Overview These Universal Terms of Services (this policy 4.0) defines the Terms of Service, Terms of Payment, and Acceptable Use policies for all customers of PLANET SMALL BUSINESS.
Purpose The purpose of this policy is to outline the the specific terms that YOU the customer will READ, AGREE TO, and ACCEPT prior to any use of PLANET SMALL BUSINESS Services.
Scope This policy applies to all customers of PLANET SMALL BUSINESS, including all persons and personnel affiliated with third parties of PLANET SMALL BUSINESS customers. This policy applies to all Services that are offered by PLANET SMALL BUSINESS.
Policy
Terms of Service
Definitions: This Agreement (herein "Agreement") is by and between PLANET SMALL BUSINESS (herein “PLANET SMALL BUSINESS") and YOU, YOUR heirs, agents, and successors (herein "YOU" and/or “YOUR”), and is made effective as of the date of electronic execution (Section 4.1.3). This Agreement sets forth the terms and conditions of YOUR use of PLANET SMALL BUSINESS Services (herein “Services”) and explains PLANET SMALL BUSINESS’ obligations to YOU and YOUR obligations to PLANET SMALL BUSINESS in relation to the Services YOU purchase. The titles and headings in this Agreement are descriptive only and in the event of a conflict between a title and/or heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
General Terms: These PLANET SMALL BUSINESS Terms of Service (this Agreement) and PLANET SMALL BUSINESS’ Acceptable Use Policy (herein “Acceptable Use Policy” and/or "AUP") govern YOUR purchase and use of all PLANET SMALL BUSINESS services, as described in the Order Form(s) submitted by YOU and accepted by PLANET SMALL BUSINESS. YOU must register and accept the terms of this Agreement and the AUP in order to use the Services.
Electronic Agreement Execution: BY CLICKING ON THE "Place Order" BUTTON, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THE AUP AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES AND GUIDELINES OF THE AUP, WHICH ARE INCORPORATED HEREIN BY REFERENCE .
Term of Agreement Modifications: YOU agree that PLANET SMALL BUSINESS may, at PLANET SMALL BUSINESS’ sole discretion, modify the Terms and Conditions of this Agreement, the AUP, and Services at any time. YOU agree to be bound by any changes PLANET SMALL BUSINESS may reasonably make to this Agreement when such changes are made. If YOU have purchased Services from PLANET SMALL BUSINESS, the term of this Agreement shall continue in effect as long as YOU take advantage of and use the Services. Continued usage of PLANET SMALL BUSINESS Services following PLANET SMALL BUSINESS posting any modifications constitutes YOUR acceptance of these modifications. In the event YOU terminate YOUR usage, PLANET SMALL BUSINESS will not refund any amounts YOU have paid for services rendered. YOU agree that PLANET SMALL BUSINESS shall not be bound by any representations made by third parties who YOU may use to purchase Services from PLANET SMALL BUSINESS, and that any statement of a general nature, which may be posted on PLANET SMALL BUSINESS’ Web site or contained in PLANET SMALL BUSINESS’ promotional materials, will not bind PLANET SMALL BUSINESS. PLANET SMALL BUSINESS may, at times, offer certain promotions with different charges and features. YOU agree that YOU will be responsible for notifying PLANET SMALL BUSINESS should YOU desire to terminate YOUR use of PLANET SMALL BUSINESS’ Services. Notification of YOUR intent to terminate must be provided to PLANET SMALL BUSINESS no earlier than 10 days prior to YOUR billing date but no later than three days prior to YOUR billing date.
Exclusive Agreement: This Agreement as well as any additional PLANET SMALL BUSINESS policies, together with all modifications thereto, constitute the complete and exclusive agreement between YOU and PLANET SMALL BUSINESS concerning YOUR use of PLANET SMALL BUSINESS Services, and supersede and govern all prior proposals, agreements, or other communications. All PLANET SMALL BUSINESS policies and agreements specific to particular Services are incorporated herein and made part of this Agreement by reference, including the Dispute and Refund Policy (Section 4.2.12). By purchasing PLANET SMALL BUSINESS Services, YOU acknowledge that YOU have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which PLANET SMALL BUSINESS may establish, and any agreements that PLANET SMALL BUSINESS is currently bound by or will be bound by in the future.
Agent Agreement: In addition to transactions entered into by YOU on YOUR behalf, YOU also agree to be bound by the terms of this Agreement for transactions entered into on YOUR behalf by anyone acting as YOUR Agent, and transactions entered into by anyone who uses the account YOU have established with PLANET SMALL BUSINESS, whether or not the transactions were in YOUR behalf.
Intellectual Property: YOU agree that PLANET SMALL BUSINESS holds all rights, title and interest in all Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. YOU acknowledge that no title or interest in such Intellectual Property Rights is being transferred to YOU and YOU agree to make no claim of interest in any such Services. YOU understand and agree that all content and materials contained in this Agreement, other policies, the PLANET SMALL BUSINESS Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that PLANET SMALL BUSINESS expressly reserves its rights in and to all such content and materials. YOU further understand and agree that YOU are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of PLANET SMALL BUSINESS. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to YOU or conferred upon YOU by this Agreement or otherwise.
Representations and Warrants: YOU represent and warrant that YOU have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that YOU own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. YOU represent and warrant that YOU are 18 years of age or older, or that YOU have an agent authorized by law to represent YOU who is 18 years of age or older who is entering into this Agreement on YOUR behalf. YOU warrant that each action YOU make is being done so in good faith and that YOU have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. PLANET SMALL BUSINESS expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of PLANET SMALL BUSINESS , as well as its affiliates, subsidiaries, officers, directors and employees. PLANET SMALL BUSINESS also reserves the right to freeze a domain name during resolution of a dispute.
Limitation of Liability: IN NO EVENT SHALL PLANET SMALL BUSINESS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF PLANET SMALL BUSINESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, PLANET SMALL BUSINESS’ liability is limited to the full extent permitted by law. YOU agree that in no event shall PLANET SMALL BUSINESS’ maximum aggregate liability exceed the total amount paid by YOU for the particular Software or Service in dispute purchased from PLANET SMALL BUSINESS.
Disclaimed Warranties: PLANET SMALL BUSINESS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an "As Is" and "As Available" basis. PLANET SMALL BUSINESS makes no warranty that its services will meet YOUR requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. PLANET SMALL BUSINESS does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
Indemnification: YOU agree to defend, indemnify and hold harmless PLANET SMALL BUSINESS and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to YOUR (including YOUR agents affiliates, or anyone using YOUR account, software or services with PLANET SMALL BUSINESS whether or not on YOUR behalf, and whether or not with YOUR permission) use of the Services YOU purchased from PLANET SMALL BUSINESS or YOUR breach of this Agreement or incorporated agreements and policies. In addition, YOU agree to indemnify and hold PLANET SMALL BUSINESS harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by YOU, or any allegation that YOUR account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of YOU elsewhere. Should PLANET SMALL BUSINESS be notified of a pending law suit, or receive notice of the filing of a law suit, PLANET SMALL BUSINESS may seek a written confirmation from YOU concerning YOUR obligation to indemnify PLANET SMALL BUSINESS. YOUR failure to provide such a confirmation may be considered a breach of this agreement. YOU agree that PLANET SMALL BUSINESS shall have the right to participate in the defense of any such claim through counsel of its own choosing. YOU agree to notify PLANET SMALL BUSINESS of any such claim promptly in writing and to allow PLANET SMALL BUSINESS to control the proceedings. YOU agree to cooperate fully with PLANET SMALL BUSINESS during such proceedings. YOU agree YOU will not be entitled to a refund of any fees paid to PLANET SMALL BUSINESS if, for any reason, PLANET SMALL BUSINESS takes corrective action with respect to YOUR improper or illegal use of its services. YOU also agree that if PLANET SMALL BUSINESS is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding YOUR account with PLANET SMALL BUSINESS, that PLANET SMALL BUSINESS, in its sole discretion, may take whatever action PLANET SMALL BUSINESS deems necessary regarding further modification, assignment of and/or control of YOUR account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
Venue of Governing Law: This agreement shall be deemed entered into in the State of Ohio. Except for disputes concerning the user of a domain name registered with PLANET SMALL BUSINESS, YOU agree that the laws and judicial decisions of Franklin County, Ohio shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. YOU agree that any action relating to or arising out of this Agreement shall be brought in the courts of Franklin County, Ohio. For the adjudication of disputes concerning the use of any domain name registered with PLANET SMALL BUSINESS, YOU agree to submit to jurisdiction and venue in the U.S. District Court for the District of Southern Ohio located in Columbus, Ohio.
Waiver of Trial By Jury: YOU agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
Severability: YOU agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain intact and in full force and effect.
Waiver: The failure of PLANET SMALL BUSINESS to enforce any of the provisions within this Agreement against YOU or others shall not be construed to be a waiver of the right of PLANET SMALL BUSINESS thereafter to enforce such provisions.
Force Majeure: PLANET SMALL BUSINESS will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may result in temporary service interruptions. YOU agree not to hold PLANET SMALL BUSINESS liable for any of the consequences of such interruptions.
Survival: All sections and provisions of this Agreement pertaining to YOUR warranties, intellectual property rights, limitation and exclusion of liability, YOUR indemnification obligations and payment obligations will survive the termination or expiration of the Agreement.
No Third Party Beneficiaries: Nothing in this Agreement, expressed or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
Terms of Payment
Term: This Agreement will be for the “Initial Term” of 3 months, 6 months, 1 year, or 2 years from the date the Services are first provided by PLANET SMALL BUSINESS defined by YOUR selection of the Term length at the time of purchase. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term or at the end of any Renewal Term for a period equal to the length of your “Current Term” unless YOU provide PLANET SMALL BUSINESS with written notice of termination at least 14 days before the end of YOUR Current Term. To provide YOUR notice of termination, YOU must submit a ticket to the Billing department via the "Contact Us" form to initiate the cancellation of YOUR service.
Termination: This Agreement may be terminated: (i) by YOU or PLANET SMALL BUSINESS during ANY Term, without cause, by giving the other party 5 days prior notice. PLANET SMALL BUSINESS will refund the entire fee if cancelled no later than 15 days after your renewal date, (ii) by PLANET SMALL BUSINESS in the event of nonpayment by YOU as provided in Section 4.2; and (iii) by PLANET SMALL BUSINESS, at any time, without notice if, in PLANET SMALL BUSINESS’ sole judgment, YOU are in violation of any terms or conditions of the AUP (Section 4.3). If YOU terminate this Agreement, or if PLANET SMALL BUSINESS terminates this Agreement for YOUR breach, before the end of ANY Term, YOU will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts YOU owe to PLANET SMALL BUSINESS under this Agreement.
Account Accuracy: YOU agree to maintain accurate information by providing updates to PLANET SMALL BUSINESS, while YOU are using PLANET SMALL BUSINESS’ Services. YOU agree to notify PLANET SMALL BUSINESS within five (5) business days when any change of the information YOU provided as part of the application and/or registration process changes. Failure by YOU, for whatever reason, to respond within five (5) business days to any inquiries made by PLANET SMALL BUSINESS to determine the validity of information provided by YOU constitutes a material breach of this Agreement. YOU agree that PLANET SMALL BUSINESS may use and rely on any such information provided by YOU for all purposes in connection with YOUR Services, subject to PLANET SMALL BUSINESS’ Privacy Policy (Section 6.0). If YOU provide any information that is inaccurate, not current, false, misleading or incomplete, or if PLANET SMALL BUSINESS has reasonable grounds to suspect that YOUR information is inaccurate, not current, false, misleading or incomplete, PLANET SMALL BUSINESS has the absolute right and sole discretion to terminate YOUR Services and close YOUR account.
Service Payment Agreement: For the Services purchased by YOU and provided to YOU by PLANET SMALL BUSINESS, YOU agree to pay PLANET SMALL BUSINESS at the time of YOUR order for the Initial Term that YOU purchased. Fees for the unused portion of your renewal period are refundable for up to the first 15 days of the current month of the term.
Service Auto Renewal: PLANET SMALL BUSINESS will automatically renew YOUR Services five (5) days prior to the end of YOUR Current Term and for the length of YOUR Current Term and will take payment from the payment information YOU have on file with PLANET SMALL BUSINESS, at PLANET SMALL BUSINESS’ then current rates. PLANET SMALL BUSINESS expressly reserves the right to modify pricing through email notification and/or notice on its Web site.
Domain Name Registration: Upon registering YOUR domain name, YOU are bound by the terms of the registration service's then current domain name policy and the policies of the National DNS Registration Authorities. PLANET SMALL BUSINESS will not refund any fees YOU paid with respect to the registration of a domain name YOU are unable to use. All new Web Hosting accounts involving new domains will be set up and entered into PLANET SMALL BUSINESS DNS servers within 1 to 3 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by YOU, there will be no handling fee. If the domain is registered by PLANET SMALL BUSINESS on YOUR behalf a handling fee will be incurred. New Web Hosting accounts which involve the transfer of a domain from another provider to PLANET SMALL BUSINESS will require a minimum of seven (7) days to be set up and entered into PLANET SMALL BUSINESS DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by PLANET SMALL BUSINESS on YOUR behalf, a handling fee will be charged. These charges are non-refundable even if YOU cancel YOUR service during the transfer period for any reason.
Domain Name Auto Renewal: PLANET SMALL BUSINESS will automatically renew YOUR registered domain name(s) 30 days prior to domain name expiration. Domain names must be renewed no later than 27 days after expiration to avoid additional fees. Domain names can be renewed between 28 and 59 days for a $300 fee. After 59 days, domain names will be released according to the registrar's discretion. If payment is received after a domain's expiration date, it is the responsibility of the customer to contact PLANET SMALL BUSINESS to ensure renewal is completed prior to domain entering the redemption period. If notification is not received within 15 days of domain expiration, PLANET SMALL BUSINESS is not responsible if the domain enters into the redemption period or is released.
SSL Certificate Registration: Upon registering a personalized SSL Certificate for your domain name, YOU are bound by the terms of the registration service's then current policy. PLANET SMALL BUSINESS will not refund any fees YOU paid with respect to the registration of a SSL Certificate YOU are unable to use. If the SSL Certificate is obtained by YOU, there will be no handling fee. If the SSL Certificate is registered by PLANET SMALL BUSINESS on YOUR behalf a handling fee will be incurred.
Payment Method: All payments must be made by YOU using a valid Funding Source. A valid Funding Source is a credit card, debit card, or PayPal account. YOU authorize PLANET SMALL BUSINESS to charge YOUR Funding Source to pay for any Services or Fees that may apply to YOUR account. It is YOUR responsibility to keep YOUR Funding Source current, to have available funds in it and to have YOUR PayPal Account (if applicable) backed by a valid credit card. YOU agree that PayPal and PLANET SMALL BUSINESS will not be responsible for payments that fail to go through as a result of YOUR Funding Source no longer existing, or holding insufficient funds. YOUR payment information on file must be kept valid.
Payment Method Notification: YOU must notify PLANET SMALL BUSINESS of any changes to YOUR Funding Source (including, applicable account number or cancellation or expiration of the account), YOUR billing address, or any information that may prohibit PLANET SMALL BUSINESS from charging YOUR account.
Pursuit of Payment: If for any reason PLANET SMALL BUSINESS is unable to charge YOUR Funding Source for the full amount owed to PLANET SMALL BUSINESS, or if PLANET SMALL BUSINESS is charged back a penalty for any fee it previously charged to YOUR Funding Source, YOU agree that PLANET SMALL BUSINESS may pursue all available remedies in order to obtain payment. YOU agree that among the remedies PLANET SMALL BUSINESS may pursue in order to effect payment, shall include but are not limited to, immediate cancellation without notice to YOU of any domain names or Services registered or renewed on YOUR behalf. PLANET SMALL BUSINESS reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to YOU. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties YOU have elected to use as payment methods, including PayPal, and disputes that require legal services. These charges will be billed YOUR Funding Source. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, YOU agree that PayPal and PLANET SMALL BUSINESS may pursue all available remedies in order to obtain payment. YOU agree that if the transaction is returned unpaid, YOU will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from YOUR account by PayPal or charged to YOUR Funding Source.
Failure to Pay: YOUR failure to pay for YOUR Renewal Term by the last day of YOUR Current Term will result in an invoice being sent to YOU at YOUR on-file email address. YOUR failure to pay within 15 Days of YOUR due date will result in an Overdue Notice being sent to YOU at YOUR on file email address. YOUR failure to pay within 30 days of YOUR due date will result in a Full Suspension of YOUR account and all Services registered to YOUR account. YOUR failure to fully pay any fees and taxes within 72 hours from the applicable due date is a material breach of this Agreement, justifying PLANET SMALL BUSINESS to suspend its performance and terminate this Agreement. If PLANET SMALL BUSINESS terminates for YOUR material breach, YOU will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the Current Term and any other amounts YOU owe to PLANET SMALL BUSINESS under this Agreement. YOU are responsible for any costs PLANET SMALL BUSINESS incurs in enforcing collection, including reasonable attorneys' fees, court costs and collection agency fees. To reinstate Services, YOU must pay for 3 months of Service in advance on the first day such Services are reinstated and any fees associated with reinstating Services. YOU shall pay all charges for YOUR use of the Services at the then current PLANET SMALL BUSINESS prices. YOU are responsible for paying all federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect to the Services. YOU agree that YOU are solely liable for arranging that YOUR Services are renewed, and that PLANET SMALL BUSINESS shall not be liable to YOU or any third party if it is unable to charge YOUR Funding Source in order to renew YOUR Services.
Disputes and Refunds: All payments to PLANET SMALL BUSINESS are nonrefundable. This includes any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If YOU dispute a charge to YOUR credit card issuer that, in PLANET SMALL BUSINESS’ sole discretion is a valid charge under the provisions of this Agreement and/or the AUP, YOU agree to pay PLANET SMALL BUSINESS an "Investigation Fee" of $100.00.
Acceptable Use Policy (AUP)
Use of Services: The Acceptable Use Policy (AUP) governs the general policies and procedures for PLANET SMALL BUSINESS Use of Services. The AUP is posted on the Web site or such other location as PLANET SMALL BUSINESS may specify and may be updated from time to time. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS TO THE TERMS. PLANET SMALL BUSINESS MAY TERMINATE YOUR ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR THIS AGREEMENT.
Conditions: As a condition of YOUR use of PLANET SMALL BUSINESS’ Services, YOU agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and YOU agree to comply with any applicable local, state, federal and international laws, government rules or requirements. YOU agree YOU will not be entitled to a refund of any fees paid to PLANET SMALL BUSINESS if, for any reason, PLANET SMALL BUSINESS takes corrective action with respect to YOUR improper or illegal use of its Services. PLANET SMALL BUSINESS reserves the right at all times to disclose any information as PLANET SMALL BUSINESS 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 PLANET SMALL BUSINESS’ sole discretion. IPLANET SMALL BUSINESS has no obligation to monitor YOUR use of purchased Services. PLANET SMALL BUSINESS reserves the right to review YOUR use of the Services and to cancel the Services in its sole discretion. PLANET SMALL BUSINESS reserves the right to terminate YOUR access to the Services at any time, without notice, for any reason whatsoever. PLANET SMALL BUSINESS reserves the right to terminate Services if YOUR usage of the Services results in, or is the subject of, legal action or threatened legal action, against PLANET SMALL BUSINESS or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. PLANET SMALL BUSINESS may review any account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed acceptable levels.
Anti-Spam Policy: YOU agree that PLANET SMALL BUSINESS may immediately terminate YOUR account or any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then YOU agree to pay PLANET SMALL BUSINESS liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with YOUR account, otherwise YOU agree to pay PLANET SMALL BUSINESS’ actual damages. YOU acknowledge YOU have read and understand and agree to be bound by the terms and conditions of PLANET SMALL BUSINESS ’s Anti-spam Policy. Such terms and conditions are applicable to the use of all PLANET SMALL BUSINESS Services and are incorporated herein. PLANET SMALL BUSINESS defines spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications from the sender. This can include, but is not limited to Email Messages, Newsgroup postings, Windows system messages, Pop-up messages (aka "adware" or "spyware" messages), Instant messages (using AOL, MSN, Yahoo or other instant messenger programs), Online chat room advertisements, Guestbook or Web site Forum postings and Facsimile Solicitations. PLANET SMALL BUSINESS does not tolerate the transmission of spam. PLANET SMALL BUSINESS monitors all traffic to and from PLANET SMALL BUSINESS Web servers for indications of spamming. Customers suspected of using PLANET SMALL BUSINESS products and services for the purpose of sending spam are fully investigated. Once PLANET SMALL BUSINESS determines there is a problem with spam, PLANET SMALL BUSINESS will take appropriate action to resolve the situation. PLANET SMALL BUSINESS will not allow its servers and services to be used for the purposes described above. In order to use PLANET SMALL BUSINESS services, YOU must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but YOU must also abide by PLANET SMALL BUSINESS’ Anti-Spam Policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have already "opted-in" to receive messages from the sender specifically. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by PLANET SMALL BUSINESS, conclusive proof of opt-in may be required for an email address or fax number.
Objectionable Activities: Except as set forth below, PLANET SMALL BUSINESS may cancel YOUR use of the Services, after thirty (30) days, if YOU are using the Services, as determined by PLANET SMALL BUSINESS in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which YOU conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. In the event PLANET SMALL BUSINESS cancels or deletes YOUR Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. YOU agree YOU will not be entitled to a refund of any fees paid to PLANET SMALL BUSINESS if, for any reason, PLANET SMALL BUSINESS takes corrective action with respect to YOUR improper or illegal use of its Services.
IP Numbers: PLANET SMALL BUSINESS will maintain and control ownership of all Internet Protocol ("IP") numbers and addresses that PLANET SMALL BUSINESS may assign to YOU. PLANET SMALL BUSINESS may, in its sole discretion, change or remove any and all IP numbers and addresses.
Third Party Products: PLANET SMALL BUSINESS may provide YOU access to other third party software and/or services ("Third Party Products") through reseller relationships PLANET SMALL BUSINESS has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, YOU understand that product support for Third Party Products is provided by PLANET SMALL BUSINESS and not by the Third Party Vendor. Neither PLANET SMALL BUSINESS nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. YOU EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT YOUR SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM PLANET SMALL BUSINESS OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PLANET SMALL BUSINESS NOR ANY THIRD PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT. YOU AGREE TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT YOU SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND PLANET SMALL BUSINESS WITH RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS. YOU shall not (i) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any Third Party Product or that appear during use of any Third Party Product; or (ii) reverse engineer, decompile, or disassemble any Third Party Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Subscribers (including YOU) are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated.
Account Security: YOU agree that YOU are entirely responsible for maintaining the confidentiality of YOUR customer login, password, customer number, Funding Source information, and all "Account Access Information". YOU agree that YOU are entirely responsible for any and all activities that occur under YOUR account. YOU agree to notify PLANET SMALL BUSINESS immediately of any unauthorized use of YOUR account or any other breach of security. YOU agree PLANET SMALL BUSINESS will not be liable for any loss that YOU may incur as a result of unauthorized use of YOUR Account Access Information, either with or without YOUR knowledge. YOU further agree YOU could be held liable for losses incurred by PLANET SMALL BUSINESS or another party due to unauthorized use of YOUR Account Access Information. For security purposes, YOU should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to YOUR Account Access Information. YOU agree that YOU will be responsible for all activity in YOUR account, whether initiated by YOU, or by others on YOUR behalf, or by any other means. PLANET SMALL BUSINESS specifically disclaims liability for any activity in YOUR account, whether authorized by YOU or not.
Security: YOU agree that YOU are solely responsible for any security breaches affecting accounts, systems or servers that are determined to have originated from YOUR account. If YOUR account is responsible for or involved in any attack on or unauthorized access into another account, system or server, PLANET SMALL BUSINESS will terminate YOUR account immediately. YOU agree to pay any charges resulting from the cost associated with correcting these security breaches affecting PLANET SMALL BUSINESS or any of its other customers.
Enforcement
PLANET SMALL BUSINESS reserves the right to suspend or terminate YOUR Service(s) immediately or take any other corrective action it deems appropriate in PLANET SMALL BUSINESS’ sole discretion if in the sole judgment of PLANET SMALL BUSINESS YOUR server is the source or target of any violation of any part of this Agreement, the Terms of Service, the Terms of Payment, or the Acceptable Use Policy or for any other reason which PLANET SMALL BUSINESS chooses. If inappropriate activity is detected, all of YOUR accounts in question will be deactivated until an investigation is complete. Prior notification to YOU is not assured. In some cases, law enforcement will be contacted regarding the activity. These rights of action, however, do not obligate PLANET SMALL BUSINESS to monitor or exert editorial control over the information made available for distribution via the Services. If PLANET SMALL BUSINESS takes corrective action because of a possible violation, PLANET SMALL BUSINESS will not refund to YOU any fees YOU may have paid in advance of the corrective action.
Privacy
PLANET SMALL BUSINESS will not give any information about YOU to others without YOUR expressed permission. The PLANET SMALL BUSINESS Web site uses forms in which YOU give PLANET SMALL BUSINESS contact information (YOUR name, address, daytime telephone number, and email address) so YOU can place orders, request information and support, and make product suggestions. PLANET SMALL BUSINESS then creates an account number for YOU and if YOU choose to order from PLANET SMALL BUSINESS using a credit card, debit card, or PayPal account as a Funding Source, PLANET SMALL BUSINESS will collect YOUR Funding Source information. If YOU contact PLANET SMALL BUSINESS for support, PLANET SMALL BUSINESS will keep an internal record of what support was given. PLANET SMALL BUSINESS uses YOUR customer information only when it will be important for us to contact YOU regarding functionality changes to our products, Web site, Services, and special offers we think YOU may find valuable.
