Terms of Service and Acceptable Use Policy
The terms of use below constitute a legal agreement between “you” and “your” refer to each customer (“Customer”) and “we,” “us,” “our,” and Supplier refer to comcities.com (PLATINUM ONLINE PVT LTD), which provides the hosting services described at comcities.com. This Agreement explains our obligations to you and your obligations to us concerning your use of our services. Agreeing to Supplier Terms of Service and Acceptable Use Policy is mandatory for account signing up or using our services. Please make sure you read everything.
ARTICLE 1
Agreement to Be Bound
By applying for comcities.com service(s) through our online application process, in person, or by telephone and emails, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement published by Supplier. The acceptable use and privacy policies are the complete and exclusive agreement between you and us regarding our services. The supplier retains the right to change any or all of the Policies, Guidelines, and Disclaimer without prior notification.
Limitation of Liability
Supplier shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever. In addition, the supplier shall neither be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any data from one of our servers.
Disclaimer
Supplier cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits a client would have gained if their service functioned. Certain services provided by the Supplier are resold. Thus, certain equipment, routing, software, and programming used by Suppliers are not directly owned or written by Suppliers. Moreover, the Supplier holds no responsibility for the use of our client’s 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 we see fit.
ARTICLE 2
Service Implementation
The Supplier will inform the Customer by email when their account has been made available. The Supplier shall invoice the Customer from the date on which the account got online. The account will be made available to the Customer after the Supplier has validated payment from the Customer and not more than 3 days from the date the Supplier receives the payments. If the Supplier does not provide the Customer with access to the service within 7 days of receipt of the payment due, the Customer may request cancellation of the transaction and a refund of the payment already paid.
Service Cancellation
Fees, Payments
You agree to pay the applicable service fees on our website at the time you’ve chosen. All payments are due immediately. Failure to Pay The Supplier will temporarily deny service after seven days and terminate this Agreement upon the failure of the Subscriber to pay charges when 30 days past the due date. Such termination or denial will not relieve the Subscriber of responsibility for paying all accrued charges, plus reasonable interest and collection fees.
Inactive / Closed Account
Please take note that we reserve the right to terminate unpaid accounts that are inactive for more than 60 days. We will begin deleting accounts that have been inactive for over 60 days. This includes customer profiles, billing history, and customer data that belong to dormant accounts.
Disputes and Refunds
If you have any billing disputes or overcharges, please report them within seven days of the incident. If you dispute a charge with your credit card issuer, it will automatically terminate this Agreement. In such a case, all your accounts and data will be removed from the supplier network, and you will be temporarily banned from using our services. Furthermore, you must agree to pay the Supplier an “Administrative Fee,” which will be not less than $50 and not more than $500. If you request or are offered a refund for any reason, please note that processing may take up to 30 days. For more information about our refund policy, please visit our website. https://www.comcities.com/support-policy/
ARTICLE 3
Suppliers’ Obligations
The Supplier shall provide the Service with all reasonable care and diligence in accordance with customary professional practices. The Supplier undertakes to use reasonable endeavors to maintain the Service in good working order. In the event of failure of the hardware or service rented to the Customer after creating an incident ticket, the Supplier shall fix or replace the defective part as soon as reasonably practicable. The Supplier shall inform the Customer immediately if the Supplier does not expect to repair or fix the malfunction in the usual replacement times.
Uptime Guarantee and Service Level Agreement (SLA)
“Uptime” refers to the amount of time the Services are available, as measured solely and only by Supplier internal monitoring systems. “Downtime” refers to the amount of time the servers are unavailable, as measured solely and only by Supplier internal monitoring systems. Supplier guarantees that its networking, connectivity, and power services will be available 99.9% of the time. In the event such level of service is not provided, Supplier will credit the customer’s account in an amount as determined in the chart below, reflecting credit percentages of the monthly fees paid by the for the services, but not payments made for any of the following products and services: domain name registration, software licenses, set up fees, SSL certificate fees, labor charges, and other services which are unrelated to uptime. (Shoutcast or Icecast instance not counted, only streaming nod up time will be considered since instance can die for many issues while server node working fine )
99% to 99.9% will result in a credit of 25%
98% to 99.0% will result in a credit of 50%
98% or below will result in a credit of 100%
The customer must request credit by completing the tickets submission form on my.comcities.com less than 7 business days after the incident of downtime. Moreover, downtime caused by any of the following shall not result in any obligation by Supplier to provide credit to you, Emergency maintenance, Scheduled maintenance, System upgrades. For example, problems with users’ web browsers, DNS, or other caching might appear the services are unavailable even though others can still access the Supplier servers.
Notices and Announcements
Sales, Supports and Responding time
We offer 365 days of support and sales assistance through email and helpdesk. For more information about our support policy, please visit our website. https://www.comcities.com/support-policy/
ARTICLE 4
Customer Obligations and Acceptable Use Policy
The Customer is acting as an independent entity and, as such, accepts full responsibility for all risks and liabilities of their activity.
No Unlawful and Prohibited Use
As a condition of your use of the Services, you will not use the Services for any unlawful purpose. You may not use the Services in any manner that could damage, disable, overburden, or otherwise impair any of the Services offered by comcities.com, or any services offered by a third party, or interfere with any other party’s use and enjoyment of any of our Services. You may not (nor will you permit your end users to) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in. Suppliers’ sole discretion.
USE OF SERVICES
The Services are designed to enable you and your end-users to communicate with others via the Internet. You agree to use the Services (and require your users to use the Services) only to stream, post, send, and receive messages and material that is proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when you (or your end users are) using a Service, you (and your end users) will not:
- Use the Service in connection with unlawful Contests, Lotteries, or Gambling, Casinos, Online Pharmacies, HYI Programs, Ponzi schemes, Pyramid schemes, Junk email, Spamming or Unsolicited messages, Bulk Email, Cryptocurrency or related services, forex or related services. Proxy, Torrents, Fraudulent sites, Operate file dumps/mirror scripts (similar to Rapidshare), IRC server, Chat scripts, Remote shell scripts, Phishing sites, Phishing emails, Terrorist Sites, DoS Source, DoS Target, Mass Storage, Warez, Movies downloading and sharing sites, mp3 downloading and sharing sites
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Streaming, Publish, post, upload, distribute, traffic, or disseminate any defamatory, obscene, or otherwise unlawful content, such as child pornography or pornography.
- Streaming, Publish, post, upload, distribute, traffic, or disseminate any news, political news, or relating to the government or public affairs without getting proper authorization from relevant government authorities.
- Streaming, Publish, post, upload, distribute, or disseminate any topic, name, material, or information that incites discrimination, hate, or violence towards one person or group because they belong to a race or religion or a nation.
- Streaming, Upload, or otherwise make available files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s property.
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such a manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service.
- Harvest or otherwise collect information about others, including e-mail addresses, except as needed to operate your site and as permitted in your site’s privacy policy (if any).
- Violate any applicable laws or regulations.
- Create a false identity to mislead others.
- Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
- You may not use your account to offer any of the following kinds of free services: Free Web hosting services, Free e-mail services, Free blogging services, Free home pages, Free image hosting, Free trial accounts, Free forum hosting, Free FTP accounts
- broadcast or stream live sporting events including but not limited to UFC, NASCAR, FIFA, NFL, NHL, MLB, WWE, or television
We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in. Suppliers’ sole discretion. Customer may only use Services and Products in a manner that, in the Supplier’s sole judgment, is consistent with the purposes of such Services and Products. If the Customer is unsure of whether any contemplated use or action is permitted, please contact the Supplier as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
Account Eligibility
By registering for or using the Services, you represent and warrant that You are an eighteen (18) years of age or older customer. You agree to provide certain current, complete and accurate information about you as required by the application process and maintain and update this information as needed to keep it current, complete, and accurate. We rely on this information to send you important information and notices regarding your account and our services. Our privacy policy sets forth your and our rights and responsibilities concerning your personal information.
Customer Content
The Customer is solely responsible for the services and internet websites hosted on the account or server, its content, use, and the updating of information transmitted, distributed, or collected and of all files, especially address files. The Customer specifically undertakes to respect the rights of any third parties, especially intellectual property rights such as copyrights, patent rights, or trademarks. Therefore, the Supplier shall not be liable for the content, usage, or updating of any information transmitted, distributed, or collected and of all files, especially address files, in any respect whatsoever. The Supplier does not accept any responsibility regarding the Customer’s use of the data made available to internet users. The supplier reserves the right to suspend, terminate or refuse to provide the service account in question In the event of the Supplier detecting an issue. In such situations, the Customer will not claim any reimbursement from the Supplier for amounts already paid.
Login Credentials / Passwords
The Customer shall be solely liable for the consequences of any malfunctioning of the service resulting from any use by their personnel or any person to whom the Customer has supplied their passwords. The Customer shall be solely liable for the consequences of losing the above-mentioned passwords. You agree to be fully responsible for all use of your account and any actions through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Suppose you are given a username and/or a password to access certain features of the Services or certain features of the Site. In that case, you are responsible for all activities conducted under that username or password. You will take all necessary steps to ensure that no one other than you uses that username or password and that password is kept confidential.
Backups And Data Loss
You agree that Your use of Supplier’s Services is at Your own risk and that Supplier is not liable for any data loss in connection with its Services. You are solely responsible for creating backups of Your Content. To that end, We highly recommend that You establish Your own routine backup procedure and periodically test restoring files from Your backup media to ensure that you make viable backups.
Abusive Behaviours
We have zero tolerance for abusive language and/or abusive behaviors towards our company and/or the service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. In addition, threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund. We further reserve our right to execute all rights and remedies that we may have at law and in equity.
Zero Tolerance for Unsolicited E-mail and Mass Mailing
We consider any dissemination of unsolicited commercial email (i.e., “spam”) to be STRICTLY PROHIBITED. Spam, Spam E-mail, Spam Advertising, Spam Messaging, Spam Blogging, Spam Contact us form, bulk mails and Chat Services, and any other method of Spamming. You are not allowed to host, sent, presentation or broadcast any spam and spam-related activities on our servers such as spam advertising, maintain and forum spamming, blog spamming, and unusual use of spam hyperlinks. As our reseller customers are ultimately responsible for the actions of their clients over the Supplier, customers should develop a similar, or stricter, policy for their clients. We do not deal with mass email-type services. If you need to send a “high volume” of emails to customers, please do not use your account’s SMTP server for this.
Adult Content / Pornography
Explicit adult content (pornography) will be grounds for immediate suspension of your account. Sites containing links to adult content will be immediately suspended. The supplier will be the sole arbiter as to what constitutes a violation of this provision. Adult-oriented sites, pornography, and sex-related merchandising are prohibited.. we take the issue of child pornography very seriously, and any potential harm to minors using our services is strictly prohibited. Content that may be perceived as child pornography will be immediately removed from public access upon notification or detection by Us. Additionally, we reserve the right to terminate any account whose website(s) hosts or links to child pornography immediately and without notice to You. We will cooperate with law enforcement authorities and will notify such authorities if it suspects that You or any of Your downstream customers or end users are engaged in any such illegal activities.
Compromise Accounts
The most commonly used method that we see compromise a hosting account are vulnerabilities in scripts on the account is especially true with popular scripts such as WordPress, Joomla, Drupal, and/or most other popular shopping cart scripts or other Content Management Systems. First, ensure that all scripts are updated to and running the latest version. Popular scripts are especially notorious for being hacked since so many sites use them. Old versions of scripts have security vulnerabilities that a new release has patched. Remember: this includes any add-ons, plugins, themes, or modules for a script; if we found a Compromise account, we will deny access and will be removed the compromised account without given any prior notices. Provide not liable, and expressly disclaims any liability, for data breaches or data compromise caused by your failure to keep web applications up to date
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