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Term of ServiceLast modified Agoust 1st, 2009All users of ENGINE Networks's services, and all customers upon signing up for ENGINE Networks's services, agree to comply with ENGINE Networks's Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using ENGINE Networks's services with due regard to the rights of other Internet users and in conformity with the requirements of ENGINE Networks's network environment. The TOU are not exhaustive and ENGINE Networks reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.enginenetworks.net or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent to abuse@enginenetworks.net. Except when expressly agreed to the contrary in writing by an authorized representative of ENGINE Networks, this TOU supersedes any other agreement with ENGINE Networks, whether written, oral, by conduct, or otherwise. A. ENGINE Networks Dedicated Server Customer RestrictionsThe following Terms of Use apply only to ENGINE Networks's Dedicated Server customers, and supplement the terms in sections C and D that apply to all ENGINE Networks customers: Customer Security ResponsibilitiesThe customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. IRCENGINE Networks allows Dedicated Server customers the use of IRC inside the ENGINE Networks network as long as the use of IRC on a ENGINE Networks server does not violate any of the other terms of these TOU. As a policy, ENGINE Networks will not provide vanity IRC reverse DNS records. To enforce this policy ENGINE Networks does not turn the reverse address of IPs over to the customer. Authority over this information remains with ENGINE Networks. Billing for Network ResourcesThe customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation. B. ENGINE Networks Virtual Machine Customer RestrictionsThe following Terms of Use apply only to ENGINE Networks's Virtual Machine customers, and supplement the terms in sections C and D that apply to all ENGINE Networks customers: Customer Security ResponsibilitiesThe customer is solely responsible for any breaches of security affecting virtual machine under customer control. If a customer's virtual machine is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. IRCENGINE Networks allows virtual machine customers the use of IRC inside the ENGINE Networks network as long as the use of IRC on a ENGINE Networks virtual machine does not violate any of the other terms of these TOU. As a policy, ENGINE Networks will not provide vanity IRC reverse DNS records. To enforce this policy ENGINE Networks does not turn the reverse address of IPs over to the customer. Authority over this information remains with ENGINE Networks. Billing for Network ResourcesThe customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's virtual machine to the Internet. The customer may request that the customer's virtual machine be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation. C. All ENGINE Networks Customer Terms of UseThe following Terms of Use apply to ALL ENGINE Networks customers: ENGINE Networks Services
Ownership of Web SiteThe legal owner of customers' Web sites and accounts with ENGINE Networks will be the individual or organization whose name is listed in ENGINE Networks's database as the owner. Customers will fully cooperate with and abide by any and all of ENGINE Networks's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with ENGINE Networks. Illegal UseENGINE Networks servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing ENGINE Networks services, all ENGINE Networks customers certify that they and/or the organization they represent in procuring services from ENGINE Networks are not, nor have been designated, a suspected terrorist are not owned or controlled by a 'suspected terrorist' and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto. SpammingSending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to ENGINE Networks's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a ENGINE Networks server, and selling or distributing software (on a Web site residing on a ENGINE Networks server) that facilitates spamming. Violators will be assessed a minimum fine of 200 € and will face immediate suspension. ENGINE Networks reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. System and Network AbuseViolations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Viruses and Other Destructive ActivitiesUse of ENGINE Networks's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use ENGINE Networks's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet. Child PornographyThe use of ENGINE Networks's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. ENGINE Networks is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services. PrivacyENGINE Networks is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, ENGINE Networks urges its customers to assume that all of their on-line communications are insecure. ENGINE Networks cannot take any responsibility for the security of information transmitted over ENGINE Networks's facilities. Additional details on privacy and ENGINE Networks's use of customer information can be found in ENGINE Networks's Privacy Statement located here. Customer ResponsibilityCustomers are required to use the ENGINE Networks network responsibly. This includes respecting the other customers of ENGINE Networks. ENGINE Networks reserves the right to suspend and/or cancel service with any customer who uses the ENGINE Networks network in such a way that adversely affects other ENGINE Networks customers. While ENGINE Networks may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, ENGINE Networks does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when ENGINE Networks becomes aware of any violation of the TOU or other user agreements, ENGINE Networks may take any action to stop or correct such violation, including, but not limited to, denying access to ENGINE Networks's services and equipment or to the Internet. In addition, ENGINE Networks may take action against a customer or a customer of such customer because of the activities of such customer. ENGINE Networks anticipates that customers who offer Internet services will cooperate with ENGINE Networks in any corrective or preventive action that ENGINE Networks deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of ENGINE Networks policy and ENGINE Networks reserves the right to take any such action even though such action may affect other customers of the ENGINE Networks customer. Actions Taken by ENGINE NetworksThe failure by a customer to meet or follow any of the TOU is grounds for account deactivation. ENGINE Networks will be the sole arbiter as to what constitutes a violation of the TOU. ENGINE Networks reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When ENGINE Networks becomes aware of an alleged violation of its TOU, ENGINE Networks will initiate an investigation. During the investigation, ENGINE Networks may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, ENGINE Networks may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, ENGINE Networks will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. ENGINE Networks does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by ENGINE Networks. IndemnificationENGINE Networks customers agree to protect, defend, hold harmless, and indemnify ENGINE Networks, any third party entity related to ENGINE Networks (including, without limitation, third party vendors), and ENGINE Networks's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of ENGINE Networks's services. DisclaimerThe ENGINE Networks service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. ENGINE Networks expressly disclaims any representation or warranty that the ENGINE Networks service will be error-free, secure or uninterrupted. No oral advice or written information given by ENGINE Networks, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. ENGINE Networks and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. Termination for Bankruptcy or InsolvencyIf a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, ENGINE Networks may immediately terminate provision of ENGINE Networks's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against ENGINE Networks in such event. LIMITATION OF LIABILITYTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL ENGINE Networks (INCLUDING, WITHOUT LIMITATION, ENGINE Networks'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING ENGINE Networks'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR ENGINE Networks SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY ENGINE Networks SERVICES EVEN IF ENGINE Networks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENGINE Networks'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR ENGINE Networks'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY ENGINE Networks OR ENGINE Networks'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE. ModificationsENGINE Networks may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with ENGINE Networks's services. Certain changes to ENGINE Networks's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and ENGINE Networks is not liable, for any and all such personalized applications and content, except as expressly agreed to by ENGINE Networks. Backup of DataExcept where ENGINE Networks has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and ENGINE Networks is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with ENGINE Networks services. Third Party LicensesENGINE Networks makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, ENGINE Networks makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, ENGINE Networks specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold ENGINE Networks liable in any way for the revocation of any license, which has been licensed to ENGINE Networks. The use of the Technologies obtained from or through ENGINE Networks, or any other referred third party, whether directly or indirectly, is at the sole risk of customers. Non-ENGINE Networks ProductsAny mention of non-ENGINE Networks products by ENGINE Networks, its employees, or any third party entity related to ENGINE Networks is for information purposes only and does not constitute an endorsement or recommendation by ENGINE Networks. ENGINE Networks disclaims any and all liabilities for any representation or warranty made by the vendors of such non-ENGINE Networks products or services. ENGINE Networks's Intellectual PropertyCustomers will not, without ENGINE Networks's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on ENGINE Networks's Web site, and customers will not use any of ENGINE Networks's trademarks, service marks, copyrighted materials, or other intellectual property without ENGINE Networks's express written consent. Customers will not, in any way, misrepresent their relationship with ENGINE Networks, attempt to pass themselves off as ENGINE Networks, or claim that customers are ENGINE Networks. AssignmentCustomers may not assign or delegate their rights or obligations under the TOU or other agreement for ENGINE Networks's services, either in whole or in part, without the prior written consent of ENGINE Networks. Minimum Age RequirementENGINE Networks customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a ENGINE Networks customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for ENGINE Networks services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains ENGINE Networks's express written consent to the contrary. Any acceptance of the TOU or any other agreement for ENGINE Networks's services will be deemed null and void to the extent that ENGINE Networks will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of ENGINE Networks's services. Governing Law and SeverabilityThe TOU, and any other agreement for ENGINE Networks services, will be governed by and construed in accordance with the laws of the Repubblica Italiana, ITALY without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and ENGINE Networks will take place in Italy, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other ENGINE Networks agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect. Force MajeureENGINE Networks will not be liable for delays in its performance of the TOU or ENGINE Networks services caused by circumstances beyond ENGINE Networks's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). ENGINE Networks will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for ENGINE Networks services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of ENGINE Networks. Independent ContractorsNothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between ENGINE Networks and its customers. Each of ENGINE Networks and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein. Construction and InterpretationWherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU. Complete Agreement and ExclusivityThe TOU, and/or any other specific agreement for ENGINE Networks services, constitutes the complete understanding and agreement between ENGINE Networks and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of ENGINE Networks, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for ENGINE Networks services is between ENGINE Networks and its customers only and will not confer any rights in any third party except as otherwise expressly provided by ENGINE Networks. D. All ENGINE Networks Customer Billing PolicyThe following Terms of Use constitute ENGINE Networks's Billing Policy and apply to ALL ENGINE Networks customers: PaymentsAll charges are shown in EURO. Payments are to be made in EURO. ENGINE Networks accepts the following types of payment:
Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date. Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees. Billing Cycles (Terms)ENGINE Networks offers three Billing Cycles (terms) for hosting charges: Monthly, BiMonthly (2 Month), SemiYearly (6 months) and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the monthly Billing Cycle for all of their charges. Non-credit card payment methods are limited to Annual or Quarterly Billing Cycles. Account RenewalsIn order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below. StatementsENGINE Networks does not mail paper invoices or statements. Statements can be viewed and printed through the Customers Control Panel. Fees
CancellationsHosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact ENGINE Networks's Billing Team via email at billing@enginenetworks.net. Please be aware that there are no pro-rated refunds after the first 30 days of service. 30-Day Money Back GuaranteeEach of ENGINE Networks's VMware Virtual Machine hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; items and services ordered through the reseller program; domain parking plus; and overage fees. Refund PolicyRefunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days. Credit Card Disputes/ChargebacksENGINE Networks has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at ENGINE Networks's discretion. A charge of 25.00 € per chargeback will be assessed to all accounts that receive a chargeback. Billing/Price ChangesENGINE Networks's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle. |
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