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Terms and Conditions

Marketplace Plus
Terms of Service & Terms and Conditions
Last modified: June 15, 2014

Our Acceptable Uses Policy (AUP) exists for the collective benefit of all of our clients. We have implemented these rules as a measure to protect us from unwanted activities and in order to provide our clients with the most reliable and best overall services and features possible. Our AUP is only a portion of our Contract which you agreed to when you opened your account with us. We ask that as a client you please respect and follow our Acceptable Uses Policy and our Contracts.

We do not have the resources to police thousands of websites 24 hours a day, but if we do find that your website is in violation of our AUP or Contract, we reserve the right to terminate your account without notice, solely at our discretion. Clients who follow our simple policies will never encounter any problems with their service.

If after reading through our AUP you need clarification on any part of the terms, please feel free to e-mail us so we can clear-up any questions you have.

Restricted Content

Marketplace Plus forbids websites with adult graphic content (softcore and/or hardcore), including, but not limited to, banners advertising any adult website(s), child pornography, and distribution of adult website passwords. Client's whose accounts are found in violation of this policy may, at the discretion of Marketplace Plus, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnect fee.

Client's whose website promotes activities that violate federal, state, local laws and/or violation of U.S. export restrictions are also not welcome at Marketplace Plus. This includes "warez" sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs. Client's whose accounts are found in violation of this policy may, at the discretion of Marketplace Plus, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee. Additionally, Marketplace Plus may contact the Software Piracy Association ("SPA") and release any information in connection with any illegal activities relating to software piracy on the Client's account.

IRC Bots, or any other automaton programs written in C, Perl or IRC-script used specifically in conjunction with IRC are not allowed. These programs tie up system resources and are in no way related to maintaining a website. Clients are not allowed to have any programs, including but not limited to, Eggdrop, or any other IRC-related programs, within their account. Client agrees not to upload the tar file for any of these programs or to execute them within their account. Violation of this policy may, at the discretion of Marketplace Plus, result in the Client's account(s) being terminated without notice and a maximum clean-up/disconnect fee of .

Simply put, we ask that you use your account for the purposes of hosting a non-adult oriented, legal website.

E-mail/Spam Policy

Spamming is the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to. Using fictitious e-mail addresses @MarketplacePlus.com or any domain name is strictly forbidden. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. A violation of this policy extends to clients who send unsolicited e-mail from a domain name not affiliated or hosted with Marketplace Plus. Marketplace Plus will not develop any site that takes part in sending spam, even if hosted on third party servers.

Marketplace Plus allows clients to send mailings to subscribers of their own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honored immediately. Client agrees not to send mailings to lists provided by an outside agency or individual. Client further agrees not to provide mailing list services to others. Due to the nature of a shared-server environment, Marketplace Plus requests that mailing lists be sent during non-peak hours, specifically between the hours of 1:00 am and 5:00 am, Central Time. Marketplace Plus reserves the right to terminate a client's mailing program, whether provided by Marketplace Plus or not, immediately and without notification to client if said list causes a problem with the e-mail services of other clients. Marketplace Plus also reserves the right to forbid a client from utilizing any mail-sending program that jeopardizes the mail services of other clients.

Due to the consumption of system resources and overloading of the e-mail server, Marketplace Plus forbids the use of the Gossamer Links program by any client.

Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mailbombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden. Marketplace Plus reserves the right to determine what constitutes abuse of this policy. Clients whose accounts are found in violation of this policy may, at the discretion of Marketplace Plus, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee.

IMPORTANT EMAIL RESTRICTIONS: Do to the popular use of blacklists, Marketplace Plus has limited or eliminated the right to use some of the features of cpanel to protect against Marketplace Plus servers from being listed. Clients must have their catchall address set to fail. Auto responders are no longer allowed. Domain forwarding is no longer allowed. Box trapper is no longer allowed. Email scripts that respond to spoofed addresses, or do not have sufficient protective measures are not allowed. E-mail forwarding is only allowed internally, and if for an external address, the end mail server must discard without warning and not fail/reject email that it deems to reject, resulting in Marketplace Plus servers sending rejection email as required by RFCs. Clients must maintain their networks, emails, and scripts from causing any blacklisting directly or indirectly to Marketplace Plus servers.

Websites found in violation of this policy are subject account termination without notice.

Copyrighted Material

It is the responsibility of the client to ensure that all information within their account is their own work. Due to distribution rights of shareware programs, clients may not distribute freeware software programs unless the programs are their own work. Copyrighted materials include art, music and other works. MP3 is a popular file format for encoding music. While we do not ban MP3s, we do ask that any MP3s you have on your website are not in violation of any copyrights. Copyrighted music, in any format, cannot be placed within client's account. Clients agree to indemnify Marketplace Plus of any possible litigation involving trademark or copyrighted materials. The best rule to follow is not to copy work from someone else unless you have been granted permission to use these materials on your website.

Client agrees not to modify any copyright notices in features (Perl programs, etc.) provided by Marketplace Plus. Modification of scripts provided by Marketplace Plus without written permission is strictly prohibited.

Websites found in violation of this policy are subject account termination without notice.

Excessive CPU Run Time/RAM Usage

Client agrees to take all responsibility for all programs including CGI scripts executed under their account. Programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) are not permitted. Client agrees and understands that such excessive use can have an adverse effect on the performance of the webserver. Client agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. The use of cgi or html chat scripts or pages is strictly prohibited. Marketplace Plus reserves the right to suspend accounts without notice to clients who violate these terms. Marketplace Plus has sole discretion over what constitutes excessive usage.

Programs provided by Marketplace Plus as an installable feature are not exempt from this policy. While every efforts is made on Marketplace Plus Staff's end to ensure the program it provides are efficient, problems with excessive usage on particular programs may occur.

To limit possible Excessive CPU/RAM usage, clients are not allowed to resell portions of their web site to third parties.

Creative Services (web development, production, software development, ect.)

Marketplace Plus and it's licensor remain owners of all produced for it's clients. Clients have rights to use upon fully paying any hourly and/or fixed fees associated with the content. Some limited content and software source code may be available to the customer. Content supplied by the client remains owned by the content provider, and clients authorize that Marketplace Plus to use and backup the content for use in the clients project, and for promotion (Marketplace Plus portfolio) of Marketplace Plus services. Content supplied by the client, requires that the client have necessary authorization of any copyright works, and provide Marketplace Plus with necessary documentation of such. Some content provided by Marketplace Plus may require ongoing licensing fees, some of which may be covered by other subscription fees, or other restrictions. Content supplied to clients cannot be resold, transferred, made available to the public, or related without consent of Marketplace Plus and it's licensors.

Layout, coding, and media supplies by Marketplace Plus is copyright. Client agrees not to modify any copyright features and notices within those features (code, layout, graphics, etc.) provided by Marketplace Plus. Modification of features provided by Marketplace Plus without permission is strictly prohibited. Websites/Software/Productions must contain Marketplace Plus's required identification and copyright notices with requirements depending on media/situation.

Content/Design/Software/Media supplied by Marketplace Plus cannot be sold or given away. No part of Marketplace Plus copyright material can be used by another designer unless under agreement. Client must supply Marketplace Plus access to content at all times, within reason.

Compatibility and Technical Support

Clients that choose to use a third party providers (including supplied by the client) also agree to the following: Content/Software/Source Code/Media must be supplied to Marketplace Plus if any of such may have impact on Marketplace Plus's ability to perform requested tasks. Marketplace Plus will charge hourly rate to work with, change to make compatible, learn, or redevelop provided content. Marketplace Plus is not responsible for compatibility with third party/client supplied content/services and no refunds will be supplied, and any support and corrections made to make compatible is charged hourly. Additional charges are not refundable even if issue is not resolved by Marketplace Plus. Marketplace Plus may refuse to offer tech support for various reasons at anytime. Termination of this agreement requires all content developed or supplied by Marketplace Plus to be permanently removed from all use and access to third party providers, and clients are to follow the limitations addressed in the "Creative Service" section of this AUP.

Client Actions

For the safety of staff at Marketplace Plus, clients must be respectful to the staff of Marketplace Plus. Clients will limit themselves to contact staff via authorized contact means only, including the company supplied phone/email/IM. Any client that becomes abusive, threatening, demanding, or harassing, will have their contract terminated without refund and legal action may be used.


Resold (Partner Sold) Hosting Accounts

Resellers (Partners) are also bound by this agreement and must ensure that all their clients follow the terms of this agreement. Any reseller found to repeatedly violate terms of an agreement may lose their reseller status. Any reseller that loses their reseller status lose all rights to clients to Marketplace Plus. The reseller understands that all clients are clients of Marketplace Plus and the client has the right to contact Marketplace Plus for emergency service (reporting server related issues) or if there is a dispute between them and the reseller. If requested by the client, an account can become fully an account of Marketplace Plus and no longer part of the reseller's clients. As long as the client is a resold account, the reseller is obligated to offer full support. Repeated contact of Marketplace Plus from resold account clients that are deemed not emergency service is in breach of this contract and the reseller may lose their reseller status. Marketplace Plus is not responsible for accounts paid in full to the reseller but the reseller has failed to make payment to Marketplace Plus. Marketplace Plus has no obligation to honor features, rates, terms, discounts or refunds to clients that the reseller has offered - this is the obligation of the reseller. Clients can report problems they may be having with a reseller to Support@MarketplacePlus.com.

Other resold services/products/content

Due to each situation being different, a custom agreement must be made. If none is available, use the resold hosting as a guideline.

Domain Names

Marketplace Plus is a partner of SRS Plus and works with GoDaddy and Network Solutions to provide domains. Each domain register and domain type have a different set of terms for domains. Visit their sites for more information or contact your account representative. To make changes to your domain, contact your account representative or call general support at 1-888-the-1web.

All domains purchased/transferred through/to Marketplace Plus is licensed to clients for use by Marketplace Plus and its suppliers while the client has not voided terms. Client has right to transfer domain to another registrar at any time as long as domain and account is current in payment and in good standing. Transfer must be completed before the due date of transferring as determined by the top level domain. Thirty (30) days is recommended to transfer a domain. If a domain falls under dispute, Marketplace Plus can revoke a clients rights if law show dispute in favor of other than the client. Marketplace Plus also can revoke a clients rights to a domain if illegal activates involve directly or indirectly that domain. Client has a responsibility to make payment in full before the next annual term of their domain. Domains not current in payment face a fee to renew or transfer (rate depending on top level domain) or may become no longer available to the client and sold or released to the public for purchase. Fees and rates are subject to change.

As a domain registrant (the domain licensed holder), know your rights - visit http://www.icann.org/en/resources/registrars/registrant-rights

For domains not purchased/transferred through/to Marketplace Plus but pointing to Marketplace Plus services, the client must keep Marketplace Plus informed of current registrar, and allow access to make modifications to DNS entries of their domains.

Billing Procedures

Accounts are custom per client. Some contracts are month to month, quarterly or yearly. Price may be affected by changing the length of the contract. Once payment has been received, the contract is extended. Refunds are not issued for partially used/unused contracts. Modifications to a contract is at the discretion of Marketplace Plus for credit on the next invoice. Overpayment will also be credited to the account to be used later or to extend the contract (example: month to month client prepays for 3 months). Credits will be automatically used first before any payments. Credits are non refundable, and can be used as a cleanup fee on terminated or closed accounts. Payments will always be used towards fees and past due amounts first.

Partial refunds may be issued for services that Marketplace Plus discontinues offering in the middle of your fully paid and in good standing contract. Refund amount is calculated by many factors, including, days remaining, and percentage of service utilized including bandwidth or storage space.

Marketplace Plus will charge various government taxes when applicable, depending on service, area, and if a reseller or non-profit. The client is responsible to pay all necessary use taxes to the appropriate government agencies if not collected by Marketplace Plus. Resellers and non-profits are required to provide necessary forms and documentation as required. Refer to your state's tax information page for more information.

Client agrees to take responsibility for making payment on time. Full Payment (Term of service and additional fees) not received by the due date may incur a late fee. If full payment due is not received before the term, the client's account is suspended and a late fee may be required. If an account doesn't make full payment with late fees and other fees by fifteen (15) days after term, account will be canceled and all account data (www, e-mail, stats., ect.) will be deleted and unrecoverable.

As a courtesy to Marketplace Plus's clients, an e-mail and/or fax and/or mail and/or call reminder is sent before next payment is due, when payment is late, and when account is suspended. Marketplace Plus is not obligated to contact client for these reminders. Clients are asked to keep up with payment schedule.

Marketplace Plus may change its prices from time to time.

Limitations of Information

Your use of and reliance upon any and all information, included but not limited to Marketplace Plus content, affiliate content, and public content, provided by Marketplace Plus through the Marketplace Plus web sites, including clients of Marketplace Plus, from now on called Marketplace Plus is at your sole risk. Such information is provided on an "as is" and "as available" basis. Marketplace Plus makes no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness, or timeliness of such information. Marketplace Plus 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. Marketplace Plus shall have no liability to you or any other user of such information or to any third party for any loss, expense, or damage, including consequential, incidental, special or punitive damages and including lost profits or lost revenue, caused directly or indirectly by the use or reliance upon such information. Any material downloaded or otherwise obtained through the use of Marketplace Plus is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. 

Our Mailing List

All clients of Marketplace Plus, paying services and free services, agree to receive newsletters, updates, product promotions, questioners, bills, and other e-mails from Marketplace Plus. Our mailing list will not be sold or shared with any other company not related to Marketplace Plus. Your e-mail will remain on our mailing list for 90 days after terminating all accounts with Marketplace Plus.

Account Cancellations

Different service have different cancellation requirements. To be sure to cancel any account, a 45 day notice is recommended. Marketplace Plus is not responsible for not receiving your request. You will receive a notice via e-mail and/or phone that Marketplace Plus received your cancellation request. If you don't receive notice after a few days of your request, please resubmit your request ASAP.

Client Customer Information

Marketplace Plus does not wave it's right to compete, however, any customer and lead information cannot be obtained by the information Marketplace Plus works with or has access to as a result of work performed for you or your company, unless you or your company makes it publicly available.

Liabilities

Marketplace Plus works for your company. While we work hard to prevent events or activities that could result in legal liabilities, clients are ultimately responsible to ensure this.  Marketplace Plus will work with client appointed agencies to ensure all preventive measures are in place.

Modifications

Marketplace Plus reserves the right to modify the Contract for Terms and Conditions and the Acceptable Uses Policy at any time. Renewal of any service for another term with Marketplace Plus constitutes acceptance to all modifications of the contract and Acceptable Uses Policy. Because we are unable to foresee every situation, Marketplace Plus reserves the right to cancel any account for any reason at any time. Following the terms and conditions will keep client's account in good standing with Marketplace Plus.

 

 
Copyright © 2012 Marketplace Plus and its licensors. All rights reserved.