Web Hosting Terms
Service Level Guarantees
Acceptable Use Policy
OnlinePlus Terms
of Service
This is an Agreement between You - Customer of our Hosting Services, and the following companies, which partner with OnlinePlus - LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. Legal details about the two companies can be found in the 'Customer Service Contact Details' section of this document. For the sake of brevity, OnlinePlus, LiquidNet US LLC and LiquidNet Ltd. will be referred to as 'OnlinePlus' in this document.
--------------------------------------------------
As a Customer of our Services, you need to be aware that, when signing
up for an account with OnlinePlus, you accept and agree to abide
by our Web Hosting Terms of Service (this document) and our Acceptable
Use Policy (AUP). The Order Form completion of the Service represents
the electronic signing of these two documents.
As a Customer of our Services, you understand and agree also that it is
beyond the power of OnlinePlus to restrict any public access to
the data that you position on our servers and guarantee the security of
your files. In this respect, you accept that it is your obligation to
protect all the information that you make available to the wide
internet public through our web hosting network and assume all
responsibility for unveiling online personal data that could be abused.
--------------------------------------------------
- Entire
Agreement; Service Agreement
- OnlinePlus Hosting
Services
- Service
Activation and Continuance Timescales
- Free
Domain Name Promotion
- Service
Expiration and Renewal
- Customer
Responsibilities
- No
Unlawful of Prohibited Use
- E-Commerce
Customer Websites
- Third
Party
Dealings
- Cancellation,
Refunds & Chargebacks
- News
Releases
- Torturous
Conduct
- Force
Majeure Circumstances
- Service
Provision; Warranties and Representations
- Service
Discontinuance
- Complaints
Procedure
- Customer
Service Contact Details
- Revisions
- Assignment
- Termination
-
ENTIRE
AGREEMENT;
SERVICE AGREEMENT
These Web Hosting Terms of Service, together with our Acceptable Use
Policy and the Domain Name Registration Agreement, constitute the whole
act of convention between You - the Customer, and OnlinePlus.
OnlinePlus shall provide its Services to You under the Terms and
Conditions explicated in this Service Agreement. The Agreement is
intended to clarify all aspects, rules and provisions of the business
relationship between You - the Customer, and OnlinePlus. It is
also intended to keep the integrity of this relationship and protect
both parties from liability. This Service Agreement will be enforced,
if/when necessary, in order to be guaranteed the speed, power,
performance, and reliability of our services.
In the event that a court of competent jurisdiction declares any of the
Agreement's provisions invalid, unenforceable, or void, the remaining
provisions will entirely preserve their validity. Customer's side of
the Agreement can be presented by any of the following parties: an
individual over 18 years of age; a legal entity, such as a corporation,
a limited liability company, etc. If a person represents the Customer,
for some reason, he/or she must be legally authorized to act on his
behalf, thus accepting, executing and delivering the Agreement.
This agreement shall be interpreted in consistence with the laws of the
State of Florida, US, and shall serve to the benefit of the parties
hereto and their respective heirs, executors, administrators,
successors and assigns.
back to top
- OnlinePlus
HOSTING SERVICES
A web hosting service is a type of Internet service that offers
individuals and organizations/companies the resources to host their own
web sites and store information, images, video, and 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 offer also periodic backup and archiving.
OnlinePlus offers only web hosting services, not data storage
services. A web hosting service consists of the following:
SERVICE FEATURES
- Disk Space
- We use a clustered storage technology. This means that the storage
resources of a hosting plan purchased from us are not confined to a
single server, but are distributed between multiple machines. This way
optimal performance is guaranteed and higher server stability. It also
ensures that you will be able to avail of all the storage quota that
has been assigned to your particular account. Additional disk space is
available as an upgrade option. Payment is accepted only in advance per
year. Contact sales for more information.
-
Traffic
- Each hosting plan includes prepaid monthly traffic in Megabytes. This
traffic quota is shared between all sites hosted in a single account.
In case that a hosting account exceeds its allowed traffic quota, it
will be suspended until the beginning of next month when the quota will
refresh automatically. Additional traffic is available as upgrade.
Contact sales for more information.
-
Hosted Domains
- OnlinePlus's hosting plans include domain hosting. Each hosting
plan allows a particular number of domains that can be hosted.
- Domain
Registration/Transfer - available at regular or a
discounted price (depending on the chosen TLD) with the purchasing of a
web hosting account. Each account can host a maximum of one discounted
domain name. Domain registrations are final and are not subject to
refund. More information regarding domain names can be found further in
this TOS (Terms of Service), in our Domain Name Registration Agreement
and in the Domain Name Dispute Resolution Policy.
- E-mail
accounts
- different number of e-mail accounts are available for setup with each
web hosting plan.
- MySQL/PostgreSQL
Database(s) - MySQL databases are included in all web
hosting plans. Additional databases are available as upgrade.
PostgreSQL databases can be either included or optional. Contact sales
for more information.
- Database
Storage
- Each hosting account has a limit of database storage. This storage is
shared between all the databases in a single hosting account.
Additional database storage is available. Contact sales for pricing.
- IP Address
- OnlinePlus's hosting accounts do not include dedicated IP addresses, unless listed in plan features. Dedicated IP addresses can be purchased at any time as an upgrade to the web hosting service provided by OnlinePlus. Dedicated IP addresses are purchased for a period of at least one year and are non-transferable to other web hosting providers. Contact sales for more information.
NB: Please note that according to IANA - the entity that coordinates the global pool of IPs, newly requested dedicated IP addresses must be used within 7 days of their allocation. So, if you request a dedicated IP address from your Control Panel and do not assign it to a host within 7 days of the allocation date, then the IP address will be taken back to the global pool of IPs. If so, you will need to re-request the IP address from the Dedicated IP Addresses section of your Control Panel.
- SSH
- In
case your hosting account does not include SSH, please contact sales
department for more information on how to obtain it. Payment is
accepted only in advance per year.
- ID
Protection
- This service ensures that your private contact information will not
be visible in the domain's WHOIS details. Optional for all hosting
plans, but available only with certain TLDs, supporting this option.
Detailed information about all features included in our web hosting
packages is available on our web hosting plan pages.
INSTALLATION AND TROUBLESHOOTING
Each customer will be able to take advantage of our Installation & Troubleshooting service upgrade. It allows users to get one-time expert assistance from our technical support team or system administrators for a period of 1 hour. The Installation & Troubleshooting is intended for:
- Hacked sites cleaning and restoration service
If you find your website hacked or reported to be infected you can rely on our help getting this fixed for you. This service included a backup of the current content, cleaning and/or restoring broken files from original script installation or restore from a previous copy.
- Script, theme, plugin installation service
If you need any software installation, theme/template or even plugin installation that you do not wish to deal with, we can do it for you. We will backup the current site (if any) and complete the desired installation for you.
- Scripts troubleshooting and debugging services
In case you have an issue with a software that you are unable to handle, we can do the troubleshooting and fix it for you.
- Manual files, database or emails transfers between hosting accounts using our services. If you want to move a site or few over to another account we can handle the migration for you hassle free.
The Installation & Troubleshooting will not apply in the following cases:
- Our installation service covers only fresh installations (no upgrades). We will not perform custom work or upgrade to a recent version on an already existing scripts.
- The service will not include any configuration of the scripts beyond their installation. After the scripts are being activated and operational any further tweaking and setup is done by the client.
- We will only provide installation and troubleshooting if the hosting is provided by us on our Linux Based Servers. We do not provide the service for any Windows, Linux and MAC servers which are not powered and managed by us.
- We don-t provide any warranties and will not be held responsible for any data loss or any script, theme, plugin not operating as intended.
"UNLIMITED" USAGE POLICIES AND DEFINITIONS
The term “UNLIMITED” is used to describe the amount of resources in the web hosting plans provided by OnlinePlus, which is not set to a predefined limit value (for example - unlimited bandwidth, unlimited disk space, unlimited emails or other unlimited resources). By not setting limits on key resources, we are able to offer our customers a simple, consistent pricing scheme as their websites demand more and more resources. As a result, a typical website may experience periods of great popularity and a resulting increased storage need without experiencing any associated increase in hosting charges.
In all cases, when a service is listed as “Unlimited“, it is intended for normal web hosting usage only - all activities, which may result in excessive resource usage inconsistent with regular usage patterns, are prohibited.
Our Unlimited service offers are not designed to allow a single user to influence the overall server performance. OnlinePlus will make every effort to provide its customers with additional resources whenever possible, including the relocation of a customer's hosting account to a newer, faster server. However, if the resource usage reaches a level where it may influence the overall server performance in a negative way, OnlinePlus reserves the right to take corrective actions. Such actions may include disconnection or discontinuance of any and of all offered services, removal or deletion of customers' websites, website content, electronic mail, or termination of a customer's account according to OnlinePlus's sole and absolute discretion.
SERVICE PAYMENTS AND RECURRING CONTRACTS
When signing up for an account with OnlinePlus, the Customer
agrees to pay for the period of one year (365 days) and abide by our
Order Verification Policy. Our Sales Department will strictly
scrutinize each account order and carefully processes each payment in
order to ensure that no fraudulent user can take advantage of our web
hosting system. In cases of PayPal and American Express credit card payments, a 12-month recurring billing cycle will apply for customer convenience. In case that a customer wants to cancel their recurring contract, they can do so from the Recurring Manager section of their Web Hosting Control Panel.
OnlinePlus will charge customers with fees based on the fee
structure of our web hosting system at the time of the sign-up process.
OnlinePlus reserves the right to introduce price changes to the
packages when needed. This means that the current price list at our web
store may differ from the pricing of your web hosting account.
Each customer of ours 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.
OnlinePlus reserves the right to introduce certain changes to the
packages (in the form of complementary services) to the benefit of the
customers.
When you pay for a web hosting plan with a domain via credit card or PayPal, a 12-month recurring billing subscription will be created automatically for your convenience, for which you will get a notification from the payment processor. All automatic payments go through exactly 7 days before the due date so as to avoid any downtime to your websites if there is a problem with the credit card/PayPal account.
We’ll send you a reminder of the due payment at least 24 hours before the automatic charge takes place.
You can cancel the subscription at any time from your Control Panel -> My Account -> Recurring, or directly through PayPal - if it’s a PayPal account subscription.
SERVICE GUARANTEES
OnlinePlus 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, OnlinePlus is not
responsible for the downtime);
- Failure due to software that is not explicitly
supported by OnlinePlus. If a hardware crash provoked by the
customer
consequently occurs, OnlinePlus is beyond the control and
responsibility for the resulting downtime.
For more information, please read our Service Level Guarantees.
ACCOUNT/DATA BACKUP
Our backup service is provided as a courtesy to you and therefore, OnlinePlus will be in no way held responsible for the files stored in your account. You, as a customer, agree to take full responsibility for all the files in your account and to maintain an appropriate backup of the data stored on our servers. We will back up the files located in the /www folder of your account, as well as the databases you have created. Backups are only kept for a period of 7 days. After this period, a backup cannot be restored.
General Backup: The default available backup disk storage space for each customer is 5 GB. User accounts with content over 5 GB cannot be (partially or entirely) backed up. Additional space for backup purposes is available under our Upgrade section in the Control Panel. We provide backup services only to accounts with disk space usage below the purchased backup quota limit. For example, if the purchased data backup quota amounts to 20 GB, we will back up your files as long as your account's disk usage does not exceed the 20 GB quota limit. As soon as this 20 GB quota limit has been reached - the backup script will no longer back up any of your files.
Database Backup: Our database backup script WILL NOT back up databases, which contain more than 256 tables. Databases bigger than that take too much time and use too much of the server's resources to be backed up.
back to top
-
SERVICE
ACTIVATION
AND CONTINUANCE TIMESCALE
30-DAY FREE TRIAL
All our web hosting plans include a 30-day free trial option, which can be enabled as soon as a given Customer has created an account. Only new Customers can take advantage of this possibility. The free trial period itself will expire 30 days after activation.
During the free trial period, the account will operate with several limitations, which may differ based on the chosen package. More information on the subject will be sent to the Customer on the free trial period's start date. After the trial period ends, the Customer will no longer have access to the Service unless they complete their purchase.
All customer's data will be kept for up to 30 days after the end of the free trial period. In case that the customer does not complete the order procedure within that period, the data will be deleted from our servers.
At any given time during the free trial period, the Customer may convert their free account into a standard paid account by clicking the “Complete Order” button in the Web Hosting Control Panel.
SERVICE ACTIVATION
For newly
signed up clients - the services are activated immediately
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 be prevented
fraudulent orders). 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 cancelled.
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.
CONTINUANCE TIMESCALES
Shared Web
Hosting Accounts - all newly-created shared hosting
accounts
with OnlinePlus are valid for 1 year. They can be regularly
renewed for another year that is added to the official expiration date
of the account. All account upgrades purchased from the Web Hosting
Control Panel are valid and are to be functional till the final
expiration date of the respective web hosting account.
Domain Name
Registration/Transfer - OnlinePlus offers for
registration/transfer all TLDs (Top-Level Domains) displayed in the
table below. The TLDs can be purchased either together with a shared
hosting account (at regular or PROMOTIONAL price) or separately as an
upgrade from the Web Hosting Control Panel (all TLDs - at
NON-PROMOTIONAL prices). The table below displays the minimum and
maximum registration period, as well as the annual NON-PROMOTIONAL
price of each TLD:
| tld | min/max period of registration @ min period price |
|---|
| .ae | 1-5 years @ $60.00 per year |
| .asia | 1-10 years @ $23.41 per year |
| .at | 1 years @ $21.99 per year |
| .be | 1 years @ $14.12 per year |
| .biz | 1-10 years @ $20.00 per year |
| .ca | 1-10 years @ $23.00 per year |
| .cc | 1-10 years @ $32.64 per year |
| .ch | 1 years @ $40.00 per year |
| .club | 1-10 years @ $22.70 per year |
| .cn | 1-10 years @ $14.90 per year |
| .co | 1-5 years @ $40.00 per year |
| .co.il | 1 years @ $40.00 per year |
| .com | 1-10 years @ $15.54 per year |
| .com.au | 2 years @ $36.00 per year |
| .com.cn | 1-10 years @ $14.90 per year |
| .com.mx | 1-5 years @ $72.37 per year |
| .company | 1-10 years @ $40.00 per year |
| .com.tw | 1-10 years @ $39.73 per year |
| .co.nz | 1-10 years @ $35.00 per year |
| .co.uk | 1-10 years @ $15.00 per year |
| .co.za | 1 years @ $25.00 per year |
| .de | 1 years @ $28.00 per year |
| .deals | 1-10 years @ $40.00 per year |
| .dk | 1-3,5 years @ $45.00 per year |
| .es | 1-5 years @ $28.00 per year |
| .eu | 1-10 years @ $12.77 per year |
| .family | 1-10 years @ $29.80 per year |
| .fi | 1-5 years @ $35.00 per year |
| .fr | 1 years @ $28.00 per year |
| .gr | 2 years @ $39.74 per year |
| .guru | 1-10 years @ $39.73 per year |
| .host | 1-10 years @ $113.52 per year |
| .hosting | 1-10 years @ $495.38 per year |
| .idv.tw | 1-10 years @ $39.73 per year |
| .ie | 1-10 years @ $32.89 per year |
| .in | 1-10 years @ $35.00 per year |
| .info | 1-10 years @ $20.00 per year |
| .it | 1 years @ $28.00 per year |
| .jp | 1 years @ $61.74 per year |
| .me | 1-10 years @ $35.00 per year |
| .me.uk | 1-10 years @ $12.06 per year |
| .mobi | 1-10 years @ $28.38 per year |
| .mx | 1-5 years @ $72.37 per year |
| .name | 1-10 years @ $17.03 per year |
| .net | 1-10 years @ $16.00 per year |
| .net.au | 2 years @ $41.16 per year |
| .net.cn | 1-10 years @ $14.90 per year |
| .net.nz | 1-10 years @ $26.96 per year |
| .news | 1-10 years @ $29.80 per year |
| .ninja | 1-10 years @ $25.54 per year |
| .nl | 1 years @ $28.00 per year |
| .no | 1 years @ $35.00 per year |
| .nu | 1-10 years @ $25.54 per year |
| .org | 1-10 years @ $17.00 per year |
| .org.au | 2 years @ $52.50 per year |
| .org.cn | 1-10 years @ $14.90 per year |
| .org.nz | 1-10 years @ $26.96 per year |
| .org.tw | 1-10 years @ $39.73 per year |
| .org.uk | 1-10 years @ $12.06 per year |
| .party | 1-10 years @ $41.15 per year |
| .ph | 1-2,5,10 years @ $61.02 per year |
| .pl | 1-3 years @ $39.73 per year |
| .pro | 1-10 years @ $24.12 per year |
| .pt | 1,3,5 years @ $25.54 per year |
| .qa | 1-5 years @ $60.00 per year |
| .ru | 1 years @ $21.28 per year |
| .se | 1-10 years @ $23.41 per year |
| .services | 1-10 years @ $40.00 per year |
| .site | 1-10 years @ $39.73 per year |
| .solutions | 1-10 years @ $40.00 per year |
| .space | 1-10 years @ $16.00 per year |
| .top | 1-10 years @ $19.87 per year |
| .tv | 1-10 years @ $70.00 per year |
| .tw | 1-10 years @ $39.73 per year |
| .uk | 1-10 years @ $15.00 per year |
| .us | 1-10 years @ $14.12 per year |
| .we.bs | 1-10 years @ $7.00 per year |
| .website | 1-10 years @ $32.64 per year |
| .ws | 1-10 years @ $38.31 per year |
| .xyz | 1-10 years @ $17.03 per year |
back to top
-
FREE DOMAIN NAME PROMOTION
OnlinePlus occasionally runs promotions offering FREE domain names
to customers signing up for a new web hosting account. This special
offer is valid only with our PROMOTIONAL TLDs. However, in case that
the money-back guarantee option is used, the domain name must be paid
($9.95 per year per domain name). The domain name owner will have
access to a domain management account, and will be able to transfer the
domain name to another registrar.
back to top
-
SERVICE
EXPIRATION
AND RENEWAL
HOSTING SERVICE
The
hosting service
is active for one year (365 days). After the expiration of that
period, the account will be automatically suspended and will remain
suspended until the Customer renews it by paying its annual
subscription fee. In case that the Customer does not renew his/her
hosting account, it will remain BLOCKED. The account data will be
kept for two months, after that it will be permanently deleted.
E-mail
notifications
regarding each account's expiration are dispatched twice - 14
days and 7 days prior to the expiration date of the account. In order
to receive the notifications, the Customer must provide a valid
e-mail address. OnlinePlus ensures that the e-mails are sent and
takes no responsibility for e-mails that are not delivered due to
problems with the recipient's e-mail address.
DOMAIN NAMES
Domain
names are
valid for the number of years of their registration (domain names can
be registered for the period of 1 to 10 years, depending on their TLD
- top-level domain name - extension). After an expiration of a
domain name several stages follow regarding its renewal.
-
The
domain name Redemption Grace Period (RGP)
is a registry level period that starts about 30 days after the domain name's expiration date. During this period the domain name is kept on hold by the Registrar before it gets deleted. The domain registrant is allowed to retrieve the domain name from deletion, but this process costs additional redemption fee. The RGP fee depends on the given TLD and on the registrar through which it is registered as follows:
| Registrar |
TLD |
RGP fee |
| LiquidNet |
.com, .net, .org, .info, .biz |
$90.00 |
| LogicBoxes |
.us, .in, .cc, .tv |
$90.00 |
| EURid |
.eu |
$20.00 |
| eNom |
.com, .net, .org, .info, .biz, .co, .asia, .ca, .name, .mobi,
.tw, .com.tw, .org.tw, .idv.tw, .pro, .me
| $270.00 |
The RGP period extends the time available for renewing domain names. However, any web site or e-mail services associated with the domain name will stop working and the domains that enter a redemption period may be removed from the zone files (the list of domain names currently in the global DNS).
-
After the Redemption Grace Period (or the renewal period – if RGP is not applicable) has passed, domain name(s) enter the so called ERGP (Extended Redemption Grace Period). During the first 120 days of the period in which the domain name is appointed to its ERGP period you are allowed to redeem the domain name and take ownership once again if you pay the fee for redeeming the domain name with all registration fees. When the 120 period lapses and you have not redeemed the domain name, the domain name will be considered deserted and you would have no further rights over the domain name registration.
At that point domain name(s) can be: provided to third parties; OnlinePlus may choose to auction the domain name(s); OnlinePlus may return them in the public registration pool. All of these actions can be carried out at any time and without your consent.
-
After the redemption period of an expired domain name is finished, comes the Pending Delete Period- a registry level period of up to 5 days during which no one is allowed to renew the domain name and it cannot be newly registered because it's still not returned to the public pool of domain names.
-
Released
by Registry Period - the domain name is sent back into the
public pool of domain names and is newly available for registration.
Customers
are
advised to renew their domain registrations before their domain names
are placed into redemption. When a domain name transits in redemption
period, we are not able any more to prevent its zone files from being
removed from the DNS system, and the customer's web site and any
associated services will stop working.
During a domain name's
redemption period, we can assist the customer in retrieving his/her
domain name from deletion only if the domain name was registered with
us. The customer will need to pay a REDEMPTION FEE (see the table above for more information) for the domain registration renewal (the redemption
fee is
imposed by our Registrar). If the domain name was registered with
another registrar, the customer needs to contact that registrar for
more information regarding its retrieving.
back to top
-
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 OnlinePlus has reasonable grounds (at its sole
discretion) to suspect that such information is untrue, inaccurate,
not current or incomplete, OnlinePlus 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 OnlinePlus in the course of 10 business
days after the changes become valid. The introduction of changes
should be done online through the customers' Web Hosting Control
Panel, not via e-mail. This requirement is also in force for
OnlinePlus, i.e. customers will be always aware of any contact
information changes that the company places within its website. This
way, flawless communication between both sides is guaranteed.
-
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: a) immediately
notify OnlinePlus about any unauthorized use of their password
or account or any other breach of security; b) ensure that they
safely exit (log out from) their account at the end of each session.
OnlinePlus 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 hosting account is registered with details different than those of
the person who paid for the account, and in the case of any dispute,
OnlinePlus 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.
-
If
the hosting account owner deceased prior to the expiration of
his/her account OnlinePlus will require death certificate or
any other legal document that can provide an official evidence for
that fact. Those who supply that information will be held legally
responsible if the information is false or incorrect. Once such
documents are obtained, OnlinePlus will be the sole arbiter in
assessing whether the documents are authentic or not. A record of
the obtained documents will be kept until the expiration of the
hosting account.
ACCOUNT
USAGE
-
CPU
usage
(or usage of the Central Processing Unit(s) of the web server the
customer's account is hosted on) - The CPU usage is subject to some
regulations. Each hosting account
can use up
to 10% of the CPU power for no longer than 180 seconds at any given
time, and/or the percentage given per 24 hours in the features
configuration of the Customer's plan. OnlinePlus's web
hosting plans include the following CPU quotas (per 24 hours).
| Web Hosting Plan Name |
CPU Limit |
| Beginner |
5% |
| Professional |
5% |
| Expert |
7% |
| Webmaster |
10% |
OnlinePlus strongly recommends that customers be
very judicious when using the
CPU power for their accounts. We reserve the right to block files or
scripts that excessively use CPU. We may suspend also the Customer
account in the case of registered impact on other accounts on the
server or disturbance caused to its functioning. If we do block or
suspend an account, then its owner will be notified of the situation
and given an explanation, and/or offered to upgrade to a dedicated or
a semi-dedicated web hosting solution
-
Emails
- Users are not allowed to send more than 1500 emails per day/150 emails per hour per hosting account (each email can be sent to a maximum of 50 recipients, as each unique recipient will be counted as one message sent). Users are not allowed to send more than 1500 emails a day using a mailing list (or 1 email to 1500 subscribers, respectively). Each email account is entitled to 10 GB of storage space, while all active email accounts under a hosting account must not exceed 40 GB in size. Only the Webmaster plan has an email storage quota of 60 GB. Each email account can host up to 200.000 stored messages.
You can manage as many mailboxes as you need under one account as long as you do not interfere with the other users on the server.
If there are more than 3000 mailboxes in a given hosting account, its owner can cause high server load by just modifying a password or changing an alias.
This is why, if a particular mailbox simultaneously accommodates multiple emails and its owner often often executes changes like the ones mentioned above, then we’ll be forced to disable that account and ask the respective client to migrate to a more resource-rich type of a hosting environment where mailbox modification operations cannot lead to server performance issues.
Several specific limitations apply to the Domain Manager plan-included email service. Your customers can see them in the Account Usage table in the Control Panel.
-
File
Quota - There is no file quota limit for any one of our web hosting packages. You are allowed to have an unlimited number of files in your hosting account.
-
Disk
Space & Traffic - OnlinePlus offers generous
amounts of
disk space and network bandwidth. 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, 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 types) 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 that link to them. Audio, graphics and/or video files must be must be under 25% of the current web hosting disk usage and must never exceed 50 GB in size. Furthermore, such media files may amount to no more than 50% of the customer's total monthly traffic usage. Upon request, each Customer must be able to 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. If the client fails to react within 24 hours after the request and does not remove the file/files in question, or if the apportioned traffic quota continues to be used for such purposes - the Provider reserves the right to suspend the account and/or to remove the aforesaid content from the server. In such cases, refunds are not applicable and the money-back guarantee is no longer valid..
-
MySQL
usage - each database hosted in our system can be used only
by
the user who created it. Another user, whose account is hosted on
the same or on another server, cannot use the database created in
the first-mentioned customer 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. You can make a maximum of 15 simultaneous connections
to a MySQL database.
-
Access
and error logs - The access and error logs for all client's
hosts in one account should not exceed 500 MB in total.
"UNLIMITED" USAGE POLICIES AND DEFINITIONS
The term “UNLIMITED” is used to describe the amount of resources in the web hosting plans provided by OnlinePlus, which is not set to a predefined limit value (for example - unlimited bandwidth, unlimited disk space, unlimited emails or other unlimited resources). By not setting limits on key resources, we are able to offer our customers a simple, consistent pricing scheme as their websites demand more and more resources. As a result, a typical website may experience periods of great popularity and a resulting increased storage need without experiencing any associated increase in hosting charges.
In all cases, when a service is listed as “Unlimited“, it is intended for normal web hosting usage only - all activities, which may result in excessive resource usage inconsistent with regular usage patterns, are prohibited.
Our Unlimited service offers are not designed to allow a single user to influence the overall server performance. OnlinePlus will make every effort to provide its customers with additional resources whenever possible, including the relocation of a customer's hosting account to a newer, faster server. However, if the resource usage reaches a level where it may influence the overall server performance in a negative way, OnlinePlus reserves the right to take corrective actions. Such actions may include disconnection or discontinuance of any and of all offered services, removal or deletion of customers' websites, website content, electronic mail, or termination of a customer's account according to OnlinePlus's sole and absolute discretion.
SERVER
USAGE &
HOSTED CONTENT
-
Server
content MUST comply with the parameters stated in this TOS
and
our AUP (Acceptable Use Policy). Web content requirements exclude
the publication of illegal content or content considered
inappropriate otherwise. If any of OnlinePlus Services are used
for the illegal purpose of SPAM or UCE, then they will be terminated
instantaneously. OnlinePlus expressly bans the use of any
OnlinePlus hardware or software hosted on a OnlinePlus
server for trying to illegally access another hosted machine or
network. 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 a OnlinePlus
Service representative.
- We offer free themes with each hosting account, which customers can use for their sites. The images used in the featured sliders, the logo images and background photos are provided to demonstrate the theme only. They are not part of the theme and can't be used in the customers' live site.
-
Using
If your website has been hacked/ infected with malicious content, we reserve the right to access your hosting account and delete the corrupted files. In this case, there will be no need for your account to be suspended. This way, your website(s) will be brought back to their normal state and you will be able to continue using our service.
-
Using
OnlinePlus temporary URL is not
defined as a bandwidth stealing. However customers should not rely
on OnlinePlus temporary URL as a basic
URL. Traffic processing there is not recommendable. OnlinePlus
cannot and will not be held responsible for changing it afterwards.
Customers are advised to use it temporarily and redirect their
traffic to their own domains.
back to top
-
NO UNLAWFUL
OR
PROHIBITED USE
As a condition for customer use of OnlinePlus Services, You - the
Customer, agree that you will not use OnlinePlus Services for any
purpose that is unlawful or prohibited by these terms, conditions, and
notices, and/or our Acceptable Use Policy (AUP). OnlinePlus
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.
Customers are solely responsible for the content of their messages.
Using OnlinePlus 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, OnlinePlus 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.
OnlinePlus 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's Terms of Service
(this document) and Acceptable Use Policy (AUP). Customers may not
attempt to gain unauthorized access to any OnlinePlus Services,
other accounts, computer systems or networks connected to any
OnlinePlus Services, through hacking, password mining or other
means. Customers may not obtain or attempt to obtain any materials or
information through any means not intentionally made available by
OnlinePlus Services.
OnlinePlus's management will thoroughly scrutinize all received
orders and decide, to their own discretion, which of them do not comply
with the officially stated requirements for use of the company servers.
OnlinePlus reserves the right to refuse service to unlawful
parties. OnlinePlus reserves the right at all times to disclose
any information, as OnlinePlus 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 OnlinePlus.
back to top
-
E-COMMERCE
CUSTOMER
WEBSITES
When buying an allocated space on OnlinePlus servers for the
purpose of creating online stores or related e-commerce activities
websites, customers agree to be fully responsible for the development,
operation and maintenance of their web sites, online stores and
e-commerce activities within that websites. The Customer is the only
one in charge of approving, processing and filling clients' orders and
taking care of clients' 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
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 is in charge of all products and services,
as well as all contents and materials appearing online on his/her
e-commerce website, 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 OnlinePlus 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 OnlinePlus 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 OnlinePlus to reproduce, copy, use and
propagate all and any part of the Customer Content for ensuring and
operating the Services. OnlinePlus is granted the right to
estimate, at its own discretion, the extent to which these operations
need to be carried out.
back to top
-
THIRD PARTY DEALINGS
Any dealings with third parties (including advertisers) carried out
through OnlinePlus Services, including participation in
promotions, payment for goods and services, and/or any other terms,
conditions, warranties or representations associated with such dealings
or promotions, are solely between the Customer and the advertiser or
the other third party. OnlinePlus shall not be responsible or
liable for any part of such dealings or promotions.
back to top
-
CANCELLATION, REFUND & MONEY-BACK; CHARGEBACKS
CANCELLATION
& REFUNDS
OnlinePlus accounts are set up on a prepay
basis. OnlinePlus customers may
decide to cancel their accounts at any time, however they will get a
full refund of the service only if the cancellation request is made
within 30 days of purchasing of the account, according to our Money
Back Guarantee Policy
To
cancel an
account, the Customer needs to send an e-mail or support ticket to
our Sales Department and provide any authentication credentials
requested by OnlinePlus. Other forms of cancellation requests
will not be accepted. Any incentives (free bonuses, etc.) offered to
the Customer upon sign-up will be also cancelled.
Domain
name
registrations/transfers, service
upgrades and
web hosting plan renewals are
treated as
non-refundable
services
(see below) and cannot be cancelled or refunded after being activated
upon customer request. The Customer will have the opportunity to
transfer his/her domain away to another host.
Late
cancellations,
as well as accounts cancelled by OnlinePlus. due to TOS violations
(where the customer has decided not to fix the violation) do not
qualify for the 30-day money back guarantee.
All
credit requests
for VISA, MasterCard, American Express and Discovery payments are
processed within 48 hours of the submission of the refund request (by
e-mail or ticket, as mentioned above). The funds will be credited
back to the Customer's credit/debit card and affect the Customer's
credit/debit card balance in accordance with the credit/debit card
issuer's terms of service.
All
credit requests
for PayPal payments are processed within 48 hours of the submission
of the refund request (by e-mail or ticket, as mentioned above). The
funds will be credited back to the Customer's PayPal account and
affect the Customer's PayPal balance in accordance with the
PayPal's terms of service.
MONEY BACK GUARANTEE POLICY
OnlinePlus offers a 30-day
money back guarantee. If you are not
satisfied with our hosting services, you can submit a refund request in
a trouble ticket opened from your web hosting control panel, or via
email sent to billing@duoservers.com, and receive full refund for your
hosting plan within 30 days of the purchasing of the account. Please,
NOTE that domain name registrations/transfers are non-refundable
services (for more information see chapter 10 of this document).
SSL certificate issuance, as a third-party service, is not covered by the 30-day money-back guarantee that OnlinePlus provides for its web hosting services. An SSL certificate buyer is eligible for a refund within 7 days of purchase.
All recurring payments, as well as all payments made via a wire transfer, are non-refundable and are not covered by the 30-day money-back guarantee.
NON-REFUNDABLE
SERVICES
Non-Refundable
Services: all service upgrades, wallet refills and plan renewal services purchased from the Web Hosting Control Panel; all 1-year or multi-year domain registration or transfer services purchased at sign-up or from the Web Hosting Control Panel.
All
domain
registrations and domain transfers are final, do not include any
money-back guarantee and will be subject to a fee that is calculated
on the basis of the actual NON-PROMOTIONAL annual price of the
purchased domain's TLD, multiplied by the number of years of
registration or transfer. Any refund amount credited back to the
Customer in accordance with our 30-day money back guarantee will not
include the cost of the non-refundable services (if any) that have
been purchased with the Customer's web hosting plan upon sign-up
(i.e. the Customer will be issued a partial refund on the original
transaction if he/she has purchased non-refundable services within
the web hosting account). A table containing the annual
NON-PROMOTIONAL prices of all domain names offered by OnlinePlus
is located in section 3 of this legal document.
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 at OnlinePlus will be subject
to full investigation.
When
signing up for
a web hosting account with OnlinePlus, customers agree to the
conditions explicated in our Acceptable
Use
Policy (AUP) and the Web Hosting Terms of
Service (this
document). Thus, OnlinePlus, as well as our 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 our OnlinePlus team will
be to try to contact the user. Meanwhile, the user 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 our authorized retailers and the
account will be re-activated.
If
the user has sent
a chargeback request based on groundless argumentation (to our own
judgment and these Web Hosting Terms of Service), then a dispute will
be started with our authorized retailers in which the Web Hosting
Terms of Service (this document) and the Acceptable
Use Policy of OnlinePlus will serve as
proof 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 OnlinePlus
has the right to a reverse payment.
In
case that the
chargeback originates from a fraudulent user and no reverse payment
procedure can be initiated, then the respective hosting account will
remain suspended.
back to top
-
NEWS RELEASES
Certain sections of OnlinePlus news releases may contain
forward-looking statements projecting future events, such as new
software incorporations, updates, promotions, hosting introductions,
etc. It is possible that these statements may deviate from the actual
circumstances, since they are treated as intentions and express
expectations and approximate plans of action regarding the relevant
forthcoming events.
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", etc. However, their availability is not a prerequisite for
a forward-looking statement to be treated as such.
back to top
-
TORTUROUS CONDUCT
Any way of indecent treatment towards a OnlinePlus employee will
be considered as totally inappropriate and unacceptable. Each Customer
is expected to communicate in an utterly polite and professional manner
with OnlinePlus employees regarding any request for help or
consultation, or any other reason for contacting our OnlinePlus
team 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 OnlinePlus customer care stuff will be interpreted
as a breach of this TOS. OnlinePlus 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, including refuse refunds to users whose accounts
have been suspended for violating this TOS provision.
back to top
-
FORCE MAJEURE
CIRCUMSTANCES
OnlinePlus CANNOT and WILL NOT be liable for any failure or delay
in doing its professional duties resulting from circumstances beyond
its physical control. Such circumstances may represent acts of any
governmental body, war, rebellion, sabotage, embargo, fire, flood,
strike or other labor disturbances, 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.
back to top
-
SERVICE
PROVISION; WARRENTIES AND REPRESENTATIONS
You understand and agree that the Service is provided on an ‘AS-IS'
basis without warranties or representations for its offering. The
company bears no responsibility for connection problems in cases when
customer's hosting with OnlinePlus confronts with service
interruption issues. OnlinePlus assumes no liability for any
service failure, or failure to deliver or store any Customer
communication or personalization settings.
back to top
- SERVICE
DISCONTINUANCE
OnlinePlus reserves the right to discontinue the delivering of the
services and terminate this agreement for a certain period of time or
indefinitely, with a prior notice. If the reason for this is Customer's
failure to observe these Web Hosting Terms of Service and/or our
Acceptable Use Policy, no refund will be issued to the customer for the
unused period of his/her annual subscription with OnlinePlus. If
the Customer has not violated any part of these Web Hosting Terms of
Service, the Acceptable Use Police and/or any other related documents
(Customer agreements) mentioned hereby - the Customer will receive
partial refund covering the period of his/her web hosting subscription
with OnlinePlus that has not been used.
back to top
-
COMPLAINTS
PROCEDURE
OnlinePlus is dedicated to providing the highest levels of
customer service round the clock. If you feel dissatisfied with any
aspect of our service, you are encouraged 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 us with 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:
1.
OnlinePlus will confirm receipt of your complaint in writing,
notifying you that the complaint will be addressed without delay.
OnlinePlus reserves the right to refuse to investigate complaints
which are apparently frivolous, abusive or offensive.
2.
OnlinePlus customer care representative will review your
situation, search for an appropriate solution and inform you of the
timeframe within which a response should be expected.
3. If
the OnlinePlus Customer Care representative is not able to resolve
your case within the pre-announced period, your complaint will be
escalated to a Customer Care manager.
4. If
the OnlinePlus Customer Care manager also can't provide you with
an appropriate solution, then your complaint will be forwarded to the
Company Director, who will further investigate the situation and ensure
that all necessary measures have been taken. The Company Director will
respond in writing within two working days, and reply with a solution
within five working days.
5. An
alternative complaint submission method is sending a fax to the
following number: +1.510.868.6446
back to top
-
CUSTOMER
SERVICE CONTACT DETAILS
Customers
can get in touch with our Customer Service via any of the contact
options listed below:
1. Open a trouble ticket from the customer Web Hosting Control Panel
(section Help Center - > Open New Ticket)
2. Phone or Fax:
US TOLL FREE PHONE: +1-855-211-0932
INTERNATIONAL PHONE: +1-727-546-4678
UK PHONE : +44-20-3695-1294
AU PHONE : +61-2-8417-2372
3. Send us a Letter to:
LiquidNet US LLC
6750 North Andrews Ave
Suite 200
Fort Lauderdale, FL 33309
United States of America
LiquidNet Ltd.
13 Craigleith
7 Kersfield Road
Putney, London SW15 3HN
United Kingdom
back to top
-
REVISIONS
In order to improve its web hosting and customer care services,
OnlinePlus reserves the right to revise these terms and conditions
at any time without prior notice. Customers are encouraged therefore to
review this document periodically.
back to top
-
ASSIGNMENT
Customers do not have the right to assign this Agreement without the
explicit permission of OnlinePlus. This Agreement shall be in
force and effect to the total benefit of the Customer and
OnlinePlus, and their successors and permitted assigns.
back to top
-
TERMINATION
You agree that OnlinePlus, at its sole discretion, may terminate
your password, account or use of the Service(or any part thereof), and
remove and discard any Content within the Service if you violate this
Agreement.
OnlinePlus Service Level Guarantees
30 DAY MONEY BACK GUARANTEE
If, for any reason, you are dissatisfied with our hosting
services, we will refund your hosting fees at any time during the first
30 days after you have signed up for an account with us. You can email
us at billing@duoservers.com and receive full refund for your hosting
plan within the 30-day money-back period.
Please, NOTE that domain name registrations are
final and non-refundable. As changes are no longer allowed after a
registration request is submitted, you should always check for correct
spelling before purchasing a domain name.
SERVICE GUARANTEES
99.9%
Network Uptime Guarantee
OnlinePlus guarantees that your website(s) will be up and running
at least 99.9% of the time during any 12-month period. This guarantee
includes network and server uptime. However, we cannot be held
responsible for upstream problems outside of our network and areas
where OnlinePlus has no direct
influence, such as backbone provider failures, fiber-optic main line
cuts, DNS or Registrar problems with subscribers’ domain names,
routing problems between a client’s location and our data center.
The uptime guarantee is also not applicable if the service
interruption was caused by a natural or unnatural event that is not
directly under the control (or jurisdiction) of OnlinePlus. OnlinePlus may temporarily deny or terminate the
Service upon client’s failure to pay their charges at due time.
OnlinePlus guarantees 99.9% network uptime and server stability. This, however,
does not refer to problems stemming from:
a. Server Hardware Breakdown.
b. User error(s) or purposeful interruption(s) (e.g.
if the client shuts his/her own server down, OnlinePlus is not
responsible for the downtime).
c. Failures due to software that is not explicitly
supported by OnlinePlus. Consequently, if a hardware crash provoked
by the customer happens, OnlinePlus has no responsibility for the
resulting downtime.
Network Outages or Unexpected
Downtime is any unplanned or unexpected interruption in the
network availability due to hardware, software, network connectivity
or data center problem, during which a 100% packet loss is
experienced.
Scheduled Downtime is any scheduled
interruption of the services for the purpose of network
software/hardware upgrades, or replacement of any network equipment in
order to be provided better service for the customers. Scheduled
downtimes occur within pre-notified downtime periods, with as many
warnings as possible sent via e-mail or posted in our news section
minimum 24-hour in advance.
SUPPORT RESPONSE GUARANTEE
OnlinePlus guarantees 24/7 support available 365 days
per year. Support is available via our online Contact Us form, via our
phone lines and live chat, and the web hosting control panel integrated
ticketing system. Each ticket is replied to within no more than 60
minutes after it has been opened.
Dedicated 24/7 Support For All Customers
- 24/7 Ticketing support with 25 minutes average reply time
- 2 US tel. support lines are available from 4am to 8pm PST
- An additional UK tel. support line is now available
OnlinePlus Acceptable Use Policy
An Acceptable Use Policy (AUP) is a set of
rules
and conditions compiled
by a network, system or a website owner. These rules explicitly
define and restrict the ways in which the respective network, system
or website may be used.
The AUP of OnlinePlus aims to clearly outline
the
purposes for which our customers CANNOT utilize our hosting services
and position data on our network servers.
This Acceptable Use Policy (AUP) is an integral part of the Web
Hosting Terms of Service which each customer
agrees to
abide by when signing up for an account with our web hosting company.
Any violation of this AUP will be
deemed a
violation of our Web Hosting Terms of Service.
We, at our own discretion, shall determine whether an act constitutes
a breach of this AUP terms and misuse of our services. We reserve our
right to be the sole arbiter in determining the sufficiency of the
presented evidences. We will respond accordingly, and/or immediately
terminate the provision of the services, shall we receive report,
and/or have sufficient proof, of any prohibited conduct outlined in
this AUP, or any other activity threatening the security of our
hosting environment and/or our network of hosting servers.
In order to protect our company’s reputation and responsibilities,
and guarantee state-of-the-art and reliable hosting services to all
our customers, as well as privacy and security for all users, we –
OnlinePlus - hereby outline the following AUP
rules and
conditions to come into force for each customer signing up for a web
hosting account with our company:
1.
System Abuse
2.
Spam and
Spamvertizing
3.
Inappropriate
or Unlawful Content
4.
Copyrights
5.
Corrective Actions
6.
Reporting
Violtaions
7.
Revisions
1. SYSTEM ABUSE
Any
customer in violation of our 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 our
system’s security,
authentication measures, data or traffic. Interference with the
service to any user, host or network including, but not limited to:
e-mail bombing, flooding, deliberate attempts to overload the 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.
-
Any
attempt at
doing harm to a server or a customer of our web hosting services:
OnlinePlus will immediately and
resolutely react to any attempt at misuse of an
Internet account or computer, or any attempt to gain access to an
internet account or computer by a OnlinePlus customer
unauthorized by the account/computer owner. Such attempts include,
but are not limited to the following: 'Internet scamming’
(tricking other people into releasing their passwords, etc.),
password robbery, security hole scanning, running proxy - proxy lists
and any kind of proxy scripts (including, but not limited to php
proxy and nph proxy), introducing of any computer programs (viruses,
Trojan horses, trap doors, back doors, worms, time bombs, packet
bombs, cancel
bots,
etc.) that are
intended to negatively interfere with, intercept, irreversibly damage
or take hold of any system, data or personal information. It WILL NOT
matter whether the attacked account or computer belongs or not to
OnlinePlus services. The fraud will be subject to actions based
on the very nature of the attack and those may represent a warning,
an account suspension or cancellation, and/or civil or criminal legal
actions.
‘Background process’ is a program that runs in the background of
the operating system. What is specific for a background process is
that, once started, it runs simultaneously with other foreground
processes. This means that, the shell executing the background
operation does not wait for it to finish or terminate, as it does
with foreground processes, but is free to start executing more
operations along with the background one. Typical background
processes are ircd, irc bot, bnc, and many others.
Background processes are not permitted on any of our shared hosting
servers, as they usually lead to CPU overload and can be used for
malicious and/or illegal actions. As our primary task is to provide
highest quality web hosting service to all our customers, we cannot
permit any background processes to be executed and threaten the
performance of our server network. Our shared hosting system does not
allow a big multitude of users to simultaneously use the system
memory and processing time of our servers.
In
order to ensure higher server performance and quality of hosting
service all shared hosting plans are subject to certain resource
limitations concerning, but not limited to, server CPU usage, Memory
usage, disk-space and traffic. If a hosting account exceeds the
allowed amount of system resources the account owner will be
immediately notified to take actions in order to reduce the usage. If
such action is not instantly taken by the owner the account will be
suspended. If an excessive CPU usage is detected the account owner
will be suggested to place an order for a CPU usage upgrade or
upgrade to a plan which allows higher CPU usage.
If
any hosting account is found to be causing degradation of the server
and/or our hosting network’s performance, regardless of the reason,
the account will be subject to suspension or immediate removal,
depending on the situation. OnlinePlus will be the sole arbiter
in determining whether a given account is excessively using the
server resources and/or causing a server degradation.
back to top
2. SPAM
AND SPAMVERTIZING
SPAMMING IS PROHIBITED. Users MAY NOT
utilize
our web hosting services
to transmit,
distribute or deliver any unsolicited bulk or commercial messages
over the Internet (an action known as "spam" or
"spamming").
Spamming is a violation
of ethic norms and will
be interpreted as
an infringement. OnlinePlus
will
not tolerate the sending of unsolicited bulk or commercial messages
through our services, as well as through another service that is
mentioning, in some way, our customer’s domain name or implies the
utilization of our network or our e-mail services for sending the
unsolicited bulk or messages.
SPAMVERTISING IS PROHIBITED. 'Spamvertizing’ refers to the
practice of sending unsolicited spam messages for the purpose of
advertising a particular website.
If
such e-mails are relayed through 3rd party
(e-mail
spoofing) and/or are promoting a domain hosted on our servers, this
will lead to immediate account suspension unless an evidence of
legitimacy for non-involvement of the domain owner in the particular
illegal action is provided.
’E-mail
spoofing’
is a fraudulent e-mail activity in which the sender’s (3td party)
e-mail address and other parts of the e-mail header are changed so as
to appear that the e-mail has been sent from a different source
(e-mail address owner/server).
'Unsolicited message’ is a message that is sent against the
privacy policy of a newsgroup, or is sent to a recipient without
their explicit permission. We, at our
sole
discretion, shall determine
whether any of
the messages you are sending
is spam or
spamvertizing. For your information, spamming generally includes, but
is not limited to the following
-
Sending of unsolicited
messages in bulk, or sending of unsolicited
e-mails, which provoke
complaints from
recipients;
-
Sending of junk mail;
-
Use of distribution lists that include people
who have not given
prior explicit permission
to be involved
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;
-
Excessive and repeated cross-posting;
-
E-mail harassment of
another Internet Customer or Customers,
including but not limited to, transmitting of any threatening,
libellous or obscene material, or material of any nature that may be
deemed offensive;
-
E-mailing of
age-inappropriate communications or content to anyone
under the age of 18.
back to top
3.
INAPPROPRIATE
OR UNLAWFUL CONTENT
CONTENT
published or transmitted via OnlinePlus’s hosting services
includes website content, email content, forum/blog postings, chat
content, and/or any other type of content hosted on our servers,
published online or transmitted through our network’s services.
The
user of our services is NOT permitted to post online content or have
links to content that:
-
is
defamatory, abusive or obscene, violates a person’s
reputation/privacy, is reasonably deemed offensive by the web
community, is anti-religious or anti-human rights, or contains any
type of threatening or hate speech, encourages harassment or
physical harm to any group or individual, or is otherwise
malicious/fraudulent and may result in complaints/liabilities/or
retaliation against OnlinePlus by offended viewers;
-
promotes
or
encourages illegal activities (e.g. illegal drugs, illegal gambling,
arms trafficking, etc.) or violates any applicable law, statute,
ordinance or regulation, including but not limited to the laws and
regulations governing export control, unfair competition, false
advertising, consumer protection, etc.
-
represents
pornography – any type of pornographic/adult material, including
child pornography, or advertisements of pornographic websites;
-
represents
infringement on copyright, patents, trademarks, trade secrets, or
third party's intellectual property or proprietary rights, including
pirated computer programs, hacking/phreaking software, warez or any
type of software/content (including also ROMs, ROM Emulators, media
files – MP3, AVI, .RM, etc., torrent files, and others) that is
copyrighted, is NOT uploaded in compliance with its license
agreement or is NOT freely available for distribution.
back to top
4. COPYRIGHTS
Copyrighted material must not be placed on customers' accounts
without the explicit permission of the copyright owner or a person
explicitly authorized to give such permission by the copyright owner.
Upon receipt of a claim for copyright infringement, or a notice of
such violation, we will immediately run full investigation and, upon
confirmation, will promptly remove the infringing material from the
Services. Further procedures (in accordance with our stated below
corrective measures) will be carried out if necessary. We will assume
no liability to any Customer of the Services for the removal of any
such material.
back to top
5.
CORRECTIVE
ACTIONS
We reserve our right to be the sole arbiter in determining
the seriousness of each infringement and to immediately take
corrective actions.
We will
disable the customer's account if we deem necessary, at our sole discretion. Upon closing of the customer’s
account we will send an e-mail notification to the customer, stating
the reason for the termination and quoting our terms’ chapter that
has been violated. The customer will be given an opportunity to
respond and take measures to remedy the situation should he/she
consider him/herself abused by a third party. Upon fulfilling of this
obligation, we may re-activate the customer’s account, if we find,
at our own discretion, sufficient evidence pro customer’s side.
Closed
accounts due to repeated violations will not be re-activated. A
backup may be requested, however it will be subject to certain
penalty fees imposed according to the breach of this AUP terms. The
final penalty fee will be determined by the type and frequency of the
violations.
back to top
6.
REPORTING
VIOLATIONS
If
you need to report a violation of this AUP agreement or believe that
you or your system has been subject to attack originating from our
web hosting system, please contact us immediately. Our professional
team will investigate the situation and provide you with full
assistance.
back to top
7.
REVISIONS
We
reserve our right to change this AUP at any time, without prior
notice. We encourage our users to periodically review this Acceptable
Use Policy and our Web Hosting Terms of Service.
back to top
Semi-dedicated Server Terms
Service Level Guarantees for Semi-dedicated Servers
Acceptable Use Policy for Semi-dedicated Servers
This is an Agreement between You - Customer of our Semi-Dedicated Hosting Services, and the following companies, which partner with OnlinePlus - LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. Legal details about the two companies can be found in the 'Customer Service Contact Details' section of this document. For the sake of brevity, OnlinePlus, LiquidNet US LLC and LiquidNet Ltd. will be referred to as 'OnlinePlus' in this document.
When signing up for a Semi-Dedicated hosting account with OnlinePlus, the Customer agrees to
abide by the rules and provisions explicated in these Semi-Dedicated Terms of Service, as well
as all the 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 Semi-Dedicated
hosting account with OnlinePlus, 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 OnlinePlus 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 servers and should consider
carefully each piece of information before uploading it to his/her newly allocated Semi-Dedicated
server space. We highly recommend that Customers avoid publishing online personal data that
could be abused.
-
SERVICE AGREEMENT; ENTIRE AGREEMENT
OnlinePlus 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 OnlinePlus 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 OnlinePlus and the Customer.
-
SEMI-DEDICATED SERVER HOSTING SERVICES - FEATURES, RULES FOR ACTIVATION AND PAYMENT BASIS
-
SERVICE FEATURES
Basic Features:
-
Disk Space - UNLIMITED
-
Traffic - UNLIMITED
-
Hosted Domains - UNLIMITED
-
Domain Registration/Transfer - available at a regular or discounted price
(depending on the chosen TLD) at Sign Up, and also (later on) as upgrade from
the Customer's Web Hosting Control Panel (at a regular price). Each account can
host a maximum of one discounted domain name. Domain registrations are final
and are not subject to refund. More information regarding domain names can be
found further in this TOS (Terms of Service), in our Domain Name Registration
Agreement and in the Domain Name Dispute Resolution Policy.
-
E-mail accounts - UNLIMITED
-
MySQL Databases & Database Storage - UNLIMITED
-
PgSQL Databases & Database Storage - The Semi-Dedicated 1 package has a fixed PgSQL database & database storage quotas – 5 databases and 160 MB database storage. Additional database storage is available as upgrade. Contact sales for pricing.
The Semi-Dedicated 2 package comes with UNLIMITED PgSQL database & database storage quotas.
Optional Features:
-
IP Address - For many customers IP address is important for starting SSL hosts, that's why we have a dedicated IP addresses featured in both our Semi-Dedicated packages.
-
SSH - Optional for the Semi-Dedicated 1 package; included in the Semi-Dedicated 2 package.
-
ID Protection - This service ensures that your private contact information
will not be visible in the domain's WHOIS details. Optional with the two
Semi-Dedicated packages, but available only with certain TLDs (not all TLD
registries support the IDP service).
More comprehensive information about all features included in our Semi-Dedicated
hosting services is available on our semi-dedicated hosting pages.
-
INSTALLATION AND TROUBLESHOOTING
Each customer will be able to take advantage of our Installation & Troubleshooting service upgrade. It allows users to get one-time expert assistance from our technical support team or system administrators for a period of 1 hour. The Installation & Troubleshooting is intended for:
- Hacked sites cleaning and restoration service
If you find your website hacked or reported to be infected you can rely on our help getting this fixed for you. This service included a backup of the current content, cleaning and/or restoring broken files from original script installation or restore from a previous copy.
- Script, theme, plugin installation service
If you need any software installation, theme/template or even plugin installation that you do not wish to deal with, we can do it for you. We will backup the current site (if any) and complete the desired installation for you.
- Scripts troubleshooting and debugging services
In case you have an issue with a software that you are unable to handle, we can do the troubleshooting and fix it for you.
- Manual files, database or emails transfers between hosting accounts using our services. If you want to move a site or few over to another account we can handle the migration for you hassle free.
The Installation & Troubleshooting will not apply in the following cases:
- Our installation service covers only fresh installations (no upgrades). We will not perform custom work or upgrade to a recent version on an already existing scripts.
- The service will not include any configuration of the scripts beyond their installation. After the scripts are being activated and operational any further tweaking and setup is done by the client.
- We will only provide installation and troubleshooting if the hosting is provided by us on our Linux Based Servers. We do not provide the service for any Windows, Linux and MAC servers which are not powered and managed by us.
- We don-t provide any warranties and will not be held responsible for any data loss or any script, theme, plugin not operating as intended.
-
RULES FOR ACTIVATION; SERVICE PAYMENT
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 Semi-Dedicated service is set up on a monthly basis.
The Customer agrees to pay for the rendered Service in advance for each
monthly service term.
-
Non-Payment of the Service shall result in an inmediate service suspension
at the due date of the monthly fee. The data hosted on the Semi-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.
-
SERVICE GUARANTEES
OnlinePlus 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, OnlinePlus is not responsible for the
downtime);
-
Failure due to software that is not explicitly supported by OnlinePlus.
If a hardware crash provoked by the Customer consequently happens, OnlinePlus is beyond the control and responsibility for the resulting downtime.
For more information, please refer to our Service Level Guarantees.
-
DATA BACKUP
Data backup is performed on a daily basis. The backup includes all the contents
of a client's /www/ folder, as well as all databases.
Important: The available space for a Customer's backup is 5 GB of disk storage.
User accounts with content over 5 GB cannot be (partially or entirely) backed up.
-
SERVICE ACTIVATION AND CONTINUANCE TIMESCALES
-
30-DAY FREE TRIAL
All our semi-dedicated servers include a 30-day free trial option, which can be enabled as soon as a given Customer has created an account. Only new Customers can take advantage of this possibility. The free trial period itself will expire 30 days after activation.
During the free trial period, the account will operate with several limitations, which may differ based on the chosen package. More information on the subject will be sent to the Customer on the free trial period's start date. After the trial period ends, the Customer will no longer have access to the Service unless they complete their purchase.
All customer's data will be kept for up to 30 days after the end of the free trial period. In case that the customer does not complete the order procedure within that period, the data will be deleted from our servers.
At any given time during the free trial period, the Customer may convert their free account into a standard paid account by clicking the "Complete Order" button in the Web Hosting Control Panel.
-
SERVICE ACTIVATION
For newly signed up clients - The Services are activated immediately 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 be prevented fraudulent orders). 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.
-
CONTINUANCE TIMESCALES
Semi-Dedicated Accounts - The newly-created Semi-Dedicated hosting accounts
with OnlinePlus 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
Semi-Dedicated server account.
Domain Name Registrations/Transfers - OnlinePlus 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 Semi-Dedicated account (at a regular
or PROMOTIONAL price) or separately (later on) as an upgrade from the Customer's Web
Hosting Control Panel. The table below displays the minimum and maximum registration
periods, as well as the annual NON-PROMOTIONAL prices of all TLDs:
| tld | min/max period of registration @ min period price |
|---|
| .ae | 1-5 years @ $60.00 per year |
| .asia | 1-10 years @ $23.41 per year |
| .at | 1 years @ $21.99 per year |
| .be | 1 years @ $14.12 per year |
| .biz | 1-10 years @ $20.00 per year |
| .ca | 1-10 years @ $23.00 per year |
| .cc | 1-10 years @ $32.64 per year |
| .ch | 1 years @ $40.00 per year |
| .club | 1-10 years @ $22.70 per year |
| .cn | 1-10 years @ $14.90 per year |
| .co | 1-5 years @ $40.00 per year |
| .co.il | 1 years @ $40.00 per year |
| .com | 1-10 years @ $15.54 per year |
| .com.au | 2 years @ $36.00 per year |
| .com.cn | 1-10 years @ $14.90 per year |
| .com.mx | 1-5 years @ $72.37 per year |
| .company | 1-10 years @ $40.00 per year |
| .com.tw | 1-10 years @ $39.73 per year |
| .co.nz | 1-10 years @ $35.00 per year |
| .co.uk | 1-10 years @ $15.00 per year |
| .co.za | 1 years @ $25.00 per year |
| .de | 1 years @ $28.00 per year |
| .deals | 1-10 years @ $40.00 per year |
| .dk | 1-3,5 years @ $45.00 per year |
| .es | 1-5 years @ $28.00 per year |
| .eu | 1-10 years @ $12.77 per year |
| .family | 1-10 years @ $29.80 per year |
| .fi | 1-5 years @ $35.00 per year |
| .fr | 1 years @ $28.00 per year |
| .gr | 2 years @ $39.74 per year |
| .guru | 1-10 years @ $39.73 per year |
| .host | 1-10 years @ $113.52 per year |
| .hosting | 1-10 years @ $495.38 per year |
| .idv.tw | 1-10 years @ $39.73 per year |
| .ie | 1-10 years @ $32.89 per year |
| .in | 1-10 years @ $35.00 per year |
| .info | 1-10 years @ $20.00 per year |
| .it | 1 years @ $28.00 per year |
| .jp | 1 years @ $61.74 per year |
| .me | 1-10 years @ $35.00 per year |
| .me.uk | 1-10 years @ $12.06 per year |
| .mobi | 1-10 years @ $28.38 per year |
| .mx | 1-5 years @ $72.37 per year |
| .name | 1-10 years @ $17.03 per year |
| .net | 1-10 years @ $16.00 per year |
| .net.au | 2 years @ $41.16 per year |
| .net.cn | 1-10 years @ $14.90 per year |
| .net.nz | 1-10 years @ $26.96 per year |
| .news | 1-10 years @ $29.80 per year |
| .ninja | 1-10 years @ $25.54 per year |
| .nl | 1 years @ $28.00 per year |
| .no | 1 years @ $35.00 per year |
| .nu | 1-10 years @ $25.54 per year |
| .org | 1-10 years @ $17.00 per year |
| .org.au | 2 years @ $52.50 per year |
| .org.cn | 1-10 years @ $14.90 per year |
| .org.nz | 1-10 years @ $26.96 per year |
| .org.tw | 1-10 years @ $39.73 per year |
| .org.uk | 1-10 years @ $12.06 per year |
| .party | 1-10 years @ $41.15 per year |
| .ph | 1-2,5,10 years @ $61.02 per year |
| .pl | 1-3 years @ $39.73 per year |
| .pro | 1-10 years @ $24.12 per year |
| .pt | 1,3,5 years @ $25.54 per year |
| .qa | 1-5 years @ $60.00 per year |
| .ru | 1 years @ $21.28 per year |
| .se | 1-10 years @ $23.41 per year |
| .services | 1-10 years @ $40.00 per year |
| .site | 1-10 years @ $39.73 per year |
| .solutions | 1-10 years @ $40.00 per year |
| .space | 1-10 years @ $16.00 per year |
| .top | 1-10 years @ $19.87 per year |
| .tv | 1-10 years @ $70.00 per year |
| .tw | 1-10 years @ $39.73 per year |
| .uk | 1-10 years @ $15.00 per year |
| .us | 1-10 years @ $14.12 per year |
| .we.bs | 1-10 years @ $7.00 per year |
| .website | 1-10 years @ $32.64 per year |
| .ws | 1-10 years @ $38.31 per year |
| .xyz | 1-10 years @ $17.03 per year |
Domain Renewals - Domain names are valid for the period of their registration
(domain names can be registered for up to 10 years, depending on the domain name's
TLD extension). After the expiration of a domain name several stages follow regarding
its renewal.
-
The domain name Redemption Grace Period (RGP) is a registry level period of up to
30 days after a domain name's expiration date. During this period the domain name
is kept on hold by the Registrar before it gets deleted. The domain registrant is
allowed to retrieve the domain name from deletion, but this process costs
additional redemption fee. This extra 30-day period extends the time available
for renewing domain names. However, all domains that enter a redemption period
are removed from the zone files (the list of domain names currently in the global
DNS), therefore any web site or e-mail services associated with the domain name
will stop working.
-
Extended Redemption Grace Period - the extended redemption period adds another
7 - 30 days to the domain name's redemption period. During this period the
domain name owner is allowed to retrieve the domain name from deletion by
contacting the domain's registrar.
-
After the redemption period of an expired domain name is over, follows the
Pending Delete Period - a registry level period of up to 5 days during which
no one is allowed to renew the domain name and it cannot be newly registered
because it's still not returned to the public pool of domain names.
-
Released by Registry Period - after the domain name's 'Pending Delete Period'
is over, the domain name is released back into the public pool of domain names
and is newly available for registration.
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.
-
CANCELLATION, REFUND & MONEY-BACK; CHARGEBACKS
-
CANCELLATIONS
In order to cancel a Semi-Dedicated account, the Customer must send a support
ticket to OnlinePlus's Sales Department via his/her Web Hosting Control Panel
and provide any authentication credentials requested by OnlinePlus. Other forms
of cancellation requests will not be accepted.
-
REFUNDS
Semi-Dedicated server accounts - The Semi-Dedicated 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 cancelled 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.
-
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 OnlinePlus will
be subject to full investigation.
When signing up for a Semi-Dedicated server account with OnlinePlus the Customer
agrees to the terms and conditions explicated in this document (and its coherent
policies). Thus, OnlinePlus and its 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 OnlinePlus's Customer
Care team will be to try to contact the user. Meanwhile, the Customer's Semi-Dedicated
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
account will be re-activated.
If the Customer has sent a chargeback request based on groundless argumentations
(according to OnlinePlus's own judgment and these Semi-Dedicated Terms of Service),
then a dispute will be started with the authorized retailers in which these Terms of
Service and the AUP of OnlinePlus 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 OnlinePlus has the right to a reverse payment.
-
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 OnlinePlus
has reasonable grounds (at its sole discretion) to suspect that such
information is untrue, inaccurate, not current or incomplete, OnlinePlus 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 OnlinePlus in the course of 10 business
days after the changes become valid. The introduction of changes
should be done online through the customers' Web Hosting Control
Panel, 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: a) immediately
notify OnlinePlus about any unauthorized use of their password or
account or any other breach of security; b) ensure that they safely
exit (log out from) their account at the end of each session. OnlinePlus 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 Semi-Dedicated hosting account is registered with details
different than those of the person who paid for the account, and
in the case of any dispute, OnlinePlus 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.
-
ACCOUNT USAGE
-
CPU Cores (or usage of the Central Processing Unit(s) of the web server the Customer's Semi-Dedicated account is hosted on) - The CPU Cores value represents the ability of the semi-dedicated server to use up to 100% of the CPU time of one (or more) server core(s) for no longer than 24 hours.
If we do register a Customer over-usage of CPU, we will immediately notify the Customer and offer him/her to place an order for a CPU upgrade.
We reserve the right to block files or scripts that excessively use CPU. We may also suspend the Customer account in the case of registered impact on other accounts on the server or disturbance caused to its functioning.
-
E-mails - Customers are NOT allowed to send more than 10,000 emails per
day per Semi-Dedicated server hosting account. Each email message can have
up to 300 recipients. Each email account is entitled to 10 GB of storage space and up to 200,000 stored messages. All active email accounts under a semi-dedicated server must not exceed 100 GB in size.
You can create as many mailboxes as you need under one hosting account as long as you do not interfere with the other users on the server.
If a given user creates more than 3000 mailboxes under one hosting account, they could cause high server load by just modifying a password or change an alias.
This is why, if a particular hosting account simultaneously accommodates multiple mailboxes and its owner often executes changes like the ones mentioned above, then we'll be forced to disable the respective account and ask the client in question to migrate to a more powerful hosting environment where mailbox modification operations cannot lead to server performance issues.
-
File Quota - Each Semi-Dedicated hosting account is entitled to host up to
300,000 files.
-
Disk Space & Traffic - OnlinePlus offers generous amounts of disk space and network bandwidth. 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, 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 types) 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 that link to them. Audio, graphics and/or video files must be must be under 25% of the current web hosting disk usage and must never exceed 50 GB in size. Furthermore, such media files may amount to no more than 50% of the customer's total monthly traffic usage. Upon a support ticket request by our customer care team, each Customer must be able to 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. If the client fails to react within 24 hours after the request and does not remove the file/files in question, or if the apportioned traffic quota continues to be used for such purposes, OnlinePlus reserves the right to suspend the account and/or to remove the aforesaid content from the server. In such cases, refunds are not applicable and the money-back guarantee is no longer valid.
-
MySQL Usage - Each database hosted in our system can be used only by the
user who created it. Another user, whose account is hosted on the same or
on another server, cannot use the database created in the first-mentioned
Customer account. The MySQL database has a limit of 90,000 queries per hour
for Semi-Dedicated package 1 and 130,000 queries for Semi-Dedicated package
2. If the Customer has reached the limit of allowed queries per a given hour,
he/she will not be able to make any more queries.
In the next hour the Customer will have access to the
database again and the counter will be reset.
-
NO UNLAWFUL OR PROHIBITED USE
-
SERVER USAGE
OnlinePlus expressly bans the use of any Semi-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 OnlinePlus's Services, other accounts,
computer systems or networks connected to any of OnlinePlus'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 OnlinePlus's Services. For more detailed information regarding
all prohibited uses of our server network, please closely review next chapter of
these Terms and our Acceptable Use Policy (AUP). If you still have inquiries over
the matter, feel free to contact any of our Customer Care representatives.
-
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 OnlinePlus'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 OnlinePlus'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, OnlinePlus 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. OnlinePlus's Semi-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 OnlinePlus's Semi-Dedicated Terms of Service (this document) and the Acceptable
Use Policy (AUP).
-
CUSTOMER AGREEMENT
As a condition for Customer use of OnlinePlus'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). OnlinePlus's Semi-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.
OnlinePlus reserves the right at any time to disclose any information, as
OnlinePlus 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 OnlinePlus.
-
E-COMMERCE CUSTOMER WEBSITES
When buying a Semi-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 OnlinePlus 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 OnlinePlus 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 OnlinePlus to reproduce, copy, use and propagate all and any
part of the Customer Content for ensuring and operating the Services. OnlinePlus is
granted the right to estimate, at its own discretion, the extent to which these
operations may be carried out.
-
REFUSAL OF SERVICE
-
SERVICE DENIAL
OnlinePlus 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 OnlinePlus's Semi-Dedicated servers. OnlinePlus reserves the right to
refuse Service to unlawful parties.
-
SERVICE DISCONTINUANCE
OnlinePlus reserves the right to discontinue the provision of the Service (or
any part thereof) to any subscriber that has violated these Terms, as well as remove
and discard any Content within the Service, that OnlinePlus deems, at its sole
discretion, has violated any condition of the Service explicated in these Terms and
Conditions and/or the Acceptable Use Policy.
-
MISCELLANEOUS
-
NEWS RELEASES
Certain sections of OnlinePlus's news releases may contain forward-looking
statements projecting future events, such as new software incorporations,
updates, promotions, hosting introductions, etc. It is possible that these
statements may deviate from the actual circumstances, since they are treated
as intentions and express expectations and approximate plans of action regarding
the relevant forthcoming events.
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", etc. However,
their availability is not a prerequisite for a forward-looking statement to
be treated as such.
-
NOTICES
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 OnlinePlus. 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 OnlinePlus
should be sent to the address provided on OnlinePlus's website.
-
COMPLAINTS PROCEDURE
OnlinePlus guarantees highest level 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:
-
OnlinePlus will confirm receipt of your complaint in writing, confirming
that the complaint will be addressed without delay. OnlinePlus reserves
the right to refuse to investigate a complaint that is obviously frivolous,
abusive or offensive.
-
OnlinePlus'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 OnlinePlus'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
-
TORTUROUS CONDUCT
Any way of indecent treatment towards a OnlinePlus'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 OnlinePlus'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 OnlinePlus's Customer Care stuff will be interpreted as a breach of this TOS.
OnlinePlus 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.
-
CUSTOMER SERVICE CONTACT DETAILS
Customers can get in touch with our Customer Care representatives via any of the
options listed below.
Technical Support
Via the ticketing systems - open a trouble ticket from the Web Hosting Control
Panel (section Help Center - > Open New Ticket). 1-hour support response is
guaranteed! (anchor to 1-hour Support Response Guarantee from Service Level
Guarantees popup)
Pre-sale and general questions
-
Phone us at:
US TOLL FREE PHONE: +1-855-211-0932
INTERNATIONAL PHONE: +1-727-546-4678
UK PHONE : +44-20-3695-1294
AU PHONE : +61-2-8417-2372
-
E-mail us using our Contact Us form
-
Use our Live Chat
-
Send us a Letter to:
LiquidNet US LLC
6750 North Andrews Ave
Suite 200
Fort Lauderdale, FL 33309
United States of America
LiquidNet Ltd.
13 Craigleith
7 Kersfield Road
Putney, London SW15 3HN
United Kingdom
-
GENERAL REGULATIONS
-
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida, US.
-
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.
-
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.
-
INDEMNIFICATION
The Customer agrees to indemnify OnlinePlus, 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.
-
LIMITATION ON OnlinePlus'S LIABILITY
Force Majeure Circumstances - OnlinePlus 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 - OnlinePlus 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 OnlinePlus'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 - OnlinePlus 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 OnlinePlus
shall have no liability therefore.
-
ASSIGNMENT
Customers do not have the right to assign this Agreement without the explicit permission
of OnlinePlus. This Agreement shall be in force and effect to the total benefit of the
Customer and OnlinePlus and their successors and permitted assigns.
-
REVISIONS
OnlinePlus reserves the right to revise this document at any time, without prior notice.
Customers are encouraged therefore to periodically review these Semi-Dedicated Terms of
Service and the Acceptable Use Policy.
OnlinePlus Service Level Guarantees
SERVICE GUARANTEES
99.9%
Network Uptime Guarantee
OnlinePlus guarantees that your website(s) will be up and running
at least 99.9% of the time during any 12-month period. This guarantee
includes network and server uptime. However, we cannot be held
responsible for upstream problems outside of our network and areas
where OnlinePlus has no direct
influence, such as backbone provider failures, fiber-optic main line
cuts, DNS or Registrar problems with subscribers’ domain names,
routing problems between a client’s location and our data center.
The uptime guarantee is also not applicable if the service
interruption was caused by a natural or unnatural event that is not
directly under the control (or jurisdiction) of OnlinePlus. OnlinePlus may temporarily deny or terminate the
Service upon client’s failure to pay their charges at due time.
OnlinePlus guarantees 99.9% network uptime and server stability. This, however,does not refer to problems stemming from:
a. Server Hardware Breakdown.
b. User error(s) or purposeful interruption(s) (e.g.
if the client shuts his/her own server down, OnlinePlus is not
responsible for the downtime).
c. Failures due to software that is not explicitly
supported by OnlinePlus. Consequently, if a hardware crash provoked
by the customer happens, OnlinePlus has no responsibility for the
resulting downtime.
Network Outages or Unexpected
Downtime is any unplanned or unexpected interruption in the
network availability due to hardware, software, network connectivity
or data center problem, during which a 100% packet loss is
experienced.
Scheduled Downtime is any scheduled
interruption of the services for the purpose of network
software/hardware upgrades, or replacement of any network equipment in
order to be provided better service for the customers. Scheduled
downtimes occur within pre-notified downtime periods, with as many
warnings as possible sent via e-mail or posted in our news section
minimum 24-hour in advance.
SUPPORT RESPONSE GUARANTEE
OnlinePlus guarantees 24/7 support available 365 days
per year. Support is available via our online Contact Us form, via email and via the Web Hosting Control Panel integrated ticketing system. Each ticket is replied to within no more than 60
minutes after it has been opened.
An Acceptable Use Policy (AUP) is a set of rules and conditions systematized by a network,
system or a website owner that define and restrict the ways in which the network, system or
website may be utilized.
The AUP of OnlinePlus is aimed at explicitly outlining the purposes for which customers
CANNOT use our SEMI-DEDICATED hosting services and position data on our network servers.
This Acceptable Use Policy (AUP) is accepted as part of the Semi-Dedicated Terms of Service
each customer agrees to abide by when signing up for a Semi-Dedicated server account with our
hosting services. Any violation of these AUP terms will be considered as violation of our
Semi-Dedicated Terms of Service.
We - OnlinePlus, shall be the final part to determine whether an act constitutes a violation
of this AUP and misuse of our services. We reserve our right to respond accordingly and/or
immediately terminate the provision of the services, shall we become aware, and/or have
sufficient evidence, of any prohibited conduct outlined in this AUP, or any other action
threatening the secure environment of our Semi-Dedicated hosting customers and/or network
of servers. We shall be the sole arbiter in determining the sufficiency of the present evidences.
In order to protect our company's reputation and responsibilities, and guarantee robust
and reliable Semi-Dedicated hosting services to all our customers, as well as the privacy
and security of all our individual users, we - OnlinePlus - hereby state the following
AUP conditions to come into force for each user signing up for a Semi-Dedicated server
account with our hosting services:
- System Abuse
- Email Policies
- Inappropriate or Unlawful Content
- Copyrights
- Corrective Actions
- Reporting Violations
- Revisions
-
SYSTEM ABUSE
Any Semi-Dedicated hosting customer in violation of our system or network security will be
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 our system's security,
authentication measures, data or traffic. Interference with the service to
any user, host or network including, but not limited to: e-mail bombing,
flooding, deliberate attempts to overload the 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.
-
Any attempt at doing harm to a server or a customer of OnlinePlus services:
OnlinePlus will immediately and resolutely react to any attempt at
misuse of an Internet account or computer, or any attempt to gain access to
an internet account or computer by a OnlinePlus Semi-Dedicated hosting customer
unauthorized by the account/computer owner. Such attempts include, but are
not limited to the following: -Internet scamming' (tricking other people into
releasing their passwords, etc.), password robbery, security hole scanning,
running proxy - proxy lists and any kind of proxy scripts (including, but not
limited to php proxy and nph proxy), introducing of any computer programs (viruses,
Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots,
etc.) that are intended to negatively interfere with, intercept, irreversibly damage
or take hold of any system, data or personal information. It WILL NOT matter
whether the attacked account or computer belongs or not to OnlinePlus services.
The fraud will be subject to actions based on the very nature of the attack
and those may represent a warning, an account suspension or cancellation,
and/or civil or criminal legal actions.
-
Background operations/programs on servers:
-Background process' is a program that runs in the background of the operating system.
What is specific for a background process is that, once started, it runs simultaneously
with other foreground processes. This means that, the shell executing the background operation
does not wait for it to finish or terminate, as it does with foreground processes,
but is free to start executing more operations along with the background one. Typical
background processes are ircd, irc bot, bnc, and many others.
Background processes are not permitted on any of our Semi-Dedicated servers, as they
usually lead to CPU overload and can be used for malicious and/or illegal actions. As
our primary task is to provide highest quality web hosting service to all our customers,
we cannot permit any background processes to be executed and threaten the performance of
our server network.
-
Excessive use of system resources:
In order to ensure higher server performance and quality of the Semi-Dedicated
server hosting service, all Semi-Dedicated server accounts are subject to certain
resource limitations concerning, but not limited to, server CPU usage, database
usage, etc. If a hosting account exceeds the allowed amount of system resources,
the account owner will be immediately notified to take actions in order to decrease
the usage. If such action is not instantly taken by the owner, the account will be
suspended. When an excessive CPU usage is detected the account owner may be also
suggested to place an order for a CPU upgrade or a higher-resources Semi-Dedicated,
VPS or Dedicated hosting package.
If any Semi-Dedicated server hosting account is found to be causing degradation
of the server and/or our hosting network's performance, regardless of the reason,
the account will be subject to suspension or immediate removal, depending on the
situation. OnlinePlus will be the sole arbiter in determining whether a given
account is excessively using the server resources and/or causing server degradation.
-
EMAIL POLICIES
SPAMMING IS PROHIBITED. Users MAY NOT utilize our Semi-Dedicated server hosting
services to transmit, distribute or deliver any unsolicited bulk or commercial
messages over the Internet (an action known as "spam" or "spamming").
Spamming is a violation of ethic norms and will be interpreted as an infringement.
OnlinePlus will not tolerate the sending of unsolicited bulk or commercial messages
through our Semi-Dedicated server server hosting services, as well as through another
service that is mentioning, in some way, our customer's domain name or implies the
utilization of our server network or our e-mail services for sending the unsolicited
bulk or messages.
SPAMVERTISING IS PROHIBITED. -Spamvertizing' refers to the practice of sending
unsolicited spam messages for the purpose of advertising a particular website.
If such e-mails are relayed through 3rd party (e-mail spoofing) and/or are promoting
a domain hosted on our servers, this will lead to immediate account suspension unless
an evidence of legitimacy for non-involvement of the domain owner in the particular
illegal action is provided.
'E-mail spoofing' is a fraudulent e-mail activity in which the sender's (3td party)
e-mail address and other parts of the e-mail header are changed so as to appear that
the e-mail has been sent from a different source (e-mail address owner/server).
'Unsolicited message' is a message that is sent against the privacy policy of a
newsgroup, or is sent to a recipient without their explicit permission. We, at our
sole discretion, shall determine whether any of the messages you are sending is spam
or spamvertizing. For your information, spamming generally includes, but is not
limited to the following
-
Sending of unsolicited messages in bulk, or sending of unsolicited e-mails,
which provoke complaints from recipients;
-
Sending of junk mail;
-
Use of distribution lists that include people who have not given prior explicit
permission to be involved 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;
-
Excessive and repeated cross-posting;
-
E-mail harassment of another Internet Customer or Customers, including but not limited to,
transmitting of any threatening, libellous or obscene material, or material of any
nature that may be deemed offensive;
-
E-mailing of age-inappropriate communications or content to anyone under the age of 18.
BLOCK REMOVAL: If Customer actions have caused Company mail servers or Company IP
address ranges to be placed on black hole lists and other mail filtering software
systems used by companies on the Internet, the Customer will incur a $100 charge to the
Customer's account and $100 per hour for administrative charges incurred to remove and
protect mail servers and IP ranges.
-
Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass
email (spam) sent from a third-party network is prohibited.
-
Header Forgery: Forgery of email headers ('spoofing') is prohibited.
-
Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or
installation of proxy mailing software is prohibited.
-
Relaying. Configuration of a mail server to accept and process third-party messages
for sending without user identification and authentication is prohibited.
MASS MAILINGS: Sending mass unsolicited email is considered spam. Unsolicited email is
defined as email sent to a recipient who has not double-opted in to mailings from the Customer.
Senders of mass mailings must maintain complete and accurate records of all opt-ins, including
the email and its headers if applicable, and provide such records to the Company upon request.
If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of
the mailing are considered proof they did not subscribe and the mailing is unsolicited.
MAILING LISTS: Company's mass mailing rules also apply to mailing lists, list servs, or mailing
services contracted for by the Customer. The policy is stated as follows: An acceptable mailing
list will be focused at a targeted audience that has voluntarily signed up for e-mail information
using a double opt-in process or that has made their e-mail address available to the Customer for
distribution of information. The list must also allow for automatic removal by all end Customers
with non-distribution in the future
-
INAPPROPRIATE OR UNLAWFUL CONTENT
CONTENT published or transmitted via OnlinePlus's Semi-Dedicated hosting services includes
website content, email content, forum/blog postings, chat content, and/or any other type of
content hosted on our servers, published online or transmitted through our Semi-Dedicated server
hosting services.
The user of our Semi-Dedicated server hosting services is NOT permitted to post online content
or have links to content that:
-
is defamatory, abusive or obscene, violates a person's reputation/privacy, is reasonably
deemed offensive by the web community, is anti-religious or anti-human rights, or contains
any type of threatening or hate speech, encourages harassment or physical harm to any group
or individual, or is otherwise malicious/fraudulent and may result in complaints/liabilities/or
retaliation against OnlinePlus by offended viewers;
-
promotes or encourages illegal activities (e.g. illegal drugs, illegal gambling, arms trafficking, etc.)
or violates any applicable law, statute, ordinance or regulation, including but not limited to the laws
and regulations governing export control, unfair competition, false advertising, consumer protection, etc.
-
represents pornography - any type of pornographic/adult material, including child pornography,
or advertisements of pornographic websites;
-
represents infringement on copyright, patents, trademarks, trade secrets, or third party's
intellectual property or proprietary rights, including pirated computer programs, hacking/phreaking
software, warez or any type of software/content (including also ROMs, ROM Emulators, media files -
MP3, AVI, .RM, etc., torrent files, and others) that is copyrighted, is NOT uploaded in compliance
with its license agreement or is NOT freely available for distribution.
-
COPYRIGHTS
Copyrighted material must not be placed on customers' Semi-Dedicated accounts without
the explicit permission of the copyright owner or a person specifically authorized to give
such permission by the copyright owner. Upon receipt of a claim for copyright infringement,
or a notice of such violation, we will immediately run full investigation and, upon confirmation,
will promptly remove the infringing material from the services. Further procedures (in accordance
with our stated below corrective measures) will be carried out if necessary. We will assume no
liability to any customer of the Semi-Dedicated hosting services for the removal of any such material.
-
CORRECTIVE ACTIONS
We reserve our right to be the sole arbiter in determining the seriousness of each infringement
of this AUP and to immediately take corrective actions.
We will disable the customer's Semi-Dedicated hosting account if we deem necessary, at
our sole discretion. Upon closing of the customer's account we will send an e-mail notification
to the customer, stating the reason for the termination and quoting our terms' chapter that has been
violated. The customer will be given an opportunity to respond and take measures to remedy the situation
should he/she consider him/herself abused by a third party. Upon fulfilling of this obligation, we may
re-activate the customer's Semi-Dedicated account, if we find, at our own discretion, sufficient evidence
pro customer's side.
Closed Semi-Dedicated accounts due to repeated violations will not be re-activated. A backup may
be requested, however it will be subject to certain penalty fees imposed according to the breach
of this AUP terms. The final penalty fee will be determined by the type and frequency of the violations.
-
REPORTING VIOLATIONS
If you need to report a violation of this AUP agreement or believe that you or your system has been
subject to attack originating from our hosting network, please contact us immediately. Our team will
fully investigate the situation and provide you with professional assistance.
-
REVISIONS
We reserve our right to change this AUP at any time, without prior notice. We encourage our
Semi-Dedicated hosting users to periodically review this Acceptable Use Policy and our Semi-Dedicated
Terms of Service.
VPS Terms
Service Level Guarantees for VPS
Acceptable Use Policy for VPS
This is an Agreement between You - Customer of our VPS Hosting Services, and the following companies, which partner with OnlinePlus - LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. Legal details about the two companies can be found in the 'Customer Service Contact Details' section of this document. For the sake of brevity, OnlinePlus, LiquidNet US LLC and LiquidNet Ltd. will be referred to as 'OnlinePlus' in this document.
When signing up for a VPS hosting account with OnlinePlus, the Customer agrees to abide by the rules and provisions explicated in these VPS 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 VPS hosting account with OnlinePlus, 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 OnlinePlus 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 servers and should consider carefully each piece of information before uploading it to his/her newly allocated VPS server space. We highly recommend that Customers avoid publishing online personal data that could be abused.
- SERVICE AGREEMENT; ENTIRE AGREEMENT
OnlinePlus 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 OnlinePlus 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 Verification Policy, the Acceptable Use Policy (AUP), and any other policies or agreements mentioned in this document, constitute the whole act of convention between OnlinePlus and the Customer.
- VPS SERVER HOSTING SERVICES - FEATURES, RULES FOR ACTIVATION AND PAYMENT BASIS
Upon submitting of the online order form, the Customer agrees to abide by our Order Verification Policy and the following provisions:
The payment for the VPS service is set up on a monthly basis. The Customer agrees to pay for the rendered VPS hosting services in advance of each monthly service cycle.
If the Customer fails to follow the monthly billing cycle, the rendered VPS hosting services will be suspended immediately. The data hosted on the VPS server will be kept intact for one month, after that it will be permanently erased.
During a promotion campaign, a customer can purchase a maximum of 4 VPS packages, regardless of their type.
The Customer agrees to observe the following VPS server usage limitations:
Opened files: barrier 188; max. 206
Rules in IP tables: max. 128
Running processes: max. 2048
TCP sockets: max. 360
Ptty: max. 16
- All OpenVZ VPS packages in the Australian data center offer 2-Mbps bandwidth quotas.
- Setup fees and monthly service fees are non-refundable. The Customer agrees to a no-refund policy in advance.
- SERVICE GUARANTEES; DATA BACKUP
- SERVICE GUARANTEES
OnlinePlus 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, OnlinePlus is not responsible for the downtime);
Failure due to software that is not explicitly supported by OnlinePlus. If a hardware crash provoked by the Customer consequently happens, OnlinePlus is beyond the control and responsibility for the resulting downtime.
For more information, please refer to our Service Level Guarantees.
- DATA BACKUP
Due to the specificity of the VPS service, providing Customers with fully independent and self-managed hosting environment, the DATA BACKUP of all Customer's website contents and databases is solely Customer's responsibility, as well.
A weekly VPS backup option is available in the Managed Services package offered as an add-on administration service with each VPS plan. A weekly VPS backup is also available as a separate addon service.
- SERVICE ACTIVATION AND CONTINUANCE TIMESCALES
- SERVICE ACTIVATION
For newly signed up clients - the services are activated immediately 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 be prevented 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.
- CONTINUANCE TIMESCALES
VPS Accounts – The newly-created VPS hosting accounts with OnlinePlus 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 VPS server account.
Domain Name Registrations/Transfers – OnlinePlus 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 VPS account (at a regular or PROMOTIONAL price) or separately (later on) as an upgrade from the Customer's Billing Manager. The Customer agrees to abide by OnlinePlus'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:
| tld | min/max period of registration @ min period price |
|---|
| .ae | 1-5 years @ $60.00 per year |
| .asia | 1-10 years @ $23.41 per year |
| .at | 1 years @ $21.99 per year |
| .be | 1 years @ $14.12 per year |
| .biz | 1-10 years @ $20.00 per year |
| .ca | 1-10 years @ $23.00 per year |
| .cc | 1-10 years @ $32.64 per year |
| .ch | 1 years @ $40.00 per year |
| .club | 1-10 years @ $22.70 per year |
| .cn | 1-10 years @ $14.90 per year |
| .co | 1-5 years @ $40.00 per year |
| .co.il | 1 years @ $40.00 per year |
| .com | 1-10 years @ $15.54 per year |
| .com.au | 2 years @ $36.00 per year |
| .com.cn | 1-10 years @ $14.90 per year |
| .com.mx | 1-5 years @ $72.37 per year |
| .company | 1-10 years @ $40.00 per year |
| .com.tw | 1-10 years @ $39.73 per year |
| .co.nz | 1-10 years @ $35.00 per year |
| .co.uk | 1-10 years @ $15.00 per year |
| .co.za | 1 years @ $25.00 per year |
| .de | 1 years @ $28.00 per year |
| .deals | 1-10 years @ $40.00 per year |
| .dk | 1-3,5 years @ $45.00 per year |
| .es | 1-5 years @ $28.00 per year |
| .eu | 1-10 years @ $12.77 per year |
| .family | 1-10 years @ $29.80 per year |
| .fi | 1-5 years @ $35.00 per year |
| .fr | 1 years @ $28.00 per year |
| .gr | 2 years @ $39.74 per year |
| .guru | 1-10 years @ $39.73 per year |
| .host | 1-10 years @ $113.52 per year |
| .hosting | 1-10 years @ $495.38 per year |
| .idv.tw | 1-10 years @ $39.73 per year |
| .ie | 1-10 years @ $32.89 per year |
| .in | 1-10 years @ $35.00 per year |
| .info | 1-10 years @ $20.00 per year |
| .it | 1 years @ $28.00 per year |
| .jp | 1 years @ $61.74 per year |
| .me | 1-10 years @ $35.00 per year |
| .me.uk | 1-10 years @ $12.06 per year |
| .mobi | 1-10 years @ $28.38 per year |
| .mx | 1-5 years @ $72.37 per year |
| .name | 1-10 years @ $17.03 per year |
| .net | 1-10 years @ $16.00 per year |
| .net.au | 2 years @ $41.16 per year |
| .net.cn | 1-10 years @ $14.90 per year |
| .net.nz | 1-10 years @ $26.96 per year |
| .news | 1-10 years @ $29.80 per year |
| .ninja | 1-10 years @ $25.54 per year |
| .nl | 1 years @ $28.00 per year |
| .no | 1 years @ $35.00 per year |
| .nu | 1-10 years @ $25.54 per year |
| .org | 1-10 years @ $17.00 per year |
| .org.au | 2 years @ $52.50 per year |
| .org.cn | 1-10 years @ $14.90 per year |
| .org.nz | 1-10 years @ $26.96 per year |
| .org.tw | 1-10 years @ $39.73 per year |
| .org.uk | 1-10 years @ $12.06 per year |
| .party | 1-10 years @ $41.15 per year |
| .ph | 1-2,5,10 years @ $61.02 per year |
| .pl | 1-3 years @ $39.73 per year |
| .pro | 1-10 years @ $24.12 per year |
| .pt | 1,3,5 years @ $25.54 per year |
| .qa | 1-5 years @ $60.00 per year |
| .ru | 1 years @ $21.28 per year |
| .se | 1-10 years @ $23.41 per year |
| .services | 1-10 years @ $40.00 per year |
| .site | 1-10 years @ $39.73 per year |
| .solutions | 1-10 years @ $40.00 per year |
| .space | 1-10 years @ $16.00 per year |
| .top | 1-10 years @ $19.87 per year |
| .tv | 1-10 years @ $70.00 per year |
| .tw | 1-10 years @ $39.73 per year |
| .uk | 1-10 years @ $15.00 per year |
| .us | 1-10 years @ $14.12 per year |
| .we.bs | 1-10 years @ $7.00 per year |
| .website | 1-10 years @ $32.64 per year |
| .ws | 1-10 years @ $38.31 per year |
| .xyz | 1-10 years @ $17.03 per year |
Domain Renewals – Domain names are valid for the period of their registration (domain names can be registered for up to 10 years, depending on the domain name's TLD extension). After the expiration of a domain name several stages follow regarding its renewal.
The domain name Redemption Grace Period (RGP) is a registry level period of up to 30 days after a domain name's expiration date. During this period the domain name is kept on hold by the Registrar before it gets deleted. The domain registrant is allowed to retrieve the domain name from deletion, but this process costs additional redemption fee. This extra 30-day period extends the time available for renewing domain names. However, all domains that enter a redemption period are removed from the zone files (the list of domain names currently in the global DNS), therefore any web site or e-mail services associated with the domain name will stop working.
Extended Redemption Grace Period – the extended redemption period adds another 7 – 30 days to the domain name's redemption period. During this period the domain name owner is allowed to retrieve the domain name from deletion by contacting the domain's registrar.
After the redemption period of an expired domain name is over, follows the Pending Delete Period – a registry level period of up to 5 days during which no one is allowed to renew the domain name and it cannot be newly registered because it's still not returned to the public pool of domain names.
Released by Registry Period – after the domain name's ‘Pending Delete Period' is over, the domain name is released back into the public pool of domain names and is newly available for registration.
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.
CANCELLATION, REFUND & MONEY-BACK; CHARGEBACKS
- CANCELLATIONS
In order to cancel a VPS account, the Customer must send a support ticket to OnlinePlus's Sales Department via his/her Billing Manager and provide any authentication credentials requested by OnlinePlus. Any other form of cancellation request will not be accepted.
- REFUNDS
VPS accounts – The VPS 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.
- 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 OnlinePlus will be subject to full investigation.
When signing up for a VPS account with OnlinePlus, the Customer agrees to the terms and conditions explicated in this document (and its coherent policies). Thus, OnlinePlus, as well as OnlinePlus'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 OnlinePlus's Customer Care team will be to try to contact the user. Meanwhile, the Customer's VPS 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 account will be re-activated.
If the Customer has sent a chargeback request based on groundless argumentations (according to OnlinePlus's own judgment and these VPS Terms of Service), then a dispute will be started with the authorized retailers in which the VPS Terms of Service and the AUP of OnlinePlus 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 OnlinePlus 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 VPS 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 OnlinePlus from our authorized retailers for the claimed unauthorized transaction).
VPS RESELLER TOOLS
An eNom domain reseller account is available as a free bonus with all VPS server packages. A free billing account is included in the Ultra VPS plan. The VPS reseller tools are installed per user's request.
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 OnlinePlus has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, OnlinePlus 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 OnlinePlus in the course of 10 business days after the changes become valid. The introduction of changes should be done online through the customers' VPS Billing Manager, 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: a) immediately notify OnlinePlus about any unauthorized use of their password or account or any other breach of security; b) ensure that they safely exit (log out from) their account at the end of each session. OnlinePlus 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 VPS hosting account is registered with details different than those of the person who paid for the account, and in the case of any dispute, OnlinePlus 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.
- SERVER USAGE
CPU Usage (or usage of the Central Processing Unit(s) of the web server the Customer's account is hosted on) - the CPU usage is subject to some regulations. VPS hosting accounts can exploit proportional shares of the main server's CPU cores. OnlinePlus explicitly recommends that Customers be very judicious when using the CPU power for their accounts. We reserve the right to block (suspend) accounts that excessively use CPU. If such measures are taken, we will notify the Customer and give him/her an opportunity to upgrade to a different VPS package or a dedicated server hosting solution.
Guaranteed RAM – Each VPS hosting account has guaranteed RAM that it's able to use. This RAM is available at all times to the VPS server.
Memory Latency – The memory latency of a VPS server cannot exceed 1000 cycles for a period of more than 10 seconds. We reserve the right to block (suspend) accounts that generate a memory latency of 1000 cycles or more for more than 10 seconds. If such measures are about to be taken, we will notify the Customer and give him/her an opportunity to upgrade to a dedicated server hosting solution.
IP Address Allocation - Each VPS hosting account comes with a Dedicated IP Address. The Customer agrees to add new IP addresses to his server only via OnlinePlus's upgrade table.
NO UNLAWFUL OR PROHIBITED USE
- SERVER USAGE
OnlinePlus expressly bans the use of any VPS 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 OnlinePlus's Services, other accounts, computer systems or networks connected to any of OnlinePlus'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 OnlinePlus'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.
- 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 OnlinePlus'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 OnlinePlus'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, OnlinePlus 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. OnlinePlus's VPS 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 OnlinePlus's VPS Terms of Service (this document) and the Acceptable Use Policy (AUP).
- CUSTOMER AGREEMENT
As a condition for Customer use of OnlinePlus'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). OnlinePlus's VPS 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. OnlinePlus reserves the right at any time to disclose any information, as OnlinePlus 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 OnlinePlus.
E-COMMERCE CUSTOMER WEBSITES
When buying a VPS 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 OnlinePlus 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 OnlinePlus 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 OnlinePlus to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. OnlinePlus is granted the right to estimate, at its own discretion, the extent to which these operations may be carried out.
REFUSAL OF SERVICE
- SERVICE DENIAL
OnlinePlus 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 OnlinePlus's VPS servers. OnlinePlus reserves the right to refuse Service to unlawful parties.
- SERVICE DISCONTINUANCE
OnlinePlus reserves the right to discontinue, at his own discretion, the Service provision to any subscriber that has violated the VPS Terms of Service and/or the VPS Acceptable Use Policy. In case that the Service provision has been discontinued by OnlinePlus with no explicitly stated reason, the customer will be refunded the last payment for their VPS server.
MISCELLANEOUS
- NOTICES
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 OnlinePlus. 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 OnlinePlus should be sent to the address provided on OnlinePlus's website.
- COMPLAINTS PROCEDURE
OnlinePlus 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:
OnlinePlus will confirm receipt of your complaint in writing, confirming that the complaint will be addressed without delay. OnlinePlus reserves the right to refuse to investigate a complaint that is obviously frivolous, abusive or offensive.
A OnlinePlus'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 OnlinePlus'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
- TORTUROUS CONDUCT
Any way of indecent treatment towards a OnlinePlus'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 OnlinePlus'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 OnlinePlus's Customer Care stuff will be interpreted as a breach of this TOS. OnlinePlus 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.
- CUSTOMER CARE SERVICE
Technical Support
Due to the specificity of the Service, Customers are fully in charge of the management and maintenance of their VPS. However, if they need assistance or want to leave this task to our highly-qualified administrators department, they can avail of our Managed Support service available at a monthly fee of $15 USD.
Control Panel Migration procedures
If the Customer wants to switch their VPS Control Panel installation from cPanel to DirectAdmin or vice versa, then they will need to follow a pre-defined Control Panel migration procedure. This procedure applies only to Regular VPS and Ultra VPS accounts ordered with an installation of the CentOS operating system and a Control Panel (cPanel or DirectAdmin) setup.
The Customer needs to purchase a new VPS server with an installation of the Control Panel (cPanel or DirectAdmin), which they want to migrate to.
If the Customer requests a migration of their current VPS server within 7 days of the last subscription payment date - all the current main service and upgrade payments will be cancelled and refunded. All recurring contracts associated with this VPS account will be canceled too. The VPS server itself will be terminated within 24 hours after the new VPS has been set up and its corresponding account will be closed.
If the migration procedure is requested more than 7 days after the last transaction, OnlinePlus will cancel all recurring contracts associated with the current VPS account, but no payments will be refunded.
Once all the data has been migrated to the new VPS server, the current VPS server subscription should be left to expire, and the client can use it during this period.
The migration procedure can be carried out by the Customer following the instructions provided by OnlinePlus.
Upon customer's request the procedure can be accomplished by OnlinePlus. In the event of a problem during the migration procedure, OnlinePlus will terminate the process. In such cases, the Customer agrees to cover a fee of $ 15.00 USD prior to the completion of the procedure.
In case that the migration is terminated by OnlinePlus, the Customer can complete the process by themselves without paying any additional fees.
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 VPS Billing Manager. 1-hour support response is guaranteed!
-
Phone us at:
US TOLL FREE PHONE: +1-855-211-0932
INTERNATIONAL PHONE: +1-727-546-4678
UK PHONE : +44-20-3695-1294
AU PHONE : +61-2-8417-2372
-
Send us a Letter to:
LiquidNet US LLC
6750 North Andrews Ave
Suite 200
Fort Lauderdale, FL 33309
United States of America
LiquidNet Ltd.
13 Craigleith
7 Kersfield Road
Putney, London SW15 3HN
United Kingdom
GENERAL REGULATIONS
- GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of England.
- 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.
- 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.
- INDEMNIFICATION
The Customer agrees to indemnify OnlinePlus, 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.
- LIMITATION ON OnlinePlus'S LIABILITY
Force Majeure Circumstances – OnlinePlus 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 – OnlinePlus 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 OnlinePlus'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 – OnlinePlus 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 OnlinePlus shall have no liability therefore.
- ASSIGNMENT
Customers do not have the right to assign this Agreement without the explicit permission of OnlinePlus. This Agreement shall be in force and effect to the total benefit of the Customer and OnlinePlus and their successors and permitted assigns.
- REVISIONS
OnlinePlus reserves the right to revise this document at any time, without prior notice. Customers are encouraged therefore to periodically review these VPS Terms of Service and the Acceptable Use Policy.
OnlinePlus Service Level Guarantees
SERVICE GUARANTEES
99.9%
Network Uptime Guarantee
OnlinePlus guarantees that the main virtual machine where your VPS is located will be up and running at least 99.9% of the time during your subscription with us. However, we cannot be held responsible for upstream problems outside of our network and areas
where OnlinePlus has no direct
influence, such as backbone provider failures, fiber-optic main line
cuts, DNS or Registrar problems with subscribers’ domain names,
routing problems between a client’s location and our data center.
The uptime guarantee is also not applicable if the service
interruption was caused by a natural or unnatural event that is not
directly under the control (or jurisdiction) of OnlinePlus. OnlinePlus may temporarily deny or terminate the
Service upon client’s failure to pay their charges at due time.
OnlinePlus guarantees 99.9% network uptime and server stability for the main virtual machine. This, however,
does not refer to problems stemming from:
a. Server Hardware Breakdown.
b. User error(s) or purposeful interruption(s) (e.g.
if the client shuts his/her own server down, OnlinePlus is not
responsible for the downtime).
c. Failures due to software that is not explicitly
supported by OnlinePlus. Consequently, if a hardware crash provoked
by the customer happens, OnlinePlus has no responsibility for the
resulting downtime.
Network Outages or Unexpected
Downtime is any unplanned or unexpected interruption in the
network availability due to hardware, software, network connectivity
or data center problem, during which a 100% packet loss is
experienced.
Scheduled Downtime is any scheduled
interruption of the services for the purpose of network
software/hardware upgrades, or replacement of any network equipment in
order to be provided better service for the customers. Scheduled
downtimes occur within pre-notified downtime periods, with as many
warnings as possible sent via e-mail or posted in our news section
minimum 24-hour in advance.
SUPPORT RESPONSE GUARANTEE
OnlinePlus guarantees 24/7 support available 365 days
per year, for all the pre-installed software on your VPS. Support is available via our online Contact Us form, via email, and the VPS Plan Manager integrated
ticketing system. Each ticket is replied to within no more than 60
minutes after it has been opened.
An Acceptable Use Policy (AUP) is a set of rules and conditions systematized by a network, system or a website owner that define and restrict the ways in which the network, system or website may be utilized.
The AUP of OnlinePlus is aimed at explicitly outlining the purposes for which customers CANNOT use our VPS hosting services and position data on our network servers.
This Acceptable Use Policy (AUP) is accepted as part of the VPS Terms of Service each user agrees to abide by when signing up for a VPS account with our hosting services. Any violation of these AUP terms will be considered as violation of our VPS Terms of Service.
We - OnlinePlus, shall be the final part to determine whether an act constitutes a violation of this AUP and misuse of our services. We reserve our right to respond accordingly and/or immediately terminate the provision of the services, shall we become aware, and/or have sufficient evidence, of any prohibited conduct outlined in this AUP, or any other action threatening the secure environment of our VPS hosting customers and/or network of servers. We shall be the sole arbiter in determining the sufficiency of the present evidences.
In order to protect our company's reputation and responsibilities, and guarantee robust and reliable VPS hosting services to all our customers, as well as the privacy and security of all our individual users, we - OnlinePlus - hereby state the following AUP conditions to come into force for each user signing up for a VPS account with our hosting services:
-
System Abuse
-
Spam and Spamvertizing
-
Inappropriate or Unlawful Content
-
Copyrights
-
Corrective Actions
-
Reporting Violations
-
Policy For Hosting Resellers
-
Revisions
-
SYSTEM ABUSE
Any VPS customer in violation of our system or network security will be 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 our system's security, authentication measures, data or traffic. Interference with the service to any user, host or network including, but not limited to: e-mail bombing, flooding, deliberate attempts to overload the 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.
-
Any attempt at doing harm to a server or a customer of OnlinePlus services:
OnlinePlus will immediately and resolutely react to any attempt at misuse of an Internet account or computer, or any attempt to gain access to an internet account or computer by a OnlinePlus VPS customer unauthorized by the account/computer owner. Such attempts include, but are not limited to the following: вЂInternet scamming' (tricking other people into releasing their passwords, etc.), password robbery, security hole scanning, running proxy - proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy), introducing of any computer programs (viruses, Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots, etc.) that are intended to negatively interfere with, intercept, irreversibly damage or take hold of any system, data or personal information. It WILL NOT matter whether the attacked account or computer belongs or not to OnlinePlus services. The fraud will be subject to actions based on the very nature of the attack and those may represent a warning, an account suspension or cancellation, and/or civil or criminal legal actions.
-
Excessive use of system resources:
In order to ensure higher server performance and quality of the VPS service, all VPS accounts are subject to certain resource limitations concerning, but not limited to, server CPU usage, Memory usage, disk-space and traffic. If a hosting account exceeds the allowed amount of system resources, the account owner will be immediately notified to take actions in order to decrease the usage. If such action is not instantly taken by the owner, the account will be suspended. When an excessive CPU usage is detected the account owner may be also suggested to place an order for a higher-resources VPS package (if available) or a semi-dedicated or dedicated hosting solution.
If any VPS account is found to be causing degradation of the server and/or our hosting network's performance, regardless of the reason, the account will be subject to suspension or immediate removal, depending on the situation. OnlinePlus will be the sole arbiter in determining whether a given account is excessively using the server resources and/or causing a server degradation.
-
Cryptocurrency mining:
Аll forms of cryptocurrency mining and similar operations are forbidden on our servers;
-
SPAM AND SPAMVERTIZING
SPAMMING IS PROHIBITED. Users MAY NOT utilize our VPS hosting services to transmit, distribute or deliver any unsolicited bulk or commercial messages over the Internet (an action known as "spam" or "spamming"). Users MAY NOT utilize our VPS hosting services for email marketing purposes. There is a 500-outbound-email-per-hour limit on all dedicated servers.
Spamming is a violation of ethic norms and will be interpreted as an infringement. OnlinePlus will not tolerate the sending of unsolicited bulk or commercial messages through our services, as well as through another service that is mentioning, in some way, our customer's domain name or implies the utilization of our network or our e-mail services for sending the unsolicited bulk or messages.
SPAMVERTISING IS PROHIBITED. вЂSpamvertizing' refers to the practice of sending unsolicited spam messages for the purpose of advertising a particular website.
If such e-mails are relayed through 3rd party (e-mail spoofing) and/or are promoting a domain hosted on our servers, this will lead to immediate account suspension unless an evidence of legitimacy for non-involvement of the domain owner in the particular illegal action is provided.
'E-mail spoofing' is a fraudulent e-mail activity in which the sender's (3td party) e-mail address and other parts of the e-mail header are changed so as to appear that the e-mail has been sent from a different source (e-mail address owner/server).
вЂUnsolicited message' is a message that is sent against the privacy policy of a newsgroup, or is sent to a recipient without their explicit permission. We, at our sole discretion, shall determine whether any of the messages you are sending is spam or spamvertizing. For your information, spamming generally includes, but is not limited to the following
-
Sending of unsolicited messages in bulk, or sending of unsolicited e-mails, which provoke complaints from recipients;
-
Sending of junk mail;
-
Use of distribution lists that include people who have not given prior explicit permission to be involved 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;
-
Excessive and repeated cross-posting;
-
E-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting of any threatening, libellous or obscene material, or material of any nature that may be deemed offensive;
-
E-mailing of age-inappropriate communications or content to anyone under the age of 18.
-
INAPPROPRIATE OR UNLAWFUL CONTENT
CONTENT published or transmitted via OnlinePlus's VPS hosting services includes website content, email content, forum/blog postings, chat content, and/or any other type of content hosted on our servers, published online or transmitted through our VPS services.
The user of our VPS services is NOT permitted to post online content or have links to content that:
-
is defamatory, abusive or obscene, violates a person's reputation/privacy, is reasonably deemed offensive by the web community, is anti-religious or anti-human rights, or contains any type of threatening or hate speech, encourages harassment or physical harm to any group or individual, or is otherwise malicious/fraudulent and may result in complaints/liabilities/or retaliation against OnlinePlus by offended viewers;
-
promotes or encourages illegal activities (e.g. illegal drugs, illegal gambling, arms trafficking, etc.) or violates any applicable law, statute, ordinance or regulation, including but not limited to the laws and regulations governing export control, unfair competition, false advertising, consumer protection, etc.
-
represents pornography - any type of pornographic/adult material, including child pornography, or advertisements of pornographic websites;
-
represents infringement on copyright, patents, trademarks, trade secrets, or third party's intellectual property or proprietary rights, including pirated computer programs, hacking/phreaking software, warez or any type of software/content (including also ROMs, ROM Emulators, media files - MP3, AVI, .RM, etc., torrent files, and others) that is copyrighted, is NOT uploaded in compliance with its license agreement or is NOT freely available for distribution.
-
COPYRIGHTS
Copyrighted material must not be placed on Customers' VPS accounts without the explicit permission of the copyright owner or a person specifically authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will promptly remove the infringing material from the Services. Further procedures (in accordance with our stated below corrective measures) will be carried out if necessary. We will assume no liability to any Customer of the VPS Services for the removal of any such material.
-
CORRECTIVE ACTIONS
We reserve our right to be the sole arbiter in determining the seriousness of each infringement of this AUP and to immediately take corrective actions.
We will disable the customer's VPS account if we deem necessary, at our sole discretion. Upon closing of the customer's account we will send an e-mail notification to the customer, stating the reason for the termination and quoting our terms' chapter that has been violated. The customer will be given an opportunity to respond and take measures to remedy the situation should he/she consider him/herself abused by a third party. Upon fulfilling of this obligation, we may re-activate the customer's VPS account, if we find, at our own discretion, sufficient evidence pro customer's side.
Closed VPS accounts due to repeated violations will not be re-activated. A backup may be requested, however it will be subject to certain penalty fees imposed according to the breach of this AUP terms. The final penalty fee will be determined by the type and frequency of the violations.
-
REPORTING VIOLATIONS
If you need to report a violation of this AUP agreement or believe that you or your system has been subject to attack originating from our hosting network, please contact us immediately. Our team will fully investigate the situation and provide you with professional assistance.
-
POLICY FOR HOSTING RESELLERS
If you are using your virtual private server for reseller hosting purposes, you are responsible for the conduct of your Customers and by agreeing with this AUP, agree that your Customers will adhere to the AUP. Hosting resellers should make their perspective Customers aware of the AUP and the consequences for violation.
-
REVISIONS
We reserve our right to change this AUP at any time, without prior notice. We encourage our VPS users to periodically review this Acceptable Use Policy and our VPS Terms of Service.
Dedicated Server Terms
Service Level Guarantees for Dedicated Servers
Acceptable Use Policy for Dedicated Servers
This is an Agreement between You - Customer of our Dedicated Hosting Services, and the following companies, which partner with OnlinePlus - LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. Legal details about the two companies can be found in the 'Customer Service Contact Details' section of this document. For the sake of brevity, OnlinePlus, LiquidNet US LLC and LiquidNet Ltd. will be referred to as 'OnlinePlus' in this document.
When signing up for a Dedicated server hosting account with OnlinePlus, 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 OnlinePlus, 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 OnlinePlus 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.
-
SERVICE AGREEMENT; ENTIRE AGREEMENT
OnlinePlus 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 OnlinePlus 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 OnlinePlus and the Customer.
-
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.
-
SERVICE GUARANTEES; DATA BACKUP
-
SERVICE GUARANTEES
OnlinePlus 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, OnlinePlus
is not responsible for the downtime);
-
Failure due to software that is not explicitly supported by the
OnlinePlus. If a hardware crash provoked by the Customer consequently
happens, OnlinePlus is beyond the control and responsibility for
the resulting downtime.
For more information, please refer to our Service Level Guarantees.
-
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.
-
SERVICE ACTIVATION AND CONTINUANCE TIMESCALES
-
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.
-
CONTINUANCE TIMESCALES
Dedicated Server Accounts - The newly-created Dedicated server
hosting accounts with OnlinePlus 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 - OnlinePlus 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 OnlinePlus'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:
| tld | min/max period of registration @ min period price |
|---|
| .ae | 1-5 years @ $60.00 per year |
| .asia | 1-10 years @ $23.41 per year |
| .at | 1 years @ $21.99 per year |
| .be | 1 years @ $14.12 per year |
| .biz | 1-10 years @ $20.00 per year |
| .ca | 1-10 years @ $23.00 per year |
| .cc | 1-10 years @ $32.64 per year |
| .ch | 1 years @ $40.00 per year |
| .club | 1-10 years @ $22.70 per year |
| .cn | 1-10 years @ $14.90 per year |
| .co | 1-5 years @ $40.00 per year |
| .co.il | 1 years @ $40.00 per year |
| .com | 1-10 years @ $15.54 per year |
| .com.au | 2 years @ $36.00 per year |
| .com.cn | 1-10 years @ $14.90 per year |
| .com.mx | 1-5 years @ $72.37 per year |
| .company | 1-10 years @ $40.00 per year |
| .com.tw | 1-10 years @ $39.73 per year |
| .co.nz | 1-10 years @ $35.00 per year |
| .co.uk | 1-10 years @ $15.00 per year |
| .co.za | 1 years @ $25.00 per year |
| .de | 1 years @ $28.00 per year |
| .deals | 1-10 years @ $40.00 per year |
| .dk | 1-3,5 years @ $45.00 per year |
| .es | 1-5 years @ $28.00 per year |
| .eu | 1-10 years @ $12.77 per year |
| .family | 1-10 years @ $29.80 per year |
| .fi | 1-5 years @ $35.00 per year |
| .fr | 1 years @ $28.00 per year |
| .gr | 2 years @ $39.74 per year |
| .guru | 1-10 years @ $39.73 per year |
| .host | 1-10 years @ $113.52 per year |
| .hosting | 1-10 years @ $495.38 per year |
| .idv.tw | 1-10 years @ $39.73 per year |
| .ie | 1-10 years @ $32.89 per year |
| .in | 1-10 years @ $35.00 per year |
| .info | 1-10 years @ $20.00 per year |
| .it | 1 years @ $28.00 per year |
| .jp | 1 years @ $61.74 per year |
| .me | 1-10 years @ $35.00 per year |
| .me.uk | 1-10 years @ $12.06 per year |
| .mobi | 1-10 years @ $28.38 per year |
| .mx | 1-5 years @ $72.37 per year |
| .name | 1-10 years @ $17.03 per year |
| .net | 1-10 years @ $16.00 per year |
| .net.au | 2 years @ $41.16 per year |
| .net.cn | 1-10 years @ $14.90 per year |
| .net.nz | 1-10 years @ $26.96 per year |
| .news | 1-10 years @ $29.80 per year |
| .ninja | 1-10 years @ $25.54 per year |
| .nl | 1 years @ $28.00 per year |
| .no | 1 years @ $35.00 per year |
| .nu | 1-10 years @ $25.54 per year |
| .org | 1-10 years @ $17.00 per year |
| .org.au | 2 years @ $52.50 per year |
| .org.cn | 1-10 years @ $14.90 per year |
| .org.nz | 1-10 years @ $26.96 per year |
| .org.tw | 1-10 years @ $39.73 per year |
| .org.uk | 1-10 years @ $12.06 per year |
| .party | 1-10 years @ $41.15 per year |
| .ph | 1-2,5,10 years @ $61.02 per year |
| .pl | 1-3 years @ $39.73 per year |
| .pro | 1-10 years @ $24.12 per year |
| .pt | 1,3,5 years @ $25.54 per year |
| .qa | 1-5 years @ $60.00 per year |
| .ru | 1 years @ $21.28 per year |
| .se | 1-10 years @ $23.41 per year |
| .services | 1-10 years @ $40.00 per year |
| .site | 1-10 years @ $39.73 per year |
| .solutions | 1-10 years @ $40.00 per year |
| .space | 1-10 years @ $16.00 per year |
| .top | 1-10 years @ $19.87 per year |
| .tv | 1-10 years @ $70.00 per year |
| .tw | 1-10 years @ $39.73 per year |
| .uk | 1-10 years @ $15.00 per year |
| .us | 1-10 years @ $14.12 per year |
| .we.bs | 1-10 years @ $7.00 per year |
| .website | 1-10 years @ $32.64 per year |
| .ws | 1-10 years @ $38.31 per year |
| .xyz | 1-10 years @ $17.03 per year |
Domain Renewals - Even though OnlinePlus 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.
-
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; OnlinePlus may choose to auction the domain name(s); OnlinePlus 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.
-
CANCELLATION, REFUND & MONEY-BACK; CHARGEBACKS
-
CANCELLATIONS
In order to cancel a Dedicated server account, the Customer must send a support
ticket to OnlinePlus's Sales Department via his/her Dedicated management account
and provide any authentication credentials requested by OnlinePlus. Any other form
of cancellation request will not be accepted.
-
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.
-
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
OnlinePlus will be subject to full investigation.
When signing up for a Dedicated server hosting account with OnlinePlus,
the Customer agrees to the terms and conditions explicated in this document
(and its coherent policies). Thus, OnlinePlus, as well as OnlinePlus'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 OnlinePlus'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 OnlinePlus'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 OnlinePlus 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 OnlinePlus 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 OnlinePlus from our authorized retailers for
the claimed unauthorized transaction).
-
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.
-
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 OnlinePlus has reasonable grounds (at its sole discretion)
to suspect that such information is untrue, inaccurate, not current or incomplete,
OnlinePlus 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 OnlinePlus 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 OnlinePlus 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.
OnlinePlus 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, OnlinePlus
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.
-
The client is obliged not to delete OnlinePlus's SSH key, which provides root access
to the server. The root access will be used by OnlinePlus in 2 cases only:
-
When there is a problem with the server and, as a result, certain services
do not run properly - OnlinePlus may fix it as he sees fit.
-
When there is a report from a third party concerning some sort of abuse,
for example, spam, OnlinePlus 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 - OnlinePlus 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 OnlinePlus to keep track of the used IPs on the server. Upon a termination of the
SNMP service -OnlinePlus will inform the client and the client will have to
reactivate the service in 48 hours. If the client does not cooperate - OnlinePlus
can suspend the client's access to the server at his own discretion.
-
NO UNLAWFUL OR PROHIBITED USE
-
SERVER USAGE
OnlinePlus 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 OnlinePlus's
Services, other accounts, computer systems or networks connected to any of OnlinePlus'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 OnlinePlus'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.
-
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 OnlinePlus'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 OnlinePlus'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, OnlinePlus 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. OnlinePlus'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 OnlinePlus's Dedicated Terms of Service (this document) and the Acceptable
Use Policy (AUP).
-
CUSTOMER AGREEMENT
As a condition for Customer use of OnlinePlus'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). OnlinePlus'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. OnlinePlus reserves the right at
any time to disclose any information, as OnlinePlus 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 OnlinePlus.
-
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 OnlinePlus 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 OnlinePlus
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 OnlinePlus to reproduce, copy, use and propagate all
and any part of the Customer Content for ensuring and operating the Services.
OnlinePlus is granted the right to estimate, at its own discretion, the extent
to which these operations may be carried out.
-
REFUSAL OF SERVICE
-
SERVICE DENIAL
OnlinePlus 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 OnlinePlus's Dedicated servers. OnlinePlus reserves
the right to refuse Service to unlawful parties.
-
SERVICE DISCONTINUANCE
OnlinePlus reserves the right to discontinue the Service provision
to any subscriber that OnlinePlus deems, at its sole discretion, has
violated any condition of the Service explicated in this Terms of Service
and/or the Acceptable Use Policy.
-
MISCELLANEOUS
-
NOTICES
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 OnlinePlus. 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 OnlinePlus should
be sent to the address provided on OnlinePlus's website.
-
COMPLAINTS PROCEDURE
OnlinePlus 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:
-
OnlinePlus will confirm receipt of your complaint in writing, confirming
that the complaint will be addressed without delay. OnlinePlus reserves the
right to refuse to investigate a complaint that is obviously frivolous, abusive
or offensive.
-
A OnlinePlus'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 OnlinePlus'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
-
TORTUROUS CONDUCT
Any way of indecent treatment towards a OnlinePlus'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 OnlinePlus'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 OnlinePlus's Customer Care stuff will be
interpreted as a breach of this TOS. OnlinePlus 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.
-
CUSTOMER CARE SERVICE
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:
-
GENERAL REGULATIONS
-
GOVERNING LAW
This Agreement shall be governed by and construed in accordance
with the laws of England.
-
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.
-
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.
-
INDEMNIFICATION
The Customer agrees to indemnify OnlinePlus, 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.
-
LIMITATION ON OnlinePlus'S LIABILITY
Force Majeure Circumstances - OnlinePlus 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 - OnlinePlus 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 OnlinePlus'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 - OnlinePlus provides the Services on an -њAS IS-ќ 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 OnlinePlus
shall have no liability therefore.
-
ASSIGNMENT
Customers do not have the right to assign this Agreement without the explicit
permission of OnlinePlus. This Agreement shall be in force and effect to the
total benefit of the Customer and OnlinePlus and their successors and permitted
assigns.
-
REVISIONS
OnlinePlus 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.
OnlinePlus Service Level Guarantees
SERVICE GUARANTEES
99.9%
Network Uptime Guarantee
OnlinePlus guarantees that the server network where your dedicated server is located will be up and running at least 99.9% of the time during your subscription with us. However, we cannot be held responsible for upstream problems outside of our network and areas
where OnlinePlus has no direct
influence, such as backbone provider failures, fiber-optic main line
cuts, DNS or Registrar problems with subscribers’ domain names,
routing problems between a client’s location and our data center.
The uptime guarantee is also not applicable if the service
interruption was caused by a natural or unnatural event that is not
directly under the control (or jurisdiction) of OnlinePlus. OnlinePlus may temporarily deny or terminate the
Service upon client’s failure to pay their charges at due time.
OnlinePlus guarantees 99.9% network uptime and server stability for the server network where your dedicated server is located. This, however, does not refer to problems stemming from:
a. Server Hardware Breakdown.
b. User error(s) or purposeful interruption(s) (e.g.
if the client shuts his/her own server down, OnlinePlus is not
responsible for the downtime).
c. Failures due to software that is not explicitly
supported by OnlinePlus. Consequently, if a hardware crash provoked
by the customer happens, OnlinePlus has no responsibility for the
resulting downtime.
Network Outages or Unexpected
Downtime is any unplanned or unexpected interruption in the
network availability due to hardware, software, network connectivity
or data center problem, during which a 100% packet loss is
experienced.
Scheduled Downtime is any scheduled
interruption of the services for the purpose of network
software/hardware upgrades, or replacement of any network equipment in
order to be provided better service for the customers. Scheduled
downtimes occur within pre-notified downtime periods, with as many
warnings as possible sent via e-mail or posted in our news section
minimum 24-hour in advance.
SUPPORT RESPONSE GUARANTEE
OnlinePlus guarantees 24/7 support available 365 days
per year, for all the pre-installed software on your dedicated server. Support is available via email and the Dedicated Plan Manager integrated ticketing system. Each ticket is replied to within no more than 60 minutes after it has been opened.
An Acceptable Use Policy (AUP) is a set of rules and conditions systematized by a network, system or a website owner that define and restrict the ways in which the network, system or website may be utilized.
The AUP of OnlinePlus is aimed at explicitly outlining the purposes for which customers CANNOT use our hosting services and position data on our network servers.
This Acceptable Use Policy (AUP) is accepted as part of the Dedicated Terms of Service each user agrees to abide by when signing up for a Dedicated server account with our hosting services. Any violation of these AUP terms will be considered as violation of our Dedicated Terms of Service.
We - OnlinePlus, shall be the final part to determine whether an act constitutes a violation of this AUP and misuse of our services. We reserve our right to respond accordingly and/or immediately terminate the provision of the services, shall we become aware, and/or have sufficient evidence, of any prohibited conduct outlined in this AUP, or any other action threatening the secure environment of our hosting customers and/or network of servers. We shall be the sole arbiter in determining the sufficiency of the present evidences.
In order to protect our company's reputation and responsibilities, and guarantee robust and reliable hosting service to all our customers, as well as the privacy and security of all our individual users, we - OnlinePlus - hereby state the following AUP conditions to come into force for each user signing up for a Dedicated server hosting account with our hosting services:
- Compliance With Law
- Customer Security Obligation
- System Abuse
- Email Policies
- IP Allocation
- IRC Policy
- Inappropriate Or Unlawful Content
- Copyrights
- Corrective Actions
- Reporting Violations
- Policy For Hosting Resellers
- Revisions
-
COMPLIANCE WITH LAW
The Customer shall not post, transmit, re-transmit or store material on or through any of the Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by the Customer. The Customer shall be responsible for determining what laws or regulations are applicable to the use of the Services and Products.В
-
CUSTOMER SECURITY OBLIGATION
Each Customer must take a reasonable care of keeping each server or network device attached to the Company's infrastructure up-to-date and patched with the latest security updates. Failure to protect a server may result in a security compromise by outside sources. The Company is not responsible for Customer server level security unless a security administration package, a firewall security administration package or a fully managed operating system package is contracted for and maintained. A compromised server creating network interference will result in immediate Customer notification and will be disconnected from the network immediately so as to not directly affect other Customers. No service credits will be issued for outages resulting from disconnection due directly to breached server security. The Customer is solely responsible for any breaches of security affecting servers under Customer control, including repairing the system, terminating the account(s) of the abusive user(s), and reporting occurrence of the issue to abuse@duoservers.com. If a Customer intentionally creates a security breach, the cost to resolve any damage to the Customer's server or other servers will be charged directly to the Customer. The labor used to resolve such damage is categorized as emergency security breach recovery and is currently charged at $60.00 USD per hour.
-
SYSTEM ABUSE
Any Dedicated server hosting customer in violation of our system or network security will be 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 our system's security, authentication measures, data or traffic. Interference with the service to any user, host or network including, but not limited to: e-mail bombing, flooding, deliberate attempts to overload the 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.
-
Any attempt at doing harm to a server or a customer of OnlinePlus services:
OnlinePlus will immediately and resolutely react to any attempt at misuse of an Internet account or computer, or any attempt to gain access to an internet account or computer by a Dedicated server hosting customer unauthorized by the account/computer owner. Such attempts include, but are not limited to the following: 'Internet scamming' (tricking other people into releasing their passwords, etc.), password robbery, security hole scanning, running proxy - proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy), introducing of any computer programs (viruses, Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots, etc.) that are intended to negatively interfere with, intercept, irreversibly damage or take hold of any system, data or personal information. It WILL NOT matter whether the attacked account or computer belongs or not to OnlinePlus services. The fraud will be subject to actions based on the very nature of the attack and those may represent a warning, an account suspension or cancellation, and/or civil or criminal legal actions.
-
Executing any form of network activity that will intercept data not intended for the Customer's server.
-
Interfering with or denying service to any user, host, or network other than the Customer's host (example: denial of service attack or distributed denial of service attack).
-
Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers ('spoofing') or other identification information.
-
Failing to comply with the Company's procedure relating to the activities of the Customers on the Company's premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as an emergency security breach recovery and is currently charged at $100.00 USD per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.
-
EMAIL POLICIES
SPAMMING IS PROHIBITED. Users MAY NOT utilize our Dedicated server hosting services to transmit, distribute or deliver any unsolicited bulk or commercial messages over the Internet (an action known as "spam" or "spamming"). Users MAY NOT utilize our dedicated servers for email marketing purposes. There is a 500-outbound-email-per-hour limit on all dedicated servers.
Spamming is a violation of ethic norms and will be interpreted as an infringement. OnlinePlus will not tolerate the sending of unsolicited bulk or commercial messages through our Dedicated server hosting services, as well as through another service that is mentioning, in some way, our customer's domain name or implies the utilization of our server network or our e-mail services for sending the unsolicited bulk or messages.
SPAMVERTISING IS PROHIBITED. 'pamvertizing' refers to the practice of sending unsolicited spam messages for the purpose of advertising a particular website.
If such e-mails are relayed through 3rd party (e-mail spoofing) and/or are promoting a domain hosted on our servers, this will lead to immediate account suspension unless an evidence of legitimacy for non-involvement of the domain owner in the particular illegal action is provided.
'E-mail spoofing' is a fraudulent e-mail activity in which the sender's (3td party) e-mail address and other parts of the e-mail header are changed so as to appear that the e-mail has been sent from a different source (e-mail address owner/server).
'Unsolicited message' is a message that is sent against the privacy policy of a newsgroup, or is sent to a recipient without their explicit permission. We, at our sole discretion, shall determine whether any of the messages you are sending is spam or spamvertizing. For your information, spamming generally includes, but is not limited to the following
-
Sending of unsolicited messages in bulk, or sending of unsolicited e-mails, which provoke complaints from recipients;
-
Sending of junk mail;
-
Use of distribution lists that include people who have not given prior explicit permission to be involved 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;
-
Excessive and repeated cross-posting;
-
E-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting of any threatening, libellous or obscene material, or material of any nature that may be deemed offensive;
-
E-mailing of age-inappropriate communications or content to anyone under the age of 18.
BLOCK REMOVAL: If Customer actions have caused Company mail servers or Company IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the Internet, the Customer will incur a $100 charge to the Customer's account and $100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
-
Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
-
Header Forgery: Forgery of email headers ('spoofing') is prohibited.
-
Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
-
Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.
MASS MAILINGS: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to the Company upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.В
MAILING LISTS: Company's mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by the Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to the Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future
-
IP ALLOCATION
The Company administers an Internet network on which multiple Customer servers reside. Customers shall NOT use IP addresses that were not assigned to them by the NOC staff or network administrators. Any server utilizing IP addresses outside of the assigned range will be suspended from network access until the IP addresses overlap can be corrected. Use of an unauthorized IP address will result in a charge of $20 per IP. Use of an unauthorized IP address creating a third party Customer outage will result in a $100 charge and termination of service until the IP allocation is resolved.
-
IRC POLICY
The Company allows stand alone IRC servers which are not connected to global IRC networks such as Undernet, EFnet, DALnet and other IRC networks. IRC servers which establish and maintain connections to global IRC networks such as Undernet, EFnet, DALnet and others will be considered to be in violation of the Acceptable Use Policy.
The Company does not allow IRC plug-ins, scripts, add-ons, clones or other software that has the intent or effect of disrupting or denying service to other users. Harassing, disrupting or denying service to other users is expressly prohibited, and may result in the immediate suspension or cancellation of Customer account(s).
If IRC servers attract DoS or DDoS attacks that disrupt or deny service to other Customers, the Company will null-route, ACL or otherwise suspend service to maintain quality of service for other Customers on our network.
The Company allows the limited use of stand-alone IRC 'bots'. The Company prohibits the use of 'botnets'. A Customer's IRC server may run a 'bot', but the Customer may not join a 'botnet'. The use of IRC BNC's or other proxy and re-direction software is expressly prohibited.
For the purposes of policy enforcement, any malicious activity observed to originate from a Customer's server may result in the immediate suspension of service to the offending Customer's server without prior notice. Frequently compromised servers may be reviewed for account termination on a case-by-case basis. The purpose of this case-by-case review is to deter AUP prohibited activity from occurring under the blanket excuse of a 'compromised server.'
Harassing, abusive and aggressive IRC activity is prohibited. This includes 'flooding' (rapid transmission of information with the intent to harass or deny service), 'hijacking' (taking improper or unauthorized control of В channel or server operator privileges), sending messages to users who do not want them, attempting to circumvent a channel or server ban, impersonating other IRC users and other abusive IRC behavior as determined by the Company.
The Company reserves the right to modify or amend the IRC policy at any time.
-
INAPPROPRIATE OR UNLAWFUL CONTENT
CONTENT published or transmitted via OnlinePlus's Dedicated server hosting services includes website content, email content, forum/blog postings, chat content, and/or any other type of content hosted on our Dedicated servers, published online or transmitted through our network's services.
The user of our Dedicated server hosting services is NOT permitted to post online content or have links to content that:
-
is defamatory, abusive or obscene, violates a person's reputation/privacy, is reasonably deemed offensive by the web community, is anti-religious or anti-human rights, or contains any type of threatening or hate speech, encourages harassment or physical harm to any group or individual, or is otherwise malicious/fraudulent and may result in complaints/liabilities/or retaliation against OnlinePlus by offended viewers;
-
promotes or encourages illegal activities (e.g. illegal drugs, illegal gambling, arms trafficking, etc.) or violates any applicable law, statute, ordinance or regulation, including but not limited to the laws and regulations governing export control, unfair competition, false advertising, consumer protection, etc.
-
represents pornography - any type of pornographic/adult material, including child pornography, or advertisements of pornographic websites;
-
represents infringement on copyright, patents, trademarks, trade secrets, or third party's intellectual property or proprietary rights, including pirated computer programs, hacking/phreaking software, warez or any type of software/content (including also ROMs, ROM Emulators, media files - MP3, AVI, .RM, etc., torrent files, and others) that is copyrighted, is NOT uploaded in compliance with its license agreement or is NOT freely available for distribution.
-
COPYRIGHTS
Copyrighted material must not be placed on customers' Dedicated server hosting accounts without the explicit permission of the copyright owner or a person specifically authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will promptly remove the infringing material from the Services. Further procedures (in accordance with our stated below corrective measures) will be carried out if necessary. We will assume no liability to any customer of the Dedicated server hosting services for the removal of any such material. Repeated violations of LiquidNet's Copyright Infringement Policy could result in permanent suspension of a customer's account.
-
CORRECTIVE ACTIONS
We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions.
We will disable the customer's Dedicated server hosting account if we deem necessary, at our sole discretion. Upon closing of the customer's account we will send an e-mail notification to the customer, stating the reason for the termination and quoting our terms' chapter that has been violated. The customer will be given an opportunity to respond and take measures to remedy the situation should he/she consider him/herself abused by a third party. Upon fulfilling of this obligation, we may re-activate the customer's account, if we find, at our own discretion, sufficient evidence pro customer's side.
Closed accounts due to repeated violations will not be re-activated.
-
REPORTING VIOLATIONS
If you need to report a violation of this AUP agreement or believe that you or your system has been subject to attack originating from our system, please contact us immediately. Our team will fully investigate the situation and provide you with professional assistance.
-
POLICY FOR HOSTING RESELLERS
If you are using your dedicated server for reseller hosting purposes, you are responsible for the conduct of your Customers and by agreeing with this AUP, agree that your Customers will adhere to the AUP. Hosting resellers should make their perspective Customers aware of the AUP and the consequences for violation.
-
REVISIONS
We reserve our right to change this AUP at any time, without prior notice. We encourage our users to periodically review this Acceptable Use Policy and our Dedicated Terms of Service.
Order verification
Privacy Policy
Cancellation/Refund Policy
Domain Name Registration Agreement
Domain Name Dispute Resolution Policy
ID Protection Agreement
OnlinePlus Order
Verification Policy
This is an Agreement between You - Customer of our Hosting Services, and the following companies, which partner with OnlinePlus - LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. Legal details about the two companies can be found in the 'Customer Service Contact Details' section of this document. For the sake of brevity, OnlinePlus, LiquidNet US LLC and LiquidNet Ltd. will be referred to as 'OnlinePlus' in this document.
This
document contains
all details about our order verification procedure. Its aim is to
fill you in on our policy towards Internet frauds. Our company's
policy is to strictly scrutinize each new order and verify the
payment details of each new customer.
How does the
verification procedure take place?
*Step 1.* You place an
order for a hosting account with us through our order form. A money
transaction follows through the selected payment method.
*Step
2.* We receive a notification email from our authorized retailer
(PayPal, WorldPay, 2CheckOut) for the transaction.
*Step 3.* An order verification procedure commences
within one hour after the notification has been received (on weekends
this period may be longer).
*Step
4.* A sales representative of ours compares your IP location with
your billing address and the location information given in your
hosting account.
*Step 5.* Payment
confirmation by phone is made at a time convenient for you. If we
can’t reach you by phone, we’ll send you an email, asking you to
present us with another phone number which you can be reached at in
order to confirm the payment. If within a 48-hour period you still
haven’t confirmed the payment, the order will be cancelled and the
account will be blocked.
IMPORTANT: All new
PayPal payments come to us with a status ‘Authorized’, but no
funds are cleared into our account yet. Within the period of 48 hours
the ‘Authorized’ status should be updated to either ‘Capture’
(if we approve the payment), or ‘Void’ (if we fail to approve the
payment). The funds will be cleared into our account as soon as (and
only if) the payment goes into ‘Capture’ status. Please, MIND
that your successfully cleared payment will consequently show up with
the following statuses - ‘Authorized’ and ‘Capture’, in your
PayPal statement. This does NOT mean that you have been charged twice
for the service.
We take no
responsibility if, during the order verification process, the domain
chosen by you has been registered by someone else, since we register
domain names only after the payment has been confirmed. If this is
the case, then you might wish to register another domain(s).
CUSTOMER SERVICE CONTACT DETAILS
Customers can get in touch with our Customer Care representatives via any of the
options listed below.
Technical Support
Via the ticketing systems - open a trouble ticket from the Web Hosting Control
Panel (section Help Center - > Open New Ticket). 1-hour support response is
guaranteed! (anchor to 1-hour Support Response Guarantee from Service Level
Guarantees popup)
Pre-sale and general questions
-
Phone us at:
US TOLL FREE PHONE: +1-855-211-0932
INTERNATIONAL PHONE: +1-727-546-4678
UK PHONE : +44-20-3695-1294
AU PHONE : +61-2-8417-2372
-
E-mail us using our Contact Us form
-
Use our Live Chat
-
Send us a Letter to:
LiquidNet US LLC
6750 North Andrews Ave
Suite 200
Fort Lauderdale, FL 33309
United States of America
LiquidNet Ltd.
13 Craigleith
7 Kersfield Road
Putney, London SW15 3HN
United Kingdom
OnlinePlus Privacy Policy
PRIVACY
OF
YOUR PAYMENT DETAILS
We, at OnlinePlus, use encrypted SSL connection to process Customers' credit card information. Payments processed by LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, will require us to store your billing information including credit card information on our servers and payments processed by LiquidNet Ltd., a UK company headquartered in London, UK, will not store any billing information on our servers. Working with some of the leaders in online payment operations, we guarantee fast and secure processing of Customers' payments. For maximum online security - we do NOT share this information with any third party.
PRIVACY
OF
YOUR ACCOUNT
We consider your registration data and the
content of all your messages private and confidential. The header of
the messages that you send will contain your name (e-mail address)
and Internet Protocol (IP) address. We will not intentionally monitor
or disclose any of your e-mail content or registration data unless we
are required to do so:
-
to
enforce these
Terms and Conditions,
-
by
law,
-
to
defend
ourselves in any legal action,
-
to
protect our
property.
Since your password is essential for protecting
your privacy, we encourage you to NOT share it with anyone and change
it frequently. Additionally, you agree to respect the privacy and
confidentiality of others.
PRIVACY
OF
YOUR REGISTRATION DATA
OnlinePlus collects certain information during the registration process. The
personally identifiable information that OnlinePlus
collects includes first and last name. OnlinePlus
also collects non-personally identifiable information, such as
country, age, gender, etc. You may update your Registration
Information at any time from your Web Hosting Control Panel - >
My
Account - > Change Login Credentials section.
We may
disclose aggregate registration statistics in connection with our
marketing activities.
SECURITY OF INFORMATION
OnlinePlus is committed to protecting the security of customer collected personal information. To do so, we use technical security measures to prevent the loss, misuse, alternation or unauthorized disclosure of information under our control. We use security measures including and not limited to: physical, electronic and managerial procedures to safeguard and secure the information we collect online. When we ask customers or users to provide financial information (such as a credit card number) that data is protected using Secure Sockets Layer ("SSL") technology.
ACCESS TO PERSONAL INFORMATION
OnlinePlus's customers have access to their personal data including full name, company name, email address, and credit card information. Customers have the ability to delete data related to their full name, company name, and identifiable billing information which will no longer be stored in our databases, with the exception of: email address, network logs, cases where fraudulent or otherwise illegal activity has been deemed to occurred as determined by law enforcement or OnlinePlus management, in which case the information may remain in our database indefinitely in order to help facilitate the prevention of repeated abuse in the future from the offending party.
WHY
WE NEED
THIS INFORMATION
Your registration information is needed in
order for us to operate the site, to provide support for your
account, for statistical purposes, etc. OnlinePlus
will NOT send you any unsolicited information, including e-mails,
except as mentioned hereby.
New
customers
will receive a OnlinePlus
welcome
e-mail containing information about the features provided by the
Service, as well as WHCP (Web Hosting Control Panel) and FTP login
details. OnlinePlus
may also send
system notifications upon need, related to any upgrade, maintenance
or other service issues concerning your hosting account.
OnlinePlus will keep your personally identifiable information private and will
NOT share it with any unauthorized third parties.
LOG FILES
We use IP addresses to analyze trends, administer our site and servers, track access, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. It is possible that personal information about a customer may be included in the log files due to the normal functions of IP addresses and Web browsing.
COOKIES
We use different cookies on our website to make it as useful to you as possible. Cookies are small text files that we put on your computer or mobile device to tell us what you want to use on our site but they do not tell us who you are.
Here you can learn more about cookies and how to control or delete them.
Here are the cookies that we use on our site:
Essential cookies
We use a cookie to remember your login for you and what you’ve put in the shop cart. Also, we set a cookie to help you choose a preferred font size for using the site. These cookies we consider essential for the operation of our website.
External web services
We use an external live chat service (using cookies to remember your session name) to deliver real time support to you should you want to.
Payment processing
To process payments online, we require the billing address for the credit card used and our external payment provider, PayPal/WorldPay, requires your credit card details.
We assume you are happy with this usage of cookies on this website. If you are not happy, then you should either not use this site, or delete the cookies (you can check out how to do that according to your browser here), or browse the site using your browser’s anonymous usage setting (named “Incognito” in Chrome, “InPrivate” for Internet Explorer, "Private Browsing" in Firefox and Safari etc.).
Please remember that if you choose to delete the cookies or use the browser anonymously, you may find that certain sections of this website do not work properly.
OPT OUT
By default, customers do receive any system updates, such as the newsletters, invoices, and service email notifications. Any customer who voluntarily receives these updates may unsubscribe at any time. Customers may not opt out of possibly receiving important system notifications, in the rare event that such notification would be necessary.
COMPLIANCE WITH LAWS AND LAW ENFORCEMENT
OnlinePlus cooperates with government and law enforcement officials to enforce and comply with the law. We will disclose any information about Users upon valid request by government or law officials as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect your property and rights, or the property and rights of a third party, to protect the safety of the public or any person, or stop activity we consider illegal or unethical.
CHANGES TO PRIVACY POLICY
Any changes to our Privacy Policy will be placed here and will supersede this version of our Policy. We will take reasonable steps to draw your attention to any changes in our Policy. However, to be on the safe side, we suggest that you read this document each time you use the website to ensure that it still meets with your approval.
CONTACT US
If you have any questions about our Privacy Policy, or if you want to know what information we have collected about you, please use our Contact Us form.
Postal Address:
LiquidNet LLC
6750 North Andrews Ave
Suite 200
Fort Lauderdale, FL 33309
USA
LiquidNet Ltd.
13 Craigleith
7 Kersfield Road
Putney, London SW15 3HN
United Kingdom
OnlinePlus Cancellation/Refund Policy
CANCELLATION
& REFUNDS
OnlinePlus accounts are set up on a prepay
basis. OnlinePlus customers may
decide to cancel their accounts at any time, however they will get a
full refund of the service only if the cancellation request is made
within 30 days of purchasing of the account, according to our Money
Back Guarantee Policy
To
cancel an
account, the Customer needs to send an e-mail or support ticket to
our Sales Department and provide any authentication credentials
requested by OnlinePlus. Other forms of cancellation requests
will not be accepted. Any incentives (free bonuses, etc.) offered to
the Customer upon sign-up will be also cancelled.
Domain
name
registrations/transfers, service
upgrades and
web hosting plan renewals are
treated as
non-refundable
services
(see below) and cannot be cancelled or refunded after being activated
upon customer request. The Customer will have the opportunity to
transfer his/her domain away to another host.
Late
cancellations,
as well as accounts cancelled by OnlinePlus due to TOS violations
(where the customer has decided not to fix the violation) do not
qualify for the 30-day money back guarantee.
All
credit requests
for VISA, MasterCard, American Express and Discovery payments are
processed within 48 hours of the submission of the refund request (by
e-mail or ticket, as mentioned above). The funds will be credited
back to the Customer's credit/debit card and affect the Customer's
credit/debit card balance in accordance with the credit/debit card
issuer's terms of service.
All
credit requests
for PayPal payments are processed within 48 hours of the submission
of the refund request (by e-mail or ticket, as mentioned above). The
funds will be credited back to the Customer's PayPal account and
affect the Customer's PayPal balance in accordance with the
PayPal's terms of service.
MONEY BACK GUARANTEE POLICY
OnlinePlus offers a 30-day
money back guarantee. If you are not
satisfied with our hosting services, you can submit a refund request in
a trouble ticket opened from your web hosting control panel, or via
email sent to billing@duoservers.com, and receive full refund for your
hosting plan within 30 days of the purchasing of the account. Please,
NOTE that domain name registrations/transfers are non-refundable
services.
All recurring payments and all payments made via Western Union or bank wire are non-refundable and are not subject to the 30-day money back guarantee.
NON-REFUNDABLE
SERVICES
Non-Refundable
Services: all service upgrades, wallet refills and plan renewal services purchased from the Web Hosting Control Panel; all 1-year or multi-year domain registration or transfer services purchased at sign-up or from the Web Hosting Control Panel.
All
domain
registrations and domain transfers are final, do not include any
money-back guarantee and will be subject to a fee that is calculated
on the basis of the actual NON-PROMOTIONAL annual price of the
purchased domain's TLD, multiplied by the number of years of
registration or transfer. Any refund amount credited back to the
Customer in accordance with our 30-day money back guarantee will not
include the cost of the non-refundable services (if any) that have
been purchased with the Customer's web hosting plan upon sign-up
(i.e. the Customer will be issued a partial refund on the original
transaction if he/she has purchased non-refundable services within
the web hosting account).
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 at OnlinePlus will be subject
to full investigation.
When
signing up for
a web hosting account with OnlinePlus, customers agree to the
conditions explicated in our Acceptable
Use
Policy (AUP) and the Web Hosting Terms of
Service. Thus, OnlinePlus, as well as our 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 our OnlinePlus team will
be to try to contact the user. Meanwhile, the user 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 our authorized retailers and the
account will be re-activated.
If
the user has sent
a chargeback request based on groundless argumentation (to our own
judgment and these Web Hosting Terms of Service), then a dispute will
be started with our authorized retailers in which the Web Hosting
Terms of Service and the Acceptable
Use Policy of OnlinePlus will serve as
proof 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 OnlinePlus
has the right to a reverse payment.
In
case that the
chargeback originates from a fraudulent user and no reverse payment
procedure can be initiated, then the respective hosting account will
remain suspended.
OnlinePlus works in association with LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd - an ICANN accredited domain registrar, headquartered in London, UK (No. 4654498). Legal details about these companies can be found in the 'Contact Details' section of this document. OnlinePlus, LiquidNet US LLC and LiquidNet Ltd. will be referred to in this document as OnlinePlus, for the sake of brevity.
OnlinePlus DOMAIN NAME
REGISTRATION/TRANSFER
OnlinePlus provides domain registrations for both generic Top Level Domains (gTLDs) and country-code Top Level Domains (ccTLDs).
- Domain name registrations/transfers are non-refundable. As changes are no longer allowed after a registration request is submitted, you should always check for correct spelling before purchasing a domain name.
- Domain name registrations are not operative before the registry administrator activates the domain name(s). The domain name registration(s) are only active during the registration period chosen by the registrant (you). The registration period of newly registered domain names starts from the date on which the registration is approved by the registry.
- OnlinePlus and the top registry, also known as Primary Service Provider, will not be held accountable for any inadvertences, mistakes or otherwise deviations on the side of the registry administrator in regards to requests for registration, renewal, or any modifications of already registered domain name(s).
- You, as the registrant, agree that the domain name registration is a service, which cannot be interpreted autonomously from the services described in this Agreement or a similar Agreement from the registrar. You, as a Registrant, accede that domain name registration services do not develop a proprietary significance and you will not be entitled to any such proprietary significance claims for domain name(s) registered through our company.
- The Registered Name Holder shall "indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration." At its simplest, this means that if the Registry Operator (or its employees, etc.) for the registered name is sued because of the Registered Name Holder’s domain name registration, the Registered Name Holder will pay the Registry Operator for all fees and expenses in defending against the suit as well as pay for any judgments or liabilities awarded. This "indemnification" is not solely limited to court cases.
You can view the full list of Registrant Benefits, Rights and Responsibilities, approved by ICANN, on their website:
http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm
https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#registrant
If you register a .INFO domain name, you also enter into a contract of registration with Afilias, which is represented by the following Terms & Conditions:
http://afilias.info/policies
If you register a .UK, .CO.UK, .ORG.UK or .ME.UK domain name, you also enter into a contract of registration with Nominet UK, which is represented by the following Terms & Conditions:
http://www.nominet.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration
-
EXPIRATION AND RENEWAL OF SERVICES
Even though OnlinePlus 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.
The RGP fee depends on the given TLD and on the registrar through which it is registered as follows:
| Registrar |
TLD |
RGP fee |
| LiquidNet Ltd |
.com, .net, .org, .info, .biz |
$90.00 |
| LogicBoxes |
.us, .in, .cc, .tv |
$90.00 |
| EURid |
.eu |
$20.00 |
| eNom |
.com, .net, .org, .info, .biz,.co, .asia, .ca, .name, .mobi, .tw, .com.tw, .org.tw, .idv.tw, .pro, .me |
$270.00 |
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 30-42 days.
Extended Redemlption Grace Period - the extended redemption period may add another 7 - 30 days to the domain name's redemption period. During this period the domain name owner is allowed to retrieve the domain name from deletion by contacting the domain's registrar.
If you do not redeem your domain name prior to the end of the Redemption Grace Period/Extended Redemption Grace Period (or the renewal period - if RGP is not applicable), OnlinePlus reserves the right to delete the domain name, as per ICANN’s Domain Deletion & Auto-renewal Policy (EDDP).
After the redemption period of an expired domain name is over, follows the Pending Delete Period - a registry level period of up to 5 days during which no one is allowed to renew the domain name and it cannot be newly registered because it's still not returned to the public pool of domain names.
Released by Registry Period - after the domain name's 'Pending Delete Period' is over, it is released back into the public pool of domain names and is newly available for registration.
NOTE: As per EURid's domain expiration policy, all .EU domain names will be suspended one day BEFORE their official expiration date and will enter a 40-day Redemption Grace Period during which they can still be renewed. However, an additional fee will be added atop the renewal price.
-
BACKORDERING EXPIRING DOMAINS
Backordering a domain allows you to attempt to acquire an attractive domain that expires within the upcoming few days, the moment it becomes available for registration. The service is currently available only for .COM and .NET TLDs.
Placing a backorder does not guarantee that you will acquire the domain name you have requested. We cannot guarantee a successful registration and will not be held liable if we are unable to register the requested domain name, because this registration process is on a first-come-first-served basis where we might be unsuccessful in our attempt to register it for you.
In order to be eligible for the backorder domain service, you will need to deposit or have enough funds in your wallet balance. The amount placed in the wallet is non-refundable, so if we do not succeed in registering the domain for you, the funds will be returned in your overall wallet balance and you can use them for another service or attempt to backorder another domain.
COMPLETE AND ACCURATE DOMAIN WHOIS INFORMATION
The Registrant agrees to provide accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the domain name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant; name of authorized person for contact purposes in the case of an Registrant that is an organization, association, or corporation; and the following data elements:
- the names of the primary nameserver and secondary nameserver(s) for the registered domain name;
- the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the registered domain name and
- the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the registered domain name;
If the information provided in the Registrant's application is deemed false or incomplete by OnlinePlus, and the Registrant fails to correct the WHOIS information within 10 calendar days after the date OnlinePlus sends a notice to the Registrant, this will be treated by OnlinePlus as an immedicable infringement of the present Agreement.
You are solely responsible for keeping track of the emails that will be sent by OnlinePlus to the email address associated with the registered domain name. Inability to respond to such inquiries and emails may result in losing ownership over the domain name(s).
You acknowledge and agree that the contact details of your domain, as well as its registration and expiration dates and the name server associated with it, will be shared with the registry operator. As required by ICANN, this information must also be made publicly available by means of a 'port 43' WHOIS service. You hereby consent and give permission for all such requirements and disclosures. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party's consent to such disclosure.
Please, NOTE that OnlinePlus is not able to restrict any access to your WHOIS record or to control in what manner or for what purposes members of the public may use the details provided in it.
THIRD-PARTY USE OF DOMAIN NAME REGISTRATIONS
Any Registrant that intends to license use of a domain name to a third party is nonetheless the Registrant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the registered domain name.
A Registrant licensing use of a registered domain name according to this provision shall accept liability for harm caused by wrongful use of the registered domain name unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing reasonable evidence of actionable harm.
OBLIGATIONS RELATED TO WHOIS DATA PROCESSING
OnlinePlus shall provide notice to each new or renewed Registrant stating:
- the purposes for which any personal data collected from the applicant are intended;
- the intended recipients or categories of recipients of the data (including the registry operator and others who will receive the data from registry operator);
- which data are obligatory and which data, if any, are voluntary; and
- how the Registrant or data subject can access and, if necessary, rectify the data held about them.
The Registrant, in turn, shall consent to the data collecting procedure stated in subsection 6-a;
The Registrant shall represent that a notice equivalent to that described in subsection 6-a has been provided to any third-party individuals whose personal data are supplied to Registrar by the Registrant, and that the Registrant has obtained consent equivalent to that described in subsection 6-b of any such third-party individuals.
OnlinePlus shall agree that it will not process the personal data collected from the Registrant in a way incompatible with the purposes and other limitations about which it has provided notice to the Registrant in accordance with subsection 6-a above.
OnlinePlus shall agree that it will take reasonable precautions to protect personal data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
OBLIGATIONS RELATED TO DOMAIN REGISTRATION DISPUTES
For the adjudication of disputes concerning or arising from use of the registered domain name the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile and (2) where OnlinePlus is located.
The Registrant shall agree that its registration of the registered domain name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by OnlinePlus or the registry operator in registering the name or (2) for the resolution of disputes concerning the registered domain name.
ACCESS TO YOUR ACCOUNT
You, as the registrant of the domain name(s), have the obligation to protect your Account Login Credentials, including the password, from misuse. Anyone in possession of your account login credentials will have the full authority and access to:
- initiate a transfer of the domain name(s)
- change the WHOIS information
- change the name servers (DNS)
Such unauthorized changes and actions may disturb or annul your rights to the domain name(s) you have registered through our company.
SERVICE PAYMENTS, RECURRING CONTRACTS AND CHARGEBACKS
When signing up for an account with OnlinePlus, the Customer
agrees to pay for the period of one year (365 days) and abide by our
Order Verification Policy. Our Sales Department will strictly
scrutinize each order and carefully processes each payment in
order to ensure that no fraudulent user can take advantage of our system.
OnlinePlus will charge customers with fees based on the fee
structure of our system at the time of the sign-up process.
OnlinePlus reserves the right to introduce price changes to the
services when needed. This means that the current price list at our web
store may differ from the pricing of your purchase.
Each Customer of ours 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.
OnlinePlus reserves the right to introduce certain changes to the
packages (in the form of complementary services) to the benefit of the
customers.
When the Customer pays for a web hosting plan with a domain via credit card or PayPal, a 12-month recurring billing subscription will be created automatically for their convenience, for which the Customer will get a notification from the payment processor.
All automatic payments go through exactly 7 days before the due date so as to avoid any downtime to the Customer's websites if there is a problem with the credit card/PayPal account.
We’ll send the Customer a reminder of the due payment at least 24 hours before the automatic charge takes place.
The Customer can cancel the subscription at any time from their Control Panel -> My Account -> Recurring, or directly through PayPal - if it’s a PayPal account subscription.
If a chargeback request is initiated through the Customer's bank, our payment processor will impose a penalty fee of $30 on us for handling the chargeback procedure. Thus, if the Customer decides to reactivate the given domain/hosting service, the Customer will have to cover the respective service fee and the penalty fee that resulted from your chargeback.
CUSTOMER
SERVICE CONTACT DETAILS
Customers
can get in touch with our Customer Service via any of the contact
options listed below:
1. Open a trouble ticket from the customer Web Hosting Control Panel
(section Help Center - > Open New Ticket)
2. Phone:
US TOLL FREE PHONE: +1-855-211-0932
INTERNATIONAL PHONE: +1-727-546-4678
UK PHONE : +44-20-3695-1294
AU PHONE : +61-2-8417-2372
3. Send us a Letter to:
LiquidNet US LLC
6750 North Andrews Ave
Suite 200
Fort Lauderdale, FL 33309
United States of America
LiquidNet Ltd.
13 Craigleith
7 Kersfield Road
Putney, London SW15 3HN
United Kingdom
UniformDomain Name
Dispute Resolution Policy
(As
Approved by ICANN on October 24, 1999)
1.
PURPOSE. This Uniform Domain Name Dispute Resolution Policy
(the
"Policy") has been adopted by the Internet Corporation for
Assigned Names and Numbers ("ICANN"), is incorporated by
reference into your Registration Agreement, and sets forth the terms
and conditions in connection with a dispute between you and any party
other than us (the registrar) over the registration and use of an
Internet domain name registered by you. Proceedings under Paragraph 4
of this Policy will be conducted according to the Rules for Uniform
Domain Name Dispute Resolution Policy (the "Rules of
Procedure"), which are available at
www.icann.org/udrp/udrp-rules-24oct99.htm,
and the selected administrative-dispute-resolution service provider's
supplemental rules.
2.
YOUR REPRESENTATIONS. By applying to register a domain name,
or
by asking us to maintain or renew a domain name registration, you
hereby represent and warrant to us that:
-
the
statements that you made in your Registration Agreement are complete
and accurate;
-
to
your
knowledge, the registration of the domain name will not infringe
upon or otherwise violate the rights of any third party;
-
you
are not
registering the domain name for an unlawful purpose;
-
you
will
not knowingly use the domain name in violation of any applicable
laws or regulations. It is your responsibility to determine whether
your domain name registration infringes or violates someone else's
rights.
3.
CANCELLATIONS, TRANSFERS, AND CHANGES. We will cancel,
transfer
or otherwise make changes to domain name registrations under the
following circumstances:
-
subject
to
the provisions of Paragraph 8, our receipt of written or appropriate
electronic instructions from you or your authorized agent to take
such action;
-
our
receipt
of an order from a court or arbitral tribunal, in each case of
competent jurisdiction, requiring such action;
-
our
receipt
of a decision of an Administrative Panel requiring such action in
any administrative proceeding to which you were a party and which
was conducted under this Policy or a later version of this Policy
adopted by ICANN. (See Paragraph 4(i) (k) below).
We may also cancel, transfer or otherwise make changes to a domain
name registration in accordance with the terms of your Registration
Agreement or other legal requirements.
4.
MANDATORY ADMINISTRATIVE PROCEEDINGS. This Paragraph sets
forth
the type of disputes for which you are required to submit to a
mandatory administrative proceeding. These proceedings will be
conducted before one of the administrative-dispute-resolution service
providers listed at www.icann.org/udrp/approved-providers.htm
(each, a "Provider").
a. Applicable Disputes. You are required to submit
to a
mandatory administrative proceeding in the event that a third party
(a "complainant") asserts to the applicable Provider, in
compliance with the Rules of Procedure, that
-
your domain name is identical or
confusingly similar to a trademark
or service mark in which the complainant has rights; and
-
you
have no
rights or legitimate interests in respect of the domain name; and
-
your
domain
name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that
each of these three elements are present.
b. Evidence of Registration and Use in Bad Faith.
For the
purposes of Paragraph 4(a)/(iii), the following circumstances, in
particular but without limitation, if found by the Panel to be
present, shall be evidence of the registration and use of a domain
name in bad faith:
-
circumstances indicating that you have
registered or you have
acquired the domain name primarily for the purpose of selling,
renting, or otherwise transferring the domain name registration to
the complainant who is the owner of the trademark or service mark or
to a competitor of that complainant, for valuable consideration in
excess of your documented out-of-pocket costs directly related to
the domain name; or
-
you
have
registered the domain name in order to prevent the owner of the
trademark or service mark from reflecting the mark in a
corresponding domain name, provided that you have engaged in a
pattern of such conduct; or
-
you
have
registered the domain name primarily for the purpose of disrupting
the business of a competitor; or
-
by
using
the domain name, you have intentionally attempted to attract, for
commercial gain, Internet users to your web site or other on-line
location, by creating a likelihood of confusion with the
complainant's mark as to the source, sponsorship, affiliation, or
endorsement of your web site or location or of a product or service
on your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests
in
the Domain Name in Responding to a Complaint. When you
receive a
complaint, you should refer to Paragraph 5 of the Rules of Procedure
in determining how your response should be prepared. Any of the
following circumstances, in particular but without limitation, if
found by the Panel to be proved based on its evaluation of all
evidence presented, shall demonstrate your rights or legitimate
interests to the domain name for purposes of Paragraph 4(a)(ii):
-
before any notice to you of the
dispute, your use of, or
demonstrable preparations to use, the domain name or a name
corresponding to the domain name in connection with a bona fide
offering of goods or services; or
-
you
(as an
individual, business, or other organization) have been commonly
known by the domain name, even if you have acquired no trademark or
service mark rights; or
-
you are
making a legitimate noncommercial or fair use of the domain name,
without intent for commercial gain to misleadingly divert consumers
or to tarnish the trademark or service mark at issue.
d. Selection of Provider. The complainant shall
select the
Provider from among those approved by ICANN by submitting the
complaint to that Provider. The selected Provider will administer the
proceeding, except in cases of consolidation as described in
Paragraph 4(f).
e. Initiation of Proceeding and Process and Appointment of
Administrative Panel. The Rules of Procedure state the
process of
initiating and conducting a proceeding and appointing the panel that
will resolve the dispute (the "Administrative Panel").
f. Consolidation. In the event of multiple disputes
between
you and a complainant, either you or the complainant may petition to
consolidate the disputes before a single Administrative Panel. This
petition shall be made to the first Administrative Panel appointed to
hear a pending dispute between the parties. This Administrative Panel
may consolidate before it any or all such disputes in its sole
discretion, provided that the disputes that are to be consolidated
are governed by this Policy or a later version of this Policy adopted
by ICANN.
g. Fees. All fees charged by a Provider in
connection to any
dispute before an Administrative Panel pursuant to this Policy shall
be paid by the complainant, except in cases where you elect to expand
the Administrative Panel from one to three panelists as provided in
Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees
will be split evenly between you and the complainant.
h. Our Involvement in Administrative Proceedings. We
do not,
and will not, participate in the administration or conduct of any
proceeding before an Administrative Panel. In addition, we will not
be liable as a result of any decisions rendered by the Administrative
Panel.
i. Remedies. The remedies available to a complainant
pursuant
to any proceeding before an Administrative Panel shall be limited to
requiring the cancellation of your domain name or the transfer of
your domain name registration to the complainant.
j. Notification and Publication. The Provider shall
notify us
of any decision made by an Administrative Panel with respect to a
domain name you have registered with us. All decisions under this
Policy will be published in full over the Internet, except when an
Administrative Panel determines in an exceptional case to redact
portions of its decision.
k. Availability of Court Proceedings. The mandatory
administrative proceeding requirements set forth in Paragraph 4 shall
not prevent either you or the complainant from submitting the dispute
to a court of competent jurisdiction for independent resolution
before such mandatory administrative proceeding is commenced or after
such proceeding is concluded. If an Administrative Panel decides that
your domain name registration should be canceled or transferred, we
will wait ten (10) business days (as observed in the location of our
principal office) after we are informed by the applicable Provider of
the Administrative Panel's decision before implementing that
decision. We will then implement the decision unless we have received
from you during that ten (10) business day period official
documentation (such as a copy of a complaint, file-stamped by the
clerk of the court) that you have commenced a lawsuit against the
complainant in a jurisdiction to which the complainant has submitted
under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general,
that jurisdiction is either the location of our principal office or
of your address as shown in our WHOIS database (see Paragraphs 1 and
3(b)(xiii) of the Rules of Procedure for details). If we receive such
documentation within the ten (10) business day period, we will not
implement the Administrative Panel's decision, and we will take no
further action, until we receive:
-
evidence
satisfactory to us of a resolution between the parties;
-
evidence
satisfactory to us that your lawsuit has been dismissed or
withdrawn;
-
a
copy of
an order from such court dismissing your lawsuit or ordering that
you do not have the right to continue to use your domain name.
5.
ALL OTHER DISPUTES AND LITIGATION. All other disputes
between you
and any party other than us regarding your domain name registration,
that are not brought pursuant to the mandatory administrative
proceeding provisions of Paragraph 4, shall be resolved between you
and such other party through any court, arbitration or other
proceeding that may be available.
6.
OUR INVOLVEMENT IN DISPUTES. We will not participate in any
way
in any dispute between you and any party other than us regarding the
registration and use of your domain name. You shall not name us as a
party or otherwise include us in any such proceeding. In the event
that we are named as a party in any such proceeding, we reserve the
right to raise any and all defenses deemed appropriate, and to take
any other action necessary to defend ourselves.
7.
MAINTAINING THE STATUS QUO. We will not cancel, transfer,
activate, deactivate, or otherwise change the status of any domain
name registration under this Policy except as provided in Paragraph 3
above.
8.
TRANSFERS DURING A DISPUTE.
a. Transfers of a Domain Name to a New Holder. You
may not
transfer your domain name registration to another holder:
-
during
a
pending administrative proceeding brought pursuant to Paragraph 4 or
for a period of fifteen (15) business days (as observed in the
location of our principal place of business) after such proceeding
is concluded; or
-
during
a
pending court proceeding or arbitration commenced regarding your
domain name unless the party to whom the domain name registration is
being transferred agrees, in writing, to be bound by the decision of
the court or arbitrator.
We
reserve the
right to cancel any transfer of a domain name registration to
another holder that is made in violation of this subparagraph.
b. Changing Registrars. You may not transfer your
domain name
registration to another registrar during a pending administrative
proceeding brought pursuant to Paragraph 4 or for a period of fifteen
(15) business days (as observed in the location of our principal
place of business) after such proceeding is concluded. You may
transfer administration of your domain name registration to another
registrar during a pending court action or arbitration, provided that
the domain name you have registered with us shall continue to be
subject to the proceedings commenced against you in accordance with
the terms of this Policy. In the event that you transfer a domain
name registration to us during the pendency of a court action or
arbitration, such dispute shall remain subject to the domain name
dispute policy of the registrar from which the domain name
registration was transferred.
9.
POLICY MODIFICATIONS. We reserve the right to modify this
Policy
at any time with the permission of ICANN. We will post our revised
Policy at OnlinePlus
at
least thirty (30) calendar days before it becomes effective. Unless
this Policy has already been invoked by the submission of a complaint
to a Provider, in which event the version of the Policy in effect at
the time it was invoked will apply to you until the dispute is over,
all such changes will be binding upon you with respect to any domain
name registration dispute, whether the dispute arose before, on or
after the effective date of our change. In the event that you object
to a change in this Policy, your sole remedy is to cancel your domain
name registration with us, provided that you will not be entitled to
a refund of any fees you paid to us. The revised Policy will apply to
you until you cancel your domain name registration.
OnlinePlus ID Protection Service Agreement
PLEASE READ CAREFULLY THE ID PROTECTION SERVICE AGREEMENT (FOR THE SAKE OF SIMPLICITY, FROM HEREON WE WILL REFER TO IT AS "AGREEMENT"). YOU AGREE WITH ALL TERMS AND CONDITIONS IN THIS AGREEMENT IN ORDER TO USE THE ID PROTECTION SERVICES (WHICH FROM HEREON WILL BE REFERRED TO AS "IDP SERVICES"). YOU AGREE THAT LiquidNet US LLC CAN CHANGE THIS AGREEMENT BY POSTING THE CHANGED AGREEMENT ON THE WEB PAGE FROM WHERE YOU PURCHASED THE IDP SERVICES. YOU AGREE THAT ANY NEW, DIFFERENT OR ADDITIONAL FEATURES THAT CHANGE THE IDP SERVICES WILL AUTOMATICALLY BE SUBJECT TO THIS AGREEMENT. YOU AGREE THAT ALL NEW, UPDATED OR ADDITIONAL FEATURES THAT CHANGE IN SOME WAY THE IDP SERVICES WILL AUTOMATICALLY BE SUBJECT TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL THE CHANGES TO THE AGREEMENT HERETO, DO NOT USE OR CONTINUE USING THE IDP SERVICES. IF YOU CONTINUE TO USE THE IDP SERVICES AFTER THIS AGREEMENT HAS BEEN UPDATED AND THE CHANGES POSTED ONLINE, YOU WILL AUTOMATICALLY BE SUBJECT TO THE NEW TERMS AND CONDITIONS POSTED.
This Agreement is by and between LiquidNet US LLC, a Florida corporation (C/O whois-shield.com, Fort Lauderdale, FL, 33309), and You, Your heirs, executors, administrators, agents, successors and assigns ("You," "Your," and other appropriate formatives). This Agreement will define the exact terms and conditions of Your relationship with LiquidNet US LLC and Your use of the IDP Services. You confirm that You have read and understand and agree to be bound by all terms and conditions specified in this Agreement for transactions entered into by:
- You on Your behalf;
- anyone acting as Your agent or representative;
- anyone who uses the account from which You want to obtain the IDP Services, whether or not the transactions are on Your behalf and/or authorized by You.
You agree that You will be bound by representations made by third parties You use to obtain the IDP Services. You also agree to follow the terms and conditions, established by the Internet Corporation for Assigned Names and Numbers ("ICANN"), including the Uniform Domain Name Dispute Resolution Policy and any policy which ICANN may enforce, regarding WHOIS information.
-
THE IDP SERVICES
If you subscribe to the IDP Services, your name, postal and email address, phone and fax numbers shall be kept confidential and hidden, falling subject to Section 5 of this Agreement. The following information (instead of your personal details) will be thereafter publicly available in the "Whois" section for each IDP Domain:
- LiquidNet US LLC's email and postal address, phone and facsimile number for the registrant, administrative, technical and billing contacts ("IDP Addresses");
- The primary and secondary domain name servers You have designated for the IDP Domain;
- The IDP Domain's original registration and expiration date;
- The identity of Your registrar and the status of the IDP Domain with the registrar (such as: "Active", "Registrar Lock", "ClientTransferProhibited", etc.).
While You will not be listed as the registrant of the IDP Domain, LiquidNet US LLC will not control the IDP Domain(s). You will retain your right to sell or transfer each IDP Domain; You will retain your right to control and set the DNS settings for the IDP Domain(s); You will retain your right to renew each IDP Domain name registration upon expiration and You will still be responsible for any and all monetary or other legal claims, connected with Your IDP Domain(s), subject to the remaining sections of this Agreement.
IMPORTANT: THE IDP SERVICE IS NOT A MAIL FORWARDING SERVICE. You agree that You will not give to any third party the IDP Addresses for the intention of having the third party send communications to you via the LiquidNet US LLC IDP Service. Third parties can obtain the IDP Addresses listed in the Whois Information of their own accord, but You agree that You will not provide the IDP Addresses to such third parties.
-
PROVISION OF PERSONAL INFORMATION
You agree that for each IDP Domain, You will provide LiquidNet US LLC with the current details and that you will maintain them current and accurate:
- Your name, address, email and postal address, phone and fax numbers;
- The name, address, email and postal address, phone and fax numbers for the IDP Domain's administrative, technical, and billing contacts;
- The primary and secondary domain name servers for the IDP Domain;
You agree to:
- update this information as soon as it changes;
- reply in up to five (5) business days to any inquiries made by LiquidNet US LLC to determine the validity of the information You have provided;
- promptly reply to messages regarding correspondence sent to or involving Your IDP Domain(s), as defined in section 6 below.
OnlinePlus may modify its information from time to time in such a way, which may constitute a "Change of Registrant" under ICANN’s Transfer Policy (the "Transfer Policy"). In such a case, You explicitly opt out of any 60-day inter-registrar transfer lock that would otherwise be imposed under the Transfer Policy due to any such Change of Registrant.
In addition, You explicitly authorize the registrar of the IDP Domain to act as its "Designated Agent" (as defined in the Transfer Policy) to approve each "Change of Registrant" (as defined in the Transfer Policy) on its behalf.
-
FEES AND RENEWALS
If, on the due date LiquidNet US LLC has not received renewal or other fees, you agree that LiquidNet US LLC can try to contact You, but is not obliged to do so, and You agree that LiquidNet US LLC can suspend or terminate the IDP Services as a result of non-payment.
LiquidNet US LLC can charge reasonable fees for administrative tasks for services, not falling into the already defined ones. These include, but are not limited to, customer service issues that require personal service and disputes that require legal services. You are responsible for covering all fees and taxes associated with using LiquidNet US LLC's services. Payments shall be made by credit card or PayPal. You agree that charges will appear on Your credit card statement under "PayPal Hosting" or "PayPal Hosting and Domains", depending on whether the credit card statement is restricted to 11 or 19 symbols. All fees are non-refundable.
If there is a charge back for a fee, which has been already covered, You agree that LiquidNet US LLC can, without notice, pursue all available remedies in order to obtain payment for that fee. Without limitation on other remedies which may be available under such circumstances, You agree that LiquidNet US LLC may assume complete ownership of the IDP Domain(s), that the IDP Domain(s) can be sold to third parties, or that the IDP Domain(s) can be pointed to an IP address of LiquidNet US LLC's own choice, and that LiquidNet US LLC can immediately cancel Your Account and all other services provided to You.
IMPORTANT TERMS REGARDING THE RELATIONSHIP OF THE TERM OF THE IDP SERVICES AND THE REGISTRATION TERM OF THE ASSOCIATED IDP DOMAIN: Your IDP Services term begins on the date when Your purchase of IDP Services is accepted by the LiquidNet US LLC and it will run for the time period you have chosen (by default, one year). The IDP Services term can be different from the registration term of the IDP Domain. If the domain, for which the IDP Service is activated, expires and is deleted before the end of the term of the IDP Service, then the IDP Service associated with this domain will end when the IDP Domain is deleted and there will be no refund for the unused portion of the IDP Services. If the IDP Services term ends while the registration term for the IDP Domain is still ongoing, then the IDP Services will no longer be available until they are renewed and the personal information specified in section 2 will be listed as the WHOIS information for the (then former) IDP Domain. All communication forwarding services (specified in section 6) will no longer be provided.
-
YOUR RESPONSIBILITIES AND WARRANTIES
It's Your responsibility to keep all information provided by You in relation to this Agreement truthful, complete, current and accurate and to maintain all information in this status for the term of this Agreement. You agree that You will be using the IDP service in good faith and that You have no information, knowledge or reason to consider that Your IDP Domain or the content found at all the IP Addresses associated with it violate or conflict with legal rights of a third party or a third party's trademark or trade name. You warrant that neither the IDP Service nor the domain associated with the IDP Service are to be used in connection with any of the activities defined in section 5 of this Agreement, or used for the transmission of unsolicited Spam emails.
- SERVICE DISCONTINUANCE
In the event of any of the following:
- If the IDP Domain(s) is (are) alleged to violate any third party's legal rights, trademark, copyright interests or trade name;
- If You violate any section of this Agreement;
- If You breach any section of the Domain Registration Agreement;
- If necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or law enforcement requests;
- If LiquidNet US LLC is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your use of the IDP Services or an IDP Domain;
- If necessary to comply with ICANN's Dispute Resolution Policy or other policies enforced by ICANN (including policies which may preclude using a service such as ID Protect);
- If necessary to avoid any financial loss or legal liability (civil or criminal) on the part of LiquidNet US LLC, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
- OR if it comes to LiquidNet US LLC's attention that You are alleged to be using the IDP Services for the purpose of engaging in, participating in, sponsoring or hiding Your involvement in illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise:
- appeal primarily to prurient interests;
- defame, embarrass, harm, abuse, threaten, or harass;
- violate state or federal laws of the United States and/or foreign territories;
- involve hate crimes, terrorism or child pornography;
- are tortuous, vulgar, obscene, invasive of a third party's privacy, race, ethnicity, or are otherwise objectionable;
- impersonate the identity of a third party;
- harm minors in any way;
- relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information,
THEN
You understand and agree that LiquidNet US LLC has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to suspend the IDP Services, close Your Account, terminate the provision of the IDP Services, list the information You provided in section 2 as the Whois information or provide the information You provided in section 2 to a claimant, resolve any and all third party claims, whether threatened or made, arising out of Your use of the IDP Domain(s), or take any other action which LiquidNet US LLC deems necessary.
In the event LiquidNet US LLC takes any of the actions set forth above or in the event You elect to cancel the IDP Services for any reason, any fees paid by You for the IDP Services will NOT be refunded.
You also agree and understand that LiquidNet US LLC can, in its sole discretion and with no liability to You, cancel the IDP Service during the first thirty (30) days after Your purchase of the IDP Services, and/or suspend all Your rights under this Agreement and display the original WHOIS information until a resolution of the dispute or investigation of allegations raised against You is reached.
-
FORWARDING COMMUNICATIONS
You agree and understand that LiquidNet US LLC has the right to review communications sent to the IDP Addresses associated with Your IDP Domain. For communications received via certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal mail which does not appear to be unsolicited commercial mail ("Spam"), LiquidNet US LLC will either i) forward such communication to You or ii) attempt to send you a scanned copy of the communication in order to consult with You about whether to forward the communication to You or not. You specifically acknowledge that LiquidNet US LLC may choose not to contact You regarding (and not forward to You) first class postal mail or email, fax, postal mail or telephone communications which appear to be unsolicited communications which offer or advertise the sale of goods or services or which solicit charitable contributions, or communications which appear to arise from Your having used the IDP Services as a general mail forwarding service (see section 1, above). You authorize LiquidNet US LLC to either discard and ignore all such communications or return them to sender unopened. You agree to waive any and all claims arising from Your failure to receive communications directed to Your domain name but not forwarded to You by LiquidNet US LLC, including failures which arise from LiquidNet US LLC's mistake in judging whether a communication appears to be an unsolicited communication.
The Whois directory generally requires an email address for every purchased domain name registration. When You purchase IDP Services, LiquidNet US LLC creates an email address for that domain, which will look like this - "dsa343wqef432@whois-shield.com". From there on, when a message is sent to the email address listed as the IDP Address, LiquidNet US LLC will forward the messages to the email address You listed in section 2. If the email address you have provided us with becomes non-functioning or if email sent to the address bounces, LiquidNet US LLC is not bound to try to contact You through other means.
Your Obligation to Reply to messages from LiquidNet US LLC:
- If LiquidNet US LLC receives a communication (email or general mail) which may warrant if forwarded to You, LiquidNet US LLC will send an email to the email address You provided as Your personal email address when filling the domain's Whois information. This email message will identify the sender of the message and the date received. You will have seventy-two (72) hours to decide whether to have the message(s) forwarded to you. If you do not respond within this time period, the communication(s) will not be forwarded and discarded. The method of forwarding will be determined by LiquidNet US LLC. Forwarding of the messages may not be immediate; there can be a delay and communication(s) may be aggregated to be forwarded together, if there are a lot of them received. LiquidNet US LLC can begin charging fees for forwarding communications or may change the method of forwarding the correspondence without notice;
- If You do not respond to the messages sent from LiquidNet US LLC regarding communications received at the IDP Address, LiquidNet US LLC may immediately reveal the information You provided as the original Whois data and/or cancel the IDP Services. This means that Whois lookups will display Your name, postal address, email address and phone number. This action will be taken because LiquidNet US LLC will not get involved in legal or other matters between You and third parties.
-
LIMITATION OF LIABILITY
LiquidNet US LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTIES. THIS LIMITED LIABILITY CLAUSE SHALL APPLY EVEN IF LiquidNet US LLC HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY CLAIMS. IN NO EVENT SHALL LiquidNet US LLC'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE OR THE PRODUCT. LiquidNet US LLC'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
You also understand and agree that LiquidNet US LLC will disclaim any loss or liability resulting from:
- the inadvertent disclosure or theft of Your personal information;
- access delays or interruptions to our web site or the web sites of affiliated parties;
- data non-delivery or misdelivery between You and LiquidNet US LLC;
- the failure for whatever reason to renew the IDP Services;
- the unauthorized use of Your Account or any of LiquidNet US LLC's services;
- deletion of, failure to store, failure to process or act upon email messages sent to or forwarded to either You or the email address listed for Your IDP Domain;
- processing of updated information regarding Your Account;
- any act or omission caused by You or Your agents (whether authorized by You or not).
You also agree to release, defend, indemnify and hold harmless LiquidNet US LLC and its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, coming from or related in any way to this Agreement, the IDP Services, the web sites of the Service Providers, Your Account, and/or Your use of Your IDP Domain.
-
TERM OF AGREEMENT
The term of this Agreement begins on the date Your purchase of the IDP Services is accepted by LiquidNet US LLC. The term shall run for a time period for which You ordered the IDP Services, unless terminated or suspended sooner according to the terms of this Agreement. Sections 6 (Forwarding Communications) and 7 (Limitation of Liability) shall survive any termination or expiration of this Agreement.
-
CONTACT DETAILS
If you have any questions about our ID Protection Service Agreement, please use our Contact Us form.
Postal Address:
LIQUID NET US LLC
6750 North Andrews Ave
Suite 200
Fort Lauderdale, FL 33309
USA
LiquidNet Ltd.
13 Craigleith
7 Kersfield Road
Putney, London SW15 3HN
United Kingdom