Service All
Terms of Service:
Where
the content states: "We" includes Service All or our
agents acting on Service All's implicit instructions.
"You" includes the person purchasing the services or any
party acting on the customer's instructions. "Member"
includes the purchaser of services 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. In consideration of the mutual
covenants herein, the parties agree to the following, which
shall apply during the term of this agreement:
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1.
Domain Name Registration
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.
1.4 We shall not release any domain to another
provider unless full payment for that domain has been
received by us.
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2.
Web Site Hosting And Email
2.1 We make no representation and give no
warranty as to the accuracy or quality of information
received by any person via the Server and we shall have no
liability for any loss or damage to any data stored on the
Server; except as set forth in Section 7 below.
2.2 You shall effect and maintain adequate
insurance coverage in respect to any loss or damage to data
stored on the Server.
2.3 You represent, undertake and warrant to us
that you will use the Web Site allocated to you only for
lawful purposes. In particular, you represent, warrant and
undertake to us that:
2.3.1 you will not use the Server in any
manner which infringes any law or regulation or which
infringes the rights of any third part; nor will you
authorize or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening,
abusive, malicious, obscene, pornographic, profane or
otherwise objectionable as determined by Service All in
any way.
(b) any material containing a virus or other hostile
computer program.
(c) any material which constitutes, or encourages the
commission of a criminal offence, or which infringes any
patent, trade mark, design right, copyright or any other
intellectual property right or similar rights of any person
which may subsist under the laws of any jurisdiction.
2.3.3 you will not send bulk email, whether
opt-in or otherwise, from our network. Nor will you promote
a site hosted on our network using bulk email originating
from another source.
2.3.4 you will not employ programs which
consume excessive system resources including, but not
limited to, processor cycles and memory. We do not host IRC,
IRC bots, or other server resource intensive programs.
2.3.5 If you surpass your allotted
disk/bandwidth usage as set forth in your purchased plan,
you agree to purchase the excess in blocks as set forth in
our "plans" section; such payment to be immediate and
non-disputable.
2.4 We reserve the right to remove any
material which we, at our sole discretion, deem
inappropriate from your web site without notice. This
includes, but is not limited to, Warez, Underage, Adult
Content, Pornographic, or Copyrighted MP3 content.
2.4.1 Adult Content is described as:
(a) Any site whose revenue is gained in whole or part
from it's adult content.
(b) Photos or videos showing frontal nudity on either
male or female for non-scientific or non-artistic purposes.
(c) Photos or videos showing graphic violence, death
or dismemberment.
(d) Revenue-generating hyperlinks to sites that
violate this policy.
2.4.2 The final decision regarding quality of
content disputes is made entirely at our sole discretion and
shall not in any way be curtailed by differing
interpretations by you or any third party.
2.5 You shall keep secure any identification,
password and other confidential information relating to your
account and shall notify us immediately of any known or
suspected unauthorized use of your account or breach of
security, including loss, theft, or unauthorized disclosure
of your password or other security information.
2.6 You shall observe the procedures which we
may from time to time prescribe and shall make no use of the
Server which is detrimental to our other customers.
2.7 Members utilizing free hosting shall
exclude themselves from promotions offered and afforded to
paying Members.
2.7.1 Members utilizing free hosting shall
display a banner as supplied by Service All.
2.8 You shall procure that all mail is sent in
accordance with applicable legislation (including data
protection legislation) and in a secure manner.
2.8.1 Sending unsolicited mail messages,
including without limitation, commercial advertising and
informational announcements, is expressly prohibited. A
Member shall not use another site's mail server to relay
mail without the express permission of the site.
2.8.2 It is contrary to Service All
policy for Members to use our servers to effect or
participate in any of the following activities:
To post to any Usenet or other newsgroup, forum, e-mail
mailing list or other similar group or list articles which
are off-topic according to the charter or other
owner-published FAQ or description of the group or list.
To send mass e-mailings; whether unsolicited, opt-in, or
otherwise.
To engage in any of the foregoing activities using the
service of another provider, but channeling such activities
through a Service All provided server, or using a
Service All provided server as a mail drop for
responses.
To falsify user information provided to Service All or
to other users of the service in connection with use of a
Service All service.
2.8.2(a) Consequences of Violation:
When Service All becomes aware of an alleged violation
of its Acceptable Use Policy, Service All will initiate
an investigation. During the investigation Service All
may restrict Member's access in order to prevent further
possible unauthorized activity. Depending on the severity of
the violation, Service All may, at its sole discretion,
restrict, suspend, or terminate Member's account and/or
pursue other civil remedies. If such violation is a criminal
offense, Service All will notify the appropriate law
enforcement department of such violation.
2.8.2(b) You shall be held liable for any and
all costs incurred by Service All as a result of your
violation of these terms and conditions. This is including,
but is not limited to, attorney fees and costs resulting
from Postmaster responses to complaints from and the cleanup
of unsolicited commercial mailings and/or unauthorized bulk
mailings and/or news server violations. Service All’s
current hourly rate for Postmaster responses to complaints
and cleanup of unsolicited commercial mailings and/or
unauthorized bulk mailings and/or news server violations is
US $100 per hour, with a minimum one (1) hour charge, plus
US $1 for each bulk-email or Usenet message sent, plus US $1
per complaint received. Server maintenance fees of $85 per
hour.
2.8.3 Service All does not issue service
credits for any outages incurred through service disablement
resulting from Policy violations.
2.9 Any access to other networks connected to
Service All must comply with the rules appropriate for
those other networks
2.10 While we will use every reasonable
endeavor to ensure the integrity and security of the Server,
we do not guarantee that the Server will be free from
unauthorized users or hackers and we shall be under no
liability for non-receipt or misrouting of email or for any
other failure of email.
2.11 You may cancel the Services at any time
by logging into the Ticket Desk Support System (for
verification) and requesting cancellation of services.
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3.
Service Availability
3.1 We shall use our reasonable endeavors to
make available to you at all times the Server and the
Services but we shall not, in any event, be liable for
interruptions of Service or down-time of the Server.
3.2 We shall have the right to suspend the
Services at any time and for any reason.
3.3 The Services provided to you hereunder and
your account with us cannot be transferred or used by anyone
other than you. No more than one log-in session under any
one account may be used at any time by you. If you have
multiple accounts, you are limited to one login session per
system account at any time; user programs may be run only
during log-in sessions. If your account is found to have
been transferred to another party, or shows other activity
in breach of this sub clause, we shall have the right to
cancel the account and terminate the Services and/or this
Agreement immediately.
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4.
Payment
4.1 All charges payable by you for the
Services shall be in accordance with the scale of charges
and rates published from time to time by us on our web site
and shall be due and payable in advance of our service
provision. We reserve the right to change pricing at any
time although all pricing is guaranteed for the period of
pre payment.
4.2 Payment is due each anniversary month,
quarter or year following the date the Services were
established until closure notice is given. If you choose to
pay by credit or debit card you authorize Service All
to debit your account renewal fees from your card.
4.3 All payments must be in US Dollars.
4.4 If your check is returned by the bank as
unpaid for any reason, you will be liable for a "returned
check" charge of $45 USD.
4.5 Without prejudice to our other rights and
remedies under this Agreement, if any sum payable is not
paid on or before the due date, we shall be entitled
forthwith to suspend the provision of Services to you.
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5.
Termination / Cancellation
5.1 If you fail to pay any sums due to us as
they fall due, we may suspend the Services and/or terminate
this Agreement forthwith without notice to you.
5.2 If you break any of these terms and
conditions we may suspend the Services and/or terminate this
Agreement forthwith without notice to you.
5.3 If you are a company and you go into
insolvent liquidation or suffer the appointment of an
administrator or administrative receiver or enter into a
voluntary arrangement with your creditors, we shall be
entitled to suspend the Services and/or terminate this
Agreement forthwith without notice to you.
5.4 No refunds will be made for Services
suspended in accordance with 5.1, 5.2 and 5.3.
5.5 We reserve the right to suspend the
Services and/or terminate this Agreement at any time. In the
event of this You will a be entitled pro rata refund based
upon the remaining period of membership.
5.6 You may cancel the Services at any time by
Ticket Desk Support System
(for verification) and requesting
cancellation of services.
5.7 During the first 30 days of Services, You
are entitled to a refund of fees paid with the exclusion of
domain name registration, dedicated server, data transfer
fees, and excessive support requests should you decide to
cancel the Services for just cause. Service All shall
be the sole arbitrator as to the validity of your claim of
just cause. And will subtract the aforementioned fees from
any monies due you.
5.7.1 During the first fourteen days of
service you are entitled to a full, no questions asked
refund excluding as set forth in sections 5.7, 5.7.2, 5.7.3,
and 12.5; as well as exclusions listed in section 2 above.
For the remaining time your refund will be prorated and
factored at the full discretion of Service All.
5.7.2 Partner Plans (Resellers) are eligible
for above refund minus usage fees; if such use has been
deemed excessive at the discretion of Service All. Such
accounts are often more resource intensive than standard
shared hosting accounts and, therefore, do not qualify under
our standard 30 day guarantee details.
5.7.3 You will not be entitled to a refund on
these basis if you have previously had an account with
Service All under any plan or service.
5.7.4 Allow 30 (thirty) days for refund
payments to process. If you have not received refund within
this time allotment; please contact us.
5.8 Where payment has been made by credit or
debit card, any refund will only be issued to the same
credit or debit card.
5.9 On termination of this Agreement or
suspension of the Services we shall be entitled immediately
to block your Web Site and to remove all data located on it.
However, we will allow you ample opportunity and means to
collect all your data.
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6.
Indemnity
6.1 You shall indemnify us and keep us
indemnified and hold us harmless from and against any breach
by you of these terms of business and any claim brought
against us by a third party resulting from the provision of
Services by us to you and your use of the Services and the
Server including, without limitation, all claims, actions,
proceedings, losses, liabilities, damages, costs, expenses
(including reasonable legal costs and expenses), howsoever
suffered or incurred by us in consequences of your breach or
non-observance of this Agreement.
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7.
Limitation Of Liability
7.1 All conditions, terms, representations and
warranties relating to the Services supplied under this
Agreement, whether imposed by statute or operation of law or
otherwise, that are not expressly stated in these terms and
conditions including, without limitation, the implied
warranty of satisfactory quality and fitness for a
particular purpose are hereby excluded, subject always to
sub clause.
7.2 Nothing in these terms and conditions
shall exclude our liability for death or personal injury
resulting from our negligence.
7.3 Our total aggregate liability to you for
any claim in contract, tort, negligence or otherwise arising
out of or in connection with the provision of the Services
shall be limited to the charges paid by you in respect of
the Services which are the subject of any such claim.
7.4 In any event no claim shall be brought
unless you have notified us of the claim within one year of
it arising.
7.5 In no event shall we be liable to you for
any loss of business, contracts, profits or anticipated
savings or for any other indirect or consequential or
economic loss whatsoever.
7.6 You are responsible for monitoring
Bandwidth and Disk space usage of your site. This is easily
done from your Control Panel. If you go over the amount
indicated in your current plan; you will assessed a
surcharge as set forth in our pricing structure.
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8.
Notices
8.1 Any notice to be given by either party to
the other may be sent by either email, fax or recorded
delivery to the address of the other party as appearing in
this Agreement or ancillary application forms or such other
address as such party may from time to time have
communicated to the other in writing, and if sent by email
shall unless the contrary is proved be deemed to be received
on the day it was sent or if sent by fax shall be deemed to
be served on receipt of an error free transmission report,
or if sent by recorded delivery shall be deemed to be served
two days following the date of posting.
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9.
Support
9.1 On our site you will find links to all the
information to get your web site up and running. All
information pertaining to your account should have been
included in the Welcome Letter you received when we created
your account. If you did not receive a welcome letter email,
please
contact
support.
There are several reasons an email may not reach you; first
and foremost is if the domain you have contracted services
for is the same domain your welcome email was sent to.
9.2
The support feature of our service at present time consists
of solving server related problems only.
9.2.1
If you require support for your scripting, there are several
online tutorials available we can help you find. You may
purchase our technicians' services at the rate of $80 per
hour, with one half hour minimum billed. We reserve the
right to waive this fee any time.
9.3 Support can only be addressed in English
through our
Ticket Desk Support System.
9.4 All Support requests are to be processed
through
our
Ticket
Desk Support System.
Any other request for support, except as noted in Section
9.5, will be considered a breach of this TOS.
9.5
In the event of server outage or other
emergency, you are free to contact us by any means possible.
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10.
Law
10.1 This Agreement shall be governed by and
construed in accordance with United States law and the laws
governing the state of Michigan. You hereby submit to the
non-exclusive jurisdiction of the U.S. courts.
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11.
Headings
11.1 Headings are included in this Agreement
for convenience only and shall not affect the construction
or interpretation of this Agreement.
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12.
Torturous Conduct
12.1 No one shall post defamatory, scandalous,
or private information about a person without their consent,
intentionally inflicting emotional distress, or violating
trademarks, copyrights, or other intellectual property
rights.
12.2 Any abuse towards any Service All
employee will not be tolerated. You are expected to request
and respond to support and other issues in a professional
manner. When
emailing Service All
refrain from using caps, exclamation points, and other forms
of written yelling. Any cursing, yelling, or further
intentional disruptive behavior aimed at Service All or
it's employees shall be considered a violation of this TOS.
12.3 Any threat; whether verbally, orally,
written, or delivered by second parties directed towards
Service All or any of it's employees, partners,
equipment, and concerns shall be construed as a violation of
this TOS.
12.4 Any conduct viewed as violating this
section shall be considered a violation of this TOS.
Service All will be the sole arbitrator in regards to
what is deemed a violation.
12.5 No refunds shall be given when the
contents of this section necessitates removal of the
account.
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13.
Cancellation of Services
13.1 You may cancel the Services at any time
by logging into our Ticket Desk Support System (for
verification) and requesting cancellation of services.
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14.
Entire Agreement
14.1 These terms and conditions together with
any documents expressly referred to in them, contain the
entire Agreement between us relating to the subject matter
covered and supersede any previous Agreements, arrangements,
undertakings or proposals, written or oral: between us in
relation to such matters. No oral explanation or oral
information given by any party shall alter the
interpretation of these terms and conditions. In agreeing to
these terms and conditions, you have not relied on any
representation other than those expressly stated in these
terms and conditions and you agree that you shall have no
remedy in respect of any misrepresentation which has not
been made expressly in this Agreement.
14.2 Service All reserves the right to
amend these TOS at any time.
14.3 Although we shall use just diligence to
make members aware of any updates, it shall remain your
responsibility to check these Terms of Service on occasion
for any such amendments.
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15.
Freedom to use these Terms
15 You (anyone viewing this page) are free to
use these terms as a template for writing your own. Please
have it reviewed by a local attorney to make certain it
conforms with your applicable laws. You will also wish to
confirm that the terms you create using this form as a
template conform to your upstream provider.
15.1 Service All releases rights to this
document text to the reader, free of encumbrance. Except as
noted in this section (15.3).
15.2 In no form can you hold Service All
responsible for any and all actions arising out of your use
of these terms as your own.
15.3 If you choose to use these terms as your
own, this section (15) must remain intact; save for our
name. You agree to let others use these terms as a guide.
15.4 Our release of this text material in no
way assigns rights of any images viewed herein.
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