Terms Of Use
Indemnification Policy
You agree to use all MzPlanet services and facilities at your own risk. MzPlanet specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall MzPlanet be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold MzPlanet harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against MzPlanet, 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 MzPlanet against liabilities arising out of: Any injury to person or property caused by any products sold or otherwise distributed in connection with MzPlanet’s server. MzPlanet reserves the right to intervene with any of the sites hosted on its' servers in the interest of it's customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from MzPlanet’s server. MzPlanet shall be the sole judge of what violates this Policy.
Billing:
Subsequent payments are due on the anniversary date of the month for that month's service. Accounts not paid by due date are subject to a $7.50 late fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $20 reconnect charge. Service will be terminated on accounts that reach 15 days past due. If any terms or conditions are failed to be followed the account in question will be automatically deactivated. All credit card accounts are to be automatically billed on their anniversary date unless otherwise requested by the client. We are not responsible for any fees accessed on the client by their bank as a result of the client's account being invoiced.
Disputes and Failure to Pay:
All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in our sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay an "Administrative Fee" of not less than $50 and not more than $150. The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
30 Day Guarantee :
All customers are entitled to an unconditional 30day money back guarantee. This guarantee begins the day we send out your accounts login details. If you wish to cancel your account and receive a full refund within 30 days of the date you signed up. This 30 days does not include extra services you contract us to process.
Refunds :
Refunds or returns are for credit only unless you qualify for the 30 day guarantee. We will process and apply credits or refunds within 30 days of submission. Refunds for annual plans will be treated as monthly terms. The annual account rate will be adjusted to the monthly rate, past and current usage deducated at that rate, and the remainder returned.
Acceptable Use Policy:
All services provided by MzPlanet may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless MzPlanet and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. MzPlanet reserves the right to determine what is and what isn't acceptable for our servers.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
The following constitute violations: Threats and unlawful conduct:
Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Use of our services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraud:
Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Attacks and Exploits:
Any activity which affects the ability of other people or systems to use any services or other internet services. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client's responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems.
Commercial Advertising- Email (SPAM):
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, terminate your VPS. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Additionally claims investigated by us about spam from any of our users or users of theirs, will be fined and billed for such work. The fee for such an instance if you are found to be at fault is $.50 per email sent and up to a $500 fine per incident.
Server abuse:
Any attempts to undermine or cause harm to any Company server or customer of ours is strictly prohibited. Any account the abuses resources and actions are not taken to desist, calls for immediate de-activation without any refund of payments made thus far. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity's computer software or hardware, electronic communications system, or telecommunications system.
IRC:
We currently do not allow IRC or IRC bots to be operated on our servers.
LIMITATION OF LIABILITY:
MzPlanet shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from mzplanet.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, MzPlanet shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any data from one of MzPlanet servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to info@mzplanet.Com. All complaints will be investigated promptly.
DISCLAIMER:
MzPlanet cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by MzPlanet are resold. Thus, certain equipment, routing, software, and programming used by MzPlanet are not directly owned or written by MzPlanet. Moreover, MzPlanet holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as MzPlanet sees fit. FURTHERMORE, MzPlanet retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
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