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Client Agreement
Where the content states: "We" includes SysHosts or any party acting on SysHosts's implicit instructions. "You" or "Reseller" includes the person purchasing the services and/or any party acting on the customer's instructions. "Member" includes the purchaser of services and/or any party acting on the purchaser's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to the relevant domain names Registry. "Server" means the computer server equipment in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "TOS" includes this agreement. SysHosts reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://www.SysHosts.com/terms-of-service.html. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
By using any portion of SysHosts's service, you are agreeing to this service agreement on this document entirely.
1. Domain Name Registration and SSL certificates
1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
1.4 We shall not release any domain to another provider unless full payment for that domain has been received by us.
1.5 SysHosts reserves the right to revoke or refuse an SSL certificate with or without prior notice
1.6 SysHosts reserves the right to increase/decrease our SSL prices at anytime with or without prior notice
1.7 SysHosts reserves the right to provide the customer with another equivalent SSL certificate should the advertise one not be available
1.8 SysHosts provides no warranties or guarantees on the nature and functionality of the certificates.
1.9 SysHosts does not provide technical support for SSL certficates apart from installing it for you.
1.10 SSL certificates issued free of charge because it was part of your package can be used on either SysHosts servers or another website not hosted by us. The choice is up to the customer. The SSL cert will be revoked if the hosting account is canceled unless the customer begins paying for the certificate at our advertised prices.
1.11 SSL Certificates & Free domains can only be received after successful payment and after our 16 day money back guarantee period has ended.
1.12 SysHosts reserves the right to charge an administration fee of upto 12% for the handling of adding funds to the domain reseller account.
2. Personal Web Hosting Account
2.1 Customer may not resell space in their account. Personal accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. This includes email services, cgi scripts, mySql services Web hosting services are defined as allowing a separate, third party to host content on the owner\'s web site. Exceptions to this include ad banners, classified ads, and personal ads. Should customer wish to host materials for companies that are not under direct control of customer, arrangements should be made by opening a ticket with our billing team at http://orders.syshosts.com/submitticket.php.
Failure to comply with this is grounds for immediate suspension of account until such time as the issue is resolved. Unauthorized Reselling or Providing Access Personal Account Services such as offering email services and accompanying features for use by individuals outside of the required use on your own account; the reselling or giving away of CGI and other scripts installed on SysHosts Servers; or providing access codes to individuals not authorized to receive such materials as necessary for the running of your website or account.
3. Use of services
3.1 Excessive CPU, Bandwidh or Disk Space Usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.
3.2 Excessive resource usage - cgi scripts or other executable code that consumes an undue amount of CPU time [defined dynamically by SysHosts at will] will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse. SysHosts reserves the right to terminate any process which it deems to be using excessive resource usage.
3.3 Background processes - background process [that is, application or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server] are not to be initiated without prior arrangement with use. We reserve the right to examine all code before it is run on the server. Running of background processes without prior arrangement in and confirmation in writing from SysHosts is server abuse.
3.4 Compiling - User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access. Compiling without prior arrangement and written confirmation is server abuse.
3.5 Mailing Lists - SysHosts has allocated tools to ensure proper delivery of opt-in opt-out mailing lists and normal email. It is important that you use these tools accordingly. All full packages include access to the pre-installed Mailman Mailing List Software. Large mailing lists, (those exceeding 500 subscribers) sent using the SysHosts Services, must be sent using the mailing list tools that have been pre-installed for this purpose. If your mailing list exceeds 1,500 addresses you should contact SysHosts requesting permission to send the mailing through the SysHosts servers prior to sending any messages. Sending a large mailing through mailing list software other than SysHosts pre-installed software can adversely affect the flow of email. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.
3.5a Mailing lists operated on SysHosts servers must be double opt-in with specific clear instructions in order to opt-out
3.6 Pornography - SysHosts allows the storage and transmission (inbound and outbound) of pornography with the exception of illegal content. Written permission must be obtained before any pornographic material is stored and/or transmitted through SysHosts servers.
3.7 Copyright software, Warez, destructive applications, copyright media, proprietary computer information and hacking & cracking sites are strictly prohibited on any portion of our services and network. Customers storing & transmitting (inbound and outbound) files that violate copyright or other federal laws are grounds for instant termination of service.
3.7a Warez Sites are sites that are typically used by "hackers" to trade (upload/download) illegally pirated copies of software programs with one another. SysHosts Hosting has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for "warez" programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.
3.8 Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and SysHosts Hosting reserves the right of interpretation as to what constitutes abusive practices. In short - if you are unsure that your actions may be perceived as an abuse of service, contact SysHosts Hosting directly to check with us before proceeding.
3.8a Ignorance of your actions and consequences does not exempt you from liability
3.8b SysHosts reserves the right to financially penalise any customer violating this agreement. The amount the customer is penalised is determined by SysHosts. The customer agrees to pay all financial penalties placed by SysHosts in full and within 30 days.
3.9 Email abuse - Unsolicited Commercial Email ['Spam'] is implicitly forbidden. This is considered server abused and is grounds for immediate termination.
3.10 Trafficking of illegal content - in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a SysHosts servers.
3.11 IRC sessions - Using SysHosts Hosting servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any SysHosts Hosting server. Running IRC from our servers makes them targets for attack. Don't run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs, Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC connection (daemons), 'bouncers', 'eggdrops' and the like are strictly prohibited.We will give no warning before terminating this activity and the account responsible.
3.12 Hacking / Denial of Service - Network activity that constitutes an attack on any internet host from a SysHosts is grounds for immediate termination of likely prosecution.
3.13 SysHosts prohibits any portion of its services to be resold without charge. This includes but not limited to: entire hosting accounts, email services, scripts, FTP accounts, MySQL databases, applications, licenses, webspace and bandwidth (this includes image hosting and file/data hosting services, either free or subscription/fee based).
3.13a SysHosts prohibits the use of any portion of our systems to be used primarily to serve file download services.
3.13b Proxy websites and similar are prohibited.
3.14 Any reselling of SysHosts services is prohibited unless clearly stated otherwise. Portions of a cPanel shared account may not be resold under any circumstances. Only resources in WebHostManager may be resold under a reseller agreement (i.e. with the purchase of a reseller package).
3.15 SysHosts backs up data for its own use and disaster recovery. The customer is encouraged to make their own backups. Customers may request 1 free restore per month. SysHosts makes it backups to an offsite location. We do not make any guarantees on the integrity and reliability of the backups.
3.15a SysHosts reserves the right to disable backups being performed on cPanel accounts larger than 4GB. You are responsible for monitoring your total cPanel account file space usage
3.15b SysHosts customers on dedicated platforms such as a Virtual Private Server and Dedicated Server are responsible for arranging their own backups. SysHosts does not perform backups of Virtual Private Servers and Dedicated Servers.
3.16 SysHosts guarantees a 99.9% server uptime to shared hosting customers (including reseller customers). The following credit schedule applies:
99.5 - 99.89 = 70% service credit
99.0 - 99.49 = 80% service credit
98 - 99 = 90% service credit
97.99 - 95.00 = 100% service credit
3.16a Customers claiming credit under our uptime guarantee must do so by opening a ticket within 72 hours of the incident with their username, main account domain and PayPal subscription ID or latest order number if you are paying by credit card. All requests after 72 hours of the downtime incident happening will be void.
3.16b Uptime guarantee and crediting schedule do not apply to subaccounts created by resellers and VPS customers.
3.17 SysHosts guarantees a 99.9% network uptime guarantee to VPS customers. Conditions in section 3.16a apply and the crediting policy set in 3.16 of this agreement also apply to this condition.
3.18 SysHosts has the final say and will determine the uptime of our servers and will base its uptime on our own monitoring systems. External monitoring statistics set up by customers will not be considered as evidence of uptime/dowtime.
3.19 Only one promotion can be used when ordering. Multiple promotions cannot be combined together and used together. Only one promotion per paying account. SysHosts reserves the right to refuse a promotion to a customer.
3.19a SysHosts reserves the right to revoke a promotion already being used or a new promotion introduced with or without prior notice
3.19b SysHosts reserves the right to reduce the advertised time of the promotion running time with or without prior notice
3.20 Customers wishing to take advantage of our "free migration from your old host" are limited to 25 free migrations from cPanel to cPanel servers. After the 25 initial migrations, the user is responsible to the transferring of files. Users should note that they are free to upload full cPanel backup files to our systems for us to restore. In which case we can restore up to 250 sites free of charge.
3.21 SysHosts reserves the right to delay provisioning of bundled account features (i.e. RapidSSL, WHMCS License, Legal Documents, Web Templates) until the customer has paid for their next hosting account renewal.
4.0 Reseller and VPS (Virtual Private Server) Responsibility
4.1 The reseller/VPS customer is liable and responsible for all actions of their account and subaccounts created by the reseller/VPS customer. As the reseller/VPS customer you agree to accept all responsibility and liability for your actions and the actions of your subusers either directly or indirectly.
4.2 Terms of Service violations as a result of a subuser account being exploited with or without knowledge will be the responsibility of the reseller/VPS account holder.
4.2a Resellers & VPS customers are responsible for the content of the accounts they create. If those accounts are hacked/abused, the reseller will be accountable for all costs and liability.
4.3 The reseller & VPS account holder agrees to actively monitor their subaccounts to ensure all subaccounts and their own account are abiding by all of SysHosts's policies and Terms Of Service
4.4 The legal liability and legal responsibility of the subaccounts of the reseller/VPS belongs to the reseller/VPS customer.
4.5 SysHosts reserves the right to financially charge the reseller/VPS customer for any contract violation.
4.6 If an IP assigned to a VPS client is blocked and/or blacklisted, SysHosts will impose a non-negotiable $100.00 penalty fee payable within 24hrs. SysHosts reserves the right to take further action should this bill remain unpaid.
4.7 Resellers are responsible for ensuring that the domain they choose upon sign up is the domain they wish to use. If the reseller requests to have the domain name of the main reseller account changed, a $25.00 one-time admin fee is charged.
5.0 Payment and Bills
5.0a All accounts are set-up on a pre-pay basis only
5.1 SysHosts provides a 1-day no interest credit period to the customer to allow resolution of any payment issues. SysHosts reserves the right to reduce the credit period time at its own discretion at anytime. SysHosts reserves the right to impose a late fee of 25% of the total invoice value if no payment within 1 day of the due date.
5.2 SysHosts will suspend your account if outstanding bills have not been paid in within 3 days. SysHosts reserves the right to suspend the account.
5.2a If after 7 days outstanding bills owed to SysHosts have not been paid in full and no further credit arrangements have been made, SysHosts will terminate all hosting accounts and deactivate all other services purchased through SysHosts until all owed amounts have been paid in full.
5.3 After account suspension, SysHosts will not provide you with any account backups unless the full outstanding bill has been paid in full before backups are deleted.
5.4 SysHosts reserves the right to impose a re-activation fee for accounts that have been suspended
5.5 SysHosts reserves the right to impose a late fee for circumstances where your bill has not been paid in full and on time
5.6 If you have a credit card on file, you authorise SysHosts to automatically charge the card upon due date.
5.7 If you have a credit card on file, but your primary method of payment is not credit card, and your account is overdue, you authorise SysHosts to charge the credit card it has on file.
5.8 If overdue accounts remain unpaid for a period of 30 days, SysHosts may pass your details to a 3rd party debt collection company or sell the debt. In such cases, SysHosts will impose a $150.00 collections & administration fee.
6.0 Refunds & Cancellations
6.1 You can only cancel your account by opening a support ticket with our billing department supplying your: Main account domain, username, password, subscription number or latest order number
6.1a If you do not cancel using the procedures set in section 6.1, your account will not be canceled and will be subject to charges
6.1.1 You must notify SysHosts at least 7 days before your next billing due date
6.1.2 If you do not notify SysHosts at least 7 days before your next billing date with your intent to cancel, you will be charged for any subsequent months where the cancellation notice has not been provided to SysHosts at least 7 days before the due date.
6.2 Accounts canceled under our 16 day money back guarantee are subject to a full refund for the hosting account only (less any additional fees), UNLESS the account was purchased under a special promotion held by SysHosts.
6.2a Accounts purchased under any SysHosts promotion (with our without coupon code) are EXCLUDED from the 16 day money back guarantee.
6.2b Any free additional services provided are deducted from the total refund amount of customers requesting a refund under our 16 day money back guarantee. The following fees are deductable (hence will not be refunded):
WHMCS: $5.00
ClientExec: $5.00
SSL certificate: $10.00
Domain Reseller: $1.00
Support Desk Software: $1.00
Legal Document templates: $20.00 (in the case where it was provided free)
Website templates: $20.00 (in the case where it was provided free)
If you have requested or used any of the above services, they will not be refunded as part of the 16 day money back guarantee and thus considered as chargeable items.
6.3 If you have violated our Terms of Service, the 16 day money back guarantee no longer applies to you
6.4 Domains, SSL certificates, IP addresses and any additional services ordered are not governed by our 16 day money back guarantee
6.5 If you are requesting credit under our 99.9% uptime guarantee (i.e. we did not provide you with 99.9% uptime), then the request must be submitted within 72 hours of the incident happening. Otherwise the request will be void.
6.6 You must allow up to 30 days for credit and refunds to be processed and applied to your account
6.7 If you have paid yearly for your account but cancel while having unused months not yet paid for, the remaining unused amounts will not be refunded. Customers have 16 days to request a refund regardless of how many days, weeks, months or years you have paid for.
6.8 If you are using our domain reseller account services, and cancel your account, the domain reseller account will be suspended and any funds loaded in the domain reseller will be forfeited. Any domains in the domain reseller will also be forfeited. The customer is thus responsible for transferring any domains away from our domain reseller before terminating an account with us.
6.9 Any funds sent to SysHosts which are in excess of the amount owed to SysHosts can only be reimbursed as account credit.
7.0 Supplementary Policies
7.0 SysHosts reserves the right to introduce additonal policies found at "http://SysHosts.com/legal.htm". By agreeing to this terms of service, you are also agreeing to all policies at "http://SysHosts.com/legal.htm".
7.1 By accepting this terms of service you hereby declare you are aware of these policies, have read them in their entirety and agree to abide by all conditions set in the policies.
7.2 By accepting this terms of service, you declare that you understand the policies may be changed at anytime with and/or without notice.
7.3 By accepting this terms of service, you declare that you understand it is the responsibility of 'you' to check for updates and ensure you are not violating any of the supplementary policies.
8.0 End-user Support
8.1 If your package includes end-user support, SysHosts will only begin the end-user support part of the package once you provided us with your company name, email to send notifications to and desired password. This must be done via ticket.
8.2 SysHosts has no guaranteed response time but aims to respond within 24 hours.
8.3 SysHosts will be acting on your behalf. Thus you are responsible for the content and nature of the replies SysHosts provides.
8.4 SysHosts does not provide support desk installation or help with configuration of a support desk. This is the responsibility of the customer.
8.5 Customer must use the helpdesk provided by SysHosts in order to use our end-user support service
8.6 SysHosts will keep itself anonymous and make every attempt to ensure your customers do not find out about SysHosts but we cannot guarantee your customers will not be able to find out about us by themselves.
9.0 Support Restrictions
9.1 SysHosts does not provide support for 3rd party scripts including all scripts listed in Fantastico, RVSiteBuilder, ClientExec and any other script unless explicitly stated.
9.2 If you open a ticket requesting support for a 3rd party script, your ticket will be reprioritized as low priority and may be closed without an answer.
9.3 The offer of any particular service does not constitute an obligation on SysHosts part to tutor the necessary skills to utilize that service, only to provide system-specific information.
9.4 problems with domain names/DNS issues are NOT directly the responsibility of SysHosts . DNS is a cooperative system and works solely because the parties involved in running the system agree to cooperate in the furtherance of the DNS/domain system. We will do our best to isolate the source of the problem at hand, however unless this source is hardware directly under the control of SysHosts, then the task of acquiring a solution will fall back into your hands. SysHosts will advise when requested, but rarely intermediate in domain issues not directly related to the operation of one of our DNS servers.
9.5 SysHosts covers free initial migration from your previous host. This service is limited to cPanel/WHM to cPanel/WHM transfers. We offer basic troubleshooting after account migration to ensure things have been transferred successfully. SysHosts does not cover 3rd party script troubleshooting. It is your responsibility to ensure your scripts are compatible with our server environment.
9.6 The same support restrictions also apply to our end-user support
10.0 Lawful Purpose
10.1 SysHosts reserves the right to refuse service to anyone. Customers may only use SysHosts server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of SysHosts Hosting management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in United Kingdom, England, and any dispute will be litigated or arbitrated in United Kingdom, England.
11.0 Indemnification
11.1 CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD SysHosts HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING
REASONABLE ATTORNEY\'S FEES ASSERTED AGAINST SysHosts, 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, IT\'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD
HARMLESS SysHosts AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH
SysHosts SERVER; (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 CUSTOMER FROM SysHosts SERVER.
12.0 Disclaimer
12.1 SysHosts WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. SysHosts MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE
PROVIDE. SysHosts DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY SysHosts AND ITS EMPLOYEES. SysHosts RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
12.2 SysHosts RESERVES THE RIGHT TO CANCEL/SUSPEND/TERMINATE YOUR ACCOUNT AT ITS OWN DISCRETION WITH OR WITHOUT REASON IF IT FEELS THE ACCOUNT WILL CAUSE DAMAGE TO THE ORGANISATION OR ANY OTHER REASON. SysHosts RESERVES THE RIGHT TO ALTER THE SERVICES PROVIDED AT ANY TIME WITH OR WITHOUT NOTICE.
12.3 ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF SysHosts MUST ADHERE TO THE MENTIONED HERE POLICIES.
12.4 FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
13.0 Intellectual Property Rights
13.1 Material accessible to you through SysHosts services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use SysHosts or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the SysHosts network. If you use a domain name in connection with SysHosts or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
14.0 Contract
14.1 SysHosts reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of SysHosts Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service). Please check back regularly for any updates
15.0 Acceptable Use Policy (AUP)
ACCEPTABLE USE POLICY
This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with SysHosts. If you engage in any of the activities prohibited by this AUP document SysHosts may suspend or terminate your account.
SysHosts\'s Acceptable Use Policy (the "Policy") for SysHosts Services is designed to help protect SysHosts, SysHosts\'s customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by SysHosts. SysHosts reserves the right to modify the Policy at any time, effective upon posting at http://url_to_AUP_policy.
Prohibited Uses of SysHosts Systems and Services:
A. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
B. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through SysHosts's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on SysHosts\'s servers, is prohibited. SysHosts accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
C. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by SysHosts customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any SysHosts-hosted domain, or referencing any SysHosts account, is prohibited.
D. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
E. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
F. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
G. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
H. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any SysHosts customers or end-users by any means or device.
I. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the SysHosts network or on another provider's network.
J. Using SysHosts's Services to interfere with the use of the SysHosts network by other customers or authorized users.
Customer Responsibility for Customer's Users
Each SysHosts customer is responsible for the activities of its users and, by accepting service from SysHosts, is agreeing to ensure that its customers/representatives or end-users abide by this Policy.
Complaints about customers/representatives or end-users of an SysHosts customer will be forwarded to the SysHosts customer\'s postmaster for action. If violations of the SysHosts Acceptable Use Policy occur, SysHosts reserves the right to terminate services with or take action to stop the offending customer from violating SysHosts's AUP as SysHosts deems appropriate, without notice.
DEDICATED SERVER TOS:
Terms of Service & Acceptable Use Policy
("Dedicated Hosting Agreement")
This legally binding contract (the "Agreement") is by and between SysHosts, Inc., an Illinois corporation ("SysHosts"), and you and your assigns, employees, agents or contractors ("You", "Your", the "Client") and is effective as of the date you purchase dedicated hosting services from SysHosts. This Agreement sets forth the terms and conditions of Your use of SysHosts's Dedicated Server services (collectively, the "Services") and represents the entire agreement between You and SysHosts relating to the Services. This Agreement contains provisions that set forth SysHosts's Acceptable Use Policy, Privacy Policy and guarantees of a certain service level (found in the "Uptime Guarantee" and "Service Level" sections below).
By purchasing the Services, You acknowledge and agree that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that SysHosts may establish and post on its website from time to time.
Description of Services
SysHosts provides the Services to its customers for a monthly fee. SysHosts will provide You an account on one or more of its dedicated servers, provided, however, You abide by the terms and conditions set forth in this Agreement and in any other agreement pertaining to other services you may purchase. SysHosts reserves the right to modify its network and facilities used to provide the Services for purposes including, but not limited to, accommodating evolving technology and increased network demand, and providing enhanced services. SysHosts shall use reasonable efforts to notify You in advance of any planned changes to SysHosts's network or facilities that may adversely affect the Services provided under this Agreement.
Fees
Fees for Services ordered by You shall be charged beginning on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
From time to time it may be necessary to make adjustments in the fees and surcharges charged for the Services in order to cover certain changing costs (e.g., power) incurred by SysHosts in providing the services. Such adjustments will be reflected on the statement or invoice provided to you for the Services, and you agree to pay for the fees and surcharges for the Services, as adjusted.
Payment Options
SysHosts provides several options for payment:
- Credit Card on File. When you place a credit card on file with SysHosts, we will, typically, bill the card a few days before your invoice is due. If the credit card charge is expired, not authorized or declined by our processing company, we will notify you via E-mail. We request that you update your card promptly. If your invoice becomes more than 3-days past due (from the invoice Due Date) then SysHosts reserves the right to suspend service or terminate service after 3 days past due until payment is received.
- Checks, Money Orders, Wire Transfers and Pay Pal payments. SysHosts accepts both checks and money orders. In the event a check is returned, SysHosts will charge a returned check fee of $35.00 or, if less, legal limit in Your state or country. You are responsible for payment of all bounced check fees. In the event Your invoice is 3-days or more past due (from the invoice Due Date) then SysHosts reserves the right to suspend service or terminate service after 3 days past due until payment is received.
Late Payment
SysHosts reserves the right to charge a late fee of 1.5% per invoice per month on late payments. Invoices will be automatically considered late once the invoice due date has passed.
Non-payment Termination
In the event you fail to pay your invoice within 3 days of the due date, we reserve the right to suspend your service.
If you are still past due on the 5th day from the due date on the invoice, we reserve the right to terminate your service entirely and reformat your server.
If you are terminated for non-payment, we also reserve the right to refer your account to a third party collection agency and you agree to pay any collection fees or legal fees we may be charged to collect on your debt.
Overage Billing
"Overage" is defined as usage of the Services provided by SysHosts to You in excess of the allocated limitation. Overages are charged for SAN, Backup, Bandwidth and Professional Services (administrative time) used in excess of the amount allocated to Your account.
You agree to pay the then-current Overage fees and charges for the SysHosts services, including backup and bandwidth Overage fees, upon receipt of an invoice. Overage rates are set and published on our website at http://www.SysHosts.com/servers/addon_pricing.php. Usage information is available in LEAP and through your SysHosts Account Executive.
Overage fees can be avoided by subscribing to a higher service plan.
Cancellation and Refunds
SysHosts is not able to schedule cancellation for a specific time or date. To submit a cancellation request, please visit http://cancel.SysHosts.com and follow the on-screen instructions. When you request cancellation, we will follow this process: We will first contact you to confirm the cancellation and verify that you are authorized under your account to cancel it. Then, we will immediately suspend billing and cancel the server. We are not able to provide scheduled cancellations and all cancellations are effective immediately. Regarding mid-month or mid-period cancellations, SysHosts will not issue pro-rated refunds for cancellations received in the middle of a payment cycle.
Refunds will not be given on a pro-rated basis for Services provided in a given billing period. Receipt by you of any Services in a given period will obligate you to pay for the Services during that entire billing period.
Term and Termination and Money Back Guarantee
You agree to a month to month term for the Services unless otherwise agreed to in writing. The month to month term for services is automatically renewed each month unless either party notifies the other in writing of its desire that the Agreement not be renewed, no later than three (3) days before the next upcoming anniversary date for billing. You may cancel Your account by terminating this Agreement in this manner by contacting the SysHosts billing department.
SysHosts may terminate this Agreement effective immediately and without notice upon any breach by You of any of the terms of this Agreement. In such event, SysHosts shall have no obligation to refund any fees paid in advance by You.
At this time, SysHosts does not offer a refund-based MBG of any kind.
Chargebacks and Payment Disputes
Under this Terms of Service agreement you must first contact SysHosts to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question.
By using our services You agree to the above policy and to contact SysHosts before contacting your financial institution to seek a resolution.
In the event you dispute charges contrary to this agreement, we reserve the right to add a $150 collection chargeback fee and to refer your account or sell your debt to a third party collection agency. We also reserve the right to take further legal action against you.
Promotional or Special Offers: Pre-payment Offers
From time to time, SysHosts may offer discounted pricing for initial introductory periods (e.g., discounted fees for the first months service.) A condition of such discounted pricing may be the requirement that prepayment for a period longer than the introductory period be paid. For example, the first month's service may be offered for a discount, with the standard pricing going into effect during the second month, with a quarterly prepayment being required. Promotional offers are non-refundable.
Promotional or Special Offers: Other Types of Offers
From time to time, SysHosts may offer promotional or special offers as sales incentives. These offers may be comprised of discounts, free time, free services, discounted services, trial offer periods and other types of offers. Such offers cannot be combined with other offers unless otherwise stated and are one-time use offers. One offer per client only. Offers are valid only where they are permitted by law. Offers are void where prohibited. Some offers (example: "Three Months Free Load Balancing Service") require You, the Client, to contact SysHosts prior to the expiration of the trial period in order to avoid being re-billed. Offers which provide a discounted monthly rate for a specified period of time will reset automatically to the full monthly rate once the promotional period has passed and You, the Client, agree to pay, in full, the full monthly rate, unless You cancel in advance.
Tortuous Conduct
Any abuse towards any SysHosts employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing, calling or submitting online tickets to SysHosts. Any cursing, yelling, or further intentional disruptive behavior aimed at SysHosts or its employees shall be considered a violation of this Terms of Service agreement.
Any threat; whether orally, verbally, in written, via E-mail, via Live Chat, delivered by second parties or delivered in any other way, and directed towards SysHosts or any of SysHosts's employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service agreement. Threats of physical violence will be directed to the proper authorities.
No refunds shall be given when the above Tortuous Conduct clause is violation and necessitates the termination of an account or services.
License to Host
You hereby grant to SysHosts a non-exclusive, royalty-free, worldwide right and license during the term of this Agreement to do the following to the extent necessary to provide the Services under this Agreement: (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink any content uploaded by You; and (b) make archival or backup copies of content uploaded by You to the SysHosts servers. SysHosts shall have the right, but not the obligation, to make backup copies of the data uploaded by You to the SysHosts servers. You are responsible for any of your content residing on SysHosts's servers and for the backup thereof.
Storage and Security
At all times, You bear full risk of loss of any content and software you place on the SysHosts servers. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server.
SysHosts does not undertake any obligation to provide management or security services unless you specifically request it to do so. If any technology specifically associated with your account requires updating, You must make a request for such update through SysHosts's ticketing system.
You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; and (iii) ensure the security, confidentiality and integrity of Your content transmitted through or stored on SysHosts servers. SysHosts shall have no liability to You or any other person for loss, damage or destruction of any of Your content.
Uptime Guarantee
"Uptime" refers to the amount of time the Services are available, as measured solely and only by SysHosts's internal monitoring systems. "Downtime" refers to the amount of time the Services are unavailable, as measured solely and only by SysHosts's internal monitoring systems. SysHosts guarantees that it's Networking and Connectivity services will be available 100% of the time. In the event such level of service is not provided, SysHosts will credit your account in an amount as determined in the chart below, reflecting credit percentages of the monthly fees paid by You to SysHosts for the Services, but not payments made for any of the following products and services: domain name registration, software licenses, IP address charges, set up fees, shipping and handling, SSL certificate fees, labor charges, and other services which are unrelated to Uptime.
1. 100% will result in a credit of: 0%
2. 99.1% to 99.9% will result in a credit of: 5%
3. 98% to 99% will result in a credit of: 10%
4. 95% to 97.9% will result in a credit of: 25%
5. 90% to 94.9% will result in a credit of: 50%
6. 89% or below will result in a credit of: 100%
To receive a credit, You must make a request by sending an email message to billing@SysHosts.com. Each request in connection with this Agreement must include the dates and times of the Downtime, the name and IP address of the server or servers which experienced the Downtime. The request must be received by SysHosts within ten (10) business days after the incident of Downtime. If the unavailability is confirmed by SysHosts, credit will be applied to Your SysHosts account within thirty (30) days of receipt of Your credit request.
The total amount credited to You in a particular month under this Agreement shall not exceed the total amount of fees paid by You for such month for the affected Services. Credits are exclusive of any applicable taxes charged to You or collected by SysHosts and are Your sole and exclusive remedy with respect to any Downtime.
The provisions of the Agreement pertaining to Force Majerue are unaffected by these terms referring to Uptime Guarantee. Moreover, downtime caused by any of the following shall not result in any obligation by SysHosts to provide credit to You:
1. emergency maintenance
2. scheduled maintenance
3. system upgrades
4. domain name system (DNS) problems outside of SysHosts's control
5. issues with FTP, POP, IMAP, or SMTP customer access
6. Acts or omissions by You or any of Your employees or agents, resulting in downtime
7. Any negligence, willful misconduct, or use of the services in breach of SysHosts's Acceptable Use Policy
8. Problems with users' web browsers, DNS, or other caching that might make it appear the Services are unavailable even though others can still access the SysHosts servers.
Hardware Replacement Guarantee
SysHosts strives to maintain the integrity of the hardware used to provide its services, and any Downtime caused by hardware failure shall be credited pursuant to this Agreement. SysHosts maintains a stock of all essential hardware necessary to provide the Services. SysHosts shall replace any and all substantially malfunctioning hardware within 1 hour of SysHosts becoming aware of such substantial malfunction.
The amount of time for replacement of hardware shall be measured from the moment that SysHosts determines that the hardware must be replaced, and does not include time spent diagnosing the problem, researching other solutions, investigating the cause of the failure or time spent installing software, restoring backups or other, similar situations.
In the event that SysHosts fails to meet this hardware replacement guarantee, SysHosts will issue, to You, account credits in the amount of 10% of the base monthly server rent for each hour after the first hour of the monthly service fee for the server in question to a maximum of 50% of the cost of the server itself (excluding any management, upgrades or additional services associated with the server in question.)
To receive a credit, You must make a request by sending an email message to billing@SysHosts.com. Each request in connection with this Agreement must include the dates and times of the hardware replacement situation, the name and IP address of the server or servers which experienced delayed replacement. The request must be received by SysHosts within ten (10) business days after the incident. Upon confirmation by SysHosts, credit will be applied to Your SysHosts account within thirty (30) days of receipt of Your credit request.
Acceptable Use
You agree not to use the Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- administer IRC;
- harm minors in any way;
- impersonate any person or entity;
- "stalk" or otherwise harass another person;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes;"
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
TERMS APPLICABLE TO RESELLERS
THE TERMS IN THIS SECTION APPLY TO RESELLERS OF SysHosts’S HOSTING SERVICES THROUGH SysHosts’S “TANDEM” RESELLER PROGRAM.
Grant of Right to Resell Services
Provided that You complete the registration process and are accepted by SysHosts for participation in SysHosts’s “Tandem” Reseller Program (the “Reseller Program”), You are granted the limited right as provided in this section to resell the Services. This limited right is conditioned upon Your full compliance with all applicable user agreements, including but not limited to SysHosts’s Terms of Service and Acceptable Use Policy, and is also conditioned upon compliance with all applicable user agreements by the customers of Yours to whom You resell SysHosts’s services (“Reseller Customers”).
The rights granted to You to resell the Services are non-transferable and cannot be sold separately or in conjunction with the sale of an existing site or business without SysHosts’s prior written consent.
Price and Payment
SysHosts will provide the Services to You under the Reseller Program at the prices and rates posted on the Reseller Price Schedule, which is located inside of the SysHosts LEAP control panel and accessible at any time, applicable to You. The rates applicable to You will vary depending on various factors such as
- Volume of servers that you currently maintain with SysHosts
- Volume of value added services that you currently maintain with SysHosts
- Special written offers provided by an Account Executive or other authorized SysHosts employee.
- Custom pricing for Servers and Services (“Overrides”)
Pricing is updated every night automatically based on the above factors
Indemnification by Reseller
You agree to indemnify, defend and hold SysHosts harmless against any and all claims, damages and liability occasioned by any conduct of You or Your Reseller Customers, including any and all claims arising from content uploaded or stored by any Reseller Customer. You agree to indemnify SysHosts against transactions processed by SysHosts by or on Your behalf that are fraudulent in nature.
Agreement to Cooperate With Investigations
You agree that You will provide assistance to SysHosts in connection with any investigation, demand, or notice provided to SysHosts pertaining to any conduct or content of any Reseller Customer made by any governmental agency or third party. Such assistance shall include but not be limited to investigation and necessary communication in connection with “Takedown Notices” issued to SysHosts pursuant to the Digital Millennium Copyright Act. You agree that You will cooperate with SysHosts in connection with all reasonable requests made by SysHosts for You to preserve all information and content that may be the subject of any investigation or third party claim.
Management of Reseller Customer Accounts
At all times you must maintain a list and contact information of your clients with SysHosts for the purpose of cooperation with any investigations that may be executed upon you or your clients activities, and to maintain your active status as a reseller with SysHosts.
In the event of a default or breach by You of any provision of this Agreement or the SysHosts TOS (Terms of Service), or in the event You abandon, for any reason, Your obligation to provide the Services to any of Your Reseller Customers, SysHosts shall be entitled to do any of the following in connection with Your Reseller Accounts:
- Directly contact Reseller Customers
- Bill Your Reseller Customers directly for the Services
- Collect all amounts due directly from such Reseller Customers
- Terminate Your Account (including Your status as a participant in the Reseller Program)
In the event of default, breach or abandonment by You as provided in this subsection, You agree to provide to SysHosts, on SysHosts’s request, all billing and contact information for each of Your Reseller Customers so that SysHosts may exercise the rights set forth in this subsection.
Your Obligations to Provide Customer Service
Unless You elect otherwise, on a per incident basis, through a technical feature in the Reseller Program, You shall be solely responsible for providing all Customer Service to Your Reseller Customers. In the event You elect to have SysHosts handle a particular customer service incident, You grant the authority to SysHosts to handle the particular situation exercising SysHosts’s sole discretion, and agree to hold SysHosts harmless for any claims made by the Reseller Customer in connection with SysHosts’s handling of the customer service request. SysHosts reserves the right to charge You a fee for each incident You elect SysHosts to handle.
Requirements for Agreements With Reseller Customers
In no event will You undertake any obligation to any Reseller Customer which would grant or purport to grant any rights not expressly provided to You under this Agreement.
Disclaimer of Warranties
You acknowledge and agree that SysHosts exercises no control over, and accepts no responsibility for, the content of the information passing through the host computers, network hubs and points of presence or the Internet. NEITHER SysHosts, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT SysHosts PROVIDES. NEITHER SysHosts, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. SysHosts IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CLIENTELE VIA THE SERVICES PROVIDED BY SysHosts.
Indemnification
You agree to indemnify, hold harmless, and defend SysHosts and all directors, officers, employees, and agents of SysHosts from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) arising out of or relating to the use of the Services by You, including any violation of the Acceptable Use Policy set forth in this Agreemnet. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.
Limitation of Liability
IN NO EVENT SHALL SysHosts BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF SysHosts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will SysHosts's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by You for the Services during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. The provisions of this Agreement pertaining to Uptime Guarantee apply to credits available to you for system downtime.
SysHosts’s Utilization of Third Party Services
SysHosts reserves the right, and You agree to pay for, services of third party consultants hired by SysHosts in its discretion to assist SysHosts in providing the Services to you. Fees for the services of third parties retained by SysHosts will be charged to You in the invoice covering the period during which the third party services were utilized by SysHosts.
Unsolicited E-mail Policy
"Unsolicited E-mail Complaint" is an occurrence of a third-party complaint regarding a specific E-mail communication message sent by You. "Unsolicited E-mail Incident" is an occurrence of a single E-mail message which may have been sent to multiple E-mail addresses. An Incident may contain numerous Complaints. Incidents may contain Complaints received up to 24 hours after the first. After 24 hours, a new Incident will be opened. "IP Black Listing" is an occurrence when a third party black listing service determines that a SysHosts issued IP address is a frequent source of Unsolicited E-mail. Black Listings result in the IP address (or multiple IP addresses in the same "IP range") are unable to send E-mail to certain third parties.
SysHosts has designed this portion of this Agreement to comply with the United States CAN-SPAM Act (the "Act".) The Act states that commercial E-mail must be solicited, an effective, visible and clearly defined un-subscription process be in place, that every E-mail message sent be sent from a valid address, without any form of IP or source spoofing, that every E-mail message sent contain the physical contact information of the sender, that every receipient of such E-mail messages has requested to receive such E-mails and that the messages and method in which they were sent comply with the other provisions of the United States CAN-SPAM Act.
SysHosts considers any attempt to send Unsolicited E-mail Messages or other forms of Spam E-mail (including "Spamvertising" other websites or services or products) to be violations of this Agreement.
To help reduce the overall Unsolicited E-mail problem, SysHosts has put into place the following 3-Strike Policy: For every Unsolicited E-mail Incident, SysHosts will assess a penalty of $25.00 per verified Incident and a penalty of $200 for the first instance of IP Black Listing and $400 for the second instance of IP Black Listing (collectively, the "Penalties".) For each $25.00 Unsolicited E-mail Incident Penalty, you will be issued one strike. For your first IP Black Listing Incident, you will be issued one strike. For your second IP Black Listing Incident, you will be issued two strikes. On your third strike, SysHosts reserves the right to terminate your service with or without warning. If your service is terminated under the Unsolicited E-mail Policy then you forfeit all fees paid, including pre-paid fees and unused time. All fees paid become non-refundable. Further, account termination does not absolve or nullify Penalty payments you may owe to SysHosts. Further, you may accumulate additional Penalties based on complaints received after your termination. This section of the Agreement will survive for a period of one year after this agreement is terminated.
Force Majeure
SysHosts shall not be liable for failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, 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 Services.
Intellectual Property
You represent and warrant that Your use of the Services shall not infringe the intellectual property or other proprietary rights of SysHosts or any third party. You further acknowledge that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of SysHosts is owned by SysHosts and/or its licensors. Unless otherwise specifically provided in this Agreement, You shall have no right, title, claims or interest in or to SysHosts's intellectual property.
You shall not copy, modify or translate any SysHosts intellectual property or related documentation, or decompile, disassemble or reverse engineer same, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, You are not authorized to distribute or to authorize others to distribute SysHosts intellectual property in any manner without the prior written consent of SysHosts.
SysHosts respects the intellectual property of others, and we ask You to do the same. SysHosts may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
Governing Law and Forum Selection
This Agreement shall be interpreted and construed according to, and governed by, the laws of the State of Illinois. The Circuit Court of Cook County, Illinois shall have exclusive jurisdiction to hear any dispute under this Agreement, or, if such court is without subject matter jurisdiction, the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction.
Waiver and Modification
Except as otherwise provided herein, this Agreement may not be amended except through a writing executed by the parties. Any failure or delay in exercising any right, remedy, or power under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.
Assignment and Severability
This Agreement shall be binding upon and inure to the benefit of You, SysHosts and their respective successors, and assigns. You may not assign this Agreement without the prior written consent of SysHosts, which consent will not be unreasonably withheld. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
Additional Incorporated Agreements
Additional amendments to the Agreements, when noted, are amendments to this Agreement and are to be incorporated into it. Examples include terms and conditions for promotional offers and other additional terms and conditions.
SysHosts reserves the right to modify this agreement as needed without notice, and You agree that by creating, using, or otherwise engaging in business with SysHosts, that You have fully read, fully understand and agree to these Terms and Conditions. You understand that the Terms and Conditions in the Agreement are legally binding and that you are authorized to enter into such agreements on behalf of Your organization or Yourself.
PRIVACY POLICY
Contact: general@syshosts.com
For each visitor to our Web page, our Web server automatically recognizes only the consumer's domain name, but not the e-mail address (where possible). We collect only the domain name, but not the e-mail address of visitors to our Web page, user-specific information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations. The information we collect is used for internal review and is then discarded, used to improve the content of our Web page, used to customize the content and/or layout of our page for each individual visitor.
With respect to cookies: We use cookies to ensure that visitors are not repeatedly sent the same banner ads.
With respect to contact forms: We will contact you using the information you provide us on our contact forms for the purposes stated on the form. This information includes any of the following that may be ommited from a short request form: Your full name, Your street address, Your fax number, Other contact information about You and general survey questions we may have. If at any time you wish for us to delete your account and cease contact with you simply request so by contacting us and letting us know via E-mail.
If you do not want to receive e-mail from us in the future, please let us know by sending us a e-mail to general@syshosts.com.
If you supply us with your postal address on-line you will only receive the information for which you provided us your address.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will contact you before we use your data for these new purposes to notify you of the policy change and to provide you with the ability to opt out of these new uses.
Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them. Consumers can access this information by e-mail us at the above address.
With respect to security: We always use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site.
If you feel that this site is not following its stated information policy, you may contact us at the above addresses.
SysHosts Networks is Authorized to store credit / debit card information if you intend to pay by credit card. Your card information is kept in a secure envioment. Syshosts Networks stores credit / debit card information to charge monthly recurring services. SysHosts is PCI Compliant.
Certification can be produced on request. McAfee PCI Scan 3709-01-04.
Last PCI Scan: Orders.syshosts.com - 15-May-2010 13:36
LAST REVISION: 17th of May 2010 -- 16:19PM GMT |
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