Terms of Service for Dedicated Hosting

The following terms and conditions (these "Terms") govern the provision of the services and/or products (referred to collectively herein as "Services and Products") by LiquidNet Ltd. ("Company"), described on the Server Order Form, the Service Level Agreement and the Service Exhibit attached hereto (collectively referred to as the "Service Descriptions") and defined in any Company product support listing, to the customer ("Customer") identified in the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this "Agreement."

1. By submitting the online order form, the Customer hereby agrees to the following:
   
   
   1. The Customer agrees to pay for hosting services rendered in advance of each monthly service term.
   2. The Customer agrees to be bound by the service terms selected on the online order form or via applicable promotional codes.
   3. The Customer agrees to a no-refund policy in advance. Setup fees and monthly service fees are non-refundable.
   4. Server rental charges will be incurred immediately at signup and are prorated by 3 days to allow for server provisioning and delivery.
   5. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be settled within 5 days of notice. Customers failing to secure payment within 5 days of notice will incur service interruption and a $50 reconnection fee.
   6. The Company is not responsible for data integrity on equipment reclaimed for non-payment.
   7. The Customer agrees to adhere to the Companys Acceptable Use Policy.
   8. The Customer agrees to adhere to the Companys Data Center Rules and Procedures.
   9. The Company reserves the right to discontinue service provision to any subscriber it deems, at its sole discretion, violates any condition of service including the Acceptable Use Policy, the Data Center Rules and Procedures, and the Terms of Services.


2. Additionally, in consideration for hosting services to be delivered, the Customer agrees to be bound by the following terms:
   
   
   1. CANCELLATION & REFUND POLICY

      LiquidNet Ltd.’s dedicated server accounts are set up on a monthly prepay basis. LiquidNet Ltd. customers may cancel their account at any time, however they will not be entitled to a refund for the unused period of the prepaid month, since these services do NOT include Money Back Guarantee. Any incentives offered to customers upon sign-up will also be cancelled.

      Domain name registrations or transfers are also treated as non-refundable services and cannot be cancelled or refunded after activated upon customer request. The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.

      A table containing the regular annual prices of the domain names offered by LiquidNet Ltd. is located in section 2-b of this legal document.

      In order to cancel an account, the customer must send a support ticket to the Sales Department via their Modern Bill billing account and provide any authentication credentials requested by LiquidNet Ltd.  Any other form of cancellation request will not be accepted.

   2. SERVICE ACTIVATION AND CONTINUANCE TIMESCALES

      LiquidNet Ltd. provides services to clients on a global scale whose distribution through the Internet makes them equally accessible to everyone everywhere in the world.

      The services for newly signed up clients are activated immediately after our Sales Department gets in touch with the payer over the phone to verify the payment details (this is demanded because of the high fraud activity, spreading online). The payment verification procedure is compulsory and if we fail to approve the transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be cancelled.

      The services for existing customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the corresponding payment.

      1. Dedicated Accounts Timescale.The newly-created shared hosting accounts with LiquidNet Ltd. are valid for 1 month or 1 year. They can be renewed for another month/year that will be added to the official expiration date of the account. All other account upgrades, purchased from the web hosting Control Panel, are valid and will be functional till the final expiration date of the corresponding web hosting account.
      2. Domain Name Registration Timescale. LiquidNet Ltd. offers registration of the following TLDs (Top Level Domains), purchased together with a dedicated server or ordered separately as an upgrade from the dedicated server management account. The table below displays the minimum and maximum registration periods, as well as the regular annual prices:
         
         

         tld	MIN/MAX PERIOD OF REGISTRATION @ MIN PERIOD PRICE
         .com	1/10 years @ $8.50 USD per year
         .net	1/10 years @ $8.50 USD per year
         .org	1/10 years @ $8.50 USD per year
         .info	1/10 years @ $8.50 USD per year
         .us	1/10 years @ $8.50 USD per year
         .biz	1/10 years @ $8.50 USD per year

   
   
   3. INDEMNIFICATION

      The Customer agrees to indemnify the Company, its employees and agents (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject, and out of which Losses arise or relate to this Agreement or the Customer’s use of the Services and Products. The Customer will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such an Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such an Indemnified Party is a party.

   4. LIMITATION ON COMPANY LIABILITY

      The Company shall not be liable for any failure in the provision of the Services and Products to the Customer resulting, directly or indirectly, from any (i) weather conditions and natural disasters, (ii) action of any governmental or military authority, (iii) failure caused by the telecommunications or the Internet provider, or (iv) other force or occurrence beyond its control. THE COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY THE CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. THE COMPANY PROVIDES THE SERVICES AND PRODUCTS ON AN “AS IS” BASIS, WITHOUT A WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND THE COMPANY SHALL HAVE NO LIABILITY THEREFORE.

   5. COMPLAINTS PROCEDURE

      LiquidNet Ltd. is dedicated to providing the highest levels of customer service round the clock. If you feel dissatisfied with any aspect of our service, you are strongly encouraged to make use of our complaints procedure detailed below.

      In order to file a complaint, please send an email to complaints@duoservers.com, specifying the nature of the problem you are facing. Please provide as many details about your particular case as possible. The more we know about your situation, the more prompt and adequate our resolution will be.

      Here are the steps for addressing every single complaint:

      1. LiquidNet Ltd. will confirm receipt of your complaint in writing, confirming that the complaint will be addressed without delay. LiquidNet Ltd. reserves the right to refuse to investigate a complaint that is obviously frivolous, abusive or offensive.
      2. A LiquidNet Ltd. Customer Care representative will review your situation, look for an appropriate solution and will inform you of the timeframe within which a response should be expected.
      3. If a LiquidNet Ltd. Customer Care representative can't resolve your complaint within the pre-announced period, your complaint will be escalated to a Customer Care manager.
      4. If the LiquidNet Ltd. Customer Care manager can't resolve your complaint, it will be forwarded to the Company Director, who will investigate the case to ensure that all necessary measures have been taken and will respond in writing within two working days and reply with a solution within five working days.
      5. An alternative complaint method is submitting a fax to the following number: 510.868.6446
   
   
   6. ARBITRATION

      ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.

   7. NOTICES

      Unless otherwise specified herein, any notices or other communication required or permitted hereunder shall be sufficiently given and delivered personally or sent by a facsimile, an internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of the Customer as set forth in the Service Descriptions. Such notices or other communication shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by a facsimile, (iii) on the next business day, if sent by an internationally recognized overnight air courier or (iv) in five days’ time, if sent by first class registered mail, return receipt requested. LiquidNet Ltd., 28 Kersfield House, 11 Kersfield Road, London, GB SW15 3HJ

   8. GOVERNING LAW

      This Agreement shall be governed by and construed in accordance with the laws of the England.

   9. MISCELLANEOUS

      Failure to enforce any of the provisions of this Agreement shall in no way be considered to be a waiver of these provisions, or to affect in any way the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

   10. CUSTOMER SERVICE CONTACT DETAILS
       
       

       To get in touch with our Customer Service – please use any of the options listed below:

       1. Open a Ticket from the Web Hosting Control Panel (from section Help Center->Open New Ticket)
       
       
       2. Phone or Fax:
          US TOLL FREE PHONE: +1-800-574-0902
          INTERNATIONAL PHONE: +1-510-870-0646
          UK PHONE : +44-20-8346-5230
          AU PHONE : +61-2-8003-5987
          US FAX: +1. 510.868.6446
       
       
       3. Send us a Letter to:
          28 Kersfield House
          11 Kersfield Road
          Putney, London SW15 3HJ
          United Kingdom