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By using our services in any matter whatsoever,
you agree to the following terms and conditions:
SPAM and Unsolicited Commercial Email (UCE): We takes a zero tolerance approach
to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network.
Very simply this means that customers of plexhosting may not use or permit others
to use our network to transact in UCE. Customers of plexhosting 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.
Violation of plexhosting's SPAM policy will result in severe penalties. Upon notification
of an alleged violation of our SPAM policy, plexhosting will initiate an immediate
investigation (within 48 hours of notification). During the investigation, plexhostingmay restrict customer access to the network to prevent further violations. If a customer
is found to be in violation of our SPAM policy, plexhosting may, at its sole discretion,
restrict, suspend or terminate customer's account. Further, plexhosting reserves the right
to pursue civil remedies for any costs associated with the investigation of a substantiated
policy violation. plexhosting will notify law enforcement officials if the violation is
believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250 and your account
will be reviewed for possible immediate termination. A second violation will result in
an "Administrative Fee" of $500 and immediate termination of your account. Users who violate
this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees"
not to exceed $175 per hour that plexhosting personnel must spend to investigate the matter.
PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the plexhostingnetwork, it is advisable that Customers develop a similar, or stricter, policy for their clients.
plexhosting will never sell or give away your email address or other
information from this database. Your email address is considered contact
information for any host names you register. plexhosting will only provide
this information on request to proper authorities.
It is your responsibility to keep your email address current, failure to do so
may result in a termination of your account.
Net Abuse Policy
plexhosting also reserves the right to remove any host name at any time
without any warning in response to abuse of the network. plexhostingdefines abuse as anything that is illegal and/or degrades the network such as to
affect other users of plexhosting or the network in general.
plexhosting feels that spam in any form, including but not limited to,
unsolicited commercial email, irc messages and newsgroup postings is a serious
abuse of the network and will not tolerate plexhosting's name being used in
such a way. If you chose to abuse the network or defame plexhosting in any
way, your host name will be immediately deleted and appropriate legal action
will follow from plexhosting, your ISP and the related parties.
Legal
plexhosting may only be used for lawful purposes. Any use of these services
which violates any local, state, provincial, federal, or international laws
which may apply to plexhosting, your local jurisdiction, or any
jurisdiction that you or your site may be subject to is strictly prohibited.
You agree to indemnify, defend, and hold harmless plexhosting from any and
all liability, penalties, losses, damages, costs, expenses, attorneys' fees,
causes of action or claims caused by or resulting directly and/or indirectly
from your use of the service which damages either you, plexhosting, or any
other party or parties without limitation or exception. This indemnification and
hold harmless agreement extends to all issues associated with your account with
plexhosting.
plexhosting reserves the right to refuse or discontinue service to anyone
at our sole discretion. We may deny you access to all or part of the service
without notice if you engage in any conduct or activities that plexhostingin its sole discretion believes violates any of the terms and conditions
contained herein. plexhosting shall have no responsibility to notify any
third-party providers of services, merchandise, or information, nor any
responsibility for any consequences resulting from such discontinuance or lack
of notification.
plexhosting makes no warranties or representations of any kind for the
services being offered. The service is provided on an "as is" and
"as available" basis without warranties of any kind, either express or
implied, including but not limited to warranties of title, non infringement, or
implied warranties of merchantability or fitness for a particular purpose. No
advice or information given by plexhosting or its agents or employees shall
create a warranty.
plexhosting provides no warranty that the service will be uninterrupted or
error-free. We assume no liability, expressed or implied, for any downtime for
any reason.
If you are dissatisfied with plexhosting or any of its terms, conditions,
rules, policies, guidelines, or practices, your sole and exclusive remedy is to
discontinue using the service.
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.
You agree that you as the person legally responsible for the use of the URL to
which your host name points and are at least 18 years of age or have your
parent's or legal guardian's permission before using our service.
You agree to adhere to these system policies as published online along with any
documents specifically linked with that document and mentioned as part of system
policy, including restrictions on services available with each account type,
restrictions on certain features, and all other policies designed to protect and
enhance the quality and reliability of service at plexhosting. You agree to
abide by any and all future plexhosting decisions.
This agreement supersedes any written, electronic, or oral communication you may
have had with plexhosting or any agent or representative thereof, and
constitutes the complete and total agreement between the parties.
We cannot and do
not check to see whether a domain name you select, or whatever use you make of a
domain name, infringes the legal rights of others. We urge you to investigate
whether a domain name you select may infringe legal rights of others, and we
urge you seek the advice of competent counsel for this purpose. You should
consider seeking one or more trademark registrations in connection with your
domain name. Also, it is possible that we might at some time be ordered by a
court to cancel, modify, or transfer your domain name. If we are sued or
threatened with lawsuit in connection with the registration of your domain name,
we may, at our discretion, turn to you to hold us harmless and indemnify us.
If any provision of this agreement is determined to be invalid or unenforceable,
all other provisions shall remain in full force and effect and said provision
shall be reformed only to the extent necessary to make it enforceable.
By completing
and submitting a domain name registration, renewal, reservation, renewal, or
transfer applications ("Applications"), you represent that the
statements you make in any such applications are true, and that the
registration, reservation, renewal, or transfer of the selected domain names, so
far as you are aware, does not interfere with or infringe upon the rights of any
third party. You also represent that the Domain Name is not being registered,
reserved, renewed, or transferred for any unlawful purpose.
In order to change any of your account
information with us, you must use your Account Identifier and Password that you
selected when you opened your account with us. Please safeguard your Account
Identifier and Password from any unauthorized use. In no event will we be liable
for the unauthorized use or misuse of your Account Identifier or Password.
Required
Information: (a) You must provide certain information in order to register
or renew a domain name with plexhosting, and you must keep this information
up-to-date, complete and accurate if you are to maintain your registration of
that domain name. This Required Information is specified in the plexhosting new
account form,
(b) You acknowledge that
ICANN may impose and alter guidelines, limits, and requirements relating to: the
amount and type of information you must provide during the registration process;
what information plexhosting may or must make available to the public or to
private entities; and the manner in which plexhosting may or must make such
information available. You agree to
abide by such guidelines, limits, and requirements, as they exist now and as
they may change from time to time.
Personal
Information: Credit card
information and a registrant's password, as those items may be provided during
the registration and renewal processes, shall be treated by plexhosting as
Personal Information. plexhosting shall not disclose Personal Information,
except as may be required by applicable law, by ICANN policies or procedures (as
they may change from time to time), and, with regard to credit card information,
as necessary in order to complete the transactions called for under this
Agreement.
Accurate and Updated
Information: Should there be any changes in your Required or Personal
Information as that information is specified in paragraphs above, you must
promptly notify plexhosting of those changes.
Providing inaccurate or incomplete information, or failing to update
information promptly, or failing to respond within fifteen (15) calendar days to
inquiries by plexhosting concerning the accuracy of Required Information will
constitute a material breach of this Agreement, and plexhosting may, in its
discretion, cancel or revoke the registration of your domain name for such
breach.
Third
Party Use: Some domain name
registrants intend to license the use of their domain name to a third party.
Should you license to, or otherwise allow the use of a domain name by a
third party, whether for profit or otherwise, you will nonetheless remain the
registrant of record, and remain responsible
for complying with the provisions of paragraphs above, and below,
regarding your own Required and Personal Information.
Further, you shall remain responsible for any and all harm caused by
wrongful or unlawful use of the domain name, subject to applicable laws and to
the following exception: (i) you promptly disclose the identity of the third
party user to any other party which provides you with reasonable evidence of
actionable harm caused through use of the domain name; and (ii) you were not
involved with, nor sanctioned, encouraged, or tolerated such wrongful or
unlawful use of the domain name.
Use and Access of
Required Information: (a) Anyone may access a registrant's Required
information to the extent that information may appear on the Whois form
available for that purpose on the plexhosting website. The purposes for the
collection of Required Information by plexhosting are: (i) to accurately,
efficiently, and effectively process the registration application of the
registrant and administer on a continuing and global basis the registration of
domain names by itself and in coordination with ICANN and other ICANN accredited
registrars; (ii) to identify to users of the Internet the registrants of
specific domain names; (iii) to enable plexhosting to identify, for its own
business purposes, geographic, commercial, and marketing trends in the use and
registration of domain names; and (iv) to abide by the requirements of the ICANN
as that body may from time to time require the disclosure and processing of
Registrant Information. In addition, plexhosting may disclose any Required
Information, above, to third parties or to the public at large, for any
purpose and at its discretion. plexhosting does not promise or represent that
any such information, once provided as part of the registration process, will be
maintained in secrecy, or otherwise withheld from the public for any purpose.
Access and Modification
of Required and Personal Information: You may request a copy of your
Required or Personal Information as maintained in the registrar's records, and
may modify or update such information. To
request, modify, or update information, send an email request to admin@plexhosting.com
Telephone calls or written correspondence for this purpose will not be
accepted. The email request
must include your account name, address, email address, telephone number, and
password as currently on file. All
Registrant Information requested or updated in this manner will be sent or
confirmed by email.
Limitation and Consent:
(a) plexhosting agrees that it shall not process the Required and Personal
Information provided by you in a way which is incompatible with the purpose and
other limitations set forth.
(b) You consent to the use
and processing of the Required and Personal Information as described in this
Agreement.
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