Terms Of Service
Where the context admits: "We" includes
Luse Media Group, ProNetSpace.com or any party acting
on Luse Media Group's implicit instructions. "You" includes
the person purchasing the services or any party
acting on the customer's instructions. "The
Registrant" includes the person applying for
a domain name or any party acting on the Registrant's
instructions. "The Registry" the relevant
domain names Registry. "Server" means
the computer server equipment operated by us in
connection with the provision of the Services. "Web
Site" means the area on the Server allocated
by us to you for use by you as a site on the Internet.
In consideration of the mutual covenants herein,
the parties agree to the following, which shall
apply during the term of this agreement.
By using our services you agree to be bound by our terms and conditions below:
1.
Domain Name Registration
1.1 We make no representation that the domain name you wish to register is
capable of being registered by or for you or that it will be registered in
your name. You should therefore not assume registration of your requested domain
name(s) until you have been notified that it has or they have been registered.
Any action taken by you before such notification is at your risk.
1.2 The registration and use of your domain name is subject to the terms and
conditions of use applied by the relevant naming authority; you shall ensure
that you are aware of those terms and conditions and that you comply with them.
You shall have no right to bring any claim against us in respect of refusal
to register a domain name.
1.3 We shall have no liability in respect of the use by you of any domain name;
any dispute between you and any other person must be resolved between the parties
concerned in such dispute. If any such dispute arises, we shall be entitled,
at our discretion and without giving any reason, to withhold, suspend or cancel
the domain name. We shall also be entitled to make representations to the relevant
naming authority but will not be obliged to take part in any such dispute.
1.4 Any domain name(s) held, including domain names provided free of charge
with any service(s), will become the property of Luse Media Group during a
payment or fraud issue and we will then reserve the right to suspend, cancel
or sell such domain names at our discretion. If any monies owned to us are
not received in full after 30 days from our final notice it will be considered
as fraud and our fraud policy, as detailed on our website, will be used to
collect such monies. If the domain name is due for renewal during any payment
/ fraud issues it will not be renewed and the customer will be billed the standard
yearly rate for domain names as per our website. Any free domain name offers
will cease to be in force under such circumstances.
2.
Web Site Hosting And Email
2.1. We make no representation and give no warranty as to the accuracy or quality
of information received by any person via the Server and we shall have no liability
for any loss or damage to any data stored on the Server.
2.2. You shall effect and maintain adequate insurance cover in respect of any
loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that you will use the Web Site
allocated to you only for lawful purposes. In particular, you represent, warrant
and undertake to us that.
2.3.1 you will not use the Server in any manner which infringes any law or
regulation or which infringes the rights of any third party, nor will you authorize
or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory,
obscene, pornographic, blasphemous, profane or otherwise objectionable in any
way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal
offense or which infringes any patent, trade mark, design right, copyright
or any other intellectual property right or similar rights of any person which
may subsist under the laws of any jurisdiction.
2.3.3 you will not send bulk email whether opt-in or otherwise from our network.
Nor will you promote a site hosted on our network using bulk email.
2.3.4 you will not employ programs which consume excessive system resources,
including but not limited to processor cycles and memory.
2.4 We reserve the right to remove any material which we deem inappropriate
from your web site without notice. We do not host Warez, Adult or illegal MP3
content (i.e. you may only upload MP3's if you own the copyright).
2.5 You shall keep secure any identification, password and other confidential
information relating to your account and shall notify us immediately of any
known or suspected unauthorized use of your account or breach of security,
including loss, theft or unauthorized disclosure of your password or other
security information.
2.6 You shall observe the procedures which we may from time to time prescribe
and shall make no use of the Server which is detrimental to our other customers.
2.7 You shall procure that all mail is sent in accordance with applicable legislation
(including data protection legislation) and in a secure manner.
2.8 In the case of an individual User, you warrant that you are at least 18
years of age and if the User is a company, you warrant that the Services will
not be used by anyone under the age of 18 years.
2.9 Any access to other networks connected to Luse Media Group DBA ProNetSpace
must comply with the rules appropriate for those other networks.
2.10 While we will use every reasonable endeavor to ensure the integrity and
security of the Server, we do not guarantee that the Server will be free from
unauthorized users or hackers and we shall be under no liability for non-receipt
or misrouting of email or for any other failure of email.
2.11 We will not tolerate any abuse of our network. Users that abuse the network,
such as mass unsolicited email (spam), illegal content, fraud, payment evasion
will be punished to the fullest extent allowable under law.
2.12 In relation to clause 2.11, we have the right to charge a $150 fine for
each abuse case and the abuser will be liable for any costs incurred by ourselves,
our customers or any other company / business linked to us.
2.13 If you abuse the network or we receive a complaint about your account
we will investigate this and we have the right to suspend the account if your
actions could have a negative effect on our business or any other business
connected to us. In extreme cases we may terminate your account and end our
business relationship with you immediately. In such circumstances a refund
will not be paid. Attempts to recover any monies paid in abuse situations will
result in legal proceedings against you to the fullest extent allowable under
law.
2.14 The above clauses, namely 2.11, 2.12 and 2.13 are here to protect our
honest and legitimate customers from the negative effects caused by abuse of
our network. We take abuse extremely seriously and we will always punish abusers
to the fullest extent in EVERY case without exception.
3.
Affiliates
3.1 We reserve the right to remove an affiliate account if it is found that
the said affiliate has conducted any of the following activities: the sending
of unsolicited email (aka spam/spamming), bulk off-topic advertising / posting
to newsgroups, performed an action that could or has damaged our business reputation,
or the reputation of any companies / businesses connected with Luse Media Group.
3.2 We reserve the right to increase / decrease commissions and percentages
to our affiliates at any time without reason, and to remove the affiliate scheme
altogether at any time.
3.3 Affiliates commission is calculated in $US (US DOLLARS)
3.4 Affiliates will receive their commission when they have built up a balance
of $100 or more. When this amount is reached, the funds will be transferred
to the affiliates Paypal account upon request by email to
.
3.65 Customers that find our services from the internet via an affiliate link
or search engine may not sign up after joining the affiliate program and purchasing
via their own affiliate link.
4.Web
Site Hosting Service Availability
4.1 We shall use our reasonable endeavors to make available to you at all times
the Server and the Services but we shall not, in any event, be liable for interruptions
of Service or down-time of the Server.
4.2 We shall have the right to suspend the Services at any time and for any
reason, without notice.
4.3 The Services provided to you hereunder and your account with us cannot
be transferred or used by anyone other than you. No more than one log-in session
under any one account may be used at any time by you. If you have multiple
accounts, you are limited to one login session per system account at any time;
user programs may be run only during log-in sessions. If your account is found
to have been transferred to another party, or shows other activity in breach
of this subclause, we shall have the right to cancel the account and terminate
the Services and/or this Agreement immediately.
4.4 Uptime guarantees do not include downtime required to upgrade / service
hardware or problems caused by your equipment or 3rd parties, for example but
not limited to, your ISP (internet service provider).
5.
Payments
5.1 All charges payable by you for the Services shall be in accordance with
the scale of charges and rates published from time to time by us on our web
site and shall be due and payable in advance of our service provision. We reserve
the right to change pricing at any time although all pricing is guaranteed
for the period of pre payment.
5.2 Payment is due each month or year until closure notice is given. If you
choose to pay by credit or debit card you authorize Luse Media Group's credit
card / debit card processing (PayPal) to debit your account renewal fees from
your card.
5.4 Without prejudice to our other rights and remedies under this Agreement,
if any sum payable is not paid on or before the due date, we shall be entitled
forthwith to suspend the provision of Services to you.
5.6 Orders submitted using free email accounts may be subject to a telephone
call to confirm the order prior to the account being set up.
5.7 From time to time security checks are performed and new customers may be
telephoned prior to any service commencing.
5.8 If unpaid monies are owned to us for one or more services we reserve the
right to suspend / terminate all services you hold within the Luse Media Group
network and it's sister websites.
6.
Web Site Hosting Termination
6.1 If you fail to pay any sums due to us as they fall due, we may suspend
the Services and/or terminate this Agreement forthwith without notice to you.
6.2 If you break any of these terms and conditions we may suspend the Services
and/or terminate this Agreement forthwith without notice to you.
6.3 If you are a company and you go into insolvent liquidation or suffer the
appointment of an administrator or administrative receiver or enter into a
voluntary arrangement with your creditors, we shall be entitled to suspend
the Services and/or terminate this Agreement forthwith without notice to you.
6.4 Refunds will be given at the discretion of the Company Management including
refunding of upfront yearly fees
6.5 We reserve the right to suspend the Services and/or terminate this Agreement
/ your account at any time without notice.
6.6 You may cancel the Services at any time. Canceling payments (PayPal) to
us on monthly paid plans will result in the immediate suspension of the service(s).
For annually paid plans the account will be suspended at the end of the 12
month period. Partial refunds will only be given on annual plans.
6.7 On termination of this Agreement or suspension of the Services we shall
be entitled immediately to block your Web Site and to remove all data located
on it.
6.8 When an account termination request is received it will only be processed
if it contains enough proof that we know it came from the authorized account
holder. Such information required is: account number, username, password.
6.9 When an account termination request is received it will be terminated immediately.
We do not accept termination requests that request closure at a future date.
6.10 Accounts closed in error by the customer will not be reopened unless we
receive new payment equivalent to one months service which must then be cancelled
by the customer at the correct time of closure.
12.
Secure certs
12.1 Secure certificate fees are non refundable
12.2 We require proof of authority to use the domain name for which the certificate
is applied for, and proof of identity before we will issue your certificate.
12.3 For business application we may also require proof of business trading.
12.4 The certificate is for a 12 month period only. You may renew your certificate
before it expires for continuous service.
12.5 If the renewal payment is not received at the end of the 12 month service
period your certificate will be suspended.
.
14.
Dedicated servers
14.1 Our dedicated server packages have a minimum contract of 3 months after
which you may cancel at anytime.
14.2 Set up fees are non refundable
14.3 Software support is not covered by our managed policy unless the software
is CPanel / WHM.
14.4 You are free to install any legal software on our dedicated servers
14.5 You must make any person(s) that may use the dedicated server aware of
our terms and conditions and our privacy policy, however you do not have to
disclose that we are your service provider.
14.6 If you intend to resell services to other individuals
via your dedicated server then you must comply with our reseller terms as
above.
14.7 Service will not commence until we have received as
signed and dated copy of our dedicated server contract.
14.8 Dedicated customers must also comply with section 2. Web Site Hosting
And Email and section 4.Web Site Hosting Service Availability, as above.
16.
Credit / Debit Card Chargebacks
16.1 If a services have been used and the customer requests their bank to recall
the payments made (sometimes called a chargeback) then legal action will be
taken against the customer to recover such payments in all circumstances.
16.2 All actions of fraud are automatically reported to the police and dealt
with according to our fraud policy without exception.
17.
Law
17.1 This Agreement shall be governed by and construed in accordance with United
States law and you hereby submit to the non-exclusive jurisdiction of the courts
of the United States of America.
18.
Headings
18.1 Headings are included in this Agreement for convenience only and shall
not affect the construction or interpretation of this Agreement.
19.
This agreement
19.1. By performing any transactions on this web site you agree to these terms
and conditions and also agree to make any person(s) who use our services aware
of our terms and conditions. |