The
service that is subject to the following
agreement is provided by TopDome Web Hosting in
association with LiquidNet Ltd., registered in
the United Kingdom, Registration No. 4654498.
TopDome Web Hosting and LiquidNet Ltd. will be
referred to as TopDome Web Hosting for the sake
of brevity in this document.
You
should be aware that by signing up for an
account with TopDome Web Hosting, you agree to
position data on our servers, thus making it
accessible to the wide public. In this sense,
you accept that it is beyond the power of
TopDome Web Hosting to restrict such access and
guarantee the security of your files. You are
completely in charge of protecting your data on
TopDome Web Hosting servers, which suggests that
you would better consider carefully any piece of
information before uploading it to your newly
allocated TopDome Web Hosting server space. It
is recommendable to avoid publishing personal
data that could be abused online.
The
order form completion represents the electronic
signing of this document.
You
should abide by the
Domain Name Registration Agreement,
which is an indivisible part of this document.
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ENTIRE AGREEMENT; SERVICE AGREEMENT
TopDome Web Hosting shall provide its
Services to You (the Customer) under the
Terms and conditions of this Customer
Agreement. The Agreement is intended to keep
the integrity of both TopDome Web Hosting
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. Along with the Order Form and any
other documents or agreements explicitly
specified in this Agreement, the Customer
Agreement constitutes the whole act of
convention between TopDome Web Hosting and
the Customer, thus being the most
significant document of the
newly-established relationship. In case that
a court of competent jurisdiction considers
that any of the Agreement's provisions is
invalid, unenforceable, or void, the
remaining ones will completely reserve their
validity. Customer's side of the Agreement
could be presented by the following parties:
an individual with personal demands, being
over 18 years of age; a legal entity such as
a corporation, a limited liability company
etc. that is consistent with state's law
system. If a person represents the Customer
for some reason, he/she should be legally
authorized to act in his/her name, thus
accepting, executing and delivering the
Agreement. You understand and agree that the
Service is provided "AS-IS" and that TopDome
Web Hosting assumes no responsibility for
the timeliness, deletion, and failure to
deliver or store any Customer communication
or personalization settings.
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TopDome Web Hosting HOSTING SERVICES
A web hosting service is a type of Internet
service that offers individuals and
organizations the opportunity to host their
own websites, and to store information,
images, video, or 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 also offer
periodic backup and archiving. TopDome Web
Hosting offers only web hosting services,
not data storage services. A web hosting
service consists of the following:
-
Bandwidth - Each
hosting plan includes prepaid monthly
bandwidth in Megabytes. This bandwidth
quota is shared between all the sites in
a single hosting account. In case a
hosting account exceeds its allowed
bandwidth, it will be suspended until
beginning of the next month when the
quota will refresh automatically.
Additional bandwidth is available.
Contact sales for more information.
-
Domains Hosted -
TopDome Web Hosting hosting plans
include domain hosting. Each hosting
plan has a limit of the domains hosted.
-
Domain Registration -
available at discounted price only with
purchasing web hosting account(s). Each
web hosting account can use a maximum of
one discounted domain name. Domain
registrations are final and cannot be
refunded.
More detailed information regarding
domain names can be found in the
Domain Name Dispute Resolution Policy.
-
Disk Space - Additional
disk space is available. Payment is
accepted only in advance per year.
Contact sales for more information.
-
IP Address - For many
customers an IP address is important for
starting SSL hosts and that's why we
allow purchasing more IP addresses. In
case your hosting account does not
include an IP address, please contact
sales for more information on how to
obtain it. Payment is accepted only in
advance per year.
-
MySQL Database(s) - In
case your hosting account does not
include a MySQL database, please contact
sales for more information on how to
obtain it. Additional MySQL databases
are available.
-
MySQL Database Storage
- Each hosting account has a limit for
MySQL database storage. This storage is
shared between all the MySQL databases
in a single hosting account. Additional
MySQL database storage is available.
Contact sales for pricing.
-
SSH (Secured Shell) -
In case your hosting account does not
include a SSH, please contact sales for
more information on how to obtain it.
Payment is accepted only in advance per
year.
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BACKGROUND OPERATIONS/PROGRAMS ON
SERVERS
These programs, named cron jobs, can be
continuously run by TopDome Web Hosting in
the background. Their provision suggests
additional fee in accordance with system
resources used and operational maintenance
involved, if needed. Generally, TopDome Web
Hosting avoids placing complementary charges
upon customers, providing the CronTab
service that is integrated in the hosting
Control Panel. Optional TopDome Web Hosting
Services: These services, including but not
limited to: Site Studio, Mailing Lists and
other services offered are provided WITHOUT
WARRANTY and WITH NO GUARANTEE OF RESULTS.
TopDome Web Hosting ADDITIONAL SERVICES OR
FEATURES AND VALUE-ADDED SERVICES OR
FEATURES ARE OFFERED ON "AS IS" AND "AS
AVAILABLE" BASIS. TopDome Web Hosting
REJECTS ANY IMPLIED WARRANTIES. ANY OF
TopDome Web Hosting' EMPLOYEES, MANAGEMENT
OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR
THUS LIABLE FOR ANY POSSIBLE DAMAGES
PROVOKING USE OR MISUSE OF ANY INFORMATION,
CONTENT OR SERVICES PROVIDED BY TopDome Web
Hosting, INCLUDING DIRECT OR INDIRECT,
PUNITIVE, AND INCIDENTAL DAMAGES RESULTING
FROM ANY FAILURE TO PROVIDE SERVICES,
SUSPENSION OR TERMINATION OF SERVICES.
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SERVICE GUARANTEES
TopDome Web Hosting will guarantee 99.9%
TopDome Web Hosting network uptime and 99.9%
network stability uptime.
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, TopDome Web Hosting is not
responsible for the downtime).
-
Failures due to software that is not
explicitly supported by TopDome Web
Hosting. Consequently, if a hardware
crash provoked by the customer happens,
TopDome Web Hosting is beyond the
control and responsibility for the
resulting downtime.
A
data backup is available on a daily basis.
All the contents of a client's /www/ folder
will be added to the backup, as well as all
the databases that belong to the customer.
The maximum space provided to a client for
his backup is 5 GB of disk storage.
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SERVER USAGE & HOSTED CONTENT
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Server content MUST comply with the
parameters stated in this TOS. Web
content requirements exclude the
publication of illegal content or
content considered inappropriate
otherwise. Customers should get in touch
with a TopDome Web Hosting Service
representative regarding any inquiries
over the matter.
-
If any of TopDome Web Hosting Services
are used for the illegal purpose of SPAM
or UCE, then they will be
instantaneously terminated.
Unauthorized Access. TopDome Web Hosting
expressly bans the use of any TopDome
Web Hosting hardware or software hosted
on a TopDome Web Hosting server for
trying to illegally access another
hosted machine or network.
-
Using TopDome Web Hosting's temporary
URL is not defined as bandwidth
stealing. However, customers are advised
to use it temporarily and TopDome Web
Hosting does not bear the
responsibility, if we change it
afterwards - traffic processing there is
not recommendable. It is not
recommendable to use TopDome Web
Hosting' temporary URL -
scXX.info/scXX.biz - as a basic URL.
Users are advised to redirect their
traffic to their own domains.
Each customer 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. TopDome Web Hosting
reserves the right to introduce certain
changes to the packages (in the shape of
complementary services) to the benefit
of customers.
-
MONEY BACK GUARANTEE
TopDome Web Hosting offers a 30-day money
back guarantee. If you are not satisfied
with our hosting service, you can email and
receive a full refund for your hosting plan
within 30 days after you purchased the
account. However, all domain registrations
are final, do not include any money back
guarantee and will be subject to a $9.95 USD
per year per domain registration fee. You
will be required to make a deposit of $9.95
USD for the domain fee before receiving the
refund for the hosting account.
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PAYMENT, CHARGEBACKS AND RETURNED
CHECKS
-
TopDome Web Hosting contracts with JCB /
VISA / MASTER CARD International and
Discover Financial Services for
chargeback procedures, thus avoiding its
merchant accounts involvement. When
signing up for a web hosting service
with TopDome Web Hosting, customers
agree to AUP (this document) and the
specified Terms & Conditions in this
document. Thus, TopDome Web Hosting will
utilize this document as an evidence for
the customer's agreement in cases of a
chargeback inquiry on behalf of the
customer based on points that the client
tries to refute after he accepted them
at the time of the order.
If, however, customer presents a valid
motive for the refund required, having
observed the afore-specified
requirements, then TopDome Web Hosting
will process the money back procedures
without hesitation. Any refund actions
will immediately lead to web hosting
account suspension and the customer's
credit card will be charged back with
the respective sum under the same
payment order / authorization number.
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TopDome Web Hosting will charge
customers with fees based on the fee
structure at the time of the sign-up
process. TopDome Web Hosting reserves
the right to introduce changes to the
packages when needed regarding price and
set of features. This means that the
current price list at TopDome Web
Hosting.com may differ from the pricing
and features of the customer's account.
-
When signing up for an account with
TopDome Web Hosting, the customer agrees
to pay for the period of one year (365
days). TopDome Web Hosting grants
customers with 48 hours over the
official payment period. In case that
the payment has not been received, the
account will be suspended.
Chargebacks are not considered as a way
of refunding. Any customer who provides
a credit card chargeback in response to
a bill or order placed at TopDome Web
Hosting will be subject to collections
and legal action. He/she will be charged
$29.00 USD, because when signing up with
TopDome Web Hosting, customers accept
these terms and conditions, thus
agreeing to observe them strictly.
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WARRANTIES AND REPRESENTATIONS
TopDome Web Hosting provides hosting
services on an "as is" and "as available"
basis without warranties or representations
for its offering. The company bears no
responsibility for connection problems, in
cases when customers' hosting with TopDome
Web Hosting confronts with service
interruption issues.
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FREE DOMAIN NAME PROMOTION
TopDome Web Hosting has a promotion and
gives FREE domain names only to new
customers of web hosting accounts. However,
when the money back guarantee option is used
the domain names must be paid - $9.95 USD
per year per domain name. Domain name owners
will receive an account username and
password to manage their domain names and
they will be able to transfer the domain
name(s) at will.
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NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the TopDome
Web Hosting Services, you will not use the
TopDome Web Hosting Services for any purpose
that is unlawful or prohibited by these
terms, conditions, and notices. You may not
attempt to gain unauthorized access to any
TopDome Web Hosting Services, other
accounts, computer systems or networks
connected to any TopDome Web Hosting
Services, through hacking, password mining
or any other means. You may not obtain or
attempt to obtain any materials or
information through any means not
intentionally made available through the
TopDome Web Hosting Services. TopDome Web
Hosting reserves the right at all times to
disclose any information as TopDome Web
Hosting 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 TopDome Web Hosting. TopDome
Web Hosting is within the capacity to refuse
service to unlawful parties. TopDome Web
Hosting servers can be used explicitly for
legal purposes only and each attempt for
taking indecent advantage of the servers
inconsistent with the rules will be
immediately rejected. In this light, TopDome
Web Hosting expressly forbids any breach of
Federal, State or Local regulation,
including, but is not limited to the
transmission of: copyrighted material,
material legally judged to be threatening or
obscene and material protected by trade
secrets. TopDome Web Hosting management will
thoroughly scrutinize any of the received
orders and decide to their own discretion
which of them do not comply with the
officially stated requirements for use of
the company's servers. TopDome Web Hosting
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 including, but not limited to
- pornography, adult materials, satanic
materials, and any other materials of an
adult nature.
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THIRD PARTY
Any dealings with third parties (including
advertisers) included within the TopDome Web
Hosting Services or participation in
promotions, including the delivery of and
the payment for goods and services, and any
other terms, conditions, warranties or
representations associated with such
dealings or promotions, are solely between
you and the advertiser or other third party.
TopDome Web Hosting shall not be responsible
or liable for any part of any such dealings
or promotions.
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TERMINATION
You agree that TopDome Web Hosting, in its
sole discretion, may terminate your
password, account (or any part thereof) or
use of the Service, and remove and discard
any Content within the Service if you
violate these terms.
-
SERVICE DENIAL
TopDome Web Hosting reserves the right to
reject its service and terminate this
agreement for a certain period of time or
indefinitely upon customers' failure to pay.
The customer then is considered a debtor to
TopDome Web Hosting and liable for
reasonable interest and collection fees.
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YOUR RESPONSIBILITIES
You are solely responsible for the content
of your messages. Using the TopDome Web
Hosting Service in connection with surveys,
contests, pyramid schemes, chain letters,
junk e-mail, spamming or any duplicative or
unsolicited messages (commercial or
otherwise) is prohibited. In consideration
of your use of the Service, you agree to:
-
Provide true, accurate, current and
complete information about yourself as
prompted by the registration form of the
Service.
-
Maintain and promptly inform us to
update Registration Data to keep it
true, accurate, current and complete. If
you provide any information that is
untrue, inaccurate, not current or
incomplete, or TopDome Web Hosting has
reasonable grounds to suspect that such
information is untrue, inaccurate, not
current or incomplete, TopDome Web
Hosting has the right to suspend or
terminate your account and refuse any
and all current or future use of the
Service (or any portion thereof).
-
When signing up for un account with
TopDome Web Hosting, each customer
agrees to submit correct and up-to-date
contact details, meaning that when
introducing any changes to this
information, he/she is obliged to notify
TopDome Web Hosting in the course of a
10-business-day period after the changes
become valid. The introduction of
changes should be done online through
customer's Control Panel, not via
e-mail. This requirement is also in
force for TopDome Web Hosting -
customers will always be aware of any
contact information changes that the
company places within its website. This
way, a flawless communication process
between both sides is guaranteed.
-
You will receive a password and account
designation upon completing the
registration process of the Service. You
are responsible for maintaining the
confidentiality of your password and
account, and you are fully responsible
for all activities that occur under your
password or account. You agree to:
-
immediately notify TopDome Web
Hosting about any unauthorized use
of your password or account or any
other breach of security.
-
ensure that you exit from your
account at the end of each session.
TopDome Web Hosting cannot and will not
be liable for any loss or damage arising
from your failure to comply with this.
-
Any Customer in violation of 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 a systems security or
authentication measures, data or
traffic. Interference with service to
any user, host or network including,
without limitation, e-mail bombing,
flooding deliberate attempts to overload
a 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.
-
Harm to TopDome Web Hosting Servers -
any attempts for doing harm to a server
or customer of TopDome Web Hosting
Services are explicitly banned
-
Acceptable Use of Services /
Acceptable Access to Services -
TopDome Web Hosting will immediately
and resolutely react to any attempt
of use of an Internet account or
computer by a TopDome Web Hosting
customer unauthorized by the account
or computer owner. Such attempts
include "Internet scamming"
(tricking other people into
releasing their passwords and etc.),
password robbery, security hole
scanning etc. It DOES NOT matter
whether the attacked account or
computer belongs or not to TopDome
Web Hosting Services, the fraud will
be subject to actions based on the
very nature of the attack which
could be a warning, an account
suspension or cancellation and civil
or criminal legal action.
-
CPU usage (or usage of the Central
Processing Unit(s)) on the web server
Customer's account is hosted on is
subject to some regulations. That means
that each hosting account can take
advantage of up to 10% of the CPU power
for no longer than 180 seconds at any
given time or 4,5% in the course of 24
hours. TopDome Web Hosting strongly
requires that customers be very
judicious when using the CPU power for
their accounts. Otherwise, we may
suspend customer accounts in cases of
registered impact on other accounts on
the server or disturbance caused to the
functioning of the server. If we do
suspend an account, then its owner will
be notified of that in consistence with
the situation that this suspension may
provoke. Then the account's owner may be
required to upgrade to a dedicated or
semi-dedicated web hosting solution.
Possible alternative is a required
reduction in the load and traffic that
the customer's account gets. TopDome Web
Hosting reserves the right to block
files or scripts that use CPU
exceedingly and notify clients.
-
Customer agrees not to publish on or
over its account any information,
software or other content, which
violates or infringes upon the rights of
any others or which knowingly
contravenes the laws of any jurisdiction
in which such content is generally
accessible.
-
Users are NOT allowed to send more than
1500 emails per day per hosting account.
-
Each account is entitled to host up to
50 000 files.
-
TopDome Web Hosting offers generous
amounts of disk space and network
bandwidth. The 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,
the 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
extensions) 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,
which link to them. Furthermore, these
files may amount to no more than 50% of
the customer's total monthly traffic
usage. If requested, the Customer should
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.
-
MySQL usage: each database hosted on our
system can be used only by the user who
has created it. Another user, whose
account is hosted on the same or on
another server, cannot use the database
created in your 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.
-
The access and error logs for all
client's hosts in an account should not
exceed 500 MB in total.
-
TopDome Web Hosting does NOT allow sites
that provide any content, points of
distribution, or 'links' to sites that:
-
infringe on any third party's
intellectual property or proprietary
rights, or rights of publicity or
privacy
-
violate any law, statute, ordinance
or regulation
-
are defamatory, trade libelous,
threatening, unlawfully harassing,
abusive, pornographic or obscene
-
contain viruses, Trojan horses,
worms, time bombs, cancelbots,
corrupted files, or any other
similar software or programs that
may damage the operation of
another's computer or property of
another
-
contain Pirated or Hacking /
Phreaking Software (Warez) - Any
software that is copyrighted and not
freely available for distribution
without cost. ROMs, ROM Emulators
and Mpeg Layer 3 files (MP3) all
fall under this jurisdiction
-
have Adult Sites (content) - Any
erotic or pornographic material,
links to adult sites, or
advertisements of adult sites.
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SERVICE EXPIRATION AND RENEWAL
The hosting service is active for one year
(365 days). After that period of time, the
account will be automatically suspended
until the Customer renews it by paying the
anual subscription. In case the Customer
does not renew his hosting account, it will
remain BLOCKED. The account's data will be
kept for two months, after that it will be
permamently deleted.
The redemption period is a registry level
period of up to 30 days that occurs when a
domain name is deleted after it expires
without being renewed. Instead of just being
deleted and returned to the pool of domain
names available for registration, the
registry holds the name in a REDEMPTION
PERIOD. During this 30-day period, the
original domain registrant may retrieve the
domain name from deletion for an additional
fee by contacting the registrar.
This extra 30-day period extends the time
available to renew expired domain names.
However, all names that enter the redemption
period are removed from the zone files (the
list of domains currently in the global
DNS); therefore, any web site or e-mail
services associated with the domain name
will stop working.
After the 30-day redemption period there is
a 5-day pending delete phase. When a domain
is in this phase no one can retrieve the
domain and it cannot be registered. After
the 5-day pending delete phase the registry
will release the domain name back into the
public pool of available domain names.
We strongly recommend that you renew your
domain registration before the domain name
is placed in redemption. If your domain name
is placed into redemption, we cannot prevent
the zone files being removed from the DNS
and your web site and any associated
services will cease to work.
We can assist in retrieveing your domain
only if your domain was registered with us.
If your domain was registered with another
registrar, you must contact that registrar
for information regarding retrieving your
domain name. You will be charged with a
REDEMPTION FEE of $190.00 USD for the domain
registration renewal.
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CUSTOMER WEBSITE; E-COMMERCE;
CUSTOMER WARRANTIES/GUARANTIES
-
When buying an allocated space on
TopDome Web Hosting servers, customers
agree to be fully responsible for the
development, operation and maintenance
of their web site, online store and
e-commerce activities within that space.
Each customer is in charge of all the
products and services as well as of all
contents and materials appearing online,
including:
-
the accuracy and relevance of
Customer Content and content and
material showcased in its store or
on its products
-
certainty that the Customer Content
and content and materials appearing
in its 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 his/her store or on
his/her products are not calumnious
or somehow illegal. Customer is the
only one in charge of approving,
processing and filling customer
orders and of taking care of
customer requests or complaints.
Customer is the one in charge of the
payment or satisfaction of any and
all taxes related to his/her web
site and online store.
-
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 guarantees to TopDome Web
Hosting that he/she owns or possesses
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 TopDome Web Hosting
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 laws or manifest
false advertising, unfair
competition, vilification, privacy
intrusion; violate a right of
publicity or violate any other law
or regulation. Each Customer
empowers TopDome Web Hosting to
reproduce, copy, use and propagate
all and any part of the Customer
Content for ensuring and operating
the Services. TopDome Web Hosting is
granted the right to assess the
extent these operations need to be
done.
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TORTUROUS CONDUCT
Any case of indecent treatment towards a
TopDome Web Hosting employee will be
considered inappropriate. Each Customer is
anticipated to conduct a professionally
mannered communication with TopDome Web
Hosting employees regarding any requests for
help through e-mail or by means of the
Ticket Desk Support System. Each Customer
should avoid applying any forms of written
emotional outburst or cursing. Any attempts
of deliberately undermining behavior will be
interpreted as a breach of this TOS. Other
acts of treatment towards TopDome Web
Hosting employees that will be considered as
unacceptable include any verbal, oral,
written or delivered by a second party
threats addressing TopDome Web Hosting or
any of its employees, partners, equipment,
and concerns. Any forms of such threats will
be interpreted as a breach of this TOS.
TopDome Web Hosting keeps the right to
assess which behaviour will be treated as a
breach of this TOS and to give no refunds to
the users whose accounts have been suspended
for violating the aforementioned rules.
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SPAMMING IS PROHIBITED
We will determine in our sole discretion
whether any of the messages you send are
spam. For your information, spamming
generally includes, but is not limited to:
-
the sending of unsolicited messages in
bulk, or the sending of unsolicited
e-mails, which provoke complaints from
recipients
-
the sending of junk mail
-
the use of distribution lists that
include people who have not given
specific permission to be included 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
-
e-mail harassment of another Internet
Customer or Customers, including but not
limited to, transmitting any
threatening, libelous or obscene
material, or material of any nature
which could be deemed to be offensive
-
the e-mailing of age-inappropriate
communications or content to anyone
under the age of 18
-
"Spamming" is considered as explicit
misuse of ethical principles and will be
interpreted as a violation of them
-
The maximum number of allowed e-mail
messages sent per day is 1500. There are
no exceptions to this rule. Every
customer who is sending more than 1500
e-mail messages per day needs a
dedicated server and cannot use a shared
hosting account.
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NEWS RELEASES
Forward Looking Statements: these refer to
any predications within this website that
are not based on objective facts and express
expectations with regard to forthcoming
events. Such statements cannot be treated as
reality-based because it is possible that
they happen to deviate from actual
circumstances. 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". However,
their availability is not a compulsory
requirement for a forward-looking statement
to be treated as such.
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FORCE MAJEURE CIRCUMSTANCES
TopDome Web Hosting will be in an
off-liability position as regards the
failure or delay in doing its professional
duties in consequence of circumstances
beyond its control. Such circumstances could
be provoked by acts of any governmental
body, war, rebellion, sabotage, embargo,
fire, flood, strike or other labor
disturbance, 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. This agreement constitutes the
whole act of convention between the parties
with regard to the agreement signed between
them. It is not subject to any amendments,
modifications, or any other alterations with
the exception of changes introduced through
a written instrument that is signed by the
party to be charged.
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This Agreement shall be interpreted in
consistence with the laws of the State
of Florida, US.
-
This Agreement shall be in force and
effect entirely to the benefit of the
parties hereto and their respective
heirs, executors, administrators,
successors and assigns. - The captions
and headings contained in this TOS are
aimed at facilitating the text
comprehension. They are not a part of
the very Agreement, and shall not limit
or construe the provision they refer to.
- This Agreement may be executed in
counterparts, which will be considered
as original.
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COPYRIGHTS
Copyrighted material must not be placed on
Customers' accounts without the permission
of the copyright owners or people that are
specifically authorized by the copyright
owners. Only copyright owners or people
specifically authorized by them may upload
copyrighted material to the account. Upon
our receipt of a notice of a claimed
copyright infringement containing the above
information, after confirmation we will
promptly remove the allegedly infringing
material from the Services and carry out
further procedures if necessary. We will
assume no liability to any Customer of the
Services for the removal of any such
material.
Please report any violations of the Terms of
Service and the
Domain Name Dispute Resolution Policy
to abuse [at] topdome.com .
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ASSIGNMENT
Customer shall not have the right to assign
this Agreement without the written
permission of TopDome Web Hosting. This
Agreement shall be in force and effect to
the total benefit of Customer and TopDome
Web Hosting and their successors and
permitted assigns.
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