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PRIVACY OF YOUR ACCOUNT.
We consider your registration data and the content of all of
your messages to be private. The header of the messages that you
send will contain your name (e-mail address) and Internet
Protocol (IP) address. We will not intentionally monitor or
disclose any of your e-mail messages or registration data unless
we are required to do so:
to enforce these Terms and Conditions,
by law,
to defend us in any legal action,
to protect our property.
Additionally, you agree to respect the privacy and
confidentiality of others. Since your password is essential for
protecting your privacy, we encourage you not to share it with
anyone and change it frequently.
PRIVACY OF YOUR REGISTRATION DATA.
maroc web collects information during the registration process.
The personally identifiable information that maroc web collects
includes first and last name. maroc web also collects
non-personally identifiable information such as country, age,
gender, etc. You may update your Registration Information at any
time from the members' area.
We may disclose aggregate registration statistics in connection
with our marketing activities.
WHY DO WE NEED THIS INFORMATION?
Your registration information is needed to operate the site, to
provide support for your account, for statistical purposes, etc.
maroc web will not send you any unsolicited information,
including e-mail, except as mentioned below. New Customers will
receive a maroc web welcome letter explaining the features
provided by the service. maroc web may also send periodic member
letters to announce important service changes, new features,
technical issue updates and news about the Service. maroc web
keeps your personally identifiable information private and does
not share it with any unauthorized third parties. |
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DOMAIN NAME REGISTRATION
Domain name registrations are non-refundable. Each domain name
registration will be subject to a 199 Dh/year per domain
registration/transfer fee *. As changes are no longer allowed
after the registration request is submitted, customers should
make a correct spelling check before buying their domain name.
* This excludes
the promotional fees for domain name registrations where the
prices will be different.
COMPLETE AND ACCURATE PERSONAL
INFORMATION
You agree to provide certain current, complete and accurate
information about yourself both in your domain(s) WHOIS and in
your account records. You agree to update this information once
in a while to keep it complete, up-to-date and accurate. For all
your domain name registrations' contact records, you must submit
the following: full name, current postal address, e-mail address,
voice telephone number, and if available, a fax number. You
agree that the type of information you are required to provide
may change in time and you understand that, if you do not
provide the new, updated information, your registration may be
suspended or terminated or may not be renewed. Failure to
provide the requested information might prevent you from
obtaining all Service(s).
WHOIS
The Internet Corporation for Assigned Names and Numbers (ICANN)
- the organization that assumes responsibility for domain name
allocation, requires that we collect information about you
during the domain name registration process. This information
includes your full name, mailing address, phone number, email
address, and, if available, your facsimile number. ICANN then
requires all registrars to make the following data accessible to
the public on an interactive web page and using a "port
43" WHOIS service: your full name, mailing address, phone
number, email address, if available your facsimile number, as
well as the creation and expiration dates of your domain name
registration and the name server information associated with
your domain name. We will refer to this information as your
"WHOIS Information". Please note that we may not be
able to control in what manner or for what purposes members of
the public might use the WHOIS Information.
The service that is subject to the following
agreement is provided by maroc web in association with LiquidNet
Ltd., registered in the United Kingdom, Registration No.
4654498. maroc web and LiquidNet Ltd. will be referred to as
maroc web for the sake of brevity in this document.
You should be aware that by signing up for an
account with maroc web, you agree to position data on our
servers, thus making it accessible to the wide public. In this
sense, you accept that it is beyond the power of maroc web to
restrict such access and guarantee the security of your files.
You are completely in charge of protecting your data on maroc
web servers, which suggests that you would better consider
carefully any piece of information before uploading it to your
newly allocated maroc web server space. It is recommendable to
avoid publishing personal data that could be abused online.
The order form completion represents the
electronic signing of this document.
You should abide by the Domain
Name Registration Agreement, which is an indivisible part of
this document.
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ENTIRE AGREEMENT; SERVICE
AGREEMENT
maroc web shall provide its Services to You (the Customer)
under the Terms and conditions of this Customer Agreement.
The Agreement is intended to keep the integrity of both
maroc web 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. Along with the Order Form and any other documents
or agreements explicitly specified in this Agreement, the
Customer Agreement constitutes the whole act of convention
between maroc web and the Customer, thus being the most
significant document of the newly-established relationship.
In case that a court of competent jurisdiction considers
that any of the Agreement's provisions is invalid,
unenforceable, or void, the remaining ones will completely
reserve their validity. Customer's side of the Agreement
could be presented by the following parties: an individual
with personal demands, being over 18 years of age; a legal
entity such as a corporation, a limited liability company
etc. that is consistent with state's law system. If a person
represents the Customer for some reason, he/she should be
legally authorized to act in his/her name, thus accepting,
executing and delivering the Agreement. You understand and
agree that the Service is provided "AS-IS" and
that maroc web assumes no responsibility for the timeliness,
deletion, and failure to deliver or store any Customer
communication or personalization settings.
- maroc web HOSTING SERVICES
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Bandwidth - Each
hosting plan includes prepaid monthly bandwidth in
Megabytes. This bandwidth quota is shared between all
the sites in a single hosting account. In case a hosting
account exceeds its allowed bandwidth, it will be
suspended until beginning of the next month when the
quota will refresh automatically. Additional bandwidth
is available. Contact sales for more information.
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Domains Hosted -
maroc web hosting plans include domain hosting. Each
hosting plan has a limit of the domains hosted.
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Domain Registration
- available at discounted price only with purchasing web
hosting account(s). Each web hosting account can use a
maximum of one discounted domain name. Domain
registrations are final and cannot be refunded.
More detailed information regarding
domain names can be found in the Domain
Name Dispute Resolution Policy.
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Disk Space -
Additional disk space is available. Payment is accepted
only in advance per year. Contact sales for more
information.
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IP Address - For
many customers an IP address is important for starting
SSL hosts and that's why we allow purchasing more IP
addresses. In case your hosting account does not include
an IP address, please contact sales for more information
on how to obtain it. Payment is accepted only in advance
per year.
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MySQL Database(s) -
is/are included in all hosting plans. Additional MySQL
databases are available. Contact sales for more
information.
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MySQL Database Storage
- Each hosting account has a limit for MySQL database
storage. This storage is shared between all the MySQL
databases in a single hosting account. Additional MySQL
database storage is available. Contact sales for pricing.
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SSH (Secured Shell)
- In case your hosting account does not include a SSH,
please contact sales for more information on how to
obtain it. Payment is accepted only in advance per year.
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BACKGROUND OPERATIONS/PROGRAMS ON
SERVERS
These programs, named cron jobs, can be continuously run by
maroc web in the background. Their provision suggests
additional fee in accordance with system resources used and
operational maintenance involved, if needed. Generally,
maroc web avoids placing complementary charges upon
customers, providing the CronTab service that is integrated
in the hosting Control Panel. Optional maroc web Services:
These services, including but not limited to: Site Studio,
Mailing Lists and other services offered are provided
WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. maroc web
ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED SERVICES OR
FEATURES ARE OFFERED ON "AS IS" AND "AS
AVAILABLE" BASIS. maroc web REJECTS ANY IMPLIED
WARRANTIES. ANY OF maroc web' 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 maroc web,
INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL
DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES,
SUSPENSION OR TERMINATION OF SERVICES.
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SERVICE GUARANTEES
maroc web will guarantee 99.9% maroc web network uptime and
99.9% network
stability uptime. This, however, does not refer to
problems stemming from:
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Server Hardware Breakdown.
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User error(s) or purposeful
interruption(s) of the user service (e.g. if the client
shuts his/her own server down, maroc web is not
responsible for the downtime).
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Failures due to software that is not
explicitly supported by maroc web. Consequently, if a
hardware crash provoked by the customer happens, maroc
web is beyond the control and responsibility for the
resulting downtime.
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SERVER USAGE & HOSTED CONTENT
- Server content MUST comply with the parameters stated
in this TOS. Web content requirements exclude the
publication of illegal content or content considered
inappropriate otherwise. Customers should get in touch
with a maroc web Service representative regarding any
inquiries over the matter.
- If any of maroc web Services are used for the illegal
purpose of SPAM or UCE, then they will be
instantaneously terminated.
Unauthorized Access. maroc web
expressly bans the use of any maroc web hardware or
software hosted on a maroc web server for trying to
illegally access another hosted machine or network.
- Using maroc web's temporary URL is not defined as
bandwidth stealing. However, customers are advised to
use it temporarily and maroc web does not bear the
responsibility, if we change it afterwards - traffic
processing there is not recommendable. It is not
recommendable to use maroc web' temporary URL -
scXX.info/scXX.biz - as a basic URL. Users are advised
to redirect their traffic to their own domains.
Each customer will be able to take
advantage of the package he/she has purchased at the
introductory price levels and with one and the same set
of features in the course of the whole contract period.
maroc web reserves the right to introduce certain
changes to the packages (in the shape of complementary
services) to the benefit of customers.
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MONEY BACK GUARANTEE
maroc web offers a 30-day money back guarantee. If you are
not satisfied with our hosting service, you can email and
receive a full refund for your hosting plan within 30 days
after you purchased the account. However, all domain
registrations are final, do not include any money back
guarantee and will be subject to a $9.95 USD per year per
domain registration fee. You will be required to make a
deposit of $9.95 USD for the domain fee before receiving the
refund for the hosting account.
- PAYMENT, CHARGEBACKS AND RETURNED CHECKS
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maroc web contracts with JCB / VISA /
MASTER CARD International and Discover Financial
Services for chargeback procedures, thus avoiding its
merchant accounts involvement. When signing up for a web
hosting service with maroc web, customers agree to AUP (this
document) and the specified Terms & Conditions in
this document. Thus, maroc web 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.
If, however, customer presents a
valid motive for the refund required, having observed
the afore-specified requirements, then maroc web will
process the money back procedures without hesitation.
Any refund actions will immediately lead to web hosting
account suspension and the customer's credit card will
be charged back with the respective sum under the same
payment order / authorization number.
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maroc web will charge customers with
fees based on the fee structure at the time of the
sign-up process. maroc web reserves the right to
introduce changes to the packages when needed regarding
price and set of features. This means that the current
price list at maroc web.com may differ from the pricing
and features of the customer's account.
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When signing up for an account with
maroc web, the customer agrees to pay for the period of
one year (365 days). maroc web grants customers with 48
hours over the official payment period. In case that the
payment has not been received, the account will be
suspended.
Chargebacks are not considered as a
way of refunding. Any customer who provides a credit
card chargeback in response to a bill or order placed at
maroc web will be subject to collections and legal
action. He/she will be charged $29.00 USD, because when
signing up with maroc web, customers accept these terms
and conditions, thus agreeing to observe them strictly.
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WARRANTIES AND REPRESENTATIONS
maroc web 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 maroc web confronts with service
interruption issues.
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FREE DOMAIN NAME PROMOTION
maroc web has a promotion and gives FREE domain names only
to new customers of web hosting accounts. However, when the
money back guarantee option is used the domain names must be
paid - $9.95 USD per year per domain name. Domain name
owners will receive an account username and password to
manage their domain names and they will be able to transfer
the domain name(s) at will.
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NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the maroc web Services, you
will not use the maroc web 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 maroc web Services, other accounts, computer systems or
networks connected to any maroc web 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 maroc web Services. maroc web reserves the right at all
times to disclose any information as maroc web deems
necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in
part, in the sole discretion of maroc web. maroc web is
within the capacity to refuse service to unlawful parties.
maroc web servers can be used explicitly for legal purposes
only and each attempt for taking indecent advantage of the
servers inconsistent with the rules will be immediately
rejected. In this light, maroc web expressly forbids any
breach of Federal, State or Local regulation, including, but
is not limited to the transmission of: copyrighted material,
material legally judged to be threatening or obscene and
material protected by trade secrets. maroc web management
will thoroughly scrutinize any of the received orders and
decide to their own discretion which of them do not comply
with the officially stated requirements for use of the
company's servers. maroc web 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 the company including, but not limited to -
pornography, adult materials, satanic materials, and any
other materials of an adult nature.
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THIRD PARTY
Any dealings with third parties (including advertisers)
included within the maroc web Services or participation in
promotions, including the delivery of and the payment for
goods and services, and any other terms, conditions,
warranties or representations associated with such dealings
or promotions, are solely between you and the advertiser or
other third party. maroc web shall not be responsible or
liable for any part of any such dealings or promotions.
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TERMINATION
You agree that maroc web, in its sole discretion, may
terminate your password, account (or any part thereof) or
use of the Service, and remove and discard any Content
within the Service if you violate these terms.
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SERVICE DENIAL
maroc web reserves the right to reject its service and
terminate this agreement for a certain period of time or
indefinitely upon customers' failure to pay. The customer
then is considered a debtor to maroc web and liable for
reasonable interest and collection fees.
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YOUR RESPONSIBILITIES
You are solely responsible for the content of your messages.
Using the maroc web Service in connection with surveys,
contests, pyramid schemes, 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:
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Provide true,
accurate, current and complete information about
yourself as prompted by the registration form of the
Service.
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Maintain and promptly inform us to
update Registration Data to keep it true, accurate,
current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete,
or maroc web has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or
incomplete, maroc web 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).
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When signing up for un account with
maroc web, each customer agrees to submit correct and
up-to-date contact details, meaning that when
introducing any changes to this information, he/she is
obliged to notify maroc web in the course of a
10-business-day period after the changes become valid.
The introduction of changes should be done online
through customer's Control Panel, not via e-mail. This
requirement is also in force for maroc web - customers
will always be aware of any contact information changes
that the company places within its website. This way, a
flawless communication process between both sides is
guaranteed.
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You will receive a password and
account designation upon completing the registration
process of the Service. You are responsible for
maintaining the confidentiality of your password and
account, and you are fully responsible for all
activities that occur under your password or account.
You agree to:
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immediately notify maroc web
about any unauthorized use of your password or
account or any other breach of security.
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ensure that you exit from your
account at the end of each session.
maroc web cannot and will not be
liable for any loss or damage arising from your failure
to comply with this.
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Any Customer in violation of system
or network security is subject to criminal and civil
liability, as well as immediate account termination.
Examples include, but are not limited to the following:
Unauthorized access, use, probe, 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.
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Harm to maroc web Servers - any
attempts for doing harm to a server or customer of maroc
web Services are explicitly banned
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Acceptable Use of Services /
Acceptable Access to Services - maroc web will
immediately and resolutely react to any attempt of
use of an Internet account or computer by a maroc
web customer unauthorized by the account or computer
owner. Such attempts include "Internet scamming"
(tricking other people into releasing their
passwords and etc.), password robbery, security hole
scanning etc. It DOES NOT matter whether the
attacked account or computer belongs or not to maroc
web Services, the fraud will be subject to actions
based on the very nature of the attack which could
be a warning, an account suspension or cancellation
and civil or criminal legal action.
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CPU usage (or usage of the Central
Processing Unit(s)) on the web server Customer's account
is hosted on is subject to some regulations. That means
that each hosting account can take advantage of up to
10% of the CPU power for no longer than 180 seconds at
any given time or 3% in the course of 24 hours. maroc
web strongly requires that customers be very judicious
when using the CPU power for their accounts. Otherwise,
we may suspend customer accounts in cases of registered
impact on other accounts on the server or disturbance
caused to the functioning of the server. If we do
suspend an account, then its owner will be notified of
that in consistence with the situation that this
suspension may provoke. Then the account's owner may be
required to upgrade to a dedicated or semi-dedicated web
hosting solution. Possible alternative is a required
reduction in the load and traffic that the customer's
account gets. maroc web reserves the right to block
files or scripts that use CPU exceedingly and notify
clients.
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Customer agrees not to publish on or
over its 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.
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Users are NOT allowed to send more
than 1500 emails per day per hosting account.
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Each account is entitled to host up
to 50 000 files.
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In order to escape unjust
distribution of the resources, as well as possible
sharing of illegal content, Customers are not allowed to
use their hosting accounts solely for the purpose of
sharing (un)archived images, programs or sound files,
which means that at least 95% of all media files (i.e
MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to
these file extensions) in a hosting account must be a
part of actual, active website(s) content, i.e. pages
should link to those files. Furthermore, these files may
amount to no more than 50% of a Customer's total monthly
traffic usage.
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MySQL usage: each database hosted on
our system can be used only by the user who has created
it. Another user, whose account is hosted on the same or
on another server, cannot use the database created in
your account. The MySQL database has a limit of 45 000
queries per hour. If you have reached 45 000 queries per
a given hour, you will not be able to make any more
queries. In the next hour you will have access to the
database again and the counter will be reset.
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maroc web does NOT allow sites that
provide any content, points of distribution, or 'links'
to sites that:
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infringe on any third party's
intellectual property or proprietary rights, or
rights of publicity or privacy
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violate any law, statute,
ordinance or regulation
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are defamatory, trade libelous,
threatening, unlawfully harassing, abusive,
pornographic or obscene
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contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or
any other similar software or programs that may
damage the operation of another's computer or
property of another
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contain Pirated or Hacking /
Phreaking Software (Warez) - 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
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have Adult Sites (content) - Any
erotic or pornographic material, links to adult
sites, or advertisements of adult sites.
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CUSTOMER WEBSITE; E-COMMERCE;
CUSTOMER WARRANTIES/GUARANTIES
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When buying an allocated space on
maroc web servers, customers agree to be fully
responsible for the development, operation and
maintenance of their web site, online store and
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:
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the accuracy and relevance of
Customer Content and content and material showcased
in its store or on its products
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certainty that the Customer
Content and content and materials appearing in its
store or on its products do not violate or infringe
upon the rights of any person
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certainty that the Customer
Content and the content and materials appearing in
his/her store or on his/her products are not
calumnious or somehow illegal. Customer is the only
one in charge of approving, processing and filling
customer orders and of taking care of customer
requests or complaints. Customer is the one in
charge of the payment or satisfaction of any and all
taxes related to his/her web site and online store.
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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 or online store.
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Each Customer guarantees to maroc web
that he/she owns or possesses 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 maroc web that the
use, reproduction, propagation and transmission of the
Customer Content and any information and materials
contained inside do not, and will not:
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infringe or abuse any copyright,
patent, trademark, trade secret or any other
proprietary right of a third party
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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 maroc web to reproduce, copy,
use and propagate all and any part of the Customer
Content for ensuring and operating the Services.
maroc web is granted the right to assess the extent
these operations need to be done.
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TORTUROUS CONDUCT
Any case of indecent treatment towards a maroc web employee
will be considered inappropriate. Each Customer is
anticipated to conduct a professionally mannered
communication with maroc web employees regarding any
requests for help through e-mail or by means of the Ticket
Desk Support System. Each Customer should avoid applying any
forms of written emotional outburst or cursing. Any attempts
of deliberately undermining behavior will be interpreted as
a breach of this TOS. Other acts of treatment towards maroc
web employees that will be considered as unacceptable
include any verbal, oral, written or delivered by a second
party threats addressing maroc web or any of its employees,
partners, equipment, and concerns. Any forms of such threats
will be interpreted as a breach of this TOS. maroc web keeps
the right to assess which behaviour will be treated as a
breach of this TOS and to give no refunds to the users whose
accounts have been suspended for violating the
aforementioned rules.
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SPAMMING IS PROHIBITED
We will determine in our sole discretion whether any of the
messages you send are spam. For your information, spamming
generally includes, but is not limited to:
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the sending of unsolicited messages
in bulk, or the sending of unsolicited e-mails, which
provoke complaints from recipients
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the sending of junk mail
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the use of distribution lists that
include people who have not given specific permission to
be included in such a distribution process
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posting commercial ads to USENET
newsgroups that do not permit it
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posting articles containing binary
encoded data to non-binary newsgroups
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excessive and repeated posting of
off-topic messages to newsgroups
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e-mail harassment of another Internet
Customer or Customers, including but not limited to,
transmitting any threatening, libelous or obscene
material, or material of any nature which could be
deemed to be offensive
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the e-mailing of age-inappropriate
communications or content to anyone under the age of 18
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"Spamming" is considered as
explicit misuse of ethical principles and will be
interpreted as a violation of them
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The maximum number of allowed e-mail
messages sent per day is 1500. There are no exceptions
to this rule. Every customer who is sending more than
1500 e-mail messages per day needs a dedicated server
and cannot use a shared hosting account.
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NEWS RELEASES
Forward Looking Statements: these refer to any predications
within this website that are not based on objective facts
and express expectations with regard to forthcoming events.
Such statements cannot be treated as reality-based because
it is possible that they happen to deviate from actual
circumstances. Forward Looking Statements can be recognized
by the availability of indicative words such as "believes",
anticipates," "plans," "may,"
"hopes," "can," "will," "expects,"
"is designed to," "with the intent,"
"potential". However, their availability is not a
compulsory requirement for a forward-looking statement to be
treated as such.
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FORCE MAJEURE CIRCUMSTANCES
maroc web will be in an off-liability position as regards
the 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 the whole act of convention between
the parties with regard to the agreement signed between them.
It is not subject to any amendments, modifications, or any
other alterations with the exception of changes introduced
through a written instrument that is signed by the party to
be charged.
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This Agreement shall be interpreted
in consistence with the laws of the State of Florida,
US.
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This Agreement shall be in force and
effect entirely to the benefit of the parties hereto and
their respective heirs, executors, administrators,
successors and assigns. - The captions and headings
contained in this TOS are aimed at facilitating the text
comprehension. They are not a part of the very
Agreement, and shall not limit or construe the provision
they refer to. - This Agreement may be executed in
counterparts, which will be considered as original.
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COPYRIGHTS
Copyrighted material must not be placed on Customers'
accounts without the permission of the copyright owners or
people that are specifically authorized by the copyright
owners. Only copyright owners or people specifically
authorized by them may 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 assume no liability to any
Customer of the Services for the removal of any such
material.
Please report any violations of the Terms
of Service and the Domain
Name Dispute Resolution Policy to abuse@duoservers.com .
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ASSIGNMENT
Customer shall not have the right to assign this Agreement
without the written permission of maroc web. This Agreement
shall be in force and effect to the total benefit of
Customer and maroc web and their successors and permitted
assigns.
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(As Approved by ICANN on October 24,
1999)
1. PURPOSE. This Uniform Domain Name Dispute
Resolution Policy (the "Policy") has been
adopted by the Internet Corporation for Assigned Names
and Numbers ("ICANN"), is incorporated by
reference into your Registration Agreement, and sets
forth the terms and conditions in connection with a
dispute between you and any party other than us (the
registrar) over the registration and use of an Internet
domain name registered by you. Proceedings under
Paragraph 4 of this Policy will be conducted according
to the Rules for Uniform Domain Name Dispute Resolution
Policy (the "Rules of Procedure"), which are
available at http://www.icann.org/udrp/udrp-rules-24oct99.htm,
and the selected administrative-dispute-resolution
service provider's supplemental rules.
2. YOUR REPRESENTATIONS. By applying to
register a domain name, or by asking us to maintain or
renew a domain name registration, you hereby represent
and warrant to us that (a) the statements that you made
in your Registration Agreement are complete and accurate;
(b) to your knowledge, the registration of the domain
name will not infringe upon or otherwise violate the
rights of any third party; (c) you are not registering
the domain name for an unlawful purpose; and (d) you
will not knowingly use the domain name in violation of
any applicable laws or regulations. It is your
responsibility to determine whether your domain name
registration infringes or violates someone else's rights.
3. CANCELLATIONS, TRANSFERS, AND CHANGES. We
will cancel, transfer or otherwise make changes to
domain name registrations under the following
circumstances:
- subject to
the provisions of Paragraph 8, our receipt of
written or appropriate electronic instructions from
you or your authorized agent to take such action;
- our receipt
of an order from a court or arbitral tribunal, in
each case of competent jurisdiction, requiring such
action; and/or
- our receipt
of a decision of an Administrative Panel requiring
such action in any administrative proceeding to
which you were a party and which was conducted under
this Policy or a later version of this Policy
adopted by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make
changes to a domain name registration in accordance with
the terms of your Registration Agreement or other legal
requirements.
4. MANDATORY ADMINISTRATIVE PROCEEDING.
This Paragraph sets forth the type of disputes for
which you are required to submit to a mandatory
administrative proceeding. These proceedings will be
conducted before one of the
administrative-dispute-resolution service providers
listed at http://www.icann.org/udrp/approved-providers.htm
(each, a "Provider").
- Applicable
Disputes. You are required to submit to a
mandatory administrative proceeding in the event
that a third party (a "complainant")
asserts to the applicable Provider, in compliance
with the Rules of Procedure, that
(i)
your domain name is identical or confusingly similar
to a trademark or service mark in which the
complainant has rights; and
(ii)
you have no rights or legitimate interests in
respect of the domain name; and
(iii)
your domain name has been registered and is being
used in bad faith.
- In the
administrative proceeding, the complainant must
prove that each of these three elements are present.
- Evidence
of Registration and Use in Bad Faith. For the
purposes of Paragraph 4(a)(iii), the following
circumstances, in particular but without limitation,
if found by the Panel to be present, shall be
evidence of the registration and use of a domain
name in bad faith:
(i)
circumstances indicating that you have registered or
you have acquired the domain name primarily for the
purpose of selling, renting, or otherwise
transferring the domain name registration to the
complainant who is the owner of the trademark or
service mark or to a competitor of that complainant,
for valuable consideration in excess of your
documented out-of-pocket costs directly related to
the domain name; or
(ii)
you have registered the domain name in order to
prevent the owner of the trademark or service mark
from reflecting the mark in a corresponding domain
name, provided that you have engaged in a pattern of
such conduct; or
(iii)
you have registered the domain name primarily for
the purpose of disrupting the business of a
competitor; or
(iv)
by using the domain name, you have intentionally
attempted to attract, for commercial gain, Internet
users to your web site or other on-line location, by
creating a likelihood of confusion with the
complainant's mark as to the source, sponsorship,
affiliation, or endorsement of your web site or
location or of a product or service on your web site
or location.
- How to
Demonstrate Your Rights to and Legitimate Interests
in the Domain Name in Responding to a Complaint.
When you receive a complaint, you should refer to
Paragraph 5 of the Rules of Procedure in determining
how your response should be prepared. Any of the
following circumstances, in particular but without
limitation, if found by the Panel to be proved based
on its evaluation of all evidence presented, shall
demonstrate your rights or legitimate interests to
the domain name for purposes of Paragraph 4(a)(ii):
(i)
before any notice to you of the dispute, your use
of, or demonstrable preparations to use, the domain
name or a name corresponding to the domain name in
connection with a bona fide offering of goods or
services; or
(ii)
you (as an individual, business, or other
organization) have been commonly known by the domain
name, even if you have acquired no trademark or
service mark rights; or
(iii)
you are making a legitimate noncommercial or fair
use of the domain name, without intent for
commercial gain to misleadingly divert consumers or
to tarnish the trademark or service mark at issue.
- Selection
of Provider. The complainant shall select the
Provider from among those approved by ICANN by
submitting the complaint to that Provider. The
selected Provider will administer the proceeding,
except in cases of consolidation as described in
Paragraph 4(f).
- Initiation
of Proceeding and Process and Appointment of
Administrative Panel. The Rules of Procedure
state the process for initiating and conducting a
proceeding and for appointing the panel that will
decide the dispute (the "Administrative
Panel").
- Consolidation.
In the event of multiple disputes between you and a
complainant, either you or the complainant may
petition to consolidate the disputes before a single
Administrative Panel. This petition shall be made to
the first Administrative Panel appointed to hear a
pending dispute between the parties. This
Administrative Panel may consolidate before it any
or all such disputes in its sole discretion,
provided that the disputes being consolidated are
governed by this Policy or a later version of this
Policy adopted by ICANN.
- Fees.
All fees charged by a Provider in connection with
any dispute before an Administrative Panel pursuant
to this Policy shall be paid by the complainant,
except in cases where you elect to expand the
Administrative Panel from one to three panelists as
provided in Paragraph 5(b)(iv) of the Rules of
Procedure, in which case all fees will be split
evenly by you and the complainant.
- Our
Involvement in Administrative Proceedings. We do
not, and will not, participate in the administration
or conduct of any proceeding before an
Administrative Panel. In addition, we will not be
liable as a result of any decisions rendered by the
Administrative Panel.
- Remedies.
The remedies available to a complainant pursuant to
any proceeding before an Administrative Panel shall
be limited to requiring the cancellation of your
domain name or the transfer of your domain name
registration to the complainant.
- Notification
and Publication. The Provider shall notify us of
any decision made by an Administrative Panel with
respect to a domain name you have registered with
us. All decisions under this Policy will be
published in full over the Internet, except when an
Administrative Panel determines in an exceptional
case to redact portions of its decision.
- Availability
of Court Proceedings. The mandatory
administrative proceeding requirements set forth in
Paragraph 4 shall not prevent either you or the
complainant from submitting the dispute to a court
of competent jurisdiction for independent resolution
before such mandatory administrative proceeding is
commenced or after such proceeding is concluded. If
an Administrative Panel decides that your domain
name registration should be canceled or transferred,
we will wait ten (10) business days (as observed in
the location of our principal office) after we are
informed by the applicable Provider of the
Administrative Panel's decision before implementing
that decision. We will then implement the decision
unless we have received from you during that ten
(10) business day period official documentation (such
as a copy of a complaint, file-stamped by the clerk
of the court) that you have commenced a lawsuit
against the complainant in a jurisdiction to which
the complainant has submitted under Paragraph 3(b)(xiii)
of the Rules of Procedure. (In general, that
jurisdiction is either the location of our principal
office or of your address as shown in our Whois
database. See Paragraphs 1 and 3(b)(xiii) of the
Rules of Procedure for details.) If we receive such
documentation within the ten (10) business day
period, we will not implement the Administrative
Panel's decision, and we will take no further
action, until we receive (i) evidence satisfactory
to us of a resolution between the parties; (ii)
evidence satisfactory to us that your lawsuit has
been dismissed or withdrawn; or (iii) a copy of an
order from such court dismissing your lawsuit or
ordering that you do not have the right to continue
to use your domain name.
5. ALL OTHER DISPUTES AND LITIGATION. All
other disputes between you and any party other than us
regarding your domain name registration that are not
brought pursuant to the mandatory administrative
proceeding provisions of Paragraph 4 shall be resolved
between you and such other party through any court,
arbitration or other proceeding that may be available.
6. OUR INVOLVEMENT IN DISPUTES. We will not
participate in any way in any dispute between you and
any party other than us regarding the registration and
use of your domain name. You shall not name us as a
party or otherwise include us in any such proceeding. In
the event that we are named as a party in any such
proceeding, we reserve the right to raise any and all
defenses deemed appropriate, and to take any other
action necessary to defend ourselves.
7. MAINTAINING THE STATUS QUO. We will not
cancel, transfer, activate, deactivate, or otherwise
change the status of any domain name registration under
this Policy except as provided in Paragraph 3 above.
8. TRANSFERS DURING A DISPUTE.
- Transfers
of a Domain Name to a New Holder. You may not
transfer your domain name registration to another
holder (i) during a pending administrative
proceeding brought pursuant to Paragraph 4 or for a
period of fifteen (15) business days (as observed in
the location of our principal place of business)
after such proceeding is concluded; or (ii) during a
pending court proceeding or arbitration commenced
regarding your domain name unless the party to whom
the domain name registration is being transferred
agrees, in writing, to be bound by the decision of
the court or arbitrator. We reserve the right to
cancel any transfer of a domain name registration to
another holder that is made in violation of this
subparagraph.
- Changing
Registrars. You may not transfer your domain
name registration to another registrar during a
pending administrative proceeding brought pursuant
to Paragraph 4 or for a period of fifteen (15)
business days (as observed in the location of our
principal place of business) after such proceeding
is concluded. You may transfer administration of
your domain name registration to another registrar
during a pending court action or arbitration,
provided that the domain name you have registered
with us shall continue to be subject to the
proceedings commenced against you in accordance with
the terms of this Policy. In the event that you
transfer a domain name registration to us during the
pendency of a court action or arbitration, such
dispute shall remain subject to the domain name
dispute policy of the registrar from which the
domain name registration was transferred.
9. POLICY MODIFICATIONS.
- We reserve
the right to modify this Policy at any time with the
permission of ICANN. We will post our revised Policy
at our website at least thirty (30) calendar days
before it becomes effective. Unless this Policy has
already been invoked by the submission of a
complaint to a Provider, in which event the version
of the Policy in effect at the time it was invoked
will apply to you until the dispute is over, all
such changes will be binding upon you with respect
to any domain name registration dispute, whether the
dispute arose before, on or after the effective date
of our change. In the event that you object to a
change in this Policy, your sole remedy is to cancel
your domain name registration with us, provided that
you will not be entitled to a refund of any fees you
paid to us. The revised Policy will apply to you
until you cancel your domain name registration.
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| Email: info@marocweb.us |
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