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You should be aware that by signing up for an
account with DuoServers, you agree to position
data on our servers, thus making it accessible to
the wide public. In this sense, you accept that it
is beyond the power of DuoServers to restrict such
access and guarantee the security of your files.
You are completely in charge of protecting your
data on DuoServers servers, which suggests that
you would better consider carefully any piece of
information before uploading it to your newly
allocated DuoServers server space. It is
recommendable to avoid publishing personal data
that could be abused online.
The order form completion represents the
electronic signing of this document.
ENTIRE AGREEMENT; SEVERABILITY OF
AGREEMENT
DuoServers shall provide its Services to You
(the Customer) under the Terms and conditions of
this DuoServers Customer Agreement. The Agreement
is intended to keep the integrity of both
DuoServers and the Customer and to protect both
parties from liability. This Service Agreement
will be enforced to ensure the speed, power,
performance, and reliability of our services.
Along with the Order Form and any other
documents or agreements explicitly specified in
this Agreement, the Customer Agreement constitutes
the whole act of convention between DuoServers and
the Customer, thus being the most significant
document of the newly-established relationship. In
case that a court of competent jurisdiction
considers that any of the Agreement's provisions
is invalid, unenforceable, or void, the remaining
ones will completely reserve their validity.
Customer's side of the Agreement could be
presented by the following parties: an individual
with personal demands, being over 18 years of age;
a legal entity such as a corporation, a limited
liability company etc. that is consistent with
state's law system. If a person represents the
Customer for some reason, he/she should be legally
authorized to act in his/her name, thus accepting,
executing and delivering the Agreement.
You understand and agree that the Service is
provided "AS-IS" and that DuoServers assumes no
responsibility for the timeliness, deletion,
failure to deliver or store any Customer
communication or personalization settings.
DuoServers HOSTING
SERVICES
1. BANDWIDTH - Each hosting plan include
prepaid bandwidth. Additional bandwidth is
available. Contact sales department for more
information. This bandwidth must be prepaid before
using or otherwise the account will be suspended
due overbandwidth usage.
2. DOMAINS HOSTED -
DuoServers hosting plans include domain hosting.
Each hosting plan has a limit of the domains
hosted.
3. DOMAIN REGISTRATION - available at
discounted price only with purchasing web hosting
account(s). Each web hosting account can use a
maximum of one discounted domain name. Domain
registrations are final and can not be
refunded.
4. DISK SPACE - Additional disk space
is available. Payment is accepted only in advance
per year. Contact sales for more
information.
5. IP ADDRESS - DuoServers hosting
accounts do not include IP address. For many
customers IP address is important for starting SSL
hosts and that's why we allow purchasing IP
addresses. Payment is accepted only in advance per
year. Contact sales for more information.
6.
MYSQL DATABASE(S) - is/are included in all hosting
plans.Additional MySQL databases are available.
Contact sales for more information.
7. MYSQL
DATABASE STORAGE - 30 MBs are included in the
Business hosting plan and 45 MBs are included in
the Corporate hosting plan. Additional MySQL
database storage is available. Contact sales for
pricing.
8. SSH - not included in hosting
plans, but it is available. Contact sales for more
information.
BACKGROUND OPERATIONS/PROGRAMS ON
SERVERS
These programs, named cron jobs, can be
continuingly run by DuoServers in the background.
Their provision suggests additional fee in
accordance with system resources used and
operational maintenance involved, if needed.
Generally, DuoServers avoids placing complementary
charges upon customers, providing the CronTab
service that is integrated in the hosting Control
Panel. Optional DuoServers Services. These
services, including but not limited to: Site
Studio, Mailing Lists and other services offered
are provided WITHOUT WARRANTY and WITH NO
GUARANTEE OF RESULTS. DuoServers ADDITIONAL
SERVICES OR FEATURES AND VALUE-ADDED SERVICES OR
FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE"
BASIS. DuoServers REJECTS ANY IMPLIED WARRANTIES.
ANY OF DuoServers'S EMPLOYEES, MANAGEMENT OR
AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS
LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR
MISUSE OF ANY INFORMATION, CONTENT OR SERVICES
PROVIDED BY DuoServers , INCLUDING DIRECT OR
INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES
RESULTING FROM ANY FAILURE TO PROVIDE SERVICES,
SUSPENSION OR TERMINATION OF SERVICES.
SERVICE GUARANTEES
DuoServers will guarantee 99.9% DuoServers
network uptime and 99.9% network stability uptime.
DuoServers will pro-rate credits (up to 3
additional domains or up to 5 GB bandwidth per
month) for uptime below 99.9% upon request. This,
however, does not refer to problems stemming
from:
- Server Hardware Breakdown
- User
error(s) or purposeful interruption(s) of the user
service (e.g. if the client shuts his/her own
server down, DuoServers is not responsible for the
downtime)
- Failures due to software that is
not explicitly supported by DuoServers.
Consequently, if a hardware crash provoked by the
customer happens, DuoServers is beyond the control
and responsibility for the resulting downtime.
SERVER USAGE & HOSTED
CONTENT
1. Server content MUST comply with the
parameters stated in this TOS. Web content
requirements exclude the publication of illegal
content or content considered inappropriate
otherwise. Customers should get in touch with a
DuoServers Service representative regarding any
inquiries over the matter.
2. If any of DuoServers Services are used for
the illegal purpose of SPAM or UCE, then they will
be instantaneously terminated.
Unauthorized
Access. DuoServers expressly bans the use of any
DuoServers hardware or software hosted on a
DuoServers server for trying to illegally access
another hosted machine or network.
3. Using DuoServers temporary URL -
supremeserver.com is not defined as a bandwidth
stealing. However, customers are advised to use it
temporarily and DuoServers does not bear the
responsibility, if we change it afterwards -
traffic processing there is not recommendable. It
is not recommendable to use DuoServers temporary
URL- supremeserver.com as a basic URL. Users are
advised to redirect their traffic to their own
domains.
Each customer will be able to take
advantage of the package he/she has purchased at
the introductory price levels and with one and the
same set of features in the course of the whole
contract period. DuoServers reserves the right to
introduce certain changes to the packages (in the
shape of complementary services) to the benefit of
customers.
MONEY BACK GUARANTEE
DuoServers offers a 30-day money back
guarantee. If you are not satisfied with our
hosting service, you can email billing@DuoServers.com
and receive a full refund for your hosting plan
within 30 days after you purchased the account.
However, all domain registrations are final, do
not include any money back guarantee and will be
subject to a $9.95 per year per domain
registration fee. You will be required to make a
deposit of $9.95 for the domain fee before
receiving the refund for the hosting account.
PAYMENT, CHARGEBACKS AND RETURNED
CHECKS 1. DuoServers contracts with VISA /
MASTER CARD International, American Express Bank
and Discover Financial Services for chargeback
procedures, thus avoiding its merchant accounts
involvement. When signing up for a web hosting
service with DuoServers, customers agree to AUP
(this document) and the specified Terms &
Conditions in this document. Thus, DuoServers will
utilize this document as an evidence for the
customer's agreement in cases of a chargeback
inquiry on behalf of the customer based on points
that the client tries to refute after he accepted
them at the time of the order.
If, however,
customer presents a valid motive for the refund
required, having observed the afore-specified
requirements, then DuoServers will process the
money back procedures without hesitation. Any
refund actions will immediately lead to web
hosting account suspension and the customer's
credit card will be charged back with the
respective sum under the same payment order /
authorization number.
2. DuoServers will
charge customers with fees based on the fee
structure at the time of the sign-up process.
DuoServers reserves the right to introduce changes
to the packages when needed regarding price and
set of features. This means that the current price
list at www.DuoServers.com may differ from the
pricing and features of the customer's
account.
3. When signing up for an account
with DuoServers, the customer agrees to pay for
the period of one year (365 days). DuoServers
grants customers with 48 hours over the official
payment period. In case that the payment has not
been received, the account will be suspended.
Chargebacks are not considered as a way of
refunding. Any customer who provides a credit card
chargeback in response to a bill or order placed
at DuoServers will be subject to collections and
legal action. He/she will be charged $29.00,
because when signing up with DuoServers, customers
accept these terms and conditions, thus agreeing
to observe them strictly.
WARRANTIES AND
REPRESENTATIONS DuoServers provides hosting
services on an "as is" and "as available" basis
without warranties or representations for its
offering. The company bears no responsibility for
connection problems, in cases when customers'
hosting with DuoServers confronts with service
interruption issues.
DuoServers.com reserves
the right to transfer your account to another
server if necessary, in which case DuoServers.com
is obliged to inform the client at least 7 days
prior to the transfer procedure. After the account
has been transferred, DuoServers.com will inform
the client of the account?s status and the new
access URLs.
FREE DOMAIN NAME
PROMOTION DuoServers has a promotion and
gives FREE domain names only to new customers of
web hosting accounts. However, when the money back
guarantee option is used the domain names must be
paid - $9.95 per year per domain name. Domain name
owners will receive an account username and
password to manage their domain names and they
will be able to transfer the domain name(s) at
will.
NO UNLAWFUL OR PROHIBITED
USE As a condition of your use of the
DuoServers Services, you will not use the
DuoServers Services for any purpose that is
unlawful or prohibited by these terms, conditions,
and notices. You may not attempt to gain
unauthorized access to any DuoServers Services,
other accounts, computer systems or networks
connected to any DuoServers Services, through
hacking, password mining or any other means. You
may not obtain or attempt to obtain any materials
or information through any means not intentionally
made available through the DuoServers
Services.
DuoServers reserves the right at all
times to disclose any information as DuoServers
deems necessary to satisfy any applicable law,
regulation, legal process or governmental request,
or to edit, refuse to post or to remove any
information or materials, in whole or in part, in
the sole discretion of DuoServers.
DuoServers is within the capacity to
refuse service to unlawful parties. DuoServers
servers can be used explicitly for legal purposes
only and each attempt for taking indecent
advantage of the servers inconsistent with the
rules will be immediately rejected. In this light,
DuoServers expressly forbids any breach of
Federal, State or Local regulation, including, but
is not limited to the transmission
of:
copyrighted material, material legally
judged to be threatening or obscene and material
protected by trade secrets.
DuoServers
management will thoroughly scrutinize any of the
received orders and decide to their own discretion
which of them do not comply with the officially
stated requirements for use of the company's
servers. DuoServers servers CANNOT be used for the
propagation, distribution, housing, processing,
storing, or handling in any way of lewd, obscene,
adult OR pornographic material, or any other
material which is considered impermissible by the
company including, but not limited to -
pornography, adult materials, satanic materials,
and any other materials of an adult nature.
THIRD PARTY Any dealings
with third parties (including advertisers)
included within the DuoServers Services or
participation in promotions, including the
delivery of and the payment for goods and
services, and any other terms, conditions,
warranties or representations associated with such
dealings or promotions, are solely between you and
the advertiser or other third party. DuoServers
shall not be responsible or liable for any part of
any such dealings or promotions.
TERMINATION You agree that
DuoServers, in its sole discretion, may terminate
your password, account (or any part thereof) or
use of the Service, and remove and discard any
Content within the Service if you violate these
terms.
SERVICE DENIAL DuoServers
reserves the right to reject its service and
terminate this agreement for a certain period of
time or indefinitely upon customers' failure to
pay. The customer then is considered a debtor to
DuoServers and liable for reasonable interest and
collection fees.
YOUR RESPONSIBILITIES You
are solely responsible for the content of your
messages. Using the DuoServers Service in
connection with surveys, contests, pyramid
schemes, chain letters, junk e-mail, spamming or
any duplicative or unsolicited messages
(commercial or otherwise) is prohibited.
In
consideration of your use of the Service, you
agree to:
1. Provide true, accurate,
current and complete information about yourself as
prompted by the registration formo of the
Service.
2. Maintain and promptly inform us
to update Registration Data to keep it true,
accurate, current and complete. If you provide any
information that is untrue, inaccurate, not
current or incomplete, or DuoServers has
reasonable grounds to suspect that such
information is untrue, inaccurate, not current or
incomplete, DuoServers has the right to suspend or
terminate your account and refuse any and all
current or future use of the Service (or any
portion thereof).
3. When signing up for un
account with DuoServers, each customer agrees to
submit correct and up-to-date contact details,
meaning that when introducing any changes to this
information, he/she is obliged to notify
DuoServers in the course of a 10-business-day
period after the changes become valid. The
introduction of changes should be done online
through customer's Control Panel, not via e-mail.
This requirement is also in force for DuoServers -
customers will always be aware of any contact
information changes that the company places within
its website. This way, a flawless communication
process between both sides is
guaranteed.
4. You will receive a password
and account designation upon completing the
registration process of the Service. You are
responsible for maintaining the confidentiality of
your password and account, and you are fully
responsible for all activities that occur under
your password or account. You agree to:
-
immediately notify DuoServers about any
unauthorized use of your password or account or
any other breach of security
- ensure that you
exit from your account at the end of each
session.
DuoServers cannot and will not be
liable for any loss or damage arising from your
failure to comply with this.
5. Any
Customer in violation of system or network
security is subject to criminal and civil
liability, as well as immediate account
termination. Examples include, but are not limited
to the following: Unauthorized access, use, probe,
or scan of a systems security or authentication
measures, data or traffic. Interference with
service to any user, host or network including,
without limitation, e-mail bombing, flooding
deliberate attempts to overload a system and
broadcast attacks. Forging of any TCP/IP packet
header or any part of the header information in an
e-mail or newsgroup posting.
6. Harm to
DuoServers Servers - any attempts for doing harm
to a server or customer of DuoServers Services are
explicitly banned
- Acceptable Use of Services
/ Acceptable Access to Services - DuoServers will
immediately and resolutely react to any attempt of
use of an Internet account or computer by a
DuoServers customer unauthorized by the account or
computer owner. Such attempts include "Internet
scamming" (tricking other people into releasing
their passwords and etc.), password robbery,
security hole scanning etc. It DOES NOT matter
whether the attacked account or computer belongs
or not to DuoServers Services, the fraud will be
subject to actions based on the very nature of the
attack which could be a warning, an account
suspension or cancellation and civil or criminal
legal action.
7. CPU usage (or usage of the
Central Processing Unit(s)) on the web server
Customer's account is hosted on is subject to some
regulations. That means that each hosting account
can take advantage of up to 10% of the CPU power
for no longer than 180 seconds at any given time
or 3% in the course of 24 hours. DuoServers
strongly requires that customers be very judicious
when using the CPU power for their accounts.
Otherwise, we may suspend customer accounts in
cases of registered impact on other accounts on
the server or disturbance caused to the
functioning of the server. If we do suspend an
account, then its owner will be notified of that
in consistence with the situation that this
suspension may provoke. Then the account's owner
may be required to upgrade to a dedicated or
semi-dedicated web hosting solution. Possible
alternative is a required reduction in the load
and traffic that the customer's account gets.
DuoServers reserves the right to block files or
scripts that use CPU exceedingly and notify
clients.
8. Customer agrees not to publish
on or over its account any information, software
or other content, which violates or infringes upon
the rights of any others or which knowingly
contravenes the laws of any jurisdiction in which
such content is generally accessible.
9.
Users are NOT allowed to send more than 1500
emails per day per hosting account.
10.
Business account clients are entitled to upload
web content, which amounts to 15 GB of disk space,
while Corporate account clients can upload web
content, which amounts to no more than 25 GB of
disk space. In both cases, customers? email boxes
should not exceed 1GB of disk space. If they do,
DuoServers.com will contact the respective
customers and let them know that in two days? time
they must clean up their e-mail boxes so that they
do not exceed 1GB. If the client refuses to
maintain maximum 1 GB of disk space for his/her
email boxes, then DuoServers.com might prevent
that client from receiving any more email
messages.
11. Each account is entitled to
host up to 50.000 files.
12. DuoServers
does NOT allow sites that provide any content,
points of distribution, or 'links' to sites
that:
- infringe on any third party's
intellectual property or proprietary rights, or
rights of publicity or privacy
- violate any
law, statute, ordinance or regulation
- are
defamatory, trade libelous, threatening,
unlawfully harassing, abusive, pornographic or
obscene
- contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or
any other similar software or programs that may
damage the operation of another's computer or
property of another
- contain Pirated or
Hacking / Phreaking Software (Warez)- Any software
that is copyrighted and not freely available for
distribution without cost. ROMs, ROM Emulators and
Mpeg Layer 3 files (MP3) all fall under this
jurisdiction
- have Adult Sites (content) - Any
erotic or pornographic material, links to adult
sites, or advertisements of adult sites.
CUSTOMER WEBSITE;
E-COMMERCE;
CUSTOMER
WARRANTIES/GUARANTIES 1. When buying an
allocated space on DuoServers servers, customers
agree to be fully responsible for the development,
operation and maintenance of their web site,
online store and e-commerce activities within that
space. Each customer is in charge of all the
products and services as well as of all contents
and materials appearing online, including:
-
the accuracy and relevance of Customer Content and
content and material showcased in its store or on
its products
- certainty that the Customer
Content and content and materials appearing in its
store or on its products do not violate or
infringe upon the rights of any person
-
certainty that the Customer Content and the
content and materials appearing in his/her store
or on his/her products are not calumnious or
somehow illegal. Customer is the only one in
charge of approving, processing and filling
customer orders and of taking care of customer
requests or complaints. Customer is the one in
charge of the payment or satisfaction of any and
all taxes related to his/her web site and online
store.
2. Customer bears the responsibility
for ensuring the security and confidentiality of
any customer data (including, without limitation,
customer credit card numbers) that he/she may
receive in connection with his/her web site or
online store.
3. Each Customer guarantees
to DuoServers that he/she owns or possesses the
right to use the Customer Content and its
material, including all text, graphics, sound,
music, video, programming, scripts and applets.
Each Customer warrants to DuoServers that the use,
reproduction, propagation and transmission of the
Customer Content and any information and materials
contained inside do not, and will not:
-
infringe or abuse any copyright, patent,
trademark, trade secret or any other proprietary
right of a third party
- break any criminal
laws or manifest false advertising, unfair
competition, vilification, privacy intrusion;
violate a right of publicity or violate any other
law or regulation. Each Customer empowers
DuoServers to reproduce, copy, use and propagate
all and any part of the Customer Content for
ensuring and operating the Services. DuoServers is
granted the right to assess the extent these
operations need to be done.
Torturous Conduct Any case
of indecent treatment towards a DuoServers
employee will be considered inappropriate. Each
Customer is anticipated to conduct a
professionally mannered communication with
DuoServers employees regarding any requests for
help through e-mail or by means of the Ticket Desk
Support System. Each Customer should avoid
applying any forms of written emotional outburst
or cursing. Any attempts of deliberately
undermining behavior will be interpreted as a
breach of this TOS.
Other acts of treatment
towards DuoServers employees that will be
considered as unacceptable include any verbal,
oral, written or delivered by a second party
threats addressing DuoServers or any of its
employees, partners, equipment, and concerns. Any
forms of such threats will be interpreted as a
breach of this TOS. DuoServers keeps the right to
assess which behaviour will be treated as a breach
of this TOS and to give no refunds to the users
whose accounts have been suspended for violating
the aforementioned rules.
SPAMMING IS PROHIBITED We
will determine in our sole discretion whether any
of the messages you send are spam. For your
information, spamming generally includes, but is
not limited to:
- the sending of unsolicited
messages in bulk, or the sending of unsolicited
e-mails, which provoke complaints from
recipients
- the sending of junk mail
- the
use of distribution lists that include people who
have not given specific permission to be included
in such a distribution process
- posting
commercial ads to USENET newsgroups that do not
permit it
- posting articles containing binary
encoded data to non-binary newsgroups
-
excessive and repeated posting of off-topic
messages to newsgroups
- excessive and repeated
cross-posting
- e-mail harassment of another
Internet Customer or Customers, including but not
limited to, transmitting any threatening, libelous
or obscene material, or material of any nature
which could be deemed to be offensive
- the
e-mailing of age-inappropriate communications or
content to anyone under the age of 18
-
"Spamming" is considered as explicit misuse of
ethical principles and will be interpreted as a
violation of them
- The maximum number of
allowed e-mail messages sent per day is 1500.
There are no exceptions to this rule. Every
customer who is sending more than 1500 e-mail
messages per day needs a dedicated server and
cannot use a shared hosting account.
NEWS RELEASES Forward
Looking Statements: these refer to any
predications within this website that are not
based on objective facts and express expectations
with regard to forthcoming events. Such statements
cannot be treated as reality-based because it is
possible that they happen to deviate from actual
circumstances. Forward Looking Statements can be
recognized by the availability of indicative words
such as "believes", anticipates," "plans," "may,"
"hopes," "can," "will," "expects," "is designed
to," "with the intent," "potential". However,
their availability is not a compulsory requirement
for a forward-looking statement to be treated as
such.
FORCE MAJEURE
CIRCUMSTANCES DuoServers will be in an
off-liability position as regards the failure or
delay in doing its professional duties in
consequence of circumstances beyond its control.
Such circumstances could be provoked by acts of
any governmental body, war, rebellion, sabotage,
embargo, fire, flood, strike or other labor
disturbance, interruption of or delay in
transportation, unavailability of, interruption or
delay in telecommunications or third party
services (including DNS propagation), failure of
third party software or hardware or inability to
obtain raw materials, supplies or power used in or
equipment needed for provisioning of the
Services.
This agreement constitutes the
whole act of convention between the parties with
regard to the agreement signed between them. It is
not subject to any amendments, modifications, or
any other alterations with the exception of
changes introduced through a written instrument
that is signed by the party to be charged.
-
This Agreement shall be interpreted in consistence
with the laws of the State of Florida.
- This
Agreement shall be in force and effect entirely to
the benefit of the parties hereto and their
respective heirs, executors, administrators,
successors and assigns. - The captions and
headings contained in this TOS are aimed at
facilitating the text comprehension. They are not
a part of the very Agreement, and shall not limit
or construe the provision they refer to. - This
Agreement may be executed in counterparts, which
will be considered as original.
COPYRIGHTS
Copyrighted
material must not be placed on Customers' accounts
without the permission of the copyright owners or
people that are specifically authorized by the
copyright owners. Only copyright owners or people
specifically authorized by them may upload
copyrighted material to the account.
Upon our receipt of a notice of a
claimed copyright infringement containing the
above information, after confirmation we will
promptly remove the allegedly infringing material
from the Services and carry out further procedures
if necessary. We will assume no liability to any
Customer of the Services for the removal of any
such material.
Please report any violations of the
Terms of Service to abuse@DuoServers.com
ASSIGNMENT Customer shall
not have the right to assign this Agreement
without the written permission of DuoServers. This
Agreement shall be in force and effect to the
total benefit of Customer and DuoServers and their
successors and permitted
assigns. |
