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Marketplace Plus
Terms of Service & Terms and
Conditions
Last modified: January 1, 2008
Web Hosting
Our Virtual Server
Acceptable Uses Policy (VSAUP) exists for the collective benefit of all of
our clients. We have implemented these rules as a measure to protect us from
unwanted activities and in order to provide our clients with the most reliable
and best overall hosting services and features possible. Our Virtual Server
Acceptable Uses Policy is only a portion of our Contract for Virtual Server
which you agreed to when you opened your account with us. We ask that as a
client you please respect and follow our Virtual Server Acceptable Uses Policy
and our Contract for Virtual Servers.
We do not have the resources to police thousands of websites 24 hours a day, but
if we do find that your website is in violation of our AUP or Contract, we
reserve the right to terminate your account without notice, solely at our discretion.
Clients who follow our simple policies will never encounter any problems with
their service.
If after reading through our Acceptable Uses Policy you need
clarification on any part of the terms, please feel free to e-mail us
so we can clear-up any questions you have.
Restricted Content
Marketplace Plus
forbids websites with adult graphic content (softcore and/or hardcore),
including, but not limited to, banners advertising any adult website(s), child
pornography, and distribution of adult website passwords. Client's whose
accounts are found in violation of this policy may, at the discretion of Marketplace Plus,
have their account(s) terminated without notice and are subject to a maximum
clean-up/disconnect fee.
Client's whose website promotes activities that violate federal, state, local
laws and/or violation of U.S. export restrictions are also not welcome at Marketplace Plus. This includes "warez" sites (freely distributing copyright
programs), or sites promoting hacking and/or cracking programs. Client's whose
accounts are found in violation of this policy may, at the discretion of Marketplace Plus,
have their account(s) terminated without notice and are subject to a maximum
clean-up/disconnection fee. Additionally, Marketplace Plus may contact the Software
Piracy Association ("SPA") and release any information in connection
with any illegal activities relating to software piracy on the Client's account.
IRC Bots, or any other automaton programs written in C, Perl or IRC-script used
specifically in conjunction with IRC are not allowed. These programs tie up
system resources and are in no way related to maintaining a website. Clients are
not allowed to have any programs, including but not limited to, Eggdrop, or any
other IRC-related programs, within their account. Client agrees not to upload
the tar file for any of these programs or to execute them within their account.
Violation of this policy may, at the discretion of Marketplace Plus, result in the Client's account(s) being terminated without notice and a
maximum clean-up/disconnect fee of .
Simply put, we ask that you use your account for the purposes of hosting a
non-adult oriented, legal website.
E-mail/Spam Policy
Spamming is the sending of unsolicited
e-mail, regardless of size or volume, to persons the sender does not
know or have prior consent to send the message to. Using fictitious
e-mail addresses @MarketplacePlus.com or any domain name is strictly forbidden.
Spamming also includes sending unsolicited advertisements to numerous
email addresses or newsgroups and/or generating a significantly higher
volume of outgoing email than a normal user. A violation of this policy
extends to clients who send unsolicited e-mail from a domain name not
affiliated or hosted with Marketplace Plus but the mail message makes mention of
a website hosted with Marketplace Plus.
Marketplace Plus allows clients to send mailings to subscribers of their own
mailing list. Such mailings must have explicit instructions to the
recipient on how to remove his/her name from the list, and all requests
to do so must be honored immediately. Client agrees not to send mailings
to lists provided by an outside agency or individual. Client further
agrees not to provide mailing list services to others. Due to the nature
of a shared-server environment, Marketplace Plus requests that mailing lists be
sent during non-peak hours, specifically between the hours of 1:00 am
and 5:00 am, Central Time. Marketplace Plus reserves the right to terminate a
client's mailing program, whether provided by Marketplace Plus or not,
immediately and without notification to client if said list causes a
problem with the e-mail services of other clients. Marketplace Plus also reserves
the right to forbid a client from utilizing any mail-sending program
that jeopardizes the mail services of other clients.
Due to the consumption of system resources and overloading of the e-mail
server, Marketplace Plus forbids the use of the Gossamer Links program by any
client.
Trolling, the posting of outrageous messages to generate numerous
responses, is also not allowed. Mailbombing, the sending of multiple
messages without significant new content to the same user and/or
subscribing someone else to a mailing list without that person's
permission, cross-posting articles to an excessive number of newsgroups,
or attempting without authorization to enter into a secured computer
system is strictly forbidden. Marketplace Plus reserves the right to determine
what constitutes abuse of this policy. Clients whose accounts are found
in violation of this policy may, at the discretion of Marketplace Plus, have
their account(s) terminated without notice and are subject to a maximum
clean-up/disconnection fee. |
Websites found in violation of this policy are
subject account termination without notice.
Copyrighted Material
It is the responsibility of the client to
ensure that all information within their account is their own work. Due
to distribution rights of shareware programs, clients may not distribute
freeware software programs unless the programs are their own work.
Copyrighted materials include art, music and other works. MP3 is a
popular file format for encoding music. While we do not ban MP3s, we do
ask that any MP3s you have on your website are not in violation of any
copyrights. Copyrighted music, in any format, cannot be placed within
client's account. Clients agree to indemnify Marketplace Plus of any possible
litigation involving trademark or copyrighted materials. The best rule
to follow is not to copy work from someone else unless you have been
granted permission to use these materials on your website.
Client agrees not to modify any copyright notices in features (Perl
programs, etc.) provided by Marketplace Plus. Modification of scripts provided by
Marketplace Plus without written permission is strictly prohibited. |
Websites found in violation of this policy are
subject account termination without notice.
Excessive CPU Run Time/RAM
Usage
Client agrees to take all responsibility
for all programs including CGI scripts executed under their account.
Programs that consume an excessive amount of CPU run time or Random
Access Memory (RAM) are not permitted. Client agrees and understands
that such excessive use can have an adverse effect on the performance of
the webserver. Client agrees to accept responsibility for programs
executed under his/her account, regardless of who authored the program.
The use of cgi or html chat scripts or pages is strictly prohibited. Marketplace Plus reserves the right to suspend accounts without notice to
clients who violate these terms. Marketplace Plus has sole discretion over what
constitutes excessive usage.
Programs provided by Marketplace Plus as an installable feature are not exempt
from this policy. While every efforts is made on Marketplace Plus
Staff's end to ensure
the program it provides are efficient, problems with excessive usage on
particular programs may occur.
To limit possible Excessive CPU/RAM
usage, clients are not allowed to resell portions of their web site to
third parties.
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Resold (Partner Sold) Accounts
| Resellers (Partners) are also bound by this agreement and must ensure
that all their clients follow the terms of this agreement. Any reseller
found to repeatedly violate terms of an agreement may loose their
reseller status. Any reseller that looses their reseller status loose
all rights to clients to Marketplace Plus. The reseller understands that
all clients are clients of Marketplace Plus and the client has the right
to contact Marketplace Plus for emergency service (reporting server
related issues) or if there is a dispute between them and the reseller.
If requested by the client, an account can become fully an account of
Marketplace Plus and no longer part of the reseller's clients. As long
as the client is a resold account, the reseller is obligated to offer
full support. Repeated contact of Marketplace Plus from resold account
clients that are deemed not emergency service is in breach of this
contract and the reseller may loose their reseller status. Marketplace
Plus is not responsible for accounts paid in full to the reseller but
the reseller has failed to make payment to Marketplace Plus. Marketplace
Plus has no obligation to honor features, rates, terms, discounts or
refunds to clients that the reseller has offered - this is the
obligation of the reseller. Clients can report problems the may be
having with a reseller to Support@MarketplacePlus.com. |
Domain Names
| All domains purchased/transferred
through/to Marketplace Plus is property of Marketplace Plus. Client has
right to transfer domain to another registrar at any time as long as
domain and account is current in payment and in good standing. Transfer must be
completed before the term for the domain is up. Thirty (30) days is
recommended to transfer a domain. If a domain falls under dispute,
Marketplace Plus can revoke a clients rights if law show dispute in
favor of other than the client. Marketplace Plus also can revoke a
clients rights to a domain if illegal activates involve directly or
indirectly that domain. Client has a responsibility to make payment in
full before the next annual term of their domain. Domains not current in
payment face a $300 fee to renew or transfer. Fees and rates are subject
to change.
For domains not purchased/transferred
through/to Marketplace Plus, the client must keep Marketplace Plus
informed of current registrar, and allow access to make modifications to
DNS entries of their domains.
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Billing Procedures
| Client agrees to take responsibility
for making payment on time. Most accounts on Marketplace Plus are billed
once every three (3) months and are due fifteen (15) days in advance of that
upcoming term. Accounts billed monthly still require 15 day advance
payment. Full Payment (Term of service and additional
fees) not received by that date may incur a late fee. If full payment
due is not received before the term, the client's account is suspended and a late fee
is required. If an account doesn't make full payment with late fees and
other fees by fifteen (15) days after term, account will be canceled and all account data (www, e-mail, stats., ect.) will
be deleted and unrecoverable.
As a courtesy to Marketplace Plus's
clients, an e-mail and/or fax and/or mail and/or call reminder is sent before next payment is due, when
payment is late, and when account is suspended.
Marketplace Plus is not obligated to contact client for these reminders.
Clients are asked to keep up with payment schedule.
Marketplace Plus may change its prices from time to time.
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Limitations of Information
| Your use of and reliance upon any and all
information, included but not limited to Marketplace Plus content,
affiliate content, and public content, provided by Marketplace Plus
through the Marketplace Plus web sites, including clients of Marketplace
Plus, from now on called Marketplace Plus is at your sole risk. Such
information is provided on an "as is" and "as
available" basis. Marketplace Plus makes no express or implied
representations, warranties, or guarantees with regard to the
appropriateness, accuracy, sufficiency, correctness, veracity, value,
completeness, or timeliness of such information. Marketplace Plus
expressly disclaims all warranties of any kind, whether express or
implied, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose and non-infringement.
Marketplace Plus shall have no liability to you or any other user of
such information or to any third party for any loss, expense, or damage,
including consequential, incidental, special or punitive damages and
including lost profits or lost revenue, caused directly or indirectly by
the use or reliance upon such information. Any material downloaded or
otherwise obtained through the use of Marketplace Plus is done at your
own discretion and risk and you will be solely responsible for any
damage to your computer system or loss of data that results from the
download of any such material. |
Our Mailing List
| All clients of Marketplace Plus, paying
services and free services, agree to receive newsletters, updates, product
promotions, questioners, bills, and other e-mails from Marketplace Plus.
Our mailing list will not be sold or shared with any other company not
related to Marketplace Plus. Your e-mail will remain on our mailing list
for 90 days after terminating all accounts with Marketplace Plus. |
Account Cancellations
| Different service have different
cancellation requirements. To be sure to cancel any account, a 45 day
notice is recommended. Marketplace Plus is not responsible for not
receiving your request. You will receive a notice via e-mail and/or phone that
Marketplace Plus received your cancellation request. If you don't receive
notice after a few days of your request, please resubmit your request
ASAP. |
Marketplace Plus
reserves the right to modify the Contract
for Virtual Servers and the Virtual Server Acceptable Uses Policy at any time. Renewal of
any service for another term with Marketplace Plus
constitutes acceptance to all modifications of the contract and Acceptable Uses
Policy. Marketplace Plus may cancel any account for any reason at any time.
Following the terms and conditions will keep client's account in good standing
with Marketplace Plus.
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Terms
and Conditions
Website Development Services on Third Party Servers
Last modified: January 1, 2008
Restricted
Content
Marketplace
Plus forbids websites with adult graphic content (softcore and/or hardcore),
including, but not limited to, banners advertising any adult website(s), child
pornography, and distribution of adult website passwords.
Client's whose website promotes activities that violate
federal, state, local laws and/or violation of U.S. export restrictions are also
not welcome at Marketplace Plus. This includes "warez" sites (freely
distributing copyright programs), or sites promoting hacking and/or cracking
programs.
Spam Policy
Spamming is the sending of
unsolicited e-mail, regardless of size or volume, to persons the sender does not
know or have prior consent to send the message to. Using fictitious e-mail
addresses @MarketplacePlus.com or any domain name is strictly forbidden.
Spamming also includes sending unsolicited advertisements to numerous email
addresses or newsgroups and/or generating a significantly higher volume of
outgoing email than a normal user. A violation of this policy extends to clients
who send unsolicited e-mail from a domain name not affiliated or hosted with
Marketplace Plus but the mail message makes mention of a website hosted or
designed by Marketplace Plus. Marketplace Plus will not develop any site that
takes part in sending spam.
Copyrighted Material
It is the responsibility of the
client to ensure that all information supplied to Marketplace Plus is their own
work. Due to distribution rights of shareware programs, clients may not
distribute freeware software programs unless the programs are their own work.
Copyrighted materials include art, music and other works. MP3 is a popular file
format for encoding music. While we do not ban MP3s, we do ask that any MP3s you
have on your website are not in violation of any copyrights. Copyrighted music,
in any format, cannot be placed within client's account. Clients agree to
indemnify Marketplace Plus of any possible litigation involving trademark or
copyrighted materials. The best rule to follow is not to copy work from someone
else unless you have been granted permission to use these materials on your
website.
Layout, coding, and media supplies by Marketplace Plus is copyright. Client
agrees not to modify any copyright features and notices within those features
(code, layout, graphics, etc.) provided by Marketplace Plus. Modification of
features provided by Marketplace Plus without written permission is strictly
prohibited. Websites must contain Marketplace Plus logo, including Marketplace
Plus name and our slogan and the phrase “Copyright year, Marketplace Plus and
it's licensors”, and be link to MarketplacePlus.com on every page.
Code, layout, graphics, ect.
supplied by Marketplace Plus can not be sold or given away. No part of
Marketplace Plus copyright material can be used by another designer. Client must
supply Marketplace Plus full ftp and mysql access or cpanel access to content at
all times and must remain an active client of Marketplace Plus website
development.
Compatibility and Technical
Support
Clients that choose to host with a
third party web hosting provider also agree to the following: Pages will be
developed on Marketplace Plus servers and sections will not be released to the
hosting service until that section has been paid for in full. Sections released
will be made available for download by ftp. Marketplace Plus will charge hourly
rate to upload sites onto third party host servers. Marketplace Plus is not
responsible for Compatibility on third party servers and no refunds will be
supplied, and any support and corrections made to make compatible is charged
hourly. Additional charges are not refundable even if issue is not resolved by
Marketplace Plus. Marketplace Plus may refuse to offer tech support when it
relates to a third party host provider for various reasons at anytime.
Termination of this agreement requires all content developed or supplied by
Marketplace Plus to be permanently removed from all other third party host
providers.
Billing Procedures
Web development clients will be
billed every week or every $200 which ever is sooner. Payment must be
received within one week or services will pause until payment has been received
unless noted else wise by Marketplace Plus. Marketplace Plus charges per hour
and the hourly rate will be made available prior to the service being preformed.
Marketplace Plus may change the hourly rate at anytime with prior notice on rate
increases. Rate decreases or temporary discounts may not come with prior notice.
Clients not hosting with Marketplace Plus may be required to pay an additional
fee to the hourly rate.
Limitations of Liability
Clients are fully responsible for
content on their websites. Any information discovered that is not accurate or
incorrect, or other that may cause liability to your company that needs to be
corrected must be reported to Marketplace Plus ASAP. Because Marketplace Plus
does not accept liability, another website developer is authorized by this
contract to make these changes if the issues needs immediate correction that
Marketplace Plus can not supply in a timely fashion.
Limitations of Information
Your , and visitors to your
website, use of and reliance upon any and all information, included but not
limited to Marketplace Plus content, affiliate content, and public content,
provided by Marketplace Plus through the Marketplace Plus web sites, including
clients of Marketplace Plus, from now on called Marketplace Plus is at your sole
risk. Such information is provided on an "as is" and "as available" basis.
Marketplace Plus makes no express or implied representations, warranties, or
guarantees with regard to the appropriateness, accuracy, sufficiency,
correctness, veracity, value, completeness, or timeliness of such information.
Marketplace Plus expressly disclaims all warranties of any kind, whether express
or implied, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose and non-infringement.
Marketplace Plus shall have no liability to you or any other user of such
information or to any third party for any loss, expense, or damage, including
consequential, incidental, special or punitive damages and including lost
profits or lost revenue, caused directly or indirectly by the use or reliance
upon such information. Any material downloaded or otherwise obtained through the
use of Marketplace Plus is done at your own discretion and risk and you will be
solely responsible for any damage to your computer system or loss of data that
results from the download of any such material.
Our Mailing List
All clients of Marketplace Plus,
paying services and free services, agree to receive newsletters, updates,
product promotions, questioners, bills, and other e-mails from Marketplace Plus.
Our mailing list will not be sold or shared with any other company not related
to Marketplace Plus. Your e-mail will remain on our mailing list for 90 days
after terminating all accounts with Marketplace Plus.
Updates to the Terms of
Service
Marketplace Plus
reserves the right to modify the Terms of Service at any time. Updates to terms
of service will be made available on
www.MarketplacePlus.com.
Payment made on any invoice to Marketplace Plus constitutes acceptance to all
modifications of the contract and Acceptable Uses Policy. Marketplace Plus may
cancel any account for any reason at any time. Following the terms and
conditions will keep client's account in good standing with Marketplace Plus.
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Marketplace
Plus
