This highly structured ServerTep Email Terms of Service agreement can be
analyzed with time and requirement of the users. It is reviewed for setting forth the
rules, terms and conditions of your use of the ServerTep Email which is powered
by Open-Xchange services provided by ServerTep. According to this agreement,
you can refer a person, agent, employee or servant for using our services officially
on your behalf. In order to give authorization to any referred individual, it is
essential for you to acknowledge and follow our rules, terms and conditions. In fact,
you also need to follow any new and different rules, conditions and policies added
by us. Our terms and conditions are not limited to the Hosting Terms of Service
and Acceptable Use Policy posed in the legal section of our website. Any new and
additional rules will be incorporated by us into the Agreement. The continued use of
Services constitutes the agreement to all these terms, conditions or notices.
General Use Statements
1. Account Start-Up
You ‘must’ understand that the services offered by us are required to be linked to
an operational domain name. Buying and using our services means you belong to
the associated domain name and you have the right to access your domain name.
If you want to purchase and subscribe for services for a domain name which is not
registered with ServerTep, then you have to prove yourself to be the owner of
the domain name within 120 hours. The product purchased by us can be cancelled
with an automatic refund to your ServerTep account balance, if you fail to confirm
yourself to be the owner of the domain within given time. If you submit a timely
request to the department of Hosting – ServerTep Email Support, you may
provide you services which are required for account start-up.
2. Usage Limitations and Account Provisions
We can the right to introduce or to put some limitations towards the use of our
services to the users including the email incoming and outgoing restrictions.
You need to be aware of the minimum and maximum size of a file attachment
or email message that may be sent or received from your account. It is also
essential for the users to keep in mind the maximum disk space that is allotted
to the users on ServerTep servers. We will not be liable for failure of storing
any messages that is received or transmitted by the users. ServerTep possess
right to change practices and limits at any time according to the ‘Modification
Terms’ section of this Agreement. Each and every email account of yours has
some limitations in its allocated resources catering to the subscription plan. The
number of outgoing emails is limited to 500 per hour in accordance to the time of
your services. If your account confidence is confirmed, we can decrease the limit
of your outgoing emails. You further acknowledge ServerTep retains any right
to change the general including however not at all limited practices or limits any
time with accordance to ‘Modification Terms’ segment of the Agreement below.
3. Storage and Security
We ensure to provide complete safety and security to your account balance
and password. Without your any identification proof and without seeking your
permission and signature on legal papers, we will never change or modify
passwords to any account user. In case of any legal problems or partnerships
break-up, ServerTep will remain neutral by putting your account on hold until
and unless the issue has been solved. We will not be legally responsible for any
losses acquired by you during your time of ownership under any circumstances.
ServerTep will not be responsible for any harmful claims arising from your
ownership disputes.
You should defend and indemnify ServerTep for any harmful losses and damage
caused to your email account as well as all of your content. You need to be
responsible enough for maintaining confidentiality of your password and account
information. In fact, you will be solely responsible for any acts, omissions and
charges incurred with your account balance and password, which is stored or
transmitted on our server. It is your duty to take measures for preventing any
loss or damage caused to your content. You should be careful for ensuring
security, integrity as well as confidentiality of your email account and password
which is transmitted and stored on ServerTep servers of email content
transmitted by and stored on the ServerTep servers; as well as make sure
confidentiality of the password. ServerTep will not have any kind of liability to
you and other person for the use of the ServerTep products or services in the
violation of the terms.
4. Content
It is essential for the users to keep in mind that all the necessary data,
information, photographs, text, sound, music, software, tags, video messages,
email messages and content which are posted publicly or privately. You will be
solely responsible for uploading any of these data, messages and content on our
server.
We have no control over the uploaded content and messages which are
transmitted through the services. You need to agree that ServerTep will not
be responsible for the quality, accuracy and integrity of the content. Under any
circumstances, we will not be legally responsible for any offensive or indecent
content which is uploaded by the user. If any uploaded content result in loss and
damage of any kind, you will be solely responsible for it. The errors or omissions
in any content need to be solved by the user, because of use of any kind of
content uploaded, transmitted, emailed, or made accessible through these
Services. ServerTep has got no obligation for monitoring content transmitted
through these Services.
5. Backups
With us, you can be sure of getting quality services. The services offered by
ServerTep servers are backed up in every week. Backups are usually made
for internal purposes as well as for server restoration. It is always advisable to
keep a copy of your account content and information beforehand. ServerTep
will surely recover the data without charging any hidden costs, if the cause of
losing your data is due to an error of ServerTep. If you fail to ensure security
to your account balance which result in loss of information, we will definitely help
you to recover the data from the archive with a fee of $15.00. It is your duty to
maintain the local copies of the account content & information. Suppose loss of
the data occurs because of the error of the ServerTep, We may try to recover
data for not any charge.
User Obligations and Preventative Measures
You imply that you will follow accepted rules of “Netiquette” by using our
services. In fact, by signing this agreement, you ensure us of performing
contractual obligations deriving from this Agreement. Necessary rather preventive
actions will be taken by us in accordance to any of the activities which are
elaborated in this ServerTep Email Terms of Service agreement. In addition
to this, many other actions that contradict the spirit of this NE TOS will also be
described in this agreement.
1. Prohibited Activities
The services offered by ServerTep should not be misused by the users: The
necessary rules which you need to follow are:
• You must follow the rules, regulations, laws and ordinances of any
applicable state, local or Federal government.
• One should not allow any unauthorized users to use and access
ServerTep website and servers on your behalf.
• The users should defend ServerTep from any service attacks and
harmful losses and damages caused to the servers.
• Unacceptable material like High-Yield Interest Programs (HYIP), IRC bots,
Escrow, warez and filedump should not be uploaded or transmitted by the
users via the services without getting permission from Bank Debentures,
Spam Scripts, Brute Force Programs and Mail Bombers and sale of any
of the controlled substances without even providing any proof of the
appropriate permits beforehand,.
ß You should not engage in actions that can cause harm to ServerTep or
any other customers. Any harmful activities carried by the user may
result in blacklisting any of Our IPs by the any online spam database
and DDOS attacks for any servers. We can refuse to provide services
to our customers at any time if the user is found to be involved in any
harmful activities. Any obscene or threatening material is prohibited
in ServerTep judgement. We can remove any of these materials
from our servers without giving the user any alert notification. This
may also result in termination of an account with no refund. While
using our services and signing this agreement, you need to obey the
rules, terms and conditions which are included in this agreement. In
case, a person is found to violate our rules and Terms of Service or
Acceptable Use Policy, the account of that particular individual will be
cancelled immediately. We will not be legally responsible for damage
caused to any third party. If an account has been locked by us for
any abuse reason for more than 14 days, then we have the right to
terminate that account. So, it is essential to take necessary actions
beforehand for preventing your account from being terminated. In
fact, the backup copies of the terminated email account will also be
deleted by us with no refund. Under such circumstances, we will not
be liable for any damage or loss caused to your account balance,
arising from measures against the actions causing any kind of harm
to the ServerTep and other third party. Also, we have right to
terminate any of the account that is locked for the abuse reason for
over 14 calendar days just after a lock date, till you have taken the
corrective measures in order to remove an initial lock threat and
violation. Any kind of backup copies of email account can be deleted
permanently on termination without any refund. ServerTep cannot
be responsible for any kind of loss and damages in these cases. Any
material in the ServerTep judgment is obscene or threatening strictly
is prohibited and can get removed from the ServerTep servers right
away with and without any prior notice or might lead to the possible
warning, immediate account termination or suspension without any
kind of refund.
- According to this agreement, one should not violate the Ryan
Haight Online Pharmacy Consumer Protection Act of 2008 or any
other legislation similar to this act.
- It is always advisable to test the vulnerability of any system or
network beforehand. - You are not allowed to break any rules associated with the safety
and security of your account and password. - A user can upload data, video, messages and content as per
their requirement on our server privately without any kind of
hindrances. - With us, you can have the liberty to use access and search
services of any kind and by any means. It is only limited to
publicly supported interfaces. - You are not allowed to publish or upload any fake content, data
and messages. - The users can not advertise or promote products and services
except their own without seeking proper authorization. - According to this agreement, you are not allowed to share and
publish any indecent and pornographic materials on our servers. - We can cancel your account with immediate actions, if you
violate our rules and laws in any way or other.
ServerTep doesn’t interfere or monitor the content associated with the
services. But you have to acknowledge that we have the liberty rather
right to delete and refuse any indecent content that is transmitted via
the services. If ServerTep found any account holder violating the laws,
rules, terms and conditions that is included in this agreement, then we
can terminate the account with no refund.
2. Anti-Spam Policy
Obeying the CAN-SPAM Act of 2003 is a ‘must’ for each and every users of
ServerTep. In fact, it is also essential for you to obey all useful regulations and
rules which are described in this agreement. With us, you are prohibited from
sending a large number of unsolicited email messages. The email messages
will be considered as unsolicited if the recipients have not Confirmed Opt-In or
Closed-Loop Opt-In in to mailings from you. ServerTep keep a record of the
email message which are received and send by the user. If you fail to provide
authentic proof of such opt-ins and consents, ServerTep with consider the mass
mailing to be unsolicited. These are the following activities which are strictly
restricted by ServerTep:
- You are not allowed to make usage of the ServerTep systems and
network in order to send and receive replies to unsolicited mass e-
mail messages. - ServerTep consider transmission of unsolicited mass e-mail
messages to be spamming. - We will not be responsible for any fake signature or identifying code
of any person other than their customers engaged in any other
activity. - Your account can be terminated by us if mail bombing is done by
you by using any third party proxy and by installing proxy mailing
software in a device. - The users should appropriately configure mail servers in order to
accept and process third party emails for sending with no user
authentication or identification. - You are restricted for using weblog posts, guestbook entries,
HTTP referrer log entries, IRC/chat room messages and even text
messages for sending, receiving and even posting unsolicited a
large number of email messages.
If you are found in misusing the services offered by ServerTep in order to send
SPAM e-mail messages, then we have the right and authority to terminate your
account with a charge of $500 upon your account. In fact, you can be asked
to compensate us for sudden increase in administration expenses and costs of
redressing SPAM-related activity. If you are intentionally involved in any SPAM
activity, we have full discretion to terminate your account. In fact, involving in
SPAM activity recklessly may result in sharing important information regarding
the activities carried out by the user. All SPAM issues are taken very seriously by
us and necessary actions are taken in accordance to the problem.
Payment Terms
1. Payment Cycle
The date of purchasing the services and the payment recycle plan offered by
ServerTep will be your billing date. While signing up, if you select the automatic
renewal option, then your services will be automatically renewed by us by taking
payment catering to the designed payment method at current ServerTep rates.
2. Renewal Terms
With ServerTep, you can avail quality services at really affordable prices.
After selecting the automatic renewal option while signing up, ServerTep will
renew your services 30 days prior to the date of renewal. Overdue balance
ultimately results in locking your email account and limitations in accessing to
our services. ServerTep’s automated processing system makes the task of
renewing your subscription easy and convenient. You will get an alert notification
from us before the expiration of the services. ServerTep will not be responsible
for any invalid email address or failure of the user to receive the services
expiration notification. It is the sole responsibility of the user to renew the
services beforehand, if given the email address is very erroneous and out of
date, suppose You fail in getting any kind of services expiration notification. Also,
you will assume sole responsibility to renew the services. Suppose automatic
renewal feature can be enabled for the subscription, and ServerTep can try and
renew the Services 30days before renewal date as well as can take the payment
in accordance to designated payment method then at current Name cheap rates.
3. Failed Renewal Fees and Service Restoration
ServerTep possess the right to terminate your services by deleting your
account content automatically, if you fail to pay the due renewal fees within 30
days of the billing date of your service. In order to avail the services offered by
ServerTep, you need to pay the outstanding balance in full. You need to pay
$15.00 for restoring your account that has passed redemption periods.
ServerTep ensures you of restoring your account data and details that will
reflect the latest changes as the backup provision and restoration are governed
by section ‘Backups’ of this Agreement.
We charge $15.00 for accounts which are closed for all inquiries regarding
previous support and services. It is your duty to pay all governmental charges,
taxes and fees associated with these services.
Cancellation and Refund Terms
1. Termination Policy
If you opt for automatic renewal, while signing up after the initial term of your
agreement, your services will be renewed by us automatically as the initial
term until and unless it has been cancelled or terminated by either of the two
parties. You can have the liberty of terminating this agreement by submitting
a cancellation request through the Help-desk support system at least before 3
working days before the renewal of your service. ServerTep can cancel this
agreement at any time under any hazardous circumstances without no refund
and any prior notice. In this case, ServerTep may take control of any domain
name associated with the terminated Services. But the domain name should be
registered via ServerTep domain name registration.
The user will have to bear all costs and expenses including the reasonable
costs which are incurred by ServerTep for closing your account in the event
of termination of this agreement. All relevant information related to you on the
services will be deleted by ServerTep in case of termination. In an event of
the termination and suspension of the Services under above circumstances, You
can agree that not any prepaid fees are refunded to You; or that ServerTep
might take complete control of any kind of domain name linked with terminated
Services, given such type of domain name was been registered through the
ServerTep domain registration.
2. Refund Policy
Free trail periods are granted to the subscribers in accordance to your subscriber
plan specification.
Modification Terms
ServerTep possess right to modify and discontinue the services offered by
us with time and requirement. You agree to follow the rules and changes
which are changes, modified and added by us by purchasing our services.
Suppose you have purchased the Services from the ServerTep, then
terms & conditions of the Agreement will continue in the full force or effect
providing You take complete benefit of & use Services. By continuing using
Services after revision to the Agreement and change in the services, You
also agree to abide on and get bound by such revisions and changes. You
also agree that the ServerTep will not be liable on You and to third party
on any kind of modification, suspension and discontinuance of Services.
