When you request your new service, is needed to always agreed with this terms of service, if you sent your new service form that means you agreed with this terms.
Terms and Conditions of Service (TOS)
- Customer agrees to pay for hosting services in advance of each service term.
- Customer agrees to a no-refund policy. Service fees are non-refundable. The service will be closed when the paid time ends.
- Our services charges will be incurred immediately at signup.
- Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 days of notice.
- Service Cancellations must be submitted using the cancellation form at least 2 working days before your next billing cycle.
- If you decide to cancel the service before the first month you have to pay a set up fee (1 month of service) for the work needed to build your account.
- Elitepalaces is not responsible for data integrity on accounts reclaimed for non-payment.
- Signing up, customer agrees to the Company Acceptable Use Policy and procedures.
- Customer agrees not to engage in activity that violates federal (United States), or international laws applicable to the service terms described in this document.
- Elitepalaces reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, Data Center, Servers, Company Rules and Procedures, and Terms of Services.
- ElitePalaces Costumers are responsable of keeping updated backups on them own computers of data including pserver.pat file, media and avatars(need to be saved in a prop bag). ElitePalaces will always care for keeping working backups of our Customers data but is not responsable for any data loss.
Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:
Customer agrees to indemnify and hold harmless Elitepalaces and the employees and agents of Elitepalaces (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 which Losses arise out of, or relate to this Agreement or Customer's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorney's fees incurred by such Indemnified Party in connection with investigating, efending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
- Limitation on Elitepalaces Liability.
Elitepalaces shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (a) weather conditions or natural disasters. (b) action of any governmental or military authority, (c) failure caused by telecommunication or other Internet provider, or (d) other force or occurrence beyond it's control.
ELITEPALACES SHALL NOT BE LIABLE FOR (a) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE ELITEPALACE'S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (b) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
Unless otherwise specified here, any notices or other communications required or permitted here under shall be sufficiently given if in our status blog or writing and delivered personally or sent to the registered email, to the address of Customer as set forth in the Service Descriptions or Company as set forth below.
- Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of USA, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect here or the failure to exercise any option provided shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect 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.
Acceptable Use Policy (AUP)
VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES CUSTOMER RECEIVES FROM Elitepalaces.
Any questions or comments regarding the AUP should be directed to firstname.lastname@example.org.
- Compliance with Law.
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (a) is in violation of any local, state, federal or non-United States law or regulation, (b) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (c) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
- Customer Security Obligation.
Each Customer must use reasonable care in keeping each account attached to Elitepalaces infrastructure up-to-date and patched with the latest security updates. Failure to use reasonable care to protect a server may result in a security compromise by outside sources. Elitepalaces is not responsible for Customer server level security unless a security administration package, firewall security administration package or fully managed operating system package is contracted for and maintained. A compromised account creating network interference will result in immediate Customer notification and will be disconnected from the network immediately so as to not directly affect other Customers. No service credits will be issued for outages resulting from disconnection due directly to breached server security. The Customer is solely responsible for any breaches of security affecting servers under Customer control, including repairing the system, terminating the account(s) of the abusive user(s), and reporting occurrence of the issue to email@example.com. If a Customer intentionally creates a security breach, the cost to resolve any damage to Customer's server or other servers will be charged directly to the Customer. The labor used to resolve such damage is categorized as emergency security breach recovery and is charged per hour.
- System and Network Security.
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Elitepalaces investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
- Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
- Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
- Executing any form of network activity that will intercept data not intended for the Customer's server.
- Circumventing user authentication or security of any host, network or account, including: cracking.
- Interfering with or denying service to any user, host, or network other than the Customer's host (example: denial of service attack or distributed denial of service attack).
- Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (spoofing) or other identification information.
- Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
- Failing to comply with the Elitepalaces procedure relating to the activities of Customers on the Elitepalaces premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as emergency security breach recovery and is charged per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.
- Internet Etiquette.
Each Customer is expected execute reasonable Internet etiquette (Netiquette), the accepted behavior and expectations of the Internet community. The Customer will comply with the rules appropriate to any network to which Elitepalaces may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against Elitepalaces by offended users. Elitepalaces reserves the right to refuse or terminate service at any time for violation of this section.
- Adult Material Policy.
Elitepalaces has a zero tolerance policy on pornography that violates local, state, federal, or international law. This includes, but is not limited to, child pornography, rape, incest, bestiality and others not allowed by law. Elitepalaces does not seek to abridge any users rights, but we uphold any and all laws applicable to the content of sites hosted on our servers and/or network.
Elitepalaces reserves the right to deny service without cause for sites with adult content that we deem violates local, state, or federal law.
Elitepalaces will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients and guests over Elitepalaces network, and will be liable for illegal material posted by their clients, staff and/or guest.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act should be reported to the U.S. Customs Agency at 1-800-BEALERT.
- Streaming, Content Hosting & Licensing
ElitePalaces does not actively monitor stream contents and all content broadcast is the sole responsibility of the client.
We do not provide any form of legal cover to individuals or companys who utilize our services to distribute content with any copyright protection. Under no circumstances will ElitePalaces be responsible for the behaviour of our clients or their users when found to be broadcasting protected content. All licensing, copyright and royalty issues are the sole responsibility of the individual clients and/or their production entities.
Our Radio Broadcast web panel have a tool where each client can enable and monitor in case the content broadcasted by them needs to pay some way of royalty.
- Copyright Infringement.
Elitepalaces infrastructure including network, leased hardware may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States 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; including creating, utilizing, distributing unauthorized copies of software, or the use of BitTorrent or other types of technologies utilized in the distribution of illegally copied materials. If Customer copies, distributes or installs software in defiance of the license agreement, Customer is violating federal copyright law. Elitepalaces will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our network.
Repeated violations of Elitepalaces Copyright Infringement Policy could result in permanent suspension of customer's account.
- Hosting Policy.
Data Unlawful or Against the AUP: Promoting violation of the law or the AUP by hosting data that facilitates the violation is prohibited, including but not limited to:
- Hosting web pages. chats or anything that detail the methodology of committing unlawful acts, or acts violating this AUP.
- Hosting software, scripts, or other resources intended to facilitate committing unlawful acts, or acts violating this AUP.
- Advertising, transmitting, storing, or using any software, script, program, product, or service designed to violate this AUP.
- Harvesting. The collection of email addresses, credit card information, or other personal information for fraudulent use or sale is prohibited.
- Phishing. Hosting web pages, chats, or anything with forwards to, containing scripts or executables for, or any other component of an operation designed to fraudulently collect authentication, credit card, names, addresses, or any other personal data (phishing) is not permitted.
- Post in web sites, chats, forums or anything with forwards to, containing chat logs, pictures, ip's or any other personal information is not permitted.
- Spamvertised Sites. Hosting web pages, chats or anything advertised by spam sent from another network (spamvertised) is not permitted.
- Email Policy.
- Email Spam. Elitepalaces has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially 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 or invited the message. UCE 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 Company whether or not the message actually originated from our network.
- Block Removal. If Customer actions have caused Elitepalaces mail servers or Elitepalaces IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, Customer will be assessed a $100 charge to Customer account and $100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
- Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
- Header Forgery: Forgery of email headers (spoofing) is prohibited.
- Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
- Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.
- Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer.
- Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Company upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.
- Mailing Lists: Company's mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
- Fraud Policy
By agreeing to this AUP, Customer affirms that the contact and payment information provided to Elitepalaces identifies Customer and that Customer is authorized to use the payment method. Commitment of fraud, obtaining services, or attempting to obtain services by any means or device with intent to avoid payment is prohibited.
- Subdomain change Policy
ElitePalaces will change a subdomain address only for accounts that are up2date on payments and after at least 1 month of service.
Customer accepts and understand that all accounts include only 1 free subdomain change, and that subdomain changes are per account, after the first subdomain change that is free, the Customer need to pay a small fee for the next changes.
- Reseller Policy
Resellers are responsible for the conduct of their Customers and by agreeing with this AUP, agree that their Customers will adhere to the AUP. Resellers should make their perspective Customers aware of the AUP and the consequences for violation.
- Suspension and Cancellation
Elitepalaces will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Elitepalaces reserves the sole right to suspend service to any Customer located in our network for violation of the AUP without notice. Elitepalaces reserves the right to terminate service without notice for any violations of the AUP.
Violations of the AUP will result in the following:
A warning notification via email with 72 hours notice for resolution.
72 hours is the standard notification; situations involving law enforcement, phishing, fraud, password harvesting, network interference, Denial or Disruption of service, or other malicious activity can reduce the notification time frame.
Failure to resolve the AUP violation within 72 hours will result in the following:
- Removal of the violating content or service
- Removal of DNS for the service
- Temporary shutdown of the service
- Block on outgoing mail
- IP address routing to null
- Repeat violation of the above terms will result in the immediate disconnection of service with no re-activation.
You are responsible for the security of your panel and ftp Customer ID and passwords. Make sure you keep them in a safe place and do not share them with others. You should take this precaution even if you are not using a public computer, such as at a library or internet cafe, but even when using your private computer in your home.
Elitepalaces is committed to respecting and protecting the privacy of visitors to our web sites as well as the privacy of our actual customers. For visitors, we had structured our web sites so that, in general, you can visit us on the web without identifying yourself or revealing any personal information. For customers, once you choose to provide us personally identifiable information, you can be assured that it will only be used to support your customer relationship with Elitepalaces.
- Information We Collect from Visitors
- Privacy of Clients
Elitepalaces is committed to developing long-lasting relationships based on trust. In furtherance of this goal, Elitepalaces will do everything in its power to ensure that your right to privacy is maintained and protected.
- Information We Collect from Clients
Elitepalaces may request or collect personal information from online users in a variety of ways, including through online forms for ordering products and services, and other instances where users are invited to volunteer such information.
- Log Files
Like most standard websites, we use log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. However, none of the information stored in our log files, including but not limited to IP addresses, is linked to personally identifiable information.
- Legal Disclaimer
Though we make every effort to preserve your privacy, we may need to disclose personal information when required by law, if we have a good-faith belief that such action is necessary and required to comply with a current judicial proceeding, a court order or legal process served on Elitepalaces.
- Palace Hosting Logs
Each palace hosting client will store logs with information about them visitors, including date, time, IP and in some cases, to what chat room they move and if they are moderators (owners, gods or wizards) the logs will store each movement they do in author mode, Each Palace hosting owner have the responsability to keep that information private.