM):
Content harmful to minors is strictly forbidden. Any website found to host child pornography will be suspended immediately without notice.
j. Zero Tolerance Spam Policy:
Zero-tolerance stance against spam. Any account resulting in IP blacklisting may be immediately suspended and terminated without notice.
k. Shared CPU Limitations:
VPS plans with shared CPUs may not use more than 50% CPU for longer than 15 minutes straight. We reserve the right to limit CPU usage with or without notice.
2. Enforcement
We reserve the right to investigate any violations. Your Services may be terminated with or without notice upon violating this AUP. Refunds are not issued for any AUP violations. A failure to respond to abuse emails within forty-eight (48) hours may result in suspension or termination.