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Terms of Service

MediaOn.com is leading the market in secure and privacy Hosting by delivering maximum reliability and fast load times along with the most convenient and comprehensive services available today. Providing affordable hosting services and fantastic support! Our MediaOn.com data center is a Tier 1 operations center with full redundant fiber optic connections to all the major Internet backbones.

Use of MediaOn.com Service constitutes acceptance and agreement to MediaOn.com's AUP as well as MediaOn.com's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of MediaOn.com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment:
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. 60-day cancellation period for all Domain Names, Hosting plans, VPS plans, Semi Dedicated plans and Dedicated Servers plans - 7 days of grace. We accept PayPal payments only from PayPal Gateway in the client area.

Refund and Disputes:
All billing disputes must be reported within 7 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in MediaOn.com's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay MediaOn.com an "Administrative Fee".

Failure to Pay:
MediaOn.com may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Limited Liability:
Customer expressly agrees that use of MediaOn.com Hosting is at Customer's sole risk. Neither MediaOn.com, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that MediaOn.com's service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the MediaOn.com Server service.

Under no circumstances, including negligence, shall MediaOn.com, its offices, agents or any one else involved in creating, producing or distributing MediaOn.com's services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use MediaOn.com services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to MediaOn.com's records, programs or services.

Customer hereby acknowledges that this paragraph shall apply to all content on the MediaOn.com service.

Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract.

SPAM and Unsolicited Commercial Email (UCE):
MediaOn.com takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our Webspace/VPS network. Very simply this means that customers of MediaOn.com may not use or permit others to use our network to transact in UCE. Customers of MediaOn.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

The Customer should use the email and other related services in full compliance with the terms below:

1. Each Customer's account is allowed to send a maximum of 30 emails per hour. Any account that exceeds this limitation is endangering the overall server performance.
2. Each email sent by the Customer should have NO more than 10 recipients. Sending a single email to more than 10 recipients simultaneously is endangering the overall server performance.
3. The use of email clients with IMAP protocol is allowed for mailboxes with a maximum size up to 10MB. Any use of IMAP with a bigger mailbox is endangering the overall server performance.
4. The use of email clients with POP3 protocol is allowed for mailboxes with a maximum size up to 10MB. Any use of POP3 with a bigger mailbox is endangering the overall server performance.
5. MediaOn.com allows up to 20 checks per hour for a POP3 mailbox. Any use of POP3 service to check a mailbox more often than 20 times per hour is endangering the overall server performance.

First violations of this policy will result in an "Administrative Fee" and your account will be reviewed for possible immediate termination. A second violation immediate termination of your account. PLEASE, DO NOT SPAM from your Web Hosting account.

As our Customers are ultimately responsible for the actions of their clients over the MediaOn.com network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IP Address Ownership:
If MediaOn.com assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to MediaOn.com, and Customer shall have no right to use that Internet Protocol address except as permitted by MediaOn.com in its sole discretion in connection with the Services, during the term of this Agreement. MediaOn.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by MediaOn.com, and MediaOn.com reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by RIPE's new policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses.

Bandwidth, Disk Usage, DataBase, Server Memory and Domain service:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form and must be fairly distributed over the month. Sites that consume over our monthly limit on a regular basis period will be disabled and client must look into another Web hosting provider to accommodate those high bandwidth needs. Customers can only use domains which registered by MediaOn.com. MediaOn.com will monitor Customer's bandwidth and disk usage. Customer's account monthly traffic is limited in accordance with the Customer's hosting plan. If the monthly traffic limit is reached before the end of the month the Customer's account will be suspended until the beginning of the next month. Additional traffic can be ordered for the given month, so that account suspension is avoided. No traffic can be transferred from month to month. MediaOn.com shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in MediaOn.com's sole and absolute discretion. If MediaOn.com takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Customer's account disk space is limited in accordance with the Customer's hosting plan.

Our hosted website subscription plans do not have set limits on bandwidth and disk storage. Instead, we have a fair use policy. Through our fair use policy we mean to ensure that one client does not use all the available resources on a given system, thereby degrading the service for other clients who are sharing the same system.

Customer should use the MySQL and Post-Gre database server resources in a way that does not endanger the quality of the overall server performance. A database that generates more than 10% of the database queries longer than 1 second at any given time endangers the overall server performance. The Customer is responsible to manage his/her database(s) so that it is in compliance with this policy. The Customer account should NOT use more than 65MB of the server memory resources at any given time. Any account that is using more than 65 MB of the shared server memory is endangering the overall shared server performance. The limitations listed below apply to each Customer’s account and failure by the Customer to comply with them will endanger the overall server performance:

1. No more than 20 simultaneous processes will be executed by the Customer's account at any given time.
2. No Cron Jobs with execution period shorter than 30 minutes will be executed from the Customer's account.
3. No more than 10 simultaneous connections from a single IP to the Customer's account are allowed.

In rare cases MediaOn.com may be able to re-activate a Customer's account that has been suspended for violation of terms of account resource use. This is done only if the Company decides that there is enough evidence that the violation will not be repeated and after a payment of a 29,00 Euro re-activation fee.

System and Network Security:
Users are prohibited from violating or attempting to violate the security of the MediaOn.com Network. These violations include, without limitation:

1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation:
MediaOn.com is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation:
Any User, which MediaOn.com determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at MediaOn.com's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation:
Users that MediaOn.com determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation:
MediaOn.com reserves the right to suspend network access to any customer if in the judgment of the MediaOn.com network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which MediaOn.com chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. The customer will not be credited for the time the customer's machines were suspended.

MediaOn.com reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of MediaOn.com must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy. MediaOn.com has the right to refuse service to any client at any time.

Indemnification:
MediaOn.com wishes to emphasize that in agreeing to the MediaOn.com Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies MediaOn.com for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to MediaOn.com or the bringing of any claim against MediaOn.com by any third-party. This means that if MediaOn.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against MediaOn.com, plus all costs and attorney's fees.

30 Day Money Back Guarantee/Refunds:
The 30 day money back guarantee is not a trial. It's a guarantee of service that we had promised you. If you have become unsatisfied with our services with the first 30 days due to "service that we promised you but did not provide", will refund your hosting fee. If the issue is related to something that we did not promise you to provide then this 30 day money back guarantee will not apply.

Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by MediaOn.com of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

MediaOn.com takes no responsibility for any material input by others and not posted to the MediaOn.com Network by MediaOn.com. MediaOn.com is not responsible for the content of any other websites linked to the MediaOn.com Network; links are provided as Internet navigation tools only. MediaOn.com disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

MediaOn.com is not responsible for any damages your business may suffer. MediaOn.com does not make implied or written warranties for any of our services. MediaOn.com denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by MediaOn.com.

Please note that MediaOn.com offers a 99.9% Uptime Guarantee. That means your web site is guaranteed operational 99.9% of the time in any calendar month. Our service allows you to purchase domains and host anonymously. We do not allow illegal activities on our servers.

Phishing of any entity, including, but not limited to: eBay, PayPal, banks, government agencies, etc. This activity is strictly forbidden. Phishing occurs when a scam artist creates a fake site that looks like it belongs to a company or other entity that is real and tricking the visitor into entering their personal information. Anything created with an intent to deceive, or any other malicious intent, is strictly forbidden.

Attempting to hack/crack into someone elses account/server/network. This includes, but is not limited to, brute force or dictionary attacks via FTP, SSH, or any other means of login; using this server as a launchpad to hack into another server, etc. This kind of activity is strictly forbidden.

Intentionally Causing a Denial of Service: We understand that your server may become busy, but if a few ip addresses are opening hundreds of connections, or if you install a program that consumes 100% of your allocated cpu, disk, or other shared I/O resource for an extended period of time, we reserve the right to throttle you back. 99.9% of people never come anywhere close to the limits we have in place. In addition, if your account is the target of ingress network attacks that we reserve the right to suspend, null-route, and/or terminate your services with us without notice as we see fit to protect our infrastructure. If your account is the repeated target of network attacks you will be terminated as we will not permit a single account to cause repeated service disruption for our other clients on our network.

Piracy, Copyright/Trademark, Patent Infringement, storing/using illegal files. Includes software/serials/cracks/scripts. Do not use our service to infringe on someone elses copyright or intellectual property rights.

Pornography: Child Pornography is strictly forbidden.

Anti-Spam-Policy

Digital Gateway Networks A.S. has a STRONG anti-spam policy and applies it. Spammers are NOT welcomed. Every 24 hours we check all our IP allocations against the UCEProtect, Spamhaus, Sorbs, and Spamcop DNS RBLs. If your dedicated IP address appears in any of the aforementioned lists outgoing port 25 (the smtp port) may be blocked. You must then cease the activity that caused the listing and contact us to request unblocking of the port or the block will remain in place. This includes spamming through open proxy servers or any other kind of unsolicited email advertising.

If a customer is found to be in violation of our SPAM policy, Digital Gateway Networks A.S. may, at its sole discretion, restrict, suspend or terminate customer's account.

Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited even if the lists are said to be opt-in. Customer will not use another site's mail server to relay mail without the express permission of the site. It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside Digital Gateway Networks A.S. network.

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