Terms of Service and Acceptable Use
Policy
The terms of use below constitute a legal agreement between
you (The Customer) and comcities.com (PLATINUM ONLINE PVT LTD),
which provides the Web hosting services described at
comcities.com. Your agreement to be bound by these terms is
acknowledged by your use of the Company Services, Support
Services and/or any software made available to you by the
Company. Agreeing to comcities Acceptable use Policy and
Terms of Conditions is mandatory for Hosting signing up or
using our services. Please make sure you read everything. If
you have any questions Contact Us.
Section 1 Payment and Bills
1.1 Dedicated and VPS (Virtual Private Server) Servers
Refund and Disputes: All accounts are set-up on a
pre-pay basis only; all payments to comcities.com are
nonrefundable. This includes the one time setup fee and
subsequent charges regardless of usage. All overcharges or
billing disputes must be reported within 30 days of the time
the dispute occurred. If you dispute a charge to your credit
card issuer that, in comcities.com' sole discretion is a
valid charge under the provisions of the TOS and /or AUP,
you agree to pay comcities.com an "Administrative Fee" of
not less than $50 and not more than $150.
Payments and Fees: Service will be interrupted on
accounts that reach 4 days past due. Service interrupted for
nonpayment is subject to a $75 reconnect charge. Accounts
not paid by due date are subject to a %10 late fee. Accounts
that are not collectable by comcities.com may be turned over
to an outside collection agency for collection. If your
account is turned over for collection, you agree to pay the
company a "Processing and Collection" Fee of not less than
$50 no more than $200. If you desire to cancel your account,
please follow the proper procedure to do this as outlined in
this TOS.
Failure to Pay: The Company may temporarily deny
service or terminate this Agreement upon the failure of
Subscriber to pay charges when due. Such termination or
denial will not relieve Subscriber of responsibility for the
payment of all
accrued charges, plus reasonable interest and any collection
fees. End customers affected by a resellers failure to pay
their dues, will be able to contact comcities.com and
receive service directly only after the servers have been
canceled.
Account Cancellation: All requests for canceling
accounts must be made in writing with at least 21 days prior
notice (Helpdesk ticket submission) and sent to
comcities.com Attn: Cancellations, You must have all account
information to cancel.
1.2 Personal Web Hosting Account and Reseller Hosting
All accounts are set-up on a pre-pay basis only, Web Hosting
Account and Reseller Hosting services offered by
ComCities.Com (PLATINUM ONLINE PVT LTD) carry a 30 Day Money Back
policy. If you are not completely satisfied with our
services, you will receive a full refund for the hosting
fees during the first 30 days after the service was added.
(Accounts with violations of our policies will not receive a
refund under any circumstance.
Price Change: The amount you pay for hosting will
never increase from the date of purchase. We reserve the
right to change prices listed on ComCities.Com, and the
right to increase the amount of resources given to plans at
any time.
Account Setup: We will setup your account after we
have received payment and If your payment with 2checkout.com
have screened the orders incase of fraud. It is your
responsibility to provide us with information to verify. In
this case account creation will be delay.
Failure to Pay: If an account is cancelled and then
re-enabled, we reserve the right to charge an administration
fee of $50 which will be charged to your account. Accounts
overdue 7 days - all technical support revoked, Accounts
overdue 14 days - sites and services will be suspended,
Accounts overdue 30 days - sites and data deleted from all
system. Should a credit card "chargeback" be performed on
your credit card transaction reversed all your websites,
data and email will be immediately deleted from our systems.
Account Cancellation: All requests for canceling accounts
must be made in writing with at least 7 days prior notice
(Helpdesk ticket submission) and sent to comcities.com Attn:
Cancellations, You must have all account information to
cancel.
1.3 Shoutcast and Media Hosting Account
All accounts are set-up on a pre-pay basis only; Shout cast
and Media Hosting services offered by ComCities.Com
(PLATINUM ONLINE PVT LTD) carry a 7 Day Money Back policy. If you
are not completely satisfied with our services, you will
receive a full refund for the hosting fees during the first
30 days after the service was added. (Accounts with
violations of our policies will not receive a refund under
any circumstance.)
Price Change: The amount you pay for hosting will
never increase from the date of purchase. We reserve the
right to change prices listed on ComCities.Com, and the
right to increase the amount of resources given to plans at
any time.
Failure to Pay: If an account is cancelled and then
re-enabled, we reserve the right to charge an administration
fee of $50 which will be charged to your account. Accounts
overdue 7 days - all technical support revoked, Accounts
overdue 14 days - sites and services will be suspended,
Accounts overdue 30 days - sites and data deleted from all
system. Should a credit card "chargeback" be performed on
your credit card transaction reversed all your websites,
data and email will be immediately deleted from our systems.
Account Setup: We will setup your account after we
have received payment and if your payments with
2checkout.com have screened the orders incase of fraud. It
is your responsibility to provide us with information to
verify. In this case
account creation will be delay.
Account Cancellation: All requests for canceling
accounts must be made in writing with at least 7 days prior
notice (Helpdesk ticket submission) and sent to
comcities.com Attn: Cancellations, You must have all account
information to cancel.
Acceptable Use Policy (AUP)
Section 2 Service Usage Policy
2.1 Dedicated and VPS (Virtual Private Server) Servers
Bandwidth and Disk Usage: Customer agrees that
bandwidth and disk usage shall not exceed the number of
megabytes per month for the Services ordered by Customer on
the Order Form (the "Agreed Usage"). Comcities.com Servers
will monitor Customer's bandwidth and disk usage.
Comcities.com Servers shall have the right to take
corrective action if Customer's bandwidth or disk usage
exceeds the Agreed Usage. Such corrective action may include
the assessment of additional charges, disconnection or
discontinuance of any and all Services, or termination of
this Agreement, which actions may be taken is in
Comcities.com Server’s sole and absolute discretion. If
Comcities.com Servers takes any corrective action under this
section, Customer shall not be entitled to a refund of any
fees paid in advance prior to such action. In the event that
a customer exceeds the included allocation, Comcities.com
Servers may, at its sole discretion, collect a deposit, in
an amount determined by Comcities.com Servers, against
customer's credit card on file with Comcities.com Servers.
100Mbit Un-metered Service Plan:
Each server is connected via private (non-shared) 100Mbit
port to the Gbit backbone shared by all servers subscribed
to comcities.com’s un-metered service plans. The bandwidth
is NOT dedicated. Servers on the 100Mbit un-metered service
plan can expect average 10-15TB/month (10000-15000GB/month)
throughput on outbound transfer (from the server to the
internet)
Dedicated Bandwidth Service Plan:
Dedicated bandwidth, if not over-subscribed, is available at
$5-$15/month/Mbit depending on commitment.
2.2 Personal Web Hosting Account and Reseller Hosting
The Customer should use all recourses provided by the
comcities.com in a manner that does not endanger the quality
of the overall server performance. Such resources include
but are not limited to: Server Memory Usage, CPU usage,
MySQL server usage, mail server usage, web server usage etc.
Failure by the Customer to maintain his/her account in full
compliance with the terms listed below may result in a
warning, suspension or immediate account termination with no
refund. The comcities .com has the right to decide what
constitutes a violation of the terms below:
2.2 1 Customer's use of traffic (bandwidth)
Customer's account monthly traffic is limited in accordance
with the Customer’s hosting plan. If the monthly traffic
limit is reached before the end of the month the Customer's
account will be suspended until the beginning of the next
month. Additional traffic can be ordered for the given
month, so that account suspension is avoided. No traffic can
be transferred from month to month.
2.2.2. Customer's use of disk space
Customer's account disk space is limited in accordance with
the Customer's hosting plan. The customer should pay fee for
additional disk space consumed.
2.2.3. Customer's use of email service.
The Customer should use the email and other related services
in full compliance with the terms below:
* Each Customer's account is allowed to send a maximum of
250 emails per hour. Any account that exceeds this
limitation is endangering the overall server performance.
* Each email sent by the Customer should have NO more than
20 recipients. Sending a single email to more than 20
recipients simultaneously is endangering the overall server
performance.
* The use of email clients with IMAP protocol is allowed for
mailboxes with a maximum size up to 50MB. Any use of IMAP
with a bigger mailbox is endangering the overall server
performance.
* The use of email clients with POP3 protocol is allowed for
mailboxes with a maximum size up to 50MB. Any use of POP3
with a bigger mailbox is endangering the overall server
performance.
* The Company allows up to 60 checks per hour for a POP3
mailbox. Any use of POP3 service to check a mailbox more
often than 40 times per hour is endangering the overall
server performance.
* MAILING LIST HOSTING - Please note that we do not offer
hosting for running milling lists. If we found milling lists
in our servers, will be shutdown without prior notice.
* Mass mailing is not for shared servers and ComCities.Com
do not host sites that deal with mass email type services.
If you need to send a "high-volume" of emails to customers
please do not use your accounts SMTP server for this. You
could instead outsource the list to a 3rd party provider
(List server) who specializes in, and supports, mass
mailings, or depending on your needs you might consider
getting your own dedicated server.
2.2.4 Customer's use of Database Resources
Customer should use the MySQL database server resources in a
way that does not endanger the quality of the overall server
performance. A database that generates more than 10% of the
database queries longer than 1 second at any given time
endangers the overall server performance. The Customer is
responsible to manage his/her database(s) so that it is in
compliance with this policy.
2.2.5 Customer’s Use of Shared Server CPU
The Customer account should NOT use more than 10% of the
shared server CPU for a period longer than 5 seconds. Any
account that is using more than 10% of the shared server CPU
for more than 5 seconds is endangering the overall shared
server performance.
2.2.6 Customer use of Server Memory
The Customer account should NOT use more than 65MB of the
server memory resources at any given time. Any account that
is using more than 65 MB of the shared server memory is
endangering the overall shared server performance.
2.2.7 Other Customer's account limitations
The limitations listed below apply to each Customer’s
account and failure by the Customer to comply with them will
endanger the overall server performance:
1. No more than 20 simultaneous processes will be executed
by the Customer's account at any given time.
2. No Cron Jobs with execution period shorter than 30
minutes will be executed from the Customer's account.
3. No more than 10 simultaneous connections from a single IP
to the Customer's account are allowed.
2.2.8 No Free Services to Be Offered
Your may not use your account to offer any of the following
kinds of free services : Free Web hosting services , Free
e-mail services, Free blogging services, Free home pages,
Free image hosting, Free trial accounts, Free forum hosting,
Free FTP accounts
In rare cases the comcities .com may be able to re-activate
a Customer's account that has been suspended for violation
of terms of account resource use. This is done only if the
comcities.com decides that there is enough evidence that the
violation will not be repeated and after a payment of a
$50.00 re-activation fee.
Section 3 SPAM AND UNSOLICITED
COMMERCIAL EMAIL (UCE) Policy:
The Company takes a zero tolerance approach to the sending
of Unsolicited Commercial Email (UCE) or SPAM over its
network. Very simply this means that Customer may not use or
permit others to use our company's network to transact in
UCE. Reseller of the Company may not host, or permit hosting
of, sites or information that is advertised by UCE from
other networks. Violations of this policy carry severe
penalties, including termination of service.
Violation of this SPAM policy will result in severe
penalties. Upon notification of an alleged violation of its
SPAM policy, the Company will initiate an immediate
investigation (within 24 hours of notification). During the
investigation, the Company may restrict customer access to
the network to prevent further violations. If Customer is
found to be in violation of our SPAM policy, the Company
may, at its sole discretion, restrict, suspend or terminate
Customer's account. Further, the Company reserves the right
to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. The
Company will notify law enforcement officials if the
violation is believed to be a criminal offense.
First violations of this policy will result in an
"Administrative Fee" of $40 and Customer's account will be
reviewed for possible immediate termination. A second
violation will result in an "Administrative Fee" of $100 and
immediate termination of Customer's account. PLEASE, DO NOT
SPAM from your account.
As our Reseller Customers are ultimately responsible for the
actions of their clients over the ComCities.Com , it is
advisable that Customers develop a similar, or stricter,
policy for their clients.
Section 4 Out Date Records
Periodically it may become necessary for ComCities.Com to
contact the customer. If the information provided to us is
not current, it may lead to the customer failing to receive
notices. The customer is solely responsible for keeping all
personal and billing information current at all times.
ComCities.Com is not responsible for actions that are taken
as a result of a customer's failure to respond to
Comcities.Com notices.
Section 5 PROHIBITED USES OF SERVICES AND PRODUCTS
Customer may only use Services and Products in a manner
that, in the Company's sole judgment, is consistent with the
purposes of such Services and Products. If Customer is
unsure of whether any contemplated use or action is
permitted, please contact the Company as provided above. By
way of example, and not limitation, uses described below of
the Services and Products are expressly prohibited.
A.1 General
1.1.1. Illegal Activities: Transmission, storage, or
distribution of any information, data, or material in
violation of any applicable law or regulation, or that may
directly facilitate the violation of any particular law or
regulation is prohibited. The Company reserves the right to
cooperate with legal authorities and/or injured third
parties in the investigation of any suspected crime or civil
wrongdoing.
1.1.2. Harm or Endangerment to other people: Customer shall
not use Services or Products to harm, or attempt to harm,
minors in any way, including, but not limited to child
pornography, or transmit any material (by e-mail, uploading,
posting or otherwise) that threatens or encourages bodily
harm or destruction of property.
1.1.3. Copyright or trademark infringement: Customer shall
not use Services or Products to transmit any material (by
e-mail, uploading, posting or otherwise) that infringes any
copyright, trademark, patent, trade secret or other
proprietary rights of any third party, including, but not
limited to, the unauthorized copying of copyrighted
material, the digitization and distribution of photographs
from magazines, books, or other copyrighted sources, and the
unauthorized transmittal of copyrighted software. Customer
shall not use Services or Products to collect, or attempt to
collect, personal information about third parties without
their knowledge or consent. Distribution and/or posting of
copyrighted or the aforementioned infringements will not be
tolerated.
A2. System and Network Abuse
Violations of system or network security are prohibited and
may result in criminal and civil liability. Examples of
system or network security violations include, without
limitation the following:
1.2.1. Introduction of malicious programs into the Company's
network or server (e.g., viruses and worms).
1.2.2. Effecting security breaches or disruptions of
Internet communication. Security breaches include, but are
not limited to, accessing data of which Customer is not an
intended recipient or logging into a server or account that
Customer is not expressly authorized to access. For purposes
of this Section 3.2.2., "disruption" includes, but is not
limited to, port scans, flood pings, packet spoofing and
forged routing information.
1.2.3. Executing any form of network monitoring which will
intercept data not intended for the Customer's server.
1.2.4. Circumventing user authentication or security of any
host, network or account.
1.2.5. Interfering with or denying service to any user other
than Customer's host (for example, denial of service
attack).
1.2.6. 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.
1.2.7. Creating an "active" full time connection on a
Company-provided account by using artificial means involving
software, programming or any other method.
1.2.8. Any attempt to circumvent or alter monitoring,
bandwidth tracking or utilization reporting, or other
actions which have the effect of complicating the normal
operational procedures of the Company, including but not
limited to altering, removing or in any way modifying or
tampering with Company created log files.
1.2.9. Any action which the Company determines, in its own
judgment, will reflect poorly on the Company or negatively
impact its operations.
1.2.10. Any action which the Company deems to be an
unacceptable use of resources, business practice or
otherwise unacceptable to the Company.
Section 6 PROHIBITED SCRIPTS AND PROGRAMS
The following rules apply to the use of all scripts:
* Any script must not use the processor for more than a few
seconds, or it is s subject to removal.
* Scripts must not use a large amount of system resources
(RAM or processor). If a script consumes a large amount of
these resources the account will be subject to immediate
suspension until an alternative solution can be reached.
* A script must not be used or referenced from external web
sites.
* Scripts which interacts with the hardware, or the servers
configuration files, are prohibited on ComCities.Com’s
servers. Accounts in violation of this policy will be
suspended without prior notice.
* Resource incentive scripts (chat room scripts) are not
allowed on ComCities.Com’s servers.
The following scripts are banned because they are either
resource hogs or harmful:
* UltimateBBS
* Ikonboard
* FormMail
* CgiEmail
* Eggdrops and IRC Bots (PSYBNC, etc.)
* IRC Servers/clients (ircd, etc)
* IRC BNCs (PsyBNC, BNC)
* Network/System Security Auditing Tools
* Exploits
* Daemon Processes
* Game Servers
* Proxy Servers
* nph-proxy
* Web/CGI based telnet servers
* The Anonymizer
* Any Soap Mailers
* Transmission of Unsolicited Email or SPAM
* Portscanning CGIs
* Security Auditing CGIs
* false identity & pyramid/ponzi scheme Scripts
* Shell, SSH, Telnet Scripts and Shell, SSH, Telnet
Alternatives.
* Any script that uses & processes a massive number of
flatfiles or large flatfile databases (not for dedicated
servers)
Adult Content: Explicit adult content (pornography)
will be grounds for immediate suspension of your account.
Sites containing only links to adult content will be
immediately suspended. ComCities.Com will be the sole
arbiter as to what constitutes a violation of this
provision. Adult-oriented sites, pornography and sex-related
merchandising are prohibited. We also prohibit sites that
provide storage, sale, distribution, hypertext link to,
advertisement, promotion or hosting of material that is
unlawful, defamatory, obscene, harmful, threatening,
harassing, or an intrusion of privacy or publicity rights,
or otherwise objectionable. Note: Artistic nudity may be
acceptable, but this is at the sole discretion of
ComCities.Com
IRC networks: It is absolutely forbidden to host an
IRC server that is part of or connected to another IRC
network or server. Servers/hosting found to be connecting to
or part of these networks will be immediately removed from
our network without notice. The server/hosting will not be
reconnected to the network until such time that you agree to
completely remove any and all traces of the irc server, and
agree to let us have access to your server to confirm that
the content has been completely removed. Any server/member
guilty of a second violation will result in immediate
account termination.
Network disruptions and unfriendly activity: Use of
ComCities.Com service for any activity which affects the
ability of other people or systems to use ComCities.Com
Services or the Internet. This includes "denial of service"
(DOS) attacks against another network host or individual
user. Interference with or disruption of other network
users, services or equipment is prohibited. It is the
Member's responsibility to ensure that their network is
configured in a secure manner. A Subscriber may not, through
action or inaction, allow others to use their network for
illegal or inappropriate actions. A Subscriber may not
permit their network, through action or inaction, to be
configured in such a way that gives a third party the
capability to use their network in an illegal or
inappropriate manner. Unauthorized entry and/or use of
another company and/or individual's computer system will
result in immediate account termination. ComCities.Com will
not tolerate any subscriber attempting to access the
accounts of others, or penetrate security measures of other
systems, whether or not the intrusion results in corruption
or loss of data.
The reseller/VPS / Dedicated server customer is liable and
responsible for all actions of their account and subaccounts
created by the reseller/VPS / Dedicated customer. As the
reseller/VPS/ Dedicated customer you agree to accept all
responsibility and liability for your actions and the
actions of your subusers either directly or indirectly.
Section 7 BACKUP AND DATA LOSS
1.1 Dedicated and VPS (Virtual Private Server) Servers
Your use of the service is at your sole risk. ComCities.Com
is not responsible for files and/or data residing on your
account. You agree to take full responsibility for files and
data transferred and to maintain all appropriate backup of
files and data stored on Comcities servers.
7.2 Personal Web Hosting Account and Reseller Hosting
Your use of the service is at your sole risk. ComCities.Com
is not responsible for files and/or data residing on your
account. You agree to take full responsibility for files and
data transferred and to maintain all appropriate backup of
files and data stored on Comcities servers. We take weekly -
Backups of new/changed data these backups are made for
server restoration purposes only. It is the clients'
responsibility to take backup of their own files. This can
be done with the "Backup Manager", which is included with
each CPanel.
Section 8 ACCOUNT SUPPORT
Comcities.com does not provide support for 3rd party scripts
including all scripts listed in Fantastico, RVSiteBuilder,
ClientExec and any other script unless explicitly stated.
Comcities.com covers free initial migration from your
previous host. This service is limited to cPanel/WHM to
cPanel/WHM transfers. We offer basic troubleshooting after
account migration to ensure things have been transferred
successfully Comcities.com does not cover 3rd party script
troubleshooting. It is your responsibility to ensure your
scripts are compatible with our server environment
INSTALLED 3rd PARTY SOFTWARE - User Full Responsibility to
Keep 3rd party software Install in web space. If we found
hacking or unusual activates because of less security in
software result will be suspend account without prior
notice.
At this time we only support via E-mail. We will offer
24/7/365 support by e-mail ( All support mails will be going
to our helpdesk system) . If Only emergency case can be able
to use our general Phone +(1) 97 3679 4046
EMAIL SUPPORT
Sales: sales[@]comcities.com
Support: support[@]comcities.com
Billing Inquiries : billing[@]comcities.com
Abuse Inquiries : abuse[@]comcities.com
ComCities.Com will support, to the best of its ability,
control panel related problems and issues. This includes,
but is not limited to, support of basic control panel
functions (ie: adding/removing accounts, dns functions,
password changes, etc…) and limited support of control panel
installed 3rd party software (ie: PHP-Nuke, phpBB,
AdvancedGuestBook, osCommerce ). ComCities.Com will not
provide support any 3rd party Free Addon Scripts on cpanel,
inclusions, regarding issues of software bugs or errors, and
such issues should be brought to the attention of the
software vendors directly for support. ComCities.Com is not
responsible for web development, non-supported 3rd party
software and/or scripts (ie: compatibility, installation,
maintenance), and/or ongoing daily administration tasks (ie:
setting up new users, email accounts, & domains).
ComCities.Com , at it's discretion, may assist with initial
custom setup/configuration of the server (ie: setting up new
users, email accounts, & domains, and/or software
modifications). ComCities.Com will install & supported
software purchased through ComCities.Com (ie: clientexec
,SSL Cert ) at no additional charge,
Section 8 Uptime Guarantee
Personal Web Hosting Account and Reseller Hosting packages
Include 99% uptime guarantee. But guarantee credit does not
cover scheduled downtime. To clam guarantee credit please
E-mail billing[@]comcities.com with your account details
with in 7 days.
Dedicated and VPS (Virtual Private Server) Servers and
Shoutcast and Media Hosting Account Clients please contact
support[@]comcities.com, We utilizes many data centers so
guarantee depend on a each data center policies
LIMITATION OF LIABILITY: ComCities.Com (PLATINUM
ONLINE PVT LTD) shall not be responsible for any claimed damages,
including incidental and consequential damages, which may
arise from our servers going off-line or being unavailable
for any reason whatsoever. ComCities.Com (PLATINUM ONLINE PVT LTD)
shall neither be responsible for any claimed damages,
including incidental or consequential damages, resulting
from the corruption or deletion of any web site from one of
our servers. All damages shall be limited to the immediate
termination of service.
DISCLAIMER: ComCities.Com cannot be held liable for
system downtime, crashes, or data loss. We cannot be held
liable for any predicted estimate of profits in which a
client would have gained if their site was functioning.
Certain services provided by ComCities.Com are resold. Thus,
certain equipment, routing, software, and programming used
by ComCities.Com are not directly owned or written by
ComCities.Com (PLATINUM ONLINE PVT LTD). Moreover, ComCities.Com
(PLATINUM ONLINE PVT LTD) holds no responsibility for the use of our
clients accounts. If any terms or conditions are failed to
be followed, the account in question will be automatically
deactivated. We reserve the right to remove any account
without advanced notice for any reason without restitution
as ComCities.Com (PLATINUM ONLINE PVT LTD) sees fit. FURTHERMORE,
ComCities.Com retains the right to change any or all of the
above Policies, Guidelines, and Disclaimer without
notification.
CHANGES TO THE TOS - ComCities.Com (PLATINUM ONLINE PVT LTD)
reserves the right to revise its policies at any time
without notice.
