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Terms of Service --

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.

ServerPlex reserves the right to refuse service and or access to its servers to anyone.

Spam (Unsolicitated Email) :
Unsolicitated commercial or personal advertisements ("spam") is not allowed in e-mail, and will likely result in account cancelation. 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.

If any of the following occur, your account may be suspended or terminated: unsolicitated bulk or commercial messages, forging, altering or removing electronic mail headers, mail bombing, spamming newsgroups, harassment or intimidation of others, and providing spamware.

ServerPlex reserves the right to refuse service and or access to its servers to anyone.

Content Restrictions :
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.

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.

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).

Abuse Policy :
Use(s) are defined as bandwidth and/or processor utilization.

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.

Payment Policies :
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.

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.

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.

Payment Options :
Credit / Debit Cards:
ServerPlex accepts Visa and Mastercard.

Check Payment :
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.

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 cancelation takes place.

Refunds :
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.

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.

Indemnification :
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.

Disclaimer :
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.

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.

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.


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 INLUCDES 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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