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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.
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. Each account is entitled to host up to 50.000
files.
11. 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.
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