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Legal
Notice
Effective
17/01/2004
MANBIZ ISP
LLC (Internet Service Provider)
(hereinafter "Provider")
provides World Wide Web page
hosting, Provider
reserves the right to suspend or cancel
any customer's access to any or all
services provided by Provider when
decides that the account has been
inappropriately used or otherwise.
These are the terms and conditions for
use of the Internet services provided by
Provider. By purchasing services from
Provider, you (subscribers) agree to
abide by these terms and conditions. We
reserve the right to change this
agreement at any time without notice.
Lawful Use
Personal accounts are to be used by the
primary owner only, account holders are
not permitted to resell, store or give
away web-hosting services of their
website to other parties even if it was
for free or non-profitable.
You are responsible for conforming to
all federal, state, and local laws
regarding the Internet and electronic
communication. You must respect the
intellectual property and copyrights of
resources provided by others on the net.
You may not participate in any illegal
activities while using your account.
You must obey the laws of the United
States and other countries that you
communicate with over the net. We cannot
and do not monitor or control traffic
content to/from our service.
You are responsible for keeping your
activities legal, and for censoring
yourself and colleagues. Subscribers is
not permitted to post any material that
is illegal, libelous, tortuous, or
likely to result in retaliation against
Provider. Should the posted material
fall into this category, we reserves the
right to immediately refuse or terminate
service.
Provider does not
allow any of the following content to be
stored on its servers:
Illegal
Material - This includes copyrighted
works, commercial audio, video, or music
files and any material in violation
of any
Greece regulation.
Adult
Material - Includes all pornography,
erotic images, or otherwise lewd or
obscene content. The designation of
"adult
material" is left entirely to the
discretion of Provider.
Warez -
Includes pirated software, ROMS,
emulators, freaking, hacking, password
cracking, IP spoofing, etc., and
encrypting of any of the
above. Also includes any sites which
provide "links to" or "how to"
information about such
material.
Data and Backup
While we do back up our system files, we
do not back up domain files uploaded by
our Subscribers. This means that if you
upload web pages or other personal files
to our system, you must keep a backup on
your own machine. Subscribers agrees
that Provider has the right to delete
all data, files, or other information
that is stored on Provider's computers
upon termination of services, or
cancellation of account due to
non-payment or breaking any of these
terms by customer.If you are a Web
designer and you are not the person
paying for the hosting account we advise
you to receive payment for your work
before you publish it to our servers.
Once the Web site is published to our
servers the account owner has retained
ownership of that content.
Unsolicited
Advertising (spam)
Unsolicited advertising (spam) via
E-mail or newsgroups is prohibited and
shall result in immediate account
dismissal. "Spamming", including (but
not limited to) mass-E-mailing,
cross-posting, or otherwise causing
abuse to others on the net is prohibited
and will be grounds for account
dismissal. Any actions construed to be
negligent, malicious, or a
denial-of-service attack is strictly
prohibited.
Hold Harmless
Subscribers will indemnify and hold
Provider harmless (including officers,
employees, agents, and shareholders) of
any and all claims, costs, expenses or
liability resulting from any damage to
Subscriber's business, service,
equipment, network, operations, or
reputation resulting from Provider's
actions. Indemnification includes, but
is not limited to, any government
actions, acts of vandalism or other
retaliation, and any claims of libel,
unfair competition, infringement of any
patent, copyright, trademark, service
mark, or other intellectual property
right, violation of privacy, or other
tort.
Payment Policy
All accounts are set up on a prepay
basis. Although Provider reserves the
right to change prices of accounts or
services at any time all pricing is
guaranteed for the period of prepayment.
Payment is due each anniversary year or
month following the date the account was
established.
In order to streamline our accounting
procedures and keep costs down Provider
accepts MasterCard, Visa (not Visa
electron), Discover and American
Express, and in some special cases
Provider may accept cash transfers done
by Western Union.
In addition, Provider reserves the right
to suspend other services until the
outstanding debt is cleared. The
customer is responsible for all money
owed on the account from the time it was
established to the time that the
customer sends a written cancellation
request.
Provider reserves the right to cancel
the service at any time. Customer refund
requests are to be sent via fax to:
+3051 0 834556 and will only be
processed in the cases of service
non-performance that might be caused by
Provider 's side, Refund requests will
be refused if it's requested for any
cause that's out of Provider's side, For
example:
Domain
transfer failure.
Failure of
any third party programs that's not
supported by Provider.
Customers
lack of experience in dealing with web
basics and communication protocols.
Fraud Fighting
For Those Thinking About Committing
Fraud:
Card fraud is a federal crime and a
felony punishable by heavy fines and
jail time. Fraudulent behavior will be
prosecuted aggressively and with a
passion to the fullest extent of the
law.
The ID and address of your computer and
your ISP provider have been determined,
and recorded as a safeguard against
fraudulent behavior and may be used by
Provider or legal entities to prosecute
guilty parties.
All information must match card account
records as provided by the card-issuing
bank. Inputting intentionally false
information is fraud and will not be
tolerated and may subject you to
prosecution.
Card numbers are transmitted directly to
the banking network for authorization.
Provider does not record the card number
anywhere.
Provider considers fraud a direct and
serious threat to our business
profitability. We do not take any effort
to defraud lightly and will prosecute
whenever and wherever possible to the
fullest extent of the law.
Disclaimer of
Warranties
PROVIDER'S SERVICE IS PROVIDED ON AN "AS
IS, AS AVAILABLE" BASIS. PROVIDER
SPECIFICALLY DISCLAIMS ANY OTHER
WARRANTY, EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. IN NO
EVENT SHALL PROVIDER BE LIABLE FOR ANY
CONSEQUENTIAL, INDIRECT, SPECIAL OR
INCIDENTAL DAMAGES, EVE N IF PROVIDER
HAS BEEN ADVISED BY CLIENT OF THE
POSSIBILITY OF SUCH POTENTIAL LOSS OR
DAMAGE. IF PROVIDER'S SERVICE TO CLIENT
IS DISRUPTED OR MALFUNCTIONS FOR ANY
REASON, PROVIDER SHALL NOT BE
RESPONSIBLE FOR LOSSES OF INCOME DUE TO
DISRUPTION OF SERVICE, BEYOND THE FEES
PAID BY CLIENT TO PROVIDER FOR SERVICES,
DURING THE PERIOD OF DISRUPTION OF
MALFUNCTION.
Limitation/Disclaimer of Liability
Provider is not liable for protection or
privacy of electronic mail or other
information transferred through the
Internet or any other network provider
or its customers may utilize. Provider
does not represent or warrant to Client
that Client will receive continual and
uninterrupted service during the term of
this Agreement. In no event shall
Provider be liable to Client for any
damages resulting from or related to any
failure or delay of Provider to provide
service under this Agreement if such
delays or failures are due to strikes,
riots, fire, inclement weather, acts of
God, theft or vandalism or other causes
beyond Provider's control, as defined by
standard practices in the industry. Such
failure or delay shall not constitute
default under this Agreement.
Resale of
Provider's Service
If Client acts as a "reseller" of the
services provided by Provider to Client
hereunder, by Client providing similar
services to its customers, then all the
terms of this Agreement shall provide to
the resale. Without limiting the
foregoing, Client's obligations under
Section 9 ("Indemnity") shall apply to
any and all claims made against Client
and/or Provider which arise out of the
resale of Provider's services.
Governing
Law/Venue
The laws of the Greece shall govern this
Agreement. Venue for any action
hereunder shall be in the state court of
Kavala located in Greece.
Relationship of
the Parties
The parties intend that an independent
contractor relationship will be created
by this contract, and that no
partnership, joint venture or
employee/employer relationship is
intended.
Taxes
If any federal, state or local
governmental entity with taxing
authority over the services provided
under this Agreement imposes a tax
directly on the services provided by
Provider to Client under this Agreement
(excluding any income, business and
occupation, capital gain, death or
inheritance, or other indirect taxes),
then Provider may pass the direct amount
of such cost on to Client, and Client
shall promptly pay such cost.
Waiver
Any party's failure to insist on
compliance or enforcement of any
provision of this Agreement shall not
affect its validity or enforceability or
constitute a waiver of future
enforcement of that provision or of any
other provision of this Agreement.
Attorneys' Fees
If a legal proceeding is commenced to
enforce or obtain a declaration of
rights under this Agreement, the
prevailing party in such proceeding
shall be entitled to recover its
reasonable attorneys' fees and costs
incurred in the proceeding from the
non-prevailing party, as well as any
reasonable attorneys' fees and costs
that the prevailing party incurred prior
to commencing the proceeding.
IP Addresses
Provider maintains control and any
ownership of any and all IP numbers and
addresses that may be assigned to Client
and Reserves in its sole discretion the
right to change or remove any and all IP
numbers and addresses.
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