You should be aware that by signing up for an account with mSolNet,
you agree to position data on our servers, thus making it accessible
to the wide public. In this sense, you accept that it is beyond
of mSolNet to restrict such access and guarantee the security
of your files. You are completely in charge of protecting your
data on mSolNet servers, which suggests that you would better
consider carefully any piece of information before uploading
it to your newly allocated mSolNet server space. It is recommendable
avoid publishing personal data that could be abused online.
The order form completion represents the electronic signing
of this document.
ENTIRE AGREEMENT; SEVERABILITY OF AGREEMENT
mSolNet shall provide its Services to You (the Customer)
under the Terms and conditions of this mSolNet Customer Agreement.
The Agreement is intended to keep the integrity of both mSolNet
and the Customer
and to protect both parties from liability. This Service Agreement
will be enforced to ensure the speed, power, performance,
and reliability of our services.
Along with the Order Form and any other documents or agreements
explicitly specified in this Agreement,
the Customer Agreement constitutes the whole act of convention
between mSolNet and the Customer,
thus being the most significant document of the newly-established
relationship. In case that a court of competent jurisdiction
considers that any of the Agreement's provisions is invalid,
unenforceable, or void,
the remaining ones will completely reserve their validity.
Customer's side of the Agreement could be presented by the
following parties: an individual with personal demands, being
over 18 years of age; a legal entity such as a corporation,
a limited liability company etc.
that is consistent with state's law system. If a person represents
the Customer for some reason, he/she should be legally authorized
to act in his/her name, thus accepting, executing and delivering
You understand and agree that the Service is provided "AS-IS"
and that mSolNet assumes no responsibility
for the timeliness, deletion, failure to deliver or store
any Customer communication or personalization settings.
mSolNet HOSTING SERVICES
1. BANDWIDTH - Each hosting plan include prepaid bandwidth.
Additional bandwidth is available. Contact sales department
for more information. This bandwidth must be prepaid before
using or otherwise the account will be suspended due overbandwidth
2. DOMAINS HOSTED - mSolNet hosting plans include domain hosting.
Each hosting plan has a limit of the domains hosted.
3. DOMAIN REGISTRATION - available at discounted price only
with purchasing web hosting account(s).
Each web hosting account can use a maximum of one discounted
domain name. Domain registrations are
final and can not be refunded.
4. DISK SPACE - Additional disk space is available. Payment
is accepted only in advance per year. Contact sales for more
5. IP ADDRESS - mSolNet hosting accounts do not include IP
address. For many customers IP address is important for starting
SSL hosts and that's why we allow purchasing IP addresses.
Payment is accepted only in advance per year. Contact sales
for more information.
6. MYSQL DATABASE(S) - is/are included in all hosting plans.Additional
MySQL databases are available. Contact sales for more information.
7. MYSQL DATABASE STORAGE - 30 MBs are included in the Business
hosting plan and 45 MBs are included
in the Corporate hosting plan. Additional MySQL database storage
is available. Contact sales for pricing.
8. SSH - not included in hosting plans, but it is available.
Contact sales for more information.
BACKGROUND OPERATIONS/PROGRAMS ON SERVERS
These programs, named cron jobs, can be continuingly run
by mSolNet in the background. Their provision suggests additional
fee in accordance with system resources used and operational
maintenance involved, if needed. Generally, mSolNet avoids
placing complementary charges upon customers, providing the
CronTab service that is integrated in the hosting Control
Panel. Optional mSolNet Services. These services, including
but not limited to: Site Studio, Mailing Lists and other services
offered are provided WITHOUT WARRANTY and WITH NO GUARANTEE
OF RESULTS. mSolNet ADDITIONAL SERVICES OR FEATURES AND
VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS"
AND "AS AVAILABLE" BASIS. mSolNet REJECTS ANY IMPLIED
WARRANTIES. ANY OF mSolNet'S EMPLOYEES, MANAGEMENT OR AFFILIATES
MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE
DAMAGES PROVOKING USE OR MISUSE
OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY mSolNet
, INCLUDING DIRECT OR
INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM
ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION
mSolNet will guarantee 99.9% mSolNet network uptime and 99.9%
network stability uptime. mSolNet will
pro-rate credits (up to 3 additional domains or up to 5 GB
bandwidth per month) for uptime below 99.9% upon request.
This, however, does not refer to problems stemming from:
- Server Hardware Breakdown
- User error(s) or purposeful interruption(s) of the user
service (e.g. if the client shuts his/her own server down,
mSolNet is not responsible for the downtime)
- Failures due to software that is not explicitly supported
by mSolNet. Consequently, if a hardware crash provoked by
the customer happens, mSolNet is beyond the control and responsibility
for the resulting downtime.
SERVER USAGE & HOSTED CONTENT
1. Server content MUST comply with the parameters stated
in this TOS. Web content requirements exclude the publication
of illegal content or content considered inappropriate otherwise.
Customers should get in touch with a mSolNet Service representative
regarding any inquiries over the matter.
2. If any of mSolNet Services are used for the illegal purpose
of SPAM or UCE, then they will be instantaneously terminated.
Unauthorized Access. mSolNet expressly bans the use of any
mSolNet hardware or software hosted on a mSolNet server for
trying to illegally access another hosted machine or network.
3. Using mSolNet temporary URL - supremeserver.com is not
defined as a bandwidth stealing. However, customers are advised
to use it temporarily and mSolNet does not bear the responsibility,
if we change it afterwards - traffic processing there is not
recommendable. It is not recommendable to use mSolNet temporary
URL- supremeserver.com as a basic URL. Users are advised to
redirect their traffic to their own domains.
Each customer will be able to take advantage of the package
he/she has purchased at the introductory
price levels and with one and the same set of features in
the course of the whole contract period. mSolNet reserves
the right to introduce certain changes to the packages (in
the shape of complementary services)
to the benefit of customers.
MONEY BACK GUARANTEE
mSolNet offers a 15-day money back guarantee. If you are
not satisfied with our hosting service, you can email billing@DuoServers.com
and receive a full refund for your hosting plan within 15
days after you purchased the account. However, all domain
registrations are final, do not include any money back
guarantee and will be subject to a $9.95 per year per domain
registration fee. You will be required to
make a deposit of $9.95 for the domain fee before receiving
the refund for the hosting account.
PAYMENT, CHARGEBACKS AND RETURNED CHECKS
1. mSolNet contracts with VISA / MASTER CARD International,
American Express Bank and Discover
Financial Services for chargeback procedures, thus avoiding
its merchant accounts involvement. When
signing up for a web hosting service with mSolNet, customers
agree to AUP (this document) and the
specified Terms & Conditions in this document. Thus, mSolNet
will utilize this document as an evidence for
the customer's agreement in cases of a chargeback inquiry
on behalf of the customer based on points that the client
tries to refute after he accepted them at the time of the
If, however, customer presents a valid motive for the refund
required, having observed the afore-specified requirements,
then mSolNet will process the money back procedures without
hesitation. Any refund actions will immediately lead to web
hosting account suspension and the customer's credit card
will be charged back with the respective sum under the same
payment order / authorization number.
2. mSolNet will charge customers with fees based on the fee
structure at the time of the sign-up process. mSolNet reserves
the right to introduce changes to the packages when needed
regarding price and set of features. This means that the current
price list at www.mSolNet.com may differ from the pricing
features of the customer's account.
3. When signing up for an account with mSolNet, the customer
agrees to pay for the period of one year
(365 days). mSolNet grants customers with 48 hours over the
official payment period. In case that the payment has not
been received, the account will be suspended.
Chargebacks are not considered as a way of refunding. Any
customer who provides a credit card
chargeback in response to a bill or order placed at mSolNet
will be subject to collections and legal action. He/she will
be charged $29.00, because when signing up with mSolNet, customers
accept these terms and conditions, thus agreeing to observe
WARRANTIES AND REPRESENTATIONS
mSolNet provides hosting services on an "as is"
and "as available" basis without warranties or
representations for its offering. The company bears no responsibility
for connection problems, in cases
when customers' hosting with mSolNet confronts with service
FREE DOMAIN NAME PROMOTION
mSolNet has a promotion and gives FREE domain names only
to new customers of web hosting accounts. However, when the
money back guarantee option is used the domain names must
be paid - $9.95 per year per domain name. Domain name owners
will receive an account username and password to manage their
domain names and they will be able to transfer the domain
name(s) at will.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the mSolNet Services, you will
not use the mSolNet Services for any purpose
that is unlawful or prohibited by these terms, conditions,
and notices. You may not attempt to gain unauthorized access
to any mSolNet Services, other accounts, computer systems
or networks connected to any mSolNet Services, through hacking,
password mining or any other means. You may not obtain or
attempt to obtain any materials or information through any
means not intentionally made available through the mSolNet
mSolNet reserves the right at all times to disclose any information
as mSolNet deems necessary to satisfy
any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to
remove any information or materials, in whole or in part,
in the sole discretion of mSolNet.
mSolNet is within the capacity to refuse service to unlawful
parties. mSolNet servers can be used explicitly
for legal purposes only and each attempt for taking indecent
advantage of the servers inconsistent with
the rules will be immediately rejected. In this light, mSolNet
expressly forbids any breach of Federal, State
or Local regulation, including, but is not limited to the
copyrighted material, material legally judged to be threatening
or obscene and material protected by trade secrets.
mSolNet management will thoroughly scrutinize any of the
received orders and decide to their own discretion which of
them do not comply with the officially stated requirements
for use of the company's servers.
mSolNet servers CANNOT be used for the propagation, distribution,
housing, processing, storing, or
handling in any way of lewd, obscene, adult OR pornographic
material, or any other material which is considered impermissible
by the company including, but not limited to - pornography,
satanic materials, and any other materials of an adult nature.
Any dealings with third parties (including advertisers) included
within the mSolNet Services or participation in promotions,
including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations
associated with such dealings or promotions, are solely between
you and the advertiser or other third party. mSolNet shall
not be responsible or liable for any part of any
such dealings or promotions.
You agree that mSolNet, in its sole discretion, may terminate
your password, account (or any part thereof)
or use of the Service, and remove and discard any Content
within the Service if you violate these terms.
mSolNet reserves the right to reject its service and terminate
this agreement for a certain period of time or indefinitely
upon customers' failure to pay. The customer then is considered
a debtor to mSolNet and liable
for reasonable interest and collection fees.
You are solely responsible for the content of your messages.
Using the mSolNet Service in connection with surveys, contests,
pyramid schemes, chain letters, junk e-mail, spamming or any
duplicative or unsolicited messages (commercial or otherwise)
In consideration of your use of the Service, you agree to:
1. Provide true, accurate, current and complete information
about yourself as prompted by the registration formo of the
2. Maintain and promptly inform us to update Registration
Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current
or incomplete, or mSolNet
has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, mSolNet has
the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion
3. When signing up for un account with mSolNet, each customer
agrees to submit correct and up-to-date contact details, meaning
that when introducing any changes to this information, he/she
is obliged to notify mSolNet in the course of a 10-business-day
period after the changes become valid. The introduction of
changes should be done online through customer's Control Panel,
not via e-mail. This requirement is also in force for mSolNet
- customers will always be aware of any contact information
changes that the company places within its website. This way,
a flawless communication process between both sides is guaranteed.
4. You will receive a password and account designation upon
completing the registration process of the Service. You are
responsible for maintaining the confidentiality of your password
and account, and you are fully responsible for all activities
that occur under your password or account. You agree to:
- immediately notify mSolNet about any unauthorized use of
your password or account or any other breach
- ensure that you exit from your account at the end of each
mSolNet cannot and will not be liable for any loss or damage
arising from your failure to comply with this.
5. Any Customer in violation of system or network security
is subject to criminal and civil liability, as well as immediate
account termination. 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, e-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 e-mail or newsgroup posting.
6. Harm to mSolNet Servers - any attempts for doing harm
to a server or customer of mSolNet Services are explicitly
- Acceptable Use of Services / Acceptable Access to Services
- mSolNet will immediately and resolutely
react to any attempt of use of an Internet account or computer
by a mSolNet customer unauthorized by the account or computer
owner. Such attempts include "Internet scamming"
(tricking other people into releasing their passwords and
etc.), password robbery, security hole scanning etc. It DOES
NOT matter whether the attacked account or computer belongs
or not to mSolNet Services, the fraud will be subject to actions
based on the very nature of the attack which could be a warning,
an account suspension or cancellation and civil
or criminal legal action.
7. CPU usage (or usage of the Central Processing Unit(s))
on the web server Customer's account is hosted
on is subject to some regulations. That means that each hosting
account can take advantage of up to 10%
of the CPU power for no longer than 180 seconds at any given
time. mSolNet strongly requires that
customers be very judicious when using the CPU power for their
accounts. Otherwise, we may suspend customer accounts in cases
of registered impact on other accounts on the server or disturbance
caused to the functioning of the server. If we do suspend
an account, then its owner will be notified of that in consistence
with the situation that this suspension may provoke. Then
the account's owner may be required to upgrade to a dedicated
or semi-dedicated web hosting solution. Possible alternative
is a required
reduction in the load and traffic that the customer's account
gets. mSolNet reserves the right to block files
or scripts that use CPU exceedingly and notify clients.
8. Customer agrees not to publish on or over its account
any information, software or other content, which violates
or infringes upon the rights of any others or which knowingly
contravenes the laws of any
jurisdiction in which such content is generally accessible.
9. Users are NOT allowed to send more than 1500 emails per
day per hosting account.
10. mSolNet does NOT allow sites that provide any content,
points of distribution, or 'links' to sites that:
- infringe on any third party's intellectual property or proprietary
rights, or rights of publicity or privacy
- violate any law, statute, ordinance or regulation
- are defamatory, trade libelous, threatening, unlawfully
harassing, abusive, pornographic or obscene
- contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs
that may damage the operation of another's computer or property
- contain Pirated or Hacking / Phreaking Software (Warez)-
Any software that is copyrighted and not freely available
for distribution without cost. ROMs, ROM Emulators and Mpeg
Layer 3 files (MP3) all fall under this jurisdiction
- have Adult Sites (content) - Any erotic or pornographic
material, links to adult sites, or advertisements of adult
CUSTOMER WEBSITE; E-COMMERCE;
1. When buying an allocated space on mSolNet servers, customers
agree to be fully responsible for the development, operation
and maintenance of their web site, online store and e-commerce
that space. Each customer is in charge of all the products
and services as well as of all contents and
materials appearing online, including:
- the accuracy and relevance of Customer Content and content
and material showcased in its store or on its products
- certainty that the Customer Content and content and materials
appearing in its store or on its products do not violate or
infringe upon the rights of any person
- certainty that the Customer Content and the content and
materials appearing in his/her store or on his/her products
are not calumnious or somehow illegal. Customer is the only
one in charge of approving, processing and filling customer
orders and of taking care of customer requests or complaints.
Customer is the one in charge of the payment or satisfaction
of any and all taxes related to his/her web site and online
2. Customer bears the responsibility for ensuring the security
and confidentiality of any customer data (including, without
limitation, customer credit card numbers) that he/she may
receive in connection with his/her web site or online store.
3. Each Customer guarantees to mSolNet that he/she owns or
possesses the right to use the Customer Content and its material,
including all text, graphics, sound, music, video, programming,
scripts and applets. Each Customer warrants to mSolNet that
the use, reproduction, propagation and transmission of the
Customer Content and any information and materials contained
inside do not, and will not:
- infringe or abuse any copyright, patent, trademark, trade
secret or any other proprietary right of a third party
- break any criminal laws or manifest false advertising, unfair
competition, vilification, privacy intrusion; violate a right
of publicity or violate any other law or regulation. Each
Customer empowers mSolNet to reproduce, copy, use and propagate
all and any part of the Customer Content for ensuring and
operating the Services. mSolNet is granted the right to assess
the extent these operations need to be done.
Any case of indecent treatment towards a mSolNet employee
will be considered inappropriate. Each
Customer is anticipated to conduct a professionally mannered
communication with mSolNet employees regarding any requests
for help through e-mail or by means of the Ticket Desk Support
System. Each Customer should avoid applying any forms of written
emotional outburst or cursing. Any attempts of deliberately
undermining behavior will be interpreted as a breach of this
Other acts of treatment towards mSolNet employees that will
be considered as unacceptable include any verbal, oral, written
or delivered by a second party threats addressing mSolNet
or any of its employees, partners, equipment, and concerns.
Any forms of such threats will be interpreted as a breach
of this TOS. mSolNet keeps the right to assess which behaviour
will be treated as a breach of this TOS and to give no refunds
to the users whose accounts have been suspended for violating
the aforementioned rules.
SPAMMING IS PROHIBITED
We will determine in our sole discretion whether any of the
messages you send are spam. For your information, spamming
generally includes, but is not limited to:
- the sending of unsolicited messages in bulk, or the sending
of unsolicited e-mails, which provoke complaints from recipients
- the sending of junk mail
- the use of distribution lists that include people who have
not given specific permission to be included in
such a distribution process
- posting commercial ads to USENET newsgroups that do not
- posting articles containing binary encoded data to non-binary
- excessive and repeated posting of off-topic messages to
- excessive and repeated cross-posting
- e-mail harassment of another Internet Customer or Customers,
including but not limited to, transmitting
any threatening, libelous or obscene material, or material
of any nature which could be deemed to be offensive
- the e-mailing of age-inappropriate communications or content
to anyone under the age of 18
- "Spamming" is considered as explicit misuse of
ethical principles and will be interpreted as a violation
- The maximum number of allowed e-mail messages sent per day
is 1500. There are no exceptions to this
rule. Every customer who is sending more than 1500 e-mail
messages per day needs a dedicated server and cannot use a
shared hosting account.
Forward Looking Statements: these refer to any predications
within this website that are not based on objective facts
and express expectations with regard to forthcoming events.
Such statements cannot be treated as reality-based because
it is possible that they happen to deviate from actual circumstances.
Forward Looking Statements can be recognized by the availability
of indicative words such as "believes", anticipates,"
"plans," "may," "hopes," "can,"
"will," "expects," "is designed to,"
"with the intent," "potential". However,
their availability is not a compulsory requirement for a forward-looking
statement to be treated as such.
FORCE MAJEURE CIRCUMSTANCES
mSolNet will be in an off-liability position as regards the
failure or delay in doing its professional duties in consequence
of circumstances beyond its control. Such circumstances could
be provoked by acts of any governmental body, war, rebellion,
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 provisioning of the Services.
This agreement constitutes the whole act of convention between
the parties with regard to the agreement signed between them.
It is not subject to any amendments, modifications, or any
other alterations with the exception of changes introduced
through a written instrument that is signed by the party to
- This Agreement shall be interpreted in consistence with
the laws of the State of Florida.
- This Agreement shall be in force and effect entirely to
the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and
assigns. - The captions and headings contained
in this TOS are aimed at facilitating the text comprehension.
They are not a part of the very Agreement,
and shall not limit or construe the provision they refer to.
- This Agreement may be executed in
counterparts, which will be considered as original.
Copyrighted material must not be placed on Customers' accounts
without the permission of the copyright owners or people that
are specifically authorized by the copyright owners. Only
copyright owners or people specifically authorized by them
may upload copyrighted material to the account.
Upon our receipt of a notice of a claimed copyright infringement
containing the above information, after confirmation we will
promptly remove the allegedly infringing material from the
Services and carry out
further procedures if necessary. We will assume no liability
to any Customer of the Services for the removal of any such
Please report any violations of the Terms of Service to abuse@DuoServers.com
Customer shall not have the right to assign this Agreement
without the written permission of mSolNet. This Agreement
shall be in force and effect to the total benefit of Customer
and mSolNet and their successors
and permitted assigns.