The dedicated Hosting Service that is subject to the following agreement is provided by Allnet4u.net, which is a 100 % owned private company, will be referred to as Allnet4u Hosting for the sake of brevity in this document.
When signing up for a Dedicated hosting account with Allnet4u Hosting, the Customer agrees to abide by the rules and provisions explicated in these Dedicated Terms of Service. The Customer of our Services should also be aware that when signing up for a Dedicated hosting account with Allnet4u Hosting, 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 Allnet4u Hosting 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 Dedicated server space. We highly recommend that Customers avoid publishing online personal data that could be abused.
I- SERVICE AGREEMENT - ENTIRE AGREEMENT
Allnet4u Hosting 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 Allnet4u 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.
This Service Agreement, and any other policies or agreements mentioned in this document, constitute the whole act of convention between Allnet4u Hosting and the Customer.
II- PAYMENT BASIS
a) 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 Dedicated service or/and VPS 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 a 2-day pre-notice of disconnection. All payment failures must be settled within these 2 days. Customers failing to secure payment within 2 days of the notice will incur service interruption. The data hosted on the Dedicated server or/and VPS will be kept for 15 days from the date of your payment due, after that it will be permanently deleted.
- Setup fees (if applicable) and monthly service fees are non-refundable. The Customer agrees to a no-refund policy in advance.
b) SERVICE GUARANTEES
Allnet4u Hosting 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, Allnet4u Hosting is not responsible for the downtime);
- Failure due to software that is not explicitly supported by Allnet4u Hosting. If a hardware crash provoked by the Customer consequently happens, Allnet4u Hosting is beyond the control and responsibility for the resulting downtime.
III- SERVICE ACTIVATION AND CONTINUANCE TIMESCALES
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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.
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CONTINUANCE TIMESCALES
Dedicated and/or VPS Accounts - The newly-created Dedicated hosting or/and VPS accounts with Allnet4u Hosting 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 or/and VPS server account.
IV- CANCELLATION, REFUND & MONEY-BACK POLICY; CHARGEBACKS
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CANCELLATIONS
In order to cancel a Semi-Dedicated account, the Customer must send a support ticket to Allnet4u Hosting's Sales Department via his/her Web Hosting Control Panel and provide any authentication credentials requested by Allnet4u Hosting. Other forms of cancellation requests will not be accepted.
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REFUNDS
Dedicated and/or vps server accounts - Dedicated or/and 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 cancelled.
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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 Allnet4u Hosting will be subject to full investigation.
When signing up for a Dedicated or/and VPS server account with Allnet4u Hosting the Customer agrees to the terms and conditions explicated in this document (and its coherent policies). Thus, Allnet4u Hosting and its authorized retailers (PayPal, WorldPay, 2CheckOut, AlertPay), 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 Allnet4u Hosting's Customer Care team will be to try to contact the user. Meanwhile, the Customer's Dedicated or/and 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 Allnet4u Hosting's own judgment and these Dedicated and VPS Terms of Service), then a dispute will be started with the authorized retailers in which these Terms of Service and the Terms of Service of Allnet4u Hosting 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 Allnet4u Hosting 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 or/and account will remain suspended.
V- 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 Allnet4u Hosting has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, Allnet4u Hosting 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). When introducing any changes to their contact details, Customers are obliged to notify Allnet4u Hosting in the course of 10 business days after the changes become valid. The introduction of changes should be done online through Allnet4u Trouble Ticket, 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 Allnet4u Hosting 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. Allnet4u Hosting 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 or/and 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, Allnet4u Hosting 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 (or others merchant) account holder.
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ACCOUNT USAGE
- CPU usage (or usage of the Central Processing Unit(s) of the web server the Customer's VPS account is hosted on) - The CPU usage is subject to some regulations. VPS packages can use up to 20% of the CPU power of the server for no longer than 180 seconds at any given time, and/or the given quota in the plan features description per 24 hours. Allnet4u Hosting strongly recommends that Customers be very judicious when using the CPU power for their accounts. 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 suspend also 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 2,500 emails per hour and up to 10,000 emails per day per VPS hosting account.
- File Quota - Each VPS hosting account is entitled to host up to 250,000 files and no contents not pertinent to their accounts.
- Disk Space & Traffic - Allnet4u Hosting 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. 100% 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 a total of 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, Allnet4u Hosting 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.
VI- NO UNLAWFUL OR PROHIBITED USE
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SERVER USAGE
Allnet4u Hosting expressly bans the use of any Dedicated or/and 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 Allnet4u Hosting's Services, other accounts, computer systems or networks connected to any of Allnet4u Hosting'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 Allnet4u Hosting's Services. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms. If you still have inquiries over the matter, feel free to contact any of our Customer Care representatives.
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HOSTED CONTENT
Dedicated and VPS 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. If any of Allnet4u Hosting'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 Allnet4u Hosting's Services in connection with pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited. In this light, Allnet4u Hosting 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. Allnet4u Hosting's Dedicated and/or VPS servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, Illegal Adult or pornographic material, or any other material which is considered impermissible by Allnet4u Hosting's Dedicated and VPS Terms of Service (this document). Allnet4u Hosting allow legal Adult contents if not stolen and if the owners have all copyrights (pictures, etc).
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CUSTOMER AGREEMENT
As a condition for Customer use of Allnet4u Hosting'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. Allnet4u Hosting's Dedicated servers and/or VPS 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. Allnet4u Hosting reserves the right at any time to disclose any information, as Allnet4u Hosting 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 Allnet4u Hosting.
VII- REFUSAL OF SERVICE
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SERVICE DENIAL
Allnet4u Hosting 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 Allnet4u Hosting's Dedicated or/and VPS servers. Allnet4u Hosting reserves the right to refuse Service to unlawful parties.
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SERVICE DISCONTINUANCE
Allnet4u Hosting 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 Allnet4u Hosting deems, at its sole discretion, has violated any condition of the Service explicated in these Terms and Conditions and/or the Acceptable Use Policy.
VIII- MISCELLANEOUS
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NEWS RELEASES
Certain sections of Allnet4u Hosting'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.
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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 Allnet4u Hosting. 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 Allnet4u Hosting should be sent via the Trouble ticket system on on Allnet4u.net Dedicated and VPS servers website.
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COMPLAINTS PROCEDURE
Allnet4u Hosting 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 use our Trouble Ticket system to fill your complains with 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:
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a) Allnet4u Hosting will confirm receipt of your complaint in writing. Allnet4u Hosting reserves the right to refuse to investigate a complaint that is obviously frivolous, abusive or offensive.
b) Allnet4u Hosting's Customer Care representative will review your situation, look for an appropriate solution.
c) If the Customer Care manager can't resolve your complaint, as well, it will be forwarded to the General Server Administrator, 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.
d) An alternative complaint method is submitting a fax to the following number: 450-729-0146 -
TORTUROUS CONDUCT
Any way of indecent treatment towards a Allnet4u Hosting'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 Allnet4u Hosting's employees regarding any request for help or consultation via e-mail, chat, phone or through our Trouble 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 Allnet4u Hosting's Customer Care stuff will be interpreted as a breach of this TOS. Allnet4u Hosting 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
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CUSTOMER CONTACT SERVICE DETAILS
Customers can get in touch with our Customer Care representatives via any of the options listed below.
Technical Support
Via the trouble ticketing systems - open a trouble ticket from http://allnet4u.net/support/.
Pre-sale and general questions
Customers may use any of the contact options listed below:
- E-mail us using our Contact Us form
- Send us an email to server@allnet4u.net
- Phone or Fax us at:
PHONE : +1- 450-729-0146
IX- GENERAL REGULATIONS
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GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, US.
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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.
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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.
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INDEMNIFICATION
The Customer agrees to indemnify Allnet4u Hosting, 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.
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LIMITATION ON ALLNET4U HOSTING'S LIABILITY
Force Majeure Circumstances - Allnet4u Hosting 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 Allnet4u Hosting, or (iv)other force or occurrence beyond its control.
Damages & Losses - Allnet4u Hosting 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 Allnet4u Hosting'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 - Allnet4u Hosting 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 Allnet4u Hosting shall have no liability therefore.
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ASSIGNMENT
Customers do not have the right to assign this Agreement without the explicit permission of Allnet4u Hosting. This Agreement shall be in force and effect to the total benefit of the Customer and Allnet4u Hosting and their successors and permitted assigns.
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REVISIONS
Allnet4u Hosting reserves the right to revise this document at any time, without prior notice. Customers are encouraged therefore to periodically review these Dedicated and VPS Terms of Service.
