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| TERMS
OF SERVICE (TOS) |
| ACCEPTABLE
USE POLICY (AUP) |
| SERVICE
LEVEL AGREEMENT (SLA) |
| COMPLAINTS
AND PROBLEMS |
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| Customers
c.q End-users: persons hiring hosting and services from Gomebox
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| Reseller:
An user who is reselling his webspace to other users (his/her end-users) |
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Gomebox, will not sell, distribute, reveal, or otherwise make available
any customer information. Should we need to contact you directly regarding
your specific account or service we will do so via email only. |
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DOMAIN
NAMES, DOMAIN TRANSFERS |
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order for your domain name to point to the Gomebox server your new
account is on, you must change your DNS (Domain Name Servers) at your
registrar. This process is not known as a domain transfer. What is
a domain transfer? If you want to physically transfer your domain
to Gomebox and away from your original registrar. Gomebox will take
necessary steps to register domain names on behalf of the client when
requested. However, clients are responsible for renewing their domain
names. Gomebox does not take responsibility for failing to renew domain
names. If your domain name was registered via our company, you must
check and take appropriate actions to renew a domain that is about
to expire. We do not handle renewals unless specifically asked for
by sending a ticket to our helpdesk. |
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When
you subscribe to our services, you are subscribing to a pre-paid service.
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The service period
is ended if the customer has not paid for a new period after finishing
the previous period. The user will be mailed one month before the
ending of his current period, or the customer may contact us. Accounts
7 days past due will be disabled/suspended. |
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Invoices will
be sent by email (or normal mail on request). |
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The hosting will
automatically be removed from Gomebox servers when the service period
is over and no new payment has been done. Payment and renewal has
do be done before the current term is over. |
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Gomebox has the
right to end this agreement at any given time. If the user has complied
with all the terms of this agreement. |
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Customer will
have to pay any bank fees (transfer or commission fees charged to
Gomebox for an international transfer for example). |
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All invoices
are in euro and include 19% Dutch VAT. |
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| Gomebox
believes in freedom of speech; however, any content (written, visual,
or implied) in the following areas will not be tolerated and is grounds
for immediate suspension of service (in most cases customer will be
allowed a zip file of their files): racism or prejudice due to color,
creed, or belief; profanity or obscene language towards anyone but
yourself; any violent/malicious content. We do allow legal adult content.
We prefer that you self-govern your content and are responsible as
to what your website provides. We do not have the resources and time
needed to govern our servers constantly which have growing and evolving
content. However, if Gomebox is made aware of any questionable content
on a Gomebox-hosted site, we will address the concerns directly with
you and seek an amiable resolution. If anyone contacts us about content
they have found on a Gomebox server that copyrights their own material
or that they wish to be removed, we require legal documentation to
take any further action. |
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| If
you choose to engage in marketing your site and/or services via email
please heed the following. The only permitted form of email marketing
is that in which the list is "opt-in". By definition, opt-in
is where people provide you with their email address specifically
requesting to be on your email list for information about your site
and/or service. If we find your account trasnmitting email to persons
that did not authorize such activity, that is grounds to suspend and
terminate your site. Note: On the flip side, the joining of an opt-in
email list does not guarantee the legitimacy of such a list. Please
contact us before taking any steps so that you will not be a victim
of spam from second and third parties of such lists. |
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| Gomebox
has a zero tolerance policy regarding unsolicited commercial email
(UCE) and unsolicited bulk email (UBE) also known as "spam".
Spam is the act of sending unsolicited email. You will be cited
with UCE/UBE abuse if you send any email to persons who have not
specifically asked to receive email from you. The sending origin
of such email is irrelevant. If your Gomebox-hosted site is referenced
in any way within such an email, then you will be cited for UCE/UBE.
Upon confirmation of abuse, any Gomebox customer engaging in this
practice will have their service suspended and terminated immediately
without refund. Not only does spam place a strain on the server
that can negatively effect that server's uptime record and performance
record, you subject that server to be blacklisted. |
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| Gomebox
makes no endorsement, claims, or promises regarding the services offered
by our customers and will not be held liable for any disputes or claims
against said customers. In no event shall Gomebox be liable for any
direct, indirect, incidental, consequential, special and exemplary
damages, or any damages whatsoever, arising from the use or performance
of this web site or from any information, services or products provided
through your web site. We are not responsible for any content on any
server in our network and will not take any action against any questional
material or action until the website in question is brought to our
attention by emailing abuse@gomebox.com. |
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ACCEPTABLE
USE POLICY (AUP) |
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| Gomebox
is dedicated to providing top quality service at a very affordable
price. The conditions which follow are necessary to ensure that we
may continue to provide the best possible service to all of our customers
whilst at the same time satisfying our legal and ethical responsibilities.
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| Failure
to follow any condition will be grounds for immediate account deactivation
with notice. Gomebox will be the sole arbiter as to what constitutes
a violation of any of these provisions. |
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| Activity
which results in the suspension or deactivation of an account will
result in a forfeiture of all fees paid. Complaints made regarding
abuses of an account will be investigated and if found guilty will
be grounds for immediate suspension. |
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To report suspected
abuses or any violations of these policies, please contact abuse@gomebox.com
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| Gomebox
servers may be used for lawful purposes only. Transmission, storage,
or distribution of any information, data or material in violation
of any applicable law or regulation is prohibited. This includes,
but is not limited to: copyrighted material, trademark, trade secret
or other intellectual property right used without proper authorization,
and material that is obscene, defamatory, constitutes an illegal threat,
or violates export control laws. Examples of non-acceptable content
or links: Pirated software, Hackers programs or archives, Warez sites,
MP3, and IRC bots. The subscriber to Gomebox service agrees to indemnify
and hold harmless Gomebox from any claims resulting from the use of
the service that damages the subscriber or any other party. Gomebox
will be the sole arbiter as to what constitutes a violation of this
provision. |
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| Gomebox
does not allow background Daemons such as IRC bots; eggdrop; BitchX;
XiRCON; and any other program that interferes with normal server operation.
No warez is allowed. Web proxies are not tolerated. This includes
NPH-Proxy, and web proxy. If your site is found to hold any proxy
files, your account will be suspended. When using an account with
shell, you are not allowed to run ANY servers or services on the Gomebox
network. Servers are defined as perlbots, proxies, BitchX, psyBnc,
root exploits, DDoS scripts, Shoutcast servers, etc. Running any of
these will face an immediate suspension, and users will be subject
to a fine. Gomebox reserves the right to terminate an account for
these activities also. |
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| Any
website that uses a high amount of server resources (such as, but
not limited to, CPU time, memory usage, and network resources) will
be given an option of either paying extra for a dedicated server /
semi-dedicated server (which depends on the resource needed). Gomebox
shall be the sole arbiter of what is considered to be a high server
usage level. |
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| Gomebox
web hosting accounts are not to be used for the purposes of distributing
software and multimedia products. If you wish to distribute software
and/or multimedia files, please contact info@gomebox.com
for special arrangement. |
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| Gomebox
web hosting accounts are not to be used for the purposes of distributing
and/or storing an unusual amount of files. We are a web hosting company,
not a remote file storage company. Any web site whose disk space usage
for storing the files exceed 70% of its total usage, either in terms
of total size or number of files, will be deemed to be using unusual
amount of files. At that point, if we find that those files are illegal
or harmful in any way, you will be notified. If you do not have any
negative intentions such as causing harm to our server or to others
with the files you keep, then you have nothing to worry about. |
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| Gomebox
does not allow IRC or IRC bots to be operated on our shared, reseller
or dedicated servers. |
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| Users
are prohibited from violating or attempting to violate the security
of the Gomebox Network. Violations of system or network security may
result in civil or criminal liability. Gomebox will investigate occurrences,
which may involve cooperation with law enforcement authorities in
prosecuting Users who are involved in such violations. These violations
include, without limitation:
1) Accessing
data not intended for such user or logging into a server or account,
which such user is not authorized to access,
2) Attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without
proper authorization,
3) Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing",
4) Forging any TCP/IP packet header or any part of the header information
in any e-mail or forum posting,
5) Taking any action in order to obtain services to which such User
is not entitled,
6) Attempting to couple many hosting packages together to take advantage
of massive space or bandwidth allocations,
Each hosting package purchased is unique to a do main name and use
- you are not allowed to purchase multiple plans to obtain combined
bandwidth & space. Gomebox will stop such transactions and label
them as deceptive. We have an upgrade path for all services and
we can often times work out special deals for users if they ask
us for the assistance.
Violations of
system or network security are prohibited, and may result in criminal
and civil liability. Examples include, but are not limited to the
following: Unauthorized access, use, probe, or scan of a systems
security or authentication measures, data or traffic. Interference
with service to any user, host or network including, without limitation,
mail bombing, flooding, deliberate attempts to overload a system
and broadcast attacks. Forging of any TCP-IP packet header or any
part of the header information in an email or a newsgroup posting.
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| Any
attempts to undermine or cause harm to a Gomebox server or customer
of Gomebox is strictly prohibited. Any sub-networks of Gomebox and
dedicated servers must adhere to the above policies. The failure to
meet or follow any of the above guidelines are grounds for account
deactivation. We reserve the right to remove any account without prior
notice. |
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| The
client is responsible for all activity originating from the account
unless proven to be a victim of outside hacking or address forgery.
The client is responsible for securing their username/password. The
client assumes responsibility for all material on their site that
may be put on by a third party (such as the usage of Free For All
links pages). Use of Gomebox service requires a certain level of knowledge
in the use of Internet languages, protocols, and software. This level
of knowledge varies depending on the anticipated use and desired content
of the web space by the client. The following examples are offered:
Web Publishing: requires knowledge of HTML, properly locating and
linking documents, FTPing Web contents, Graphics, text, sound, image
mapping, etc. FrontPage web publishing: knowledge of the FrontPage
tools as well as Telnet and FTP understanding and capability. CGI-Scripts:
requires a knowledge of the UNIX environment, TAR & GUNZIP commands,
Perl, CShell scripts, permissions, etc. Mail: a use of mail clients
to receive and send mail, etc. The client agrees that he or she has
the necessary knowledge to create and maintain their web space. Client
agrees that it is not the responsibility of Gomebox to provide this
knowledge or support outside matter specific to Gomebox servers. |
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| Gomebox
takes extreme steps to maintain system integrity. However, Gomebox
shall not be held responsible for loss of data due to any cause. To
ensure the highest level of data protection, Gomebox recommends that
ALL information be backed up on your own computer. As with any data
that you hold a high importance to, it should be in more than one
location at all times. All Gomebox data backups are designed against
hardware failure not customer user error. |
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| The
failure by a customer to meet or follow any of the above policies/terms
is grounds for account deactivation. Gomebox will be the sole arbiter
as to what constitutes a violation of the AUP. Gomebox reserves the
right to remove any account without prior notice. |
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| When
Gomebox becomes aware of an alleged violation of its AUP, Gomebox
will initiate an investigation. During the investigation, Gomebox
may restrict a customer's access in order to prevent further potentially
unauthorized activity. Depending on the severity of the violation,
Gomebox may, at its sole discretion, restrict, suspend, or terminate
a customer's web hosting account and/or pursue other civil remedies.
If such violation is a criminal offense, Gomebox will notify the appropriate
law enforcement authorities of such violation. |
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| Gomebox
does not issue credits for outages incurred through service disablement
resulting from AUP violations. |
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| Gomebox
customers agree to indemnify and hold harmless Gomebox from any claims
resulting from the use of our services that damages them or any other
party. The Gomebox hosting service is provided on an as is, as available
basis without warranties of any kind, either express or implied, including,
but not limited to, warranties of merchantability, fitness for a particular
purpose or non-infringement. Gomebox expressly disclaims any representation
or warranty that the Gomebox Hosting service will be error-free, secure
or uninterrupted. No oral advice or written information given by Gomebox,
its employees, licensors or the like, will create a warranty; nor
may you rely on any such information or advice. Gomebox and its partners
and suppliers will not be liable for any cost or damage arising either
directly or indirectly from any transaction or use of the service. |
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| Gomebox
reserves the right to add, delete, or modify any provision of this
policy at any time without notice. |
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| We
reserve the right to refuse, cancel, or suspend service at our sole
discretion. |
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SERVICE
LEVEL AGREEMENT (SLA) |
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| This
web site availability service level agreement (SLA) applies to you
if you have ordered any hosting plan ("service") and you
are in good financial standing with Gomebox. |
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| Gomebox
endeavors to have network connectivity available for http access by
third parties 99% of the time ("web site availability"). |
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In
the event that your website('s) are not available, and the problem
is within the Gomebox Network (our fault / our equipment) then Gomebox
will credit the monthly service charge for the service as calculated
below and as measured 24 hours a day in a calendar month. The maximum
credit is not to exceed the monthly service charge for the affected
month:
Web site availability
credit
95% to 99.4% = 10%
90% to 94.9% = 25%
89.9% or below = 50%
In order for
you to receive a credit on your account, you must request such credit
within seven (7) business days after you experienced no website
availability so that we may check our stats and your stats. You
must request credit by sending an electronic mail message to billing@gomebox.com.
For security, the body of this message must contain your domain
name, the dates and times of the unavailability of your web site,
and such other customer identification requested by Gomebox. Credits
will usually be applied within sixty (60) days of your credit request.
Credit to your account shall be your sole and exclusive remedy in
the event that there is no web site availability. |
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| Credits
shall not be provided to you in the event that you have no web site
availability resulting from (i) scheduled maintenance, (ii) your behavior
or the performance or failure of your equipment, programs or applications,
or (iii) circumstances beyond Gomebox reasonable control, including,
without limitation, acts of any governmental body, war, insurrection,
sabotage, embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability of interruption
or delay in telecommunications or third party services (including
DNS propagation), failure of third party software or hardware or inability
to obtain raw materials, supplies, or power used in or equipment needed
for provision of your Web Site. |
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| Online
problems occur continuously. There might come a time when you cannot
access your website or any other service. This is not necessarily
due to Gomebox. Perhaps your ISP is experiencing technical difficulties,
or there might be a routing problem between your ISP and the data
center, making communication difficult or impossible. We cannot bear
the responsibility of such problems. Our monitoring agents determine
the uptime of our service, and not any one client's experience. |
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| Gomebox
is not responsible for the restoration of data to server. We strongly
recommend that your purchase backup options for your server, and keep
copies of your data off-site with you for emergency purposes. If hardware
failure and data loss occur, you the client, are responsible for data
restoration. Gomebox shall not be liable for loss of data under any
circumstance. |
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| Hardware
replacement will normal occur within 1 - 8 hours of the reported problem. |
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| In
case the customer has complaints and/or problems about/with the hosting,
he is obliged to make this known to Gomebox by sending an email with
sufficient (technical) information to support@gomebox.com.
Customer is aware that the internet is a huge, busy network and that
the performance of the hosting can be degraded by many external factors.
Gomebox cannot guarantee any external factors (factors outside of
the Gomebox network), however we will try to improve connections and
peerings if possible. More information can be requested at info@Gomebox.com |
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you contact Gomebox with problems and/or complaints please provide
us with enough information about the problems and/or complaints. |
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| If
you require any further information or have any questions about
our terms, please contact
us
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