Acceptable use policy for shared hosting clients
This Services Contract or Service Agreement ("Agreement") is a valid legal agreement between ServerPoint, Inc. ("ServerPoint") and you, the individual or single entity ordering ServerPoint's services ("Services"). This Agreement governs your purchase and any use of ServerPoint's Services ordered by you.
ServerPoint reserves the right to reject this Agreement for any reason prior to acceptance. Activation of the Services will indicate ServerPoint's acceptance of this Agreement. This agreement shall become effective as of the date of (1) your acceptance of this agreement, (2) the activation of your account or (3) your receipt of an e-mail from ServerPoint confirming your order, whichever happens first.
ServerPoint may amend or otherwise modify this Agreement at any time. We encourage you to periodically check our site for changes to this Agreement since your continued use of the site following any changes to this Agreement will be deemed to constitute your acceptance of such change. The operative and effective version of this Agreement will be the latest version available on the site.USER CONDUCT
ServerPoint prohibits the use of its web hosting services for any unlawful purposes. For more information, please check our Acceptable Use Policy (AUP)OUR RIGHTS
ServerPoint has the right to deny business to a customer, if this customer is:
- rude to a member of our staff
- attempting to re-open an account after the user's account has been previously cancelled due to a policy violation
- constantly creating problems on a server
- constantly having billing problems (credit card denied way too often, checks bouncing, etc)
- demanding or expecting in a rude fashion more than what our service provides or what we can do ("I want you to install X software for me. Do it now or else", "I want more email accounts for free. I'm the customer and you have to satisfy me. So give me the extra email accounts", etc.)
Always be polite. If you are not, we have the right to no longer provide you with web hosting service. If we decide to stop providing you service due to any of these reasons, we'll give you service until the end of your billing cycle so that you have time to move to a new web host. If we consider the event to be too severe, the account will be terminated immediately. Note: Such a decision would be *FINAL*.INDEMNIFICATION
You hereby agree to indemnify, defend, save and hold harmless ServerPoint from any and all demands, liability, penalties, losses, damages, costs, claims, expenses, attorneys' fees asserted against ServerPoint, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, ServerPoint, or any other party or parties without limitation or exception.REFUSAL OR DISCONTINUANCE OF SERVICE
You hereby agree that any termination or refusal shall not constitute a breach of contract, or be used as the basis for any other claims, financial or otherwise against ServerPoint by you, and you agree to indemnify and hold ServerPoint harmless from any claims by third parties resulting from your use of our web hosting services. ServerPoint may elect at its sole discretion to monitor some, all or none of your web activities for adherence to this agreement. At all times, ServerPoint reserves the right to terminate this agreement, and refuse providing further service to anyone it determines is in violation or may violate any law.DATA ENCRYPTION
Although ServerPoint provides encrypted data through its secure servers via industry standard methods, ServerPoint assumes no responsibility for the effectiveness of any encrypted data, nor will ServerPoint guarantee that an encryption algorithm will be indecipherable, and data visibly transmitted. ServerPoint makes no claims or warranties regarding the viability, integrity or invincibility of the encryption used, nor will ServerPoint accept responsibility for the success or failure of the secure server to properly encrypt data. Therefore by using ServerPoint's secure server and being charged for its use, you assume any risks that the encryption may be decipherable.NOT TRANSFERRABLE
You agree that the ServerPoint service is not transferrable. Whoever activates and pays for the account is responsible for that account.ECPA NOTICE
ServerPoint reserves the right to monitor any and all communications through the system. You agree that ServerPoint is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.IDENTIFICATION INFORMATION AND EMAIL
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply ServerPoint with correct information for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use. You also agree that any payment method used will be valid. 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.CONFIDENTIALITY OF PASSWORD
You are responsible for maintaining the confidentiality of your password and are liable for any harm from disclosing or allowing disclosure of any password or from use by any person of your password to gain access to your account.BACKUP OF DATA
Your use of this service is at your sole risk. Our backup service overwrites our previous backups and is not intended to be use by customers to recover backup of their data. ServerPoint is not responsible for files and/or data, e-mail and other information residing on your account. You are fully responsible to backup everything you have stored on ServerPoint servers. ServerPoint reserves the right to delete all of your data, files, e-mail and other information that ServerPoint holds in computer storage once your account has been terminated or suspended, for any reason, by either party. There is a minimum charge of $100.00 for any request to restore data from our backup. Please contact our accounting department for more information. Cancelled accounts will be fully deleted from our system after 5 days of the cancellation date.TRANSFER OF DATA
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.DEDICATED IP ADDRESS ALLOCATION
Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.NO WARRANTIES
ServerPoint provides the services "as is" without warranty of any kind. In the event that ServerPoint provides you with products in conjunction with other services, ServerPoint also provides those products "as is" without warranty of any kind, whether express or implied. ServerPoint disclaims all implied warranties, including the implied warranties of merchantability or fitness for a particular purpose. In no event shall ServerPoint be liable for any direct, consequential, loss of profit, special, exemplary or punitive damages, even if ServerPoint has been advised of the possibility of such damages, that you incur from the usage of information obtained over the internet. Notwithstanding anything here to the contrary, ServerPoint shall not be liable for any claim brought for any amounts in excess of the aggregate of the amounts paid for such account during the 12 month period prior to the date the cause of action arose. ServerPoint will not be responsible for any damages your business may suffer. ServerPoint makes no warranties of any kind, expressed or implied, for services we provide. ServerPoint 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 ServerPoint and its employees. ServerPoint reserves the right to revise its policies at any time.THIRD PARTY PROVIDERS
All transactions with third party providers are solely between the visitor and the individual provider. ServerPoint is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by ServerPoint are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party. All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing. We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.BILLING PROCEDURES
Subject to the acceptance of this Service Agreement and Acceptable Use Policy, ServerPoint will activate the service upon completion of the registration process, payment and account validation/approval is completed. Once your account is opened, you will receive your password, account information and instructions via email. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify ServerPoint of any unauthorized uses of the account or any other breaches of security. ServerPoint cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will ServerPoint be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Billing Cycles (Terms)
ServerPoint billing cycle begins when you receive an e-mail confirming that your website has become available for access over the Internet. The first month (and all months of service) is payable in advance, including any set up or extra fee. All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide ServerPoint your credit card information, you authorize ServerPoint to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with the cancellation policy (below). You are responsible for directly updating, or notifying ServerPoint, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status). Customers not paying by credit card agree to prepay at least for 3 months of services and send payment at least ten (10) business days before the Account Statement Date. Accounts that are five (5) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
An email announcing your next payment date will be sent to the contact email addresses you provide to ServerPoint (via the order process or the control panel's email section). It is not ServerPoint's responsability if you do not receive or read that email. In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the total amount of prepayment months selected in the control panel. The expiration of your domain name does not automatically terminate your hosting account. Your hosting account billing term automatically renews upon its completion. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
ServerPoint does not mail paper invoices or statements. Statements will be send via email to your account's primary email contact.
All charges are shown in US Dollars. Payments are to be made in US dollars. ServerPoint accepts the following types of payment:
- Check, Certified Checks or Money Order
- Credit Card (VISA, MasterCard, American Express, Discover)
- Bank WireTransfer (Special request)
- Returned (NSF) Checks: ServerPoint charges a $25.00 fee for returned (NSF) checks an services will be terminated immediately until payment is provided. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.
- Credit Card Chargebacks: ServerPoint has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at ServerPoint's discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
- Bank Wire Payments: ServerPoint charges a $15.00US wire transfer processing fee; international wire transfers will incur a $20.00USD processing fee. Please add these fees to the amount that you are sending to ServerPoint or the amount credited to your account will be less than your intended payment.
- Reactivation: Customers that wish to reactivate a closed account cancelled due to lack of payment will be assessed a $25.00 reactivation fee.
- Hosting Plan Changes: Customers electing to change to a lower/higher priced hosting plan on the same platform will be charged a $5.00 downgrade/upgrade fee. During upgrades, you will also be charged any difference in price between your current package and new package.
ServerPoint's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
Any refund will incur in a 10% administration fee or a $3.00 fee, whichever is higher, which will be subtracted from the total amount of the refund. Any refund sent outside the United States will incur an extra delivery fee. Refunds might take up to 90 days to be processed.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and ServerPoint is not responsible for any change in exchange rates between time of payment and time of refund. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
- Bank Wire Transfers
- Western Union Payments
- Money orders
We guarantee that 99.95% of the time your web site will be accessible via IP address to the world. The IP address is the numerical value equivalent to www.yourdomain.com. If your web site is not online 99.95% of the time we will refund the percentage of your monthly hosting fees equal to the downtime. For purposes of this guarantee, Service Outages shall be defined as 20 consecutive minutes of web site (HTTP) inaccessibility. This means 20 continuous minutes, an unbroken sequence of 30 minutes of network outage. But, this guarantee does NOT include:
- planned outages
- partial outages of less than 30 contiguous minutes
- degradation of service due to high packet loss
- any conditions which may be indicative of the Internet as a whole
- specific customer's network/personal computer hardware failure
ServerPoint Inc. will not be held responsible for Service Outages resulting from non ServerPoint operated equipment including, but not limited to, Internet NAP failures or congestion (MAE East, MAE West, etc.) and non ServerPoint backbone failures, telephone circuits between a POP and the customer location any networks or network equipment not owned or controlled by ServerPoint Inc. Additionally, Service Outages will not include downtime due to OS (denial of service) attacks on customer web sites, Acts of God, nor for outside security breaches, acts of any governmental body, war, insurrection, 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, domain name registration/transfer/expiration, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site. In addition, a client breaking any or terms and conditions in ServerPoint "policies" causing a machine to fail as a result. Furthermore, ServerPoint will not be held responsible for delays in the registration or transfer of a domain due to InterNIC related issues, including DNS propagation, for outages resulting from malfunctioning customer scripts or applications that are installed by the customer, nor for unusual traffic spikes or DOS (denial of service) attacks on customer web sites. Finally, ServerPoint will not be held liable for Service Outage damages resulting in the loss of prospective profits or anticipated sales or as a result of expenditures, investments, or commitments in connection with the business. For more information check our Service Level GuaranteesREFUNDS AND OUR 30-DAY MONEY BACK GUARANTEE
- ServerPoint offers a 30-day money back guarantee which consists of a full refund of the current month of shared hosting during the first 30 days of service (excluding setup fees), plus a refund of any months of service you have prepaid, with certain restrictions mentioned below
- After the first two months, the current month of service will not be refunded, but you will be refunded any months of service you have prepaid.
- The cost of a new domain, domain renewal or a registrar transfer can't be refunded.
- Extra services, like domain pointers, search engine submission, custom work, etc, are not refundable.
- There is no refund of the current month of service if the web site is considered a high traffic site or exceeds its bandwidth allocation.
- That this guarantee is reduced to 7 days for resold accounts.
- This guarantee does not apply to search engine submission service.
- This guarantee does not apply to secure certificates. Secure certificates are not refundable.
- This guarantee does not apply if a violation of any policy occurs.
- This guarantee does not apply to VPS and Cloud Services.
- This guarantee does not apply on dedicated server plans.
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.POLICIES FOR CANCELLATION OF SHARED HOSTING AND RESOLD ACCOUNTS
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must submit your cancellation through your control panel. Cancellation requests must be received by ServerPoint a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server and colocation plans (please check your dedicated or colocation contract for detail information on any other cancellation requirement) and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by ServerPoint. ServerPoint is unable to cancel your account effective for a future date. ServerPoint will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact ServerPoint as soon as possible. If, the account is not paid within 5 days after payment is due, access to the account will be blocked and the web site will be taken offline. No backup of it will be provided (it is the user's responsability to have a local copy of his/her web site). Any such termination or interruption does not relieve you from paying the overdue amount plus any interest, and in the event of collection enforcement, you shall be liable for any costs associated with such collection, including legal costs, attorney fees, court costs, or collection agency fees. ServerPoint does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to ServerPoint's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. ServerPoint Inc.reserves the right to cancel any account, at any time, without notice, for any reason ServerPoint Inc considers appropriate.
The following policies will apply if you desire to cancel your account:
- Any request for cancellation must be submitted through your control panel no later than ten (10) days before your account is due.
- If you send in a cancellation request after your account became due and was paid, and you do not qualify for our 30 day money back guarantee, the payment will not be refunded.
- All cancellation requests must be done through your control panel.
- An email saying "please cancel my account" is not enough, as there is no way to know if the person requesting such cancellation is actually authorized to do so. Any request for cancellation must be submitted through your control panel.
- Any account that is terminated due to violations to our policies will not be refunded the current month of service and will not qualify for the 30day money back guarantee. Months that have been paid in advanced will be refunded after any necesary deduction and you will be charged a "cleanup" fee of $60 with NO advanced notice.
- ServerPoint reserves the right to cancel service at any time if a violation of any policy occurs. All fees paid in advance of cancellation will be pro-rated and paid. Any violation of policies which results in extra costs will be billed to the customer.
Dedicated Servers and Colocation Services may be cancelled with 30 days notice (please check your contract and agreements for any other special cancellation requirement).RESELLERS
Resellers are responsible for supporting their clients. ServerPoint does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. ServerPoint will hold any reseller responsible for any of their clients actions that violate the law or the terms of service. It is the reseller's responsibility to watch over his/her customer's correct usage of their accounts.The following policies apply to resellers and resold accounts:
- All the policies mentioned in this agreeement and in our Policies page apply to resold accounts.
- It is the reseller's responsibility to take care of his/her customer.
- Reseller's customers should not contact ServerPoint for support.
- Resold accounts can't exist without the reseller's accounts. So if the reseller's account is cancelled for some reason, resold accounts either have to be cancelled or must be moved to fully paid accounts.
- It is the reseller's duty to pay for the resold accounts, and the reseller's responsibility to charge his/her customer, at any price established by the reseller.
- It is mandatory for a reseller to conduct good business practices.
- We are not responsible for any fraud made by the reseller's customers. Please make sure of the validity of any account you are reselling.
- We are not responsible if a client of a reseller finds out that ServerPoint is the ultimate provider of the service. This includes placing the name of ServerPoint (or any other identifying information) by error in the control panel of resold accounts, if the customer finds out about us with a network tools, and other events.
- Only resellers are allowed to use our tech support sections in their pages, and they must be expunged if the resellers cancel their account with ServerPoint. If any person, client or not, is found using our content without our permission, we will pursue the issue legally.
- By reselling an account you agree and conform with our reseller's service contract.
There are no set limits on the disk space or data transfer (bandwidth) that we provide in plans marked "unlimited". We want you to have the resources you need to build a great online presence. Still, we do need to be sure that we're providing all of our customers with optimum service. As such, we do require all customers to be fully compliant with our Terms of Service and utilize disk space and bandwidth related to the normal operation of a personal or small business website. While it is rare, we may need to put constraints on accounts that are adversely affecting other customers or otherwise utilizing or abusing resources beyond what would be expected of a personal or small business website. Normal usage means that you operate a personal or small business website that utilizes resources in a manner similar to most of our other customers. For example, the system requirements of large corporations are not equal to those of small businesses and their resource requirements would not be considered normal for our architecture. Another example would be the storage of large numbers of video or audio files that may be associated with a site, but require more resources to support than a normal personal or business website would. Typically, customers only run into issues if they use their accounts for storage or file sharing, which is not what our services are intended to support. In accordance with our Agreements the disk space and bandwidth you use must be integrated into the normal operation of your website.DATA LOSS POLICY
ServerPoint is not responsible for any data loss and/or damages. This includes data loss caused by the user, lack of caution by the user (i.e.: leaving your password written down where others can see it, log in, and delete/steal your data), hardware/software/human error, or a server security breach. ServerPoint is *very* strict about server security and it is something we monitor constantly. We are also very good at maintaining hardware in optimum conditions thanks to our years of extensive experience in the server hardware industry. ServerPoint is not responsible for any losses caused by the termination of an account.EMAIL AND SPAM
"Spam" is the act of sending mass unsolicited advertising (through any means, either email, USENET, ICQ, etc) to users that have not requested it. We do NOT tolerate spam. The account of a customer found to be spamming will be terminated immediately and will be charged a "cleanup" fee of $60 (even if the spam did not originate from our servers but contains advertising about a web site or service in our servers). Account termination is done only after necessary research and after it is proved that the customer indeed originated the spam. A violation of this policy also includes any spam sent from outside our systems, but still mentioning any web site within our systems. Emails sent to other users should be respectful and considerate. If it is proven that emails originating from a client is affecting any other Internet user/organization negatively, then the client will have his/her account terminated immediately. Mailbombing, subscribing a user to a mailing list without his/her authorization, the posting of outrageous messages to generate response and/or cross posting to an excessive number of newsgroups to bring traffic is forbidden by ServerPoint, and the general Internet population. Your email account features must not to be used to provide your visitors with "free email" offer. Doing so could kill a server, as thousands of people using email at a time can crash the operating system due to the excessive load, Plus, their email messages will take a lot of hard drive space. Email accounts are only for the internal use of a web site's staff. Users with excessive email usage will be monitored and could have their email restricted if the user's usage of email is harmful to the server's performance. This includes excessive email deliveries due to a site that had web based email in a previous occassion but is no longer offering such service (email addressed to previous users will still arrive, sometimes reaching thousands of messages per hour), a large number of undelivered messages bouncing back to our servers as a result of poorly maintained mailing lists/delivery lists, etc, and any other number of reasons that cause an excessive and harmful amount of email usage. We do not allow clients to send more than 1000 pieces of e-mail per day from a shared hosting account. If you do send more than 1000 pieces of e-mail per day, your account will be placed on hold. If you are sending legitimate e-mails and they total more than 1000 per day your account will be revaluated and moved to a special account (if needed). Please contact us for more information. Mailing lists provided by web sites must all include instructions on how a receiver can unsubscribe from the mailing list. In addition, mass e-mails need to be sent during non-peak hours of the day. Such deliveries will only be allowed between 3:00 AM to 7:00 AM EST.DOMAIN NAME REGISTRATION
Should you choose to register a domain name through ServerPoint, ServerPoint will register a second level domain name on your behalf, provided such domain name is available for registration. ServerPoint acts only as an intermediary between you and the organization providing the domain name, and has no influence over the assignment of domain names. The registration of your domain name is subject to the terms and conditions of those third-party registrars, and is also subject to the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP"). ServerPoint assumes no liability in the event the domain name is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned domain names do not infringe the rights of third parties, or that you will retain the rights to that domain name for any period of time. You agree that you are responsible for any and all fees and costs related to the registration of your domain name, and you authorize ServerPoint to debit your credit card for any such fees and costs. We are not responsible if you did not get the renewal notice and your domain was place in redemption period or was deleted. You must monitor your domain expiration/renewal date and contact us for payment as soon as you can. You may register any domain you want, as long as the domain is not of a trademark owned by someone else (i.e.: you can't register a domain like IBM.com even if it were available), however, the ability to successfully register the domain does not make you immune from objection to the use or registration of the domain. Read the Uniform Domain Name Dispute Resolution Policy for more information. In the event of a charge back by a credit card company, or similar action by another payment provider the customer agrees and acknowledges that the domain name registration shall be transferred to ServerPoint Inc. In addition, we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. In any of such cases ServerPoint reserve the right to change the domain's information, including username and password. ServerPoint will reinstate Customer's domain name registration solely at ServerPoint's discretion, and subject to our receipt of the initial registration or renewal fee and a reinstatement fee of $35.00.IP ADDRESS OWNERSHIP
ServerPoint is not responsible for disruption of service caused by changes in IP addresses. Although ServerPoint will do everything possible to maintain uptime in such event, customers handling DNS externally might experience downtime if they don't update their DNS servers correctly. ServerPoint shall maintain and control ownership of all IP numbers assigned, and at its sole discretion ServerPoint can change or remove any and all such IP numbers at any time.USAGE
User may not: 1) Use 25% or more of system resources for longer then 90 seconds. 2) Run stand-alone, unattended server-side processes at any point in time on the server. 3) Run any type of web spider or indexer on shared servers. 4) Run any software that interfaces with an IRC (Internet Relay Chat) network. 5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. 6) Participate in any file-sharing/peer-to-peer activities 7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc 8) Run cron entries with intervals of less than 15 minutes. 9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately. 10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php") 11) To help reduce usage, do not force html to handle server-side code (like php and shtml). 12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.DAMAGE OR LOSS OF INCOME OR PROFITS
ServerPoint will not be held liable for any damages or loss of income or profits resulting from:
- The use of its service by you or a third party
- Service interruptions caused our negligence, or your negligence, or any other errors or omissions
- Service interruptions caused by acts of nature or act of God
- Any loss of data/files, caused by delays, non-deliveries or wrong deliveries
- planned outages or partial outages
- degradation of service due to high packet loss
- any conditions which may be indicative of the Internet as a whole
- specific customer's network/personal computer hardware failure
ServerPoint Inc. will not be held responsible for Service Outages resulting from non ServerPoint operated equipment including, but not limited to, Internet NAP failures or congestion (MAE East, MAE West, etc.) and non ServerPoint backbone failures, telephone circuits between a POP and the customer location any networks or network equipment not owned or controlled by ServerPoint Inc. Additionally, Service Outages will not include downtime due to OS (denial of service) attacks on customer web sites, Acts of God, nor for outside security breaches, acts of any governmental body, war, insurrection, 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, domain name registration/transfer/expiration, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site. In addition, a client breaking any or terms and conditions in ServerPoint "policies" causing a machine to fail as a result. Furthermore, ServerPoint will not be held responsible for delays in the registration or transfer of a domain due to InterNIC related issues, including DNS propagation, for outages resulting from malfunctioning customer scripts or applications that are installed by the customer, nor for unusual traffic spikes or DOS (denial of service) attacks on customer web sites. Finally, ServerPoint will not be held liable for Service Outage damages resulting in the loss of prospective profits or anticipated sales or as a result of expenditures, investments, or commitments in connection with the business.
ServerPoint is not responsible for the content, accuracy or quality of information obtained through its service, or information hosted on its web servers.
At no point in time will ServerPoint be responsible for loss of business caused by using ServerPoint's services.PRIOR AGREEMENTS
This Agreement supersedes all previous representations, understanding or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.APPLICABLE LAW, JURISDICTION, AND SERVICE
This agreement shall be governed by the laws of Clark County Nevada and the United States of America. If any part of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of the Agreement will not be affected or impaired in any way. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered in Clark County Nevada, and any dispute will be litigated or arbitrated the courts of Clark County Nevada, USA. Furthermore, defendants waive all objections to venue and acknowledge that venue in any such litigation will be held in Clark County Nevada's courts. IN NO EVENT SHALL ServerPoint'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS. ALL RESELLERS OF ServerPoint MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.Effective Date
We are not responsible for any typographical or translation error.