BeoNET’s primary objective is to value and support our customers wherever, whenever and however possible. Our management and staff will provide the highest level of attention and dedication to all of our customers.
In pursuit of our primary objective, BeoNET agrees to deliver the agreed upon services, as declared in the Service Level Agreement, to our customers at the time of purchase, subject to the following Terms of Service (hereafter referred to as TOS).
In addition, the use of BeoNET's service(s) by a customer constitutes an unconditional acceptance of and agreement to BeoNET's TOS and also to, if any, third party Services Agreement. BeoNET reserves the right to change or modify the TOS at any time without notice by posting the new agreement or policies. These modifications will become effective immediately. Your continued use of the site and or services indicates your agreement with our terms; therefore, it is your responsibility to review the TOS regularly.
BeoNET offers its subscribers a "30-Day Money Back Guarantee." This guarantee allows subscriber to purchase BeoNET's services with full confidence and zero-risk. Consequently, subscriber may request a full refund within 30 days of initial sign-up and be refunded all fees paid to-date, including setup fees, less any additional over-usage and domain registration costs. Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.
This guarantee can be requested at any time within the 30 days of the commencement of service if subscriber is not satisfied with hosting services. . If the 30-day service of the subscription has been exceeded, subscriber is not eligible for this guarantee. A request for this guarantee must be emailed to email@example.com.
If requesting a refund, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how BeoNET could improve service.
BeoNET utilizes an industry standard third party Registrar for domain name registration services. Once an order is placed for a new domain name through BeoNET, we register the domain for the customer through the Registrar. Domains registered in this manner are not eligible for a refund and the cost for such domains will be subtracted from any service refund from BeoNET. If you cancel your BeoNET Hosting service, you will retain ownership of your domain name for as long as you continue to renew the domain. You may renew the domain through BeoNET or through the Registrar. Domain names are only registered for a finite period of time.
Upon becoming a domain customer of BeoNET, you will receive reminders immediately prior to the expiration of your registration inviting you to renew your domain name and specifying the amount of time you have to renew your domain name. In the event that you fail to renew your domain name in a timely fashion within that amount of time, your registration will expire and we may, at our sole discretion, elect to assume the registration and hold it for our own account, delete it, or sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon expiration date and that any expired domain name may be available for registration by a third party.
If you fail to renew your registration, your domain name may cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service. This default page may also feature advertisements posted by us for our own account.
If we, in our sole discretion, have elected to renew the registration, you will be entitled to a grace period of 30 (thirty) days during which you may re-register the domain name from us. Additional costs for the redemption and re-registration may apply. During this grace period, we may elect to post a parked page and/or revise the "Whois" registration records to include our information. The domain name may also be listed for auction and promoted as being available for auction. If the name is sold during any such auction, it will be acquired by a third party and will not remain available for re-registration by you after our stated grace period. If you do not re-register the domain name during the grace period, the auction sale will be concluded and ownership of the domain will be transferred to a third party. If you fail to renew your domain name registration during the grace period, you acknowledge that you have abandoned the domain name and that it is available for sale and registration by any third party.
At BeoNET initial and renewal pricing structure may vary.
BeoNET is offering to new customers, for a limited time, the opportunity to experience BeoNET services on a trial basis—free of charge—for a certain (defined) period. After this period, the free trial ends and the customer has the option to remain with BeoNET and select a hosting plan that meets his needs or terminate the hosting services completely.
If the customer decides to cancel the free trial period and not become a paying customer of BeoNET, he can cancel the trial period at any time. He can also reinstate at any time prior to the free trial expiration date.
BeoNET guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. Ova garancija uključuje raspoloživost mreže, servera, web servera i servisa. Ne odnosi se na područja nad kojima BeoThis guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where BeoNET has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar issues with customer's domain name, routing issues between customer location and BeoNET data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that BeoNET cannot directly influence.
Subscribers of BeoNET's services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.
Racist, intolerant, "hate", defamatory, "stalking", invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice.
All customers must be of adult age in the customers' jurisdiction to make purchases on this site. Parents or guardians of minors may make purchases on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.
Subscribers of BeoNET's services are prohibited from storing or posting content or links to content that infringe, or otherwise violate the intellectual property rights of third parties (e.g. trademark, patent or copyright infringements).
All content provided within or via this site is protected by international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of the content owner.
BeoNET offers commercially reasonable amounts of disk space and/or other resources, such as bandwidth transfer, number of email accounts or FTP accounts. File quota limits are enforced to ensure system operating integrity and reliability and are limited. The intention of BeoNET is to provide ample resources for customer convenience, so that customers needn't to worry about exceeding limits.
It is acknowledged by users of BeoNET services that these resource allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music, movies or other media are strictly prohibited and are not allowed on BeoNET servers.
It is also acknowledged by users of BeoNET services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. BeoNET takes measures to utilize the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of BeoNET services that the most of the provided services, unless otherwise noted, are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. BeoNET, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates.
It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, BeoNET reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization. Additionally, web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of BeoNET.
If a "Fair-Use" breach occurs, which's determination is solely up to BeoNET, subscriber may have to remove files from or reduce access to subscriber's account to an extent as determined by BeoNET, in order to restore full service ability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that BeoNET may have to take.
BeoNET takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of BeoNET may not use, or permit others to use, our network to partake in UCE distribution. Customers of BeoNET may not host or permit hosting of sites or information that is advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy, BeoNET will initiate an immediate investigation. During the investigation, BeoNET may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this TOS, BeoNET may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, BeoNET reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. BeoNET will notify law enforcement officials if the violation is believed to be a criminal offense.
BeoNET strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or by defect in the coding of the script. If a user script is found to be in violation of this clause, or is found to be overwhelming system resources, the user may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the user account may be suspended for further review.
Establishment of this service is dependent upon receipt of payment of stated charges by BeoNET. Subsequent payments are due on the anniversary date of the month for that month's service or whichever is the selected billing cycle.
BeoNET may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.
A subscriber may cancel his account by sending an email to firstname.lastname@example.org. UIf requesting a cancellation, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how BeoNET could improve service. The cancellation will take effect immediately and the subscriber's account will remain active until the end of the subscription.
Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of BeoNET and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that BeoNET shall not be liable for any damages arising from such causes beyond the direct and exclusive control of BeoNET. Subscriber further acknowledges that the BeoNET’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall BeoNET be liable for any special or consequential damages, loss or injury.
In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to BeoNET's DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, nameserver change of domain names is done by BeoNET on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessibility or cooperation by the domain name registration's registrar.
Some of BeoNET services may require a certain level of knowledge in the use of Internet languages, protocols, and software, while other services may be handled for you. This level of knowledge varies depending on the anticipated use and desired content of subscriber's website or the services to which you subscribe.
If BeoNET assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to BeoNET and the subscriber shall have no right to use that IP address except as permitted by BeoNET. BeoNET shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by BeoNET. BeoNET reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.
Subscriber agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer (“Agreed Usage”). BeoNET will monitor subscriber's bandwidth and disk usage. BeoNET shall have the right to take corrective action if subscriber'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 BeoNET's sole and absolute discretion, at any time deemed necessary by BeoNET. Subscriber can be warned of approaching or exceeded resource limits via email by BeoNET or its automated notification system. In any case, subscriber is obligated to monitor assigned resource usage.
Subscribers or any network users are prohibited from violating or attempting to violate the security of BeoNET's network or any and all components there in. Violations of system or network security may result in civil or criminal liability. BeoNET will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:
Subscriber agrees to only use a dedicated IP address for hosting domain names that are registered. Additionally, the domain must either point to BeoNET's nameservers, or the A record must point to the dedicated IP address assigned to that domain in the control panel. If any of these qualifications are not met, BeoNET reserves the right to switch the assigned dedicated IP address to a shared IP.
BeoNET reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact the subscriber. BeoNET will contact the subscriber as soon as it is feasible.
BeoNET reserves the right to suspend network access to any subscriber if in the judgment of BeoNET, the subscriber's account is the source or target of a violation of any of the terms of the TOS, or for any other reason which BeoNET deems necessary.
If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the subscriber in question will be deactivated until our investigation is complete. Multiple violations of the TOS will result in permanent suspension of the account without refund of any fee. With complaints of infringing or illegal content, a single complaint may be deemed sufficient for permanent suspension of the alleged infringing product. If multiple complaints of infringing or illegal content are received involving two or more products, all products under that customer's ownership and/or control are subject to permanent suspension. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber's machines were suspended if the subscriber is found to be at fault. The subscriber is also responsible for maintaining a backup of his current data at all times.
Subscriber must provide BeoNET real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.
The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that BeoNET may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other legally binding order, without consent or notification to the subscriber.
Each party (the "Indemnifying Party") hereby indemnifies the other party (the "Indemnified Party"), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorney’s fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party's representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.
If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
This TOS is subject to the governing laws of the Republic of Serbia. Courts of competent jurisdiction in Belgrade, Serbia shall hear and decide any disputes.
The subscriber is responsible for keeping a complete and current copy of their website files as a backup on a remote system (not solely on BeoNET servers).
BeoNET is NOT RESPONSIBLE for any lost files, information or data.
BeoNET makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of subscriber websites.
Although BeoNET backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the subscriber. BeoNET does not guarantee to possess the most current copy of a subscriber's website in its own backups.
BeoNET reserves the right to supply content-enriched pages, including but not limited to search engines, advertisements, directory links, etc., for non-existent user pages that are served by BeoNET to requesting sources. These pages include error pages (i.e. 404 Not Found), new account place-holder pages, unused domains and suspended user sites. All users of BeoNET have the option of creating their own error pages and content pages. Unless created by the user, such pages will default to the BeoNET provided content.
Immediately after the completion of the ordering process payment is required before the commencement of the project. The customer is responsible for providing the text, logos and requirements for the basic look and feel of the website. The customer's quick responsiveness is mandatory at all stages of the project, but particularly during the planning process. Failure to provide all required information within the specified timeframes will result in a delay or cancellation of the project. If and how much of a refund will be issued depends on the amount of work already completed and is at the sole discretion of BeoNET as defined further below.
As soon as BeoNET provides a design and project update the customer must respond within 5 (five) business days with all necessary feedback and corrections. If the customer does not respond within the specified timeframe it will be assumed that the suggested design and changes were accepted and approved so the work may progress further towards finalization.
During the project development process BeoNET provides regular design and project updates. While BeoNET performs its own testing of the entire website and functionality, the final responsibility lies with the customer to ensure that the modules and the complete project has been tested for any deficiencies or errors and to confirm that the site is operating as originally intended. It is expected that the customer responds with any feedback and corrections within the timelines specified with every update, to ensure that the project can be completed on time. If the customer does not respond within 5 (five) business days (unless pre-agreed) upon delivery of the website's final version, it will be assumed that the work is accepted and the completion of the project approved. Any further changes must be requested in the form of maintenance for the existing website.
For all projects a consolidated brief must be submitted that contains all requested information before starting the project. If the customer fails to submit the required information within 30 days of making the payment BeoNET may decide to consider the project inactive and not proceed with its implementation.
If an order is cancelled within 7 (seven) days of making the payment and before any work has been done, we will refund 75% of the payment. If the work has already begun the maximum refund will be 50% of the payment. There will be no refund if more than 50% of the work has been completed. Under special circumstances BeoNET reserves the right to negotiate and refund an appropriate portion of the amount paid by the customer.
Upon final payment and approval of the completed website design project, our client becomes the owner of the website. He is free to take his site to another developer or host with another company. Please note that all the content on the customer's website is the sole responsibility of its respective owner. BeoNET is not responsible or liable for any copyright or trademark claims regarding third party logos, trademarks or names used on the website. They are the property and responsibility of the respective owners. The customer agrees that BeoNET may use the created website in its portfolio to showcase completed work to prospective customers and for its own marketing purposes such as, but not limited to, newsletters.
Belgrade, April 2013
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