Terms of Service & Legal
This m2-server Terms Of Service agreement (hereafter referred to as
the "TOS") lays down the terms and conditions by which m2-server's
Hosting Services (hereafter referred to as the "Services")
will be provided to you upon registration. The TOS also describes prohibited
uses of the Services. This TOS is not exhaustive and m2-server reserves
the right to modify it from time to time, effective when notification
is posted at www.m2-server.com. No verbal or written agreement/statement
by any m2-server employee or at m2-server's website will take precedence
over the TOS.
On registering for and using the Services, you the Customer agree to
all the terms and conditions of the TOS, as modified from time to time,
in its entirety. If Customer resells the Services he or she is paying
for, the Customer will be responsible for his or her Clients. m2-server
only recognizes the Customer who is paying for the Services and not
his or her clients. Violation of the TOS or any such action that m2-server
deems inappropriate may result in the termination or suspension of the
Services for the Customer.
Payment
The Services purchased by the Customer will be in the form
of a specific Windows Plan. Each Service Plan
outlines the features, resources and storage that m2-server will provide
to the Customer for the stated Service Fee. Each Service Plan along
with their features, resources, storage and Service Fee are defined
at www.m2-server.com. m2-server has the sole right to determine how
the features, storage and resources under each Service Plan are interpreted
and how they will be provided to the Customer. The Customer must clarify
any questions about the Service Plan he or she wishes to purchase with
m2-server before registration. The Service Plan will be provided to
the Customer in the form of a Service Account, which would allow the
Customer to manage and use the features, resources and storage stated
in the chosen Service Plan. All prices mentioned in the TOS and at www.m2-server.com
are in US Dollars (USD).
While registering for a Service Plan, the customer may choose a Billing
Period (also know as Payment Term) of 1 Month, 3 Months, 6 Months or
1 Year. All Service Accounts are setup on a pre-pay basis. Upon the
start of each Billing Period, the Customer will be charged the Service
fee for the duration of the Billing Period. There may be additional
charges according to our Overage Policy if any additional resources,
features or storage is purchased or used by the Customer under the chosen
Service Plan (which were not otherwise included for free). The Billing
Period will renew itself automatically on termination unless the Customers
chooses to cancel his or her Service Account (according to the Cancellation/Refund
Policy).
All charges will be debited against the Customer's balance maintained
by m2-server. If the Customer's debt exceeds $4.00 USD, he or she is
required to clear his or her balance within 7 days by the chosen Payment
Mode (selected during registration). If the customer's chosen payment
method is Credit Card, m2-server would attempt to charge the credit
card number provided by customer (upon or after registration) automatically.
For all other purchases (i.e. purchases made from - 2Checkout.com &
PayPal.com as well as by Cheque), customer must manually pay following
payment procedures defined by m2-server. Failure of customer to pay
manually or for m2-server to charge customer's credit card (due to any
reason, in particular in case of an invalid credit card number or credentials)
would lead to Service Account suspension. The Customer's Service Account
would only be resumed when the customer clears his or her balance and
pays for the Service Fee for the duration of the next Billing Period
as well. If the Customer doesn't pay his or her balance within 14 days
after Service Account suspension, m2-server reserves the right to terminate
the Customer's Service Account
A fee of $30 USD will be levied for every returned check and credit
card charge back. m2-server reserves the right to change pricing of
the Services from time to time. m2-server also reserves the right to
withdraw any feature from a Service Plan, at any time it wishes to do
so.
Overages
If Customer exceeds the feature, storage or resources limits
defined by his or her chosen Service Plan, he or she will be charged
for the extra usage according to the Overage rates outlined in that
Service Plan. Customer may also purchase additional features, storage
and resources by the same overage rates. If Customer uses/purchases
more than 200% of the resources allocated in the chosen Hosting Plan,
m2-server reserves the right to terminate the Customer's Service Account
with a 5-day prior notification. All overage rates are prorated. The
overage fees charged will be for the remaining portion of the Customer's
current Billing Period
Refunds/Cancellations
All Service Accounts must be cancelled by filling out the cancellation
form at
http://www.m2-server.com/cancelform.asp.
The Customer will be eligible for refund if he or she chose Credit
card, PayPal or 2Checkout as their buying Mode during registration.
Refund will be made for unused months only of the current Billing period
after deducting a Refund Charge of $10.00. If however the customer's
registration date is less than 30 days from the cancellation date, the
customer will receive a full refund.
Refunds will not be made if the Customer's balance is not current or
if the Customer has violated any terms of the TOS.
Liabilities/Obligation on Service Account Termination
Services are provided on an "as is" basis." m2-server
is not liable to you for any compensation, reimbursement or damages
on account of the loss of prospective profits, anticipated sales, goodwill
or on account of expenditures, investments, leases or commitments in
connection with your business, or for any other reason whatsoever flowing
from the interruption, termination, suspension or cancellation of your
Service Account.
Customer is liable to pay all charges accrued during Service Account
operation. The customer is in no way relieved from paying these charges
on Service Account interruption, suspension, termination or cancellation.
Material and Product Requirements
You must ensure that all material and data placed on m2-server's servers/systems
is in a form requiring no additional manipulation by m2-server. m2-server
will make no effort to validate any of this information for content,
correctness or usability.
Use of the Services requires a certain level of knowledge in the use
of Internet languages, protocols and software. This level of knowledge
varies depending on the anticipated use of the Services. You must have
the necessary knowledge for your intended use of the Services. m2-server
will not provide this knowledge to the Customer.
Intellectual Property Rights
You must not use the Services in a manner that would infringe, violate,
dilute or misappropriate any copyright laws, or laws protecting trademarks,
trade secrets or proprietary information. If you use a domain name in
connection with the Services, you must not use that domain name in violation
of any trademark, service mark, or similar rights of any third party.
Web Site Operation and Security
If you run a Web Site through the Services, you are solely responsible
for it's operation and maintenance and m2-server plays no such role
in it.
You are also responsible for the security of any client credit card
numbers and related client information you may access as a result of
conducting electronic commerce transactions through your Web Site. m2-server
will not be responsible for the security of such information.
You also expressly (i) grant to m2-server a license to cache the entirety
of your Web Site, including content supplied by third parties, hosted
by m2-server under this Agreement and (ii) agree that such caching is
not an infringement of any of your intellectual property rights or any
third party's intellectual property rights.
IP Address Ownership
m2-server shall maintain and control ownership of all IP numbers and
addresses that may be assigned to you by m2-server. m2-server reserves
the right to change or remove any and all such IP numbers and addresses.
General Abuse
Any attempt to cause harm or undermine m2-server's servers,
computers, network or customers is prohibited. Use of the Services to
carry out any activity that is illegal under US and International laws
is also prohibited.
Prohibited uses of the Services also include, but are not restricted
to:
1. Use of IRC, bots or clients
2. Unsolicited Bulk Emailing
3. Newsgroup spamming
4. Hosting, promoting or linking to pornographic content
5. Illegal Content
6. Copyright infringement
7. Trademark infringement
8. Hosting and linking to pirated computer software and music.
9. Hosting/linking to software or information (such as software cracks,
software cracking tutorials and software serial numbers) that may help
any individual to obtain copyrighted software or music illegally.
10. Hosting or linking to computer software that may be used for spamming
(know as spamware)
11. Providing/Promoting material that is grossly offensive to Internet
Users which includes blatant expressions of bigotry, racism or hatred
12. Providing/Promoting material about illegal activities or promoting
physical injury or harm against any group or individual
13. Providing/Promoting material about exploitation of children under
the age of 18
Email Abuse
The following activities are considered as email abuse and are prohibited
1. Unsolicited bulk emailing. This includes, but not limited to commercial
advertising, informational announcements, charity requests, petitions
for signatures, and political or religious tracts. Such emails may only
be sent in if the receiver explicitly requested such information directly
from you.
2. Stealth Emailing. This includes forging, altering or removing email
headers
3. Mail Bombing. This includes sending a large number of emails to disrupt
or compromise a servers, systems or network
4. Emailing that may harass or intimidate others. This includes harassment
or intimidation through frequency of emails, size of emails and the
language of emails. If the recipient asks to stop, you must discontinue
sending any further emails
5. Newsgroup Spamming. This includes unwelcome commercial advertising
and posting that may be against the rules of a Usenet discussion group
or mailing list.
Such activities carried out from servers/systems not managed by m2-server
are ALSO prohibited if they link to websites, content or material hosted
on m2-server's systems.
Emailing abuse carries a fine of up to $100 USD per email message sent,
depending on the severity of the violation. Email abuse is also grounds
for immediate suspension of your Service Account and an appropriate
legal action.
Server Abuse
Server abuse includes any process or service usage that affects normal
server/system operation, resources or connectivity, and which causes
a server/system to become overloaded. Such abuse includes, but is not
limited to, excessive CPU, hard disk and memory usage, excessive number
of concurrent processes, excessive number of concurrent port or database
connections and excessive bandwidth usage. Possible causes for server
abuse include, but are not limited to, the excessive use of: CGI, Perl,
Sendmail, mySQL, MSSQL, PHP, ASP, HTTP, SMTP, POP3 and FTP.
Upon detection of server abuse, m2-server will try to disable the specific
script, website or database that is causing the abuse under your Service
Account. If this is not possible, m2-server will suspend your entire
Service Account. The specific script, website or database under the
Service Account or the Service account itself will only be resumed once
the Customer has corrected the problem and convinced m2-server that
the abuse will not occur again. m2-server will endeavor to provide prior
notification before carrying out any such action but m2-server may do
so without any such notification, in its own discretion.
Lawful Purpose
m2-server reserves the right to refuse service to anyone. Customers
may only use the Services for lawful purpose. Transmission of any material
in violation of US and International laws is prohibited. This includes,
but is not limited to copyrighted material without explicit permission
from the author/owner, material legally judged to be threatening or
obscene, and material protected by trade secrets. The designation of
any materials as such described above is left entirely to the discretion
of m2-server. Regardless of the place of signing this agreement, the
client agrees that for purposes of venue and jurisdiction the TOS was
entered into and performed in Maribor, Slovenia and any dispute will
be litigated or arbitrated in Maribor, Slovenia. Customer further waives
all objections to venue or jurisdiction and acknowledges that venue
and jurisdiction in any such litigation will be held in the courts of
Maribor. IN NO EVENT SHALL M2-SERVER'S MAXIMUM LIABILITY EXCEED UNUSED
PORTION OF THE TOTAL AMOUNT PAID BY CUSTOMER.
Notifications
All notifications to the customer will be sent by electronic mail (email).
It is the responsibility of the customer to ensure his or her email
address is valid at all times. m2-server will not be responsible if
Customer fails to receive any email m2-server attempted to send.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD M2-SERVER
HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS,
INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST M2-SERVER, ITS
AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT
FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR
ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER
AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS M2-SERVER AGAINST LIABILITIES
ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS
SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH M2-SERVER SERVICES;
(2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING
ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT
AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM M2-SERVER SERVICES
Disclaimer
M2-SERVER WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY
SUFFER. M2-SERVER MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED
FOR SERVICES WE PROVIDE. M2-SERVER DISCLAIMS ANY WARRANTY OR MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING
FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE
INTERRUPTIONS CAUSED BY M2-SERVER AND ITS EMPLOYEES. M2-SERVER RESERVES
THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
Revised: May 2006
If you have any questions regarding any of our policies or agreements,
please
Contact Us: info@m2-server.com
(Please always mention your user name when contacting us by e-mail)
