The ServerPlex Terms of Service
("TOS") Agreement describes the proper kinds of
conduct on our servers and network. ServerPlex
and Marhamat Properties reserve the right to modify
this TOS at any time, effective upon 72 hours
prior notification to current clients. By ordering
services and using your account, and thereby accepting
the terms and conditions of this TOS, you agree
to abide by the conditions outlined as modified
when needed. Any violation of the TOS may result
in termination of services or any action ServerPlex
sees as being appropriate.
Our Servers :
Personal accounts are to be used by the primary
owner only or authorized users only. Personal
account holders are not permitted to resell, store
or give away web hosting, or any Internet solutions
to other parties. Web hosting services are defined
as allowing a separate, third party to host content
on the owner's web site. Exceptions to this include
ad banners, classified ads, and personal ads.
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ServerPlex reserves the right
to refuse service and or access to its servers
to anyone. |
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Spam (Unsolicited
Email) : |
Unsolicited commercial
or personal advertisements ("spam") is not allowed
in e-mail, and will likely result in account
cancellation.
ServerPlex has a no tolerance policy when it comes
to spam originating from our servers or for spam
advertising for domains hosted on our servers. |
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If any of the following occur,
your account may be suspended or terminated:
unsolicited
bulk or commercial messages, forging, altering
or removing electronic mail headers, mail bombing,
spamming newsgroups, harassment or intimidation
of others, and providing spamware. |
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ServerPlex reserves the right
to refuse service and or access to its servers
to anyone. |
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Content Restrictions
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ServerPlex does not allow
any of the following content to be stored on our
servers: Illegal Material - Includes copyrighted
works, commercial audio, warez, video, or music
files, audio streaming ,"file dumping" and any
material in violation of any Federal, State or
Local regulation. |
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Adult Material is also not
acceptable - Includes all pornography, erotic
images, or otherwise lewd or obscene content.
The designation of "adult material" is left entirely
to the discretion of ServerPlex. |
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Warez - Includes pirated
software, ROMS, hacking, password cracking. IP
spoofing, etc., and encrypting of any of the above.
Also includes any sites which provide "links to"
or "how to" information about such material or
any unacceptable material(s). |
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Abuse Policy :
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Use(s) are defined as bandwidth
and/or processor utilization. |
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ServerPlex may implement
the following policy to its sole discretion :
When a website is found to be monopolizing the
resources available, ServerPlex reserves the right
to suspend that site immediately. This policy
is only implemented in extreme circumstances and
is intended to prevent the misuse of our servers.
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Payment Policies
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All accounts are set up on
a prepay basis. Although ServerPlex reserves the
right to change prices of accounts or services
at any time, all pricing is guaranteed for the
period of prepayment. Payment is due each anniversary
year or month following the date the account was
established. Customers will automatically be charged
again at the end of there prepay period unless
closure notification has already been given. |
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In situations where the card
number on file is declined ServerPlex will immediately
suspend the facility to purchase services on-line
until the outstanding charge is processed successfully.
In addition, ServerPlex reserves the right to
suspend other services until the outstanding debt
is cleared. The customer is responsible for all
money owed on the account from the time it was
established to the time that the customer sends
a written cancellation request. If the account
is suspended, the customer may be responsible
for relaying his/her applicable FTP files back
to his/her server. |
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No bills or invoices will
be sent by regular mail. All invoices will be
sent directly to customers via email shortly after
the online purchase has been made. At this point
the customer's card will be charged automatically.
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Payment Options :
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Credit / Debit Cards:
ServerPlex accepts Visa and Mastercard. |
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Check Payment :
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Customers may pay by check
or money order by which is to be received by the
sixth (6) day of the recurring month, for the
account not to be canceled. A credit / debit card
number will still be required if customers require
the facility to purchase domains and other services
online. ServerPlex cannot guarantee that a service
will be provided until after any received checks
have been cleared. |
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Money Back Guarantee
: |
The thirty day (30) money
back guarantee starts from the date of the purchase
as reflected on your receipt/invoice. In no circumstances
will refunds for service be given after the 30
day mark. Refunds requested before the 30 day
mark will be refunded via a ServerPlex check within
60 days after cancellation takes place. |
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Refunds :
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ServerPlex reserves the right
to cancel service at any time. In this event customers
will be entitled to a refund based upon the remaining
period of membership. If a customer contravenes
ServerPlex's terms of service a refund will not
be issued in the event of a cancellation. |
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Any incentives offered to
customers when opening the account will also be
cancelled. Customers may be given the option to
purchase services which were offered as start-up
incentives in the result of a cancellation. |
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Indemnification :
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Customer agrees that it shall
defend, indemnify, save and hold ServerPlex harmless
from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney's
fees asserted against ServerPlex, its agents,
its customers, officers and employees, that may
arise or result from any service provided or performed
or agreed to be performed or any product sold
by customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold
harmless ServerPlex against liabilities arising
out of; (1) any injury to person or property caused
by any products sold or otherwise distributed
in connection with ServerPlex's server; (2) any
material supplied by customer infringing or allegedly
infringing on the proprietary rights of a third
party; (3) copyright infringement and (4) any
defective products sold to customer from ServerPlex's
server. |
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Disclaimer :
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ServerPlex will not be responsible
for any damages your business may suffer. ServerPlex
makes no warranties of any kind, expressed or
implied for services we provide. ServerPlex disclaims
any warranty or merchantability or fitness for
a particular purpose. The includes loss of data
resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by
ServerPlex and its employees. ServerPlex reserves
the right to revise its policies at any time. |
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In the event of a charge
back by a credit card company or non-payment of
fees owed to us, in connection with the payments
of the registration fee for your domain name registration,
you agree and acknowledge that the domain name
registration shall be transferred to ServerPlex.com
as the paying entity for that registration to
the registry. We will reinstate your domain name
registration solely at our discretion, and subject
to our receipt of the initial registration or
renewal fee and our then-current reinstatement
fee, currently set at US$100. |
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All clients of ServerPlex
agree when events occur that deem loss of service
to our clients or in the event that a server severely
malfunctions and is unable to function; ServerPlex
has the right to move clients to a new server.
If this occurs, clients should backup their files,
as ServerPlex does not guarantee the transfer
of files, and files may have to be re-uploaded
via FTP. |
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SERVERPLEX WILL NOT BE
RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY
SUFFER. SERVERPLEX MAKES NO WARRANTIES OF ANY
KIND, EXPRESSED OR IMPLIED FOR ANY SERVICES WE
PROVIDE. SERVERPLEX DISCLAIMS ANY WARRANTY OR
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS,
NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL
SERVICE INTERRUPTIONS CAUSED BY SERVERPLEX AND
ITS EMPLOYEES. SERVERPLEX RESERVES THE RIGHT TO
REVISE IT POLICIES AT ANY TIME. FAILURE TO FOLLOW
ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE
ACCOUNT DEACTIVATION. |
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