TERMS OF SERVICE
Welcome to the Adplus – Web Hosting for Professionals web site.
Adplus.eu agrees to deliver services to its Subscribers, subject to the following Terms of Service. The use of Adplus.eu service constitutes acceptance and agreement to the following. Adplus.eu owns the right to change/modify/alter the Terms of Service with no notice.
Prohibited UsageAs a subscriber of Adplus.eu, you agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Adplus.eu will impose fees; and/or pursue civil remedies without providing advance notice. Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
Spam and Unsolicited Bulk Email
A message and/or email, is considered unsolicited if it is sent to a recipient who has not requested the message or if it is posted in violation of a newsgroup charter. Adplus.eu has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as the sending of the same, or similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Adplus.eu whether or not the message actually originated from our network.
Adplus.eu mass mailing rules also apply to mailing lists, list serves, or mailing services you may contract with. The policy is the following: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
Unauthorized Access to Networks / Other Computer
Attempting unauthorized and/or illegal access of computers, networks and / or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Adplus.eu and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Europe or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.
Adplus.eu services may not be used to facilitate infringement of these laws in any way.
Viruses and/or Other Destructive Activities
In the case of distribution of information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks, that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment, shall result in suspension and repeated offenses will result in subsequent termination of the Adplus.eu services with no refund given for the prepaid period.
Engaging in illegal activities or engaging in activities harmful to the operations of Adplus.eu or Adplus.eu subscribers.
Adplus.eu does not prohibit the use of distributed, peer to peer network services such as Tor, nor does Adplus.eu routinely monitor the network communications of the Subscriber Server as a normal business practice. However, subscribers are responsible for the contents of network traffic exiting their Adplus.eu. Any usage that prompts the receipt of abuse complaints pertaining to violation of European and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms. Misrepresenting or forging message headers, whether in whole or in part, to mask the originator of the message by the Subscriber, shall result in suspension and subsequent termination of the Adplus.eu services. Also Adplus.eu is required by law to notify law enforcement agencies in the event of child pornography on or being transmitted through Adplus.eu network. We will notify the authorities and provide them with your complete contact information as well as all logs required to successfully prosecute child pornography cases, including your home IP numbers, logs of all activities, payment details, and any/all information we have on file.
Acceptable ContactYou are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Adplus.eu. You will not engage in any activity that interferes with or disrupts Adplus.eu services or networks connected to Adplus.eu.
Payment And InvoicesYou agree that Adplus.eu shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Adplus.eu does not accept any form of gift cards, or Western Union payments. In case that you use PayPal, you are entirely responsible of sending the agreed amount in advance of the service provided.
The subscriber is aware that Adplus.eu may prospectively change the specified rates and charges from time to time.
Adplus.eu is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Adplus.eu. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits are issued for unused services when the Subscriber retains any active service. Pro-rated refunds are issued if the Subscriber does not retain any active service and they are specifically requested via the cancellation form.
99.9% Uptime SLA And Uptime GuaranteeAdplus.eu provides a 99.9% uptime guarantee on all Adplus.eu hardware, and 100% on network connectivity. In any given month, if your Server is down for more than 0.1%, you may request a pro-rated credit for the down-time.
Adplus.eu Managed Support BoundariesAdplus.eu managed support packs offer unlimited support, for OS and Control Panel installed by Adplus.eu and best effort support for third party applications. In case you need intensive support, custom made scripts, 3d party application integration, customization or you have special needs, please contact our sales department for quotation. Please refer to our web site at “Managed” section for more details about specific services we provide on our managed plans.
Adplus.eu acts as a sysadmin on your server but in the Managed Services are not included the following:
Third Party Application Debugging:
- - Adplus.eu does not create application and does not upgrade or maintain your applications.
- - Adplus.eu does not act as a debugger for the Subscriber applications. Although Adplus.eu may provide help on best effort basis, if the Subscriber needs an urgent escalation, he must contact the Pre-Sales department for a quotation.
Adplus.eu does not create, edit, deletes, web sites, contents, email accounts, databases or any other administrative actions. Although, Adplus.eu does not fix bugs on OS or Control Panel provided, whenever urgent security bug fixes are available will be installed ASAP, otherwise at the agreed date.
Free Professional MigrationAdplus.eu migrates for free all your website/application from another provider, with the same control panel and version used on source and destination server. Even though Adplus.eu will use the most recent version possible, depending on the source’s server versions, in some cases many man-hours will be needed depending on the websites quantity, versions of PHP, apache etc, or many others reasons. In that case Adplus.eu will contact the Subscriber and provide a quotation in the case that free migration will not be possible.
Cancellation / Suspension Of An AccountAdplus.eu reserves the right to suspend network access to any Subscriber if, in the judgment of the Adplus.eu network administrators, the subscribers server is the source or target of a violation of any of the other terms of service or for any other reason which Adplus.eu chooses. Adplus.eu will use reasonable care in notifying the Subscriber and in resolving the problem in a method resulting in the least amount of service interference. Adplus.eu reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity.
Accounts are canceled immediately after confirmation. Cancellation of service does not relieve the Subscriber of responsibility for the payment of all accrued charges.
Terms of Network UsageIf Adplus.eu assigns the Subscriber an Internet Protocol address for Subscriber use, the right to use that Internet Protocol address shall belong only to Adplus.eu, and the Subscriber shall have no right to use that Internet Protocol address except as permitted by Adplus.eu in its sole discretion in connection with the Services, during the term of this Agreement. Our allocation of IP addresses is limited by ARIN policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.
Disclosure to Law EnforcementThe Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, the Subscriber agrees that Adplus.eu may disclose any and all Subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Adplus.eu shall have the right to terminate all service set forth in this Agreement.
Liability LimitationsThe Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Adplus.eu and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Subscriber agrees that Adplus.eu shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Adplus.eu. The Subscriber further acknowledges that Adplus.eu liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the Subscriber for services during the period damages occurred. In no event shall Adplus.eu be liable for any special or consequential damages, loss or injury. Adplus.eu is not responsible for any damages your business may suffer. Adplus.eu does not make implied or written warranties for any of our services. Adplus.eu 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 Adplus.eu.
Warranty DisclaimerYou agree that your use of Adplus.eu shall be at your sole risk. All services provided by Adplus.eu are available as is, without warranty.
Money Back GuaranteeUnder specific plans there might be a statement that we can refund an amount of your payment. We do not refund specific services like, migration of web sites, servers, setup fee costs, fees for managed services and any fees concerning Control Panels licenses, Operating System Licenses and other software licenses.We may offer you free migration services. Under extenuating circumstances you may request a refund of your service, but we will charge 49euro for migrating services and return the rest according to terms above.
IndemnityAdplus.eu wishes to emphasize that in agreeing to the Adplus.eu Terms of Service, the Subscriber indemnifies Adplus.eu for any violation of the Terms of Service that results in loss to Adplus.eu or the bringing of any claim against Adplus.eu by any third-party. This means that if Adplus.eu is sued because of the Subscriber or a customer of the Subscriber activity, the Subscriber will pay any damages awarded against Adplus.eu, plus all costs and reasonable attorneys fees.
Waiver and Severability of TermsThe failure of Adplus.eu to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the partys intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Entire AgreementThe Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Adplus.eu and govern your use of Adplus.eu services, superseding any prior agreements between you and Adplus.eu for the use of Adplus.eu services.