MarbleHost.com
Terms Of Service 

The Service that is subject to the following agreement is provided by MarbleHost.com in association with LiquidNet Ltd., a company registered in the United Kingdom, registration No. 4654498. MarbleHost.com and LiquidNet Ltd. will be referred to as MarbleHost.com for the sake of brevity in this document.

As a Customer of our Services, you need to be aware that, when signing up for an account with MarbleHost.com, you accept and agree to abide by our Web Hosting Terms of Service (this document) and our Acceptable Use Policy (AUP). The Order Form completion of the Service represents the electronic signing of these two documents.

As a Customer of our Services, you understand and agree also that it is beyond the power of MarbleHost.com to restrict any public access to the data that you position on our servers and guarantee the security of your files. In this respect, you accept that it is your obligation to protect all the information that you make available to the wide internet public through our web hosting network and assume all responsibility for unveiling online personal data that could be abused.

ENTIRE AGREEMENT; SERVICE AGREEMENT

These Web Hosting Terms of Service, together with our Acceptable Use Policy and the Domain Name Registration Agreement, constitute the whole act of convention between You - the Customer, and MarbleHost.com. MarbleHost.com shall provide its Services to You under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to clarify all aspects, rules and provisions of the business relationship between You - the Customer, and MarbleHost.com. It is also intended to keep the integrity of this relationship and protect both parties from liability. This Service Agreement will be enforced, if/when necessary, in order to be guaranteed the speed, power, performance, and reliability of our services.

In the event that a court of competent jurisdiction declares any of the Agreement's provisions invalid, unenforceable, or void, the remaining provisions will entirely preserve their validity. Customer's side of the Agreement can be presented by any of the following parties: an individual over 18 years of age; a legal entity, such as a corporation, a limited liability company, etc. If a person represents the Customer, for some reason, he/or she must be legally authorized to act on his behalf, thus accepting, executing and delivering the Agreement.  

This agreement shall be interpreted in consistence with the laws of the State of Florida, US, and shall serve to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.

MarbleHost.com HOSTING SERVICES

A web hosting service is a type of Internet service that offers individuals and organizations/companies the resources to host their own web sites and store information, images, video, and other content accessible via the World Wide Web. A Storage Service Provider (SSP) is a company that provides computer storage space and related management services. SSPs offer also periodic backup and archiving.  

MarbleHost.com offers only web hosting services, not data storage services. A web hosting service consists of the following:  

SERVICE FEATURES

Disk Space - We use a clustered storage technology. This means that the storage resources of a hosting plan purchased from us are not confined to a single server, but are distributed between multiple machines. This way optimal performance is guaranteed and higher server stability. It also ensures that you will be able to avail of all the storage quota that has been assigned to your particular account. Additional disk space is available as an upgrade option. Payment is accepted only in advance per year. Contact sales for more information.

Traffic - Each hosting plan includes prepaid monthly traffic in Megabytes. This traffic quota is shared between all sites hosted in a single account. In case that a hosting account exceeds its allowed traffic quota, it will be suspended until the beginning of next month when the quota will refresh automatically. Additional traffic is available as upgrade. Contact sales for more information.

Hosted Domains - MarbleHost.com's hosting plans include domain hosting. Each hosting plan allows a particular number of domains that can be hosted.

Domain Registration/Transfer - available at regular or a discounted price (depending on the chosen TLD) with the purchasing of a web hosting account. Each account can host a maximum of one discounted domain name. Domain registrations are final and are not subject to refund. More information regarding domain names can be found further in this TOS (Terms of Service), in our Domain Name Registration Agreement and in the Domain Name Dispute Resolution Policy.

E-mail accounts - different number of e-mail accounts are available for setup with each web hosting plan.  

MySQL/PostgreSQL Database(s) - MySQL databases are included in all web hosting plans. Additional databases are available as upgrade. PostgreSQL databases can be either included or optional. Contact sales for more information.

Database Storage - Each hosting account has a limit of database storage. This storage is shared between all the databases in a single hosting account. Additional database storage is available. Contact sales for pricing.

IP Address - MarbleHost.com hosting accounts do not include IP addresses. For many customers IP address is important for starting SSL hosts, that's why we allow the purchasing of IP addresses. Payment is accepted only in advance per year. Contact sales for more information.

SSH - In case your hosting account does not include SSH, please contact sales department for more information on how to obtain it. Payment is accepted only in advance per year.  

ID Protection - This service ensures that your private contact information will not be visible in the domain's WHOIS details. Optional for all hosting plans, but available only with certain TLDs, supporting this option.  

Detailed information about all features included in our web hosting packages is available on our web hosting plan pages.

"UNLIMITED" USAGE POLICIES AND DEFINITIONS

The term "UNLIMITED" is used to describe the amount of resources in the web hosting plans provided by MarbleHost.com, which is not set to a predefined limit value (for example - unlimited bandwidth, unlimited disk space, unlimited emails or other unlimited resources). By not setting limits on key resources, we are able to offer our customers a simple, consistent pricing scheme as their websites demand more and more resources. As a result, a typical website may experience periods of great popularity and a resulting increased storage need without experiencing any associated increase in hosting charges.

In all cases, when a service is listed as "Unlimited", it is intended for normal web hosting usage only - all activities, which may result in excessive resource usage inconsistent with regular usage patterns, are prohibited.

Our Unlimited service offers are not designed to allow a single user to influence the overall server performance. MarbleHost.com will make every effort to provide its customers with additional resources whenever possible, including the relocation of a customer's hosting account to a newer, faster server. However, if the resource usage reaches a level where it may influence the overall server performance in a negative way, MarbleHost.com reserves the right to take corrective actions. Such actions may include disconnection or discontinuance of any and of all offered services, removal or deletion of customers' websites, website content, electronic mail, or termination of a customer's account according to MarbleHost.com's sole and absolute discretion.

SERVICE PAYMENT

When signing up for an account with MarbleHost.com, the Customer agrees to pay for the period of one year (365 days) and abide by our Order Verification Policy. Our Sales Department will strictly scrutinize each account order and carefully processes each payment in order to ensure that no fraudulent user can take advantage of our web hosting system. In cases of PayPal and American Express credit card payments, a 12-month recurring billing cycle will apply for customer convenience. In case that a customer wants to cancel their recurring contract, they can do so from the Recurring Manager section of their Web Hosting Control Panel.

MarbleHost.com will charge customers with fees based on the fee structure of our web hosting system at the time of the sign-up process. MarbleHost.com reserves the right to introduce price changes to the packages when needed. This means that the current price list at our web store may differ from the pricing of your web hosting account.

Each customer of ours 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. MarbleHost.com reserves the right to introduce certain changes to the packages (in the form of complementary services) to the benefit of the customers.

SERVICE GUARANTEES

MarbleHost.com guarantees 99.9% network uptime and server stability. 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, MarbleHost.com is not responsible for the downtime);

Failure due to software that is not explicitly supported by MarbleHost.com. If a hardware crash provoked by the customer consequently occurs, MarbleHost.com is beyond the control and responsibility for the resulting downtime.

For more information, please read our Service Level Guarantees.

ACCOUNT/DATA BACKUP

Our backup service is provided as a courtesy to you and therefore, MarbleHost.com will be in no way held responsible for the files stored in your account. You, as a customer, agree to take full responsibility for all the files in your account and to maintain an appropriate backup of the data stored on our servers. We will back up the files located in the /www folder of your account, as well as the databases you have created. Backups are only kept for a period of 7 days. After this period, a backup cannot be restored.  

General Backup: The default available backup disk storage space for each customer is 5 GB. User accounts with content over 5 GB cannot be (partially or entirely) backed up. Additional space for backup purposes is available under our Upgrade section in the Control Panel. We provide backup services only to accounts with disk space usage below the purchased backup quota limit. For example, if the purchased data backup quota amounts to 20 GB, we will back up your files as long as your account's disk usage does not exceed the 20 GB quota limit. As soon as this 20 GB quota limit has been reached - the backup script will no longer back up any of your files.

Database Backup: Our database backup script WILL NOT back up databases, which contain more than 256 tables. Databases bigger than that take too much time and use too much of the server's resources to be backed up.

SERVICE ACTIVATION AND CONTINUANCE TIMESCALE

SERVICE ACTIVATION

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

For existing customers - the services for existing customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the according service payment.

CONTINUANCE TIMESCALES

Shared Web Hosting Accounts - all newly-created shared hosting accounts with MarbleHost.com are valid for 1 year. They can be regularly renewed for another year that is added to the official expiration date of the account. All account upgrades purchased from the Web Hosting Control Panel are valid and are to be functional till the final expiration date of the respective web hosting account.

Domain Name Registration/Transfer - MarbleHost.com offers for registration/transfer all TLDs (Top-Level Domains) displayed in the table below. The TLDs can be purchased either together with a shared hosting account (at regular or PROMOTIONAL price) or separately as an upgrade from the Web Hosting Control Panel (all TLDs - at NON-PROMOTIONAL prices). The table below displays the minimum and maximum registration period, as well as the annual NON-PROMOTIONAL price of each TLD:

tld	min/max period of registration @ min period price
.com	1-10 years @ $9.99 per year
.net	1-10 years @ $9.99 per year
.org	1-10 years @ $9.99 per year
.info	1-10 years @ $9.99 per year
.biz	1-10 years @ $9.99 per year
.us	1-10 years @ $9.99 per year
.we.bs	1-10 years @ $3.99 per year
.me	1-10 years @ $24.99 per year
.tv	1-10 years @ $29.99 per year
.ws	1-10 years @ $12.99 per year
.mobi	1-10 years @ $19.99 per year
.name	1-10 years @ $11.99 per year
.eu	1-5 years @ $9.99 per year
.asia	1-10 years @ $16.99 per year
.ca	1-10 years @ $16.99 per year
.co.uk	1-10 years @ $9.99 per year
.me.uk	1-10 years @ $9.99 per year
.org.uk	1-10 years @ $9.99 per year
.com.au	2 years @ $29.99
.net.au	2 years @ $29.99
.co.nz	1 years @ $24.99 per year
.net.nz	1 years @ $24.99 per year
.org.nz	1 years @ $24.99 per year
.at	1 years @ $27.99 per year
.be	1 years @ $17.99 per year
.de	1 years @ $9.99 per year
.se	1 years @ $44.99 per year
.it	1 years @ $37.99 per year
.nl	1 years @ $19.99 per year
.in	1-5 years @ $18.99 per year
.jp	1 years @ $59.99 per year
.cc	1-10 years @ $23.99 per year
.nu	2-10 years @ $59.99
.co.za	1 years @ $24.99 per year
.com.mx	1 years @ $49.99 per year
.cn	1-10 years @ $49.99 per year
.com.cn	1-10 years @ $49.99 per year
.net.cn	1-10 years @ $49.99 per year
.org.cn	1-10 years @ $49.99 per year
.tw	1-10 years @ $27.99 per year
.com.tw	1-10 years @ $27.99 per year
.org.tw	1-10 years @ $27.99 per year
.idv.tw	1-10 years @ $27.99 per year
.ru	1 years @ $9.99 per year
.fr	1 years @ $26.99 per year
.ch	1 years @ $14.99 per year
.pl	1-3 years @ $29.99 per year
.pro	1-10 years @ $27.99 per year
.co	1-5 years @ $28.99 per year
.co.il	1-9 years @ $34.99 per year
.es	1-5 years @ $19.99 per year

FREE DOMAIN NAME PROMOTION

MarbleHost.com occasionally runs promotions offering FREE domain names to customers signing up for a new web hosting account. This special offer is valid only with our PROMOTIONAL TLDs. However, in case that the money-back guarantee option is used, the domain name must be paid ($9.95 per year per domain name). The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.

SERVICE EXPIRATION AND RENEWAL

HOSTING SERVICE

The hosting service is active for one year (365 days). After the expiration of that period, the account will be automatically suspended and will remain suspended until the Customer renews it by paying its annual subscription fee. In case that the Customer does not renew his/her hosting account, it will remain BLOCKED. The account data will be kept for two months, after that it will be permanently deleted.

E-mail notifications regarding each account's expiration are dispatched twice - 14 days and 7 days prior to the expiration date of the account. In order to receive the notifications, the Customer must provide a valid e-mail address. MarbleHost.com ensures that the e-mails are sent and takes no responsibility for e-mails that are not delivered due to problems with the recipient's e-mail address.

Domain names are valid for the number of years of their registration (domain names can be registered for the period of 1 to 10 years, depending on their TLD - top-level domain name - extension). After an expiration of a domain name several stages follow regarding its renewal.

The domain name Redemption Grace Period (RGP) is a registry level period of up to 30 days after the domain name's expiration date. During this period the domain name is kept on hold by the Registrar before it gets deleted. The domain registrant is allowed to retrieve the domain name from deletion, but this process costs additional redemption fee. This extra 30-day period extends the time available for renewing domain names. However, all domains that enter a redemption period are removed from the zone files (the list of domain names currently in the global DNS), therefore any web site or e-mail services associated with the domain name will stop working.

Extended Redemption Grace Period - the extended redemption grace period adds another 7 - 30 days to the domain name's redemption period. During this period the domain name owner is allowed to retrieve the domain name from deletion by contacting the domain's registrar.

After the redemption period of an expired domain name is finished, comes the Pending Delete Period - a registry level period of up to 5 days during which no one is allowed to renew the domain name and it cannot be newly registered because it's still not returned to the public pool of domain names.

Released by Registry Period - the domain name is sent back into the public pool of domain names and is newly available for registration.

Customers are advised to renew their domain registrations before their domain names are placed into redemption. When a domain name transits in redemption period, we are not able any more to prevent its zone files from being removed from the DNS system, and the customer's web site and any associated services will stop working.

During a domain name's redemption period, we can assist the customer in retrieving his/her domain name from deletion only if the domain name was registered with us. The customer will need to pay a REDEMPTION FEE of $270.00 USD for the domain registration renewal (the redemption fee is imposed by our Registrar). If the domain name was registered with another registrar, the customer needs to contact that registrar for more information regarding its retrieving.

CUSTOMER RESPONSIBILITIES

ACCOUNT REGISTRATION AND MANAGEMENT

In consideration of their use of the Service, customers agree to:

Provide true, accurate, current and complete information about themselves as prompted by the registration form of the Service. Maintain and promptly update their registration data to keep it true, accurate, current and complete. If the customer provides any information that is untrue, inaccurate, not current or incomplete, or MarbleHost.com has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, MarbleHost.com has the right to suspend or terminate the customer's account and refuse any and all current or future use of the Service (or any portion thereof). If untrue details are used in order to avoid VAT the customer can be held responsible by the respective national tax collecting agency.

When introducing any changes to their contact details, customers are obliged to notify MarbleHost.com in the course of 10 business days after the changes become valid. The introduction of changes should be done online through the customers' Web Hosting Control Panel, not via e-mail. This requirement is also in force for MarbleHost.com, i.e. customers will be always aware of any contact information changes that the company places within its website. This way, flawless communication between both sides is guaranteed.

Customers will receive a password and account designation upon completing of the registration process of the Service. Customers are responsible for keeping the confidentiality of their passwords and accounts, and are fully responsible for all activities that occur under that password or account. Customers agree to: a) immediately notify MarbleHost.com about any unauthorized use of their password or account or any other breach of security; b) ensure that they safely exit (log out from) their account at the end of each session. MarbleHost.com cannot and will not be liable for any loss or damage of account information arising from Customer's failure to comply with this provision.

If a hosting account is registered with details different than those of the person who paid for the account, and in the case of any dispute, MarbleHost.com will take the side of the person who paid for the account and shall not provide access to any other person, since - a hosting account owner is and will be considered to be the credit card /PayPal account holder.

If the hosting account owner deceased prior to the expiration of his/her account MarbleHost.com will require death certificate or any other legal document that can provide an official evidence for that fact. Those who supply that information will be held legally responsible if the information is false or incorrect. Once such documents are obtained, MarbleHost.com will be the sole arbiter in assessing whether the documents are authentic or not. A record of the obtained documents will be kept until the expiration of the hosting account.

ACCOUNT USAGE

CPU usage (or usage of the Central Processing Unit(s) of the web server the customer's account is hosted on) - The CPU usage is subject to some regulations. Each hosting account can use up to 10% of the CPU power for no longer than 180 seconds at any given time, and/or the percentage given per 24 hours in the features configuration of the Customer's plan. MarbleHost.com's web hosting plans include the following CPU quotas (per 24 hours)

Web Hosting Plan Name	CPU Limit
Starter	5%
Business	5%
Corporate	7%
Enterprise	10%

MarbleHost.com strongly recommends that customers be very judicious when using the CPU power for their accounts. We reserve the right to block files or scripts that excessively use CPU. We may suspend also the Customer account in the case of registered impact on other accounts on the server or disturbance caused to its functioning. If we do block or suspend an account, then its owner will be notified of the situation and given an explanation, and/or offered to upgrade to a dedicated or a semi-dedicated web hosting solution

E-mails - Customers are NOT allowed to send more than 1500 emails per day / 150 email per hour per hosting account (each email can be sent to maximum 50 recipients, as each unique recipient will be counted as one message sent). When sending emails via a Mailing List, users are NOT allowed to send more than 1500 emails per day per account (or 1 email to 1500 subscribers, respectively). Each web hosting account is entitled to 2 GB of e-mail storage, which is shared between all mailboxes, created for the account.

File Quota - The file quota (the maximum amount of files to be hosted in a single web hosting account) is different for each web hosting plan. The Business and Starter web hosting plans are entitled to host maximum 150,000 files and the Corporate plan - up to 300,000 files. The Enterprise plan allows customers to host up to 450,000 files. All other plans are allowed to host 50,000 files.

Disk Space & Traffic - MarbleHost.com offers generous amounts of disk space and network bandwidth. Customers must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file types) in each hosting account must be a part of actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files that link to them. Audio, graphics and/or video files must be must be under 25% of the current web hosting disk usage and must never exceed 50 GB in size. Furthermore, such media files may amount to no more than 50% of the customer's total monthly traffic usage. Upon request, each Customer must be able to prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request. If the client fails to react within 24 hours after the request and does not remove the file/files in question, or if the apportioned traffic quota continues to be used for such purposes - the Provider reserves the right to suspend the account and/or to remove the aforesaid content from the server. In such cases, refunds are not applicable and the money-back guarantee is no longer valid..

MySQL usage - each database hosted in our system can be used only by the user who created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in the first-mentioned customer account. The MySQL database has a limit of 45,000 queries per hour. If you have reached 45,000 queries per a given hour, you will not be able to make any more queries. In the next hour you will have access to the database again and the counter will be reset. You can make a maximum of 15 simultaneous connections to a MySQL database.

Access and error logs - The access and error logs for all client's hosts in one account should not exceed 500 MB in total.

"UNLIMITED" USAGE POLICIES AND DEFINITIONS

The term "UNLIMITED" is used to describe the amount of resources in the web hosting plans provided by MarbleHost.com, which is not set to a predefined limit value (for example - unlimited bandwidth, unlimited disk space, unlimited emails or other unlimited resources). By not setting limits on key resources, we are able to offer our customers a simple, consistent pricing scheme as their websites demand more and more resources. As a result, a typical website may experience periods of great popularity and a resulting increased storage need without experiencing any associated increase in hosting charges.

In all cases, when a service is listed as "Unlimited", it is intended for normal web hosting usage only - all activities, which may result in excessive resource usage inconsistent with regular usage patterns, are prohibited.

Our Unlimited service offers are not designed to allow a single user to influence the overall server performance. MarbleHost.com will make every effort to provide its customers with additional resources whenever possible, including the relocation of a customer's hosting account to a newer, faster server. However, if the resource usage reaches a level where it may influence the overall server performance in a negative way, MarbleHost.com reserves the right to take corrective actions. Such actions may include disconnection or discontinuance of any and of all offered services, removal or deletion of customers' websites, website content, electronic mail, or termination of a customer's account according to MarbleHost.com's sole and absolute discretion.

SERVER USAGE & HOSTED CONTENT

Server content MUST comply with the parameters stated in this TOS and our AUP (Acceptable Use Policy). Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of MarbleHost.com Services are used for the illegal purpose of SPAM or UCE, then they will be terminated instantaneously. MarbleHost.com expressly bans the use of any MarbleHost.com hardware or software hosted on a MarbleHost.com server for trying to illegally access another hosted machine or network. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our AUP (Acceptable Use Policy). If you still have inquiries over the matter, feel free to contact a MarbleHost.com Service representative.

Using MarbleHost.com temporary URL is not defined as a bandwidth stealing. However customers should not rely on MarbleHost.com temporary URL as a basic URL. Traffic processing there is not recommendable. MarbleHost.com cannot and will not be held responsible for changing it afterwards. Customers are advised to use it temporarily and redirect their traffic to their own domains.

NO UNLAWFUL OR PROHIBITED USE

As a condition for customer use of MarbleHost.com Services, You - the Customer, agree that you will not use MarbleHost.com Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and/or our Acceptable Use Policy (AUP). MarbleHost.com servers can be used explicitly and only for legal purposes, and each attempt for taking indecent advantage of the servers, inconsistent with the rules, will be immediately counteracted.  

Customers are solely responsible for the content of their messages. Using MarbleHost.com Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited.

In this light, MarbleHost.com expressly forbids any breach of Federal, State or Local regulation, including, but not limited to, the transmission of: copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. MarbleHost.com 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's Terms of Service (this document) and Acceptable Use Policy (AUP). Customers may not attempt to gain unauthorized access to any MarbleHost.com Services, other accounts, computer systems or networks connected to any MarbleHost.com Services, through hacking, password mining or other means. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by MarbleHost.com Services.  

MarbleHost.com's management will thoroughly scrutinize all received orders and decide, to their own discretion, which of them do not comply with the officially stated requirements for use of the company servers. MarbleHost.com reserves the right to refuse service to unlawful parties. MarbleHost.com reserves the right at all times to disclose any information, as MarbleHost.com 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 MarbleHost.com.

E-COMMERCE CUSTOMER WEBSITES

When buying an allocated space on MarbleHost.com servers for the purpose of creating online stores or related e-commerce activities websites, customers agree to be fully responsible for the development, operation and maintenance of their web sites, online stores and e-commerce activities within that websites. The Customer is the only one in charge of approving, processing and filling clients' orders and taking care of clients' requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. The 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. Each customer is in charge of all products and services, as well as all contents and materials appearing online on his/her e-commerce website, including:

the accuracy and relevance of Customer Content, and content and material showcased in the Customer store or on its products;

certainty that the Customer Content and content and materials appearing in the Customer 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 the Customer store or on its products are not calumnitous or somehow illegal.  

Each Customer guarantees to MarbleHost.com that he/she owns 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 MarbleHost.com 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 law or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.  

Each Customer empowers MarbleHost.com to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. MarbleHost.com is granted the right to estimate, at its own discretion, the extent to which these operations need to be carried out.

THIRD PARTY DEALINGS

Any dealings with third parties (including advertisers) carried out through MarbleHost.com Services, including participation in promotions, payment for goods and services, and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between the Customer and the advertiser or the other third party. MarbleHost.com shall not be responsible or liable for any part of such dealings or promotions.

CANCELLATION, REFUND & MONEY-BACK; CHARGEBACKS

CANCELLATION & REFUNDS

MarbleHost.com accounts are set up on a prepay basis. MarbleHost.com customers may decide to cancel their accounts at any time, however they will get a full refund of the service only if the cancellation request is made within 30 days of purchasing of the account, according to our Money Back Guarantee Policy

To cancel an account, the Customer needs to send an e-mail or support ticket to our Sales Department and provide any authentication credentials requested by MarbleHost.com. Other forms of cancellation requests will not be accepted. Any incentives (free bonuses, etc.) offered to the Customer upon sign-up will be also cancelled.

Domain name registrations/transfers, service upgrades and web hosting plan renewals are treated as non-refundable services (see below) and cannot be cancelled or refunded after being activated upon customer request. The Customer will have the opportunity to transfer his/her domain away to another host.

Late cancellations, as well as accounts cancelled by LiquidNet Ltd. due to TOS violations (where the customer has decided not to fix the violation) do not qualify for the 30-day money back guarantee.

All credit requests for VISA, MasterCard, American Express and Discovery payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer's credit/debit card and affect the Customer's credit/debit card balance in accordance with the credit/debit card issuer's terms of service.

All credit requests for PayPal payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer's PayPal account and affect the Customer's PayPal balance in accordance with the PayPal's terms of service.

MONEY BACK GUARANTEE POLICY

MarbleHost.com offers a 30-day money back guarantee. If you are not satisfied with our hosting services, you can submit a refund request in a trouble ticket opened from your web hosting control panel, or via email sent to billing@duoservers.com, and receive full refund for your hosting plan within 30 days of the purchasing of the account. Please, NOTE that domain name registrations/transfers are non-refundable services (for more information see chapter 10 of this document).

All recurring payments and all payments made via Western Union or bank wire are non-refundable and are not subject to the 30-day money back guarantee.

NON-REFUNDABLE SERVICES

Non-Refundable Services: all service upgrades, wallet refills and plan renewal services purchased from the Web Hosting Control Panel; all 1-year or multi-year domain registration or transfer services purchased at sign-up or from the Web Hosting Control Panel.

All domain registrations and domain transfers are final, do not include any money-back guarantee and will be subject to a fee that is calculated on the basis of the actual NON-PROMOTIONAL annual price of the purchased domain's TLD, multiplied by the number of years of registration or transfer. Any refund amount credited back to the Customer in accordance with our 30-day money back guarantee will not include the cost of the non-refundable services (if any) that have been purchased with the Customer's web hosting plan upon sign-up (i.e. the Customer will be issued a partial refund on the original transaction if he/she has purchased non-refundable services within the web hosting account). A table containing the annual NON-PROMOTIONAL prices of all domain names offered by MarbleHost.com is located in section 3 of this legal document.

CHARGEBACKS

Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed at MarbleHost.com (and respectively - LiquidNet Ltd.) will be subject to full investigation.

When signing up for a web hosting account with MarbleHost.com, customers agree to the conditions explicated in our Acceptable Use Policy (AUP) and the Web Hosting Terms of Service (this document). Thus, MarbleHost.com, as well as our authorized retailers (PayPal, WorldPay, 2CheckOut), will resort to these documents as an evidence for the Customer's agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.

If/When a chargeback report is received, the first step of our MarbleHost.com team will be to try to contact the user. Meanwhile, the user account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and decision has been taken for according action.

If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with our authorized retailers and the account will be re-activated.

If the user has sent a chargeback request based on groundless argumentation (to our own judgment and these Web Hosting Terms of Service), then a dispute will be started with our authorized retailers in which the Web Hosting Terms of Service (this document) and the Acceptable Use Policy of MarbleHost.com will serve as proof of the Customer's agreement. The retailers then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or MarbleHost.com has the right to a reverse payment.

In case that the chargeback originates from a fraudulent user and no reverse payment procedure can be initiated, then the respective hosting account will remain suspended.

NEWS RELEASES

Certain sections of MarbleHost.com news releases may contain forward-looking statements projecting future events, such as new software incorporations, updates, promotions, hosting introductions, etc. It is possible that these statements may deviate from the actual circumstances, since they are treated as intentions and express expectations and approximate plans of action regarding the relevant forthcoming events.  

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", etc. However, their availability is not a prerequisite for a forward-looking statement to be treated as such.

TORTUROUS CONDUCT

Any way of indecent treatment towards a MarbleHost.com employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with MarbleHost.com employees regarding any request for help or consultation, or any other reason for contacting our MarbleHost.com team via e-mail, chat, phone or through our Ticket Desk Support System. Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to be undermined the importance of good ethics in communication and human relations. Any act of close nature, or other type of offensive, abusive, disrespectful or condescending behavior - oral, written, or delivered by a second party - to members of MarbleHost.com customer care stuff will be interpreted as a breach of this TOS. MarbleHost.com reserves the right to assess at its sole discretion which behavior is to be considered as a violation of the hereby stated rule and agreement, and to undertake according actions, including refuse refunds to users whose accounts have been suspended for violating this TOS provision.

FORCE MAJEURE CIRCUMSTANCES

MarbleHost.com CANNOT and WILL NOT be liable for any failure or delay in doing its professional duties resulting from circumstances beyond its physical control. Such circumstances may represent acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbances, 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.

SERVICE PROVISION; WARRENTIES AND REPRESENTATIONS

You understand and agree that the Service is provided on an 'AS-IS' basis without warranties or representations for its offering. The company bears no responsibility for connection problems in cases when customer's hosting with MarbleHost.com confronts with service interruption issues. MarbleHost.com assumes no liability for any service failure, or failure to deliver or store any Customer communication or personalization settings.

SERVICE DISCONTINUANCE

MarbleHost.com reserves the right to discontinue the delivering of the services and terminate this agreement for a certain period of time or indefinitely, with a prior notice. If the reason for this is Customer's failure to observe these Web Hosting Terms of Service and/or our Acceptable Use Policy, no refund will be issued to the customer for the unused period of his/her annual subscription with MarbleHost.com. If the Customer has not violated any part of these Web Hosting Terms of Service, the Acceptable Use Police and/or any other related documents (Customer agreements) mentioned hereby - the Customer will receive partial refund covering the period of his/her web hosting subscription with MarbleHost.com that has not been used.

COMPLAINTS PROCEDURE

MarbleHost.com 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 encouraged to make use of our complaints procedure detailed below.

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

Here are our steps of addressing every single complaint:

1. MarbleHost.com will confirm receipt of your complaint in writing, notifying you that the complaint will be addressed without delay. MarbleHost.com reserves the right to refuse to investigate complaints which are apparently frivolous, abusive or offensive.  

2. MarbleHost.com customer care representative will review your situation, search for an appropriate solution and inform you of the timeframe within which a response should be expected.

3. If the MarbleHost.com Customer Care representative is not able to resolve your case within the pre-announced period, your complaint will be escalated to a Customer Care manager.

4. If the MarbleHost.com Customer Care manager also can't provide you with an appropriate solution, then your complaint will be forwarded to the Company Director, who will further investigate the situation and ensure that all necessary measures have been taken. The Company Director will respond in writing within two working days, and reply with a solution within five working days.  

5. An alternative complaint submission method is sending a fax to the following number: +1.510.868.6446

CUSTOMER SERVICE CONTACT DETAILS

Customers can get in touch with our Customer Service via any of the contact options listed below:

1. Open a trouble ticket from the customer Web Hosting Control Panel (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 : +44-20-7993-2673
AU PHONE : +61-2-8014-8213
US FAX: +1-510-868-6446

3. Send us a Letter to:

13 Craigleith
7 Kersfield Road
Putney, London SW15 3HN
United Kingdom

REVISIONS

In order to improve its web hosting and customer care services, MarbleHost.com reserves the right to revise these terms and conditions at any time without prior notice. Customers are encouraged therefore to review this document periodically.

ASSIGNMENT

Customers do not have the right to assign this Agreement without the explicit permission of MarbleHost.com. This Agreement shall be in force and effect to the total benefit of the Customer and MarbleHost.com, and their successors and permitted assigns.

TERMINATION

You agree that MarbleHost.com, at its sole discretion, may terminate your password, account or use of the Service(or any part thereof), and remove and discard any Content within the Service if you violate this Agreement.

30 DAY MONEY BACK GUARANTEE

If, for any reason, you are dissatisfied with our hosting services, we will refund your hosting fees at any time during the first 30 days after you have signed up for an account with us. You can email us at billing@duoservers.com and receive full refund for your hosting plan within the 30-day money-back period.

Please, NOTE that domain name registrations are final and non-refundable. As changes are no longer allowed after a registration request is submitted, you should always check for correct spelling before purchasing a domain name.

SERVICE GUARANTEES

99.9% Network Uptime Guarantee -- MarbleHost.com guarantees that your website(s) will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network and server uptime. However, we cannot be held responsible for upstream problems outside of our network and areas where MarbleHost.com has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Registrar problems with subscribers domain names, routing problems between a client's location and our data center. The uptime guarantee is also not applicable if the service interruption was caused by a natural or unnatural event that is not directly under the control (or jurisdiction) of MarbleHost.com. MarbleHost.com may temporarily deny or terminate the Service upon client's failure to pay their charges at due time.

MarbleHost.com guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:
a. Server Hardware Breakdown.
b. User error(s) or purposeful interruption(s) (e.g. if the client shuts his/her own server down, MarbleHost.com is not responsible for the downtime).
c. Failures due to software that is not explicitly supported by MarbleHost.com. Consequently, if a hardware crash provoked by the customer happens, MarbleHost.com has no responsibility for the resulting downtime.
Network Outages or Unexpected Downtime is any unplanned or unexpected interruption in the network availability due to hardware, software, network connectivity or data center problem, during which a 100% packet loss is experienced.

Scheduled Downtime is any scheduled interruption of the services for the purpose of network software/hardware upgrades, or replacement of any network equipment in order to be provided better service for the customers. Scheduled downtimes occur within pre-notified downtime periods, with as many warnings as possible sent via e-mail or posted in our news section minimum 24-hour in advance.

SUPPORT RESPONSE GUARANTEE

MarbleHost.com guarantees 24/7 support available 365 days per year. Support is available via our online Contact Us form, via our phone lines and live chat, and the web hosting control panel integrated ticketing system. Each ticket is replied to within no more than 60 minutes after it has been opened.

Dedicated 24/7 Support For All Customers 24/7 Ticketing support with 25 minutes average reply time 2 US tel. support lines are available from 4am to 8pm PST An additional UK tel. support line is now available

An Acceptable Use Policy (AUP) is a set of rules and conditions compiled by a network, system or a website owner. These rules explicitly define and restrict the ways in which the respective network, system or website may be used.

The AUP of MarbleHost.com aims to clearly outline the purposes for which our customers CANNOT utilize our hosting services and position data on our network servers.

This Acceptable Use Policy (AUP) is an integral part of the Web Hosting Terms of Service which each customer agrees to abide by when signing up for an account with our web hosting company. Any violation of this AUP will be deemed a violation of our Web Hosting Terms of Service.

We, at our own discretion, shall determine whether an act constitutes a breach of this AUP terms and misuse of our services. We reserve our right to be the sole arbiter in determining the sufficiency of the presented evidences. We will respond accordingly, and/or immediately terminate the provision of the services, shall we receive report, and/or have sufficient proof, of any prohibited conduct outlined in this AUP, or any other activity threatening the security of our hosting environment and/or our network of hosting servers.

In order to protect our company's reputation and responsibilities, and guarantee state-of-the-art and reliable hosting services to all our customers, as well as privacy and security for all users, we - MarbleHost.com - hereby outline the following AUP rules and conditions to come into force for each customer signing up for a web hosting account with our company:

1. System Abuse

2. Spam and Spamvertizing

3. Inappropriate or Unlawful Content

4. Copyrights

5. Corrective Actions

6. Reporting Violtaions

7. Revisions

1. SYSTEM ABUSE

Any customer in violation of our 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 our system's security, authentication measures, data or traffic. Interference with the service to any user, host or network including, but not limited to: e-mail bombing, flooding, deliberate attempts to overload the 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.

Any attempt at doing harm to a server or a customer of our web hosting services:

MarbleHost.com will immediately and resolutely react to any attempt at misuse of an Internet account or computer, or any attempt to gain access to an internet account or computer by a MarbleHost.com customer unauthorized by the account/computer owner. Such attempts include, but are not limited to the following: 'Internet scamming' (tricking other people into releasing their passwords, etc.), password robbery, security hole scanning, running proxy - proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy), introducing of any computer programs (viruses, Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots, etc.) that are intended to negatively interfere with, intercept, irreversibly damage or take hold of any system, data or personal information. It WILL NOT matter whether the attacked account or computer belongs or not to MarbleHost.com services. The fraud will be subject to actions based on the very nature of the attack and those may represent a warning, an account suspension or cancellation, and/or civil or criminal legal actions.

Background operations/programs on servers:

'Background process' is a program that runs in the background of the operating system. What is specific for a background process is that, once started, it runs simultaneously with other foreground processes. This means that, the shell executing the background operation does not wait for it to finish or terminate, as it does with foreground processes, but is free to start executing more operations along with the background one. Typical background processes are ircd, irc bot, bnc, and many others.

Background processes are not permitted on any of our shared hosting servers, as they usually lead to CPU overload and can be used for malicious and/or illegal actions. As our primary task is to provide highest quality web hosting service to all our customers, we cannot permit any background processes to be executed and threaten the performance of our server network. Our shared hosting system does not allow a big multitude of users to simultaneously use the system memory and processing time of our servers.

Excessive use of system resources:

In order to ensure higher server performance and quality of hosting service all shared hosting plans are subject to certain resource limitations concerning, but not limited to, server CPU usage, Memory usage, disk-space and traffic. If a hosting account exceeds the allowed amount of system resources the account owner will be immediately notified to take actions in order to reduce the usage. If such action is not instantly taken by the owner the account will be suspended. If an excessive CPU usage is detected the account owner will be suggested to place an order for a CPU usage upgrade or upgrade to a plan which allows higher CPU usage.

If any hosting account is found to be causing degradation of the server and/or our hosting network's performance, regardless of the reason, the account will be subject to suspension or immediate removal, depending on the situation. MarbleHost.com will be the sole arbiter in determining whether a given account is excessively using the server resources and/or causing a server degradation.

2. SPAM AND SPAMVERTIZING

SPAMMING IS PROHIBITED. Users MAY NOT utilize our web hosting services to transmit, distribute or deliver any unsolicited bulk or commercial messages over the Internet (an action known as "spam" or "spamming").

Spamming is a violation of ethic norms and will be interpreted as an infringement. MarbleHost.com will not tolerate the sending of unsolicited bulk or commercial messages through our services, as well as through another service that is mentioning, in some way, our customer's domain name or implies the utilization of our network or our e-mail services for sending the unsolicited bulk or messages.

SPAMVERTISING IS PROHIBITED. "Spamvertizing" refers to the practice of sending unsolicited spam messages for the purpose of advertising a particular website.

If such e-mails are relayed through 3^rd party (e-mail spoofing) and/or are promoting a domain hosted on our servers, this will lead to immediate account suspension unless an evidence of legitimacy for non-involvement of the domain owner in the particular illegal action is provided.

E-mail spoofing is a fraudulent e-mail activity in which the sender's (3td party) e-mail address and other parts of the e-mail header are changed so as to appear that the e-mail has been sent from a different source (e-mail address owner/server).

Unsolicited message is a message that is sent against the privacy policy of a newsgroup, or is sent to a recipient without their explicit permission. We, at our sole discretion, shall determine whether any of the messages you are sending is spam or spamvertizing. For your information, spamming generally includes, but is not limited to the following

Sending of unsolicited messages in bulk, or sending of unsolicited e-mails, which provoke complaints from recipients;

Sending of junk mail;

Use of distribution lists that include people who have not given prior explicit permission to be involved in such a distribution process;

Posting commercial ads to USENET newsgroups that do not permit it;

Posting articles containing binary encoded data to non-binary newsgroups;

Excessive and repeated posting of off-topic messages to newsgroups;

Excessive and repeated cross-posting;

E-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting of any threatening, libellous or obscene material, or material of any nature that may be deemed offensive;

E-mailing of age-inappropriate communications or content to anyone under the age of 18.

3. INAPPROPRIATE OR UNLAWFUL CONTENT

CONTENT published or transmitted via MarbleHost.com's hosting services includes website content, email content, forum/blog postings, chat content, and/or any other type of content hosted on our servers, published online or transmitted through our network's services.

The user of our services is NOT permitted to post online content or have links to content that:

is defamatory, abusive or obscene, violates a person's reputation/privacy, is reasonably deemed offensive by the web community, is anti-religious or anti-human rights, or contains any type of threatening or hate speech, encourages harassment or physical harm to any group or individual, or is otherwise malicious/fraudulent and may result in complaints/liabilities/or retaliation against MarbleHost.com by offended viewers;

promotes or encourages illegal activities (e.g. illegal drugs, illegal gambling, arms trafficking, etc.) or violates any applicable law, statute, ordinance or regulation, including but not limited to the laws and regulations governing export control, unfair competition, false advertising, consumer protection, etc.

represents pornography - any type of pornographic/adult material, including child pornography, or advertisements of pornographic websites;

represents infringement on copyright, patents, trademarks, trade secrets, or third party's intellectual property or proprietary rights, including pirated computer programs, hacking/phreaking software, warez or any type of software/content (including also ROMs, ROM Emulators, media files - MP3, AVI, .RM, etc., torrent files, and others) that is copyrighted, is NOT uploaded in compliance with its license agreement or is NOT freely available for distribution.

4. COPYRIGHTS

Copyrighted material must not be placed on customers' accounts without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will promptly remove the infringing material from the Services. Further procedures (in accordance with our stated below corrective measures) will be carried out if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.

5. CORRECTIVE ACTIONS

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions.

We will disable the customer's account if we deem necessary, at our sole discretion. Upon closing of the customer's account we will send an e-mail notification to the customer, stating the reason for the termination and quoting our terms' chapter that has been violated. The customer will be given an opportunity to respond and take measures to remedy the situation should he/she consider him/herself abused by a third party. Upon fulfilling of this obligation, we may re-activate the customer's account, if we find, at our own discretion, sufficient evidence pro customer's side.

Closed accounts due to repeated violations will not be re-activated. A backup may be requested, however it will be subject to certain penalty fees imposed according to the breach of this AUP terms. The final penalty fee will be determined by the type and frequency of the violations.

6. REPORTING VIOLATIONS

If you need to report a violation of this AUP agreement or believe that you or your system has been subject to attack originating from our web hosting system, please contact us immediately. Our professional team will investigate the situation and provide you with full assistance.

7. REVISIONS

We reserve our right to change this AUP at any time, without prior notice. We encourage our users to periodically review this Acceptable Use Policy and our Web Hosting Terms of Service.