Acceptable Use Policy (AUP)
ArteryPlanet.Net's Acceptable Use Policy ("AUP") is
provided to give our customers and users a clear understanding of what
ArteryPlanet.Net expects of them while using the services provided. All
users of ArteryPlanet.Net's Internet services: those who access
some of our Services but do not have accounts, as well as those who pay
a service fee to subscribe to the Services, must comply with this AUP
and our TOS (Terms of Service).
Use of ArteryPlanet.Net Service constitutes acceptance
and agreement to ArteryPlanet.Net's AUP as well as ArteryPlanet.Net's
TOS (Terms of Service)
Content of WebPages are governed by the restrictions stated in the AUP/TOS.
ArteryPlanet.Net is the home to many schools, churches of all faiths,
families, and non-profit organizations that desire hosting from a company
that does not permit nudity, sex sites, pornography, etc.
There are many others like us, but there are 1000 times more that do
allow those materials. We ask prospective clients who wish for this type
of hosting to choose another company.
In accordance with our TOS (Terms of Service), we may remove any materials
that, in our sole discretion, may be illegal, may subject us to liability,
or which may violate this AUP or the TOS. ArteryPlanet.Net may cooperate
with legal authorities and/or third parties in the investigation of any
suspected or alleged crime or civil wrongdoing.
Your violation of this AUP may result in the suspension or immediate
termination of either your ArteryPlanet.Net account or other actions
WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand
of ArteryPlanet.Net's
Acceptable Use Policy.
The following are guidelines for the establishment
and enforcement of ArteryPlanet.Net's AUP:
- Ensure reliable service to our customers.
- Ensure security and privacy of our systems and network,
as well as the networks and systems of others.
- Comply with existing laws.
- Maintain our reputation as a responsible service
provider.
- Encourage responsible use of the Internet and discourage
activities which reduce the usability and value of Internet services.
- Preserve the value of Internet resources as a conduit
for free expression and exchange of information.
- Preserve the privacy and security of individual users.
ArteryPlanet.Net intends to provide its customers access to everything
the Internet has to offer. While the ArteryPlanet.Net is firmly committed
to the principles of free speech, certain activities that may be damaging
to the resources of both the ArteryPlanet.Net and the Internet and cannot
be permitted under the guise of free speech. The resources of the ArteryPlanet.Net
and the Internet are limited, and abuse of these resources by one user
has a negative impact on the entire community.
You may not use your account to publish material,
which ArteryPlanet.Net.Net determines, at its sole discretion, to be
unlawful, indecent or objectionable. For purposes of this policy, "material" refers
to all forms of communications including narrative descriptions, graphics
(including photographs, illustrations, images, drawings, logos), executable
programs, video recordings, and audio recordings.
If a ArteryPlanet.Net account is used to violate the Acceptable Use
Policy or our TOS, we reserve the right to terminate your service without
notice. We prefer to advise customers of inappropriate behavior and any
necessary corrective action, however, flagrant violations of the Acceptable
Use Policy will result in immediate termination of service. Our failure
to enforce this policy, for whatever reason, shall not be construed as
a waiver of our right to do so at any time.
As a member of our network community, you must use your
Internet access responsibly. If you have any questions regarding this
policy, please contact us at abuse@arteryplanet.net.
VIOLATIONS OF ARTERYPLANET.NET ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal use: ArteryPlanet.Net's services
may not be used for illegal purposes, or in support of illegal activities.
ArteryPlanet.Net reserves the right to cooperate with legal authorities
and/or injured third parties in the investigation of any suspected
crime or civil wrongdoing.
Harm to minors: Use of the ArteryPlanet.Net service to harm, or attempt
to harm, minors in any way, including, but not limited to child pornography.
Adult content: Is not permitted. Links to adult content are not permitted.
Both are subject to IMMEDIATE and FINAL suspension of hosting services.
No second offense permitted. Posting, emailing, uploading X-Rated, Adult,
Sex content, whether photographic or any kind of artistic representation
found will result in IMMEDIATE and FINAL suspension of hosting services.
It is absolutely forbidden to host pornographic content or IRC servers.
Accounts found hosting this material will be subject to immediate cancellation
without refund.
Threats: Use of the ArteryPlanet.Net service to transmit any material
(by e-mail, uploading, posting or otherwise) that threatens or encourages
bodily harm or destruction of property.
Harassment: Use of the ArteryPlanet.Net service to transmit any material
(by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of ArteryPlanet.Net 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."
Forgery or impersonation: 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.
Unsolicited commercial e-mail
/ unsolicited bulk e-mail (SPAM): Use
of the ArteryPlanet.Net service to transmit any unsolicited commercial
or unsolicited bulk e-mail is expressly prohibited. Violations of this
type will result in the immediate termination of the offending ArteryPlanet.Net
account.
IMPORTANT NOTICE:
Anyone hosting websites that support spammers or cause any of our IP
space to be listed in any of the various Spam Databases will have their
account immediately removed from our server.
E-mail / News Bombing: Malicious intent to impede
another person's
use of electronic mail services or news will result in the immediate
termination of the offending ArteryPlanet.Net account.
E-mail / Message Forging: Forging any message header, in part or whole,
of any electronic transmission, originating or passing through the ArteryPlanet.Net
service is in violation of this AUP.
Usenet Spamming: ArteryPlanet.Net has a zero tolerance policy for the
use of its network for the posting of messages or commercial advertisements,
which violate the rules, regulations, FAQ or charter of any newsgroups
or mailing list. Commercial messages that are appropriate under the rules
of a newsgroup or mailing list or that are solicited by the recipients
are permitted.
Unauthorized access: Use of the ArteryPlanet.Net
service to access, or to attempt to access, the accounts of others,
or to penetrate, or attempt to penetrate, security measures of ArteryPlanet.Net'sor
another entity's computer software or hardware, electronic communications
system, or telecommunications system, whether or not the intrusion results
in the corruption or loss of data, is expressly prohibited and the offending
ArteryPlanet.Net account is subject to immediate termination.
Copyright or trademark infringement: Use of the ArteryPlanet.Net service
to transmit any material (by e-mail, uploading, posting, hot linking,
directly linking 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.
Collection of personal data: Use of the ArteryPlanet.Net service to
collect, or attempt to collect, personal information about third parties
without their knowledge or consent.
Network disruptions and unfriendly
activity: Use
of the ArteryPlanet.Net service for any activity which affects the
ability of other people or systems to use ArteryPlanet.Net 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. ArteryPlanet.Net 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.
Fraud: Involves a knowing misrepresentation or misleading statement,
writing or activity made with the intent that the person receiving it
will act upon it.
Infringement of Copyright,
Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned
infringements will not be tolerated.
Distribution of Viruses: Intentional distributions of software that
attempts to and/or causes damage, harassment, or annoyance to persons,
data, and/or computer systems are prohibited. Such an offense will result
in the immediate termination of the offending account.
Inappropriate Use of Software: Use of software or any device that would
facilitate a continued connection, i.e. pinging, while using ArteryPlanet.Net
services could result in suspension service.
Third Party Accountability: ArteryPlanet.Net subscribers will be held
responsible and accountable for any activity by third parties, using
their account, which violates guidelines created within the Acceptable
Use Policy.
Security
You are responsible for any misuse of your account, even if the inappropriate
activity was committed by a friend, family member, guest or employee.
Therefore, you must take steps to ensure that others do not gain unauthorized
access to your account. In addition, you may not use your account to
breach security of another account or attempt to gain unauthorized access
to another network or server.
Your password provides access to your account. It is your responsibility
to keep your password secure.
Sharing your password and account access with unauthorized users is
prohibited. You should take care to prevent others from using your account
since you will be held responsible for such use.
Attempting to obtain another user's account
password is strictly prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized
use of your account.
You may not attempt to circumvent user authentication or security of
any host, network or account. This includes, but is not limited to, accessing
data not intended for you, logging into or making use of a server or
account you are not expressly authorized to access, or probing the security
of other networks. Use or distribution of tools designed for compromising
security is prohibited. Examples of these tools include, but are not
limited to, password guessing programs, cracking tools or network probing
tools.
You may not attempt to interfere with service
to any user, host or network ("denial of service attacks"). This includes, but is not
limited to, "flooding" of networks, deliberate attempts to
overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or
civil liability. ArteryPlanet.Net will cooperate fully with investigations
of violations of systems or network security at other sites, including
cooperating with law enforcement authorities in the investigation of
suspected criminal violations.
Network Performance
ArteryPlanet.Net accounts operate on shared resources. Excessive use
or abuse of these shared network resources by one customer may have a
negative impact on all other customers. Misuse of network resources in
a manner which impairs network performance is prohibited by this policy
and may result in termination of your account.
You are prohibited from excessive consumption of resources, including
CPU time, memory, disk space and session time. You may not use resource-intensive
programs which negatively impact other customers or the performances
of ArteryPlanet.Net systems or networks. ArteryPlanet.Net reserves the
right to terminate or limit such activities.
Reporting violations of ArteryPlanet.Net
AUP
ArteryPlanet.Net requests that anyone who believes that
there is a violation of this AUP direct the information to the Abuse
Department at abuse@arteryplanet.net.
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone
or offset from GMT
Evidence of the alleged violation
E-mail with full header information provides all of the above, as do
system log files. Other situations will require different methods of
providing the above information. ArteryPlanet.Net may take any one or
more of the following actions in response to complaints:
Issue written or verbal warnings
Suspend the Member's newsgroup posting privileges
Suspend the Member's account
Terminate the Member's account
Bill the Member for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages, if
any, cause by violations
Revisions to this Acceptable Use Policy
ArteryPlanet.Net reserves the right to revise, amend, or modify this
AUP, our TOS (Terms of Service) and our other policies and agreements
at any time and in any manner. Notice of any revision, amendment, or
modification will be posted in accordance with our TOS (Terms of Service).
[Top]
Acceptable Term of Service
ArteryPlanet.Net ("The Company") agrees
to furnish services to the Subscriber, subject to the following TOS
(Terms of Service).
Use of ArteryPlanet.Net Service constitutes acceptance and agreement
to ArteryPlanet.Net's AUP as well as ArteryPlanet.Net's TOS (Terms of
Service).
All provisions of this contract are subject to the TOS (Terms of Service)
of ArteryPlanet.Net and AUP (Acceptable Use Policy). The AUP may be changed
from time to time at the discretion of the Company. Subscriber understands
that change to the AUP by the Company shall not be grounds for early
contract termination or non-payment.
Customer warrants, represents, and covenants to ArteryPlanet.Net.Net
that
(a) You are at least eighteen (18) years of age;
(b) You possess the legal right and ability to enter into this Agreement;
(c) You will use the Services only for lawful purposes and in accordance
with this Agreement and all applicable policies and guidelines;
(d) You will be financially responsible for the use of your account;
(e) You have acquired or will acquire all authorizations necessary for
hypertext links to third-party Web sites or other content;
(f) You have verified or will verify the accuracy of materials distributed
or made available for distribution via the Services, including, without
limitation, your content, descriptive claims, warranties, guarantees,
nature of business, and address where business is conducted, and
(g) Your content does not and will not infringe or violate any right
of any third party (including any intellectual property rights) or violate
any applicable law, regulation or ordinance.
The Main No No's
The following are NEVER permitted on any ArteryPlanet.Net servers at
any time, for any reason:
(a) Nudity of any kind or description is not permitted. There are NO
exceptions.
(b) Sex sites, sex-toys, Pornography, Pornographic Web pages, Web Sites,
URL's (links to sex, porn sites, etc) are NEVER permitted. This
includes Soft Porn, and Sex/Porn Games or links to any off the items
mentioned in (b) are NEVER permitted.
(c) Warez, Pirated, Hacked, Cracked software or programs or serial numbers/keys/programs
used to violate copyrighted software, or links to sites that provide
any information including scripts, programs, or downloads are NEVER permitted.
Violators will be reported to the appropriate authorities or software
companies.
(d) The express information, links, files that are used to Hack, Crack,
Phreak, and any other form of malicious activity that will violate the
privacy or property of any individual is NEVER permitted. This includes
but is not limited to instructions for obtaining private information
legally, for instructions on how to disrupt, destroy, damage the personal
property of any individual, organization, or company, is NEVER permitted.
(e) The storage of commercial software, video, motion picture, music,
ebook, or any item that is licensed/copyrighted/trademarked, for download
is NEVER permitted, this way the piracy prohibition cannot be abused.
(The only exceptions are software companies who sell their software and
show proof of ownership, OR licensed vendors, who must show proof of
licensing.)
(f) The storage of any Music, Motion Pictures, Videos, Pictures, Photographs,
Books, E-books in any file format that is copyrighted and not owned
by the Account Owner is NEVER permitted. This includes, but is not
limited to: mp3's, oog's, wav's, mid's, wma's,
mpeg's of any format, avi's and any other multimedia file
format not mentioned here. These are NEVER permitted.
(g) The use of any graphic, logo, trademark's that are copyrighted
and/or are protected by law are NEVER permitted.
(h) Free email services are NEVER permitted. This means you can give
email accounts away to clients/friends. What you CANNOT do, is offer
free email accounts from your website. NO EXCEPTIONS.
(i) No File Servers: This means you can keep your files and your files
that are backed up. What is NOT permitted are massive file libraries
like those for gaming backgrounds, etc. If you think you may conflict
with this, email us at info@arteryplanet.net with
a description of what you wish to store on the server. We probably
allow it.
Disclosure to Law Enforcement: The AUP specifically prohibits the use
of our service for illegal activities. Therefore, Subscriber agrees that
the Company may disclose any and all subscriber information including
assigned IP numbers, account history, account use, etc. to any law enforcement
agent who makes a written request without further consent or notification
to the Subscriber. In addition ArteryPlanet.Net shall have the right
to terminate all service set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of the service
furnished and the initial rates and charges have been communicated to
Subscriber. Subscriber is aware that the Company may prospectively change
the specified rates and charges from time to time. The promotional offer
is contingent upon Company achieving and maintaining its cost of service
goals including but not limited to rates charged to company by its suppliers.
Payment: Establishment
of this service is dependent upon receipt by the Company of payment of
stated charges. Subsequent payments are due on the anniversary date of
the month for that month's service. If the subscriber used a Credit Card
or another subscription method (paypal subscription) to make the payment
in the signup process, they agree that our system will attempt to charge
the amount every period automatically. If you desire to cancel your service,
please follow the proper procedure to do this as outlined in this TOS.
The above applies to all accounts and services provided by ArteryPlanet.Net.
Payments and Fees: Service will be interrupted on accounts that reach
10 days past due. If your account is suspended for thirty days (30) for
non-payment, the thirtieth (30th) day your account will be DELETED. If
you desire to cancel your account, please follow the proper procedure
to do this as outlined in this TOS.
Refund and Disputes: All payments to ArteryPlanet.Net
are nonrefundable. This includes the one time setup fee and subsequent
charges regardless of usage. All overcharges or billing disputes must
be reported within 60 days of the time the dispute occurred. If you
dispute a charge to your credit card issuer that, in ArteryPlanet.Net's
sole discretion is a valid charge under the provisions of the TOS and
/or AUP, you agree to pay ArteryPlanet.Net an "Administrative Fee" of
not less than $50 and not more than $150.
Failure to Pay: ArteryPlanet.Net 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.
Account Cancellation: Requests for canceling accounts may be made in
writing with at least 10 days notice but not more than 60 days prior
written notice.
ArteryPlanet.Net's method of cancellation
is via the Client Area.
Please log into your Client Area and
you can request to have your account cancelled.
Please note if you request an account closure this
will be closed immediately, if you wish we close it at the end of the
current paid term, please clarify it in your request. If there are any
domain name linked to the hosting account this will be also marked as
canceled and will not be renewed unless you specify in your closure request.
We do not give refunds for unused time.
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. In no event shall the company
be liable for any special or consequential damages, loss or injury.
Support Boundaries: ArteryPlanet.Net, provides 24 x 7 technical support
to our subscribers (except for few holidays and short company meetings
when we close our center.) We limit our technical support to our area
of expertise. The following is our guidelines when providing support:
ArteryPlanet.Net provides support related to your account functioning.
ArteryPlanet.Net does not offer tech support for application specific
issues such as cgi programming, html or any other such issue. ArteryPlanet.Net
does not provide technical support for YOUR customers. If you are able
to get online and have other questions, the answers may be on our home
page, we encourage you to check there first. Lastly, the Help files in
the program you are using may have the answer to your question so please
do investigate these resources before contacting tech support.
SPAM and Unsolicited Commercial
Email (UCE): ArteryPlanet.Net takes
a zero tolerance approach to the sending of Unsolicited Commercial Email
(UCE) or SPAM over our network. Very simply this means that customers
of ArteryPlanet.Net may not use or permit others to use our network to
transact in UCE. Customers of ArteryPlanet.Net may not host, or permit
hosting of, sites or information that is advertised by UCE from other
networks. In addition, it is not acceptable to transmit bulk email through
remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP
port 25) connection to the destination mail servers. This technique may
result in account suspension or termination. Violations of this policy
carry severe penalties, including termination of service. In order to
prevent unnecessary blacklisting due to spam we reserve the right to
occasionally sample bulk email being sent from servers.
Violation of ArteryPlanet.Net's SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy, ArteryPlanet.Net
will initiate an immediate investigation (within 48 hours of notification).
During the investigation, ArteryPlanet.Net may restrict customer access
to the network to prevent further violations. If a customer is found
to be in violation of our SPAM policy, ArteryPlanet.Net may, at its sole
discretion, restrict, suspend or terminate customer's account. Further,
ArteryPlanet.Net reserves the right to pursue civil remedies for any
costs associated with the investigation of a substantiated policy violation.
ArteryPlanet.Net will notify law enforcement officials if the violation
is believed to be a criminal offense.
First violations of this policy will result in
an "Administrative
Fee" of $250 and your account will be reviewed for possible immediate
termination. A second violation will result in an "Administrative
Fee" of $500 and immediate termination of your account. Users who
violate this policy agree that in addition to these "Administrative" penalties,
they will pay "Research Fees" not to exceed $175 per hour that
ArteryPlanet.Net personnel must spend to investigate the matter. PLEASE,
DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their
clients over the ArteryPlanet.Net network, it is advisable that Customers
develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE:
Anyone hosting websites that support spammers or cause any of our IP
space to be listed in any of the various Spam Databases will have their
account immediately removed from our server.
Network
IP Address Ownership: If ArteryPlanet.Net assigns Customer an Internet
Protocol address for Customer's use, the right to use that Internet Protocol
address shall belong only to ArteryPlanet.Net, and Customer shall have
no right to use that Internet Protocol address except as permitted by
ArteryPlanet.Net in its sole discretion in connection with the Services,
during the term of this Agreement. ArteryPlanet.Net shall maintain and
control ownership of all Internet Protocol numbers and addresses that
may be assigned to Customer by ArteryPlanet.Net, and ArteryPlanet.Net
reserves the right to change or remove any and all such Internet Protocol
numbers and addresses, in its sole and absolute discretion. Our allocation
of IP addresses is limited by ARIN's new policies. These new policies
state that use of IP addresses for IP based virtual hosts will not be
accepted as justification for new IP addresses. What this means to you
is that you MUST use name-based hosting where possible. We will periodically
review IP address usage, and if we find that clients are using IP addresses
where name-based hosting could be used, we will revoke authorization
to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage: Customer agrees that
bandwidth and disk usage shall not exceed the number of megabytes per
month for the Services ordered by Customer on the Order Form (the "Agreed Usage").
ArteryPlanet.Net will monitor Customer's bandwidth and disk usage.
ArteryPlanet.Net shall have the right to take corrective action if
Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional charges, disconnection
or discontinuance of any and all Services, or termination of this Agreement,
which actions may be taken is in ArteryPlanet.Net's sole and absolute
discretion. If ArteryPlanet.Net takes any corrective action under this
section, Customer shall not be entitled to a refund of any fees paid
in advance prior to such action. In the event that a customer exceeds
the included allocation.
System and Network Security: Users are prohibited from violating or
attempting to violate the security of the ArteryPlanet.Net Network. Violations
of system or network security may result in civil or criminal liability.
ArteryPlanet.Net will investigate occurrences, which may involve such
violations and may involve, and cooperate with, law enforcement authorities
in prosecuting Users who are involved in such violations. These violations
include, without limitation:
Accessing data not intended for such User or logging into a server or
account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper authorization
and can result in immediate suspension of all services..
Attempting to interfere with service to any user,
host or network, including, without limitation, via means of overloading, "flooding", "mail
bombing" or "crashing" or ANY activity that disrupts the
normal service at any time.
Forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is
not entitled.
Selling services that are the property of ArteryPlanet.Net is strictly
forbidden and will result in immediate suspension of service.
Notification of Violation:
ArteryPlanet.Net is under no duty to look at each customer's or user's
activities to determine if a violation of the AUP has occurred, nor do
we assume any responsibility through our AUP to monitor or police Internet-related
activities.
First violation: Any User, which ArteryPlanet.Net determines to have
violated any element of this Acceptable Use Policy, shall receive an
email, warning them of the violation. The service may be subject at ArteryPlanet.Net's
discretion to a temporary suspension pending a User's agreement in writing,
to refrain from any further violations.
Second Violation: Users that ArteryPlanet.Net determines to have committed
a second violation of any element of this Acceptable Use Policy shall
be subject to immediate suspension or termination of service without
further notice.
We reserve the right, to drop the section of IP space involved in Spam
or Denial-of-Service complaints if it is clear that the offending activity
is causing great harm to parties on the Internet. In particular, if open
relays are on your network or a customer's network, or if denial of service
attacks are originating from your network. In certain rare cases, we
may have to do this before attempting to contact you. If we do this,
we will contact you as soon as is feasible.
Suspension of Service or Cancellation: ArteryPlanet.Net reserves the
right to suspend network access to any customer if in the judgment of
the ArteryPlanet.Net network administrators the customer's server is
the source or target of the violation of any of the other terms of the
AUP or for any other reason which ArteryPlanet.Net chooses. If inappropriate
activity is detected, all accounts of the Customer in question will be
deactivated until an investigation is complete. Prior notification to
the Customer is not assured. In extreme cases, law enforcement will be
contacted regarding the activity. The customer will not be credited for
the time the customer's machines were suspended.
ArteryPlanet.Net reserves the right to amend its policies at any time.
All Sub-Networks, resellers and managed servers of ArteryPlanet.Net must
adhere to the above policies. Failure to follow any term or condition
will be grounds for immediate Cancellation. You will be held responsible
for the actions of your clients in the matter described on these Terms
and conditions. Therefore, it is in your best interest to implement a
similar or stricter Terms and conditions or otherwise called Acceptable
Terms of use policy.
Indemnification: ArteryPlanet.Net wishes to emphasize that in agreeing
to the ArteryPlanet.Net Acceptable Use Policy (AUP) and Terms of Service
(ToS), customer indemnifies ArteryPlanet.Net for any violation of the
Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in
loss to ArteryPlanet.Net or the bringing of any claim against ArteryPlanet.Net
by any third-party. This means that if ArteryPlanet.Net is sued because
of a customer's or a customer of a customer's activity, the customer
will pay any damages awarded against ArteryPlanet.Net, plus all costs
and attorney's fees.
Miscellaneous Provisions: You must provide us with, and keep current,
good contact information. E-mail, fax, and telephone contacts are used,
in that order of preference, and are the users/clients responsibility
to update and maintain as current.
Subscriber shall not transfer or assign this Agreement without the prior
written consent of ArteryPlanet.Net. Company may assign Agreement at
anytime without consent from or notice to Subscriber. Company reserves
right to cancel customers rights under this contract at anytime without
further obligation.
ArteryPlanet.Net takes no responsibility for any material input by others
and not posted to the ArteryPlanet.Net Network by ArteryPlanet.Net. ArteryPlanet.Net
is not responsible for the content of any other websites linked to the
ArteryPlanet.Net Network; links are provided as Internet navigation tools
only. ArteryPlanet.Net disclaims any responsibility for any such inappropriate
use and any liability to any person or party for any other person or
party's violation of this policy.
ArteryPlanet.Net is not responsible for any damages or loss of data
that results in loss of income. ArteryPlanet.Net will never reimburse
any person, persons, organization or business for downtime or loss of
data. ArteryPlanet.Net does not make implied or written warranties for
any of our services. ArteryPlanet.Net denies any warranty or merchantability
for a specific purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service interruptions
caused by ArteryPlanet.Net.
Responsibility for Content: You, as ArteryPlanet.Net's customer, are
solely responsible for the content stored on and served by your ArteryPlanet.Net
server.
Customer agrees not to remove, modify or obscure any copyright, trademark
or other proprietary rights notices that appear on Software Products
or that appear during the use of Software Products. Customer further
agrees not to reverse engineer, decompile, or disassemble the Software
Products.
Denial of Service: ArteryPlanet.Net reserves the right to refuse service
to anyone at any time for any reason.
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Special Offers
Some of our hosting accounts come with a domain name
registration/renewal for Free if the hosting service is paid for one
year in advance.
When the eligible client signs up for the yearly plans we send them
an additional email advising the necessary steps to redeem this offer.
If the domain expire because the client did not follow the necessary
steps to transfer, register or renew the domain, ArteryPlanet.Net will
not be responsible for it.
This offer is only available for 30 days from the hosting signup date.
After 30 days from the hosting signup date the free domain name offer
is rescended.
Please note the domains are renewed 30 days before of the hosting due
date, this means the client agree to pay the hosting on the due date
to have the advantage to have the domain renewed for free, if he/she
wish to cancel the hosting after the domain was already renewed he/she
must pay the domain renewal fee, in case the client wish to cancel these
special plans including the domain renewal without paying fees, he/she
must do it at least 40 days before of the due date. We do not tolerate
any fraudulent attitude with this, if the domain is renewed and then
the client fail to pay the yearly hosting or fail to pay the fee of the
domain name renewal, he/she will lose the domain ownership and a fraud
complaint form will be filled out at the CC company.
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30 Days Money Back Guarantee Policy
Each ArteryPlanet.Net web hosting plan carries a 30
days money back guarantee.
If you are not completely satisfied with our services within the refund
time period specified for your plan, you will be given a full refund
of the contract amount excluding setup fees and overages.
This policy does not apply to any additional services
such as overages, disk space, bandwidth, domain registration/transfer,
etc. It does not also apply to Dedicated Servers accounts, or any fees
associated with these accounts.
Accounts cancelled/terminated by ArteryPlanet.Net for violating our
Acceptable Usage Policy or Service Policies do not qualify for the 30-day
money back guarantee. For example, if your account is cancelled due to
spamming, warez, you will not be given any refund.
To receive a full refund you must let us know why you
are not satisfied. This collation of information is used to improve and
provide the highest quality service possible for our present and future
customers. To receive a full refund, please open a ticket at
the Sales department and let us know the reason and send us your
account information (username, password, etc). Any cancellation request
will be effective upon receipt and must contain the account information
(domain name, username, password). Without these information the account
closure will not be completed.
The 30 days money back guarantee is available only
one time per client or per account.
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Aditional Point for Resellers
Our company works as a team with yours, poor or rude behavior will not
be tolerated.
Programming and software support will require hourly rates to be charged
to your account.
It is your responsibility to make sure you charge your clients accordingly.
You may charge what you like.
Email spamming will result in shut down of any of your clients domain
producing the effect.
You must provide all Direct Support to any resold packages under your
account including billing.
ArteryPlanet.Net will not provide direct support to anyone other than
the reseller designated contact.
It is the reseller's responsibility to take care of his/her customer,
unless the problem can't be solved by the reseller.
Resold accounts can't exist without the reseller's accounts. So if the
reseller's account is cancelled for some reason, resold accounts either
have to be cancelled or must be moved to fully paid accounts.
We are not responsible for any fraud made by the reseller's customers.
Please make sure of the validity of any account you are reselling.
We are not responsible if a client of a reseller finds out that ArteryPlanet.Net
is the ultimate provider of the service. This includes placing the name
of ArteryPlanet.Net (or any other identifying information) by error in
the control panel of resold accounts, if the customer finds out about
us with a network tools, and other events.
Only resellers are allowed to use our tech support sections in their
pages, and they must be expunged if the resellers cancel their account
with ArteryPlanet.Net. If any person, client or not, is found using our
content without our permission, we will pursue the issue legally.
It is the reseller's responsibility to watch over his/her customer's
correct usage of their accounts.
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ArteryPlanet´s Technical Support Limitations
Please be award that ArteryPlanet.Net does not provide support for:
- Web site design questions.
- HTML, CGI, Java or other programming "how-to" questions.
- Client control panel management, account creation, email address creation,
etc.
- Software installation.
- Upload/Download files.
- ArteryPlanet.Net is not responsible for teaching you how to use another
company's products. Example: ArteryPlanet.Net will assist you with the
settings for using MS Frontpage™, but we will not teach you how
to actually use the product itself. You need to contact the software
maker in such a situation, who provides tech support for how to use their
product. We cannot even attempt to support all the thousands of software
products on the market.
- ArteryPlanet.Net is not responsible for assisting with your own programs
and cgi scripts. If you choose to install your own programs and cgi scripts
on your site, you are responsible fully for installing them.
- ArteryPlanet.Net is not responsible for designing, nor developing,
your website, including HTML and/or images. We will attempt to give a
quick look at your design/development problem, and offer a suggestion
if it is a small issue.
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Website Suspension/Account Removal Policy
Any account that is 10 days past the payment due date will be suspended.
This means if your account payment is not received on or before the
ten (10) day from the payment due date, will be suspended.
Any website that has been abandoned/suspended for lack of payment will
be DELETED after 30 days.
If your account is suspended for thirty days (30) for non-payment, the
thirtieth (30th) day your account will be DELETED.
Once an account is deleted, it is gone, there is no undelete.
Payment is your responsibility, not ArteryPlanet.Net's.
No exceptions will be made.
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Backup Policy
ArteryPlanet.Net backup all the servers in case of a
catastrophic data loss. Aditionaly ArteryPlanet.Net could recover specific
account data by clients request from these backups. If you are interested
in our Data Recovery Service please contact us and we will provide you
with all the information and the fees.
ArteryPlanet.Net also provides a backup utility in
the Control Panel.
The client could backup his/her website(s) using the Control Panel
Backup utility or using FTP program to make local backups in his/her
computer.
ArteryPlanet.Net keep backups in case of a catastrophic
data loss. Keeping in mind these backup systems also could fail, ArteryPlanet.Net
is not responsible and do not provide any guarantee of data recovery
in case of a disaster.
ArteryPlanet.Net reccomends that all clients backup their website(s)
at least once per month for average website traffic. Clients with large
databases from Forum, Bulletin Board, or BLOG websites should consider
a weekly backup.
ArteryPlanet.Net reccomends that clients download their
website(s) backups to their local computer located in their business
or home. In the event of catastrophic data loss the entire site(s) can
be restored from the backup you make for your site(s) after a successful
upload of the data to the ArteryPlanet.Net server. If you do not make
a backup your data could be lost in the event of catastrophic data loss.
Definition: Catastrophic Data Loss
The loss of any part or all of the data that is stored on hard drive
as the result of mechanical failure of Hard Drive and/or Hard Drive
Controller, and/or mechanical and electrical failure of any part of
the server internally and/or externally.
The loss as the result of human error resuiting in the partial or complete
loss of data by means of accidental deletion and/or initial software
conflict and/or software upgrade and/or Operating System installation/Upgrade.
The loss of data as the result of a criminal server penetration by hacker(s)
resulting in the contamination and/or deletion of any file(s).
The loss of data as the result of a client's malicious server actions
that causes any damage and/or deletion of any file(s) and/or Operating
System.
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