By March 11, 2013 0 Comments Lexo më shumë →

Terms of Service (TOS)

Terms & Conditions of Service
The following terms and conditions (these “Terms”) govern the provision by MjeksiaIslame Group. (“Company”) of the services and/or products (referred collectively herein as “Services and Products”) described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the “Service Descriptions”) and defined in any of the Company’s product support listing, to the customer (“Customer”) identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this “Agreement.”
By submitting the online order form, Customer hereby agrees to the following:
Customer agrees to pay for hosting services rendered in advance of each monthly service term.
Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
Customer agrees to a no-refund policy in advance. Setup fees and monthly service fees are non-refundable.
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts that are paid on a monthly basis and major account changes are non-refundable. All pricing is guaranteed for the term of pre-payment. Company reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. Customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Company to request termination of services. All payments must be made in USD drawn funds on a US bank.
Company uses a recurring billing method. All accounts are automatically rebilled on the anniversary month or period following the date the account was established until Customer notifies Company to request termination of services.
Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 days of notice. Customers failing to secure payment within 5 days of notice will incur service interruption and $50 reconnection fee.
In the event that Customer performs a chargeback, and Company is found to not be at fault, Customer will be charged a maintenance fee of EUR350.00.
Service Cancellations must be submitted using the cancellation form inside CAP at least 7 days before your next monthly billing cycle.
New Jersey residents agree to pay all taxes applicable to your account.
Customer agrees to adhere to the the Company Acceptable Use Policy.
Customer agrees not to engage in activity that violates federal (United States), state (New Jersey) or local (Bergen County) laws applicable to the service terms described herein.
Company reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, and Terms of Services.
Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:
DDoS Zero Tolerance Policy
1) Company adheres to a strict Zero Tolerance policy against DDoS attacks. Customer is responsible for all denial of service attacks Customer may receive and must try their best to prevent such occurrences. If Customer is found to be receiving denial of service attacks frequently, Customer’s account may be suspended or cancelled at the discretion of Company’s management. If Customer draws a denial of service attack to Company’s servers, Customer’s account will be charged a minimum of $100.00 and a maximum of $1,000.00 maintenance fee which is determined at the sole discretion of Company’s management. Customer’s account will be suspended until the maintenance fee is paid. Clients who have submitted payment through a credit card will have the credit card on file charged automatically. PayPal and Check/Money Order Customers will be sent a bill. Do not draw denial of service attacks to our servers.
2) Any Customers found hosting denial of service botnets or performing denial of services attacks will be charged a minimum of $500.00 and a maximum of $2,000.00 administrative fee. Customers who paid by credit card will have their card charged automatically. Customers who have signed up with PayPal, e-Check or check/money order will be sent a bill. All accounts will be terminated immediately. Customer is solely responsible for Customer’s services and the uses of Customer’s services.
Modification
The Provider reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
Indemnification
Customer agrees to indemnify and hold harmless Company and the employees and agents of Company (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
Limitation on Company Liability
Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
Arbitration
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
Notices
Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Customer as set forth in the Service Descriptions or Company as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by facsimile, (iii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
Miscellaneous
Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect 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 not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

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