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Terms
And Conditions
The service that is subject to the
following agreement is provided by Meneely.net Services
You should be aware that by signing
up for an account with Meneely.net Services, 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 Meneely.net Services to
restrict such access and guarantee the security of your
files. You are completely in charge of protecting your
data on Meneely.net Services servers, which suggests
that you would better consider carefully any piece of
information before uploading it to your newly allocated
Meneely.net Services 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.
-
ENTIRE AGREEMENT; SERVICE
AGREEMENT
Meneely.net Services 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 Meneely.net Services
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 Meneely.net Services 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 Meneely.net Services assumes no
responsibility for the timeliness, deletion, and
failure to deliver or store any Customer
communication or personalization settings.
- Meneely.net Services HOSTING SERVICES
-
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
- Meneely.net Services 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)
- is/are included in all hosting plans.
Additional MySQL databases are available.
Contact sales for more information.
-
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.
-
BACKGROUND
OPERATIONS/PROGRAMS ON SERVERS
These programs, named cron jobs, can be continuously
run by Meneely.net Services in the background. Their
provision suggests additional fee in accordance with
system resources used and operational maintenance
involved, if needed. Generally, Meneely.net Services
avoids placing complementary charges upon customers,
providing the CronTab service that is integrated in
the hosting Control Panel. Optional Meneely.net
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. Meneely.net Services
ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED
SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS
AVAILABLE" BASIS. Meneely.net Services REJECTS ANY
IMPLIED WARRANTIES. ANY OF Meneely.net Services'
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 Meneely.net Services,
INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND
INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO
PROVIDE SERVICES, SUSPENSION OR TERMINATION OF
SERVICES.
-
SERVICE GUARANTEES
Meneely.net Services will guarantee 98.9%
Meneely.net Services network uptime and 98.9%
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,
Meneely.net Services is not responsible for the
downtime).
-
Failures due to software that
is not explicitly supported by Meneely.net
Services. Consequently, if a hardware crash
provoked by the customer happens, Meneely.net
Services is beyond the control and
responsibility for the resulting downtime.
-
SERVER USAGE & HOSTED
CONTENT
- 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
Meneely.net Services Service representative
regarding any inquiries over the matter.
- If any of Meneely.net Services
are
used for the illegal purpose of SPAM or UCE,
then they will be instantaneously terminated.
Unauthorized Access.
Meneely.net Services expressly bans the use of
any Meneely.net Services hardware or software
hosted on a Meneely.net Services server for
trying to illegally access another hosted
machine or network.
- Using Meneely.net Service's temporary URL
is not defined as bandwidth stealing. However,
customers are advised to use it temporarily and
Meneely.net Services does not bear the
responsibility, if we change it afterwards -
traffic processing there is not recommendable.
It is not recommendable to use Meneely.net
Services' 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. Meneely.net
Services reserves the right to introduce certain
changes to the packages (in the shape of
complementary services) to the benefit of
customers.
-
MONEY BACK GUARANTEE
Meneely.net Services 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.
- PAYMENT, CHARGEBACK'S AND RETURNED CHECKS
-
Meneely.net Services
contracts with Pay Pal Services
for chargeback procedures, thus avoiding its
merchant accounts involvement. When signing up
for a web hosting service with Meneely.net
Services, customers agree to AUP (this document)
and the specified Terms & Conditions in this
document. Thus, Meneely.net Services 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 Meneely.net Services 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.
-
Meneely.net Services will
charge customers with fees based on the fee
structure at the time of the sign-up process.
Meneely.net Services 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 Meneely.net
Services may differ from the pricing and
features of the customer's account.
-
When signing up for an
account with Meneely.net Services, the customer
agrees to pay for the period of one year (365
days). Meneely.net Services grants customers
with 48 hours over the official payment period.
In case that the payment has not been received,
the account will be suspended.
Chargeback's 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
Meneely.net Services will be subject to
collections and legal action. He/she will be
charged $29.00 USD, because when signing up with
Meneely.net Services, customers accept these
terms and conditions, thus agreeing to observe
them strictly.
-
WARRANTIES AND
REPRESENTATIONS
Meneely.net Services 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 Meneely.net
Services confronts with service interruption issues.
-
FREE DOMAIN NAME
PROMOTION
( Not
Offered AT this Time )
Meneely.net Services 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.
-
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use of the Meneely.net
Services you will not use the Meneely.net
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 Meneely.net Services
other
accounts, computer systems or networks connected to
any Meneely.net 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 Meneely.net Services
Meneely.net Services reserves the right at all times
to disclose any information as Meneely.net Services
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 Meneely.net Services.
Meneely.net Services is within the capacity to
refuse service to unlawful parties. Meneely.net
Services 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,
Meneely.net Services 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.
Meneely.net Services 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. Meneely.net Services 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.
-
THIRD PARTY
Any dealings with third parties (including
advertisers) included within the Meneely.net
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. Meneely.net
Services shall not be responsible or liable for any
part of any such dealings or promotions.
-
TERMINATION
You agree that Meneely.net Services, 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
Meneely.net Services 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 Meneely.net Services and
liable for reasonable interest and collection fees.
-
YOUR RESPONSIBILITIES
You are solely responsible for the content of your
messages. Using the Meneely.net Services 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 Meneely.net Services
has reasonable grounds to suspect that such
information is untrue, inaccurate, not current
or incomplete, Meneely.net Services 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 Meneely.net Services, 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 Meneely.net Services 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 Meneely.net Services - 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
Meneely.net Services 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.
Meneely.net Services 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 Meneely.net Services
Servers - any attempts for doing harm to a
server or customer of Meneely.net Services
are explicitly banned
-
Acceptable Use of
Services / Acceptable Access to Services -
Meneely.net Services will immediately and
resolutely react to any attempt of use of an
Internet account or computer by a
Meneely.net Services 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 Meneely.net
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 3% in the course of 24 hours.
Meneely.net Services 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.
Meneely.net Services 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 emails
( Mail system not set up
at this time )
-
Each account is entitled to
host up to 50 000 files.
-
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.
-
Meneely.net Services 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.
-
CUSTOMER WEBSITE;
E-COMMERCE; CUSTOMER WARRANTIES/GUARANTIES
-
When buying an allocated
space on Meneely.net Services 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
Meneely.net Services 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 Meneely.net
Services 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 Meneely.net Services to
reproduce, copy, use and propagate all and
any part of the Customer Content for
ensuring and operating the Services.
Meneely.net Services is granted the right to
assess the extent these operations need to
be done.
-
TORTUROUS CONDUCT
Any case of indecent treatment towards a Meneely.net
Services employee will be considered inappropriate.
Each Customer is anticipated to conduct a
professionally mannered communication with
Meneely.net Services 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
Meneely.net Services employees that will be
considered as unacceptable include any verbal, oral,
written or delivered by a second party threats
addressing Meneely.net Services or any of its
employees, partners, equipment, and concerns. Any
forms of such threats will be interpreted as a
breach of this TOS. Meneely.net Services keeps the
right to assess which behavior 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.
-
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.
-
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.
-
FORCE MAGER
CIRCUMSTANCES
Meneely.net Services 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.
-
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.
-
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.
-
ASSIGNMENT
Customer shall not have the right to assign this
Agreement without the written permission of
Meneely.net Services. This Agreement shall be in
force and effect to the total benefit of Customer
and Meneely.net Services and their successors and
permitted assigns.
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