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Terms of Services - Hosting

The service that is a subject to the following agreement is distributed by talismann.online and provided by «Wardena Sp. z o.o.» (a legal entity established and organized under the laws of the Republic of Poland; NIP 1132996793, REGON 383122835, KRS 0000782435).

YOU (the Client) should be aware that by signing up for an account with talismann.online, YOU absolutely agree to position data on our servers, thus making it accessible to the wide public. Hence the Client accepts that it is beyond the power of talismann.online to restrict such access and guarantee the security of your files. YOU are completely in charge of protecting your data on talismann.online servers, which suggests that you would consider carefully any piece of information before uploading it to your hosting account on talismann.online servers. Please avoid publishing personal data that could be easily obtained by the wide public and consequently abused online.

By completing the order form and purchasing a hosting plan you agree and understand that this represents your electronic signature of this document.

talismann.online PAID SERVICES:

1. SERVICE AGREEMENT

talismann.online shall provide its Services to YOU [the Client] under these Terms of Services [Agreement]. The Agreement is intended to keep the integrity of both talismann.online and the Client and to protect both parties from liability. This Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.

By completing the Order Form and any other documents or agreements additionally specified in this Agreement, the Agreement constitutes the whole act of convention between talismann.online and the Client, thus being the most significant document of the established relationship. In case a court of competent jurisdiction considers that any of the Agreement's provisions are invalid, unenforceable, or void, the remaining provisions will completely reserve their validity.

The Client's side of the Agreement could be presented by:
1) an adult individual;
2) a legal entity such as a corporation, a limited liability company etc. that is consistent with state's law system.

Moreover, if a person represents the Client for some reason, he/she should be legally authorized to act on his/her behalf, thus accepting, executing and delivering the Agreement.

YOU understand and agree that the Service is provided on "AS IS" basis and that talismann.online assumes no responsibility for the timeliness, deletion, and failure to deliver or store any Client communication or personalization settings.

2. talismann.online HOSTING SERVICES

2.1. Bandwidth - Each hosting plan includes prepaid and fixed bandwidth.

2.2. Domains Hosted - talismann.online hosting plans include domain hosting. Each hosting plan has a limit of the number of domains that can be hosted. For more information about the different plans refer to our web site.

2.3. Disk Space - Each hosting plan includes prepaid and fixed disk space.

2.4. IP Address/es - talismann.online hosting accounts do not initially include private IP addresses. In case YOU want to buy a shared hosting plan, a shared IP address will be available for your hosting account upon purchase. Please, contact the Sales Department for more details.

2.5. MySQL/PostgreSQL Database/s - All hosting plans include database/s. Please observe the hosting plan comparison page on our web site for further details or contact our Sales Department.

2.6. MySQL/PostgreSQL Database/s Quota - The allocated MySQL/PostgreSQ quota per database depends on the hosting plan. Please observe the plan comparison page on our web site for more details or contact pur Sales Department.

2.7. SSH - Secured Shell access depends on the hosting plan. For reference please observe the plan comparison page on our web site.

3. BACKGROUND OPERATIONS/ADD-ON SERVICES

All paid hosting plans of talismann.online include, but are not limited to, the following services in the hosting Control Panel: o CronTab service.

These services are offered and provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS.

talismann.online ADDITIONAL SERVICES - ADD-ONS OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS.

talismann.online REJECTS ANY IMPLIED WARRANTIES. ANY OF talismann.online EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY talismann.online, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.

4. SERVICE GUARANTEES

talismann.online guarantees 99.9% network uptime. This, however, does not refer to problems araising from:

4.1. Server Hardware Breakdown.

4.2. User error(s) or purposeful interruption(s) of the hosting service.

4.3. Failures due to software that is not explicitly supported by talismann.online. Consequently, if a hardware crash provoked by a customer happens, talismann.online is beyond the control and responsibility for the resulting downtime.

4.4. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.

5. ACCOUNT USAGE & HOSTED CONTENT

5.1. Your account content MUST comply with the parameters stated in this Agreement. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a talismann.online representative regarding any inquiries over this matter.

5.2. If any of talismann.online Services are used for the illegal purpose of SPAM, then those services will be immediatelly terminated. If unauthorized access is spotted, talismann.online reserves the right to ban without notice the use of any talismann.online hardware or software hosted on a talismann.online server for trying to illegally access another hosted machine or network.

You absolutely agree and understand that by breaking this paragraph and generally this agreement your account will be closed without notice and no refund will be issued. A chargeback of the amount will be prosecuted legally by talismann.online legal advisers to the final extend of the law.

5.3. Inactivity period

5.3.1. In 6 months time after account expiration each 7 days you will receive weekly notifications. Unless you contact us during this period, your account will be deleted.

5.3.2. If your account has been blocked due to violation of the terms of service, abuse, spam or any malicious purposes then it will be deleted in 15 days without any notice.

6. MONEY BACK GUARANTEE

talismann.online offers a 30-day money back guarantee. If you are not satisfied with our hosting service within the time frame of 30 days after you purchased the account, you need to contact our Sales Department and you will receive a full refund for your hosting plan. Any domain registrations are final and do not include any money back guarantee and will be a subject to the regular domain price per year.

7. PAYMENT AND CHARGEBACKS

All customers should abide by the following verification procedure.

7.1. Services are distributed by talismann.online and provided by «Wardena Sp. z o.o.». By signing up for these services you agree that you will be charged the respective amount for these services by the respective merchant provider under vendor name «Wardena Sp. z o.o.». When signing up for a web hosting service with talismann.online, customers agree to all specified Terms in this document. Thus, talismann.online will utilize this document as an evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order.

7.2. talismann.online will charge customers with fees based on the fee structure at the time of the sign-up process. talismann.online reserves the right to introduce changes to the packages when needed regarding price and set of features. This means that the current price list may differ from the pricing and features of the customer's account.

7.3. We always aim to keep web hosting, VPS without interruption. Therefor the services we provide will be renewed automatically unless notified prior to expiration date of the specific service.

8. WARRANTIES AND REPRESENTATIONS

talismann.online provides hosting services on an "as is" and "as available" basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers' hosting with talismann.online confronts with service interruption issues.

9. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the talismann.online Services, you will not use the talismann.online Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any talismann.online Services, other accounts, computer systems or networks connected to any talismann.online Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the talismann.online Services.

talismann.online, in its sole discretion, reserves the right to disclose at any time any piece of information that talismann.online deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove, in whole or in part, any piece of information or material.

10. THIRD PARTY

Any dealings with third parties (as well as advertisers) included within the talismann.online Services or participating in promotions, delivery and payment of goods and services, and any other terms, conditions, warranties and representations associated with such dealings or promotions, are solely between you and the advertiser or the other third party. talismann.online cannot be held responsible or liable for any part of such dealings and promotions.

11. TERMINATION

11.1. YOU agree that talismann.online, in its sole discretion, may terminate your password, account (or any part thereof) as well as the use of the Service, and remove and discard any Content within the Service, if you happen to violate these terms.

11. 2. YOU agree that talismann.online, in its sole discretion without explanation, may terminate your password, account (or any part thereof) as well as the use of the Service, and remove and discard any Content within the Service, if your actions are deemed to be malicious or unacceptable.

12. YOUR RESPONSIBILITIES

YOU are solely responsible for the content of your web pages, messages or data you or your sites's users upload on talismann.online servers. Using the talismann.online Services in connection to surveys, contests, pyramid schemes [HYIP], chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.

In consideration of your use of the Service, YOU agree to:

12.1. Provide true, accurate, current and complete information about yourself as prompted by the Service`s registration form

12.2. Maintain and promptly inform us to update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or talismann.online has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, talismann.online has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

12.3. YOU will receive a password and account designation upon completing the Service registration process. YOU are responsible for maintaining the confidentiality of your account details, and YOU are fully responsible for all activities that are assiciated with your account. YOU agree to:

- immediately notify talismann.online of any unauthorized use of your password, account and/or any other breach of security;

- ensure that you exit from your account at the end of each session;

- refrain posting, disclosing, providing, selling or offering to sell your account details provided by talismann.online to any third parties;

talismann.online cannot and will not be held liable for any loss or damage arising from your failure to comply with this.

12.4. Any Customer in violation of our system or network security and/or enormously overloading/over flooding the servers' utilization is subject to criminal and civil liability, as well as an immediate account termination. Examples include, but are not limited to, the following:

- Unauthorized access, use, probe, rootkit or scan of a systems security or authentication measures, data or traffic;

- Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks;

- Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting;

12.5. The Customer agrees not to publish on or over his/her account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.

12.6. talismann.online does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:

- Infringe on any third party`s intellectual property or proprietary rights, or rights of publicity or privacy;

- Violate any law, statute, ordinance or regulation;

- Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;

- Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software/programs that may damage the operation of a third party`s computer or property;

- Contain Proxy, Pirated or Hacking / Phreaking Software (Warez). Moreover, any software that is copyrighted and not freely available for distribution without cost, ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) - all fall under this jurisdiction. This includes also Torrent sites or links to Torrent sites;

- Sites related or directly providing escort services;

- Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites, or advertisements for adult sites;

- Other immoral or illegal information.

12.7. Use of phishing or mimic sites are strictly prohibited on talismann.online, any user's account suspected in such activity will be terminated WITHOUT refund and legal actions will be started to the final extend of the law.

12.8. YOU acknowledge and agree that talismann.online might change this Terms of Services without notice and you are solely responsible to check for such changes, follow up and comply with them.

In conclusion any client not observing the afore mentioned rules is a subject to an immediate account termination without refund!

13. CUSTOMER WEBSITE; CUSTOMER WARRANTIES/GUARANTIES

13.1. When buying a hosting plan with talismann.online, customers agree to be fully responsible for the deployment, development, operation and maintenance of their web site, online store and/or e-commerce activities within that space. Each customer is in charge of all the products and services as well as of all contents and materials appearing online, including:

- the accuracy and relevance of the Customer's content and material showcased in his/her store or on his/her products;

- certainty that the Customer's content and materials appearing in his/her store or on his/her products do not violate or infringe upon the rights of any person;

- certainty that the Customer's content and materials appearing in his/her store or on his/her products are not calumnious or somehow illegal. The Customer is the only one in charge of approving, processing and filling customer orders and of taking care of customer requests or complaints. The Customer is the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site/s and online store/s.

13.2. The Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site/s or online store/s.

13.3. Each Customer guarantees to talismann.online that he/she owns or possesses the right to use the Customer Content and the corresponding material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to talismann.online 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 laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.

Each Customer empowers talismann.online to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. talismann.online is granted the right to assess the extent these operations need to be done.

14. UNSUITABLE BEHAVIOUR

Any indecent abusive or insulting treatment towards a talismann.online employee will be considered inappropriate. Each Customer is anticipated to behave in a well-mannered way with talismann.online employees regarding any requests for help through e-mail, phone, etc. Each Customer should avoid applying any forms of written emotional outburst. Any attempts of uncontrolled behavior will be interpreted as a breach of this Agreement.

Other acts of treatment towards talismann.online employees that will be considered as unacceptable include verbal, oral, written or delivered by a second party threats that are addressed to talismann.online or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this Agreement. talismann.online reserves the right to restrict or completly stop access to clients' accounts and even to once and for all stop clien't hosting account without issuing a refund if any of the aforementioned rules are violated and if further communication is not possible due to continued bad mannered client behaviour!

15. PROHIBITED ACTIONS

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated with or without notice, without issuing a refund. We will determine in our sole discretion whether any of the messages you send are spam or prohibited actions are performed.

For your information, spamming generally includes, but is not limited to:

- Advertising of your talismann.online hosted site using Unsolicited Email (spam). This is strictly prohibited and your account will be removed immediately if it is involved in any type of spam activity;

- The bulksending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients;

- The sending of junk mail;

- The use of distribution lists that include people who have not given specific permission to be included in such distribution process;

- Posting commercial ads to USENET newsgroups that do not permit them;

- Posting articles containing binary encoded data to a non-binary newsgroups;

- Excessive and repeated posting of off-topic messages to newsgroups;

- Excessive and repeated cross-posting;

- Excessive email sending/receiving over 200 emails per hour and not more than 2000 emails a day;

- E-mail harassment of another Internet Customer/s, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive;

- The e-mailing of age- inappropriate communications or content to anyone under the age of 18;

Prohibited actions generally includes, but is not limited to:

- Actions or omissions leading to preventing other customers from obtaining hosting services. Including blocking of the project IP address by Internet service providers.

talismann.online reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

16. BACKUPS, DATA LOSS AND BACKUP LIMIT

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Our backup service is ran each week, overwrites any of our previous backups made, and we keep 3 week backups behind. talismann.online is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on talismann.online servers. All data will continue to be mirrored to a secondary drive(RAID Backup) which helps protect against data loss in the event of a drive failure.

17. TRAFFIC RESOURCE USAGE

talismann.online provides monthly traffic allowance. The allocated traffic allowance depends on the package. In case you pass the allocated monthly traffic we reserve the right to suspend your account until the next month cycle starts, until additional traffic allowance is ordered or even terminate the account and/or request to charge additional fee if the account has over-utilization. Unused traffic in one month cannot be carried over to next months. talismann.online reserves the right to suspend and/or terminate any account that has traffic over-utilization and endanger the normal function of shared hosting platform.

With regard to the Unlimited data traffic packages on the shared hosting platform, a fair use policy will apply. If you generate more server traffic than is deemed acceptable by talismann.online, to the detriment of other talismann.online customers, talismann.online reserve the right to interrupt service. Unlimited data transfer applies to your use of web pages only (html, php, etc.), not for storage of movies, pictures, audio files, downloads etc.

18. WEB SERVER RESOURCE USAGE

talismann.online provides a shared hosting service. The very nature of the service requires that Web Server resources be shared. Every web hosting account can use up to 40 concurrent (simultaneous) connections originating from one IP (regardless of the domain, subdomain) and also 40 concurrent connections towards a single vHost (domain or subdomain).

19. Limits

SSD-5 SSD-10 SSD-20 SSD-30
Disk space, MB 5000 10000 20000 30000
Control panel "cPanel" + + + +
Number of sites 2 10 20 30
Unlimited traffic + + + +
Number of FTP-accounts 5 10 20 30
FTP-access + + + +
Unlimited number of subdomains (level 3) + + + +
Parking additional domain (alias) 50 50 50 50
Number of additional domains 1 9 19 29
Number of e-mail accounts 100 100 100 100
Unlimited redirection e-mail + + + +
Allowed number of e-mails per hour 300 300 300 300
Personal spam filter + + + +
Running cron scripts + + + +
Number of databases MySQL 2 10 20 30
Password protection of directories (.htaccess) + + + +
phpMyAdmin + + + +
Access to the raw logs of visits + + + +
Support PHP + + + +
Statistic of site: Webalizer, Analog + + + +
Dynamic memory capacity, MB 512 1024 1536 2048
CPU usage (100% is 1 core) 50% 100% 150% 200%
Number of processes running at the same time 20 35 50 80
Number of simultaneous ftp sessions unlimited unlimited unlimited unlimited
Using disk subsystem; average time of 10 minutes, MB/s 2 4 5 6
Maximum number of files to upload unlimited unlimited unlimited unlimited
Data storage period in case of non-payment No more than 90 days No more than 90 days No more than 90 days No more than 90 days

20. FORCE MAJEURE CIRCUMSTANCES

talismann.online will be no liabile in case of failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.

This agreement constitutes and represents the whole act of convention between the parties in regard to the agreement signed between them. It is not subject to any amendments, changes or modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the parties to be charged.

21. COPYRIGHTS

Copyrighted material must not be placed on any Customer`s account without the permission of the owner(s) or the person(s) they specifically authorize. Only the owner(s) or such authorized person(s) must upload copyrighted material to the account.

Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will have no liability to any Customer of the Services for the removal of any such material.

Please report any violations of this Agreement to hd@talismann.online.