|
| Deluxnetwork® Terms of service(TOS.) |
REFUND POLICY
Once you have paid for a service it is your choice to use it or not use it. There will be no refund for unused resources. There will be no refunds period, with the exception of accounts that have an SLA which we guarentee a certain level of uptime. SLA accounts MAY be refunded using the calculation table below:
| Availability % |
Reimbursement rate %
of monthly charge |
Maximum outage period - hours |
| Above 99.5 |
0 |
3.6 hours |
| 99.00 - 94.99 |
5 |
7.44 hours |
| 95.00 - 98.99 |
10 |
37.2 hours |
| 90.00 - 94.99 |
15 |
74.4 hours |
| 85.00 - 89.99 |
20 |
111.6 hours |
| 80.00 - 84.99 |
25 |
148.8 hours |
| below 79.99 |
35 |
Exceeds 150 hours |
"Availability" means the availability of the Company network as demonstrated by means of a trace route program. Refund will only be available for a maximum period of one month. for example, a refund cannot be requested for the last 12 months of service.
TERMS OF SERVICE
1. NO nudity, pornography, or sexual material of a lewd, lecherous or obscene nature and intent or
which violates local, state and national
laws, may be stored on Deluxnetwork® accounts.
2. NO sending unsolicited email (Spamming) using a Deluxnetwork® address or containing any reference to your Deluxnetwork® home page.
3. NO material that violates or infringes in any way upon the rights of others, including, without limitation, copyright or trademark rights; this includes
"WaReZ" (copyrighted software that is distributed illegally), "mp3" files of copyrighted music, copyrighted photographs, text, video or artwork. If you don't own the copyright or don't have documented permission to use it, don't put it on your site at
Deluxnetwork®. Links to sites of this sort are disallowed. A Disclaimer on your page will be ignored.
4. COPYRIGHT ISSUES: Deluxnetwork® will
attempt to liaison between parties in case of dispute over materials.
Under the DMCA, the site in dispute may be taken down for up to 14 days
upon Notification of Infringement if there is a Counter Notification
filed. At that point. the Accuser must file suit against the Accused as
well as get a court order to keep the site down. If no legal action is
taken after 14 days, the site will be allowed back up. This not only
pertains to the site in question, but all sites on our server operated
by the webmaster of the site in question.
5. NO PAGES RATED ABOVE 'R' ALLOWED. We do surf our users' sites and have programs to detect PORNO sites. Please do not post your PORNO sites on
Deluxnetwork®. This is a family oriented server. Given that this is also a 'Freedom of Speech and Expression' server, this rule does not apply to nudity when used in artistic content.
6. NO material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable; including posting other peoples' private information.
7. NO content that promotes, encourages, or provides instructional information about illegal activities - specifically hacking, cracking,
phreaking, or any type of promotion for WaReZ / PORNO sites on other servers.
8. NO software, information, or other material that contains a virus, "Trojan Horse", corrupted data, or any other harmful or damaging component.
9. NO Hate propaganda or hate mongering, swearing, or fraudulent material or activity;
This includes bashing of religions, race, color, creed, or lifestyles.
10. NO using in the registration of your Deluxnetwork® membership an email account that is or becomes inactive or that is not your own email account.
11. You are solely and fully responsible for the content of your pages on Deluxnetwork® and may be held legally liable for such content. By submitting your pages to
Deluxnetwork®, you represent that the pages comply with Deluxnetwork®'s Terms of Agreement.
A. Deluxnetwork® Members are allowed sponsorship banners.
B. Deluxnetwork® does allow business sites, but they still have to agree to this TOA.
12. You grant to Deluxnetwork® and its affiliates, for the purposes of display on the Deluxnetwork®'s International sites, a royalty-free, perpetual, irrevocable, nonexclusive, worldwide, unrestricted license (including the right to grant sublicenses) to use, copy, modify, transmit, distribute, and publicly perform or display the submitted pages for any purpose whatsoever by means of any and all media; and you agree to indemnify and hold Deluxnetwork® harmless from any loss, liability, claim, damage, and expense (including reasonable attorney's fees) arising from or related to the content, use, or deletion of your Deluxnetwork® pages or use of any other Deluxnetwork® feature or service. This
section is for our own protection, we do not claim ownership over your material,
but the rights to use them for non-profit purposes, if used at all and only with the Author's explicit permission.
AMENDMENT: By hosting your material on our servers, you agree to 'fair use' distribution by
Deluxnetwork®. When a visitor comes to your site hosted by us, your material viewed by them is cached within their computer. This is a form of DISTRIBUTION. This 'FAIR USE DISTRIBUTION' permission is given to Deluxnetwork® by you upon uploading your content to our servers.
13. Deluxnetwork® disclaims ownership of Member sites and will not resell or otherwise convey these rights to any third party. Deluxnetwork® is granted the above License for Deluxnetwork® use only, and NOT for the purpose of selling any Member's creations, works, or arts.
14. Deluxnetwork® is a website server, not a storage facility. If you need a place
simply for file storage, please do not use our servers. Each file in your
account must be linked to on a webpage somewhere. For example, Images must be
used for a webpage and not simply stored here. Storing files and hotlinking to
them from locations other than a website on Deluxnetwork® is not allowed.
Storage and Hotlinking are causes for immediate account removal.
15. The personal profile information
that you submit to Deluxnetwork® remains your property. By submitting your
personal profile information and becoming a member of Deluxnetwork®: (1) you
grant Deluxnetwork® your permission to communicate with you via email to
keep you informed of news, products and or services from Deluxnetwork® and
or our marketing partners, (2) you agree to keep your personal profile
information up to date and accurate, (3) you agree that failure to keep
your personal profile information up to date will cause your Deluxnetwork®
account to be deleted without notice and (4) you have the right to
delete your Deluxnetwork® account and your personal profile information at
any time by logging into your account and deleting your membership. In
addition, Deluxnetwork® reserves the right to release current or past member
information in the event Deluxnetwork® believes that the membership is being
or has been used in violation of the Terms of Agreement or to commit
unlawful acts, if the information is subpoenaed, or when Deluxnetwork® deems
it necessary or appropriate.
16. Deluxnetwork® retains the right to remove or suspend any member who uses Deluxnetwork® servers to store or distribute material that they do not clearly own or have prior authorization from the owner to do so. Furthermore, any material deemed by Deluxnetwork® to be
commercially pornographic, hate, or a danger to public safety, will be removed without notice. Deluxnetwork® will be the sole arbiter of this policy.
17. Deluxnetwork® has no obligation to review account contents, pages, message-board postings, or statements in any way before those materials appear on Deluxnetwork®'s
servicer. Although Deluxnetwork® may or may not actively or regularly monitor the content of Deluxnetwork® members' pages, we reserve the right to monitor, and to investigate any complaints regarding any content of Deluxnetwork® members' pages, message-board postings, and to take appropriate action if Deluxnetwork® finds violations of these Terms of Service.
18. In the case of any such complaint, Deluxnetwork® reserves the right to remove,
or disable access to, the content complained of while the Deluxnetwork® member and the complaining party attempt to resolve their dispute. This could result in your
page(s) being removed from Deluxnetwork® for as long as it takes to resolve the
dispute, or your editing access to that site may be disabled. In addition, Deluxnetwork® may remove a home page or other message if there are no
visits or edits for 60 days. Deluxnetwork® is not responsible for, and does not have any liability for any loss of data, profit, or business resulting from our deletion of any Deluxnetwork® member's
page(s).
19. Deluxnetwork® is not responsible for the content of any Deluxnetwork® member's
page(s): the opinions and views expressed on such page(s) do not necessarily represent those of Deluxnetwork® and Deluxnetwork® does not verify, endorse, or vouch for the content of such
page(s). Deluxnetwork® is not responsible for the delivery or quality of any goods or services sold or advertised through or on Deluxnetwork® members'
page(s). Although Deluxnetwork® maintains a backup of all data on our servers, you are still responsible for an additional backup of your
own data. Although Deluxnetwork® actively removes sites that Spam, Deluxnetwork® is not responsible for stopping
Spam sent out via other mail servers not belonging to Deluxnetwork®, regardless if
the site was hosted on
Deluxnetwork®.
20. Deluxnetwork® makes no guarantee of
availability of service and reserves the right to change, withdraw,
suspend, or discontinue any functionality or feature of the Deluxnetwork®
services. IN NO EVENT WILL Deluxnetwork® BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF, OR
INABILITY TO USE Deluxnetwork®'S SERVICES OR ANY CONTENT THEREON. THIS
DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY,
WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY
FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT;
DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION;
COMMUNICATION- LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT,
DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY
RECORD.
21. Having Multiple FREE hosting accounts is not allowed, All accounts involved will be deleted. This item has an exception for paid accounts.
22. Deluxnetwork® Does not permit the use of IRC Servers,Services OR Bots on any hosting accounts.
23. Deluxnetwork® reserves the right to
change or amend these Terms of Agreement at any time and without prior
notice. By submitting a page to Deluxnetwork®, you signify your agreement to
these Terms of Agreement. If you do not agree to these Terms, then
please don't submit a home page. It is your responsibility to remain informed of current updates.
23. Deluxnetwork® Does not permit the use of free url services on any FREE accounts, This includes .be, .tk domains and any other free domain/url service, if found these domains will be removed from the system and repeat offenders will find there account closed permanently.
24. Deluxnetwork® reserves the right to close any accounts not in the english language (with the exception of paid accounts.) Free accounts may be owned by a non-english speaking person(s) however we require free accounts to present there webpages in the english language.
25. Deluxnetwork® reserves the right to close any accounts using Deluxnetwork® services for code development/testing purposes. In the best interest of all the users and to maintain stability, Deluxnetwork® strictly forbids this.
25. Deluxnetwork® reserves the right to place advertisements on free hosted accounts inorder to generate revenue or promote its own services.
26. Deluxnetwork checks every new sign-up and on a regular basis either deletes or disables accounts with incorrect information, including the information provided on the sign-up form, it is the users responsibility to make sure this information is accurate, providing us with false information is terms for immediate account removal.
|
|
|
