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@ -161,8 +161,9 @@ owa_cmds.push(['trackClicks']);
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<li><a href="#domain_policy">Domains Policy</a></li>
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<li><a href="#refund_policy">Refund Policy</a></li>
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<li><a href="#prov_inv_policy">Provisioning and Invoicing Policy</a></li>
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<li><a href="#vps_policy">VPS Policy</a></li>
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<li><a href="#ssl_policy">SSL Policy</a></li>
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<li><a href="#vps_policy">VPS Service Agreement</a></li>
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<li><a href="#ssl_policy">Certificate Services Agreement</a></li>
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<li><a href="#dedicated_server_policy">Dedicated Servers Service Agreement</li>
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</ul>
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<a name="top"></a>
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@ -2597,12 +2598,16 @@ The registry will no longer display the name, address, phone, fax or email addr
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In the case of web hosting renewals (after one or more billing cycles), the account is not subject to the 30 days money-back guarantee, hence the rule for the first 30 days does not apply.<br />
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</li>
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<br />
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<li type="1"><b>Semi-Dedicated and VPS Hosting</b><br />
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<li type="1"><b>Semi-Dedicated Hosting</b><br />
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<br />
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The one-month subscriptions for the Semi-Dedicated and VPS Hosting services do not fall in the 30 days money back guarantee. Refunds for 1-month subscriptions for those services can be requested only 5 days
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The one-month subscriptions for the Semi-Dedicated Hosting services do not fall in the 30 days money back guarantee. Refunds for 1-month subscriptions for those services can be requested only 5 days
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after the initial order if the services have been granted. After the 5th day from granting the services, customers can request services cancellation, but a refund will not be issued.<br />
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Dedicated IP address purchases for VPS hosting are final, provided on an as-is basis, non-refundable and cannot be changed. To obtain a different IP address, the customer needs to make a purchase for a new IP address.
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</li>
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<li><b>Dedicated Servers and VPS Hosting</b><br>
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<br>
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Dedicated server and VPS hosting accounts - The Dedicated server 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 canceled.
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</li>
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<br />
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<li type="1"><b>Domain Names</b><br />
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<br />
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@ -3316,6 +3321,243 @@ For detailed information about the account/order verification process, our deliv
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For detailed information about refunds please refer to our Terms Of Services - Refund Policy.
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<br/> <div class="line"><a href="#top">go to top</a></div>
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</div>
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<a name="dedicated_server_policy"></a>
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<div>
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<span>Dedicated Servers Service Agreement</span><br>
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<br>
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<p>The terms and conditions described in this document apply to the Dedicated server hosting services (referred herein as the 'Service(s)') provided by the companies, IO Cloud Solutions, a US business headquatertered in Philadelphia, PA, LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK to You (referred to as CUSTOMER(S) in this document for the sake of brevity).</p>
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<p>When signing up for a Dedicated server hosting account with IO Cloud Solutions, the Customer agrees to abide by the rules and provisions explicated in these Dedicated Terms of Service, as well as all their coherent policies (Order Verification Policy, Acceptable Use Policy, etc.) mentioned herein.</p>
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<p>The Customer of our Services should also be aware that when signing up for a Dedicated server hosting account with IO Cloud Solutions, 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 IO Cloud Solutions 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 Dedicated 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.</p>
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<ol>
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<li>
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<h6>SERVICE AGREEMENT; ENTIRE AGREEMENT</h6>
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IO Cloud Solutions 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 IO Cloud Solutions 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.<br>
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<br>
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The Service Agreement, together with the Order Form, the Acceptable Use Policy (AUP), and any other policies or agreements mentioned in this document, constitute the whole act of convention between IO Cloud Solutions and the Customer.<br><br>
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</li>
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<li>
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<h6>RULES FOR ACTIVATION AND MONTHLY PAYMENT BASIS OF THE DEDICATED SERVER HOSTING SERVICE</h6>
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Upon submitting of the online order form, the Customer agrees to abide by our Order Verification Policy and the following provisions:
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<ol>
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<li>The payment of the Dedicated server hosting service is set up on a monthly basis. The Customer agrees to pay for the rendered Dedicated server hosting services in advance for each monthly service term.</li>
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<li>Non-Payment of the service shall result in a immediate service disconnection. Customers failing to secure payment by the time of the due date will incur service interruption. The data hosted on the Dedicated server will be kept for one month, after that it will be permanently deleted.</li>
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<li>Setup fees and monthly service fees are non-refundable. The Customer agrees to a no-refund policy in advance</li>
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</ol><br>
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</li>
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<li>
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<h6>SERVICE GUARANTEES; DATA BACKUP</h6>
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<ol>
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<li><h7>SERVICE GUARANTEES</h7><br>
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IO Cloud Solutions guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:
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<ol>
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<li>Server Hardware Breakdown;</li>
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<li>User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, IO Cloud Solutions is not responsible for the downtime);</li>
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<li>Failure due to software that is not explicitly supported by IO Cloud Solutions. If a hardware crash provoked by the Customer consequently happens, IO Cloud Solutions is beyond the control and responsibility for the resulting downtime.</li>
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</ol>
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</li>
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<li>DATA BACKUP<br>
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Due to the specificity of the Dedicated server hosting service, providing Customers with fully independent and self-managed hosting environment, the DATA BAKCUP of all Customer's website contents and databases is solely Customer's responsibility, as well.<br>
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<br>
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A 50 GB FTP backup storage is available as a part of our Managed Services Package. It is also available as a separate upgrade option.<br><br>
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</li>
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</ol>
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</li>
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<li>
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<h6>SERVICE ACTIVATION AND CONTINUANCE TIMESCALES</h6>
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<ol>
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<li>
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SERVICE ACTIVATION<br>
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For newly signed up clients - the Services are activated only 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 prevent fraudulent account usage). 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 canceled.
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<br><br>
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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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</li>
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<li>
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CONTINUANCE TIMESCALES<br>
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Dedicated Server Accounts - The newly-created Dedicated server hosting accounts with IO Cloud Solutions 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 server account.<br><br>
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</li>
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</ol>
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</li>
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<li>
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<h6>CUSTOMER RESPONSIBILITIES; ACCOUNT REGISTRATION AND MANAGEMENT</h6>
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In consideration of their use of the Service, Customers agree to:
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<ol>
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<li>
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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 IO Cloud Solution has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, IO Cloud Solution 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).
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</li>
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<li>
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When introducing any changes to their contact details, Customers are obliged to notify IO Cloud Solutions in the course of 10 business days after the changes become valid. The introduction of changes should be done online through the customers' Dedicated Management Account, not via e-mail.
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</li>
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<li>
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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 IO Cloud Solutions 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. IO Cloud Solutions cannot and will not be liable for any loss or damage of account information arising from Customer's failure to comply with this provision.
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</li>
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<li>
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If a Dedicated server hosting account is registered with details different than those of the person who paid for the account, and in the case of any dispute, IO Cloud Solutions 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 account holder.
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</li>
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<li>
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The client is obliged not to delete IO Cloud Solutions's SSH key, which provides root access to the server. The root access will be used by IO Cloud Solutions in 2 cases only:<br><br>
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<ol>
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<li>
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When there is a problem with the server and, as a result, certain services do not run properly - IO Cloud Solutions may fix it as he sees fit.
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</li>
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<li>
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When there is a report from a third party concerning some sort of abuse, for example, spam, IO Cloud Solutions can identify the spammer and suspend him, of which case the client who is in charge of the server will be duly informed. The client, on the other hand, is obliged not to let problems of such kind happen again, whether or not involving that particular abuser. If there are repeated abuse reports - IO Cloud Solutions will charge the client $20 for each report, because the latter is obviously unwilling to assist in terminating the abuse actions on the given server.
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</li>
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</ol>
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<br>The client is also obliged not to terminate the SNMP service activated by the provider to keep track of the used IPs on the server. Upon a termination of the SNMP service -IO Cloud Solutions will inform the client and the client will have to reactivate the service in 48 hours. If the client does not cooperate - IO Cloud Solutions can suspend the client's access to the server at his own discretion.<br><br>
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</li>
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</ol>
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</li>
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<li>
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<h6>NO UNLAWFUL OR PROHIBITED USE</h6>
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<ol>
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<li>
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SERVER USAGE<br>
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IO Cloud Solutions expressly bans the use of any Dedicated 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 IO Cloud Solutions's Services, other accounts, computer systems or networks connected to any of IO Cloud Solution'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 IO Cloud Solution's Services. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our AUP (Acceptable Use Policy). If you still have inquiries over the matter, feel free to contact any of our Customer Care representatives.
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</li>
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<li>
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HOSTED CONTENT<br>
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Server content MUST comply with the parameters stated in this TOS and our Acceptable Use Policy. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of ResellersPanel'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 IO Cloud Solutions's Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited. In this light, ResellersPanel 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. IO Cloud Solution's Dedicated 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 IO Cloud Solution's Dedicated Terms of Service (this document) and the Acceptable Use Policy (AUP).
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</li>
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<li>
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CUSTOMER AGREEMENT<br>
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As a condition for Customer use of IO Cloud Solutions'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, and our Acceptable Use Policy (AUP). IO Cloud Solutions's Dedicated servers 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. IO Cloud Solution reserves the right at any time to disclose any information, as IO Cloud Solution 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 IO Cloud Solutions.
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</li>
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</ol>
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<br>
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</li>
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<li>
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<h6>E-COMMERCE CUSTOMER WEBSITES</h6>
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When buying a Dedicated server for the purpose of creating an e-commerce online store or related e-commerce activities website, the Customer agrees to be fully responsible for the development, operation and maintenance of his/her web site/ online store and e-commerce activities within that website. The Customer is the only one in charge of approving, processing and filling client orders and taking care of client requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any clients' data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
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<br>
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Each Customer is in charge of all products and services, as well as all contents and materials appearing online, including:
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<ul>
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<li>
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- the accuracy and relevance of Customer Content, and content and material showcased in the Customer store or on its products;
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</li>
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<li>
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- certainty that the Customer Content and content and materials appearing in the Customer store or on its products do not violate or infringe upon the rights of any person;
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</li>
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<li>
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- certainty that the Customer Content and the content and materials appearing in the Customer store or on its products are not calumnitous or somehow illegal.
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</li>
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</ul>
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Each Customer guarantees to IO Cloud Solutions that he/she owns 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 ResellersPanel that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
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<ul>
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<li>
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- infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party;
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</li>
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<li>
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- break any criminal law or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.
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</li>
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</ul>
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Each Customer empowers IO Cloud Solutions to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. IO Cloud Solutions is granted the right to estimate, at its own discretion, the extent to which these operations may be carried out.<br><br>
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</li>
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<li>
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<h6>REFUSAL OF SERVICE</h6>
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<ol>
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<li>
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SERVICE DENIAL<br>
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IO Cloud Solutions 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 ResellersPanel's Dedicated servers. ResellersPanel reserves the right to refuse Service to unlawful parties.
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</li>
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<li>
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SERVICE DISCONTINUANCE<br>
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IO Cloud Solutions reserves the right to discontinue the Service provision to any subscriber that IO Cloud Solutions deems, at its sole discretion, has violated any condition of the Service explicated in this Terms of Service and/or the Acceptable Use Policy.
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</li>
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</ol>
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<br>
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<li>
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<h6>MISCELLANEOUS</h6>
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<ol>
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<li>
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NOTICES<br>
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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 IO Cloud Solutions. 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 IO Cloud Solutions should be sent to the address provided on IO Cloud Solutions's website.
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</li>
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<li>
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COMPLAINTS PROCEDURE<br>
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IO Cloud Solutions guarantees highest level of 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.
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<br>
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In order to file a complaint, please send us an email to support@iocloudsolutions.net, specifying 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.
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<br>
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Here are our steps of addressing every single complaint:
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<ul>
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<li>
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- IO Cloud Solutions will confirm receipt of your complaint in writing, confirming that the complaint will be addressed without delay. IO Cloud Solutions reserves the right to refuse to investigate a complaint that is obviously frivolous, abusive or offensive.
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</li>
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<li>
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- A Provider's Customer Care representative will review your situation, look for an appropriate solution and inform you of the timeframe within which a response should be expected.
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</li>
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<li>
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- If IO Cloud Solutions's Customer Care representative can't resolve your complaint within the pre-announced period, your complaint will be escalated to the owner.
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</li>
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</ul>
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</li>
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<li>
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TORTUROUS CONDUCT<br>
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Any way of indecent treatment towards a Provider'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 IO Cloud Solutions's employees regarding any request for help or consultation via e-mail, chat, phone or through our 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 IO Cloud Solutions's Customer Care staff will be interpreted as a breach of this TOS. IO Cloud Solutions 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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</li>
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<li>
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CUSTOMER CARE SERVICE<br>
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Technical Support<br>
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Due to the specificity of the Service, Customers are fully in charge of the management and maintenance of their Dedicated servers. However, if they need assistance or want to leave this task to our highly-qualified administrators department. Please open a support ticket in the Client Portal.
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<br>
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Pre-sale and general questions
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<br>
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Customers may use any of the support options listed below:
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<ul>
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<li><strong>E-mail us using our Contact Us</strong></li>
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<li><strong>Open a trouble ticket from the Customer's Client Portal</strong> </li>
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<li><strong>Phone us at: US Line 1-215-839-9167</strong></li>
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</ul>
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</li>
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</ol>
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<br>
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</li>
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<li>
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<h5>GENERAL REGULATIONS</h5>
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<ol>
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<li>
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GOVERNING LAW<br>
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This Agreement shall be governed by and construed in accordance with the laws United States of America
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</li>
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<li>
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ARBITRATION<br>
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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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</li>
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<li>
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ENFORCEMENT<br>
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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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</li>
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<li>
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INDEMNIFICATION<br>
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The Customer agrees to indemnify ResellersPanel, 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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</li>
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<li>
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LIMITATION ON PROVIDER'S LIABILITY<br>
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Force Majeure Circumstances - IO Cloud Solutions 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 provider, or (iv)other force or occurrence beyond its control.
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<br><br>
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Damages & Losses - IO Cloud Solutions 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 IO Cloud Solutions's Services by the Customer or any third parties, or (ii) any loss of data resulting from delays, non-deliveries or service interruptions.
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<br><br>
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Service Provision - IO Cloud Solutions 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 IO Cloud Solutions shall have no liability therefore.
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</li>
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<li>
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REVISIONS<br>
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ResellersPanel reserves the right to revise this document at any time, without prior notice. Customers are encouraged therefore to periodically review these Dedicated Terms of Service and the Acceptable Use Policy
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</li>
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</ol>
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</li>
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</ol>
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</div>
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<div id="terms_affiliates" style="visibility:hidden; display:none;">
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<span class="terms_title">Affiliate Terms of Service</span><br />
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Lutchy Horace