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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 mailto:billing@DuoServers.com?subject=refund
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. |
