e-Planet Server by OwenProCo, Inc. Terms of Service
The service that is subject to the following agreement is provided by
e-Planet Server by OwenProCo, Inc. in association with LiquidNet Ltd.,
registered in the United Kingdom, Registration No. 4654498. e-Planet Server by
OwenProCo, Inc. and LiquidNet Ltd. will be referred to as e-Planet Server by
OwenProCo, Inc. for the sake of brevity in this document.
You should be aware that by signing up for an account with e-Planet Server by
OwenProCo, Inc., 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 e-Planet Server by OwenProCo, Inc. to restrict such access and
guarantee the security of your files. You are completely in charge of protecting
your data on e-Planet Server by OwenProCo, Inc. servers, which suggests that you
would better consider carefully any piece of information before uploading it to
your newly allocated e-Planet Server by OwenProCo, Inc. 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.
You should abide by the Domain
Name Registration Agreement, which is an indivisible part of this document.
- ENTIRE AGREEMENT; SERVICE AGREEMENT
e-Planet Server by OwenProCo, Inc. shall provide its Services to You (the
Customer) under the Terms and conditions of this Customer Agreement. The
Agreement is intended to keep the integrity of both e-Planet Server by
OwenProCo, Inc. 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
e-Planet Server by OwenProCo, Inc. 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 e-Planet Server by OwenProCo, Inc. assumes no responsibility for
the timeliness, deletion, and failure to deliver or store any Customer
communication or personalization settings.
- e-Planet Server by OwenProCo, Inc. HOSTING SERVICES
A web hosting service is a type of Internet service that offers individuals
and organizations the opportunity to host their own websites, and to store
information, images, video, or other content accessible via the World Wide
Web. A Storage Service Provider (SSP) is a company that provides computer
storage space and related management services. SSPs also offer periodic
backup and archiving. e-Planet Server by OwenProCo, Inc. offers only web
hosting services, not data storage services. A web hosting service consists
of the following:
- Bandwidth - Each hosting plan includes prepaid monthly bandwidth in
Megabytes. This bandwidth quota is shared between all the sites in a
single hosting account. In case a hosting account exceeds its allowed
bandwidth, it will be suspended until beginning of the next month when
the quota will refresh automatically. Additional bandwidth is available.
Contact sales for more information.
Domains Hosted - e-Planet Server by OwenProCo, Inc. hosting plans include
domain hosting. Each hosting plan has a limit of the domains hosted.
- 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 cannot be refunded.
More detailed information regarding domain names can be found in the
Domain
Name Dispute Resolution Policy.
- Disk Space - Additional disk space is available. Payment is accepted only in
advance per year. Contact sales for more information.
- IP Address - For many customers an IP address is important for starting SSL
hosts and that's why we allow purchasing more IP addresses. In case your hosting
account does not include an IP address, please contact sales for more
information on how to obtain it. Payment is accepted only in advance per year.
- MySQL Database(s) - is/are included in all hosting plans. Additional MySQL
databases are available. Contact sales for more information.
- MySQL Database Storage - Each hosting account has a limit for MySQL database
storage. This storage is shared between all the MySQL databases in a single
hosting account. Additional MySQL database storage is available. Contact sales
for pricing.
- SSH (Secured Shell) - In case your hosting account does not include a SSH,
please contact sales for more information on how to obtain it. Payment is
accepted only in advance per year.
BACKGROUND OPERATIONS/PROGRAMS ON SERVERS
These programs, named cron jobs, can be continuously run by e-Planet Server by
OwenProCo, Inc. in the background. Their provision suggests additional fee in
accordance with system resources used and operational maintenance involved, if
needed. Generally, e-Planet Server by OwenProCo, Inc. avoids placing
complementary charges upon customers, providing the CronTab service that is
integrated in the hosting Control Panel. Optional e-Planet Server by OwenProCo,
Inc. 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. e-Planet Server by OwenProCo, Inc. ADDITIONAL SERVICES
OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS
AVAILABLE" BASIS. e-Planet Server by OwenProCo, Inc. REJECTS ANY IMPLIED
WARRANTIES. ANY OF e-Planet Server by OwenProCo, Inc.' 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
e-Planet Server by OwenProCo, Inc., INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND
INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR
TERMINATION OF SERVICES.
SERVICE GUARANTEES
e-Planet Server by OwenProCo, Inc. will guarantee 99.9% e-Planet Server by
OwenProCo, Inc. network uptime and 99.9% network stability uptime. 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, e-Planet Server by OwenProCo, Inc. is not
responsible for the downtime).
- Failures due to software that is not explicitly supported by e-Planet Server
by OwenProCo, Inc.. Consequently, if a hardware crash provoked by the customer
happens, e-Planet Server by OwenProCo, Inc. is beyond the control and
responsibility for the resulting downtime.
SERVER USAGE & HOSTED CONTENT
- 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
e-Planet Server by OwenProCo, Inc. Service representative regarding any
inquiries over the matter.
- If any of e-Planet Server by OwenProCo, Inc. Services are used for the illegal
purpose of SPAM or UCE, then they will be instantaneously terminated.
Unauthorized Access. e-Planet Server by OwenProCo, Inc. expressly bans the use
of any e-Planet Server by OwenProCo, Inc. hardware or software hosted on a
e-Planet Server by OwenProCo, Inc. server for trying to illegally access another
hosted machine or network.
- Using e-Planet Server by OwenProCo, Inc.'s temporary URL is not defined as
bandwidth stealing. However, customers are advised to use it temporarily and
e-Planet Server by OwenProCo, Inc. does not bear the responsibility, if we
change it afterwards - traffic processing there is not recommendable. It is not
recommendable to use e-Planet Server by OwenProCo, Inc.' temporary URL -
scXX.info/scXX.biz - 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. e-Planet Server by OwenProCo, Inc.
reserves the right to introduce certain changes to the packages (in the shape of
complementary services) to the benefit of customers.
MONEY BACK GUARANTEE
e-Planet Server by OwenProCo, Inc. offers a 30-day money back guarantee. If you
are not satisfied with our hosting service, you can email greg@owenproco.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 USD per year per domain
registration fee. You will be required to make a deposit of $9.95 USD for the
domain fee before receiving the refund for the hosting account.
PAYMENT, CHARGEBACKS AND RETURNED CHECKS
- e-Planet Server by OwenProCo, Inc. contracts with JCB / VISA / MASTER CARD
International and Discover Financial Services for chargeback procedures, thus
avoiding its merchant accounts involvement. When signing up for a web hosting
service with e-Planet Server by OwenProCo, Inc., customers agree to AUP (this
document) and the specified Terms & Conditions in this document. Thus,
e-Planet Server by OwenProCo, Inc. 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 e-Planet Server by
OwenProCo, Inc. 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.
- e-Planet Server by OwenProCo, Inc. will charge customers with fees based on
the fee structure at the time of the sign-up process. e-Planet Server by
OwenProCo, Inc. 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 owenprocohosting.com may differ from the pricing and features of the
customer's account.
- When signing up for an account with e-Planet Server by OwenProCo, Inc., the
customer agrees to pay for the period of one year (365 days). e-Planet Server by
OwenProCo, Inc. 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
e-Planet Server by OwenProCo, Inc. will be subject to collections and legal
action. He/she will be charged $29.00 USD, because when signing up with e-Planet
Server by OwenProCo, Inc., customers accept these terms and conditions, thus
agreeing to observe them strictly
WARRANTIES AND REPRESENTATIONS
e-Planet Server by OwenProCo, Inc. 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 e-Planet Server by OwenProCo, Inc. confronts with
service interruption issues.
FREE DOMAIN NAME PROMOTION
When e-Planet Server by OwenProCo, Inc. 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 USD 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 e-Planet Server by OwenProCo, Inc. Services,
you will not use the e-Planet Server by OwenProCo, Inc. 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 e-Planet Server by OwenProCo,
Inc. Services, other accounts, computer systems or networks connected to any
e-Planet Server by OwenProCo, Inc. 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
e-Planet Server by OwenProCo, Inc. Services. e-Planet Server by OwenProCo, Inc.
reserves the right at all times to disclose any information as e-Planet Server
by OwenProCo, Inc. 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
e-Planet Server by OwenProCo, Inc.. e-Planet Server by OwenProCo, Inc. is within
the capacity to refuse service to unlawful parties. e-Planet Server by
OwenProCo, Inc. 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, e-Planet Server by OwenProCo, Inc.
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. e-Planet Server by OwenProCo, Inc. 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. e-Planet Server by OwenProCo, Inc. 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
e-Planet Server by OwenProCo, Inc. 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.
e-Planet Server by OwenProCo, Inc. shall not be responsible or liable for any
part of any such dealings or promotions.
TERMINATION
You agree that e-Planet Server by OwenProCo, Inc., 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
e-Planet Server by OwenProCo, Inc. 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 e-Planet
Server by OwenProCo, Inc. and liable for reasonable interest and collection
fees.
YOUR RESPONSIBILITIES
You are solely responsible for the content of your messages. Using the e-Planet
Server by OwenProCo, Inc. 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:
- Provide true, accurate, current and complete information about yourself as
prompted by the registration form of the Service.
- 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 e-Planet Server by OwenProCo, Inc. has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, e-Planet Server by OwenProCo, Inc. 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).
- When signing up for un account with e-Planet Server by OwenProCo, Inc., 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
e-Planet Server by OwenProCo, Inc. 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 e-Planet Server by OwenProCo, Inc. - 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.
- 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 e-Planet Server by OwenProCo, Inc. 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.
e-Planet Server by OwenProCo, Inc. cannot and will not be liable for any loss
or damage arising from your failure to comply with this.
- 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.
- Harm to e-Planet Server by OwenProCo, Inc. Servers - any attempts for doing
harm to a server or customer of e-Planet Server by OwenProCo, Inc. Services are
explicitly banned
- Acceptable Use of Services / Acceptable Access to Services - e-Planet Server
by OwenProCo, Inc. will immediately and resolutely react to any attempt of use
of an Internet account or computer by a e-Planet Server by OwenProCo, Inc.
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 e-Planet Server by OwenProCo,
Inc. 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.
- 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 4.5% in the course of 24 hours.
e-Planet Server by OwenProCo, Inc. 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. e-Planet Server by OwenProCo, Inc. reserves the right
to block files or scripts that use CPU exceedingly and notify clients.
- 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.
- Users are NOT allowed to send more than 1500 emails per day per hosting
account.
- Each account is entitled to host up to 50 000 files.
- e-Planet Server by OwenProCo, Inc. offers generous amounts of disk space and
network bandwidth. The customers must not allow other websites or hosting
servers to link to files stored in their hosting accounts, and thus steal
network traffic. In order to escape unjust distribution of the resources, as
well as possible sharing of illegal content, the Customers are not allowed to
use their 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 extensions) in each hosting account must be a
part of actual, active website(s) content, i.e. all content files must have
corresponding HTML or PHP files, which link to them. Furthermore, these files
may amount to no more than 50% of the customer's total monthly traffic usage. If
requested, the Customer should 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.
- MySQL usage: each database hosted on our system can be used only by the user
who has created it. Another user, whose account is hosted on the same or on
another server, cannot use the database created in your account. The MySQL
database has a limit of 45 000 queries per hour. If you have reached 45 000
queries per a given hour, you will not be able to make any more queries. In the
next hour you will have access to the database again and the counter will be
reset.
- e-Planet Server by OwenProCo, Inc. 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.
SERVICE EXPIRATION AND RENEWAL
The hosting service is active for one year (365 days). After that period of
time, the account will be automatically suspended until the Customer renews it
by paying the anual subscription. In case the Customer does not renew his
hosting account, it will remain BLOCKED. The account's data will be kept for two
months, after that it will be permamently deleted.
The redemption period is a registry level period of up to 30 days that occurs
when a domain name is deleted after it expires without being renewed. Instead of
just being deleted and returned to the pool of domain names available for
registration, the registry holds the name in a REDEMPTION PERIOD. During this
30-day period, the original domain registrant may retrieve the domain name from
deletion for an additional fee by contacting the registrar.
This extra 30-day period extends the time available to renew expired domain
names. However, all names that enter the redemption period are removed from the
zone files (the list of domains currently in the global DNS); therefore, any web
site or e-mail services associated with the domain name will stop working.
After the 30-day redemption period there is a 5-day pending delete phase.
When a domain is in this phase no one can retrieve the domain and it cannot be
registered. After the 5-day pending delete phase the registry will release the
domain name back into the public pool of available domain names.
We strongly recommend that you renew your domain registration before the
domain name is placed in redemption. If your domain name is placed into
redemption, we cannot prevent the zone files being removed from the DNS and your
web site and any associated services will cease to work.
We can assist in retrieving your domain only if your domain was registered
with us. If your domain was registered with another registrar, you must contact
that registrar for information regarding retrieving your domain name. You will
be charged with a REDEMPTION FEE of $190.00 USD for the domain registration
renewal.
CUSTOMER WEBSITE; E-COMMERCE; CUSTOMER WARRANTIES/GUARANTIES
- When buying an allocated space on e-Planet Server by OwenProCo, Inc. 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.
- 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.
- Each Customer guarantees to e-Planet Server by OwenProCo, Inc. 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 e-Planet Server by OwenProCo, Inc. 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 e-Planet Server by OwenProCo,
Inc. to reproduce, copy, use and propagate all and any part of the Customer
Content for ensuring and operating the Services. e-Planet Server by OwenProCo,
Inc. is granted the right to assess the extent these operations need to be done.
TORTUROUS CONDUCT
Any case of indecent treatment towards a e-Planet Server by OwenProCo, Inc.
employee will be considered inappropriate. Each Customer is anticipated to
conduct a professionally mannered communication with e-Planet Server by
OwenProCo, Inc. 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 e-Planet Server by OwenProCo, Inc. employees that will be
considered as unacceptable include any verbal, oral, written or delivered by a
second party threats addressing e-Planet Server by OwenProCo, Inc. or any of its
employees, partners, equipment, and concerns. Any forms of such threats will be
interpreted as a breach of this TOS. e-Planet Server by OwenProCo, Inc. keeps
the right to assess which behavior 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
- 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
e-Planet Server by OwenProCo, Inc. 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, US.
- 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 and the
Domain Name
Dispute Resolution Policy to abuse@duoservers.com .
ASSIGNMENT
Customer shall not have the right to assign this Agreement without the written
permission of e-Planet Server by OwenProCo, Inc.. This Agreement shall be in
force and effect to the total benefit of Customer and e-Planet Server by
OwenProCo, Inc. and their successors and permitted assigns.