Terms of Service and Acceptable Use Policy
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. Supplier 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.
Disclaimer: Supplier 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 Supplier are resold. Thus, certain equipment, routing, software, and programming used by Supplier are not directly owned or written by Supplier. Moreover, Supplier 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 we sees fit.
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 put 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 on which 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: Supplier will provide you with the service you selected for the period of time corresponding with the payment plan you selected. Supplier will automatically renew your services at the end of the Term and each successive renewal term, unless terminated prior to the due date for account termination. Fees for the renewal period will be established according to the service fees set forth on our website at the time of the renewal. Termination of services must be given by completing the Cancellation submission form on my.comcities.com, at least 30 days prior to the termination date. Phone, fax and email notification is not acceptable.
Fees, Payments: You agree to pay the applicable service fees set forth on our website at the time of your selection. All fees are due immediately. full amount paid for dedicated servers and setup fees and non refundable and streaming hosting and web hosting will qualified for 45 days money back guarantee. Failure to Pay The Supplier will temporarily deny service after 7 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.
Disputes and Refunds: All overcharges or billing disputes must be reported within 7 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that automatically terminate this Agreement and all accounts and data will be cleaned up from Supplier network and you will premaritally ban from obtain our services. Also you agree to pay Supplier an “Administrative Fee” of not less than $50 and not more than $500. Refunds of any kind for any reason may take up to 30 days from the time the refund is requested or offered for processing. You agree that you will not canceling your account for the sole purpose of obtaining a refund and then registering for a new account.
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 endeavours to maintain the Service in good working order. In the event of failure of the hardware or service rented to the Customer after creation of 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 be able 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 server 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, labour charges, and other services which are unrelated to uptime. (shoutcast or icecast instance not counted, only streaming nod uptime will be consider since instance can be die for many issues while server node working fine )
99.9% will result in a credit of 0%
98% to 99.9% will result in a credit of 5%
98% to 90.0% will result in a credit of 30%
90% or below will result in a credit of 100%
The customer must request a 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. Problems with users’ web browsers, DNS, or other caching that might make it appear the services are unavailable even though others can still access the Supplier servers.
Notices and Announcements: Supplier will post Scheduled, Emergency and upgrades Announcements on cleints member center (my.comciites.com) and post on facebook.com/comcities, twitter.com/comcities. You authorized us to notify you of such information including notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters.
Support Responding time : 8 Hour Response Time Guarantee for Support Tickets. Statistically, most tickets are responded to in less than 1 hour / 12 Hour Resolution Time Guarantee. Statistically, most tickets are completely resolved in less than 3 hours.
Sales and Supports: Supplier offering 24/7 support and Sales thru emails and helpdesk. Supplier is not responsible for web development, non-supported 3rd party software/server and/or scripts (ie: compatibility, installation, maintenance), and/or ongoing daily administration tasks. We are not provide services beginners and We do not provide any instructions on how to do technical work yourself or how any technical work was done,
Customer Obligations and liability of the Customer: The Customer is acting as an independent entity and, as such, accepts full responsibility for all risks and liabilities of their activity.
1. The Customer is solely responsible for the services and internet websites hosted on the dedicated 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 can only warn the Customer of the legal consequences that may arise from illicit activities on the server, and does not accept any responsibility regarding the Customer’s use of the data made available to internet users.The Customer shall not undertake or attempt to undertake, any intrusive web activities whatsoever through the server, such as, without limitation, port scanning, sniffing and spoofing. In such situations, the Customer will not be able to claim any reimbursement from the Supplier for amounts already paid.
2 The Customer shall be solely liable for the consequences of any malfunctioning of the server resulting from any use by their personnel, or any person to whom the Customer has supplied their password/s. The Customer shall be solely liable for the consequences of losing the above mentioned password/s.
3 In order to maintain the security level of the Customer’s server and all servers present on its platform, the Supplier shall inform the Customer, by email or via the Supplier Website, of the availability of updates to the operating systems maintained by the Supplier, for which a security fault has been raised. If the update of these applications is not carried out according to the Supplier requests, the Supplier reserves the right to suspend or terminate the account in qustiont. In the event of the Supplier detecting that the Customer’s machine has been hacked, an email will be sent to the Customer, indicating that a reinstallation procedure is essential in order to maintain the integrity of the server and the entire platform. The Customer may then carry out the reinstallation procedure via their management Interface, after having made a backup of all of
6. Your use of the service is at your sole risk. Supplier 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 Supplier servers.
7. Supplier does not provide support for 3rd party scripts including all addon scripts listed in CPanel, Centovacast and any other script unless explicitly stated. and Supplier does not cover 3rd party script troubleshooting. It is your responsibility to ensure your scripts are compatible with our server environment. regarding issues of software bugs or errors, and such issues should be brought to the attention of the software vendors directly for support.
8. 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 deny access and will be removed compromise account without given any prior notices.
9. We have zero tolerance for abusive language and/or abusive behaviors 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.
10. 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 Supplier, it is advisable that customers develop a similar, or stricter, policy for their clients.
11. Explicit adult content (pornography) will be grounds for immediate suspension of your account. Sites containing links to adult content will be immediately suspended. 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 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.
12. Customer may only use Services and Products in a manner that, in the Supplier 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 Supplier as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
13. 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. Supplier reserves the right to cooperate with legal authorities and or injured third parties in the investigation of any suspected crime or civil wrongdoing.
14. Customer shall not use Services or Products to harm, or attempt to harm, minors in any way, including, but not limited to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
15. 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 unauthorizes copying of copyrighted material, the digitizations and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorizes 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.
16. IRC networks.. 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.
17 “denial of service” (DOS) attacks ,Network disruptions and unfriendly activity: Use of Supplier for any activity which affects the ability of other people or systems to use Supplier 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 you’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. Supplier 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.
16. 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.
Shared Hosting / 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:
* Eggdrops and IRC Bots (PSYBNC, etc.)
* IRC Servers/clients (ircd, etc)
* IRC BNCs (PsyBNC, BNC)
* Network/System Security Auditing Tools
* Daemon Processes
* Game Servers
* Proxy Servers
* 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)
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:
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. 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.
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.
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.
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.
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.
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.
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.