These Terms and Conditions govern the provision of the Semi-Dedicated server hosting services
(referred herein as the 'Service(s)') provided by Q1Hosting, a company in association with
LiquidNet Ltd., registered in the United Kingdom, registration No. 4654498. Q1Hosting and
LiquidNet Ltd. will be referred to as PROVIDER for the sake of brevity in this document.
When signing up for a Semi-Dedicated hosting account with the Provider, the Customer agrees to
abide by the rules and provisions explicated in these Semi-Dedicated Terms of Service, as well
as all the coherent policies (Order Verification Policy, Acceptable Use Policy, etc.) mentioned
herein.
The Customer of our Services should also be aware that when signing up for a Semi-Dedicated
hosting account with the Provider, he/or she agrees to position data on our servers and make
it accessible to the wide internet public. In this respect, the Customer understands and
agrees that it is beyond the power of the Provider to restrict any public access to this
data and guarantee the security of the Customer's files. The Customer, therefore, is
completely in charge of protecting his/her web content on our servers and should consider
carefully each piece of information before uploading it to his/her newly allocated Semi-Dedicated
server space. We highly recommend that Customers avoid publishing online personal data that
could be abused.
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SERVICE AGREEMENT; ENTIRE AGREEMENT
The Provider shall provide its Services to You - the Customer - under the Terms and
Conditions explicated in this Service Agreement. The Agreement is intended to keep the
integrity of both the Provider 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.
The Service Agreement, together with the Order Form, the Acceptable Use Policy (AUP),
and any other policies or agreements mentioned in this document, constitute the whole
act of convention between the Provider and the Customer.
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SEMI-DEDICATED SERVER HOSTING SERVICES - FEATURES, RULES FOR ACTIVATION AND PAYMENT BASIS
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SERVICE FEATURES
Basic Features:
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Disk Space - UNLIMITED
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Traffic - UNLIMITED
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Hosted Domains - UNLIMITED
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Domain Registration/Transfer - available at a regular or discounted price
(depending on the chosen TLD) at Sign Up, and also (later on) as upgrade from
the Customer's Web Hosting Control Panel (at a regular price). Each account can
host a maximum of one discounted domain name. Domain registrations are final
and are not subject to refund. More information regarding domain names can be
found further in this TOS (Terms of Service), in our Domain Name Registration
Agreement and in the Domain Name Dispute Resolution Policy.
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E-mail accounts - Semi-Dedicated package 1 supports 100 e-mail accounts;
Semi-Dedicated package 2 supports UNLIMITED number of e-mail accounts.
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MySQL/PostgreSQL Databases - At sign up, Semi-Dedicated package 1 supports
20 MySQL databases & 1 PostgreSQL Database; Semi-Dedicated package 2 supports
50 MySQL databases & 2 PostgreSQL Databases. Additional databases can be purchased
as upgrade. Contact sales for more information.
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MySQL/PostgreSQL Database Storage - Each Semi-Dedicated package has a fixed
database storage quota. Semi-Dedicated package 1 provides 180 MB MySQL & 80 MB
PostgreSQL database storage; Semi-Dedicated package 2 provides 360 MB MySQL & 160 MB
PostgreSQL database storage. Additional database storage is available as upgrade.
Contact sales for pricing.
Optional Features:
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IP Address - The Provider's Semi-Dedicated hosting services do not include IP
addresses. For many customers IP address is important for starting SSL hosts,
that's why we allow the purchasing of IP addresses. Payment is accepted only
in advance per year. Contact sales for more information.
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SSH - Optional. Contact sales for more information.
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ID Protection - This service ensures that your private contact information
will not be visible in the domain's WHOIS details. Optional with the two
Semi-Dedicated packages, but available only with certain TLDs (not all TLD
registries support the IDP service).
More comprehensive information about all features included in our Semi-Dedicated
hosting services is available on our semi-dedicated hosting pages.
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RULES FOR ACTIVATION; SERVICE PAYMENT
Upon submitting of the online order form, the Customer agrees to abide by our
Order Verification Policy and the following provisions:
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The payment of the Semi-Dedicated service is set up on a monthly basis.
The Customer agrees to pay for the rendered Service in advance for each
monthly service term.
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Non-Payment of the Service shall result in an inmediate service suspension
at the due date of the monthly fee. The data hosted on the Semi-Dedicated
server will be kept for one month, after that it will be permanently deleted.
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Setup fees and monthly service fees are non-refundable. The Customer agrees
to a no-refund policy in advance.
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SERVICE GUARANTEES
The Provider guarantees 99.9% network uptime and server stability. This,
however, does not refer to problems stemming from:
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Server Hardware Breakdown;
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User error(s) or purposeful interruption(s) of the user service (e.g. if the
client shuts his/her own server down, the Provider is not responsible for the
downtime);
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Failure due to software that is not explicitly supported by the Provider.
If a hardware crash provoked by the Customer consequently happens, the
Provider is beyond the control and responsibility for the resulting downtime.
For more information, please refer to our Service Level Guarantees.
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DATA BACKUP
Data backup is performed on a daily basis. The backup includes all the contents
of a client's /www/ folder, as well as all databases.
Important: The available space for a Customer's backup is 5 GB of disk storage.
User accounts with content over 5 GB cannot be (partially or entirely) backed up.
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SERVICE ACTIVATION AND CONTINUANCE TIMESCALES
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SERVICE ACTIVATION
For newly signed up clients - The Services are activated immediately after our
Sales Department gets in touch with the Customer over the phone to verify the
payment details (this is required due to the high fraud activity spreading online,
and in order to be prevented fraudulent orders). The payment verification procedure
is obligatory and if we fail to approve a transaction within 48 hours of the payment
submission, the funds will be credited back to the payer and the order will be canceled.
For existing customers - The Services for existing Customers, including
upgrade services and renewals, are activated immediately after our Sales
Department receives the according service payment.
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CONTINUANCE TIMESCALES
Semi-Dedicated Accounts - The newly-created Semi-Dedicated hosting accounts
with the Provider are valid for 1 month. They can be renewed on a monthly basis,
i.e. for another month that will be added to the official expiration date of the
Semi-Dedicated server account.
Domain Name Registrations/Transfers - The Provider offers for registration/transfer
all TLDs (Top-Level Domains) displayed in the table below. A domain name can be
purchased either at sign up together with the Semi-Dedicated account (at a regular
or PROMOTIONAL price) or separately (later on) as an upgrade from the Customer's Web
Hosting Control Panel. The table below displays the minimum and maximum registration
periods, as well as the annual NON-PROMOTIONAL prices of all TLDs:
| tld |
min/max period of registration @ min period price |
| .com | 1-10 years @ $10.99 per year | | .net | 1-10 years @ $10.99 per year | | .org | 1-10 years @ $10.99 per year | | .we.bs | 1-10 years @ $4.99 per year | | .info | 1-10 years @ $10.99 per year | | .biz | 1-10 years @ $10.99 per year | | .us | 1-10 years @ $10.99 per year | | .co.uk | 2 years @ $20.99 | | .ca | 1-10 years @ $22.99 per year | | .eu | 1 years @ $15.99 per year | | .com.au | 2 years @ $29.99 | | .co | 1-5 years @ $33.00 per year | | .co.za | 1 years @ $25.00 per year | | .es | 1-5 years @ $20.00 per year | | .me | 1-10 years @ $28.99 per year | | .tv | 1-10 years @ $50.99 per year | | .pro | 1-10 years @ $28.00 per year | | .in | 1-5 years @ $23.99 per year | | .de | 1-10 years @ $23.99 per year | | .se | 1 years @ $52.00 per year | | .co.nz | 1 years @ $25.00 per year | | .jp | 1 years @ $95.99 per year | | .name | 1-10 years @ $14.99 per year | | .mobi | 1-10 years @ $22.99 per year | | .cc | 1-10 years @ $30.99 per year | | .ws | 1-10 years @ $30.99 per year | | .be | 1 years @ $27.99 per year | | .com.mx | 1 years @ $30.00 per year | | .org.uk | 2 years @ $20.99 | | .me.uk | 2 years @ $20.99 | | .net.au | 2 years @ $29.00 | | .at | 1 years @ $85.99 per year | | .nu | 2-10 years @ $60.99 | | .asia | 1-10 years @ $28.99 per year | | .net.nz | 1 years @ $25.00 per year | | .org.nz | 1 years @ $25.00 per year | | .cn | 1-5 years @ $30.99 per year | | .com.cn | 1-5 years @ $30.99 per year | | .net.cn | 1-5 years @ $30.99 per year | | .org.cn | 1-5 years @ $30.99 per year | | .tw | 1-10 years @ $44.99 per year | | .com.tw | 1-10 years @ $44.99 per year | | .org.tw | 1-10 years @ $44.99 per year | | .idv.tw | 1-10 years @ $44.99 per year |
Domain Renewals - Domain names are valid for the period of their registration
(domain names can be registered for up to 10 years, depending on the domain name's
TLD extension). After the expiration of a domain name several stages follow regarding
its renewal.
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The domain name Redemption Grace Period (RGP) is a registry level period of up to
30 days after a domain name's expiration date. During this period the domain name
is kept on hold by the Registrar before it gets deleted. The domain registrant is
allowed to retrieve the domain name from deletion, but this process costs
additional redemption fee. This extra 30-day period extends the time available
for renewing domain names. However, all domains that enter a redemption period
are removed from the zone files (the list of domain names currently in the global
DNS), therefore any web site or e-mail services associated with the domain name
will stop working.
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Extended Redemption Grace Period - the extended redemption period adds another
7 - 30 days to the domain name's redemption period. During this period the
domain name owner is allowed to retrieve the domain name from deletion by
contacting the domain's registrar.
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After the redemption period of an expired domain name is over, follows the
Pending Delete Period - a registry level period of up to 5 days during which
no one is allowed to renew the domain name and it cannot be newly registered
because it's still not returned to the public pool of domain names.
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Released by Registry Period - after the domain name's 'Pending Delete Period'
is over, the domain name is released back into the public pool of domain names
and is newly available for registration.
We strongly recommend that Customers renew their domain registrations before their
domain names are placed into redemption period. After a domain name transits in
redemption period, we are not able to prevent its zone files from being removed
from the DNS system, and any web site and associated services will cease working.
We can assist Customers in retrieving their domain names only if the domain names
were registered with us. Customers will be charged a REDEMPTION FEE of $270.00 USD
for each domain registration renewal. If the domain name was registered with another
registrar, the Customer needs to contact that registrar for more information regarding
its retrieving.
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CANCELLATION, REFUND & MONEY-BACK; CHARGEBACKS
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CANCELLATIONS
In order to cancel a Semi-Dedicated account, the Customer must send a support
ticket to the Provider's Sales Department via his/her Web Hosting Control Panel
and provide any authentication credentials requested by the Provider. Other forms
of cancellation requests will not be accepted.
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REFUNDS
Semi-Dedicated server accounts - The Semi-Dedicated accounts are set up on a
monthly prepay basis. Customers may cancel their accounts at any time, however
they will not be entitled to a refund for the unused period of the prepaid month,
since these services do NOT include Money Back Guarantee. Any incentives offered
to the Customers upon sign-up will be also canceled.
Domain Name Registrations/Transfers - Domain name registrations/transfers are also
treated as non-refundable services and cannot be cancelled or refunded after
activated upon Customer request. The domain name owner will have access to a
domain management account, and will be able to transfer the domain name to another
registrar.
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CHARGEBACKS
Chargebacks are not considered as a way of refunding. Any Customer who initiates a
credit card chargeback in response to a bill or order placed with the Provider will
be subject to full investigation.
When signing up for a Semi-Dedicated server account with the Provider the Customer
agrees to the terms and conditions explicated in this document (and its coherent
policies). Thus, the Provider and its authorized retailers (PayPal, WorldPay,
2CheckOut), will resort to these documents as an evidence for the Customer's
agreement, especially in the event that a Customer sends a chargeback inquiry
based on points that he/or she first accepted, but is trying now to refute.
If/When a chargeback report is received, the first step of the Provider's Customer
Care team will be to try to contact the user. Meanwhile, the Customer's Semi-Dedicated
account will be suspended (in order to protect our system from fraudulent activity
and misuse) and will remain suspended until the reasons for the chargeback have
been clarified and decision has been taken for according action.
If the chargeback has occurred due to some misunderstanding, a reverse payment
procedure will be initiated with the authorized retailers and eventually the
account will be re-activated.
If the Customer has sent a chargeback request based on groundless argumentations
(according to the Provider's own judgment and these Semi-Dedicated Terms of Service),
then a dispute will be started with the authorized retailers in which these Terms of
Service and the AUP of the Provider will serve as evidence of the Customer's agreement.
The retailers then, taking into consideration all provisions in these legal
documents, will decide whether the Customer has had sufficient grounds for the
chargeback or the Provider has the right to a reverse payment.
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CUSTOMER RESPONSIBILITIES
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ACCOUNT REGISTRATION AND MANAGEMENT
In consideration of their use of the Service, Customers agree to:
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Provide true, accurate, current and complete information about
themselves as prompted by the registration form of the Service.
Maintain and promptly update their registration data to keep it true,
accurate, current and complete. If the Customer provides any information
that is untrue, inaccurate, not current or incomplete, or the Provider
has reasonable grounds (at its sole discretion) to suspect that such
information is untrue, inaccurate, not current or incomplete, the
Provider has the right to suspend or terminate the Customer's account
and refuse any and all current or future use of the Service (or any
portion thereof). If untrue details are used in order to avoid VAT the
customer can be held responsible by the respective national tax collecting
agency.
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When introducing any changes to their contact details, Customers
are obliged to notify the Provider in the course of 10 business
days after the changes become valid. The introduction of changes
should be done online through the customers' Web Hosting Control
Panel, not via e-mail.
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Customers will receive a password and account designation upon
completing of the registration process of the Service. Customers
are responsible for keeping the confidentiality of their passwords
and accounts, and are fully responsible for all activities that occur
under that password or account. Customers agree to: a) immediately
notify the Provider about any unauthorized use of their password or
account or any other breach of security; b) ensure that they safely
exit (log out from) their account at the end of each session. The
Provider cannot and will not be liable for any loss or damage of
account information arising from Customer's failure to comply with
this provision.
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If a Semi-Dedicated hosting account is registered with details
different than those of the person who paid for the account, and
in the case of any dispute, the Provider will take the side of the
person who paid for the account and shall not provide access to
any other person, since - a hosting account owner is and will be
considered to be the credit card /PayPal account holder.
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ACCOUNT USAGE
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CPU usage (or usage of the Central Processing Unit(s) of the web server
the Customer's Semi-Dedicated account is hosted on) - The CPU usage is
subject to some regulations. Both Semi-Dedicated packages can use up a
given of the CPU power of the server for no longer than 180 seconds at
any given time, and/or the given quota in the plan features description
per 24 hours (15% for Semi-Dedicated package 1 and 25 % for Semi-Dedicated
package 2). The Provider strongly recommends that Customers be very judicious
when using the CPU power for their accounts. If we do register a Customer
over-usage of CPU, we will immediately notify the Customer and offer
him/her to place an order for a CPU upgrade. We reserve the right to
block files or scripts that excessively use CPU. We may suspend also
the Customer account in the case of registered impact on other accounts
on the server or disturbance caused to its functioning.
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E-mails - Customers are NOT allowed to send more than 10,000 emails per
day per Semi-Dedicated server hosting account. Each email message can have
up to 300 recipients.
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File Quota - Each Semi-Dedicated hosting account is entitled to host up to
300,000 files.
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Disk Space & Traffic - The Provider offers generous amounts of disk
space and network bandwidth. Customers must not allow other websites or
hosting servers to link to files stored in their Semi-Dedicated hosting
accounts, and thus steal network traffic. In order to escape unjust
distribution of the resources, as well as possible sharing of illegal content,
Customers are not allowed to use their Semi-Dedicated hosting accounts
as a remote storage server only or solely for the purpose of sharing
(un)archived images, programs or sound files. At least 80% of all files
and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR,
but not limited to these file types) in each Semi-Dedicated hosting account
must be a part of actual, active website content, i.e. all content files
must have corresponding HTML or PHP files that link to them. Furthermore,
these files may amount to no more than 50% of the Customer's total monthly
traffic usage. Upon request, each Customer must be able to prove that a
given file is a constituent part of an actual page and not only stored on
the server within 24 hours of the request.
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MySQL Usage - Each database hosted in our system can be used only by the
user who created it. Another user, whose account is hosted on the same or
on another server, cannot use the database created in the first-mentioned
Customer account. The MySQL database has a limit of 90,000 queries per hour
for Semi-Dedicated package 1 and 130,000 queries for Semi-Dedicated package
2. If the Customer has reached the limit of allowed queries per a given hour,
he/she will not be able to make any more queries.
In the next hour the Customer will have access to the
database again and the counter will be reset.
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NO UNLAWFUL OR PROHIBITED USE
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SERVER USAGE
The Provider expressly bans the use of any Semi-Dedicated server hardware or software
for trying to illegally access another hosted machine or network. Customers may not
attempt to gain unauthorized access to any of the Provider's Services, other accounts,
computer systems or networks connected to any of the Provider's Services, through
hacking, password mining or other means of close nature. Customers may not obtain
or attempt to obtain any materials or information through any means not intentionally
made available by the Provider's Services. For more detailed information regarding
all prohibited uses of our server network, please closely review next chapter of
these Terms and our Acceptable Use Policy (AUP). If you still have inquiries over
the matter, feel free to contact any of our Customer Care representatives.
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HOSTED CONTENT
Server content MUST comply with the parameters stated in this TOS and our Acceptable
Use Policy. Web content requirements exclude the publication of illegal content or
content considered inappropriate otherwise. If any of the Provider's Services are
used for the illegal purpose of SPAM or UCE, they will be instantly terminated.
Customers are solely responsible for the content of their messages. Using the
Provider's Services in connection with surveys, contests, pyramid schemes,
chain letters, junk e-mail, spamming or any duplicative or unsolicited messages
(commercial or other) is prohibited. In this light, the Provider expressly
forbids any breach of Federal, State or Local regulation, including, but not
limited to, the transmission of: copyrighted material, material legally judged
to be threatening or obscene, and material protected by trade secrets. The
Provider's Semi-Dedicated 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 Provider's Semi-Dedicated Terms of Service (this document) and the Acceptable
Use Policy (AUP).
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CUSTOMER AGREEMENT
As a condition for Customer use of the Provider's Services, you - the Customer,
agree that you will not use the Services for any purpose that is unlawful or
prohibited by these terms, conditions, and notices, and our Acceptable Use
Policy (AUP). The Provider's Semi-Dedicated servers can be used explicitly
and only for legal purposes, and each attempt for taking indecent advantage
of the servers, inconsistent with the rules, will be immediately counteracted.
The Provider reserves the right at any time to disclose any information, as
the Provider deems necessary, to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove from
the Services any information or materials, in whole or in part, in the sole
discretion of the Provider.
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E-COMMERCE CUSTOMER WEBSITES
When buying a Semi-Dedicated server for the purpose of creating an e-commerce online
store or related e-commerce activities website, the Customer agrees to be fully responsible
for the development, operation and maintenance of his/her web site/online store and
e-commerce activities within that website. The Customer is the only one in charge of
approving, processing and filling client orders and taking care of client requests or
complaints. The Customer is also the only one in charge of the payment or satisfaction
of any and all taxes related to his/her web site and online store. The Customer bears
the responsibility for ensuring the security and confidentiality of any clients' data
(including, without limitation, customer credit card numbers) that he/she may receive
in connection with his/her web site or online store.
Each Customer is in charge of all products and services, as well as all contents and
materials appearing online, including:
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the accuracy and relevance of Customer Content, and content and material showcased
in the Customer store or on its products;
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certainty that the Customer Content and content and materials appearing in the Customer
store or on its products do not violate or infringe upon the rights of any person;
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certainty that the Customer Content and the content and materials appearing in the
Customer store or on its products are not calumnitous or somehow illegal.
Each Customer guarantees to the Provider that he/she owns 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 the Provider that the use, reproduction,
propagation and transmission of the Customer Content and any information and materials
contained inside do not, and will not:
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infringe or abuse any copyright, patent, trademark, trade secret or any other
proprietary right of a third party;
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break any criminal law or manifest false advertising, unfair competition, vilification,
privacy intrusion; violate a right of publicity or violate any other law or regulation.
Each Customer empowers the Provider to reproduce, copy, use and propagate all and any
part of the Customer Content for ensuring and operating the Services. The Provider is
granted the right to estimate, at its own discretion, the extent to which these
operations may be carried out.
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REFUSAL OF SERVICE
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SERVICE DENIAL
The Provider will thoroughly scrutinize all received orders and decide, to its own
discretion, which of them do not comply with the officially stated requirements for
use of the Provider's Semi-Dedicated servers. The Provider reserves the right to
refuse Service to unlawful parties.
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SERVICE DISCONTINUANCE
The Provider reserves the right to discontinue the provision of the Service (or
any part thereof) to any subscriber that has violated these Terms, as well as remove
and discard any Content within the Service, that the Provider deems, at its sole
discretion, has violated any condition of the Service explicated in these Terms and
Conditions and/or the Acceptable Use Policy.
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MISCELLANEOUS
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NEWS RELEASES
Certain sections of the Provider's news releases may contain forward-looking
statements projecting future events, such as new software incorporations,
updates, promotions, hosting introductions, etc. It is possible that these
statements may deviate from the actual circumstances, since they are treated
as intentions and express expectations and approximate plans of action regarding
the relevant forthcoming events.
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", etc. However,
their availability is not a prerequisite for a forward-looking statement to
be treated as such.
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NOTICES
Notices, including notices concerning breach of this Agreement will be sent
either to the e-mail address provided by the Customer at sign up, OR mailed by
first class mail to the postal address that the Customer has on file with the
Provider. In both cases, delivery shall be deemed to have been made five (5)
days after the notice has been sent. Notices from the Customer to the Provider
should be sent to the address provided on the Provider's website.
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COMPLAINTS PROCEDURE
The Provider guarantees highest level Customer Care service round the clock.
If you feel dissatisfied with any aspect of the Service, feel free to make use
of our complaints procedure detailed below.
In order to file a complaint, please send us an email to complaints@duoservers.com,
specifying the nature of the problem you are experiencing. Please, provide as many
details about your particular case as possible. The more we know about the situation,
the better, prompt and adequate our resolution will be.
Here are our steps of addressing every single complaint:
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The Provider will confirm receipt of your complaint in writing, confirming
that the complaint will be addressed without delay. The Provider reserves
the right to refuse to investigate a complaint that is obviously frivolous,
abusive or offensive.
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Provider's Customer Care representative will review your situation, look for
an appropriate solution and inform you of the timeframe within which a response
should be expected.
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If the Provider's Customer Care representative can't resolve your complaint
within the pre-announced period, your complaint will be escalated to a Customer
Care manager.
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If the Customer Care manager can't resolve your complaint, as well, it will be
forwarded to the Company Director, who will investigate the case to ensure that
all necessary measures have been taken and will respond in writing within two
working days, and reply with a solution within five working days.
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An alternative complaint method is submitting a fax to the following number:
510.868.6446
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TORTUROUS CONDUCT
Any way of indecent treatment towards a Provider's Customer Care employee will
be considered as totally inappropriate and unacceptable. Each Customer is expected
to communicate in an utterly polite and professional manner with the Provider's
employees regarding any request for help or consultation via e-mail, chat, phone
or through our Ticket Desk Support System. Each Customer is expected to avoid any
form of emotional outburst or inappropriate language, or any other attempt to be
undermined the importance of good ethics in communication and human relations.
Any act of close nature, or other type of offensive, abusive, disrespectful or
condescending behavior - oral, written, or delivered by a second party - to members
of the Provider's Customer Care stuff will be interpreted as a breach of this TOS.
The Provider reserves the right to assess at its sole discretion which behavior is
to be considered as a violation of the hereby stated rule and agreement, and to
undertake according actions.
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CUSTOMER SERVICE CONTACT DETAILS
Customers can get in touch with our Customer Care representatives via any of the
options listed below.
Technical Support
Via the ticketing systems - open a trouble ticket from the Web Hosting Control
Panel (section Help Center - > Open New Ticket). 1-hour support response is
guaranteed! (anchor to 1-hour Support Response Guarantee from Service Level
Guarantees popup)
Pre-sale and general questions
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Phone or Fax us at:
US TOLL FREE PHONE: +1-800-574-0902
INTERNATIONAL PHONE: +1-510-870-0646
UK PHONE : +44-20-7993-2673
AU PHONE : +61-2-8014-8213
US FAX: +1-510-868-6446
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E-mail us using our Contact Us form
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Use our Live Chat
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Send us a Letter to:
13 Craigleith
7 Kersfield Road
Putney, London SW15 3HN
United Kingdom
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GENERAL REGULATIONS
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GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida, US.
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ARBITRATION
Any controversy or claim arising out of or relating to this Agreement, or any breach
of this Agreement, in excess of $250.00 USD, will be settled in accordance with the
commercial arbitration rules of the American Arbitration Association.
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ENFORCEMENT
Failure to enforce any of the provisions of this Agreement shall in no way be
considered to be a waiver of these provisions, or to affect in any way the validity
of this Agreement. If one or more of the provisions contained in this Agreement
are found to be invalid, illegal or unenforceable in any respect, the validity,
legality and enforceability of the remaining provisions shall remain in full force
and effect.
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INDEMNIFICATION
The Customer agrees to indemnify the Provider, its management body and employees
(each an "Indemnified Party") against any losses, claims, damages, liabilities,
penalties, court actions, proceedings or judgments (collectively, "Losses") to
which the Indemnified Party may become subject, and out of which Losses arise or
relate to this Agreement or the Customer's use of the Services. The Customer agrees
to reimburse the Indemnified Party for all legal and other expenses, including any
attorney fees paid by the Indemnified Party in connection with investigating,
defending or settling any Loss whether or not in connection with pending or threatened
litigation in which the Indemnified Party is a party.
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LIMITATION ON PROVIDER'S LIABILITY
Force Majeure Circumstances - the Provider shall not be liable for any failure in
the provision of the Services to the Customer resulting, directly or indirectly,
from any (i) weather conditions and natural disasters, (ii) actions of any governmental
or military authority, (iii) failure caused by telecommunications or Internet provider,
or (iv)other force or occurrence beyond its control.
Damages & Losses - the Provider shall not be liable for (i) any indirect, incidental,
special or consequential damages, OR for any loss of profits or loss of revenues
resulting from the use of the Provider's Services by the Customer or any third parties,
or (ii) any loss of data resulting from delays, non-deliveries or service interruptions.
Service Provision - the Provider provides the Services on an "AS IS" basis, without
any warranties, including but not limited to, implied warranties, merchantability,
or fitness of the Services for any particular purpose. The Customer shall be solely
responsible for the selection, use and suitability of the Services, and the Provider
shall have no liability therefore.
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ASSIGNMENT
Customers do not have the right to assign this Agreement without the explicit permission
of the Provider. This Agreement shall be in force and effect to the total benefit of the
Customer and the Provider and their successors and permitted assigns.
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REVISIONS
The Provider reserves the right to revise this document at any time, without prior notice.
Customers are encouraged therefore to periodically review these Semi-Dedicated Terms of
Service and the Acceptable Use Policy.
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