Terms of Service

MasayaHost Terms of Service

These Terms of Service (the ‘Agreement’) are an agreement between you – the user of our hosting and related services (collectively, the ‘Services’), and MasayaHost, in association with LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. All billing and hosting services are rendered by LiquidNet US LLC and LiquidNet Ltd. (billing operations will be handled here). Legal details about the two companies can be found in the ‘Customer Service Contact Details’ section of this document.

For the sake of brevity, MasayaHost, LiquidNet US LLC and LiquidNet Ltd. will be referred to as ‘We’, ‘Us’, ‘Our’ and ‘Service Provider’ in this document.

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As a Customer of our Services, you need to be aware that, when signing up for an account with us, you accept and agree to abide by our Web Hosting Terms of Service (this document) and our Acceptable Use Policy (AUP). The Order Form completion of the Service represents the electronic signing of these two documents.  

As a Customer of our Services, you understand and agree also that it is beyond our power to restrict any public access to the data that you position on our servers and guarantee the security of your files. In this respect, you accept that it is your obligation to protect all the information that you make available to the wide internet public through our web hosting network and assume all responsibility for unveiling online personal data that could be abused.  

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  1. Entire Agreement; Service Agreement

  2. Hosting Services

  3. Service Activation and Continuance Timescales

  4. Free Domain Name Promotion

  5. Service Expiration and Renewal

  6. Customer Responsibilities

  7. No Unlawful of Prohibited Use

  8. E-Commerce Customer Websites

  9. Third Party Dealings

  10. Cancellation, Refunds & Chargebacks 

  11. News Releases

  12. Torturous Conduct

  13. Force Majeure Circumstances

  14. Service Provision; Warranties and Representations

  15. Service Discontinuance

  16. Complaints Procedure

  17. Customer Service Contact Details

  18. Revisions

  19. Assignment

  20. Termination
  1. ENTIRE AGREEMENT; SERVICE AGREEMENT

    These Web Hosting Terms of Service, together with our Acceptable Use Policy and the Domain Name Registration Agreement, constitute the whole act of convention between You – the Customer, and Us, the Service Provider. Service Provider shall provide its Services to You under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to clarify all aspects, rules and provisions of the business relationship between You – the Customer, and Service Provider. It is also intended to keep the integrity of this relationship and protect both parties from liability. This Service Agreement will be enforced, if/when necessary, in order to be guaranteed the speed, power, performance, and reliability of our services.

    In the event that a court of competent jurisdiction declares any of the Agreement’s provisions invalid, unenforceable, or void, the remaining provisions will entirely preserve their validity. Customer’s side of the Agreement can be presented by any of the following parties: an individual over 18 years of age; a legal entity, such as a corporation, a limited liability company, etc. If a person represents the Customer, for some reason, he/or she must be legally authorized to act on his behalf, thus accepting, executing and delivering the Agreement.

    This agreement shall be interpreted in consistence with the laws of the State of Florida, US, and shall serve to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. back to top

  2. HOSTING SERVICES

    A web hosting service is a type of Internet service that offers individuals and organizations/companies the resources to host their own web sites and store information, images, video, and other content accessible via the World Wide Web. A Storage Service Provider (SSP) is a company that provides computer storage space and related management services. SSPs offer also periodic backup and archiving.  

    The Service Provider offers only web hosting services, not data storage services. A web hosting service consists of the following:  

    SERVICE FEATURES

    1. Disk Space – We use a clustered storage technology. This means that the storage resources of a hosting plan purchased from us are not confined to a single server, but are distributed between multiple machines. This way optimal performance is guaranteed and higher server stability. It also ensures that you will be able to avail of all the storage quota that has been assigned to your particular account. Additional disk space is available as an upgrade option. Payment is accepted only in advance per year. Contact sales for more information.

    2. Traffic – Each hosting plan includes prepaid monthly traffic in Megabytes. This traffic quota is shared between all sites hosted in a single account. In case that a hosting account exceeds its allowed traffic quota, it will be suspended until the beginning of next month when the quota will refresh automatically. Additional traffic is available as upgrade. Contact sales for more information.

    3. Hosted Domains – the Service Provider’s hosting plans include domain hosting. Each hosting plan allows a particular number of domains that can be hosted.

    4. Domain Registration/Transfer – available at regular or a discounted price (depending on the chosen TLD) with the purchasing of a web hosting account. Each account can host a maximum of one discounted domain name. Domain registrations are final and are not subject to refund. More information regarding domain names can be found further in this TOS (Terms of Service), in our Domain Name Registration Agreement and in the Domain Name Dispute Resolution Policy.

    5. E-mail accounts – different number of e-mail accounts are available for setup with each web hosting plan.  

    6. MySQL/PostgreSQL Database(s) – MySQL databases are included in all web hosting plans. Additional databases are available as upgrade. PostgreSQL databases can be either included or optional. Contact sales for more information.

    7. Database Storage – Each hosting account has a limit of database storage. This storage is shared between all the databases in a single hosting account. Additional database storage is available. Contact sales for pricing.

    8. IP Address – the Service Provider’s hosting accounts do not include dedicated IP addresses, unless listed in plan features. Dedicated IP addresses can be purchased at any time as an upgrade to the web hosting service provided by the Service Provieder. Dedicated IP addresses are purchased for a period of at least one year and are non-transferable to other web hosting providers. Contact sales for more information.

      NB: Please note that according to IANA – the entity that coordinates the global pool of IPs, newly requested dedicated IP addresses must be used within 7 days of their allocation. So, if you request a dedicated IP address from your Control Panel and do not assign it to a host within 7 days of the allocation date, then the IP address will be taken back to the global pool of IPs. If so, you will need to re-request the IP address from the Dedicated IP Addresses section of your Control Panel.

    9. SSH – In case your hosting account does not include SSH, please contact sales department for more information on how to obtain it. Payment is accepted only in advance per year.  

    10. ID Protection – This service ensures that your private contact information will not be visible in the domain’s WHOIS details. Optional for all hosting plans, but available only with certain TLDs, supporting this option.  

    Detailed information about all features included in our web hosting packages is available on our web hosting plan pages.

    INSTALLATION AND TROUBLESHOOTING

    Each customer will be able to take advantage of our Installation & Troubleshooting service upgrade. It allows users to get one-time expert assistance from our technical support team or system administrators for a period of 1 hour. The Installation & Troubleshooting is intended for:

    – Hacked sites cleaning and restoration service
    If you find your website hacked or reported to be infected you can rely on our help getting this fixed for you. This service included a backup of the current content, cleaning and/or restoring broken files from original script installation or restore from a previous copy.

    – Script, theme, plugin installation service
    If you need any software installation, theme/template or even plugin installation that you do not wish to deal with, we can do it for you. We will backup the current site (if any) and complete the desired installation for you.

    – Scripts troubleshooting and debugging services
    In case you have an issue with a software that you are unable to handle, we can do the troubleshooting and fix it for you.

    – Manual files, database or emails transfers between hosting accounts using our services. If you want to move a site or few over to another account we can handle the migration for you hassle free.

    The Installation & Troubleshooting will not apply in the following cases:

    – Our installation service covers only fresh installations (no upgrades). We will not perform custom work or upgrade to a recent version on an already existing scripts.
    – The service will not include any configuration of the scripts beyond their installation. After the scripts are being activated and operational any further tweaking and setup is done by the client.
    – We will only provide installation and troubleshooting if the hosting is provided by us on our Linux Based Servers. We do not provide the service for any Windows, Linux and MAC servers which are not powered and managed by us.
    – We don-t provide any warranties and will not be held responsible for any data loss or any script, theme, plugin not operating as intended.

    “UNLIMITED” USAGE POLICIES AND DEFINITIONS

    The term “UNLIMITED” is used to describe the amount of resources in the web hosting plans provided by the Service Provider, which is not set to a predefined limit value (for example – unlimited bandwidth, unlimited disk space, unlimited emails or other unlimited resources). By not setting limits on key resources, we are able to offer our customers a simple, consistent pricing scheme as their websites demand more and more resources. As a result, a typical website may experience periods of great popularity and a resulting increased storage need without experiencing any associated increase in hosting charges.

    In all cases, when a service is listed as “Unlimited“, it is intended for normal web hosting usage only – all activities, which may result in excessive resource usage inconsistent with regular usage patterns, are prohibited.

    Our Unlimited service offers are not designed to allow a single user to influence the overall server performance. The Service Provider will make every effort to provide its customers with additional resources whenever possible, including the relocation of a customer’s hosting account to a newer, faster server. However, if the resource usage reaches a level where it may influence the overall server performance in a negative way, the Service Provider reserves the right to take corrective actions. Such actions may include disconnection or discontinuance of any and of all offered services, removal or deletion of customers’ websites, website content, electronic mail, or termination of a customer’s account according to the Service Provider’s sole and absolute discretion.

    SERVICE PAYMENTS AND RECURRING CONTRACTS

    When signing up for an account with the Service Provider, the Customer agrees to pay for the period of one year (365 days) and abide by our Order Verification Policy. Our Sales Department will strictly scrutinize each account order and carefully processes each payment in order to ensure that no fraudulent user can take advantage of our web hosting system. In cases of PayPal and American Express credit card payments, a 12-month recurring billing cycle will apply for customer convenience. In case that a customer wants to cancel their recurring contract, they can do so from the Recurring Manager section of their Web Hosting Control Panel.

    The Service Provider will charge customers with fees based on the fee structure of our web hosting system at the time of the sign-up process. The Service Provider reserves the right to introduce price changes to the packages when needed. This means that the current price list at our web store may differ from the pricing of your web hosting account.

    Each customer of ours 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. The Service Provider reserves the right to introduce certain changes to the packages (in the form of complementary services) to the benefit of the customers.

    When you pay for a web hosting plan with a domain via credit card or PayPal, a 12-month recurring billing subscription will be created automatically for your convenience, for which you will get a notification from the payment processor. All automatic payments go through exactly 7 days before the due date so as to avoid any downtime to your websites if there is a problem with the credit card/PayPal account.

    We’ll send you a reminder of the due payment at least 24 hours before the automatic charge takes place.

    You can cancel the subscription at any time from your Control Panel -> My Account -> Recurring, or directly through PayPal – if it’s a PayPal account subscription.

    SERVICE GUARANTEES  

    The Service Provider guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:  

    1. Server Hardware Breakdown;

    2. User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, the Service Provider is not responsible for the downtime);

    3. Failure due to software that is not explicitly supported by the Service Provider. If a hardware crash provoked by the customer consequently occurs, the Service Provider is beyond the control and responsibility for the resulting downtime.

    For more information, please read our Service Level Guarantees.

    ACCOUNT/DATA BACKUP

    Our backup service is provided as a courtesy to you and therefore, the Service Provider will be in no way held responsible for the files stored in your account. You, as a customer, agree to take full responsibility for all the files in your account and to maintain an appropriate backup of the data stored on our servers. We will back up the files located in the /www folder of your account, as well as the databases you have created. Backups are only kept for a period of 7 days. After this period, a backup cannot be restored.  

    General Backup: The default available backup disk storage space for each customer is 5 GB. User accounts with content over 5 GB cannot be (partially or entirely) backed up. Additional space for backup purposes is available under our Upgrade section in the Control Panel. We provide backup services only to accounts with disk space usage below the purchased backup quota limit. For example, if the purchased data backup quota amounts to 20 GB, we will back up your files as long as your account’s disk usage does not exceed the 20 GB quota limit. As soon as this 20 GB quota limit has been reached – the backup script will no longer back up any of your files.

    Database Backup: Our database backup script WILL NOT back up databases, which contain more than 256 tables. Databases bigger than that take too much time and use too much of the server’s resources to be backed up.

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  3. SERVICE ACTIVATION AND CONTINUANCE TIMESCALE

    30-DAY FREE TRIAL

    All our web hosting plans include a 30-day free trial option, which can be enabled as soon as a given Customer has created an account. Only new Customers can take advantage of this possibility. The free trial period itself will expire 30 days after activation.

    During the free trial period, the account will operate with several limitations, which may differ based on the chosen package. More information on the subject will be sent to the Customer on the free trial period’s start date. After the trial period ends, the Customer will no longer have access to the Service unless they complete their purchase.

    All customer’s data will be kept for up to 30 days after the end of the free trial period. In case that the customer does not complete the order procedure within that period, the data will be deleted from our servers.

    At any given time during the free trial period, the Customer may convert their free account into a standard paid account by clicking the “Complete Order” button in the Web Hosting Control Panel.

    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.

    CONTINUANCE TIMESCALES

    Shared Web Hosting Accounts – all newly-created shared hosting accounts with the Service Provider are valid for 1 year. They can be regularly renewed for another year that is added to the official expiration date of the account. All account upgrades purchased from the Web Hosting Control Panel are valid and are to be functional till the final expiration date of the respective web hosting account.

    Domain Name Registration/Transfer – the Service Provider offers for registration/transfer all TLDs (Top-Level Domains) displayed in the table below. The TLDs can be purchased either together with a shared hosting account (at regular or PROMOTIONAL price) or separately as an upgrade from the Web Hosting Control Panel (all TLDs – at NON-PROMOTIONAL prices). The table below displays the minimum and maximum registration period, as well as the annual NON-PROMOTIONAL price of each TLD:

    tldmin/max period of registration @ min period price
    .ae1-5 years @ $40.99 per year
    .asia1-10 years @ $19.99 per year
    .at1 years @ $18.99 per year
    .be1 years @ $13.99 per year
    .biz1-10 years @ $17.99 per year
    .ca1-10 years @ $19.99 per year
    .cc1-10 years @ $26.99 per year
    .ch1 years @ $17.99 per year
    .club1-10 years @ $19.99 per year
    .cn1-10 years @ $14.99 per year
    .co1-5 years @ $30.99 per year
    .co.il1 years @ $25.99 per year
    .com1-10 years @ $15.99 per year
    .com.au2 years @ $28.99 per year
    .com.cn1-10 years @ $14.99 per year
    .com.mx1-5 years @ $53.99 per year
    .company1-10 years @ $22.99 per year
    .com.tw1-10 years @ $29.99 per year
    .co.nz1-10 years @ $22.99 per year
    .co.uk1-10 years @ $12.99 per year
    .co.za1 years @ $18.99 per year
    .de1 years @ $13.99 per year
    .deals1-10 years @ $30.99 per year
    .dk1-3,5 years @ $29.99 per year
    .es1-5 years @ $14.99 per year
    .eu1-10 years @ $12.99 per year
    .family1-10 years @ $23.99 per year
    .fi1-5 years @ $19.99 per year
    .fr1 years @ $14.99 per year
    .fun1-10 years @ $22.99 per year
    .gr2 years @ $29.99 per year
    .guru1-10 years @ $30.99 per year
    .host1-10 years @ $74.99 per year
    .hosting1-10 years @ $345.00 per year
    .idv.tw1-10 years @ $29.99 per year
    .ie1-10 years @ $23.99 per year
    .in1-10 years @ $16.99 per year
    .info1-10 years @ $17.99 per year
    .it1 years @ $13.99 per year
    .jp1 years @ $42.99 per year
    .me1-10 years @ $20.99 per year
    .me.uk1-10 years @ $12.99 per year
    .mobi1-10 years @ $22.99 per year
    .mx1-5 years @ $53.99 per year
    .name1-10 years @ $15.99 per year
    .net1-10 years @ $17.99 per year
    .net.au2 years @ $30.99 per year
    .net.cn1-10 years @ $14.99 per year
    .net.nz1-10 years @ $22.99 per year
    .news1-10 years @ $24.99 per year
    .ninja1-10 years @ $21.99 per year
    .nl1 years @ $14.99 per year
    .no1 years @ $16.99 per year
    .nu1-10 years @ $21.99 per year
    .online1-10 years @ $34.99 per year
    .org1-10 years @ $17.99 per year
    .org.au2 years @ $38.99 per year
    .org.cn1-10 years @ $14.99 per year
    .org.nz1-10 years @ $22.99 per year
    .org.tw1-10 years @ $29.99 per year
    .org.uk1-10 years @ $12.99 per year
    .party1-10 years @ $31.99 per year
    .ph1-2,5,10 years @ $56.99 per year
    .pl1-3 years @ $30.99 per year
    .press1-10 years @ $62.99 per year
    .pro1-10 years @ $20.99 per year
    .pt1,3,5 years @ $21.99 per year
    .qa1-5 years @ $40.99 per year
    .ru1 years @ $11.99 per year
    .se1-10 years @ $19.99 per year
    .services1-10 years @ $30.99 per year
    .site1-10 years @ $27.99 per year
    .solutions1-10 years @ $22.99 per year
    .space1-10 years @ $22.99 per year
    .store1-10 years @ $51.99 per year
    .tech1-10 years @ $46.99 per year
    .top1-10 years @ $17.99 per year
    .tv1-10 years @ $33.99 per year
    .tw1-10 years @ $29.99 per year
    .uk1-10 years @ $12.99 per year
    .us1-10 years @ $13.99 per year
    .we.bs1-10 years @ $5.99 per year
    .website1-10 years @ $21.99 per year
    .ws1-10 years @ $29.99 per year
    .xyz1-10 years @ $15.99 per year

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  4. FREE DOMAIN NAME PROMOTION

    The Service Provider occasionally runs promotions offering FREE domain names to customers signing up for a new web hosting account. This special offer is valid only with our PROMOTIONAL TLDs. However, in case that the money-back guarantee option is used, the domain name must be paid ($9.95 per year per domain name). The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.

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  5. SERVICE EXPIRATION AND RENEWAL


    HOSTING SERVICE

    The hosting service is active for one year (365 days). After the expiration of that period, the account will be automatically suspended and will remain suspended until the Customer renews it by paying its annual subscription fee. In case that the Customer does not renew his/her hosting account, it will remain BLOCKED. The account data will be kept for two months, after that it will be permanently deleted.


    E-mail notifications regarding each account’s expiration are dispatched twice – 14 days and 7 days prior to the expiration date of the account. In order to receive the notifications, the Customer must provide a valid e-mail address. The Service Provider ensures that the e-mails are sent and takes no responsibility for e-mails that are not delivered due to problems with the recipient’s e-mail address.



    DOMAIN NAMES

    Domain names are valid for the number of years of their registration (domain names can be registered for the period of 1 to 10 years, depending on their TLD – top-level domain name – extension). After an expiration of a domain name several stages follow regarding its renewal.

    • The domain name Redemption Grace Period (RGP) is a registry level period that starts about 30 days after the domain name’s expiration date. During this period the domain name is kept on hold by the Registrar before it gets deleted. The domain registrant is allowed to retrieve the domain name from deletion, but this process costs additional redemption fee. The RGP fee depends on the given TLD and on the registrar through which it is registered as follows:

      RegistrarTLDRGP fee
      LiquidNet.com, .net, .org, .info, .biz$90.00
      LogicBoxes.us, .in, .cc, .tv$90.00
      EURid.eu$20.00
      eNom.com, .net, .org, .info, .biz, .co, .asia, .ca, .name, .mobi,
      .tw, .com.tw, .org.tw, .idv.tw, .pro, .me
      $270.00

      The RGP period extends the time available for renewing domain names. However, any web site or e-mail services associated with the domain name will stop working and the domains that enter a redemption period may be removed from the zone files (the list of domain names currently in the global DNS).

    • After the Redemption Grace Period (or the renewal period – if RGP is not applicable) has passed, domain name(s) enter the so called ERGP (Extended Redemption Grace Period). During the first 120 days of the period in which the domain name is appointed to its ERGP period you are allowed to redeem the domain name and take ownership once again if you pay the fee for redeeming the domain name with all registration fees. When the 120 period lapses and you have not redeemed the domain name, the domain name will be considered deserted and you would have no further rights over the domain name registration.

      At that point domain name(s) can be: provided to third parties; the Service Provider may choose to auction the domain name(s); the Service Provider may return them in the public registration pool. All of these actions can be carried out at any time and without your consent.

    • After the redemption period of an expired domain name is finished, comes the Pending Delete Period– a registry level period of up to 5 days during which no one is allowed to renew the domain name and it cannot be newly registered because it’s still not returned to the public pool of domain names.

    • Released by Registry Period – the domain name is sent back into the public pool of domain names and is newly available for registration.


    Customers are advised to renew their domain registrations before their domain names are placed into redemption. When a domain name transits in redemption period, we are not able any more to prevent its zone files from being removed from the DNS system, and the customer’s web site and any associated services will stop working.

    During a domain name’s redemption period, we can assist the customer in retrieving his/her domain name from deletion only if the domain name was registered with us. The customer will need to pay a REDEMPTION FEE (see the table above for more information) for the domain registration renewal (the redemption fee is imposed by our Registrar). If the domain name was registered with another registrar, the customer needs to contact that registrar for more information regarding its retrieving.



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  6. 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 the Service Provider has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, the Service Provider 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). If untrue details are used in order to avoid VAT the customer can be held responsible by the respective national tax collecting agency.

    • Wheb introducing any changes to their contact details, customers are obliged to notify the Service Provider in the course of 10 business days after the changes become valid. The introduction of changes should be done online through the customers’ Web Hosting Control Panel, not via e-mail. This requirement is also in force for the Service Provider, i.e. customers will be always aware of any contact information changes that the company places within its website. This way, flawless communication between both sides is guaranteed.

    • 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 the Service Provider 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. The Service Provider 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 hosting account is registered with details different than those of the person who paid for the account, and in the case of any dispute, the Service Provider 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.

    • If the hosting account owner deceased prior to the expiration of his/her account the Service Provider will require death certificate or any other legal document that can provide an official evidence for that fact. Those who supply that information will be held legally responsible if the information is false or incorrect. Once such documents are obtained, the Service Provider will be the sole arbiter in assessing whether the documents are authentic or not. A record of the obtained documents will be kept until the expiration of the hosting account.


    ACCOUNT USAGE


    • CPU usage (or usage of the Central Processing Unit(s) of the web server the customer’s account is hosted on) – The CPU usage is subject to some regulations. Each hosting account can use up to 10% of the CPU power for no longer than 180 seconds at any given time, and/or the percentage given per 24 hours in the features configuration of the Customer’s plan. The Service Provider’s web hosting plans include the following CPU quotas (per 24 hours).

      Web Hosting Plan NameCPU Limit
      Personal5%
      Budget5%
      Pro5%
      Professional5%
      Startup7%
      Venture10%

      The Service Provider strongly recommends that customers be very judicious when using the CPU power for their accounts. 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. If we do block or suspend an account, then its owner will be notified of the situation and given an explanation, and/or offered to upgrade to a dedicated or a semi-dedicated web hosting solution

    • Emails – Users are not allowed to send more than 1500 emails per day/150 emails per hour per hosting account (each email can be sent to a maximum of 50 recipients, as each unique recipient will be counted as one message sent). Users are not allowed to send more than 1500 emails a day using a mailing list (or 1 email to 1500 subscribers, respectively). Each email account is entitled to 10 GB of storage space, while all active email accounts under a hosting account must not exceed 40 GB in size. Only the Venture plan has an email storage quota of 60 GB. Each email account can host up to 200.000 stored messages.

      You can manage as many mailboxes as you need under one account as long as you do not interfere with the other users on the server.

      If there are more than 3000 mailboxes in a given hosting account, its owner can cause high server load by just modifying a password or changing an alias.

      This is why, if a particular mailbox simultaneously accommodates multiple emails and its owner often often executes changes like the ones mentioned above, then we’ll be forced to disable that account and ask the respective client to migrate to a more resource-rich type of a hosting environment where mailbox modification operations cannot lead to server performance issues.

      Several specific limitations apply to the Domain Manager plan-included email service such as a maximum of 250 outbound emails per day/25 emails per hour. Your customers can see the specific disk storage quota allocation and the number of emails allowed in the Account Usage table in the Hepsia Control Panel.

    • File Quota – There is no file quota limit for any one of our web hosting packages. You are allowed to have an unlimited number of files in your hosting account.

    • Disk Space & Traffic – the Service Provider 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. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file 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 50 GB in size. Furthermore, such media files may amount to no more than 50% of the customer’s total monthly traffic usage. Upon request, 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 – the Provider 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. 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. You can make a maximum of 15 simultaneous connections to a MySQL database.

    • Access and error logs – The access and error logs for all client’s hosts in one account should not exceed 500 MB in total.


    “UNLIMITED” USAGE POLICIES AND DEFINITIONS


    The term “UNLIMITED” is used to describe the amount of resources in the web hosting plans provided by the Service Provider, which is not set to a predefined limit value (for example – unlimited bandwidth, unlimited disk space, unlimited emails or other unlimited resources). By not setting limits on key resources, we are able to offer our customers a simple, consistent pricing scheme as their websites demand more and more resources. As a result, a typical website may experience periods of great popularity and a resulting increased storage need without experiencing any associated increase in hosting charges.

    In all cases, when a service is listed as “Unlimited“, it is intended for normal web hosting usage only – all activities, which may result in excessive resource usage inconsistent with regular usage patterns, are prohibited.

    Our Unlimited service offers are not designed to allow a single user to influence the overall server performance. The Service Provider will make every effort to provide its customers with additional resources whenever possible, including the relocation of a customer’s hosting account to a newer, faster server. However, if the resource usage reaches a level where it may influence the overall server performance in a negative way, the Service Provider reserves the right to take corrective actions. Such actions may include disconnection or discontinuance of any and of all offered services, removal or deletion of customers’ websites, website content, electronic mail, or termination of a customer’s account according to the Service Provider’s sole and absolute discretion.


    SERVER USAGE & HOSTED CONTENT


    • Server content MUST comply with the parameters stated in this TOS and our AUP (Acceptable Use Policy). Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of the Service Provider’s Services are used for the illegal purpose of SPAM or UCE, then they will be terminated instantaneously. The Service Provider expressly bans the use of any of the Service Provider’s hardware or software hosted on a Service Provider’s server for trying to illegally access another hosted machine or network. 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 a Service Provider Service representative.

    • We offer free themes with each hosting account, which customers can use for their sites. The images used in the featured sliders, the logo images and background photos are provided to demonstrate the theme only. They are not part of the theme and can’t be used in the customers’ live site.
    • Using If your website has been hacked/ infected with malicious content, we reserve the right to access your hosting account and delete the corrupted files. In this case, there will be no need for your account to be suspended. This way, your website(s) will be brought back to their normal state and you will be able to continue using our service.

    • Using the Service Provider temporary URL is not defined as a bandwidth stealing. However customers should not rely on the Service Provider’s temporary URL as a basic URL. Traffic processing there is not recommendable. The Service Provider cannot and will not be held responsible for changing it afterwards. Customers are advised to use it temporarily and redirect their traffic to their own domains.


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  7. NO UNLAWFUL OR PROHIBITED USE

    As a condition for customer use of the Service Provider’s Services, You – the Customer, agree that you will not use the Service Provider’s Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and/or our Acceptable Use Policy (AUP). The Service Provider 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.

    You also agree, that you will not use the Services in a manner that:

    • Is illegal, or promotes or encourages illegal activity such as ponzi schemes;
    • Promotes, encourages or engages in child pornography or the exploitation of children;
    • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
    • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • Participates or promotes the transmission of copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets;
    • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
    • Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another Customer or any other person or entity, or breaches any duty of confidentiality that You owe to another Customer or any other person or entity;
    • Interferes with the operation of the Service Provider’s Services;
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding the Service Provider’s Services.


    The Service Provider 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’s Terms of Service (this document) and Acceptable Use Policy (AUP). Customers may not attempt to gain unauthorized access to any of the Service Provider’s Services, other accounts, computer systems or networks connected to any of the Service Provider’s Services, through hacking, password mining or other means. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by the Service Provider’s Services.

    Customers are solely responsible for the content of their messages. Using the Service Provider’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.

    The Service Provider’s management will thoroughly scrutinize all received orders and decide, at their own discretion, which of them do not comply with the officially stated requirements for use of the company servers. The Service Provider reserves the right to refuse service to unlawful parties. The Service Provider reserves the right at all times to disclose any information, as the Service Provider 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, at the sole discretion of the Service Provider.



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  8. E-COMMERCE CUSTOMER WEBSITES

    When buying an allocated space on the Service Provider’s servers for the purpose of creating online stores or related e-commerce activities websites, customers agree to be fully responsible for the development, operation and maintenance of their web sites, online stores and e-commerce activities within that websites. The Customer is the only one in charge of approving, processing and filling clients’ orders and taking care of clients’ 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 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 is in charge of all products and services, as well as all contents and materials appearing online on his/her e-commerce website, including:

    • the accuracy and relevance of Customer Content, and content and material showcased in the Customer store or on its products;
    • 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;
    • 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.  

    Each Customer guarantees to the Service Provider 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 the Service Provider 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 law or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.  

    Each Customer empowers the Service Provider to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. The Service Provider is granted the right to estimate, at its own discretion, the extent to which these operations need to be carried out.

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  9. THIRD PARTY DEALINGS

    Any dealings with third parties (including advertisers) carried out through the Service Provider’s Services, including participation in promotions, payment for goods and services, and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between the Customer and the advertiser or the other third party. The Service Provider shall not be responsible or liable for any part of such dealings or promotions.



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  10. CANCELLATION, REFUND & MONEY-BACK; CHARGEBACKS

    CANCELLATION & REFUNDS

    the Service Provider’s accounts are set up on a prepay basis. Service Provider’s customers may decide to cancel their accounts at any time, however they will get a full refund of the service only if the cancellation request is made within 30 days of purchasing of the account, according to our Money Back Guarantee Policy

    To cancel an account, the Customer needs to send an e-mail or support ticket to our Sales Department and provide any authentication credentials requested by the Service Provider. Other forms of cancellation requests will not be accepted. Any incentives (free bonuses, etc.) offered to the Customer upon sign-up will be also cancelled.

    Domain name registrations/transfers, service upgrades and web hosting plan renewals are treated as non-refundable services (see below) and cannot be cancelled or refunded after being activated upon customer request. The Customer will have the opportunity to transfer his/her domain away to another host.

    Late cancellations, as well as accounts cancelled by the Service Provider. due to TOS violations (where the customer has decided not to fix the violation) do not qualify for the 30-day money back guarantee.

    All credit requests for VISA, MasterCard, American Express and Discovery payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer’s credit/debit card and affect the Customer’s credit/debit card balance in accordance with the credit/debit card issuer’s terms of service.

    All credit requests for PayPal payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer’s PayPal account and affect the Customer’s PayPal balance in accordance with the PayPal’s terms of service.


    MONEY BACK GUARANTEE POLICY

    The Service Provider offers a 30-day money back guarantee. If you are not satisfied with our hosting services, you can submit a refund request in a trouble ticket opened from your web hosting control panel, or via email sent to billing@duoservers.com, and receive full refund for your hosting plan within 30 days of the purchasing of the account. Please, NOTE that domain name registrations/transfers are non-refundable services (for more information see chapter 10 of this document).

    SSL certificate issuance, as a third-party service, is not covered by the 30-day money-back guarantee that the Service Provider provides for its web hosting services. An SSL certificate buyer is eligible for a refund within 7 days of purchase.

    All recurring payments, as well as all payments made via a wire transfer, are non-refundable and are not covered by the 30-day money-back guarantee.


    NON-REFUNDABLE SERVICES


    Non-Refundable Services: all service upgrades, wallet refills and plan renewal services purchased from the Web Hosting Control Panel; all 1-year or multi-year domain registration or transfer services purchased at sign-up or from the Web Hosting Control Panel.

    All domain registrations and domain transfers are final, do not include any money-back guarantee and will be subject to a fee that is calculated on the basis of the actual NON-PROMOTIONAL annual price of the purchased domain’s TLD, multiplied by the number of years of registration or transfer. Any refund amount credited back to the Customer in accordance with our 30-day money back guarantee will not include the cost of the non-refundable services (if any) that have been purchased with the Customer’s web hosting plan upon sign-up (i.e. the Customer will be issued a partial refund on the original transaction if he/she has purchased non-refundable services within the web hosting account). A table containing the annual NON-PROMOTIONAL prices of all domain names offered by the Service Provider is located in section 3 of this legal document.


    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 the Service Provider will be subject to full investigation.

    When signing up for a web hosting account with the Service Provider, customers agree to the conditions explicated in our Acceptable Use Policy (AUP) and the Web Hosting Terms of Service (this document). Thus, the Service Provider, as well as our authorized retailers (PayPal, WorldPay, 2CheckOut), 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 the Service Provider’s team will be to try to contact the user. Meanwhile, the user 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 our authorized retailers and the account will be re-activated.

    If the user has sent a chargeback request based on groundless argumentation (to our own judgment and these Web Hosting Terms of Service), then a dispute will be started with our authorized retailers in which the Web Hosting Terms of Service (this document) and the Acceptable Use Policy of the Service Provider will serve as proof 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 the Service Provider has the right to a reverse payment.

    In case that the chargeback originates from a fraudulent user and no reverse payment procedure can be initiated, then the respective hosting account will remain suspended.



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  11. NEWS RELEASES

    Certain sections of the Service Provider’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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  13. TORTUROUS CONDUCT

    Any way of indecent treatment towards a Service Provider’s employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with the Service Provider’s employees regarding any request for help or consultation, or any other reason for contacting the Service Provider’s team 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 the Service Provider’s customer care stuff will be interpreted as a breach of this TOS. The Service Provider 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, including refuse refunds to users whose accounts have been suspended for violating this TOS provision.



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  14. FORCE MAJEURE CIRCUMSTANCES

    The Service Provider CANNOT and WILL NOT be liable for any failure or delay in doing its professional duties resulting from circumstances beyond its physical control. Such circumstances may represent acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbances, 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.



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  15. SERVICE PROVISION; WARRENTIES AND REPRESENTATIONS

    You understand and agree that the Service is provided on an ‘AS-IS’ basis without warranties or representations for its offering. The company bears no responsibility for connection problems in cases when customer’s hosting with the Service Provider confronts with service interruption issues. The Service Provider assumes no liability for any service failure, or failure to deliver or store any Customer communication or personalization settings.



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  16. SERVICE DISCONTINUANCE

    The Service Provider reserves the right to discontinue the delivering of the services and terminate this agreement for a certain period of time or indefinitely, with a prior notice. If the reason for this is Customer’s failure to observe these Web Hosting Terms of Service and/or our Acceptable Use Policy, no refund will be issued to the customer for the unused period of his/her annual subscription with the Service Provider. If the Customer has not violated any part of these Web Hosting Terms of Service, the Acceptable Use Police and/or any other related documents (Customer agreements) mentioned hereby – the Customer will receive partial refund covering the period of his/her web hosting subscription with the Service Provider that has not been used.

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  17. COMPLAINTS PROCEDURE

    The Service Provider is dedicated to providing the highest levels of customer service round the clock. If you feel dissatisfied with any aspect of our service, you are encouraged to make use of our complaints procedure detailed below.

    In order to file a complaint, please send us an email to complaints@duoservers.com, specifying the nature of the problem you are experiencing. Please, provide us with 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:

    1. the Service Provider will confirm receipt of your complaint in writing, notifying you that the complaint will be addressed without delay. The Service Provider reserves the right to refuse to investigate complaints which are apparently frivolous, abusive or offensive.  

    2. the Service Provider’s Customer Care representative will review your situation, search for an appropriate solution and inform you of the timeframe within which a response should be expected.

    3. If the the Service Provider’s Customer Care representative is not able to resolve your case within the pre-announced period, your complaint will be escalated to a Customer Care manager.

    4. If the Service Provider’s Customer Care manager also can’t provide you with an appropriate solution, then your complaint will be forwarded to the Company Director, who will further investigate the situation and ensure that all necessary measures have been taken. The Company Director will respond in writing within two working days, and reply with a solution within five working days.  

    5. An alternative complaint submission method is sending a fax to the following number: +1.510.868.6446



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  18. CUSTOMER SERVICE CONTACT DETAILS



    Customers can get in touch with our Customer Service via any of the contact options listed below:

    1. Open a trouble ticket from the customer Web Hosting Control Panel (section Help Center – > Open New Ticket)

    2. Phone or Fax:

    US TOLL FREE PHONE: +1-855-211-0932
    INTERNATIONAL PHONE: +1-727-546-4678
    UK PHONE : +44-20-3695-1294
    AU PHONE : +61-2-8417-2372

    3. Send us a Letter to:

    LiquidNet US LLC
    6750 North Andrews Ave
    Suite 200
    Fort Lauderdale, FL 33309
    United States of America

    LiquidNet Ltd.
    13 Craigleith
    7 Kersfield Road
    Putney, London SW15 3HN
    United Kingdom

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  19. REVISIONS

    In order to improve its web hosting and customer care services, the Service Provider reserves the right to revise these terms and conditions at any time without prior notice. Customers are encouraged therefore to review this document periodically.



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  20. ASSIGNMENT

    Customers do not have the right to assign this Agreement without the explicit permission of the Service Provider. This Agreement shall be in force and effect to the total benefit of the Customer and the Service Provider, and their successors and permitted assigns.



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  21. TERMINATION

    You agree that the Service Provider, at its sole discretion, may terminate your password, account or use of the Service(or any part thereof), and remove and discard any Content within the Service if you violate this Agreement.

Service Level Guarantees

30 DAY MONEY BACK GUARANTEE

If, for any reason, you are dissatisfied with our hosting services, we will refund your hosting fees at any time during the first 30 days after you have signed up for an account with us. You can email us at billing@duoservers.com and receive full refund for your hosting plan within the 30-day money-back period.

Please, NOTE that domain name registrations are final and non-refundable. As changes are no longer allowed after a registration request is submitted, you should always check for correct spelling before purchasing a domain name.

SERVICE GUARANTEES

99.9% Network Uptime Guarantee
The Service Provider guarantees that your website(s) will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network and server uptime. However, we cannot be held responsible for upstream problems outside of our network and areas where the Service Provider has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Registrar problems with subscribers’ domain names, routing problems between a client’s location and our data center. The uptime guarantee is also not applicable if the service interruption was caused by a natural or unnatural event that is not directly under the control (or jurisdiction) of the Service Provider. The Service Provider may temporarily deny or terminate the Service upon client’s failure to pay their charges at due time.

The Service Provider guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:

a. Server Hardware Breakdown.

b. User error(s) or purposeful interruption(s) (e.g. if the client shuts his/her own server down, the Service Provider is not responsible for the downtime).

c. Failures due to software that is not explicitly supported by the Service Provider. Consequently, if a hardware crash provoked by the customer happens, the Service Provider has no responsibility for the resulting downtime.

Network Outages or Unexpected Downtime is any unplanned or unexpected interruption in the network availability due to hardware, software, network connectivity or data center problem, during which a 100% packet loss is experienced.

Scheduled Downtime is any scheduled interruption of the services for the purpose of network software/hardware upgrades, or replacement of any network equipment in order to be provided better service for the customers. Scheduled downtimes occur within pre-notified downtime periods, with as many warnings as possible sent via e-mail or posted in our news section minimum 24-hour in advance.

SUPPORT RESPONSE GUARANTEE

The Service Provider guarantees 24/7 support available 365 days per year. Support is available via our online Contact Us form, via our phone lines and live chat, and the web hosting control panel integrated ticketing system. Each ticket is replied to within no more than 60 minutes after it has been opened. 

Dedicated 24/7 Support For All Customers

  • 24/7 Ticketing support with 25 minutes average reply time
  • 2 US tel. support lines are available from 4am to 8pm PST
  • An additional UK tel. support line is now available

Acceptable Use Policy

An Acceptable Use Policy (AUP) is a set of rules and conditions compiled by a network, system or a website owner. These rules explicitly define and restrict the ways in which the respective network, system or website may be used.

The AUP of the Service Provider aims to clearly outline the purposes for which our customers CANNOT utilize our hosting services and position data on our network servers.

This Acceptable Use Policy (AUP) is an integral part of the Web Hosting Terms of Service which each customer agrees to abide by when signing up for an account with our web hosting company. Any violation of this AUP will be deemed a violation of our Web Hosting Terms of Service.

We, at our own discretion, shall determine whether an act constitutes a breach of this AUP terms and misuse of our services. We reserve our right to be the sole arbiter in determining the sufficiency of the presented evidences. We will respond accordingly, and/or immediately terminate the provision of the services, shall we receive report, and/or have sufficient proof, of any prohibited conduct outlined in this AUP, or any other activity threatening the security of our hosting environment and/or our network of hosting servers.

In order to protect our company’s reputation and responsibilities, and guarantee state-of-the-art and reliable hosting services to all our customers, as well as privacy and security for all users, we – the Service Provider – hereby outline the following AUP rules and conditions to come into force for each customer signing up for a web hosting account with our company:


1. System Abuse

2. Spam and Spamvertizing

3. Inappropriate or Unlawful Content

4. Copyrights

5. Corrective Actions

6. Reporting Violtaions

7. Revisions



1. SYSTEM ABUSE

Any customer in violation of our 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 our system’s security, authentication measures, data or traffic. Interference with the service to any user, host or network including, but not limited to: e-mail bombing, flooding, deliberate attempts to overload the 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.

  • Any attempt at doing harm to a server or a customer of our web hosting services:

the Service Provider will immediately and resolutely react to any attempt at misuse of an Internet account or computer, or any attempt to gain access to an internet account or computer by a Service Provider’s customer unauthorized by the account/computer owner. Such attempts include, but are not limited to the following: ‘Internet scamming’ (tricking other people into releasing their passwords, etc.), password robbery, security hole scanning, running proxy – proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy), introducing of any computer programs (viruses, Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots, etc.) that are intended to negatively interfere with, intercept, irreversibly damage or take hold of any system, data or personal information. It WILL NOT matter whether the attacked account or computer belongs or not to the Service Provider’s services. The fraud will be subject to actions based on the very nature of the attack and those may represent a warning, an account suspension or cancellation, and/or civil or criminal legal actions.

  • Background operations/programs on servers:

‘Background process’ is a program that runs in the background of the operating system. What is specific for a background process is that, once started, it runs simultaneously with other foreground processes. This means that, the shell executing the background operation does not wait for it to finish or terminate, as it does with foreground processes, but is free to start executing more operations along with the background one. Typical background processes are ircd, irc bot, bnc, and many others.

Background processes are not permitted on any of our shared hosting servers, as they usually lead to CPU overload and can be used for malicious and/or illegal actions. As our primary task is to provide highest quality web hosting service to all our customers, we cannot permit any background processes to be executed and threaten the performance of our server network. Our shared hosting system does not allow a big multitude of users to simultaneously use the system memory and processing time of our servers.

  • Excessive use of system resources:

In order to ensure higher server performance and quality of hosting service all shared hosting plans are subject to certain resource limitations concerning, but not limited to, server CPU usage, Memory usage, disk-space and traffic. If a hosting account exceeds the allowed amount of system resources the account owner will be immediately notified to take actions in order to reduce the usage. If such action is not instantly taken by the owner the account will be suspended. If an excessive CPU usage is detected the account owner will be suggested to place an order for a CPU usage upgrade or upgrade to a plan which allows higher CPU usage.


If any hosting account is found to be causing degradation of the server and/or our hosting network’s performance, regardless of the reason, the account will be subject to suspension or immediate removal, depending on the situation. The Service Provider will be the sole arbiter in determining whether a given account is excessively using the server resources and/or causing a server degradation.


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2. SPAM AND SPAMVERTIZING

SPAMMING IS PROHIBITED. Users MAY NOT utilize our web hosting services to transmit, distribute or deliver any unsolicited bulk or commercial messages over the Internet (an action known as “spam” or “spamming”).

Spamming is a violation of ethic norms and will be interpreted as an infringement. the Service Provider will not tolerate the sending of unsolicited bulk or commercial messages through our services, as well as through another service that is mentioning, in some way, our customer’s domain name or implies the utilization of our network or our e-mail services for sending the unsolicited bulk or messages.

SPAMVERTISING IS PROHIBITED. ‘Spamvertizing’ refers to the practice of sending unsolicited spam messages for the purpose of advertising a particular website.

If such e-mails are relayed through 3rd party (e-mail spoofing) and/or are promoting a domain hosted on our servers, this will lead to immediate account suspension unless an evidence of legitimacy for non-involvement of the domain owner in the particular illegal action is provided.

’E-mail spoofing’ is a fraudulent e-mail activity in which the sender’s (3td party) e-mail address and other parts of the e-mail header are changed so as to appear that the e-mail has been sent from a different source (e-mail address owner/server).

‘Unsolicited message’ is a message that is sent against the privacy policy of a newsgroup, or is sent to a recipient without their explicit permission. We, at our sole discretion, shall determine whether any of the messages you are sending is spam or spamvertizing. For your information, spamming generally includes, but is not limited to the following

  • Sending of unsolicited messages in bulk, or sending of unsolicited e-mails, which provoke complaints from recipients;

  • Sending of junk mail;

  • Use of distribution lists that include people who have not given prior explicit permission to be involved 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;

  • Excessive and repeated cross-posting;

  • E-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting of any threatening, libellous or obscene material, or material of any nature that may be deemed offensive;

  • E-mailing of age-inappropriate communications or content to anyone under the age of 18.


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3. INAPPROPRIATE OR UNLAWFUL CONTENT

CONTENT published or transmitted via the Service Provider’s hosting services includes website content, email content, forum/blog postings, chat content, and/or any other type of content hosted on our servers, published online or transmitted through our network’s services.

The user of our services is NOT permitted to post online content or have links to content that:

  • is defamatory, abusive or obscene, violates a person’s reputation/privacy, is reasonably deemed offensive by the web community, is anti-religious or anti-human rights, or contains any type of threatening or hate speech, encourages harassment or physical harm to any group or individual, or is otherwise malicious/fraudulent and may result in complaints/liabilities/or retaliation against the Service Provider by offended viewers;

  • promotes or encourages illegal activities (e.g. illegal drugs, illegal gambling, arms trafficking, etc.) or violates any applicable law, statute, ordinance or regulation, including but not limited to the laws and regulations governing export control, unfair competition, false advertising, consumer protection, etc.

  • represents pornography – any type of pornographic/adult material, including child pornography, or advertisements of pornographic websites;

  • represents infringement on copyright, patents, trademarks, trade secrets, or third party’s intellectual property or proprietary rights, including pirated computer programs, hacking/phreaking software, warez or any type of software/content (including also ROMs, ROM Emulators, media files – MP3, AVI, .RM, etc., torrent files, and others) that is copyrighted, is NOT uploaded in compliance with its license agreement or is NOT freely available for distribution.


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4. COPYRIGHTS

Copyrighted material must not be placed on customers’ accounts without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will promptly remove the infringing material from the Services. Further procedures (in accordance with our stated below corrective measures) will be carried out if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.


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5. CORRECTIVE ACTIONS

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions.

We will disable the customer’s account if we deem necessary, at our sole discretion. Upon closing of the customer’s account we will send an e-mail notification to the customer, stating the reason for the termination and quoting our terms’ chapter that has been violated. The customer will be given an opportunity to respond and take measures to remedy the situation should he/she consider him/herself abused by a third party. Upon fulfilling of this obligation, we may re-activate the customer’s account, if we find, at our own discretion, sufficient evidence pro customer’s side.


Closed accounts due to repeated violations will not be re-activated. A backup may be requested, however it will be subject to certain penalty fees imposed according to the breach of this AUP terms. The final penalty fee will be determined by the type and frequency of the violations.


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6. REPORTING VIOLATIONS

If you need to report a violation of this AUP agreement or believe that you or your system has been subject to attack originating from our web hosting system, please contact us immediately. Our professional team will investigate the situation and provide you with full assistance.


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7. REVISIONS

We reserve our right to change this AUP at any time, without prior notice. We encourage our users to periodically review this Acceptable Use Policy and our Web Hosting Terms of Service.


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These Terms of Service (the ‘Agreement’) are an agreement between you – the user of our hosting and related services (collectively, the ‘Services’), and MasayaHost, in association with LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. All billing and hosting services are rendered by LiquidNet US LLC and LiquidNet Ltd. (billing operations will be handled here). Legal details about the two companies can be found in the ‘Customer Service Contact Details’ section of this document.

For the sake of brevity, MasayaHost, LiquidNet US LLC and LiquidNet Ltd. will be referred to as ‘We’, ‘Us’, ‘Our’ and ‘Service Provider’ in this document.

When signing up for a Semi-Dedicated hosting account with the Service Provider, the Customer agrees to abide by the rules and provisions explicated in these Semi-Dedicated Terms of Service, as well as all the coherent policies (Order Verification Policy, Acceptable Use Policy, etc.) mentioned herein.

The Customer of our Services should also be aware that when signing up for a Semi-Dedicated hosting account with the Service Provider, 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 the Service Provider 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 Semi-Dedicated server space. We highly recommend that Customers avoid publishing online personal data that could be abused.

  1. SERVICE AGREEMENT; ENTIRE AGREEMENT

    The Service Provider, 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 the Service Provider 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.

    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 the Service Provider and the Customer.

  2. SEMI-DEDICATED SERVER HOSTING SERVICES – FEATURES, RULES FOR ACTIVATION AND PAYMENT BASIS

    1. SERVICE FEATURES

      Basic Features:

      1. Disk Space – UNLIMITED
      2. Traffic – UNLIMITED
      3. Hosted Domains – UNLIMITED
      4. Domain Registration/Transfer – available at a regular or discounted price (depending on the chosen TLD) at Sign Up, and also (later on) as upgrade from the Customer’s Web Hosting Control Panel (at a regular price). Each account can host a maximum of one discounted domain name. Domain registrations are final and are not subject to refund. More information regarding domain names can be found further in this TOS (Terms of Service), in our Domain Name Registration Agreement and in the Domain Name Dispute Resolution Policy.
      5. E-mail accounts – UNLIMITED
      6. MySQL Databases & Database Storage – UNLIMITED
      7. PgSQL Databases & Database Storage – The Semi-Dedicated 1 package has a fixed PgSQL database & database storage quotas – 5 databases and 160 MB database storage. Additional database storage is available as upgrade. Contact sales for pricing.
        The Semi-Dedicated 2 package comes with UNLIMITED PgSQL database & database storage quotas.

      Optional Features:

      1. IP Address – For many customers IP address is important for starting SSL hosts, that’s why we have a dedicated IP addresses featured in both our Semi-Dedicated packages.
      2. SSH – Optional for the Semi-Dedicated 1 package; included in the Semi-Dedicated 2 package.
      3. ID Protection – This service ensures that your private contact information will not be visible in the domain’s WHOIS details. Optional with the two Semi-Dedicated packages, but available only with certain TLDs (not all TLD registries support the IDP service).

      More comprehensive information about all features included in our Semi-Dedicated hosting services is available on our semi-dedicated hosting pages.

    2. INSTALLATION AND TROUBLESHOOTING

      Each customer will be able to take advantage of our Installation & Troubleshooting service upgrade. It allows users to get one-time expert assistance from our technical support team or system administrators for a period of 1 hour. The Installation & Troubleshooting is intended for:

      • Hacked sites cleaning and restoration service
        If you find your website hacked or reported to be infected you can rely on our help getting this fixed for you. This service included a backup of the current content, cleaning and/or restoring broken files from original script installation or restore from a previous copy.
      • Script, theme, plugin installation service
        If you need any software installation, theme/template or even plugin installation that you do not wish to deal with, we can do it for you. We will backup the current site (if any) and complete the desired installation for you.
      • Scripts troubleshooting and debugging services
        In case you have an issue with a software that you are unable to handle, we can do the troubleshooting and fix it for you.
      • Manual files, database or emails transfers between hosting accounts using our services. If you want to move a site or few over to another account we can handle the migration for you hassle free.

      The Installation & Troubleshooting will not apply in the following cases:

      • Our installation service covers only fresh installations (no upgrades). We will not perform custom work or upgrade to a recent version on an already existing scripts.
      • The service will not include any configuration of the scripts beyond their installation. After the scripts are being activated and operational any further tweaking and setup is done by the client.
      • We will only provide installation and troubleshooting if the hosting is provided by us on our Linux Based Servers. We do not provide the service for any Windows, Linux and MAC servers which are not powered and managed by us.
      • We don-t provide any warranties and will not be held responsible for any data loss or any script, theme, plugin not operating as intended.
    3. 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:

      1. The payment of the Semi-Dedicated service is set up on a monthly basis. The Customer agrees to pay for the rendered Service in advance for each monthly service term.
      2. Non-Payment of the Service shall result in an inmediate service suspension at the due date of the monthly fee. The data hosted on the Semi-Dedicated server will be kept for one month, after that it will be permanently deleted.
      3. Setup fees and monthly service fees are non-refundable. The Customer agrees to a no-refund policy in advance.
    4. SERVICE GUARANTEES

      The Service Provider guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:

      1. Server Hardware Breakdown;
      2. User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, the Service Provider is not responsible for the downtime);
      3. Failure due to software that is not explicitly supported by the Service Provider. If a hardware crash provoked by the Customer consequently happens, the Service Provider is beyond the control and responsibility for the resulting downtime.

      For more information, please refer to our Service Level Guarantees.

    5. DATA BACKUP

      Data backup is performed on a daily basis. The backup includes all the contents of a client’s /www/ folder, as well as all databases.

      Important: The available space for a Customer’s backup is 5 GB of disk storage. User accounts with content over 5 GB cannot be (partially or entirely) backed up.

  3. SERVICE ACTIVATION AND CONTINUANCE TIMESCALES

    1. 30-DAY FREE TRIAL

      All our semi-dedicated servers include a 30-day free trial option, which can be enabled as soon as a given Customer has created an account. Only new Customers can take advantage of this possibility. The free trial period itself will expire 30 days after activation.

      During the free trial period, the account will operate with several limitations, which may differ based on the chosen package. More information on the subject will be sent to the Customer on the free trial period’s start date. After the trial period ends, the Customer will no longer have access to the Service unless they complete their purchase.

      All customer’s data will be kept for up to 30 days after the end of the free trial period. In case that the customer does not complete the order procedure within that period, the data will be deleted from our servers.

      At any given time during the free trial period, the Customer may convert their free account into a standard paid account by clicking the “Complete Order” button in the Web Hosting Control Panel.

    2. 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 canceled.

      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.

    3. CONTINUANCE TIMESCALES

      Semi-Dedicated Accounts – The newly-created Semi-Dedicated hosting accounts with the Service Provider 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 Semi-Dedicated server account.

      Domain Name Registrations/Transfers – the Service Provider offers for registration/transfer all TLDs (Top-Level Domains) displayed in the table below. A domain name can be purchased either at sign up together with the Semi-Dedicated account (at a regular or PROMOTIONAL price) or separately (later on) as an upgrade from the Customer’s Web Hosting Control Panel. The table below displays the minimum and maximum registration periods, as well as the annual NON-PROMOTIONAL prices of all TLDs:



      tldmin/max period of registration @ min period price
      .ae1-5 years @ $40.99 per year
      .asia1-10 years @ $19.99 per year
      .at1 years @ $18.99 per year
      .be1 years @ $13.99 per year
      .biz1-10 years @ $17.99 per year
      .ca1-10 years @ $19.99 per year
      .cc1-10 years @ $26.99 per year
      .ch1 years @ $17.99 per year
      .club1-10 years @ $19.99 per year
      .cn1-10 years @ $14.99 per year
      .co1-5 years @ $30.99 per year
      .co.il1 years @ $25.99 per year
      .com1-10 years @ $15.99 per year
      .com.au2 years @ $28.99 per year
      .com.cn1-10 years @ $14.99 per year
      .com.mx1-5 years @ $53.99 per year
      .company1-10 years @ $22.99 per year
      .com.tw1-10 years @ $29.99 per year
      .co.nz1-10 years @ $22.99 per year
      .co.uk1-10 years @ $12.99 per year
      .co.za1 years @ $18.99 per year
      .de1 years @ $13.99 per year
      .deals1-10 years @ $30.99 per year
      .dk1-3,5 years @ $29.99 per year
      .es1-5 years @ $14.99 per year
      .eu1-10 years @ $12.99 per year
      .family1-10 years @ $23.99 per year
      .fi1-5 years @ $19.99 per year
      .fr1 years @ $14.99 per year
      .fun1-10 years @ $22.99 per year
      .gr2 years @ $29.99 per year
      .guru1-10 years @ $30.99 per year
      .host1-10 years @ $74.99 per year
      .hosting1-10 years @ $345.00 per year
      .idv.tw1-10 years @ $29.99 per year
      .ie1-10 years @ $23.99 per year
      .in1-10 years @ $16.99 per year
      .info1-10 years @ $17.99 per year
      .it1 years @ $13.99 per year
      .jp1 years @ $42.99 per year
      .me1-10 years @ $20.99 per year
      .me.uk1-10 years @ $12.99 per year
      .mobi1-10 years @ $22.99 per year
      .mx1-5 years @ $53.99 per year
      .name1-10 years @ $15.99 per year
      .net1-10 years @ $17.99 per year
      .net.au2 years @ $30.99 per year
      .net.cn1-10 years @ $14.99 per year
      .net.nz1-10 years @ $22.99 per year
      .news1-10 years @ $24.99 per year
      .ninja1-10 years @ $21.99 per year
      .nl1 years @ $14.99 per year
      .no1 years @ $16.99 per year
      .nu1-10 years @ $21.99 per year
      .online1-10 years @ $34.99 per year
      .org1-10 years @ $17.99 per year
      .org.au2 years @ $38.99 per year
      .org.cn1-10 years @ $14.99 per year
      .org.nz1-10 years @ $22.99 per year
      .org.tw1-10 years @ $29.99 per year
      .org.uk1-10 years @ $12.99 per year
      .party1-10 years @ $31.99 per year
      .ph1-2,5,10 years @ $56.99 per year
      .pl1-3 years @ $30.99 per year
      .press1-10 years @ $62.99 per year
      .pro1-10 years @ $20.99 per year
      .pt1,3,5 years @ $21.99 per year
      .qa1-5 years @ $40.99 per year
      .ru1 years @ $11.99 per year
      .se1-10 years @ $19.99 per year
      .services1-10 years @ $30.99 per year
      .site1-10 years @ $27.99 per year
      .solutions1-10 years @ $22.99 per year
      .space1-10 years @ $22.99 per year
      .store1-10 years @ $51.99 per year
      .tech1-10 years @ $46.99 per year
      .top1-10 years @ $17.99 per year
      .tv1-10 years @ $33.99 per year
      .tw1-10 years @ $29.99 per year
      .uk1-10 years @ $12.99 per year
      .us1-10 years @ $13.99 per year
      .we.bs1-10 years @ $5.99 per year
      .website1-10 years @ $21.99 per year
      .ws1-10 years @ $29.99 per year
      .xyz1-10 years @ $15.99 per year


      Domain Renewals – Domain names are valid for the period of their registration (domain names can be registered for up to 10 years, depending on the domain name’s TLD extension). After the expiration of a domain name several stages follow regarding its renewal.

      • The domain name Redemption Grace Period (RGP) is a registry level period of up to 30 days after a domain name’s expiration date. During this period the domain name is kept on hold by the Registrar before it gets deleted. The domain registrant is allowed to retrieve the domain name from deletion, but this process costs additional redemption fee. This extra 30-day period extends the time available for renewing domain names. However, all domains that enter a redemption period are removed from the zone files (the list of domain names currently in the global DNS), therefore any web site or e-mail services associated with the domain name will stop working.
      • Extended Redemption Grace Period – the extended redemption period adds another 7 – 30 days to the domain name’s redemption period. During this period the domain name owner is allowed to retrieve the domain name from deletion by contacting the domain’s registrar.
      • After the redemption period of an expired domain name is over, follows the Pending Delete Period – a registry level period of up to 5 days during which no one is allowed to renew the domain name and it cannot be newly registered because it’s still not returned to the public pool of domain names.
      • Released by Registry Period – after the domain name’s ‘Pending Delete Period’ is over, the domain name is released back into the public pool of domain names and is newly available for registration.

      We strongly recommend that Customers renew their domain registrations before their domain names are placed into redemption period. After a domain name transits in redemption period, we are not able to prevent its zone files from being removed from the DNS system, and any web site and associated services will cease working.

      We can assist Customers in retrieving their domain names only if the domain names were registered with us. Customers will be charged a REDEMPTION FEE of $270.00 USD for each domain registration renewal. If the domain name was registered with another registrar, the Customer needs to contact that registrar for more information regarding its retrieving.

  4. CANCELLATION, REFUND & MONEY-BACK; CHARGEBACKS

    1. CANCELLATIONS

      In order to cancel a Semi-Dedicated account, the Customer must send a support ticket to the Service Provider’s Sales Department via his/her Web Hosting Control Panel and provide any authentication credentials requested by the Service Provider. Other forms of cancellation requests will not be accepted.

    2. REFUNDS

      Semi-Dedicated server accounts – The Semi-Dedicated 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.

      Domain Name Registrations/Transfers – Domain name registrations/transfers are also treated as non-refundable services and cannot be cancelled or refunded after activated upon Customer request. The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.

    3. 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 the Service Provider will be subject to full investigation.

      When signing up for a Semi-Dedicated server account with the Service Provider the Customer agrees to the terms and conditions explicated in this document (and its coherent policies). Thus, the Service Provider and its authorized retailers (PayPal, WorldPay, 2CheckOut), 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 the Service Provider’s Customer Care team will be to try to contact the user. Meanwhile, the Customer’s Semi-Dedicated 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 the Service Provider’s own judgment and these Semi-Dedicated Terms of Service), then a dispute will be started with the authorized retailers in which these Terms of Service and the AUP of the Service Provider 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 the Service Provider has the right to a reverse payment.

  5. CUSTOMER RESPONSIBILITIES

    1. 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 the Service Provider has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, the Service Provider 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). If untrue details are used in order to avoid VAT the customer can be held responsible by the respective national tax collecting agency.
      • When introducing any changes to their contact details, Customers are obliged to notify the Service Provider in the course of 10 business days after the changes become valid. The introduction of changes should be done online through the customers’ Web Hosting Control Panel, 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 the Service Provider 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. The Service Provider 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 Semi-Dedicated hosting account is registered with details different than those of the person who paid for the account, and in the case of any dispute, the Service Provider 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.
    2. ACCOUNT USAGE

      • CPU Cores (or usage of the Central Processing Unit(s) of the web server the Customer’s Semi-Dedicated account is hosted on) – The CPU Cores value represents the ability of the semi-dedicated server to use up to 100% of the CPU time of one (or more) server core(s) for no longer than 24 hours.

        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 also suspend 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 10,000 emails per day per Semi-Dedicated server hosting account. Each email message can have up to 300 recipients. Each email account is entitled to 10 GB of storage space and up to 200,000 stored messages. All active email accounts under a semi-dedicated server must not exceed 100 GB in size.

        You can create as many mailboxes as you need under one hosting account as long as you do not interfere with the other users on the server.

        If a given user creates more than 3000 mailboxes under one hosting account, they could cause high server load by just modifying a password or change an alias.

        This is why, if a particular hosting account simultaneously accommodates multiple mailboxes and its owner often executes changes like the ones mentioned above, then we’ll be forced to disable the respective account and ask the client in question to migrate to a more powerful hosting environment where mailbox modification operations cannot lead to server performance issues.

      • File Quota – Each Semi-Dedicated hosting account is entitled to host up to 300,000 files.
      • Disk Space & Traffic – the Service Provider 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. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file 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 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, the Service Provider 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. The MySQL database has a limit of 90,000 queries per hour for Semi-Dedicated package 1 and 130,000 queries for Semi-Dedicated package 2. If the Customer has reached the limit of allowed queries per a given hour, he/she will not be able to make any more queries. In the next hour the Customer will have access to the database again and the counter will be reset.
  6. NO UNLAWFUL OR PROHIBITED USE

    1. SERVER USAGE

      The Service Provider expressly bans the use of any Semi-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 the Service Provider’s Services, other accounts, computer systems or networks connected to any of the Service Provider’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 the Service Provider’s Services. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our Acceptable Use Policy (AUP). If you still have inquiries over the matter, feel free to contact any of our Customer Care representatives.

    2. HOSTED CONTENT

      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 the Service Provider’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 the Service Provider’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, the Service Provider 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. The Service Provider ‘s Semi-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 the Service Provider’s Semi-Dedicated Terms of Service (this document) and the Acceptable Use Policy (AUP).

    3. CUSTOMER AGREEMENT

      As a condition for Customer use of the Service Provider’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). The Service Provider’s Semi-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. The Service Provider reserves the right at any time to disclose any information, as the Service Provider 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 the Service Provider.

  7. E-COMMERCE CUSTOMER WEBSITES

    When buying a Semi-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.

    Each Customer is in charge of all products and services, as well as all contents and materials appearing online, including:

    • the accuracy and relevance of Customer Content, and content and material showcased in the Customer store or on its products;
    • 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;
    • 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.

    Each Customer guarantees to the Service Provider 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 the Service Provider 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 law or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.

    Each Customer empowers the Service Provider to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. The Service Provider is granted the right to estimate, at its own discretion, the extent to which these operations may be carried out.

  8. REFUSAL OF SERVICE

    1. SERVICE DENIAL

      The Service Provider 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 the Service Provider’s Semi-Dedicated servers. The Service Provider reserves the right to refuse Service to unlawful parties.

    2. SERVICE DISCONTINUANCE

      The Service Provider 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 the Service Provider deems, at its sole discretion, has violated any condition of the Service explicated in these Terms and Conditions and/or the Acceptable Use Policy.

  9. MISCELLANEOUS

    1. NEWS RELEASES

      Certain sections of the Service Provider’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.

    2. 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 the Service Provider. 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 the Service Provider should be sent to the address provided on the Service Provider’s website.

    3. COMPLAINTS PROCEDURE

      The Service Provider 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 send us an email to complaints@duoservers.com, 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.

      Here are our steps of addressing every single complaint:

      1. The Service Provider will confirm receipt of your complaint in writing, confirming that the complaint will be addressed without delay. The Service Provider reserves the right to refuse to investigate a complaint that is obviously frivolous, abusive or offensive.
      2. The Service 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.
      3. If the Service Provider’s Customer Care representative can’t resolve your complaint within the pre-announced period, your complaint will be escalated to a Customer Care manager.
      4. If the Customer Care manager can’t resolve your complaint, as well, it will be forwarded to the Company Director, 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.
      5. An alternative complaint method is submitting a fax to the following number: 510.868.6446
    4. TORTUROUS CONDUCT

      Any way of indecent treatment towards a Service 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 the Service Provider’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 the Service Provider’s Customer Care stuff will be interpreted as a breach of this TOS. The Service Provider 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.

    5. CUSTOMER SERVICE CONTACT DETAILS

      Customers can get in touch with our Customer Care representatives via any of the options listed below.

      Technical Support

      Via the ticketing systems – open a trouble ticket from the Web Hosting Control Panel (section Help Center – > Open New Ticket). 1-hour support response is guaranteed! (anchor to 1-hour Support Response Guarantee from Service Level Guarantees popup)

      Pre-sale and general questions

      1. Phone us at:
        US TOLL FREE PHONE: +1-855-211-0932
        INTERNATIONAL PHONE: +1-727-546-4678
        UK PHONE : +44-20-3695-1294
        AU PHONE : +61-2-8417-2372
      2. E-mail us using our Contact Us form
      3. Use our Live Chat
      4. Send us a Letter to:

        LiquidNet US LLC
        6750 North Andrews Ave
        Suite 200
        Fort Lauderdale, FL 33309
        United States of America

        LiquidNet Ltd.
        13 Craigleith
        7 Kersfield Road
        Putney, London SW15 3HN
        United Kingdom
  10. GENERAL REGULATIONS

    1. GOVERNING LAW

      This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, US.

    2. 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.

    3. 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.

    4. INDEMNIFICATION

      The Customer agrees to indemnify the Service Provider, 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.

    5. LIMITATION ON THE SERVICE PROVIDER’S LIABILITY

      Force Majeure Circumstances – the Service Provider 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.

      Damages & Losses – the Service Provider 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 the Service Provider’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 – the Service Provider 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 the Service Provider shall have no liability therefore.

    6. ASSIGNMENT

      Customers do not have the right to assign this Agreement without the explicit permission of the Service Provider. This Agreement shall be in force and effect to the total benefit of the Customer and the Service Provider and their successors and permitted assigns.

    7. REVISIONS

      The Service Provider reserves the right to revise this document at any time, without prior notice. Customers are encouraged therefore to periodically review these Semi-Dedicated Terms of Service and the Acceptable Use Policy.

Service Level Guarantees

SERVICE GUARANTEES

99.9% Network Uptime Guarantee
The Service Provider guarantees that your website(s) will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network and server uptime. However, we cannot be held responsible for upstream problems outside of our network and areas where the Service Provider has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Registrar problems with subscribers’ domain names, routing problems between a client’s location and our data center. The uptime guarantee is also not applicable if the service interruption was caused by a natural or unnatural event that is not directly under the control (or jurisdiction) of the Service Provider. The Service Provider may temporarily deny or terminate the Service upon client’s failure to pay their charges at due time.

The Service Provider guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:

a. Server Hardware Breakdown.

b. User error(s) or purposeful interruption(s) (e.g. if the client shuts his/her own server down, the Service Provider is not responsible for the downtime).

c. Failures due to software that is not explicitly supported by the Service Provider. Consequently, if a hardware crash provoked by the customer happens, the Service Provider has no responsibility for the resulting downtime.

Network Outages or Unexpected Downtime is any unplanned or unexpected interruption in the network availability due to hardware, software, network connectivity or data center problem, during which a 100% packet loss is experienced.

Scheduled Downtime is any scheduled interruption of the services for the purpose of network software/hardware upgrades, or replacement of any network equipment in order to be provided better service for the customers. Scheduled downtimes occur within pre-notified downtime periods, with as many warnings as possible sent via e-mail or posted in our news section minimum 24-hour in advance.

SUPPORT RESPONSE GUARANTEE

The Service Provider guarantees 24/7 support available 365 days per year. Support is available via our online Contact Us form, via email and via the Web Hosting Control Panel integrated ticketing system. Each ticket is replied to within no more than 60 minutes after it has been opened.

An Acceptable Use Policy (AUP) is a set of rules and conditions systematized by a network, system or a website owner that define and restrict the ways in which the network, system or website may be utilized.

The AUP of the Service Provider is aimed at explicitly outlining the purposes for which customers CANNOT use our SEMI-DEDICATED hosting services and position data on our network servers.

This Acceptable Use Policy (AUP) is accepted as part of the Semi-Dedicated Terms of Service each customer agrees to abide by when signing up for a Semi-Dedicated server account with our hosting services. Any violation of these AUP terms will be considered as violation of our Semi-Dedicated Terms of Service.

We – the Service Provider, shall be the final part to determine whether an act constitutes a violation of this AUP and misuse of our services. We reserve our right to respond accordingly and/or immediately terminate the provision of the services, shall we become aware, and/or have sufficient evidence, of any prohibited conduct outlined in this AUP, or any other action threatening the secure environment of our Semi-Dedicated hosting customers and/or network of servers. We shall be the sole arbiter in determining the sufficiency of the present evidences.

In order to protect our company’s reputation and responsibilities, and guarantee robust and reliable Semi-Dedicated hosting services to all our customers, as well as the privacy and security of all our individual users, we – the Service Provider – hereby state the following AUP conditions to come into force for each user signing up for a Semi-Dedicated server account with our hosting services:

  1. System Abuse
  2. Email Policies
  3. Inappropriate or Unlawful Content
  4. Copyrights
  5. Corrective Actions
  6. Reporting Violations
  7. Revisions
  1. SYSTEM ABUSE

    Any Semi-Dedicated hosting customer in violation of our system or network security will be 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 our system’s security, authentication measures, data or traffic. Interference with the service to any user, host or network including, but not limited to: e-mail bombing, flooding, deliberate attempts to overload the 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.

    • Any attempt at doing harm to a server or a customer of the Service Provider’s services:

      The Service Provider will immediately and resolutely react to any attempt at misuse of an Internet account or computer, or any attempt to gain access to an internet account or computer by a Service Provider Semi-Dedicated hosting customer unauthorized by the account/computer owner. Such attempts include, but are not limited to the following: -˜Internet scamming’ (tricking other people into releasing their passwords, etc.), password robbery, security hole scanning, running proxy – proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy), introducing of any computer programs (viruses, Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots, etc.) that are intended to negatively interfere with, intercept, irreversibly damage or take hold of any system, data or personal information. It WILL NOT matter whether the attacked account or computer belongs or not to the Service Provider’s services. The fraud will be subject to actions based on the very nature of the attack and those may represent a warning, an account suspension or cancellation, and/or civil or criminal legal actions.

    • Background operations/programs on servers:

      -˜Background process’ is a program that runs in the background of the operating system. What is specific for a background process is that, once started, it runs simultaneously with other foreground processes. This means that, the shell executing the background operation does not wait for it to finish or terminate, as it does with foreground processes, but is free to start executing more operations along with the background one. Typical background processes are ircd, irc bot, bnc, and many others.

      Background processes are not permitted on any of our Semi-Dedicated servers, as they usually lead to CPU overload and can be used for malicious and/or illegal actions. As our primary task is to provide highest quality web hosting service to all our customers, we cannot permit any background processes to be executed and threaten the performance of our server network.

    • Excessive use of system resources:

      In order to ensure higher server performance and quality of the Semi-Dedicated server hosting service, all Semi-Dedicated server accounts are subject to certain resource limitations concerning, but not limited to, server CPU usage, database usage, etc. If a hosting account exceeds the allowed amount of system resources, the account owner will be immediately notified to take actions in order to decrease the usage. If such action is not instantly taken by the owner, the account will be suspended. When an excessive CPU usage is detected the account owner may be also suggested to place an order for a CPU upgrade or a higher-resources Semi-Dedicated, VPS or Dedicated hosting package.

      If any Semi-Dedicated server hosting account is found to be causing degradation of the server and/or our hosting network’s performance, regardless of the reason, the account will be subject to suspension or immediate removal, depending on the situation. The Service Provider will be the sole arbiter in determining whether a given account is excessively using the server resources and/or causing server degradation.

  2. EMAIL POLICIES

    SPAMMING IS PROHIBITED. Users MAY NOT utilize our Semi-Dedicated server hosting services to transmit, distribute or deliver any unsolicited bulk or commercial messages over the Internet (an action known as “spam” or “spamming”).

    Spamming is a violation of ethic norms and will be interpreted as an infringement. The Service Provider will not tolerate the sending of unsolicited bulk or commercial messages through our Semi-Dedicated server server hosting services, as well as through another service that is mentioning, in some way, our customer’s domain name or implies the utilization of our server network or our e-mail services for sending the unsolicited bulk or messages.

    SPAMVERTISING IS PROHIBITED. -˜ ‘Spamvertizing’ refers to the practice of sending unsolicited spam messages for the purpose of advertising a particular website.

    If such e-mails are relayed through 3rd party (e-mail spoofing) and/or are promoting a domain hosted on our servers, this will lead to immediate account suspension unless an evidence of legitimacy for non-involvement of the domain owner in the particular illegal action is provided.

    ‘E-mail spoofing’ is a fraudulent e-mail activity in which the sender’s (3td party) e-mail address and other parts of the e-mail header are changed so as to appear that the e-mail has been sent from a different source (e-mail address owner/server).

    ‘Unsolicited message’ is a message that is sent against the privacy policy of a newsgroup, or is sent to a recipient without their explicit permission. We, at our sole discretion, shall determine whether any of the messages you are sending is spam or spamvertizing. For your information, spamming generally includes, but is not limited to the following

    • Sending of unsolicited messages in bulk, or sending of unsolicited e-mails, which provoke complaints from recipients;
    • Sending of junk mail;
    • Use of distribution lists that include people who have not given prior explicit permission to be involved 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;
    • Excessive and repeated cross-posting;
    • E-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting of any threatening, libellous or obscene material, or material of any nature that may be deemed offensive;
    • E-mailing of age-inappropriate communications or content to anyone under the age of 18.

    BLOCK REMOVAL: If Customer actions have caused Company mail servers or Company IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the Internet, the Customer will incur a $100 charge to the Customer’s account and $100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

    • Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
    • Header Forgery: Forgery of email headers (‘spoofing’) is prohibited.
    • Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
    • Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.

    MASS MAILINGS: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to the Company upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited. 

    MAILING LISTS: Company’s mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by the Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to the Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future

  3. INAPPROPRIATE OR UNLAWFUL CONTENT

    CONTENT published or transmitted via the Service Provider’s Semi-Dedicated hosting services includes website content, email content, forum/blog postings, chat content, and/or any other type of content hosted on our servers, published online or transmitted through our Semi-Dedicated server hosting services.

    The user of our Semi-Dedicated server hosting services is NOT permitted to post online content or have links to content that:

    • is defamatory, abusive or obscene, violates a person’s reputation/privacy, is reasonably deemed offensive by the web community, is anti-religious or anti-human rights, or contains any type of threatening or hate speech, encourages harassment or physical harm to any group or individual, or is otherwise malicious/fraudulent and may result in complaints/liabilities/or retaliation against the Service Provider by offended viewers;
    • promotes or encourages illegal activities (e.g. illegal drugs, illegal gambling, arms trafficking, etc.) or violates any applicable law, statute, ordinance or regulation, including but not limited to the laws and regulations governing export control, unfair competition, false advertising, consumer protection, etc.
    • represents pornography – any type of pornographic/adult material, including child pornography, or advertisements of pornographic websites;
    • represents infringement on copyright, patents, trademarks, trade secrets, or third party’s intellectual property or proprietary rights, including pirated computer programs, hacking/phreaking software, warez or any type of software/content (including also ROMs, ROM Emulators, media files – MP3, AVI, .RM, etc., torrent files, and others) that is copyrighted, is NOT uploaded in compliance with its license agreement or is NOT freely available for distribution.
  4. COPYRIGHTS

    Copyrighted material must not be placed on customers’ Semi-Dedicated accounts without the explicit permission of the copyright owner or a person specifically authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will promptly remove the infringing material from the services. Further procedures (in accordance with our stated below corrective measures) will be carried out if necessary. We will assume no liability to any customer of the Semi-Dedicated hosting services for the removal of any such material.

  5. CORRECTIVE ACTIONS

    We reserve our right to be the sole arbiter in determining the seriousness of each infringement of this AUP and to immediately take corrective actions.

    We will disable the customer’s Semi-Dedicated hosting account if we deem necessary, at our sole discretion. Upon closing of the customer’s account we will send an e-mail notification to the customer, stating the reason for the termination and quoting our terms’ chapter that has been violated. The customer will be given an opportunity to respond and take measures to remedy the situation should he/she consider him/herself abused by a third party. Upon fulfilling of this obligation, we may re-activate the customer’s Semi-Dedicated account, if we find, at our own discretion, sufficient evidence pro customer’s side.

    Closed Semi-Dedicated accounts due to repeated violations will not be re-activated. A backup may be requested, however it will be subject to certain penalty fees imposed according to the breach of this AUP terms. The final penalty fee will be determined by the type and frequency of the violations.

  6. REPORTING VIOLATIONS

    If you need to report a violation of this AUP agreement or believe that you or your system has been subject to attack originating from our hosting network, please contact us immediately. Our team will fully investigate the situation and provide you with professional assistance.

  7. REVISIONS

    We reserve our right to change this AUP at any time, without prior notice. We encourage our Semi-Dedicated hosting users to periodically review this Acceptable Use Policy and our Semi-Dedicated Terms of Service.

These Terms of Service (the ‘Agreement’) are an agreement between you – the user of our hosting and related services (collectively, the ‘Services’), and MasayaHost, in association with LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. All billing and hosting services are rendered by LiquidNet US LLC and LiquidNet Ltd. (billing operations will be handled here). Legal details about the two companies can be found in the ‘Customer Care Service’ section of this document.

For the sake of brevity, MasayaHost, LiquidNet US LLC and LiquidNet Ltd. will be referred to as ‘We’, ‘Us’, ‘Our’ and ‘Service Provider’ in this document.

When signing up for a VPS hosting account with the Service Provider, the Customer agrees to abide by the rules and provisions explicated in these VPS Terms of Service, as well as all their coherent policies (Order Verification Policy, Acceptable Use Policy, etc.) mentioned herein.

The Customer of our Services should also be aware that when signing up for a VPS hosting account with the Service Provider, 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 the Service Provider 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 VPS server space. We highly recommend that Customers avoid publishing online personal data that could be abused.

  1. SERVICE AGREEMENT; ENTIRE AGREEMENT

    The Service Provider 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 the Service Provider 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.

    The Service Agreement, together with the Order Verification Policy, the Acceptable Use Policy (AUP), and any other policies or agreements mentioned in this document, constitute the whole act of convention between the Service Provider and the Customer.

  2. VPS SERVER HOSTING SERVICES – FEATURES, RULES FOR ACTIVATION AND PAYMENT BASIS

    Upon submitting of the online order form, the Customer agrees to abide by our Order Verification Policy and the following provisions:

    1. The payment for the VPS service is set up on a monthly basis. The Customer agrees to pay for the rendered VPS hosting services in advance of each monthly service cycle.

    2. If the Customer fails to follow the monthly billing cycle, the rendered VPS hosting services will be suspended immediately. The data hosted on the VPS server will be kept intact for one month, after that it will be permanently erased.

    3. During a promotion campaign, a customer can purchase a maximum of 4 VPS packages, regardless of their type.

    4. The Customer agrees to observe the following VPS server usage limitations:

      • Opened files: barrier 188; max. 206

      • Rules in IP tables: max. 128

      • Running processes: max. 2048

      • TCP sockets: max. 360

      • Ptty: max. 16

    5. All OpenVZ VPS packages in the Australian data center offer 2-Mbps bandwidth quotas.
    6. Setup fees and monthly service fees are non-refundable. The Customer agrees to a no-refund policy in advance.


  3. SERVICE GUARANTEES; DATA BACKUP

    1. SERVICE GUARANTEES

      The Service Provider guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:

      1. Server Hardware Breakdown;

      2. User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, the Service Provider is not responsible for the downtime);

      3. Failure due to software that is not explicitly supported by the Service Provider. If a hardware crash provoked by the Customer consequently happens, the Service Provider is beyond the control and responsibility for the resulting downtime.

      For more information, please refer to our Service Level Guarantees.



    2. DATA BACKUP

      Due to the specificity of the VPS service, providing Customers with fully independent and self-managed hosting environment, the DATA BACKUP of all Customer’s website contents and databases is solely Customer’s responsibility, as well.

      A weekly VPS backup option is available in the Managed Services package offered as an add-on administration service with each VPS plan. A weekly VPS backup is also available as a separate addon service.



  4. SERVICE ACTIVATION AND CONTINUANCE TIMESCALES

    1. 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 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.

      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.



    2. CONTINUANCE TIMESCALES

      VPS Accounts – The newly-created VPS hosting accounts with the Service Provider 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 VPS server account.

      Domain Name Registrations/Transfers – the Service Provider offers for registration/transfer all TLDs (Top-Level Domains) displayed in the table below. A domain name can be purchased either at sign up together with the VPS account (at a regular or PROMOTIONAL price) or separately (later on) as an upgrade from the Customer’s Billing Manager. The Customer agrees to abide by the Service Provider’s Domain Name Registration Agreement and Domain Name Dispute Resolution Policy. The table below displays the minimum and maximum registration periods, as well as the annual NON-PROMOTIONAL prices of all TLDs:

      tldmin/max period of registration @ min period price
      .ae1-5 years @ $40.99 per year
      .asia1-10 years @ $19.99 per year
      .at1 years @ $18.99 per year
      .be1 years @ $13.99 per year
      .biz1-10 years @ $17.99 per year
      .ca1-10 years @ $19.99 per year
      .cc1-10 years @ $26.99 per year
      .ch1 years @ $17.99 per year
      .club1-10 years @ $19.99 per year
      .cn1-10 years @ $14.99 per year
      .co1-5 years @ $30.99 per year
      .co.il1 years @ $25.99 per year
      .com1-10 years @ $15.99 per year
      .com.au2 years @ $28.99 per year
      .com.cn1-10 years @ $14.99 per year
      .com.mx1-5 years @ $53.99 per year
      .company1-10 years @ $22.99 per year
      .com.tw1-10 years @ $29.99 per year
      .co.nz1-10 years @ $22.99 per year
      .co.uk1-10 years @ $12.99 per year
      .co.za1 years @ $18.99 per year
      .de1 years @ $13.99 per year
      .deals1-10 years @ $30.99 per year
      .dk1-3,5 years @ $29.99 per year
      .es1-5 years @ $14.99 per year
      .eu1-10 years @ $12.99 per year
      .family1-10 years @ $23.99 per year
      .fi1-5 years @ $19.99 per year
      .fr1 years @ $14.99 per year
      .fun1-10 years @ $22.99 per year
      .gr2 years @ $29.99 per year
      .guru1-10 years @ $30.99 per year
      .host1-10 years @ $74.99 per year
      .hosting1-10 years @ $345.00 per year
      .idv.tw1-10 years @ $29.99 per year
      .ie1-10 years @ $23.99 per year
      .in1-10 years @ $16.99 per year
      .info1-10 years @ $17.99 per year
      .it1 years @ $13.99 per year
      .jp1 years @ $42.99 per year
      .me1-10 years @ $20.99 per year
      .me.uk1-10 years @ $12.99 per year
      .mobi1-10 years @ $22.99 per year
      .mx1-5 years @ $53.99 per year
      .name1-10 years @ $15.99 per year
      .net1-10 years @ $17.99 per year
      .net.au2 years @ $30.99 per year
      .net.cn1-10 years @ $14.99 per year
      .net.nz1-10 years @ $22.99 per year
      .news1-10 years @ $24.99 per year
      .ninja1-10 years @ $21.99 per year
      .nl1 years @ $14.99 per year
      .no1 years @ $16.99 per year
      .nu1-10 years @ $21.99 per year
      .online1-10 years @ $34.99 per year
      .org1-10 years @ $17.99 per year
      .org.au2 years @ $38.99 per year
      .org.cn1-10 years @ $14.99 per year
      .org.nz1-10 years @ $22.99 per year
      .org.tw1-10 years @ $29.99 per year
      .org.uk1-10 years @ $12.99 per year
      .party1-10 years @ $31.99 per year
      .ph1-2,5,10 years @ $56.99 per year
      .pl1-3 years @ $30.99 per year
      .press1-10 years @ $62.99 per year
      .pro1-10 years @ $20.99 per year
      .pt1,3,5 years @ $21.99 per year
      .qa1-5 years @ $40.99 per year
      .ru1 years @ $11.99 per year
      .se1-10 years @ $19.99 per year
      .services1-10 years @ $30.99 per year
      .site1-10 years @ $27.99 per year
      .solutions1-10 years @ $22.99 per year
      .space1-10 years @ $22.99 per year
      .store1-10 years @ $51.99 per year
      .tech1-10 years @ $46.99 per year
      .top1-10 years @ $17.99 per year
      .tv1-10 years @ $33.99 per year
      .tw1-10 years @ $29.99 per year
      .uk1-10 years @ $12.99 per year
      .us1-10 years @ $13.99 per year
      .we.bs1-10 years @ $5.99 per year
      .website1-10 years @ $21.99 per year
      .ws1-10 years @ $29.99 per year
      .xyz1-10 years @ $15.99 per year


      Domain Renewals – Domain names are valid for the period of their registration (domain names can be registered for up to 10 years, depending on the domain name’s TLD extension). After the expiration of a domain name several stages follow regarding its renewal.



      • The domain name Redemption Grace Period (RGP) is a registry level period of up to 30 days after a domain name’s expiration date. During this period the domain name is kept on hold by the Registrar before it gets deleted. The domain registrant is allowed to retrieve the domain name from deletion, but this process costs additional redemption fee. This extra 30-day period extends the time available for renewing domain names. However, all domains that enter a redemption period are removed from the zone files (the list of domain names currently in the global DNS), therefore any web site or e-mail services associated with the domain name will stop working.

      • Extended Redemption Grace Period – the extended redemption period adds another 7 – 30 days to the domain name’s redemption period. During this period the domain name owner is allowed to retrieve the domain name from deletion by contacting the domain’s registrar.

      • After the redemption period of an expired domain name is over, follows the Pending Delete Period – a registry level period of up to 5 days during which no one is allowed to renew the domain name and it cannot be newly registered because it’s still not returned to the public pool of domain names.

      • Released by Registry Period – after the domain name’s ‘Pending Delete Period’ is over, the domain name is released back into the public pool of domain names and is newly available for registration.



      We strongly recommend that Customers renew their domain registrations before their domain names are placed into redemption period. After a domain name transits in redemption period, we are not able to prevent its zone files from being removed from the DNS system, and any web site and associated services will cease working.

      We can assist Customers in retrieving their domain names only if the domain names were registered with us. Customers will be charged a REDEMPTION FEE of $270.00 USD for each domain registration renewal. If the domain name was registered with another registrar, the Customer needs to contact that registrar for more information regarding its retrieving.



  5. CANCELLATION, REFUND & MONEY-BACK; CHARGEBACKS

    1. CANCELLATIONS

      In order to cancel a VPS account, the Customer must send a support ticket to the Service Provider’s Sales Department via his/her Billing Manager and provide any authentication credentials requested by the Service Provider. Any other form of cancellation request will not be accepted.

    2. REFUNDS

      VPS accounts – The 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.

      Domain Name Registrations/Transfers – Domain name registrations/transfers are also treated as non-refundable services and cannot be canceled or refunded after activated upon Customer request. The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.

    3. 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 the Service Provider will be subject to full investigation.

      When signing up for a VPS account with the Service Provider, the Customer agrees to the terms and conditions explicated in this document (and its coherent policies). Thus, the Service Provider, as well as the Service Provider’s authorized retailers (PayPal, WorldPay, 2CheckOut), 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 the Service Provider’s Customer Care team will be to try to contact the user. Meanwhile, the Customer’s 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 the Service Provider’s own judgment and these VPS Terms of Service), then a dispute will be started with the authorized retailers in which the VPS Terms of Service and the AUP of the Service Provider 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 the Service Provider 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 VPS account will remain suspended and a $30 USD fee will be withdrawn from the commission of the reseller (the client of our Free Reseller Hosting Program) whose client’s account (the end-client) has been the reason for the chargeback (in order to be covered the fees imposed to the Service Provider from our authorized retailers for the claimed unauthorized transaction).


  6. VPS RESELLER TOOLS

    An eNom domain reseller account is available as a free bonus with all VPS server packages. A free billing account is included in the Ultra VPS plan. The VPS reseller tools are installed per user’s request.



  7. CUSTOMER RESPONSIBILITIES

    1. 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 the Service Provider has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, the Service Provider 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). If untrue details are used in order to avoid VAT the customer can be held responsible by the respective national tax collecting agency.

      • When introducing any changes to their contact details, Customers are obliged to notify the Service Provider in the course of 10 business days after the changes become valid. The introduction of changes should be done online through the customers’ VPS Billing Manager, 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 the Service Provider 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. The Service Provider 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 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, the Service Provider 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.



    2. SERVER USAGE

      • CPU Usage (or usage of the Central Processing Unit(s) of the web server the Customer’s account is hosted on) – the CPU usage is subject to some regulations. VPS hosting accounts can exploit proportional shares of the main server’s CPU cores. The Service Provider explicitly recommends that Customers be very judicious when using the CPU power for their accounts. We reserve the right to block (suspend) accounts that excessively use CPU. If such measures are taken, we will notify the Customer and give him/her an opportunity to upgrade to a different VPS package or a dedicated server hosting solution.

      • Guaranteed RAM – Each VPS hosting account has guaranteed RAM that it’s able to use. This RAM is available at all times to the VPS server.

      • Memory Latency – The memory latency of a VPS server cannot exceed 1000 cycles for a period of more than 10 seconds. We reserve the right to block (suspend) accounts that generate a memory latency of 1000 cycles or more for more than 10 seconds. If such measures are about to be taken, we will notify the Customer and give him/her an opportunity to upgrade to a dedicated server hosting solution.

      • IP Address Allocation – Each VPS hosting account comes with a Dedicated IP Address. The Customer agrees to add new IP addresses to his server only via the Service Provider’s upgrade table.



  8. NO UNLAWFUL OR PROHIBITED USE

    1. SERVER USAGE

      The Service Provider expressly bans the use of any 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 the Service Provider’s Services, other accounts, computer systems or networks connected to any of the Service Provider’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 the Service Provider’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.

    2. HOSTED CONTENT

      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 the Service Provider’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 the Service Provider’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, the Service Provider 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. the Service Provider’s VPS 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 Service Provider’s VPS Terms of Service (this document) and the Acceptable Use Policy (AUP).

    3. CUSTOMER AGREEMENT

      As a condition for Customer use of the Service Provider’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). the Service Provider’s VPS 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. The Service Provider reserves the right at any time to disclose any information, as the Service Provider 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 the Service Provider.



  9. E-COMMERCE CUSTOMER WEBSITES

    When buying a VPS 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.



    Each Customer is in charge of all products and services, as well as all contents and materials appearing online, including:

    • the accuracy and relevance of Customer Content, and content and material showcased in the Customer store or on its products;

    • 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;

    • 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.



    Each Customer guarantees to the Service Provider 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 the Service Provider 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 law or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.

    Each Customer empowers the Service Provider to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. The Service Provider is granted the right to estimate, at its own discretion, the extent to which these operations may be carried out.



  10. REFUSAL OF SERVICE

    1. SERVICE DENIAL

      The Service Provider 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 the Service Provider’s VPS servers. the Service Provider reserves the right to refuse Service to unlawful parties.

    2. SERVICE DISCONTINUANCE

      The Service Provider reserves the right to discontinue, at his own discretion, the Service provision to any subscriber that has violated the VPS Terms of Service and/or the VPS Acceptable Use Policy. In case that the Service provision has been discontinued by the Service Provider with no explicitly stated reason, the customer will be refunded the last payment for their VPS server.



  11. MISCELLANEOUS

    1. 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 the Service Provider. 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 the Service Provider should be sent to the address provided on the Service Provider’s website.

    2. COMPLAINTS PROCEDURE

      The Service Provider 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.

      In order to file a complaint, please send us an email to complaints@duoservers.com, 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.

      Here are our steps of addressing every single complaint:

      • The Service Provider will confirm receipt of your complaint in writing, confirming that the complaint will be addressed without delay. The Service Provider reserves the right to refuse to investigate a complaint that is obviously frivolous, abusive or offensive.

      • A Service 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.

      • If the Service Provider’s Customer Care representative can’t resolve your complaint within the pre-announced period, your complaint will be escalated to a Customer Care manager.

      • If the Customer Care manager can’t resolve your complaint, as well, it will be forwarded to the Company Director, 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.

      • An alternative complaint method is submitting a fax to the following number: 510.868.6446

    3. TORTUROUS CONDUCT

      Any way of indecent treatment towards a Service 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 the Service Provider’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 the Service Provider’s Customer Care stuff will be interpreted as a breach of this TOS. The Service Provider 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.

    4. CUSTOMER CARE SERVICE

      Technical Support

      Due to the specificity of the Service, Customers are fully in charge of the management and maintenance of their VPS. However, if they need assistance or want to leave this task to our highly-qualified administrators department, they can avail of our Managed Support service available at a monthly fee of $15 USD.

      Control Panel Migration procedures

      If the Customer wants to switch their VPS Control Panel installation from cPanel to DirectAdmin or vice versa, then they will need to follow a pre-defined Control Panel migration procedure.

      1. The Customer needs to purchase a new VPS server with an installation of the Control Panel (cPanel or DirectAdmin), which they want to migrate to.

        • If the Customer requests a migration of their current VPS server within 7 days of the last subscription payment date – all the current main service and upgrade payments will be cancelled and refunded. All recurring contracts associated with this VPS account will be canceled too. The VPS server itself will be terminated within 24 hours after the new VPS has been set up and its corresponding account will be closed.

        • If the migration procedure is requested more than 7 days after the last transaction, the Service Provider will cancel all recurring contracts associated with the current VPS account, but no payments will be refunded.
          Once all the data has been migrated to the new VPS server, the current VPS server subscription should be left to expire, and the client can use it during this period.

      2. The migration procedure can be carried out by the Customer following the instructions provided by the Service Provider.

      3. Upon customer’s request the procedure can be accomplished by the Service Provider. In the event of a problem during the migration procedure, the Service Provider will terminate the process. In such cases, the Customer agrees to cover a fee of $ 15.00 USD prior to the completion of the procedure.

      4. In case that the migration is terminated by the Service Provider, the Customer can complete the process by themselves without paying any additional fees.

      Pre-sale and general questions

      Customers may use any of the support options listed below:

      • E-mail us using our Contact Us form

      • Use our Live Chat

      • Open a trouble ticket from the Customer’s VPS Billing Manager. 1-hour support response is guaranteed!

      • Phone us at:

        US TOLL FREE PHONE: +1-855-211-0932
        INTERNATIONAL PHONE: +1-727-546-4678
        UK PHONE : +44-20-3695-1294
        AU PHONE : +61-2-8417-2372

      • Send us a Letter to:

        LiquidNet US LLC
        6750 North Andrews Ave
        Suite 200
        Fort Lauderdale, FL 33309
        United States of America

        LiquidNet Ltd.
        13 Craigleith
        7 Kersfield Road
        Putney, London SW15 3HN
        United Kingdom



  12. GENERAL REGULATIONS

    1. GOVERNING LAW

      This Agreement shall be governed by and construed in accordance with the laws of England.

    2. 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.

    3. 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.

    4. INDEMNIFICATION

      The Customer agrees to indemnify the Service Provider, 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.

    5. LIMITATION ON SERVICE PROVIDERS’S LIABILITY

      Force Majeure Circumstances – the Service Provider 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.

      Damages & Losses – the Service Provider 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 the Service Provider’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 – the Service Provider 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 the Service Provider shall have no liability therefore.

    6. ASSIGNMENT

      Customers do not have the right to assign this Agreement without the explicit permission of the Service Provider. This Agreement shall be in force and effect to the total benefit of the Customer and the Service Provider and their successors and permitted assigns.

    7. REVISIONS

      The Service Provider reserves the right to revise this document at any time, without prior notice. Customers are encouraged therefore to periodically review these VPS Terms of Service and the Acceptable Use Policy.

Service Level Guarantees

SERVICE GUARANTEES

99.9% Network Uptime Guarantee
The Service Provider guarantees that the main virtual machine where your VPS is located will be up and running at least 99.9% of the time during your subscription with us. However, we cannot be held responsible for upstream problems outside of our network and areas where the Service Provider has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Registrar problems with subscribers’ domain names, routing problems between a client’s location and our data center. The uptime guarantee is also not applicable if the service interruption was caused by a natural or unnatural event that is not directly under the control (or jurisdiction) of the Service Provider. The Service Provider may temporarily deny or terminate the Service upon client’s failure to pay their charges at due time.

The Service Provider guarantees 99.9% network uptime and server stability for the main virtual machine. This, however, does not refer to problems stemming from:

a. Server Hardware Breakdown.

b. User error(s) or purposeful interruption(s) (e.g. if the client shuts his/her own server down, the Service Provider is not responsible for the downtime).

c. Failures due to software that is not explicitly supported by the Service Provider. Consequently, if a hardware crash provoked by the customer happens, the Service Provider has no responsibility for the resulting downtime.

Network Outages or Unexpected Downtime is any unplanned or unexpected interruption in the network availability due to hardware, software, network connectivity or data center problem, during which a 100% packet loss is experienced.

Scheduled Downtime is any scheduled interruption of the services for the purpose of network software/hardware upgrades, or replacement of any network equipment in order to be provided better service for the customers. Scheduled downtimes occur within pre-notified downtime periods, with as many warnings as possible sent via e-mail or posted in our news section minimum 24-hour in advance.

SUPPORT RESPONSE GUARANTEE

The Service Provider guarantees 24/7 support available 365 days per year, for all the pre-installed software on your VPS. Support is available via our online Contact Us form, via email, and the VPS Plan Manager integrated ticketing system. Each ticket is replied to within no more than 60 minutes after it has been opened.

An Acceptable Use Policy (AUP) is a set of rules and conditions systematized by a network, system or a website owner that define and restrict the ways in which the network, system or website may be utilized.

The AUP of the Service Provider is aimed at explicitly outlining the purposes for which customers CANNOT use our VPS hosting services and position data on our network servers.

This Acceptable Use Policy (AUP) is accepted as part of the VPS Terms of Service each user agrees to abide by when signing up for a VPS account with our hosting services. Any violation of these AUP terms will be considered as violation of our VPS Terms of Service.

We – the Service Provider, shall be the final part to determine whether an act constitutes a violation of this AUP and misuse of our services. We reserve our right to respond accordingly and/or immediately terminate the provision of the services, shall we become aware, and/or have sufficient evidence, of any prohibited conduct outlined in this AUP, or any other action threatening the secure environment of our VPS hosting customers and/or network of servers. We shall be the sole arbiter in determining the sufficiency of the present evidences.

In order to protect our company’s reputation and responsibilities, and guarantee robust and reliable VPS hosting services to all our customers, as well as the privacy and security of all our individual users, we – the Service Provider – hereby state the following AUP conditions to come into force for each user signing up for a VPS account with our hosting services:

  1. System Abuse
  2. Spam and Spamvertizing
  3. Inappropriate or Unlawful Content
  4. Copyrights
  5. Corrective Actions
  6. Reporting Violations
  7. Policy For Hosting Resellers
  8. Revisions
  1. SYSTEM ABUSE

    Any VPS customer in violation of our system or network security will be 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 our system’s security, authentication measures, data or traffic. Interference with the service to any user, host or network including, but not limited to: e-mail bombing, flooding, deliberate attempts to overload the 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.
    • Any attempt at doing harm to a server or a customer of the Service Provider’s services:

      The Service Provider will immediately and resolutely react to any attempt at misuse of an Internet account or computer, or any attempt to gain access to an internet account or computer by a Service Provider VPS customer unauthorized by the account/computer owner. Such attempts include, but are not limited to the following: ‘Internet scamming’ (tricking other people into releasing their passwords, etc.), password robbery, security hole scanning, running proxy – proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy), introducing of any computer programs (viruses, Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots, etc.) that are intended to negatively interfere with, intercept, irreversibly damage or take hold of any system, data or personal information. It WILL NOT matter whether the attacked account or computer belongs or not to the Service Provider’s services. The fraud will be subject to actions based on the very nature of the attack and those may represent a warning, an account suspension or cancellation, and/or civil or criminal legal actions.

    • Excessive use of system resources:

      In order to ensure higher server performance and quality of the VPS service, all VPS accounts are subject to certain resource limitations concerning, but not limited to, server CPU usage, Memory usage, disk-space and traffic. If a hosting account exceeds the allowed amount of system resources, the account owner will be immediately notified to take actions in order to decrease the usage. If such action is not instantly taken by the owner, the account will be suspended. When an excessive CPU usage is detected the account owner may be also suggested to place an order for a higher-resources VPS package (if available) or a semi-dedicated or dedicated hosting solution.

      If any VPS account is found to be causing degradation of the server and/or our hosting network’s performance, regardless of the reason, the account will be subject to suspension or immediate removal, depending on the situation. The Service Provider will be the sole arbiter in determining whether a given account is excessively using the server resources and/or causing a server degradation.

    • Cryptocurrency mining:

      Аll forms of cryptocurrency mining and similar operations are forbidden on our servers;

  2. SPAM AND SPAMVERTIZING

    SPAMMING IS PROHIBITED. Users MAY NOT utilize our VPS hosting services to transmit, distribute or deliver any unsolicited bulk or commercial messages over the Internet (an action known as “spam” or “spamming”). Users MAY NOT utilize our VPS hosting services for email marketing purposes. There is a 500-outbound-email-per-hour limit on all dedicated servers.

    Spamming is a violation of ethic norms and will be interpreted as an infringement. The Service Provider will not tolerate the sending of unsolicited bulk or commercial messages through our services, as well as through another service that is mentioning, in some way, our customer’s domain name or implies the utilization of our network or our e-mail services for sending the unsolicited bulk or messages.

    SPAMVERTISING IS PROHIBITED. ‘˜Spamvertizing’ refers to the practice of sending unsolicited spam messages for the purpose of advertising a particular website.

    If such e-mails are relayed through 3rd party (e-mail spoofing) and/or are promoting a domain hosted on our servers, this will lead to immediate account suspension unless an evidence of legitimacy for non-involvement of the domain owner in the particular illegal action is provided.

    ‘E-mail spoofing’ is a fraudulent e-mail activity in which the sender’s (3td party) e-mail address and other parts of the e-mail header are changed so as to appear that the e-mail has been sent from a different source (e-mail address owner/server).

    ‘˜Unsolicited message’ is a message that is sent against the privacy policy of a newsgroup, or is sent to a recipient without their explicit permission. We, at our sole discretion, shall determine whether any of the messages you are sending is spam or spamvertizing. For your information, spamming generally includes, but is not limited to the following

    • Sending of unsolicited messages in bulk, or sending of unsolicited e-mails, which provoke complaints from recipients;
    • Sending of junk mail;
    • Use of distribution lists that include people who have not given prior explicit permission to be involved 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;
    • Excessive and repeated cross-posting;
    • E-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting of any threatening, libellous or obscene material, or material of any nature that may be deemed offensive;
    • E-mailing of age-inappropriate communications or content to anyone under the age of 18.
  3. INAPPROPRIATE OR UNLAWFUL CONTENT

    CONTENT published or transmitted via the Service Provider’s VPS hosting services includes website content, email content, forum/blog postings, chat content, and/or any other type of content hosted on our servers, published online or transmitted through our VPS services.

    The user of our VPS services is NOT permitted to post online content or have links to content that:

    • is defamatory, abusive or obscene, violates a person’s reputation/privacy, is reasonably deemed offensive by the web community, is anti-religious or anti-human rights, or contains any type of threatening or hate speech, encourages harassment or physical harm to any group or individual, or is otherwise malicious/fraudulent and may result in complaints/liabilities/or retaliation against the Service Provider by offended viewers;
    • promotes or encourages illegal activities (e.g. illegal drugs, illegal gambling, arms trafficking, etc.) or violates any applicable law, statute, ordinance or regulation, including but not limited to the laws and regulations governing export control, unfair competition, false advertising, consumer protection, etc.
    • represents pornography – any type of pornographic/adult material, including child pornography, or advertisements of pornographic websites;
    • represents infringement on copyright, patents, trademarks, trade secrets, or third party’s intellectual property or proprietary rights, including pirated computer programs, hacking/phreaking software, warez or any type of software/content (including also ROMs, ROM Emulators, media files – MP3, AVI, .RM, etc., torrent files, and others) that is copyrighted, is NOT uploaded in compliance with its license agreement or is NOT freely available for distribution.
  4. COPYRIGHTS

    Copyrighted material must not be placed on Customers’ VPS accounts without the explicit permission of the copyright owner or a person specifically authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will promptly remove the infringing material from the Services. Further procedures (in accordance with our stated below corrective measures) will be carried out if necessary. We will assume no liability to any Customer of the VPS Services for the removal of any such material.

  5. CORRECTIVE ACTIONS

    We reserve our right to be the sole arbiter in determining the seriousness of each infringement of this AUP and to immediately take corrective actions.

    We will disable the customer’s VPS account if we deem necessary, at our sole discretion. Upon closing of the customer’s account we will send an e-mail notification to the customer, stating the reason for the termination and quoting our terms’ chapter that has been violated. The customer will be given an opportunity to respond and take measures to remedy the situation should he/she consider him/herself abused by a third party. Upon fulfilling of this obligation, we may re-activate the customer’s VPS account, if we find, at our own discretion, sufficient evidence pro customer’s side.

    Closed VPS accounts due to repeated violations will not be re-activated. A backup may be requested, however it will be subject to certain penalty fees imposed according to the breach of this AUP terms. The final penalty fee will be determined by the type and frequency of the violations.

  6. REPORTING VIOLATIONS

    If you need to report a violation of this AUP agreement or believe that you or your system has been subject to attack originating from our hosting network, please contact us immediately. Our team will fully investigate the situation and provide you with professional assistance.

  7. POLICY FOR HOSTING RESELLERS

    If you are using your virtual private server for reseller hosting purposes, you are responsible for the conduct of your Customers and by agreeing with this AUP, agree that your Customers will adhere to the AUP. Hosting resellers should make their perspective Customers aware of the AUP and the consequences for violation.

  8. REVISIONS

    We reserve our right to change this AUP at any time, without prior notice. We encourage our VPS users to periodically review this Acceptable Use Policy and our VPS Terms of Service.

These Terms of Service (the ‘Agreement’) are an agreement between you – the user of our hosting and related services (collectively, the ‘Services’), and MasayaHost, in association with LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. All billing and hosting services are rendered by LiquidNet US LLC and LiquidNet Ltd. (billing operations will be handled here). Legal details about the two companies can be found in the ‘Customer Service Contact Details’ section of this document.

For the sake of brevity, MasayaHost, LiquidNet US LLC and LiquidNet Ltd. will be referred to as ‘We’, ‘Us’, ‘Our’ and ‘Service Provider’ in this document.

When signing up for a Dedicated server hosting account with the Service Provider, 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.

The Customer of our Services should also be aware that when signing up for a Dedicated server hosting account with the Service Provider, 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 the Service Provider 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.

  1. SERVICE AGREEMENT; ENTIRE AGREEMENT

    The Service Provider 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 the Service Provider 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.

    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 the Service Provider and the Customer.

  2. RULES FOR ACTIVATION AND MONTHLY PAYMENT BASIS OF THE DEDICATED SERVER HOSTING SERVICE

    Upon submitting of the online order form, the Customer agrees to abide by our Order Verification Policy and the following provisions:

    1. 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.
    2. 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.
    3. Setup fees and monthly service fees are non-refundable. The Customer agrees to a no-refund policy in advance.
  3. SERVICE GUARANTEES; DATA BACKUP

    1. SERVICE GUARANTEES

      The Service Provider guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:

      1. Server Hardware Breakdown;
      2. User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, the Service Provider is not responsible for the downtime);
      3. Failure due to software that is not explicitly supported by the Service Provider. If a hardware crash provoked by the Customer consequently happens, the Service Provider is beyond the control and responsibility for the resulting downtime.

      For more information, please refer to our Service Level Guarantees.

    2. DATA BACKUP

      Each Customer will get a default backup space quota of 100 GB, which they can avail of at any given moment.

      Additionally, each Google Drive and/or Dropbox account owner is entitled to another 100 GB of backup space.

      A 50 GB backup storage option is available as part of our Managed Services package as well.

  4. SERVICE ACTIVATION AND CONTINUANCE TIMESCALES

    1. SERVICE ACTIVATION

      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 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.

      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.

    2. CONTINUANCE TIMESCALES

      Dedicated Server Accounts – The newly-created Dedicated server hosting accounts with the Service Provider 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.

      Domain Name Registrations/Transfers – the Service Provider offers for registration/transfer all TLDs (Top-Level Domains) displayed in the table below. A domain name can be purchased either at sign up together with the Dedicated server hosting account (at a regular or PROMOTIONAL price) or separately (later on) as an upgrade from the Customer’s Dedicated management account. The Customer agrees to abide by the Service Provider’s Domain Name Registration Agreement and Domain Name Dispute Resolution Policy. The table below displays the minimum and maximum registration periods, as well as the annual NON-PROMOTIONAL prices of all TLDs:

      tldmin/max period of registration @ min period price
      .ae1-5 years @ $40.99 per year
      .asia1-10 years @ $19.99 per year
      .at1 years @ $18.99 per year
      .be1 years @ $13.99 per year
      .biz1-10 years @ $17.99 per year
      .ca1-10 years @ $19.99 per year
      .cc1-10 years @ $26.99 per year
      .ch1 years @ $17.99 per year
      .club1-10 years @ $19.99 per year
      .cn1-10 years @ $14.99 per year
      .co1-5 years @ $30.99 per year
      .co.il1 years @ $25.99 per year
      .com1-10 years @ $15.99 per year
      .com.au2 years @ $28.99 per year
      .com.cn1-10 years @ $14.99 per year
      .com.mx1-5 years @ $53.99 per year
      .company1-10 years @ $22.99 per year
      .com.tw1-10 years @ $29.99 per year
      .co.nz1-10 years @ $22.99 per year
      .co.uk1-10 years @ $12.99 per year
      .co.za1 years @ $18.99 per year
      .de1 years @ $13.99 per year
      .deals1-10 years @ $30.99 per year
      .dk1-3,5 years @ $29.99 per year
      .es1-5 years @ $14.99 per year
      .eu1-10 years @ $12.99 per year
      .family1-10 years @ $23.99 per year
      .fi1-5 years @ $19.99 per year
      .fr1 years @ $14.99 per year
      .fun1-10 years @ $22.99 per year
      .gr2 years @ $29.99 per year
      .guru1-10 years @ $30.99 per year
      .host1-10 years @ $74.99 per year
      .hosting1-10 years @ $345.00 per year
      .idv.tw1-10 years @ $29.99 per year
      .ie1-10 years @ $23.99 per year
      .in1-10 years @ $16.99 per year
      .info1-10 years @ $17.99 per year
      .it1 years @ $13.99 per year
      .jp1 years @ $42.99 per year
      .me1-10 years @ $20.99 per year
      .me.uk1-10 years @ $12.99 per year
      .mobi1-10 years @ $22.99 per year
      .mx1-5 years @ $53.99 per year
      .name1-10 years @ $15.99 per year
      .net1-10 years @ $17.99 per year
      .net.au2 years @ $30.99 per year
      .net.cn1-10 years @ $14.99 per year
      .net.nz1-10 years @ $22.99 per year
      .news1-10 years @ $24.99 per year
      .ninja1-10 years @ $21.99 per year
      .nl1 years @ $14.99 per year
      .no1 years @ $16.99 per year
      .nu1-10 years @ $21.99 per year
      .online1-10 years @ $34.99 per year
      .org1-10 years @ $17.99 per year
      .org.au2 years @ $38.99 per year
      .org.cn1-10 years @ $14.99 per year
      .org.nz1-10 years @ $22.99 per year
      .org.tw1-10 years @ $29.99 per year
      .org.uk1-10 years @ $12.99 per year
      .party1-10 years @ $31.99 per year
      .ph1-2,5,10 years @ $56.99 per year
      .pl1-3 years @ $30.99 per year
      .press1-10 years @ $62.99 per year
      .pro1-10 years @ $20.99 per year
      .pt1,3,5 years @ $21.99 per year
      .qa1-5 years @ $40.99 per year
      .ru1 years @ $11.99 per year
      .se1-10 years @ $19.99 per year
      .services1-10 years @ $30.99 per year
      .site1-10 years @ $27.99 per year
      .solutions1-10 years @ $22.99 per year
      .space1-10 years @ $22.99 per year
      .store1-10 years @ $51.99 per year
      .tech1-10 years @ $46.99 per year
      .top1-10 years @ $17.99 per year
      .tv1-10 years @ $33.99 per year
      .tw1-10 years @ $29.99 per year
      .uk1-10 years @ $12.99 per year
      .us1-10 years @ $13.99 per year
      .we.bs1-10 years @ $5.99 per year
      .website1-10 years @ $21.99 per year
      .ws1-10 years @ $29.99 per year
      .xyz1-10 years @ $15.99 per year

      Domain Renewals – Even though the Service Provider will provide regular reminders about the expiration of the domain name(s) registered through the company, it is your obligation to keep track of when the registration service(s) will expire. Should you fail to renew a domain name before its expiration date, the domain name will be suspended or canceled.

      1. After a domain name’s expiration date, there is a period of 30 days, in which the domain name can be renewed. Certain domain name extensions do not have such a period, so leaving a domain name to expire before attempting a renewal is at your own discretion.
      2. After the 30-day renewal period has passed, some domain names (as per TLD Registry Policies) enter a so-called Redemption Grace Period. A domain name which has entered a Redemption Grace Period can still be renewed. However, additional fees will be added to the domain’s renewal price. You can find the official information regarding the Redemption Grace Period on ICANN’s page: http://www.icann.org/registrars/redemption-proposal-14feb02.htm.
        If a Redemption Grace Period is applicable for a specific domain name, it will last between 30 and 42 days.
      3. After the Redemption Grace Period (or the renewal period – if RGP is not applicable) has passed, domain name(s) can be: provided to third parties; the Service Provider may choose to auction the domain name(s); the Service Provider may return them in the public registration pool. All of these actions can be carried out at any time and without your consent.

      We strongly recommend that Customers renew their domain registrations before their domain names are placed into redemption period. After a domain name transits in redemption period, we are not able to prevent its zone files from being removed from the DNS system, and any web site and associated services will cease working.

      We can assist Customers in retrieving their domain names only if the domain names were registered with us. Customers will be charged a REDEMPTION FEE of $270.00 USD for each domain registration renewal. If the domain name was registered with another registrar, the Customer needs to contact that registrar for more information regarding its retrieving.

  5. CANCELLATION, REFUND & MONEY-BACK; CHARGEBACKS

    1. CANCELLATIONS

      In order to cancel a Dedicated server account, the Customer must send a support ticket to the Service Provider’s Sales Department via his/her Dedicated management account and provide any authentication credentials requested by the Service Provider. Any other form of cancellation request will not be accepted.

    2. REFUNDS

      Dedicated server hosting accounts – The Dedicated server 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.

      Domain Name Registrations/Transfers – Domain name registrations/transfers are also treated as non-refundable services and cannot be canceled or refunded after activated upon Customer request. The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.

    3. 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 the Service Provider will be subject to full investigation.

      When signing up for a Dedicated server hosting account with the Service Provider, the Customer agrees to the terms and conditions explicated in this document (and its coherent policies). Thus, the Service Provider, as well as the Service Provider’s authorized retailers (PayPal, WorldPay, 2CheckOut), 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 the Service Provider’s Customer Care team will be to try to contact the Customer. Meanwhile, the Customer’s Dedicated server 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 Dedicated server account will be re-activated.

      If the Customer has sent a chargeback request based on groundless argumentations (according to the Service Provider’s own judgment and these Dedicated Terms of Service), then a dispute will be started with the authorized retailers in which the Dedicated Terms of Service and the AUP of the Service Provider 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 the Service Provider 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 server account will remain suspended and a $30 USD fee will be withdrawn from the commission of the reseller (the client of our Free Reseller Hosting Program) whose client’s account (the end-client) has been the reason for the chargeback (in order to be covered the fees imposed to the Service Provider from our authorized retailers for the claimed unauthorized transaction).

  6. HOSTING RESELLER TOOLS

    A collection of free hosting reseller tools : a free billing software (ClientExec) and a free domain reseller account is available with each Dedicated Server hosting package. All bonuses are given per customer’s request.

  7. CUSTOMER RESPONSIBILITIES; ACCOUNT REGISTRATION AND MANAGEMENT

    In consideration of their use of the Service, Customers agree to:

    1. 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 the Service Provider has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, the Service Provider 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). If untrue details are used in order to avoid VAT the customer can be held responsible by the respective national tax collecting agency.
    2. When introducing any changes to their contact details, Customers are obliged to notify the Service Provider 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.
    3. 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:
      1. immediately notify the Service Provider about any unauthorized use of their password or account or any other breach of security;
      2. ensure that they safely exit (log out from) their account at the end of each session.
      the Service Provider cannot and will not be liable for any loss or damage of account information arising from Customer’s failure to comply with this provision.
    4. 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, the Service Provider 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.
    5. The client is obliged not to delete the Service Provider’s SSH key, which provides root access to the server. The root access will be used by the Service Provider in 2 cases only:
      1. When there is a problem with the server and, as a result, certain services do not run properly – the Service Provider may fix it as he sees fit.
      2. When there is a report from a third party concerning some sort of abuse, for example, spam, the Service Provider 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 – the Service Provider 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.

    The client is also obliged not to terminate the SNMP service activated by the Service Provider to keep track of the used IPs on the server. Upon a termination of the SNMP service – the Service Provider will inform the client and the client will have to reactivate the service in 48 hours. If the client does not cooperate – the Service Provider can suspend the client’s access to the server at his own discretion.

  8. NO UNLAWFUL OR PROHIBITED USE

    1. SERVER USAGE

      Тhe Service Provider 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 the Service Provider’s Services, other accounts, computer systems or networks connected to any of the Service Provider’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 the Service Provider’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.

    2. HOSTED CONTENT

      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 the Service Provider’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 the Service Provider’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, the Service Provider 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. The Service Provider’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 the Service Provider’s Dedicated Terms of Service (this document) and the Acceptable Use Policy (AUP).

    3. CUSTOMER AGREEMENT

      As a condition for Customer use of the Service Provider’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). The Service Provider’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. The Service Provider reserves the right at any time to disclose any information, as the Service Provider 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 the Service Provider.

  9. E-COMMERCE CUSTOMER WEBSITES

    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.

    Each Customer is in charge of all products and services, as well as all contents and materials appearing online, including:

    • the accuracy and relevance of Customer Content, and content and material showcased in the Customer store or on its products;
    • 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;
    • 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.

    Each Customer guarantees to the Service Provider 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 the Service Provider 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 law or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.

    Each Customer empowers the Service Provider to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. The Service Provider is granted the right to estimate, at its own discretion, the extent to which these operations may be carried out.

  10. REFUSAL OF SERVICE

    1. SERVICE DENIAL

      The Service Provider 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 the Service Provider’s Dedicated servers. The Service Provider reserves the right to refuse Service to unlawful parties.

    2. SERVICE DISCONTINUANCE

      The Service Provider reserves the right to discontinue the Service provision to any subscriber that the Service Provider deems, at its sole discretion, has violated any condition of the Service explicated in this Terms of Service and/or the Acceptable Use Policy.

  11. MISCELLANEOUS

    1. 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 the Service Provider. 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 the Service Provider should be sent to the address provided on the Service Provider’s website.

    2. COMPLAINTS PROCEDURE

      The Service Provider 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.

      In order to file a complaint, please send us an email to complaints@duoservers.com, 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.

      Here are our steps of addressing every single complaint:

      • The Service Provider will confirm receipt of your complaint in writing, confirming that the complaint will be addressed without delay. The Service Provider reserves the right to refuse to investigate a complaint that is obviously frivolous, abusive or offensive.
      • A Service 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.
      • If the Service Provider’s Customer Care representative can’t resolve your complaint within the pre-announced period, your complaint will be escalated to a Customer Care manager.
      • If the Customer Care manager can’t resolve your complaint, as well, it will be forwarded to the Company Director, 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.
      • An alternative complaint method is submitting a fax to the following number: 510.868.6446
    3. TORTUROUS CONDUCT

      Any way of indecent treatment towards a Service 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 the Service Provider’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 the Service Provider’s Customer Care stuff will be interpreted as a breach of this TOS. The Service Provider 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.

    4. CUSTOMER SERVICE CONTACT DETAILS

      Technical Support

      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, they can avail of our Fully Managed Support service available at a monthly fee of $30 USD. Additional software installation and troubleshooting, which are not included in the Managed Support Package will cost $60 USD.

      Pre-sale and general questions

      Customers may use any of the support options listed below:

      • E-mail us using our Contact Us form
      • Use our Live Chat
      • Open a trouble ticket from the Customer’s Dedicated management account. 1-hour support response is guaranteed!
      • Phone or Fax us at:

        US TOLL FREE PHONE: +1-855-211-0932
        INTERNATIONAL PHONE: +1-727-546-HOST(4678)
        UK PHONE : +44-20-3695-1294
        AU PHONE : +61-2-8417-2372
        US FAX: +1-510-868-6446

  12. GENERAL REGULATIONS

    1. GOVERNING LAW

      This Agreement shall be governed by and construed in accordance with the laws of England.

    2. 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.

    3. 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.

    4. INDEMNIFICATION

      The Customer agrees to indemnify the Service Provider, 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.

    5. LIMITATION ON THE SERVICE PROVIDER’S LIABILITY

      Force Majeure Circumstances – the Service Provider 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.

      Damages & Losses – the Service Provider 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 the Service Provider’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 – the Service Provider 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 the Service Provider shall have no liability therefore.

    6. ASSIGNMENT

      Customers do not have the right to assign this Agreement without the explicit permission of the Service Provider. This Agreement shall be in force and effect to the total benefit of the Customer and the Service Provider and their successors and permitted assigns.

    7. REVISIONS

      The Service Provider 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.

Service Level Guarantees

SERVICE GUARANTEES

99.9% Network Uptime Guarantee
The Service Provider guarantees that the server network where your dedicated server is located will be up and running at least 99.9% of the time during your subscription with us. However, we cannot be held responsible for upstream problems outside of our network and areas where the Service Provider has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Registrar problems with subscribers’ domain names, routing problems between a client’s location and our data center. The uptime guarantee is also not applicable if the service interruption was caused by a natural or unnatural event that is not directly under the control (or jurisdiction) of the Service Provider. The Service Provider may temporarily deny or terminate the Service upon client’s failure to pay their charges at due time.

The Service Provider guarantees 99.9% network uptime and server stability for the server network where your dedicated server is located. This, however, does not refer to problems stemming from:

a. Server Hardware Breakdown.

b. User error(s) or purposeful interruption(s) (e.g. if the client shuts his/her own server down, the Service Provider is not responsible for the downtime).

c. Failures due to software that is not explicitly supported by the Service Provider. Consequently, if a hardware crash provoked by the customer happens, the Service Provider has no responsibility for the resulting downtime.

Network Outages or Unexpected Downtime is any unplanned or unexpected interruption in the network availability due to hardware, software, network connectivity or data center problem, during which a 100% packet loss is experienced.

Scheduled Downtime is any scheduled interruption of the services for the purpose of network software/hardware upgrades, or replacement of any network equipment in order to be provided better service for the customers. Scheduled downtimes occur within pre-notified downtime periods, with as many warnings as possible sent via e-mail or posted in our news section minimum 24-hour in advance.

SUPPORT RESPONSE GUARANTEE

The Service Provider guarantees 24/7 support available 365 days per year, for all the pre-installed software on your dedicated server. Support is available via email and the Dedicated Plan Manager integrated ticketing system. Each ticket is replied to within no more than 60 minutes after it has been opened.

An Acceptable Use Policy (AUP) is a set of rules and conditions systematized by a network, system or a website owner that define and restrict the ways in which the network, system or website may be utilized.

The AUP of the Service Provider is aimed at explicitly outlining the purposes for which customers CANNOT use our hosting services and position data on our network servers.

This Acceptable Use Policy (AUP) is accepted as part of the Dedicated Terms of Service each user agrees to abide by when signing up for a Dedicated server account with our hosting services. Any violation of these AUP terms will be considered as violation of our Dedicated Terms of Service.

We – the Service Provider, shall be the final part to determine whether an act constitutes a violation of this AUP and misuse of our services. We reserve our right to respond accordingly and/or immediately terminate the provision of the services, shall we become aware, and/or have sufficient evidence, of any prohibited conduct outlined in this AUP, or any other action threatening the secure environment of our hosting customers and/or network of servers. We shall be the sole arbiter in determining the sufficiency of the present evidences.

In order to protect our company’s reputation and responsibilities, and guarantee robust and reliable hosting service to all our customers, as well as the privacy and security of all our individual users, we – the Service Provider – hereby state the following AUP conditions to come into force for each user signing up for a Dedicated server hosting account with our hosting services:

  1. Compliance With Law
  2. Customer Security Obligation
  3. System Abuse
  4. Email Policies
  5. IP Allocation
  6. IRC Policy
  7. Inappropriate Or Unlawful Content
  8. Copyrights
  9. Corrective Actions
  10. Reporting Violations
  11. Policy For Hosting Resellers
  12. Revisions
  1. COMPLIANCE WITH LAW

    The Customer shall not post, transmit, re-transmit or store material on or through any of the Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by the Customer. The Customer shall be responsible for determining what laws or regulations are applicable to the use of the Services and Products.В 

  2. CUSTOMER SECURITY OBLIGATION

    Each Customer must take a reasonable care of keeping each server or network device attached to the Company’s infrastructure up-to-date and patched with the latest security updates. Failure to protect a server may result in a security compromise by outside sources. The Company is not responsible for Customer server level security unless a security administration package, a firewall security administration package or a fully managed operating system package is contracted for and maintained. A compromised server creating network interference will result in immediate Customer notification and will be disconnected from the network immediately so as to not directly affect other Customers. No service credits will be issued for outages resulting from disconnection due directly to breached server security. The Customer is solely responsible for any breaches of security affecting servers under Customer control, including repairing the system, terminating the account(s) of the abusive user(s), and reporting occurrence of the issue to abuse@duoservers.com. If a Customer intentionally creates a security breach, the cost to resolve any damage to the Customer’s server or other servers will be charged directly to the Customer. The labor used to resolve such damage is categorized as emergency security breach recovery and is currently charged at $60.00 USD per hour.

  3. SYSTEM ABUSE

    Any Dedicated server hosting customer in violation of our system or network security will be 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 our system’s security, authentication measures, data or traffic. Interference with the service to any user, host or network including, but not limited to: e-mail bombing, flooding, deliberate attempts to overload the 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.
    • Any attempt at doing harm to a server or a customer of the Service Provider’s services:

      The Service Provider will immediately and resolutely react to any attempt at misuse of an Internet account or computer, or any attempt to gain access to an internet account or computer by a Dedicated server hosting customer unauthorized by the account/computer owner. Such attempts include, but are not limited to the following: ‘Internet scamming’ (tricking other people into releasing their passwords, etc.), password robbery, security hole scanning, running proxy – proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy), introducing of any computer programs (viruses, Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots, etc.) that are intended to negatively interfere with, intercept, irreversibly damage or take hold of any system, data or personal information. It WILL NOT matter whether the attacked account or computer belongs or not to the Service Provider’s services. The fraud will be subject to actions based on the very nature of the attack and those may represent a warning, an account suspension or cancellation, and/or civil or criminal legal actions.

    • Executing any form of network activity that will intercept data not intended for the Customer’s server.
    • Interfering with or denying service to any user, host, or network other than the Customer’s host (example: denial of service attack or distributed denial of service attack).
    • Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (‘spoofing’) or other identification information.
    • Failing to comply with the Company’s procedure relating to the activities of the Customers on the Company’s premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as an emergency security breach recovery and is currently charged at $100.00 USD per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.
  4. EMAIL POLICIES

    SPAMMING IS PROHIBITED. Users MAY NOT utilize our Dedicated server hosting services to transmit, distribute or deliver any unsolicited bulk or commercial messages over the Internet (an action known as “spam” or “spamming”). Users MAY NOT utilize our dedicated servers for email marketing purposes. There is a 500-outbound-email-per-hour limit on all dedicated servers.

    Spamming is a violation of ethic norms and will be interpreted as an infringement. The Service Provider will not tolerate the sending of unsolicited bulk or commercial messages through our Dedicated server hosting services, as well as through another service that is mentioning, in some way, our customer’s domain name or implies the utilization of our server network or our e-mail services for sending the unsolicited bulk or messages.

    SPAMVERTISING IS PROHIBITED. ‘pamvertizing’ refers to the practice of sending unsolicited spam messages for the purpose of advertising a particular website.

    If such e-mails are relayed through 3rd party (e-mail spoofing) and/or are promoting a domain hosted on our servers, this will lead to immediate account suspension unless an evidence of legitimacy for non-involvement of the domain owner in the particular illegal action is provided.

    ‘E-mail spoofing’ is a fraudulent e-mail activity in which the sender’s (3td party) e-mail address and other parts of the e-mail header are changed so as to appear that the e-mail has been sent from a different source (e-mail address owner/server).

    ‘Unsolicited message’ is a message that is sent against the privacy policy of a newsgroup, or is sent to a recipient without their explicit permission. We, at our sole discretion, shall determine whether any of the messages you are sending is spam or spamvertizing. For your information, spamming generally includes, but is not limited to the following

    • Sending of unsolicited messages in bulk, or sending of unsolicited e-mails, which provoke complaints from recipients;
    • Sending of junk mail;
    • Use of distribution lists that include people who have not given prior explicit permission to be involved 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;
    • Excessive and repeated cross-posting;
    • E-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting of any threatening, libellous or obscene material, or material of any nature that may be deemed offensive;
    • E-mailing of age-inappropriate communications or content to anyone under the age of 18.

    BLOCK REMOVAL: If Customer actions have caused Company mail servers or Company IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the Internet, the Customer will incur a $100 charge to the Customer’s account and $100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

    • Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
    • Header Forgery: Forgery of email headers (‘spoofing’) is prohibited.
    • Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
    • Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.

    MASS MAILINGS: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to the Company upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.В 

    MAILING LISTS: Company’s mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by the Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to the Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future

  5. IP ALLOCATION

    The Company administers an Internet network on which multiple Customer servers reside. Customers shall NOT use IP addresses that were not assigned to them by the NOC staff or network administrators. Any server utilizing IP addresses outside of the assigned range will be suspended from network access until the IP addresses overlap can be corrected. Use of an unauthorized IP address will result in a charge of $20 per IP. Use of an unauthorized IP address creating a third party Customer outage will result in a $100 charge and termination of service until the IP allocation is resolved.

  6. IRC POLICY

    The Company allows stand alone IRC servers which are not connected to global IRC networks such as Undernet, EFnet, DALnet and other IRC networks. IRC servers which establish and maintain connections to global IRC networks such as Undernet, EFnet, DALnet and others will be considered to be in violation of the Acceptable Use Policy.

    The Company does not allow IRC plug-ins, scripts, add-ons, clones or other software that has the intent or effect of disrupting or denying service to other users. Harassing, disrupting or denying service to other users is expressly prohibited, and may result in the immediate suspension or cancellation of Customer account(s).

    If IRC servers attract DoS or DDoS attacks that disrupt or deny service to other Customers, the Company will null-route, ACL or otherwise suspend service to maintain quality of service for other Customers on our network.

    The Company allows the limited use of stand-alone IRC ‘bots’. The Company prohibits the use of ‘botnets’. A Customer’s IRC server may run a ‘bot’, but the Customer may not join a ‘botnet’. The use of IRC BNC’s or other proxy and re-direction software is expressly prohibited.

    For the purposes of policy enforcement, any malicious activity observed to originate from a Customer’s server may result in the immediate suspension of service to the offending Customer’s server without prior notice. Frequently compromised servers may be reviewed for account termination on a case-by-case basis. The purpose of this case-by-case review is to deter AUP prohibited activity from occurring under the blanket excuse of a ‘compromised server.’

    Harassing, abusive and aggressive IRC activity is prohibited. This includes ‘flooding’ (rapid transmission of information with the intent to harass or deny service), ‘hijacking’ (taking improper or unauthorized control of В channel or server operator privileges), sending messages to users who do not want them, attempting to circumvent a channel or server ban, impersonating other IRC users and other abusive IRC behavior as determined by the Company.

    The Company reserves the right to modify or amend the IRC policy at any time.

  7. INAPPROPRIATE OR UNLAWFUL CONTENT

    CONTENT published or transmitted via the Service Provider’s Dedicated server hosting services includes website content, email content, forum/blog postings, chat content, and/or any other type of content hosted on our Dedicated servers, published online or transmitted through our network’s services.

    The user of our Dedicated server hosting services is NOT permitted to post online content or have links to content that:

    • is defamatory, abusive or obscene, violates a person’s reputation/privacy, is reasonably deemed offensive by the web community, is anti-religious or anti-human rights, or contains any type of threatening or hate speech, encourages harassment or physical harm to any group or individual, or is otherwise malicious/fraudulent and may result in complaints/liabilities/or retaliation against the Service Provider by offended viewers;
    • promotes or encourages illegal activities (e.g. illegal drugs, illegal gambling, arms trafficking, etc.) or violates any applicable law, statute, ordinance or regulation, including but not limited to the laws and regulations governing export control, unfair competition, false advertising, consumer protection, etc.
    • represents pornography – any type of pornographic/adult material, including child pornography, or advertisements of pornographic websites;
    • represents infringement on copyright, patents, trademarks, trade secrets, or third party’s intellectual property or proprietary rights, including pirated computer programs, hacking/phreaking software, warez or any type of software/content (including also ROMs, ROM Emulators, media files – MP3, AVI, .RM, etc., torrent files, and others) that is copyrighted, is NOT uploaded in compliance with its license agreement or is NOT freely available for distribution.
  8. COPYRIGHTS

    Copyrighted material must not be placed on customers’ Dedicated server hosting accounts without the explicit permission of the copyright owner or a person specifically authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will promptly remove the infringing material from the Services. Further procedures (in accordance with our stated below corrective measures) will be carried out if necessary. We will assume no liability to any customer of the Dedicated server hosting services for the removal of any such material. Repeated violations of LiquidNet’s Copyright Infringement Policy could result in permanent suspension of a customer’s account.

  9. CORRECTIVE ACTIONS

    We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions.

    We will disable the customer’s Dedicated server hosting account if we deem necessary, at our sole discretion. Upon closing of the customer’s account we will send an e-mail notification to the customer, stating the reason for the termination and quoting our terms’ chapter that has been violated. The customer will be given an opportunity to respond and take measures to remedy the situation should he/she consider him/herself abused by a third party. Upon fulfilling of this obligation, we may re-activate the customer’s account, if we find, at our own discretion, sufficient evidence pro customer’s side.

    Closed accounts due to repeated violations will not be re-activated.

  10. REPORTING VIOLATIONS

    If you need to report a violation of this AUP agreement or believe that you or your system has been subject to attack originating from our system, please contact us immediately. Our team will fully investigate the situation and provide you with professional assistance.

  11. POLICY FOR HOSTING RESELLERS

    If you are using your dedicated server for reseller hosting purposes, you are responsible for the conduct of your Customers and by agreeing with this AUP, agree that your Customers will adhere to the AUP. Hosting resellers should make their perspective Customers aware of the AUP and the consequences for violation.

  12. REVISIONS

    We reserve our right to change this AUP at any time, without prior notice. We encourage our users to periodically review this Acceptable Use Policy and our Dedicated Terms of Service.

Privacy Policy

This Privacy Policy describes the policies and procedures of MasayaHost, in association with – LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK, on the collection, use and disclosure of your information. Legal details about the two companies can be found in the ‘Contact Us’ section of this document.

For the sake of brevity, MasayaHost, LiquidNet US LLC and LiquidNet Ltd. will be referred to as ‘We’, ‘Us’, ‘Our’ and ‘Service Provider’ in this document.

This Privacy Policy does not apply to information our customers may process when using our services.

Privacy and security are of utmost importance to the Service Provider and we strive to ensure that our technical and organizational measures in place respect your data protection rights.

COLLECTION OF PERSONAL DATA
“Personal data” refers to any information relating to an identifiable individual or his or her personal identity.

Personal data is collected on our website by LiquidNet US LLC., a US company headquartered in Fort Lauderdale, Florida.

The personally identifiable information that LiquidNet US LLC may collect from you when registering for an account includes: first and last name, postal address, phone number, email and IP address.

Your registrant information will be needed for the following purposes:

  • provision of our services to you;
  • prevention of fraudulent transactions;
  • billing/invoicing operations;
  • provision of a sales/technical support service;
  • maintenance of your account with us;
  • dispute resolution cases;
  • enforcement of our Terms of Service, or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency;
  • collection of aggregate statistics about use of our services;

Much of the data collected is aggregated or statistical data about how individuals use our Services, and is not linked to any personal data, but to the extent it is itself personal data, or is linked or linkable to personal data, we treat it accordingly.

The Service Provider will NOT send you any unsolicited information, including emails, except as mentioned hereby.

New customers will receive a welcome email containing information about the features provided by the Service, as well as WHCP (Web Hosting Control Panel) and FTP login details.

The Service Provider may also send system notifications upon need, related to any upgrade, maintenance or other service issues concerning your hosting account.

If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. We may also receive a confirmation when you open an email from us.

The Service Provider will keep your personally identifiable information private and will NOT share it with any unauthorized third parties.

When you use our services, we may collect information about your engagement with and utilization of our services, such as processor and memory usage, storage capacity, navigation of our services, and system-level metrics. We use this data to operate the services, maintain and improve the performance and utilization of the services, develop new features, protect the security and safety of our services and our customers, and provide customer support. We also use this data to develop aggregate analysis and business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business.

LEGAL BASIS FOR PROCESSING OF PERSONAL DATA
We collect personal information from you only when:

  1. we need your personal information to perform a contract with you (e.g. to deliver the services you have requested), or,

  2. the processing is in our legitimate interests and not overridden by your rights;

We have a legitimate interest in operating our services and communicating with you as necessary to provide these services, for example when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.

Please note that in most cases, if you do not submit the requested information, the Service Provider will not be able to provide the requested service to you.

In some cases, we may also have a legal obligation to collect personal information from you, or may otherwise need that information to protect your vital interests or those of some other person’s.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

ACCESS TO YOUR PERSONAL DATA
You may access and update your personal Information at any time from your Web Hosting Control Panel – > My Account – > Change Contact Details section.

SECURITY OF YOUR PERSONAL DATA
The Service Provider is committed to protecting the security of customer collected personal information. To do so, we use technical security measures to prevent the loss, misuse, alternation or unauthorized disclosure of information under our control. We use security measures including and not limited to: physical, electronic and managerial procedures to safeguard and secure the information we collect online. However, please keep in mind that the Internet cannot be guaranteed to be 100% secure.

If the Service Provider learns of a security system breach, we may attempt to notify you and send you any available protective information to the email address that you have provided to us or by posting a notice in your WHCP.

SHARING YOUR PERSONAL DATA WITH THIRD PARTIES
We may share the information we collect in various ways, including the following:

Service Providers
We may share information with third-party service providers that provide services on our behalf, such as helping to provide our services and to provide you with information relevant to you such as product announcements, service upgrades, special offers, or other information.

As Required By Law and Similar Disclosures
We may also share information to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce this Privacy Policy and our Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to your requests; or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

THIRD-PARTY SERVICES
You may access other third-party services through our services, for example by clicking on links to those third-party services from within our services. We are not responsible for the privacy policies and/or practices of these third-party services, and we encourage you to carefully review their privacy policies.

PRIVACY OF YOUR PAYMENT DETAILS
We use third-party payment processing companies who collect and store financial information, such as your payment method (valid credit card number, type, expiration date or other financial information), and their use and storage of that information is governed by the payment processors’ applicable terms of service and privacy policy. Collected billing information is used for the purposes of processing payments and fraud detection.

We do not store your financial account information on our systems; however, we have access to, and may retain, subscriber information through our third-party payment processor.

All PayPal transactions are subject to the PayPal Privacy Policy.

PRIVACY OF YOUR ACCOUNT
We consider your registration data and the content of all your messages private and confidential. The header of the messages that you send will contain your name (e-mail address) and Internet Protocol (IP) address. We will not intentionally monitor or disclose any of your e-mail content or registration data unless we are required to do so:

  • to enforce these Terms and Conditions,

  • by law,

  • to defend ourselves in any legal action,

  • to protect our property.

Since your password is essential for protecting your privacy, we encourage you to NOT share it with anyone and change it frequently. Additionally, you agree to respect the privacy and confidentiality of others.

AGE RESTRICTIONS
We offer services only to people who are 18+. Our services are not targeted to, intended to be consumed by or designed to entice individuals under the age of 18. If we learn that we have collected the personal information of a child under the age of 18, we will take steps to delete that information as soon as possible.

If you know of or have reason to believe that anyone under the age of 18 has provided us with any personal data, please contact us.

LOG FILES
We use IP addresses to analyze trends, administer our site and servers, track access, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. It is possible that personal information about a customer may be included in the log files due to the normal functions of IP addresses and Web browsing.

Here you can learn more about cookies and how to control or delete them.

Here are the cookies that we use on our site:

Essential cookies
We use a cookie to remember your login for you and what you’ve put in the shop cart. Also, we set a cookie to help you choose a preferred font size for using the site. These cookies we consider essential for the operation of our website.

External web services
We use an external live chat service (using cookies to remember your session name) to deliver real-time support to you should you want to.

Analytics
We use Google Analytics and Facebook cookies to monitor visitor activity on our website. No personally identifying data is included in this type of reporting. We do not share information about this analysis with any third parties.

Visitors can opt out of Google’s advertising tracking cookie or install a browser plugin to opt out of all Google Analytics tracking software. More information about Facebook’s analytics cookie is available here.

We assume you are happy with this usage of cookies on this website. If you are not happy, then you should either not use this site, or delete the cookies (you can check out how to do that according to your browser here), or browse the site using your browser’s anonymous usage setting (named “Incognito” in Chrome, “InPrivate” for Internet Explorer, “Private Browsing” in Firefox and Safari etc.).

We currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser.

Please remember that if you choose to delete the cookies or use the browser anonymously, you may find that certain sections of this website do not work properly.

YOUR RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

If you are a resident of the European Economic Area (EEA), you have the following data protection rights:

Managing Your Information
You may access and update some of your information through the “Change Contact Details” section in the WHCP. If you have chosen to connect your account to a third-party application like Facebook, Google or Twitter, you can change your settings and remove permission for the app from the “Linked Social Accounts” section in the WHCP. You are responsible for keeping your personal information up to date.

Rectification of Inaccurate or Incomplete Information
You have the right to ask us to correct any inaccurate or incomplete personal information concerning you if you cannot update it yourself from within your account.

Data Access and Portability
In some jurisdictions, the applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

Opt-out of marketing communications
You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you.

Data Retention and Erasure
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the contracted services to you, you can request that we erase your personal information and close your account. Please note that if you request the erasure of your personal information:

  • We may retain some of your personal information so as to detect and prevent fraud and enhance safety. For example, if we suspend an account for security reasons, we may retain certain information from that account to prevent that customer from opening a new account in the future.

  • We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, we may keep some of your information for tax, legal reporting and auditing purposes.

  • Because we maintain our platform to protect it from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

In cases where fraudulent or otherwise illegal activity has been deemed to have occurred as determined by law enforcement or management, the information may remain in our database indefinitely in order to help facilitate the prevention of repeated abuse in the future from the offending party.

Withdrawing Consent and Restriction of Processing
If you have provided your consent to the processing of your personal information, you may withdraw it at any time by sending us a communication specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing and pending the verification whether the Service Provider’s legitimate grounds override your own.

Objection to Processing
In some jurisdictions, applicable law may entitle you to require us not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing, we will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.

By default, customers do receive any system updates, such as the newsletters, invoices and service email notifications. Customers cannot opt out of possibly receiving important system notifications, since the latter are deemed necessary for the performance of our contractual obligations to you.

Lodging Complaints
If you want to make a complaint about the way we are processing your data, you can contact us using the contact details below.

You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

INTERNATIONAL TRANSFERS OF INFORMATION WE COLLECT
We collect information globally and primarily store that information in the United States. We transfer, process and store your information outside of your country of residence. Whenever we transfer your information, we take steps to protect it.

To facilitate our global operations, we transfer information to the United States and allow access to that information from countries in which we and associated companies have operations for the purposes described in this policy. These countries may not have equivalent privacy and data protection laws, certainly not equivalent to the laws of many of the countries where our customers and users are based. When we share information about you, we make use of standard contractual data protection clauses, which have been approved by the European Commission.

A copy of your personal data will also be stored in the data center you have selected when signing up for our services. This is done so that the Service Provider can deliver the contracted service in the location specified by the customer.

COMPLIANCE WITH LAWS AND LAW ENFORCEMENT
The Service Provider cooperates with government and law enforcement officials to enforce and comply with the law. We will disclose any information about Users upon valid request by government or law officials as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect your property and rights, or the property and rights of a third party, to protect the safety of the public or any person, or stop activity we consider illegal or unethical.

CHANGES TO PRIVACY POLICY
Any changes to our Privacy Policy will be placed here and will supersede this version of our Policy. We will take reasonable steps to draw your attention to any changes in our Policy. However, to be on the safe side, we suggest that you read this document each time you use the website to ensure that it still meets with your approval.

CONTACT US
If you have any questions about our Privacy Policy, or if you want to know what information we have collected about you, please use our Contact Us form.

Postal Address:

LiquidNet US LLC
6750 North Andrews Ave
Suite 200
Fort Lauderdale, FL 33309
United States of America

LiquidNet Ltd.
13 Craigleith
7 Kersfield Road
Putney, London SW15 3HN
United Kingdom

MasayaHost Order Verification Policy

These Terms of Service (the ‘Agreement’) are an agreement between you – the user of our hosting and related services (collectively, the ‘Services’), and MasayaHost, in association with LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. All billing and hosting services are rendered by LiquidNet US LLC and LiquidNet Ltd. (billing operations will be handled here). Legal details about the two companies can be found in the ‘Customer Service Contact Details’ section of this document.

For the sake of brevity, MasayaHost, LiquidNet US LLC and LiquidNet Ltd. will be referred to as ‘We’, ‘Us’, ‘Our’ and ‘Service Provider’ in this document.

This document contains all details about our order verification procedure. Its aim is to fill you in on our policy towards Internet frauds. Our company’s policy is to strictly scrutinize each new order and verify the payment details of each new customer.


How does the verification procedure take place?

*Step 1.* You place an order for a hosting account with us through our order form. A money transaction follows through the selected payment method.

NOTE: If you have attempted to pay for a service, but the payment has not managed to go through for some reason, you will receive a one-time email from our Sales Department with details about the requested service and the steps needed to take to complete the payment.

*Step 2.* We receive a notification email from our authorized retailer (PayPal, WorldPay, 2CheckOut) for the transaction.

*Step 3.* An order verification procedure commences within one hour after the notification has been received (on weekends this period may be longer).

*Step 4.* A sales representative of ours compares your IP location with your billing address and the location information given in your hosting account.


*Step 5.* Payment confirmation by phone is made at a time convenient for you. If we can’t reach you by phone, we’ll send you an email, asking you to present us with another phone number which you can be reached at in order to confirm the payment. If within a 48-hour period you still haven’t confirmed the payment, the order will be cancelled and the account will be blocked.


IMPORTANT: All new PayPal payments come to us with a status ‘Authorized’, but no funds are cleared into our account yet. Within the period of 48 hours the ‘Authorized’ status should be updated to either ‘Capture’ (if we approve the payment), or ‘Void’ (if we fail to approve the payment). The funds will be cleared into our account as soon as (and only if) the payment goes into ‘Capture’ status. Please, MIND that your successfully cleared payment will consequently show up with the following statuses – ‘Authorized’ and ‘Capture’, in your PayPal statement. This does NOT mean that you have been charged twice for the service.


We take no responsibility if, during the order verification process, the domain chosen by you has been registered by someone else, since we register domain names only after the payment has been confirmed. If this is the case, then you might wish to register another domain(s).


CUSTOMER SERVICE CONTACT DETAILS

Customers can get in touch with our Customer Care representatives via any of the options listed below.

Technical Support

Via the ticketing systems – open a trouble ticket from the Web Hosting Control Panel (section Help Center – > Open New Ticket). 1-hour support response is guaranteed! (anchor to 1-hour Support Response Guarantee from Service Level Guarantees popup)

Pre-sale and general questions

  1. Phone us at:
    US TOLL FREE PHONE: +1-855-211-0932
    INTERNATIONAL PHONE: +1-727-546-4678
    UK PHONE : +44-20-3695-1294
    AU PHONE : +61-2-8417-2372
  2. E-mail us using our Contact Us form
  3. Use our Live Chat
  4. Send us a Letter to:

    LiquidNet US LLC
    6750 North Andrews Ave
    Suite 200
    Fort Lauderdale, FL 33309
    United States of America

    LiquidNet Ltd.
    13 Craigleith
    7 Kersfield Road
    Putney, London SW15 3HN
    United Kingdom

MasayaHost Cancellation/Refund Policy

This Cancellation/Refund policy is an agreement between you – the user of our hosting and related services (collectively, the ‘Services’), and MasayaHost, in association with LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. All billing and hosting services are rendered by LiquidNet US LLC and LiquidNet Ltd. (billing operations will be handled here).

For the sake of brevity, MasayaHost, LiquidNet US LLC and LiquidNet Ltd. will be referred to as ‘We’, ‘Us’, ‘Our’ and ‘Service Provider’ in this document.

CANCELLATION & REFUNDS

The Service Provider’s accounts are set up on a prepay basis. The Service Provider’s customers may decide to cancel their accounts at any time, however, they will get a full refund of the service only if the cancellation request is made within 30 days of purchasing of the account, according to our Money Back Guarantee Policy

To cancel an account, the Customer needs to send an e-mail or support ticket to our Sales Department and provide any authentication credentials requested by the Service Provider. Other forms of cancellation requests will not be accepted. Any incentives (free bonuses, etc.) offered to the Customer upon sign-up will be also canceled.

Domain name registrations/transfers, service upgrades and web hosting plan renewals are treated as non-refundable services (see below) and cannot be cancelled or refunded after being activated upon customer request. The Customer will have the opportunity to transfer his/her domain away to another host.

Late cancellations, as well as accounts canceled by the Service Provider due to TOS violations (where the customer has decided not to fix the violation) do not qualify for the 30-day money back guarantee.

All credit requests for VISA, MasterCard, American Express and Discover payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer’s credit/debit card and affect the Customer’s credit/debit card balance in accordance with the credit/debit card issuer’s terms of service.

All credit requests for PayPal payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer’s PayPal account and affect the Customer’s PayPal balance in accordance with the PayPal’s terms of service.


MONEY BACK GUARANTEE POLICY

The Service Provider offers a 30-day money back guarantee. If you are not satisfied with our hosting services, you can submit a refund request in a trouble ticket opened from your web hosting control panel, or via email sent to billing@duoservers.com, and receive a full refund for your hosting plan within 30 days of the purchasing of the account. Please, NOTE that domain name registrations/transfers are non-refundable services.

All recurring payments and all payments made via Western Union or bank wire are non-refundable and are not subject to the 30-day money back guarantee.


NON-REFUNDABLE SERVICES


Non-Refundable Services: all service upgrades, wallet refills and plan renewal services purchased from the Web Hosting Control Panel; all 1-year or multi-year domain registration or transfer services purchased at sign-up or from the Web Hosting Control Panel.

All domain registrations and domain transfers are final, do not include any money-back guarantee and will be subject to a fee that is calculated on the basis of the actual NON-PROMOTIONAL annual price of the purchased domain’s TLD, multiplied by the number of years of registration or transfer. Any refund amount credited back to the Customer in accordance with our 30-day money back guarantee will not include the cost of the non-refundable services (if any) that have been purchased with the Customer’s web hosting plan upon sign-up (i.e. the Customer will be issued a partial refund on the original transaction if he/she has purchased non-refundable services within the web hosting account).


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 at the Service Provider will be subject to full investigation.

When signing up for a web hosting account with the Service Provider, customers agree to the conditions explicated in our Acceptable Use Policy (AUP) and the Web Hosting Terms of Service. Thus, the Service Provider, as well as our authorized retailers (PayPal, WorldPay, 2CheckOut), 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 the Service Provider’s team will be to try to contact the user. Meanwhile, the user 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 a decision has been taken for according action.

If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with our authorized retailers and the account will be re-activated.

If the user has sent a chargeback request based on groundless argumentation (to our own judgment and these Web Hosting Terms of Service), then a dispute will be started with our authorized retailers in which the Web Hosting Terms of Service and the Acceptable Use Policy of the Service Provider will serve as proof 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 the Service Provider has the right to a reverse payment.

In case that the chargeback originates from a fraudulent user and no reverse payment procedure can be initiated, then the respective hosting account will remain suspended.

Domain Name Registration Agreement

This Registration Agreement (“Agreement”) is between you, any agent or person authorized to act on your behalf, the registrant listed in the WHOIS contact information for the domain name (“You”, “Registrant”), and the following companies, which work in association with MasayaHost – LiquidNet Ltd., an ICANN accredited domain registrar, headquartered in London, UK (No. 4654498) and LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida. MasayaHost, LiquidNet US LLC and LiquidNet Ltd. will be referred to in this document as ‘We’, ‘Us’, ‘Our’ and ‘Service Provider’, for the sake of brevity.

  1. YOUR AGREEMENT

    The Agreement sets forth the terms and conditions of your use of domain name registration and related services (“Services”). It explains the obligations of the Service Provider to you, and explains your obligations to the Service Provider for various services offered by the Service Provider.

    By using the service(s) provided by the Service Provider under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the accompanying dispute policy and any pertinent rules or policies that are or may be published by the Service Provider, the Uniform Dispute Resolution Policy (“UDRP”), and the rules, policies, or agreements published in association with specific of the Service(s) and/or which may be enforced by Internet Corporation of Assigned Names and Numbers (“ICANN”), the registries, and governments.

  2. DOMAIN NAME REGISTRATION/TRANSFER

    The Service Provider provides domain registrations for both generic Top Level Domains (gTLDs) and country-code Top Level Domains (ccTLDs).

    1. All domain registrations and renewals are non-refundable. When a domain is registered/renewed, all registrar companies (including ours) pay a service fee to the top-level Registry organization (“Registry Operator”) that manages the particular extension. As the Registries do not reverse dates and do not refund service fees, it is not possible for us to do this either.
    2. Domain name registrations/transfers are non-refundable. As changes are no longer allowed after a registration request is submitted, you should always check for correct spelling before purchasing a domain name.
    3. Domain name registrations are not operative before the registry оperator activates the domain name(s). The domain name registration(s) are only active during the registration period chosen by the registrant (you). The registration period of newly registered domain names starts from the date on which the registration is approved by the registry.
    4. The Service Provider and the top registry оperator, also known as Primary Service Provider, will not be held accountable for any inadvertences, mistakes or otherwise deviations on the side of the registry оperator in regards to requests for registration, renewal, or any modifications of already registered domain name(s).
    5. You, as the registrant, agree that the domain name registration is a service, which cannot be interpreted autonomously from the services described in this Agreement or a similar Agreement from the registrar. You, as a Registrant, accede that domain name registration services do not develop a proprietary significance and you will not be entitled to any such proprietary significance claims for domain name(s) registered through our company.
    6. The Registered Name Holder shall “indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder’s domain name registration.” At its simplest, this means that if the Registry Operator (or its employees, etc.) for the registered name is sued because of the Registered Name Holder’s domain name registration, the Registered Name Holder will pay the Registry Operator for all fees and expenses in defending against the suit as well as pay for any judgments or liabilities awarded. This “indemnification” is not solely limited to court cases.

    You can view the full list of Registrant Benefits, Rights and Responsibilities, approved by ICANN, on their website:
    http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm
    https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#registrant

    If you register a .INFO domain name, you also enter into a contract of registration with Afilias Limited, which is represented by the following Terms & Conditions:
    http://afilias.info/policies

    If you register a .UK, .CO.UK, .ORG.UK or .ME.UK domain name, you also enter into a contract of registration with Nominet UK, which is represented by the following Terms & Conditions:
    http://www.nominet.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration

  3. SERVICE PAYMENTS, RECURRING CONTRACTS AND CHARGEBACKS

    1. When signing up for an account with the Service Provider, you agree to pay for the period of one year (365 days) and abide by our Order Verification Policy. Our Sales Department will strictly scrutinize each account order and carefully processes each payment in order to ensure that no fraudulent user can take advantage of our web hosting system.
    2. The Service Provider will charge customers with fees based on the fee structure of our system at the time of the sign-up process. The Service Provider expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online on the Service Provider-owned websites and effective immediately without need for further notice to you. If you have purchased the service(s) for a period of months or years, changes or modifications in prices and fees shall be effective when the service(s) in question come up for renewal. For our current fee structure, you may access the schedule of fees available on the Service Provider-owned website.
    3. Each customer of ours will be able to take advantage of the domain service 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. The Service Provider reserves the right to introduce certain changes to the Services (in the form of complementary services) to the benefit of the customer.
    4. When you pay for a domain name via credit card or PayPal, a 12-month recurring billing subscription will be created automatically for your convenience, for which you will get a notification from the payment processor.
    5. All automatic payments go through exactly 7 days before the due date so as to avoid any downtime to your websites if there is a problem with the credit card/PayPal account.
    6. We’ll send you a reminder of the due payment at least 24 hours before the automatic charge takes place.
    7. You can cancel the subscription at any time from the Control Panel -> My Account -> Recurring, or directly through PayPal – if it’s a PayPal account subscription.
    8. If a chargeback request is initiated through your bank, our payment processor will impose a penalty fee of $30 on us for handling the chargeback procedure. Thus, if you decides to reactivate the given domain/hosting service, you will have to cover the respective service fee and the penalty fee that resulted from your chargeback.

  4. EXPIRATION AND RENEWAL OF SERVICES; EXPIRATION NOTIFICATIONS

  5. Even though the Service Provider will provide regular reminders about the expiration of the domain name(s) registered through the company, it is your obligation to keep track of when the registration service(s) will expire. Should you fail to renew a domain name before its expiration date, the domain name will be suspended or canceled.

    1. After a domain name’s expiration date, there is a period of 30 days, in which the domain name can be renewed. Certain domain name extensions do not have such a period, so leaving a domain name to expire before attempting a renewal is at your own discretion.
    2. After the 30-day renewal period has passed, some domain names (as per TLD Registry Operator Policies) enter a so-called Redemption Grace Period. A domain name, which has entered a Redemption Grace Period can still be renewed. However, additional fees will be added to the domain’s renewal price.
    3. The RGP fee depends on the given TLD and on the registrar through which it is registered as follows:

      RegistrarTLDRGP fee
      LiquidNet Ltd.com, .net, .org, .info, .biz$90.00
      LogicBoxes.us, .in, .cc, .tv$90.00
      EURid.eu$20.00
      eNom.com, .net, .org, .info, .biz,.co, .asia, .ca, .name, .mobi, .tw, .com.tw, .org.tw, .idv.tw, .pro, .me$270.00
    4. You can find the official information regarding the Redemption Grace Period on ICANN’s page: http://www.icann.org/registrars/redemption-proposal-14feb02.htm
    5. If a Redemption Grace Period is applicable for a specific domain name, it will last between 30-42 days.
    6. Extended Redemption Grace Period – the extended redemption period may add another 7 – 30 days to the domain name’s redemption period. During this period the domain name owner is allowed to retrieve the domain name from deletion by contacting the domain’s registrar.
    7. If you do not redeem your domain name prior to the end of the Redemption Grace Period/Extended Redemption Grace Period (or the renewal period – if RGP is not applicable), the Service Provider reserves the right to delete the domain name, as per ICANN’s Domain Deletion & Auto-renewal Policy (EDDP).
    8. After the redemption period of an expired domain name is over, follows the Pending Delete Period – a registry level period of up to 5 days during which no one is allowed to renew the domain name and it cannot be newly registered because it’s still not returned to the public pool of domain names.
    9. Released by Registry Period – after the domain name’s ‘Pending Delete Period’ is over, it is released back into the public pool of domain names and is newly available for registration.

    NOTE: As per EURid’s domain expiration policy, all .EU domain names will be suspended one day BEFORE their official expiration date and will enter a 40-day Redemption Grace Period during which they can still be renewed. However, an additional fee will be added atop the renewal price.

    Pursuant to ICANN’s Expired Registration Recovery Policy (ERRP), the Service Provider will notify the Registrant of an expiring domain name before and after its expiration date. The Service Provider’s renewal reminder will consist of an email message sent to the Registrant’s email address as it is listed in the expiring domain’s Whois record. The pre-expiration emails are sent 30, 14 and 7 days before the expiration date itself. The post-expiration notices are sent on the very expiration date, as well as 7 and 14 days after it. Where appropriate, the Service Provider sends such notices to the given domain name’s administrative contact, and/or any other email address that the Service Provider determines, in its sole discretion, to be sufficiently related to the domain name in question. You therefore acknowledge and agree that it is your responsibility to provide and maintain accurate contact information so that the Service Provider can send you important notices regarding your account.

  6. BACKORDERING EXPIRING DOMAINS 

  7. Backordering a domain allows you to attempt to acquire an attractive domain that expires within the upcoming few days, the moment it becomes available for registration. The service is currently available only for .COM and .NET TLDs.

    Placing a backorder does not guarantee that you will acquire the domain name you have requested. We cannot guarantee a successful registration and will not be held liable if we are unable to register the requested domain name, because this registration process is on a first-come-first-served basis where we might be unsuccessful in our attempt to register it for you.

    In order to be eligible for the backorder domain service, you will need to deposit or have enough funds in your wallet balance. The amount placed in the wallet is non-refundable, so if we do not succeed in registering the domain for you, the funds will be returned in your overall wallet balance and you can use them for another service or attempt to backorder another domain.

  8. DOMAIN NAME WHOIS INFORMATION

  9. You agree to provide current, complete and accurate contact details with respect to the WHOIS information for your domain name(s). Within seven (7) days of any change to such information, you must update such information as needed to keep it current, complete and accurate.

    What you are required to submit will vary by registration but may include the administrative, technical, and billing contacts for your domain name registration(s) and other services: name, postal address, email address, voice telephone number, and where available, fax number, as well as the name of authorized person for contact purposes in the case of an Registrant that is an organization, association, or corporation.

    Not all data elements will be required for every domain registration, but the required elements will be detailed at time of registration or renewal. The type of information you are required to provide may change and you must provide such information and keep your Account information current.

    You may provide information regarding the name servers assigned to your domain name(s) and, if we are providing name-server services to you, the DNS settings for the domain name. If you do not provide complete name-server information, we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information.

  10. REGISTRANT INFORMATION AND DATA SHARING

    1. Data required for the registration of a domain name varies by top-level domain. The required data for a domain name registration will be presented at the time of registration or renewal and may include up to:
      • registered name;
      • names of the primary nameserver and secondary nameserver(s) for the Registered Name;
      • name, postal address, email address, and voice and fax (if available) telephone numbers of the registrant contact for the domain name;
      • name, postal address, email address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
      • name, postal address, email address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and
      • name, postal address, email address, and voice and fax (if available) telephone numbers of the technical contact for the domain name.
    2. You acknowledge and agree that the contact details of your domain, as well as its registration and expiration dates and the name server associated with it, may be shared with the relevant authoritative Registry Operator for your top-level domain.

      The identity of the Registry Operator can be found at https://www.iana.org/whois. The registration data for domains in any TLD you have registered can be found in the Data Use Information Page.

  11. COMPLETE AND ACCURATE DOMAIN NAME WHOIS INFORMATION

  12. You represent and warrant that the statements in your application are true and that no Services are being procured for any unlawful or abusive purpose, including but not limited to the infringement of any intellectual property right or other right; the distribution of malware; the abusive operation of botnets; phishing; fraudulent or deceptive practices; the unauthorized transfer to yourself or any other party of any domain name or services; counterfeiting; or any other activity in violation of any laws, rules, or regulations.

    Registrant’s willful provision of inaccurate or unreliable information, its willful failure to update information within seven (7) days of any change, will constitute a material breach of the present Agreement and be a basis for suspension and/or cancellation of the domain name registration.

    If the information provided by the Registrant is deemed inaccurate by the Service Provider, and the Registrant fails to respond within 15 calendar days of the date the Service Provider sends a notice to the Registrant, this will be treated by the Service Provider as a material breach of the present Agreement and be a basis for suspension and/or cancellation of the domain name registration.

    You are solely responsible for keeping track of the emails that will be sent by the Service Provider to the email address associated with the registered domain name. Inability to respond to such inquiries and emails may result in losing ownership over the domain name(s).

  13. THIRD-PARTY USE OF DOMAIN NAME REGISTRATIONS

  14. If, in obtaining the Service Provider’s Services, you provide information about or on behalf of a third party, you represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Agreement, and (b) obtained the third party’s express written consent to the disclosure and use of that party’s information as set forth in this Agreement.

    You will represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.

    Any Registrant that intends to license use of a domain name to a third party is nonetheless the Registrant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the registered domain name.

    A Registrant licensing use of a registered domain name according to this provision shall accept liability for harm caused by wrongful use of the registered domain name unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing reasonable evidence of actionable harm.

  15. OBLIGATIONS RELATED TO WHOIS DATA PROCESSING

  16. Тhe Service Provider shall provide notice to each new or renewed Registrant stating:

    • the purposes for which any personal data collected from the applicant are intended;
    • the intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);
    • which data are obligatory and which data, if any, are voluntary; and
    • how the Registrant or data subject can access and, if necessary, rectify the data held about them.

    The Registrant, in turn, shall consent to the data collecting procedure stated in subsection 7-a.

    The Registrant shall represent that a notice equivalent to that described in subsection 7-a has been provided to any third-party individuals whose personal data are supplied to Registrar by the Registrant, and that the Registrant has obtained consent equivalent to that described in subsection 7-b of any such third-party individuals.

    Тhe Service Provider will agree that it will not process the personal data collected from the Registrant in a way incompatible with the purposes and other limitations about which it has provided notice to the Registrant in accordance with subsection 7-a above.

    Тhe Service Provider will agree that it will take reasonable precautions to protect personal data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

  17. OBLIGATIONS RELATED TO DOMAIN REGISTRATION DISPUTES

  18. You agree to the Uniform Domain Name Dispute Resolution Policy (“UDRP”), a copy of which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm. You agree that the UDRP may be changed by ICANN (or ICANN’s successor) at any time and that such a change will be binding upon you. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the UDRP in effect at the time your domain name registration is disputed by the third party. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP. You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Services provided to you, you may lose your rights to receive the Services if you do not respond expeditiously to an email sent in conjunction therewith.

    For the adjudication of disputes concerning or arising from use of the registered domain name the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile and (2) where the Service Provider is located.

  19. ACCOUNT REVIEW, DATA MODIFICATION OR DELETION

  20. To access, view, update, delete or download data associated with your domain name registration, you must be signed into your account with the Service Provider. If you make a request to delete your personal data and that data is necessary for the Services you have purchased, the request will be honored only to the extent it is no longer necessary for any services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements. In some cases, when data is necessary for the provisioning of service, deletion of data may cancel or suspend the Services you have purchased.

  21. ACCOUNT SECURITY

  22. It is your duty to safeguard your аccount login username and password from any unauthorized use. Any person in possession of your аccount login username and password will have both the ability and your authorization to modify your account and domain name information, initiate transfers of your domain name(s) to other registrars, initiate registrant changes to your domain names which may terminate your rights to use such domain name(s), update DNS changes to your domain name(s) which may result in changes to the content associated with your domain name(s) and take other actions which may affect or terminate your rights and access to your domain name(s) and/or the Services.

    We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and such reasonable precautions include procedures for releasing Account access information to parties who claim to have lost Account access information. If we take reasonable precautions in relation thereto, IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT.

  23. SHARING OF WHOIS INFORMATION

  24. You agree that we will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, any ICANN-authorized escrow service, the Registry Operator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name.

    You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information.

    You agree that we may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws, including by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us. We reserve the right to discontinue providing bulk WHOIS data access to third parties.

    Additionally, you acknowledge that ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN’s guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/.

  25. OWNERSHIP OF INFORMATION AND DATA

  26. You agree and acknowledge that we own all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, email address, voice telephone number, and where available fax number of all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.

  27. TRANSFERS OF DOMAIN NAMES

  28. You agree that transfer of your domain name(s) services shall be governed by ICANN’s transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm as well as the UDRP as described in Section 11 of this Agreement, as these policies may be modified from time to time.

    You agree that, upon initial registration, we may place a “Registrar Lock” (“ClientTransferProhibited” status) on your domain name services and that this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed, which may be done within your Account. To transfer your domain name(s) you should first login to your account to lock or unlock your domain name(s) and/or to obtain the EPP “AuthCode” which is required to transfer domain services in an EPP registry (such as .com).

    Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 calendar days of initial registration, within 60 calendar days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due.

    We will follow the procedures for both gaining and losing registrars as outlined in ICANN’s transfer policies. Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire in which event you may need to reinstate the transfer request. You may be required to resubmit a transfer request if there is a communication failure. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.

  29. SERVICES PROVIDED AT WILL; TERMINATION OR SUSPENSION OF SERVICES:

  30. We may reject your domain name registration application or elect to discontinue providing Services to you for any reason within thirty (30) days of a Service initiation or a Service renewal. Outside of this period, we may terminate or suspend the Services at any time for cause, which, without limitation, includes (i) registration of prohibited domain name(s), (ii) abuse of the Services, (iii) payment irregularities, (iv) allegations of illegal conduct or infringement of any third party intellectual property right or other right, (v) failure to keep your Account or WHOIS information accurate and up to date, (vi) failure to respond to inquiries from us for over fifteen (15) calendar days, or (vii) if your use of the Services involves us in a violation or alleged violation of any third party’s rights or acceptable use policies, including but not limited to the transmission of unsolicited email or the violation or alleged violation of any intellectual property right or other right. No fee refund will be made when there is a suspension or termination of Services for cause.

    At any time and for any reason, we may terminate the Services thirty (30) days after we send notice of termination via mail or email, at our option, to the WHOIS contact information provided in association with your domain name registration. Following notice of termination other than for cause, you must transfer your domain name within such thirty (30) day notice period or risk that we may delete your domain name, transfer the registration services associated with your domain name to ourselves or a third party, or suspend or modify Services related to your domain name.

    If we terminate or suspend the Services provided to you under this Agreement, we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously provided to you. If we have grounds to terminate or suspend Services with respect to one domain name or in relation to other Services provided through your Account, we may terminate or suspend all Services provided through your Account. We and any Registry Operator reserve the right to deny, cancel, or transfer any domain name registration or transaction, or place any domain name(s) on lock, hold, or similar status, as we or the Registry Operator deem necessary, in either our or the Registry Operator’s unlimited and sole discretion: (i) to protect the integrity and stability of the Registry Operator; (ii) to comply with any applicable registry policies and/or procedures or ICANN rules and regulations, including without limitation, the registry agreement; (iii) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (iv) to avoid any liability, civil or criminal, on the part of us or the Registry Operator, as well as our or the registry’s affiliates, subsidiaries, officers, directors, and employees; (v) to correct mistakes by us, another registrar, or the registry in connection with the domain name; (vi) following an occurrence of any of the prohibited activities; (vii) per the terms of this Agreement; or (viii) for the resolution of disputes concerning the domain name.

  31. LIMITATION OF LIABILITY

  32. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF THE DISPUTE POLICY. YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  33. INDEMNITY AND DEFENSE

  34. With respect to ICANN, the Registry Operators, and the Service Provider, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under this Agreement, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under this Agreement, we may seek written assurances from you in which you promise to defend, indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar of record. Moreover, should we be forced to defend ourselves in any action or legal proceeding in connection with any Service(s) provided to you, you shall have sole responsibility to defend us against any such claim by the legal counsel of our choosing. This indemnification is in addition to any indemnification required under the UDRP. The terms of this paragraph will survive any termination or cancellation of this Agreement.

  35. REPRESENTATIONS AND WARRANTIES

  36. YOU REPRESENT AND WARRANT THAT NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICES INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY OR WILL OTHERWISE SUBJECT US TO A LEGAL CLAIM. THE SERVICES ARE INTENDED FOR USE BY PERSONS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD AND BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICES IS ACCURATE. ALL SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  37. GOVERNING LAW AND JURISDICTION FOR DISPUTES

  38. Except as otherwise set forth in the UDRP, URS, or any similar ccTLD policy, with respect to any dispute over a domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United Kingdom, as if the Agreement was a contract wholly entered into and wholly performed within the United Kingdom. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be determined by arbitration. Judgment on the Award may be entered in any court having jurisdiction. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY FORM OF A CLASS PROCEEDING. Further, unless both you and we expressly agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class proceeding. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your Account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your Account and/or domain name WHOIS information.

    Notwithstanding the foregoing, for the adjudication of third party disputes (i.e., disputes between you and another party, not us) concerning or arising from use of domain names registered hereunder, you shall submit without objection, without prejudice to other potentially applicable jurisdictions, to the subject matter and personal jurisdiction of the courts (i) of the domicile of the registrant as it appears in the public WHOIS record for the domain name(s) in controversy, and (ii) where we are located.

  39. NOTICES

  40. Any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the Account and/or domain name WHOIS information you have provided.

  41. CHANGES TO THIS AGREEMENT

  42. This Agreement may change over time, either through amendments by us, changes to ICANN policy or applicable law which may or may not be reflected in the text of this Agreement, or otherwise. Before any material changes to this Agreement become binding on you (other than changes resulting from a change in ICANN policy or applicable law), we will notify you of such changes by, for example, sending email to you at your email address of record. If, as a result of such a change, you no longer agree with the terms of this Agreement, your exclusive remedies are:

    1. to transfer your domain name registration services to another registrar, or
    2. to cancel your Services, including domain name registration services, with us. Your continued use of the Services following notification of a change in this Agreement indicates your consent to the changes. Unless otherwise specified by us, any such change binds you:
      1. thirty (30) days after we notify you of the change, or
      2. immediately if such change is a result of a new or amended ICANN policy or applicable law.

  43. CUSTOMER SERVICE CONTACT DETAILS


  44. Customers can get in touch with our Customer Service via any of the contact options listed below:

    1. Open a trouble ticket from the customer Web Hosting Control Panel (section Help Center – > Open New Ticket)

    2. Phone:

    US TOLL FREE PHONE: +1-855-211-0932
    INTERNATIONAL PHONE: +1-727-546-4678
    UK PHONE : +44-20-3695-1294
    AU PHONE : +61-2-8417-2372

    3. Send us a Letter to:

    LiquidNet US LLC
    6750 North Andrews Ave
    Suite 200
    Fort Lauderdale, FL 33309
    United States of America

    LiquidNet Ltd.
    13 Craigleith
    7 Kersfield Road
    Putney, London SW15 3HN
    United Kingdom

Uniform Domain Name Dispute Resolution Policy

(As Approved by ICANN on October 24, 1999)

1. PURPOSE. This Uniform Domain Name Dispute Resolution Policy (the “Policy”) has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules of Procedure”), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider’s supplemental rules.

2. YOUR REPRESENTATIONS. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that:

  1. the statements that you made in your Registration Agreement are complete and accurate;

  2. to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party;

  3. you are not registering the domain name for an unlawful purpose;

  4. you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights.

3. CANCELLATIONS, TRANSFERS, AND CHANGES. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

  1. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;

  2. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action;

  3. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) (k) below).

    We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

4. MANDATORY ADMINISTRATIVE PROCEEDINGS. This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/udrp/approved-providers.htm (each, a “Provider”).

a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a “complainant”) asserts to the applicable Provider, in compliance with the Rules of Procedure, that

  1. your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

  2. you have no rights or legitimate interests in respect of the domain name; and

  3. your domain name has been registered and is being used in bad faith.

In the administrative proceeding, the complainant must prove that each of these three elements are present.

b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)/(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

  1. circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

  2. you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

  3. you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

  4. by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):

  1. before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

  2. you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or

  3. you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).

e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process of initiating and conducting a proceeding and appointing the panel that will resolve the dispute (the “Administrative Panel”).

f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes that are to be consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.

g. Fees. All fees charged by a Provider in connection to any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly between you and the complainant.

h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.

i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.

j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.

k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel’s decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our WHOIS database (see Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details). If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel’s decision, and we will take no further action, until we receive:

  1. evidence satisfactory to us of a resolution between the parties;

  2. evidence satisfactory to us that your lawsuit has been dismissed or withdrawn;

  3. a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5. ALL OTHER DISPUTES AND LITIGATION. All other disputes between you and any party other than us regarding your domain name registration, that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4, shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

6. OUR INVOLVEMENT IN DISPUTES. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

7. MAINTAINING THE STATUS QUO. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8. TRANSFERS DURING A DISPUTE.

a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder:

  1. during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or

  2. during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator.

    We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9. POLICY MODIFICATIONS. We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at MasayaHost at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.



MasayaHost Whois Privacy Protection Service Agreement

PLEASE READ CAREFULLY THE WHOIS PRIVACY PROTECTION SERVICE AGREEMENT (FOR THE SAKE OF SIMPLICITY, FROM HEREON WE WILL REFER TO IT AS “AGREEMENT”). YOU AGREE WITH ALL TERMS AND CONDITIONS IN THIS AGREEMENT IN ORDER TO USE THE WHOIS PRIVACY PROTECTION SERVICES (WHICH FROM HEREON WILL BE REFERRED TO AS “IDP SERVICES”). YOU AGREE THAT LiquidNet US LLC CAN CHANGE THIS AGREEMENT BY POSTING THE CHANGED AGREEMENT ON THE WEB PAGE FROM WHERE YOU PURCHASED THE IDP SERVICES. YOU AGREE THAT ANY NEW, DIFFERENT OR ADDITIONAL FEATURES THAT CHANGE THE IDP SERVICES WILL AUTOMATICALLY BE SUBJECT TO THIS AGREEMENT. YOU AGREE THAT ALL NEW, UPDATED OR ADDITIONAL FEATURES THAT CHANGE IN SOME WAY THE IDP SERVICES WILL AUTOMATICALLY BE SUBJECT TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL THE CHANGES TO THE AGREEMENT HERETO, DO NOT USE OR CONTINUE USING THE IDP SERVICES. IF YOU CONTINUE TO USE THE IDP SERVICES AFTER THIS AGREEMENT HAS BEEN UPDATED AND THE CHANGES POSTED ONLINE, YOU WILL AUTOMATICALLY BE SUBJECT TO THE NEW TERMS AND CONDITIONS POSTED.

This Agreement is by and between LiquidNet US LLC, a Florida corporation (C/O whois-shield.com, Fort Lauderdale, FL, 33309), and You, Your heirs, executors, administrators, agents, successors and assigns (“You,” “Your,” and other appropriate formatives). This Agreement will define the exact terms and conditions of Your relationship with LiquidNet US LLC and Your use of the IDP Services. You confirm that You have read and understand and agree to be bound by all terms and conditions specified in this Agreement for transactions entered into by:

  1. You on Your behalf;
  2. anyone acting as Your agent or representative;
  3. anyone who uses the account from which You want to obtain the IDP Services, whether or not the transactions are on Your behalf and/or authorized by You.

You agree that You will be bound by representations made by third parties You use to obtain the IDP Services. You also agree to follow the terms and conditions, established by the Internet Corporation for Assigned Names and Numbers (“ICANN”), including the Uniform Domain Name Dispute Resolution Policy and any policy which ICANN may enforce, regarding WHOIS information.

  1. THE IDP SERVICES
    If you subscribe to the IDP Services, your name, postal and email address, phone and fax numbers shall be kept confidential and hidden, falling subject to Section 5 of this Agreement. The following information (instead of your personal details) will be thereafter publicly available in the “Whois” section for each IDP Domain:

    • LiquidNet US LLC’s email and postal address, phone and facsimile number for the registrant, administrative, technical and billing contacts (“IDP Addresses”);
    • The primary and secondary domain name servers You have designated for the IDP Domain;
    • The IDP Domain’s original registration and expiration date;
    • The identity of Your registrar and the status of the IDP Domain with the registrar (such as: “Active”, “Registrar Lock”, “ClientTransferProhibited”, etc.).

    While You will not be listed as the registrant of the IDP Domain, LiquidNet US LLC will not control the IDP Domain(s). You will retain your right to sell or transfer each IDP Domain; You will retain your right to control and set the DNS settings for the IDP Domain(s); You will retain your right to renew each IDP Domain name registration upon expiration and You will still be responsible for any and all monetary or other legal claims, connected with Your IDP Domain(s), subject to the remaining sections of this Agreement.

    IMPORTANT: THE IDP SERVICE IS NOT A MAIL FORWARDING SERVICE. You agree that You will not give to any third party the IDP Addresses for the intention of having the third party send communications to you via the LiquidNet US LLC IDP Service. Third parties can obtain the IDP Addresses listed in the Whois Information of their own accord, but You agree that You will not provide the IDP Addresses to such third parties.

  2. PROVISION OF PERSONAL INFORMATION
    You agree that for each IDP Domain, You will provide LiquidNet US LLC with the current details and that you will maintain them current and accurate:

    • Your name, address, email and postal address, phone and fax numbers;
    • The name, address, email and postal address, phone and fax numbers for the IDP Domain’s administrative, technical, and billing contacts;
    • The primary and secondary domain name servers for the IDP Domain;

    You agree to:

    • update this information as soon as it changes;
    • reply in up to five (5) business days to any inquiries made by LiquidNet US LLC to determine the validity of the information You have provided;
    • promptly reply to messages regarding correspondence sent to or involving Your IDP Domain(s), as defined in section 6 below.

    MasayaHost may modify its information from time to time in such a way, which may constitute a “Change of Registrant” under ICANN’s Transfer Policy (the “Transfer Policy”). In such a case, You explicitly opt out of any 60-day inter-registrar transfer lock that would otherwise be imposed under the Transfer Policy due to any such Change of Registrant.

    In addition, You explicitly authorize the registrar of the IDP Domain to act as its “Designated Agent” (as defined in the Transfer Policy) to approve each “Change of Registrant” (as defined in the Transfer Policy) on its behalf.

  3. FEES AND RENEWALS
    If, on the due date LiquidNet US LLC has not received renewal or other fees, you agree that LiquidNet US LLC can try to contact You, but is not obliged to do so, and You agree that LiquidNet US LLC can suspend or terminate the IDP Services as a result of non-payment.

    LiquidNet US LLC can charge reasonable fees for administrative tasks for services, not falling into the already defined ones. These include, but are not limited to, customer service issues that require personal service and disputes that require legal services. You are responsible for covering all fees and taxes associated with using LiquidNet US LLC’s services. Payments shall be made by credit card or PayPal. You agree that charges will appear on Your credit card statement under “PayPal Hosting” or “PayPal Hosting and Domains”, depending on whether the credit card statement is restricted to 11 or 19 symbols. All fees are non-refundable.

    If there is a charge back for a fee, which has been already covered, You agree that LiquidNet US LLC can, without notice, pursue all available remedies in order to obtain payment for that fee. Without limitation on other remedies which may be available under such circumstances, You agree that LiquidNet US LLC may assume complete ownership of the IDP Domain(s), that the IDP Domain(s) can be sold to third parties, or that the IDP Domain(s) can be pointed to an IP address of LiquidNet US LLC’s own choice, and that LiquidNet US LLC can immediately cancel Your Account and all other services provided to You.

    IMPORTANT TERMS REGARDING THE RELATIONSHIP OF THE TERM OF THE IDP SERVICES AND THE REGISTRATION TERM OF THE ASSOCIATED IDP DOMAIN: Your IDP Services term begins on the date when Your purchase of IDP Services is accepted by the LiquidNet US LLC and it will run for the time period you have chosen (by default, one year). The IDP Services term can be different from the registration term of the IDP Domain. If the domain, for which the IDP Service is activated, expires and is deleted before the end of the term of the IDP Service, then the IDP Service associated with this domain will end when the IDP Domain is deleted and there will be no refund for the unused portion of the IDP Services. If the IDP Services term ends while the registration term for the IDP Domain is still ongoing, then the IDP Services will no longer be available until they are renewed and the personal information specified in section 2 will be listed as the WHOIS information for the (then former) IDP Domain. All communication forwarding services (specified in section 6) will no longer be provided.

  4. YOUR RESPONSIBILITIES AND WARRANTIES
    It’s Your responsibility to keep all information provided by You in relation to this Agreement truthful, complete, current and accurate and to maintain all information in this status for the term of this Agreement. You agree that You will be using the IDP service in good faith and that You have no information, knowledge or reason to consider that Your IDP Domain or the content found at all the IP Addresses associated with it violate or conflict with legal rights of a third party or a third party’s trademark or trade name. You warrant that neither the IDP Service nor the domain associated with the IDP Service are to be used in connection with any of the activities defined in section 5 of this Agreement, or used for the transmission of unsolicited Spam emails.

  5. SERVICE DISCONTINUANCE

    In the event of any of the following:

    • If the IDP Domain(s) is (are) alleged to violate any third party’s legal rights, trademark, copyright interests or trade name;
    • If You violate any section of this Agreement;
    • If You breach any section of the Domain Registration Agreement;
    • If necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or law enforcement requests;
    • If LiquidNet US LLC is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your use of the IDP Services or an IDP Domain;
    • If necessary to comply with ICANN’s Dispute Resolution Policy or other policies enforced by ICANN (including policies which may preclude using a service such as Whois Privacy Protection);
    • If necessary to avoid any financial loss or legal liability (civil or criminal) on the part of LiquidNet US LLC, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
    • OR if it comes to LiquidNet US LLC’s attention that You are alleged to be using the IDP Services for the purpose of engaging in, participating in, sponsoring or hiding Your involvement in illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise:
      1. appeal primarily to prurient interests;
      2. defame, embarrass, harm, abuse, threaten, or harass;
      3. violate state or federal laws of the United States and/or foreign territories;
      4. involve hate crimes, terrorism or child pornography;
      5. are tortuous, vulgar, obscene, invasive of a third party’s privacy, race, ethnicity, or are otherwise objectionable;
      6. impersonate the identity of a third party;
      7. harm minors in any way;
      8. relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information,

    THEN

    You understand and agree that LiquidNet US LLC has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to suspend the IDP Services, close Your Account, terminate the provision of the IDP Services, list the information You provided in section 2 as the Whois information or provide the information You provided in section 2 to a claimant, resolve any and all third party claims, whether threatened or made, arising out of Your use of the IDP Domain(s), or take any other action which LiquidNet US LLC deems necessary.

    In the event LiquidNet US LLC takes any of the actions set forth above or in the event You elect to cancel the IDP Services for any reason, any fees paid by You for the IDP Services will NOT be refunded.

    You also agree and understand that LiquidNet US LLC can, in its sole discretion and with no liability to You, cancel the IDP Service during the first thirty (30) days after Your purchase of the IDP Services, and/or suspend all Your rights under this Agreement and display the original WHOIS information until a resolution of the dispute or investigation of allegations raised against You is reached.

  6. FORWARDING COMMUNICATIONS
    You agree and understand that LiquidNet US LLC has the right to review communications sent to the IDP Addresses associated with Your IDP Domain. For communications received via certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal mail which does not appear to be unsolicited commercial mail (“Spam”), LiquidNet US LLC will either i) forward such communication to You or ii) attempt to send you a scanned copy of the communication in order to consult with You about whether to forward the communication to You or not. You specifically acknowledge that LiquidNet US LLC may choose not to contact You regarding (and not forward to You) first class postal mail or email, fax, postal mail or telephone communications which appear to be unsolicited communications which offer or advertise the sale of goods or services or which solicit charitable contributions, or communications which appear to arise from Your having used the IDP Services as a general mail forwarding service (see section 1, above). You authorize LiquidNet US LLC to either discard and ignore all such communications or return them to sender unopened. You agree to waive any and all claims arising from Your failure to receive communications directed to Your domain name but not forwarded to You by LiquidNet US LLC, including failures which arise from LiquidNet US LLC’s mistake in judging whether a communication appears to be an unsolicited communication.

    The Whois directory generally requires an email address for every purchased domain name registration. When You purchase IDP Services, LiquidNet US LLC creates an email address for that domain, which will look like this – “dsa343wqef432@whois-shield.com”. From there on, when a message is sent to the email address listed as the IDP Address, LiquidNet US LLC will forward the messages to the email address You listed in section 2. If the email address you have provided us with becomes non-functioning or if email sent to the address bounces, LiquidNet US LLC is not bound to try to contact You through other means.

    Your Obligation to Reply to messages from LiquidNet US LLC:

    • If LiquidNet US LLC receives a communication (email or general mail) which may warrant if forwarded to You, LiquidNet US LLC will send an email to the email address You provided as Your personal email address when filling the domain’s Whois information. This email message will identify the sender of the message and the date received. You will have seventy-two (72) hours to decide whether to have the message(s) forwarded to you. If you do not respond within this time period, the communication(s) will not be forwarded and discarded. The method of forwarding will be determined by LiquidNet US LLC. Forwarding of the messages may not be immediate; there can be a delay and communication(s) may be aggregated to be forwarded together, if there are a lot of them received. LiquidNet US LLC can begin charging fees for forwarding communications or may change the method of forwarding the correspondence without notice;
    • If You do not respond to the messages sent from LiquidNet US LLC regarding communications received at the IDP Address, LiquidNet US LLC may immediately reveal the information You provided as the original Whois data and/or cancel the IDP Services. This means that Whois lookups will display Your name, postal address, email address and phone number. This action will be taken because LiquidNet US LLC will not get involved in legal or other matters between You and third parties.
  7. LIMITATION OF LIABILITY
    LiquidNet US LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTIES. THIS LIMITED LIABILITY CLAUSE SHALL APPLY EVEN IF LiquidNet US LLC HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY CLAIMS. IN NO EVENT SHALL LiquidNet US LLC’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE OR THE PRODUCT. LiquidNet US LLC’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

    You also understand and agree that LiquidNet US LLC will disclaim any loss or liability resulting from:

    • the inadvertent disclosure or theft of Your personal information;
    • access delays or interruptions to our web site or the web sites of affiliated parties;
    • data non-delivery or misdelivery between You and LiquidNet US LLC;
    • the failure for whatever reason to renew the IDP Services;
    • the unauthorized use of Your Account or any of LiquidNet US LLC’s services;
    • deletion of, failure to store, failure to process or act upon email messages sent to or forwarded to either You or the email address listed for Your IDP Domain;
    • processing of updated information regarding Your Account;
    • any act or omission caused by You or Your agents (whether authorized by You or not).

    You also agree to release, defend, indemnify and hold harmless LiquidNet US LLC and its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney’s fees, coming from or related in any way to this Agreement, the IDP Services, the web sites of the Service Providers, Your Account, and/or Your use of Your IDP Domain.

  8. TERM OF AGREEMENT
    The term of this Agreement begins on the date Your purchase of the IDP Services is accepted by LiquidNet US LLC. The term shall run for a time period for which You ordered the IDP Services, unless terminated or suspended sooner according to the terms of this Agreement. Sections 6 (Forwarding Communications) and 7 (Limitation of Liability) shall survive any termination or expiration of this Agreement.

  9. CONTACT DETAILS
    If you have any questions about our Whois Privacy Protection Service Agreement, please use our Contact Us form.
    


    Postal Address:

    LIQUID NET US LLC
    6750 North Andrews Ave
    Suite 200
    Fort Lauderdale, FL 33309
    USA

    LiquidNet Ltd.
    13 Craigleith
    7 Kersfield Road
    Putney, London SW15 3HN
    United Kingdom