Overview

These Terms and Conditions govern the provision of the Semi-Dedicated server hosting services (referred herein as the 'Service(s)') provided by 'Online Presence Solutions' (ABN 15 397 950 209), an Australian company in association with LiquidNet Ltd., registered in the United Kingdom, registration No. 4654498. 'Online Presence Solutions' and LiquidNet Ltd. will be referred to as 'Online Presence Solutions' for the sake of brevity in this document.

When signing up for a Dedicated hosting account with 'Online Presence Solutions', the Customer agrees to abide by the rules and provisions explicated in these Dedicated Terms of Service, as well as all the coherent policies (Order Verification Policy, Acceptable Use Policy, etc.) mentioned herein.

The Customer of our Services should also be aware that when signing up for a Dedicated hosting account with 'Online Presence Solutions', he/or she agrees to position data on our servers and make it accessible to the wide internet public. In this respect, the Customer understands and agrees that it is beyond the power of 'Online Presence Solutions' to restrict any public access to this data and guarantee the security of the Customer's files. The Customer, therefore, is completely in charge of protecting his/her web content on our servers and should consider carefully each piece of information before uploading it to his/her newly allocated Dedicated server space. We highly recommend that Customers avoid publishing online personal data that could be abused.

I. Service agreement; Entire agreement

 'Online Presence Solutions' shall provide its Services to You - the Customer - under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to keep the integrity of both 'Online Presence Solutions' and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our Services.

The Service Agreement, together with the Order Form, the Acceptable Use Policy (AUP), and any other policies or agreements mentioned in this document, constitute the whole act of convention between 'Online Presence Solutions' and the Customer.

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II. Dedicated server hosting services - Features, rules for activation and payment basis 

1. Rules for activation and monthly payment basis of the dedicated  server hosting service 

Upon submision of the online order form, the Customer agrees to abide by our Order Verification Policy and the following provisions:

1. The payment of the Dedicated service is set up on a monthly basis. The Customer agrees to pay for the rendered dedicated Server in advance for each monthly service term.
2. Non-Payment of the service shall result in a immediate service disconnection. Customers failing to secure payment by the time of the due date will incur service interruption. The data hosted on the Dedicated server will be kept for one month, after that it will be permanently deleted.
3. Setup fees and monthly service fees are non-refundable. The Customer agrees to a no-refund policy in advance.

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III. Service guarantees; Data backup 

1. Service guarantees

The Provider guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:

1. Server Hardware Breakdown
2. User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, 'Online Presence Solutions' is not responsible for the downtime)
3. Failure due to software that is not explicitly supported by 'Online Presence Solutions'. If a hardware crash provoked by the Customer consequently happens, 'Online Presence Solutions' is beyond the control and responsibility for the resulting downtime.

For more information, please refer to our Service Level Guarantees.

2. Data backup 

Due to the specificity of the Dedicated server hosting service, providing Customers with fully independent and self-managed hosting environment, the DATA BACKUP of all Customer's website contents and databases is solely Customer's responsibility.

A 50 GB FTP backup storage is available as a part of our Managed Services Package. It is also available as a separate upgrade option.

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IV. Service activation and continuance timescales

1. Service activation

a. 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 canceled.

b. 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.

2. Continuance timescales

a. Dedicated Server Accounts

The newly-created Dedicated server hosting accounts with 'Online Presence Solutions' are valid for 1 month. They can be renewed on a monthly basis, i.e. for another month that will be added to the official expiration date of the Semi-Dedicated server account.

b. Domain Name Registrations/Transfers

'Online Presence Solutions' offers for registration/transfer all TLDs (Top-Level Domains) displayed in the table below. A domain name can be purchased either at sign up together with the Dedicated account (at a regular or PROMOTIONAL price) or separately (later on) as an upgrade from the Customer's Dedicated management account. The Customer agrees to abide by the Provider's Domain Name Registration Agreement and Domain Name Dispute Resolution Policy. The table below displays their main features, as well as the annual NON-PROMOTIONAL prices of all TLDs:

c. Domain Renewals

Domain names are valid for the period of their registration (domain names can be registered for up to 10 years, depending on the domain name's TLD extension). After the expiration of a domain name several stages follow regarding its renewal.

d. Domain name Redemption Grace Period (RGP)

Is a registry level period of up to 30 days after a 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.

e. Extended Redemption Grace Period

The extended redemption 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.

f. Pending Delete Period

It comes after the redemption period of an expired domain name is finished. It is 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.

g. Released by Registry Period

After the domain name's 'Pending Delete Period' is over, the domain name is released back into the public pool of domain names and is newly available for registration.

We strongly recommend that Customers renew their domain registrations before their domain names are placed into redemption period. After a domain name transits in redemption period, we are not able to prevent its zone files from being removed from the DNS system, and any web site and associated services will cease working.

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V. Cancellation, refund & money back; Chargebacks

1. Cancellations

In order to cancel a Dedicated server account, the Customer must send a support ticket to 'Online Presence Solutions''s Sales Department via his/her Dedicated management account and provide any authentication credentials requested by 'Online Presence Solutions'. Other forms of cancellation requests will not be accepted.

2. Refunds

a. Dedicated server accounts

The Dedicated server accounts are set up on a monthly prepay basis. Customers may cancel their accounts at any time, however they will not be entitled to a refund for the unused period of the prepaid month, since these services do NOT include Money Back Guarantee. Any incentives offered to the Customers upon sign-up will be also canceled.

b. Domain Name Registrations/Transfers

Domain name registrations/transfers are also treated as non-refundable services and cannot be cancelled or refunded after activated upon Customer request. The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.

3. 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 with 'Online Presence Solutions' will be subject to full investigation.

When signing up for a Dedicated server account with 'Online Presence Solutions' the Customer agrees to the terms and conditions explicated in this document (and its coherent policies). Thus, 'Online Presence Solutions' and its 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 'Online Presence Solutions''s Customer Care team will be to try to contact the user. Meanwhile, the Customer's Dedicated server 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 the authorized retailers and eventually the account will be re-activated.

If the Customer has sent a chargeback request based on groundless argumentations (according to 'Online Presence Solutions''s own judgment and these Semi-Dedicated Terms of Service), then a dispute will be started with the authorized retailers in which these Terms of Service and the AUP of 'Online Presence Solutions' will serve as evidence 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 'Online Presence Solutions' has the right to a reverse payment.

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VI. Hosting reseller tools

A collection of free hosting reseller tools : a free billing software (ClientExec) and a free domain reseller account is available with each Dedicated Server hosting package. All bonuses are given per customer's request.

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VII. Customer responsibilities

1. 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 'Online Presence Solutions' has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, 'Online Presence Solutions' 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 'Online Presence Solutions' 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 'Online Presence Solutions', 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 'Online Presence Solutions' 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. The Provider 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 Dedicated hosting account is registered with details different than those of the person who paid for the account, and in the case of any dispute, 'Online Presence Solutions' 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 'Online Presence Solutions' 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, 'Online Presence Solutions' 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.
• The client is obliged not to delete the provider's SSH key, which provides root access to the server. The root access will be used by the provider in 2 cases only:
  1. When there is a problem with the server and, as a result, certain services do not run properly - the provider may fix it as he sees fit.
  2. When there is a report from a third party concerning some sort of abuse, for example, spam, the provider can identify the spammer and suspend him, of which case the client who is in charge of the server will be duly informed. The client, on the other hand, is obliged not to let problems of such kind happen again, whether or not involving that particular abuser. If there are repeated abuse reports - the provider will charge the client $20 for each report, because the latter is obviously unwilling to assist in terminating the abuse actions on the given server.
• The client is also obliged not to terminate the SNMP service activated by the provider to keep track of the used IPs on the server. Upon a termination of the SNMP service -the provider will inform the client and the client will have to reactivate the service in 48 hours. If the client does not cooperate - the provider can suspend the client's access to the server at his own discretion.

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VIII. No unlawful or prohibited use

1. Server usage

'Online Presence Solutions' expressly bans the use of any Dedicated server hardware or software for trying to illegally access another hosted machine or network. Customers may not attempt to gain unauthorized access to any of 'Online Presence Solutions' Services, other accounts, computer systems or networks connected to any of 'Online Presence Solutions''s Services, through hacking, password mining or other means of close nature. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by 'Online Presence Solutions''s Services. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our Acceptable Use Policy (AUP). If you still have inquiries over the matter, feel free to contact any of our Customer Care representatives.

2. Hosted content

Server content MUST comply with the parameters stated in this TOS and our Acceptable Use Policy. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of 'Online Presence Solutions''s Services are used for the illegal purpose of SPAM or UCE, they will be instantly terminated. Customers are solely responsible for the content of their messages. Using 'Online Presence Solutions''s 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, 'Online Presence Solutions' 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. 'Online Presence Solutions' Dedicated 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 'Online Presence Solutions''s Dedicated Terms of Service (this document) and the Acceptable Use Policy (AUP).

3. Customer agreement

As a condition for Customer use of 'Online Presence Solutions''s Services, you - the Customer, agree that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and our Acceptable Use Policy (AUP). Our Dedicated 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. We reserve the right at any time to disclose any information, as 'Online Presence Solutions' deems necessary, to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove from the Services any information or materials, in whole or in part, in the sole discretion of 'Online Presence Solutions'.

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IX. E-commerce customer websites

When buying a Dedicated server for the purpose of creating an e-commerce online store or related e-commerce activities website, the Customer agrees to be fully responsible for the development, operation and maintenance of his/her web site/online store and e-commerce activities within that website. The Customer is the only one in charge of approving, processing and filling client orders and taking care of client 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 clients' 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, 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 'Online Presence Solutions' 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 'Online Presence Solutions' 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 'Online Presence Solutions' to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. The Provider is granted the right to estimate, at its own discretion, the extent to which these operations may be carried out.

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X. Refusal of service

1. Service denial

'Online Presence Solutions' will thoroughly scrutinize all received orders and decide, to its own discretion, which of them do not comply with the officially stated requirements for use of 'Online Presence Solutions' Dedicated servers. 'Online Presence Solutions' reserves the right to refuse Service to unlawful parties.

2. Service discontinuance

'Online Presence Solutions' reserves the right to discontinue the provision of the Service (or any part thereof) to any subscriber that has violated these Terms, as well as remove and discard any Content within the Service, that 'Online Presence Solutions' deems, at its sole discretion, has violated any condition of the Service explicated in these Terms and Conditions and/or the Acceptable Use Policy.

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XI. Miscellaneous

1. Notices

Notices, including notices concerning breach of this Agreement will be sent either to the e-mail address provided by the Customer at sign up, OR mailed by first class mail to the postal address that the Customer has on file with 'Online Presence Solutions'. In both cases, delivery shall be deemed to have been made five (5) days after the notice has been sent. Notices from the Customer to 'Online Presence Solutions' should be sent to the address provided on 'Online Presence Solutions''s website.

2. Complaints procedure

The Provider guarantees highest level Customer Care service round the clock. If you feel dissatisfied with any aspect of the Service, feel free to make use of our complaints procedure detailed below.

In order to file a complaint, please send us an email to This email address is being protected from spambots. You need JavaScript enabled to view it., specifying the nature of the problem you are experiencing. Please, provide 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. 'Online Presence Solutions' will confirm receipt of your complaint in writing, confirming that the complaint will be addressed without delay. We reserve the right to refuse to investigate a complaint that is obviously frivolous, abusive or offensive.
2. A Customer Care representative will review your situation, look for an appropriate solution and inform you of the timeframe within which a response should be expected.
3. If 'Online Presence Solutions''s Customer Care representative can't resolve your complaint within the pre-announced period, your complaint will be escalated to a Customer Care manager.
4. If the Customer Care manager can't resolve your complaint, as well, it will be forwarded to the Company Director, who will investigate the case to ensure that all necessary measures have been taken and will respond in writing within two working days, and reply with a solution within five working days.

An alternative complaint method is submitting a fax to the following number: +1.510.868.6446

3. Torturous conduct

Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to undermine 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 'Online Presence Solutions' Customer Care stuff will be interpreted as a breach of this TOS. 'Online Presence Solutions' 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.

4. Customer care service

Customers can get in touch with our Customer Care representatives via any of the options listed below.

a. Technical Support

Due to the specificity of the Service, Customers are fully in charge of the management and maintenance of their Dedicated servers. However, if they need assistance or want to leave this task to our highly-qualified administrators department, they can avail of our Fully Managed Support service available at a monthly fee of $30 USD. Additional software installation and troubleshooting, which are not included in the Managed Support Package will cost $60 USD.

b. Pre-sale and general questions

1. Phone or Fax us at:

AU Phone : +61-2-8014-8213
UK Phone : +44-20-7993-2673
USA Fax: +1-510-868-6446
International Phone: +1-510-870-0646
USA Toll Free Phone: +1-800-574-0902

2. E-mail us using our Contact Us form
3. Use our Live Chat
4. Send us a Letter to:
13 Craigleith
7 Kersfield Road
Putney, London SW15 3HN
United Kingdom

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XII. General regulations

1. Governing law

This Agreement shall be governed by and construed in accordance with the laws of England.

2. Arbitration

Any controversy or claim arising out of or relating to this Agreement, or any breach of this Agreement, in excess of $250.00 USD, will be settled in accordance with the commercial arbitration rules of the American Arbitration Association.

3. Enforcement

Failure to enforce any of the provisions of this Agreement shall in no way be considered to be a waiver of these provisions, or to affect in any way the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

4. Indemnification

The Customer agrees to indemnify 'Online Presence Solutions', its management body and employees (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, court actions, proceedings or judgments (collectively, "Losses") to which the Indemnified Party may become subject, and out of which Losses arise or relate to this Agreement or the Customer's use of the Services. The Customer agrees to reimburse the Indemnified Party for all legal and other expenses, including any attorney fees paid by the Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which the Indemnified Party is a party.

5. Limitation on 'Online Presence Solutions' liability

a. Force Majeure Circumstances

'Online Presence Solutions' shall not be liable for any failure in the provision of the Services to the Customer resulting, directly or indirectly, from any:

1. Weather conditions and natural disasters
2. Actions of any governmental or military authority
3. Failure caused by telecommunications or Internet provider
4. Or other force or occurrence beyond its control.

b. Damages & Losses

'Online Presence Solutions' shall not be liable for

1. Any indirect, incidental, special or consequential damages, OR for any loss of profits or loss of revenues resulting from the use of 'Online Presence Solutions''s Services by the Customer or any third parties
2. Any loss of data resulting from delays, non-deliveries or service interruptions.

c. Service Provision

'Online Presence Solutions' provides the Services on an "AS IS" basis, without any warranties, including but not limited to, implied warranties, merchantability, or fitness of the Services for any particular purpose. The Customer shall be solely responsible for the selection, use and suitability of the Services, and 'Online Presence Solutions' shall have no liability therefore.

6. Assignment

Customers do not have the right to assign this Agreement without the explicit permission of 'Online Presence Solutions'. This Agreement shall be in force and effect to the total benefit of the Customer and 'Online Presence Solutions' and their successors and permitted assignees.

7. Revisions

'Online Presence Solutions' reserves the right to revise this document at any time, without prior notice. Customers are encouraged therefore to periodically review these Dedicated Terms of Service and the Acceptable Use Policy.

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