Terms of Service and Acceptable Use Policy
The terms of use below constitute a legal agreement between you (The Customer) and comcities.com (PLATINUM ONLINE PVT LTD), which provides the hosting services described at comcities.com. Your agreement to be bound by these terms is acknowledged by your use of the company services, support services and/or any software made available to you by the company. Agreeing to comcities Acceptable use Policy and Terms of Conditions is mandatory for hosting signing up or using our services. Please make sure you read everything.
GENARAL TERMS
LIMITATION OF LIABILITY: comcities 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. comcities shall neither be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers. All damages shall be limited to the immediate termination of service.
DISCLAIMER: comcities 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 comcities are resold. Thus, certain equipment, routing, software, and programming used by comcities are not directly owned or written by comcities. Moreover, comcities 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 comities sees fit. FURTHERMORE, comcities retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
Service Usage Policy
Data Backup and Data Lost : Your use of the service is at your sole risk. comcities.com is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on comcities servers.
Uptime Guarantee: Personal web / reseller /dedicated hosting account and all streaming hosting packages Include 99.9 % uptime guarantee. But guarantee credit does not cover scheduled downtime. To clam guarantee credit please e-mail support[@]comcities.com with your account details with in 7 days of incident.
Support Responding time : 12 Hour Response Time Guarantee for Support Tickets. Statistically, most tickets are responded to in less than 1 hour / 24 Hour Resolution Time Guarantee for Support Tickets. Statistically, most tickets are completely resolved in less than 3 hours.
All services provide by comcities for Advance & experience users only: service and product list on comcities offering to Advance & Experience users only, We are not provide services beginers and We do not provide any instructions on how to do technical work yourself or how any technical work was done.
Refund and Disputes: All accounts are set-up on a pre-pay basis only, all payments to comcities.com are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. 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 comcities.com’ sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay comcities.com an “Administrative Fee” of not less than $50 and not more than $250 and we will termination all your accounts and data from our network. Refunds of any kind for any reason may take up to 30 days from the time the refund is requested or offered for processing
Failure to Pay: The Company will temporarily deny service after 14 days and terminate this Agreement upon the failure of Subscriber to pay charges when 30 days past due date. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. End customers affected by a resellers failure to pay their dues, will be able to contact comcities.com and receive service directly only after the servers have been canceled.
Account Setup: We will setup your account after we have received payment and if your payments with 2checkout.com have screened the orders in case of fraud. It is your responsibility to provide us with information to verify. In this case account creation will be delay up to 48 hours.
Account Cancellation: All requests for canceling accounts must be made in writing with at least 21 days prior notice (VIA Member Center Submission) and sent to comcities.com
45-day money back guarantee : Icecast / shoutcast / wowza / mobiles / tv / radio streaming and personal / reseller hosting plans include a 45-day money back guarantee. If you are dissatisfied with our service for any reason, you will receive a full refund. Money back guarantee not valid for CDN and dedicated servers. You agree that you will not canceling your account for the sole purpose of obtaining a refund and then registering for a new account.
Compromise or Account Hack / VIRUSES/MALWARE/ADWARE The most commonly used method that we see used to compromise a hosting account is vulnerabilities in scripts, on the account. This 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 will sometimes have security vulnerabilities that have been patched by a new release. Remember: this includes any addons, plugins, or modules for a script, if we found Compromise account we will block access and will be removed compromise account or data without given any notices or reminder to account owner sine this is client fault.
Customer Abuse: We have zero tolerance for abusive language and/or abusive behavior towards our company and/or 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. Threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund, and we further reserve our right to execute all rights and remedies that we may have at law and in equity.
Spam, Spam E-mail, Spam Advertising, Spam Messaging, Spam Blogging, and Chat Services : You are not allow host , sent , presentation or broadcaster any type of 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 comcities, it is advisable that customers develop a similar, or stricter, policy for their clients.
Adult Content: Explicit adult content (pornography) will be grounds for immediate suspension of your account. Sites containing links to adult content will be immediately suspended. ComCities.Com 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 also prohibit sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or otherwise objectionable. Note: Artistic nudity may be acceptable, but this is at the sole discretion of ComCities.Com
PROHIBITED USES OF SERVICES AND PRODUCTS : Customer may only use Services and Products in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
Illegal Activities: Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. The Company reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harm or Endangerment to other people: Customer shall not use Services or Products to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Copyright or trademark infringement: Customer shall not use Services or Products to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Customer shall not use Services or Products to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
System and Network Abuse: Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following:
- Introduction of malicious programs into the Company’s network or server (e.g., viruses and worms).
- Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section
- disruption” includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
- Executing any form of network monitoring which will intercept data not intended for the Customer’s server.
- Circumventing user authentication or security of any host, network or account.
- Interfering with or denying service to any user other than Customer’s host (for example, denial of service attack).
- Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user’s terminal session, via any means, locally or via the Internet.
- Creating an “active” full time connection on a Company-provided account by using artificial means involving software, programming or any other method.
- Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.
- Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.
- Any action which the Company deems to be an unacceptable use of resources, business practice or otherwise unacceptable to the Company.
PROHIBITED SCRIPTS AND PROGRAMS : The following rules apply to the use of all scripts:
The following scripts are banned because they are either resource hogs or harmful:
* UltimateBBS
* Ikonboard
* FormMail
* CgiEmail
* Eggdrops and IRC Bots (PSYBNC, etc.)
* IRC Servers/clients (ircd, etc)
* IRC BNCs (PsyBNC, BNC)
* Network/System Security Auditing Tools
* Exploits
* Daemon Processes
* Game Servers
* Proxy Servers
* nph-proxy
* Web/CGI based telnet servers
* The Anonymizer
* Any Soap Mailers
* Transmission of Unsolicited Email or SPAM
* Portscanning CGIs
* Security Auditing CGIs
* false identity & pyramid/ponzi scheme Scripts
* Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives.
* Any script that uses & processes a massive number of flat-files or large flat-file databases (not for dedicated servers)
IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers/hosting found to be connecting to or part of these networks will be immediately removed from our network without notice. The server/hosting will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server/member guilty of a second violation will result in immediate account termination.
Network disruptions and unfriendly activity: Use of ComCities.Com service for any activity which affects the ability of other people or systems to use ComCities.Com Services or the Internet. 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 Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. ComCities.Com will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Resources usage
The Customer should use all recourses provided by the comcities.com in a manner that does not endanger the quality of the overall server performance. Such resources include but are not limited to: Server Memory Usage, CPU usage, MySQL server usage, mail server usage, web server usage etc. Failure by the Customer to maintain his/her account in full compliance with the terms listed below may result in a warning, suspension or immediate account termination with no refund. The comcities .com has the right to decide what constitutes a violation of the terms below:
2.2 1 Customer’s use of traffic (bandwidth)
Customer’s account monthly traffic is limited in accordance with the Customer’s hosting plan. If the monthly traffic limit is reached before the end of the month the Customer’s account will be suspended until the beginning of the next month. Additional traffic can be ordered for the given month, so that account suspension is avoided. No traffic can be transferred from month to month.
2.2.2. Customer’s use of disk space
Customer’s account disk space is limited in accordance with the Customer’s hosting plan. The customer should pay fee for additional disk space consumed.
2.2.3. Customer’s use of email service.
The Customer should use the email and other related services in full compliance with the terms below:
* Each Customer’s account is allowed to send a maximum of 250 emails per hour. Any account that exceeds this limitation is endangering the overall server performance.
* Each email sent by the Customer should have NO more than 20 recipients. Sending a single email to more than 20 recipients simultaneously is endangering the overall server performance.
* The use of email clients with IMAP protocol is allowed for mailboxes with a maximum size up to 50MB. Any use of IMAP with a bigger mailbox is endangering the overall server performance.
* The use of email clients with POP3 protocol is allowed for mailboxes with a maximum size up to 50MB. Any use of POP3 with a bigger mailbox is endangering the overall server performance.
* The Company allows up to 60 checks per hour for a POP3 mailbox. Any use of POP3 service to check a mailbox more often than 40 times per hour is endangering the overall server performance.
* MAILING LIST HOSTING – Please note that we do not offer hosting for running milling lists. If we found milling lists in our servers, will be shutdown without prior notice.
* Mass mailing is not for shared servers and ComCities.Com do not host sites that deal with mass email type services. If you need to send a “high-volume” of emails to customers please do not use your accounts SMTP server for this. You could instead outsource the list to a 3rd party provider (List server) who specializes in, and supports, mass mailings, or depending on your needs you might consider getting your own dedicated server.
2.2.4 Customer’s use of Database Resources
Customer should use the MySQL database server resources in a way that does not endanger the quality of the overall server performance. A database that generates more than 10% of the database queries longer than 1 second at any given time endangers the overall server performance. The Customer is responsible to manage his/her database(s) so that it is in compliance with this policy.
2.2.5 Customer’s Use of Shared Server CPU
The Customer account should NOT use more than 10% of the shared server CPU for a period longer than 5 seconds. Any account that is using more than 10% of the shared server CPU for more than 5 seconds is endangering the overall shared server performance.
2.2.6 Customer use of Server Memory
The Customer account should NOT use more than 65MB of the server memory resources at any given time. Any account that is using more than 65 MB of the shared server memory is endangering the overall shared server performance.
2.2.7 Other Customer’s account limitations
The limitations listed below apply to each Customer’s account and failure by the Customer to comply with them will endanger the overall server performance:
1. No more than 20 simultaneous processes will be executed by the Customer’s account at any given time.
2. No Cron Jobs with execution period shorter than 30 minutes will be executed from the Customer’s account.
3. No more than 10 simultaneous connections from a single IP to the Customer’s account are allowed.
2.2.8 No Free Services to Be Offered
Your 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
In rare cases the comcities .com may be able to re-activate a Customer’s account that has been suspended for violation of terms of account resource use. This is done only if the comcities.com decides that there is enough evidence that the violation will not be repeated and after a payment of a $50.00 re-activation fee.
ACCOUNT SUPPORT
Comcities.com does not provide support for 3rd party scripts including all scripts listed in Fantastico, RVSiteBuilder, ClientExec and any other script unless explicitly stated.
Comcities.com covers free initial migration from your previous host. This service is limited to cPanel/WHM to cPanel/WHM transfers. We offer basic troubleshooting after account migration to ensure things have been transferred successfully Comcities.com does not cover 3rd party script troubleshooting. It is your responsibility to ensure your scripts are compatible with our server environment
INSTALLED 3rd PARTY SOFTWARE – User Full Responsibility to Keep 3rd party software Install in web space. If we found hacking or unusual activates because of less security in software result will be suspend account without prior notice.
At this time we only support via E-mail. We will offer 24/7/365 support by e-mail
EMAIL SUPPORT
Abuse , Sales and Support: support[@]comcities.com
ComCities.Com will support, to the best of its ability, control panel related problems and issues. This includes, but is not limited to, support of basic control panel functions (ie: adding/removing accounts, dns functions, password changes, etc…) and limited support of control panel installed 3rd party software (ie: PHP-Nuke, phpBB, AdvancedGuestBook, osCommerce ). ComCities.Com will not provide support any 3rd party Free Addon Scripts on cpanel, inclusions, regarding issues of software bugs or errors, and such issues should be brought to the attention of the software vendors directly for support. ComCities.Com is not responsible for web development, non-supported 3rd party software and/or scripts (ie: compatibility, installation, maintenance), and/or ongoing daily administration tasks (ie: setting up new users, email accounts, & domains). ComCities.Com , at it’s discretion, may assist with initial custom setup/configuration of the server (ie: setting up new users, email accounts, & domains, and/or software modifications). ComCities.Com will install & supported software purchased through ComCities.Com (ie: clientexec ,SSL Cert ) at no additional charge,
