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Terms Of Service
Terms Of Service
| Terms Of Service |
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1.) Account Setup We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. 2.) Content All services provided by Surmount Hosting may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless Surmount Hosting from any claims resulting from the use of our services. Examples of unacceptable material: * Adult Sites (Even if the content is legal, it is not allowed in our servers) * Scam Sites (ex: Ebay/Paypal,CC/Password Scam sites) * Mailbombers or any sort of spam sites * IRC Bots * Warez Sites * Hate Sites * Roms / Emulators * Pirated Software * Hack programs and archives * Malicious Scripts 3.) Zero Tolerance Spam Policy We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice. Surmount Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Surmount Hosting also reserves the right to make any such modifications in an emergency at our sole discretion. Surmount Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Surmount Hosting. All rights reserved. 4.) Payment Information You agree to supply appropriate payment for the services received from Surmount Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify Surmount Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis. Surmount Hosting reserves the right to change the monthly payment amount and any other charges at anytime. 5.) Backups and Data Loss Your use of the service is at your sole risk. Surmount Hosting is not responsible for files and 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 Surmount Hosting servers. 6.) Cancellation and Refunds Surmount Hosting reserves the right to cancel the account at any time in case of TOS violation. Customers may cancel at any time. Refund requests after 30 days will be refunded on a prorated basis of any unused time. Payment made for domain registration will not be refunded, domain name can be transferred to client instead of refund. Accounts cancelled/terminated by Surmount Hosting do not qualify for the 30 day money back guarantee. This also includes accounts suspended for TOS violations, in which the customer decides not to fix the violation. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. 7.) Bandwidth Usage You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. 8.) Price Change Surmount Hosting reserve the right to change prices listed on Surmount Hosting, and the right to change the amount of resources given to plans at any time. Contract pricing customers will not be affected by any price change throughout the contract period. The amount you pay for hosting will never increase from the date of purchase. 9.) Indemnification Customer agrees that it shall defend, indemnify, save and hold Surmount Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Surmount Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Surmount Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Surmount Hosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Surmount Hosting's server. 10.) Uptime Guarantee Surmount Hosting strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by Surmount Hosting monitoring systems or Surmount Hosting authorized/contracted outside monitoring services. If Surmount Hosting fails to meet it's 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Surmount Hosting does not credit a full month's service for minor downtime. This would not be financially healthy for Surmount Hosting, and in turn would only negatively affect the service level Surmount Hosting provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Surmount Hosting may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one months service only, never more. Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Surmount Hosting network caused by or associated with: * Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement * Telco Failure (ie...Verizon™ cutting a fiber line somewhere) * Backbone peering point issues (ie...UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast) * Scheduled maintenance for hardware/software upgrades * Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Surmount Hosting utilizes only name brand hardware of the highest quality and performance. * Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime) * DNS issues not within the direct control of Surmount Hosting * Network floods, hacks, attacks from outside parties or individuals * Failure or error of any Surmount Hosting monitoring or measurement system * Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of Surmount Hosting service(s) in breach of Surmount Hosting Policy and Service Guidelines (AUP), by Client or others authorized by Client. 11.) Disclaimer Surmount Hosting will not be responsible for any damages your business may suffer. Surmount Hosting makes no warranties of any kind, expressed or implied for services we provide. Surmount Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Surmount Hosting and its employees. 12.) Changes to the TOS Surmount Hosting reserves the right to revise its policies at any time without notice. |
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