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Terms and Conditions

Corese, LLC Terms and Conditions of the Service

1. General

1.1. By signing up for services provided by Corese, LLC (hereinafter referred as the provider), you agree that these Terms and Conditions apply to these services.

1.2. The provider reserves the right to amend, change, or modify these Terms and Conditions without notifying the customers.

2. Terms Definition

2.1. Customer, Customers, You, user, users – refers to a person or a company using services of the provider.

2.2. Server – a computer where data of the customers are stored and offered to world wide web.

2.3. Hosted Account, service, services – customer’s data, which includes all services provided by the provider – web sites, e-mail accounts, SQL databases and all associated data stored on the provider’s server within the customer’s allocated drive space.

3. Content

3.1. All services provided by the provider may be used for legitimate purposes only as the provider does not take responsibility for (nor review, amend or censor) any information that its customers may create while using the provider’s services. All customers have the same liability as other authors for copyright infringement, defamation or other harmful speech.

3.2. The customers, their customers, affiliates or subsidiaries using the provider’s network (or services generally) may not engage in prohibited activities mentioned below as these activities are considered as a violation of the Terms and Conditions.

4. Prohibited Content and Web sites

4.1. The following list contains examples of content or websites that are not accepted within the provider’s network or servers:

– Illegally obtained software, scripts, archives, torrent or multimedia files.

– Website that distributes or links to illegally obtained software, scripts, archives, torrent or multimedia files (known as warez sites/forums etc.).

– Applications used for hacking (breaking into other networks or computers/servers).
– Illegally obtained multimedia files.

– Web sites running HYIP (High Yield Investment Program) or similar ponzi schemes including but not limited to pyramid schemes, forex scams, autosurfing, credit cards related scams etc.

– Investment Sites (E-Gold Exchange, Second Life/Linden Exchange, Forex and others).

– Software/scripts for sending SPAM messages.

– Proxy servers/scripts/application (including links to proxy websites).

– Sites oriented to hate/harass others or racist oriented sites.

– Web sites oriented to hacking.

– Web sites promoting any illegal activities.

– Fraudulent web sites.

– Web sites that sell or offer any controlled substance without providing proof of an applicable permit.

4.2. It is prohibited to store, post, transmit or otherwise make available the following content:

– Child pornography.

– Adult or erotic content of any kind.

– Obscene material of any kind.

– Illegal material in general.

4.3. In case of violation of this term, the provider is obliged by law to provide to the authorities complete contact information, access/activity logs, personal IP numbers, payment details or any other information to successfully prosecute child pornography cases.

4.4. Customers may use any scripts they wish unless they do not affect server stability, security, regular operation and are not mentioned in the 4.1 section above.

4.5. In general, among scripts that are known to be causing server problems/instability are for example chat scripts, auction scripts, banner exchanges, cgi-based forums and others.

Note: The following list is updated from time to time and we do recommend to regularly check this list for any changes.

4.6. The following scripts cannot be used, installed or hosted on the provider’s servers:

– CGI-Proxy, Anonymizers, PhpProxy and all other Proxy or anonymizing scripts.

– Chat room applications.

– Any version of YABB forum.

– Webmail and eGallery modules of PHP-Nuke.

– UltimateBBS / UBB.

– IkonBoard.

– phpShell or other scripts that allow command execution.

– Matt’s FormMail.

– Internet Relay Chat (IRC/IRCd) related scripts or bots.

– phpSitemapNG – Google sitemap creator.

– Any IP scanner.

– Any Program/Script/Application used for bruteforce password cracking.

– Any E-mail Bomber/Spam Script.

4.7. If a script affects normal server operations, the provider reserves the right to disable the hosted account until the case is resolved with the customer.

5. Prohibited Activities

5.1. The list of prohibited activities that may result in hosted account termination:

– Sending unsolicited bulk and/or commercial messages over the Internet, also known as spamming.

– Keeping an open SMTP relay that allows an unauthorized usage of the SMTP server.

– Counterfeiting e-mail message headers to mask its origin.

– Violation of intellectual property – this includes any activity that violates or misappropriates the intellectual property rights of others including copyrights, trademarks, trade secrets, service marks, software piracy and patents held by individuals, corporations, or other entities.

– Violation of personal rights, privacy or publicity of others.

Note: Upon receipt of a proper notice of copyright infringement, the provider is obliged by law to block access to such content or remove it directly.

5.2. The provider reserves right to terminate hosted account(s) of customers who violates copyright laws repeatedly!

5.3. Using, posting or transmitting of harassing, abusive or threatening language via the provider’s network will result in suspension followed with possible hosted account termination.

5.4. Any attempt to cause harm to the provider’s server, employee, customer or the company directly is strictly prohibited and will result in immediate hosted account termination without refund.

5.4. Illegal or unauthorized access to other networks/computers/servers/accounts belonging to third parties also generally known as hacking is strictly prohibited. This includes attempts to break security measures of another system (port scanning, stealth scanning, vulnerability scanning or similar activity).

5.5. Running proxy servers or any other type of “anonymous” services/scripts that allow access to another networks while masking the user’s identity (IP address) is strictly prohibited.

5.6. Distribution of harmful content – creating, sending or distributing viruses, spyware, malware, worms, trojan horses or any other harmful codes/applications/scripts is not allowed. This includes but not limits to denial of service attacks, pinging, flooding, e-mail bombing.

5.7. Activities that restrict or interfere with effective use of the network/system/server/service by others are forbidden.

5.8. Abusing resources. The customer may not:

– Run standalone processes on the server side.

– Run torrent applications, trackers or torrent software clients.

– Run any web indexing applications/scripts.

– Run any file-sharing or peer-to-peer applications.

– Run any gaming servers.

– Run cron jobs with interval of less than 15 minutes.

5.9. The customer is advised to use as strong password as possible for all the services under the hosted account. This means a password at least 8 characters long with both numbers, letters and ideally also with special characters. The provider recommends to change the password regularly every 30 days.

5.10. The provider’s network and server must not be used to transfer, advertise, store or otherwise making available illegal software, pyramid schemes, ponzi schemes, forex scams, credit card scams or torrents.

5.11. Should pirated software be found on the customer’s hosted account, it will be closed immediately without prior notice.

5.12. Customers who are attacked by a DDOS/DOS shall be null routed to prevent damage to the provider’s network and other customers. The provider do not provide DDOS/DOS friendly hosting and do not provide services to sites which are considered to attract DDOS attacks (this includes websites mentioned in the chapter 4).

5.13. The provider will not deliberately monitor private e-mail messages sent or received by its customers unless required to do so by law or a governmental authority.

5.14. The provider may record all necessary information needed for prosecution of possible offenders especially if the provider detects any illegal activity within its network or feels that such action it is in the interest of public safety and forward these records to law enforcement.

5.15. The provider may need to disclose information, including but not limited to, information related to customers, transmissions made using the provider’s network, web site or a server in order to comply with a court order, a warrant, a subpoena, a regulation or a governmental request.

5.16. The provider may disclose a customer information or information transmitted over its network when it is necessary to protect the provider or anyone else from harm.

6. Refusal of Service

6.1. The provider reserves the right at its sole discretion to refuse, cancel, terminate, limit or suspend all services provided.

6.2. Violation of any part of these Terms and Conditions of the Service may result in a warning, hosted account suspension or also hosted account termination depending on the specific violation.

6.3. Hosted account terminated due to a violation of these Terms and Conditions of the Service by the customer will not be refunded.

6.4. When the provider becomes aware of any illegal or harmful activities done by a customer, it may take an action to stop such activity, including but not limited to shutting down a hosted account, implementing software for blocking harmful transmissions, denying access to a hosted account or take any other appropriate action.

6.5. The customer is completely responsible for all data stored under his or hers hosted account.

6.6. As Internet cannot be considered as a safe environment, as a matter of prudence, the provider advises all its customers to consider the online communication to be unsafe.

6.7. The provider cannot take any responsibility for the security of data transmitted over the provider’s network, hardware or software.

7. Disclaimer of Warranty

7.1. The provider will not be liable for any loss of business or profits of the customer, for any consequential, incidental, punitive, or similar damages, for claims of damages made by any third party for any cause whatsoever, regardless of the form of action, whether in contract or in tort, including negligence, even if it has been advised of the possibility of such damages.

7.2. The provider makes no warranties (expressed or implied) of any kind for services provided. This includes loss of data resulting from delays, no deliveries, incorrect delivery and any and all service interruptions caused by the provider and its employees.

7.3. Should a customer reverse a payment or process a charge back for no beforehand discussed reason, the customer’s hosted account shall be immediately suspended.

7.4. The provider expects that all its customers who resell services to other parties will fully comply with all applicable laws, especially those related to the privacy of online communication. If a customer fails to comply with such laws, it will be considered as a violation of these Terms and Conditions of the Service.

7.5. Customer indemnifies the provider for any violation of these Terms and Conditions of the Service or law that results in loss to the provider.

8. Free offers

8.1. The provider may from time to time offer (especially to new customers) a free domain name. In such case the provider registers domain name of the customer’s choice for 1 year.

8.2. If the user stays with the provider for (meaning will pay for) at least 6 months of the service, then the customer may own the domain name at no charge should he or she decide to terminate the hosted account after this period.

8.3. Should the customer pay for less than 6 months, the provider will require the customer to pay the full costs related to such domain name before hosted account termination.

8.4. Free domain name terminated because of a violation of these Terms and Conditions of the Service will not be released to the customer.

9. Invoicing, Refunds and Hosted Account Termination

9.1. The provider sends out invoices only via e-mail and not via postal services.

9.2. The customer may cancel the hosted account at any time. If the hosted account is cancelled within the first 30 (thirty) days of the service (this period begins as soon as the hosted account details are provided to the customer via e-mail), the customer will receive a full refund (excluding any setup fees, overuse fees or domain name registration fees).

9.3. Refunds within the above mentioned period or any other period are not applicable to situations when the customer or the hosted account violated any of these Terms and Conditions of the Service.

9.4. No refund of any monies already paid to the provider is applicable if the hosted account is cancelled after 30 (thirty) days.

9.5. No refunds are applicable to domain registration and transfer fees, VPS servers, dedicated servers and SSL certificates.

10. Non-payments, Delayed payments

10.1. Any hosted account for which the customer do not provide payment(s) within the billing period date is considered late. The first payment must be made immediately after signup before using the allocated resources, otherwise the account will be suspended. Late payments of other invoices are tolerated only for 10 days following from the billing period date. After that grace period, the hosted account is suspended.

10.2. If the same hosted account is late with payments two times in a row, a one-time late fee of $10 will be added to the next invoice.

10.3. All due hosted accounts receive payment reminders daily from the start of the due date.

10.4. If the customer will not pay within the 30 days following the due date, or communicate accordingly regarding the payment, the hosted account will be terminated without any further notices.

10.5. Reactivation of a closed hosted account due to non-payments is possible only if the customer agrees to prepay the services for at least 6-month in advance.

11. Hosting Account Transfers

11.1. If the customer requires a transfer of a hosting account from another hosting provider, the provider will make every effort to help with the moving process.

11.2. In such case, the customer agrees, that the transferring help is offered as a courtesy service and cannot be guaranteed in terms of staff availability, possibility or required time frame. This is especially due to complexity of such process and very common unwillingness for cooperation from the side of the former hosting provider and therefore it cannot be guaranteed that all data will be migrated accordingly.

12. Backups

12.1. The provider keeps its own backup of all hosted accounts especially in order to restore a failed server/drive array/hosted account. These backups are for internal use and it cannot be guaranteed that custom requests of backup files will be processed.

12.2. Customers use the provider’s service at their sole risk and are fully responsible for their own backups. Corese, LLC retains no liability to any customer for any data stored on the servers/network belonging to Corese, LLC.

13. Availability of the Server.

13.1. The provider will keep the hosted websites available to Internet users approximately 24 hours a day with the exception of regular maintenance or unforeseen hardware or network malfunction or other related problems.

13.2. In order to minimize possible server downtime, The provider schedules all non-critical maintenance (that might include downtimes or server restarts) on weekends between the hours of 01-03 am.

14. Use of Purchased Resources

14.1. Data transfer usage. Each hosted account has a monthly data transfer amount as stated in the given package description before purchase of the service.

14.2. Should a hosted account exceed the allocated data transfer amount, the provider reserves the right to suspend such hosted account until the start of the next month unless the customer agrees to: buy more data transfer or upgrade to a higher level of the hosted account.

14.3. Unused data transfer amount in one month cannot be carried over to the next month.

Last update: 11/03/2010