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By accepting services from Planet Real, you acknowledge
your acceptance to be bound by these terms and conditions. If you do not agree to
these Terms of Service, please follow the steps described in "Cancellation of
Service" below.
Web Site Content
Our web sites may be used for lawful purposes only. While using
Planet Real services, you may have access to services that allow you
to send or post materials ("content") and make that content available to
others. You must not submit, publish, or display on our Network any
defamatory, illegal, inaccurate, abusive, obscene, infringing, or
threatening content. In addition, you may not submit, publish, or display
any content in violation of any US laws, Federal, state or local. You are
solely responsible for the content you make accessible while using
Planet Real servers and networks. You may not use the service to
assist any other person or entity to violate any Federal, State, or Local
laws, ordinances, or regulations.
Planet Real is not obligated to monitor the network for the purpose
of examining customer's content. You hereby acknowledge that if we are made aware
of content that is determined to be, in Planet Real sole discretion,
unacceptable, undesirable, offensive, indecent, obscene, excessively violent or
otherwise objectionable, Planet Real has the right, but not the
obligation, to edit, remove or deny access to such content. Planet Real
may disclose any content or records concerning customer's account as required to
satisfy any legal requirement, regulation, government request or court order.
Pornography and sex-related merchandising are expressly prohibited on Planet
Real servers. This includes implying sexual content, display of nudity,
or any link to adult content anywhere else. This is also true for sites that
promote illegal activity of any type or content that may be damaging to Planet
Real servers or any other servers on the Internet. Links to such
materials are also prohibited. In addition, the sale of or promoting bulk email
services are not allowed. Non-acceptable content or links include but are not
necessarily be limited to:
- Adult Content Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
- Pirated Software Sites (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
- Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
- Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in wilful harm to Internet sites or providers.
System Security
Customers may not use the Planet Real network to attempt in any way
to circumvent user authentication or security of any host, network, or
account. This includes, but is not limited to, accessing any data not
intended for the customer, logging into any server or account the customer
is not expressly authorized to access, password cracking, probing the
security of other networks in search of weakness, or violation of any
other organization's security policy. Customers may not attempt to
interfere or deny service to any user, host, or network. This includes,
but is not limited to, flooding, mail bombing, or other deliberate
attempts to overload or crash a host or network. Planet Real will
cooperate fully with investigations of violations of systems or network
security at other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal violations. Users
who violate system or network security may incur criminal or civil
liability.
Use of CGI Scripts
Planet Real accounts come equipped with a pre-configured CGI-Bin.
Customers are free to use any CGI-scripts provided with their account or
add any additional ones they require. If any CGI-scripts are deemed to be
adversely affecting the server performance or the network integrity, they
may be shut down without prior notice. CGI-script sharing with domains not
hosted by Planet Real is not allowed.
Internet Relay Chat
Planet Real currently prohibits its customers from operating IRC or
IRC Bots on any of our web site hosting servers. On-line Conference
Centers hosted on a separate servers are available for a monthly fee that
include IRC compatible chat rooms.
Excessive Resource Usage
Any web site that uses an excessively high amount of server resources
including but not limited to CPU time, memory, and network bandwidth will
be given an option of either upgrading their service level or reducing the
resource used to an acceptable level.
Programs Running in Background
Background programs are prohibited unless prior approval is received from
Planet Real. Planet Real will consider requests on a one for one
basis. approved, extra charges will be assessed based on resource
requirements or system maintenance.
Spamming Not Permitted
You must not use any Planet Real network, Planet Real equipment
or any Planet Real email address in connection with the transmission
of spam, flames, mail bombs, or substantially similar, unsolicited email
messages. Your domain may not be referenced as originator, intermediary,
or reply-to address in any of the above. This shall include the sending of
unsolicited mass mailings from any other service that in any way
implicates the use of the Planet Real, Planet Real
equipment or any Planet Real email address. A message is considered to
be unsolicited if it is posted in violation of a newsgroup charter or if
it is sent to a recipient who has not requested or invited the message.
Simply making one's email address accessible to the public will not
constitute a request or invitation to receive messages, for purposes of
enforcing this provision.
When any customer is found to have been engaged in spamming in violation of
this agreement, Planet Real reserves the right to disable that customer's
web site without warning. In addition, Planet Real may impose a $300
penalty for each spam policy violation. Planet Real solely reserves the
right to refuse or cancel service to spammers. Planet Real reserves the
right to determine what violates this policy. As such, any violation may result in
cancellation of services without refund. Such cancellation of services for cause,
specifically the reasons provided herein, shall automatically void the
Planet Real 30-day Money Back guarantee.
Obscenity
Violation of indecency and/or obscenity laws is not permitted on
Planet Real networks and can result in criminal penalties.
Copyrights and Infringement
Material available to you when using Planet Real services may be
subject to protection under the United States or other copyright laws, or
laws protecting trademarks, trade secrets and/or proprietary information.
Except when expressly permitted by the owner of such copyrights, you must
not use the Planet Real service in a manner that would infringe,
violate, dilute or misappropriate any such rights, with respect to any
material, that you access or receive through the Planet Real Network.
If you use a domain name in connection with the Planet Real service or
similar service, you must not use that domain name in violation of any
trademark, service mark, or similar rights of any third party.
Defamation Prohibited
Defamatory speech distributed over the Internet can result in civil
liability for the defamer.
Refusal of Service
Planet Real reserves the right at its sole discretion to refuse
or cancel service. Violation of any of Planet Real Rules and
Regulations could result in a warning, suspension, or possible account
termination. Accounts terminated due to policy violations will not be
refunded including during the 30 Day money back guarantee period.
Cancellation of Service
To cancel services, you must email the
service administrator. Cancellation of service requires 30 days notice. Include your domain or
account name(s), primary email address, and password for the web site you want to cancel. We may
also contact you for more information to confirm the identity of the account holder.
Our 30 day money back guarantee is valid 30 days from the first day of service only. This
offer is not transferable, and shall not be renewed. The 30 day guarantee becomes null and void
if a customer uses greater than 50% of their allotted bandwidth usage during their 30 day period.
This offer is valid for new customers only. This offer is not valid for reseller or custom
packaged accounts.
Merchant fees and other service charges associated with the original or refunding of the original transaction will not be refunded.
We cannot and will not accept cancellation requests over the phone.
Custom orders
Planet Real gladly accepts custom orders for a number of different services in order to fulfil our customers needs. During the custom order process, Planet Real reserves the right to calculate all charges associated with particular orders at its sole judgement. All custom orders require a valid piece of government issued photo ID in order to verify customer intent.
All custom orders are drawn under contract terms of 12 or 18 months, with a prorated cancellation fee negotiated at time of contract issue. This fee will be due by the last due date of the final invoice and must be paid in full at that time.
Planet Real to be Held Harmless
Customer agrees that it will protect, indemnify, save and hold Planet Real,
harmless from any and all stipulations, liabilities, losses, expenses and
claims, as well as reasonable attorney's fees assessed against Planet Real,
its agents, customers, officers, employees and administration that may
arise or result from any service provided or performed or agreed to be
performed or any product sold by it's customers, agents, employees or
assigns. Customer agrees to defend, indemnify and hold Planet Real,
harmless against liabilities arising out of:
- any injury to person or property caused by any products sold or distributed in association with Planet Real services;
- any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright violation and any defective products sold to a customer from Planet Real services.
Disclaimer
Planet Real will not be responsible for any damages your
business may suffer. Planet Real makes no warranties of any
kind, expressed or implied for services we provide. Planet Real
disclaims any warranty or merchantability or fitness for a particular
purpose. This includes data loss resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions of any kind caused
by Planet Real and its employees. Planet Real reserves
the right to amend or update these policies without notice. Failure to
follow any terms and conditions may result in account deactivation.
Planet Real furthermore expects that its customers who resell our
Internet services to others will fully comply with all applicable laws concerning
the privacy of on-line communications. A customer's failure to comply with those
laws will violate this policy. Finally, Planet Real wishes to emphasize that
in accepting services, customers indemnify Planet Real for the violation of
any law or Planet Real policy, that results in loss to Planet Real
or the bringing of any claim against Planet Real. This means that if Planet
Real is sued because of activities of the customer that violate any law, or
this policy, the customer will pay any damages awarded against Planet Real,
plus costs and reasonable attorneys' fees.
Should any portion of these Terms of Service be found to be in violation of
any law in any locality, then this agreement shall be deemed to be modified only to
the extent necessary to be considered legal and enforceable in such locality only.
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