Terms of Service
The following terms and conditions apply to all of LinuxMeta (“LinuxMeta.com”) services, except as otherwise agreed in writing. Violation of these terms and conditions may result in suspension or removal of your service. By purchasing service from us you agree to these terms of service.
The terms “we”, “us” or “our” shall refer to LinuxMeta. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
A) Customer Obligations
- Customer must comply with all applicable laws, rules and regulations, including without limitation, the United States Federal Criminal Code of 1790.
- Customer shall pay the fees for the services when due.
B) Security
- Customer must take all security precautions necessary to ensure the security of your server and our network.
- Customer must use reasonable security precautions for providing access to the services by its employees or other individuals.
- We also reserve the right to indefinitely suspend or remove server that is danger to our network.
C) Payments
- All charges shall be invoiced and paid in advance.
- LinuxMeta reserves the right to modify prices at any time, unless other terms have been agreed upon.
- The customer is responsible for all money owed on the account from the time it was established.
- LinuxMeta reserves the right to suspend or remove the server upon non-payment.
- No services are eligible for a refund. Account credits are ineligible to be refunded, or transferred to alternate accounts.
- LinuxMeta reserves the right to suspend or remove the server, if for any reason customer file a chargeback or a dispute.
D) Cancellations
- Where not otherwise contractually agreed, the contracts are in place for an indefinite period of time.
- Customer can send notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket.
- In order for your cancellation to be successful you must receive confirmation from LinuxMeta.
- LinuxMeta reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund.
- If the customer intends to devolve his contractual rights to another person, he requires our consent.
- Payments made to LinuxMeta are non-refundable. We do not provide trial periods or money back for services activated on our network.
- If an account is cancelled due to non-payment, LinuxMeta reserves the right to delete contents without notice and re-provision the server.
E) Fraud
- In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of LinuxMeta. All information available to LinuxMeta about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States, or abroad.
F) Resellers
- The customer is entitled to third-party contractual rights using the internet presence provided to him by us. In this case, the customer still remains the sole contractor. The customer is committed to all the terms of the contract, arising from the terms and conditions as well as from our order forms, passing these on to all third parties and obliging them to comply with the terms.
- When changes need to be made regarding the participation acts of third parties, the customer is obligated to cooperate. The customer will provide us with the third party’s address and contact details on request. We are entitled, in the case of changes, to contact third parties directly to demand their written agreement to the changes.
- The customer is responsible for all third party contractual violations. The customer is financially liable to us for all damages resulting from third party violations. In addition, we are exempt from liability for all claims which may arise from third parties and others.
G) Entire Agreement
- This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
H) Disclaimer & Liability
- LinuxMeta is not responsible for any damages to any customer business. LinuxMeta makes no warranties or guarantees of any kind, expressed or implied, for services provided. Use of LinuxMeta service is at the customer sole risk. Under no circumstances will LinuxMeta be liable for any claims resulting from the use or inability to use LinuxMeta services including, but not limited to, service interruptions, customer errors, Internet connectivity problems, miscommunications, unauthorized access to LinuxMeta servers, DNS caching, Internet bandwidth congestion, power failures, vandalism, or natural disasters.
- Customer must agree that LinuxMeta is not liable for any data loss in connection with its services. Customers are solely responsible for creating backups of their data.
I) Arbitration
- Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any California court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.