Cloud Host Shop
Dedicated Servers Terms of Service/h4>
By using the Cloud Host Shop services, you acknowledge that you have read our set of legal
documents and agree to be bound by the terms and conditions contained herein as well as all
acceptable use policies incorporated by reference.
These Terms of Service (the 'Agreement') are an agreement between you - the user of our hosting and
related services (collectively, the 'Services'), and Cloud Host Shop, in association with LiquidNet
US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company
headquartered in London, UK. All billing and hosting services are rendered by LiquidNet US LLC and
LiquidNet Ltd. (billing operations will be handled here). Legal details about the two companies can
be found in the 'Customer Service Contact Details' section of this document.
For the sake of brevity, Cloud Host Shop, LiquidNet US LLC and LiquidNet Ltd. will be referred to as
'We', 'Us', 'Our' and 'Service Provider' in this document.
When signing up for a Dedicated server hosting account with the Service Provider, the Customer
agrees to abide by the rules and provisions explicated in these Dedicated Terms of Service, as well
as all their 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 Dedicated server
hosting account with the Service 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 Service 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 Dedicated servers and should consider carefully each piece of
information before uploading it to his/her newly allocated 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 Service 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 Service 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 Service Provider and the Customer.
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RULES FOR ACTIVATION AND MONTHLY PAYMENT BASIS OF THE DEDICATED SERVER HOSTING SERVICE
Upon submitting of the online order form, the Customer agrees to abide by our Order Verification
Policy and the following provisions:
- The payment of the Dedicated server hosting service is set up on a monthly basis. The
Customer agrees to pay for the rendered Dedicated server hosting services in advance for
each monthly service term.
- Non-Payment of the service shall result in a immediate service disconnection. Customers
failing to secure payment by the time of the due date will incur service interruption.
The data hosted on the Dedicated server will be kept for one month, after that it will
be permanently deleted.
- 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; DATA BACKUP
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SERVICE GUARANTEES
The Service Provider guarantees 99.9% network uptime and server stability. 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, the Service Provider is not responsible
for the downtime);
- Failure due to software that is not explicitly supported by the Service
Provider. If a hardware crash provoked by the Customer consequently happens, the
Service 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
Each Customer will get a default backup space quota of 100 GB, which they can avail of
at any given moment.
Additionally, each Google Drive and/or Dropbox account owner is entitled to another 100
GB of backup space.
A 50 GB backup storage option is available as part of our Managed Services package as
well.
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SERVICE ACTIVATION AND CONTINUANCE TIMESCALES
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SERVICE ACTIVATION
For newly signed up clients - the Services are activated only 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 prevent
fraudulent account usage). 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
Dedicated Server Accounts - The newly-created Dedicated server hosting accounts with the
Service 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 Dedicated server
account
Domain Name Registrations/Transfers - the Service 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 Dedicated server
hosting account (at a regular or PROMOTIONAL price) or separately (later on) as an
upgrade from the Customer's Dedicated management account. The Customer agrees to abide
by the Service Provider's Domain Name Registration Agreement and
Domain Name Dispute
Resolution Policy. The table below displays the minimum and maximum registration
periods, as well as the annual NON-PROMOTIONAL prices of all TLDs
Domain Renewals - Even though the Service Provider will provide regular reminders about
the expiration of the domain name(s) registered through the company, it is your
obligation to keep track of when the registration service(s) will expire. Should you
fail to renew a domain name before its expiration date, the domain name will be
suspended or canceled.
- After a domain name’s expiration date, there is a period of 30 days, in which
the domain name can be renewed. Certain domain name extensions do not have such
a period, so leaving a domain name to expire before attempting a renewal is at
your own discretion.
- After the 30-day renewal period has passed, some domain names (as per TLD
Registry Policies) enter a so-called Redemption Grace Period. A domain name
which has entered a Redemption Grace Period can still be renewed. However,
additional fees will be added to the domain's renewal price. You can find the
official information regarding the Redemption Grace Period on ICANN’s page:
http://www.icann.org/registrars/redemption-proposal-14feb02.htm.
If a Redemption Grace Period is applicable for a specific domain name, it will
last between 30 and 42 days
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After the Redemption Grace Period (or the renewal period – if RGP is not
applicable) has passed, domain name(s) can be: provided to third parties; the
Service Provider may choose to auction the domain name(s); the Service Provider
may return them in the public registration pool. All of these actions can be
carried out at any time and without your consent.
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 Dedicated server account, the Customer must send a support ticket
to the Service Provider's Sales Department via his/her Dedicated management account and
provide any authentication credentials requested by the Service Provider. Any other form
of cancellation request will not be accepted.
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REFUNDS
Dedicated server hosting accounts - The Dedicated server 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 canceled 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 Service Provider
will be subject to full investigation.
When signing up for a Dedicated server hosting account with the Service Provider, the
Customer agrees to the terms and conditions explicated in this document (and its
coherent policies). Thus, the Service Provider, as well as the Service Provider's
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 Service Provider's
Customer Care team will be to try to contact the Customer. Meanwhile, the Customer's
Dedicated server 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 Dedicated server
account will be re-activated.
If the Customer has sent a chargeback request based on groundless argumentations
(according to the Service Provider's own judgment and these Dedicated Terms of Service),
then a dispute will be started with the authorized retailers in which the Dedicated
Terms of Service and the AUP of the Service 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 Service Provider has the right to a reverse payment.
In case that the chargeback originates from a fraudulent user (end-client) and no
reverse payment procedure can be activated, then the respective Dedicated server account
will remain suspended and a $30 USD fee will be withdrawn from the commission of the
reseller (the client of our Free Reseller Hosting Program) whose client's account (the
end-client) has been the reason for the chargeback (in order to be covered the fees
imposed to the Service Provider from our authorized retailers for the claimed
unauthorized transaction).
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HOSTING RESELLER TOOLS
A collection of free hosting reseller tools : a free billing software (ClientExec) and a free
domain reseller account is available with each Dedicated Server hosting package. All bonuses
are given per customer's request.
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CUSTOMER RESPONSIBILITIES; ACCOUNT REGISTRATION AND MANAGEMENT
In consideration of their use of the Service, Customers agree to:
- 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 Service
Provider has reasonable grounds (at its sole discretion) to suspect that such
information is untrue, inaccurate, not current or incomplete, the Service 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.
- When introducing any changes to their contact details, Customers are obliged to notify
the Service Provider in the course of 10 business days after the changes become valid.
The introduction of changes should be done online through the customers' Dedicated
Management Account, not via e-mail.
- 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:
- immediately notify the Service Provider about any unauthorized use of their
password or account or any other breach of security;
- ensure that they safely exit (log out from) their account at the end of each
session.
the Service 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.
- If a Dedicated server 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 Service
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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The client is obliged not to delete the Service Provider's SSH key, which provides root
access to the server. The root access will be used by the Service Provider in 2 cases
only:
- When there is a problem with the server and, as a result, certain services do
not run properly - the Service Provider may fix it as he sees fit.
- When there is a report from a third party concerning some sort of abuse, for
example,
spam, the Service Provider can identify the spammer and suspend him, of which
case the
client who is in charge of the server will be duly informed. The client, on the
other
hand, is obliged not to let problems of such kind happen again, whether or not
involving
that particular abuser. If there are repeated abuse reports - the Service
Provider will
charge the client $20 for each report, because the latter is obviously unwilling
to
assist in terminating the abuse actions on the given server.
The client is also obliged not to terminate the SNMP service activated by the
Service
Provider to keep track of the used IPs on the server. Upon a termination of the
SNMP
service - the Service Provider will inform the client and the client will have
to
reactivate the service in 48 hours. If the client does not cooperate - the
Service
Provider can suspend the client's access to the server at his own discretion.
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NO UNLAWFUL OR PROHIBITED USE
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SERVER USAGE
Тhe Service Provider expressly bans the use of any 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 Service Provider's Services, other
accounts, computer systems or networks connected to any of the Service 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 Service 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 AUP (Acceptable Use Policy). 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 Service 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 Service 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 Service 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 Service Provider's 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 Service Provider's 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 Service 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
Service Provider's 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 Service Provider reserves the right at any
time to disclose any information, as the Service 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 Service Provider.
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E-COMMERCE CUSTOMER WEBSITES
When buying a 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:
- the accuracy and relevance of Customer Content, and content and material showcased in
the Customer store or on its products;
- 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;
- 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 Service 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 Service Provider 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 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 Service Provider to reproduce, copy, use and propagate all
and any part of the Customer Content for ensuring and operating the Services. The
Service 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 Service 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 Service Provider's Dedicated servers. The Service Provider reserves the right
to refuse Service to unlawful parties.
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SERVICE DISCONTINUANCE
The Service Provider reserves the right to discontinue the Service provision to any
subscriber that the Service Provider deems, at its sole discretion, has violated any
condition of the Service explicated in this Terms of Service and/or the Acceptable Use
Policy.
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MISCELLANEOUS
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 Service 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 Service Provider should be sent to the address provided on
the Service Provider's website.
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COMPLAINTS PROCEDURE
The Service Provider guarantees highest level of 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:
- The Service Provider will confirm receipt of your complaint in writing,
confirming that the complaint will be addressed without delay. The Service
Provider reserves the right to refuse to investigate a complaint that is
obviously frivolous, abusive or offensive.
- A Service 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.
- If the Service 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.
- 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.
- 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 Service 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 Service 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 Service Provider's Customer
Care stuff will be interpreted as a breach of this TOS. The Service 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
Technical Support
Due to the specificity of the Service, Customers are fully in charge of the management
and maintenance of their Dedicated servers. However, if they need assistance or want to
leave this task to our highly-qualified administrators department, they can avail of our
Fully Managed Support service available at a monthly fee of $30 USD. Additional software
installation and troubleshooting, which are not included in the Managed Support Package
will cost $60 USD.
Pre-sale and general questions
Customers may use any of the support options listed below:
- E-mail us using our Contact Us form
- Use our Live Chat
- Open a trouble ticket from the Customer's Dedicated management account. 1-hour
support response is guaranteed!
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Phone or Fax us at
- US TOLL FREE PHONE: +1-855-211-0932
- INTERNATIONAL PHONE: +1-727-546-HOST(4678)
- UK PHONE : +44-20-3695-1294
- AU PHONE : +61-2-8417-2372
- US FAX: +1-510-868-6446
GENERAL REGULATIONS
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GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of
England.
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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 Service 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 THE SERVICE PROVIDER'S LIABILITY
Force Majeure Circumstances - the Service 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 Service 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 Service 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 Service 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 Service 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 Service Provider. This Agreement shall be in force and effect to the total
benefit of the Customer and the Service Provider and their successors and permitted
assigns.
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REVISIONS
The Service Provider reserves the right to revise this document at any time, without
prior notice. Customers are encouraged therefore to periodically review these Dedicated
Terms of Service and the Acceptable Use Policy.