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Note: If you accept this agreement without reading it in its
entirety, you are still bound by this agreement in its entirety.
Introduction
This document sets forth the principles, guidelines
and requirements of the Terms of Service ("Agreement") of
ServerFly.com ("ServerFly") governing the use by the Customer
("Customer") of ServerFly's services ("Services"). This
agreement been created to promote the integrity, security,
reliability and privacy of ServerFly's facilities, network, and
Customer data contained within. ServerFly believes it provides
the best services in the industry, and provides the following
policies in the best interests of ServerFly and ServerFly's
Customers. ServerFly retains the right to modify these terms at
any time and any such modification shall be automatically
effective as to all Customers when adopted by ServerFly.
ServerFly shall be the sole and final arbiter as the the
interpretation of the following. By utilizing ServerFly's
services and products, the Customer agrees to be bound by the
terms herein outlined.
1. Account Setup and E-mail On File
ServerFly will setup Customer's account after it verifies the
Customer's order and/or payment in case of fraud. It is the
Customer's responsibility to provide ServerFly with a valid POP
or IMAP email address which does not contain and/or utilize the
domain of a free email service provider (example: 'hotmail.com'
of Microsoft's Hotmail/MSN mail service, 'gmail.com' of Google
mail service, 'yahoo.com' of Yahoo's mail service and etc.) or
the domain that the Customer is signing up under.
Customer must sign up ServerFly's hosting services using a
registered and valid domain that is owned by the Customer. If
there is ever an abuse issue or ServerFly needs to contact the
Customer, the primary email address on file will be used for
this purpose. It is the Customer's responsibility to ensure the
email address on file is current or up to date at all times.
Providing false contact information of any kind may result in
the termination of the Customer's account. In high risk
transactions, it will be necessary for the Customer to provide a
government issued identification and/or a bank statement of the
credit card used for the purchase. If the Customer fail to meet
these requirements, the order may be considered fraudulent in
nature and be denied. What constitutes a "high risk transaction"
shall be determined by the ServerFly in its sole and absolute
discretion.
2. Content
All services provided by ServerFly may only be used for lawful
purposes that, in the sole judgment of the Company, are not in
violation of any local, state, federal or non-United States law
or regulation.
The Customer agrees to indemnify and hold harmless ServerFly
from any claims resulting from the use of ServerFly's services.
Use of ServerFly's services to infringe upon any copyright or
trademark is prohibited. This includes but is not limited to
unauthorized copying of music, books, photographs, or any other
copyrighted work. The offer of sale of any counterfeit
merchandise of a trademark holder will result in the immediate
termination of the Customer's account. If the Customer believes
that the Customer's copyright or trademark is being infringed
upon, please email abuse(at)serverfly.com. If the request is of
a licensing issue, ServerFly may require further documentation.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez,
".img" / image hosting only sites that do not host an actual
domain name, Escrow, High-Yield Interest Programs(HYIP), Bank
Debentures, Bank Debenture Trading Programs, and Prime Banks
Programs, lottery sites, muds / rpg's, hate sites, hacker
focused sites/archives/programs, sites promoting illegal
activities and/or sites that are directly or indirectly linked
to any of the above.
ServerFly reserves the right to refuse service to Customer. Any
material that, in ServerFly's sole judgement, is obscene or
threatening is prohibited and will be removed from ServerFly's
servers with or without notice.
Failure to respond to email from ServerFly's Abuse department
within 48 hours may result in the suspension or termination of
Customer's services.
If in doubt regarding the acceptability of the Customer's site
or service, please contact ServerFly and ServerFly will be happy
to assist the Customer.
Potential harm to minors is strictly forbidden, including but
not limited to child pornography or content perceived to be
child pornography (Lolita):
Any site found to host child pornography or linking to child
pornography will be suspended immediately without notice.
Resellers: ServerFly will suspend the site in question and
notify the Customer so the Customer may terminate the account.
ServerFly will further monitor the Customer's activity; more
than one infraction of this type may result in the immediate
termination of the Customer's account.
Direct Customers: Customer's services will be terminated with or
without notice.
Violations will be reported to the appropriate law enforcement
agency.
It is the Customer's responsibility to ensure that
scripts/programs installed under the Customer's account are
secure and permissions of directories are set properly,
regardless of installation method. When at all possible, set
permissions on most directories to 755 or as restrictive as
possible.
3. Zero Tolerance Spam Policy
ServerFly take a zero tolerance stance against sending of
unsolicited e-mail, bulk emailing, and spam. "Safe lists" and
"double opt-in" will be treated as spam. Customer's account will
be immediately terminated with or without notice if found
sending out spam.
Sites advertised via SPAM (Spamvertised) may not be hosted on
ServerFly's servers. This provision includes, but is not limited
to SPAM sent via fax, email, instant messaging, or usenet/newsgroups.
No organization or entity listed in the
ROKSO may be hosted on ServerFly's servers. Any account
which results in ServerFly's IP address being blacklisted will
be immediately suspended and/or terminated.
ServerFly reserves the right to require changes or disable as
necessary any web site, account, database, or other component
that does not comply with its established policies, or to make
any such modifications in an emergency at its sole discretion.
ServerFly reserves the right to charge the Customer that owns
the account used to send any unsolicited e-mail a clean up fee.
This cost of the clean up fee is entirely at the discretion of
the ServerFly.
4.
Mail Policy
Customer is not allowed to send over 100 email messages to one
or more individuals in one clock hour per hosting account. If
the Customer exceeds this limit, all of its outgoing mails will
bounce back to the Customer with an undeliverable error.
ServerFly's servers employ a POP flood control that limits each
Customer's account to 60 POP checks per hour. If the Customer
exceeds this limit, the Customer's POP account will be locked
until the next hour. To prevent this from happening, Customer
must disable auto-checking in its email client or at least set
it to an interval of 10 minutes or more.
Mailing List Rules:
• Customer must not have more than
1,000 mailing list subscribers in total on a Customer's account.
This is the total of subscribers from all the mailing lists in
the Customer's account.
• Customer is not allowed to send
an email message larger than 500 KB (kilobytes) to its mailing
list group.
• Customer must throttle its
mailing list software to send out at the very least 1 email
every 6 seconds. If the Customer's mailing list software does
not have the throttle feature, the Customer must immediately
switch to a mailing list software that supports this feature.
ServerFly recommends PHPList, which can be installed through the
Customer's Website Manager (control panel).
• Any mailing list with over 500
subscribers is only allowed to be sent to during off-peak
periods to prevent high server loads. Off peak periods qualify
as all day Saturday and Sunday, and 1am - 8am Eastern time from
Monday to Friday.
• Customer is not allowed to send
unsolicited e-mail, including the sending of "junk mail" or
other advertising material to individuals who did not
specifically request such material, who were not previous
customers of Customer or with whom Customer does not have an
existing business relationship.
• Any unsolicited e-mail being sent
will result in termination of the Customer's offending account.
We take a zero tolerance stance against sending of unsolicited
e-mail.
• The Customer's mailing list must
comply with all guidelines set forth by the United States.
These can be found at:
http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm
5. Payment Information
Customer agrees that all monthly or yearly hosting fees are
recurring. The Customer agrees to authorize all recurring
charges to the account and any other balances incurred due to
overages of limits, additions of extras to the account, service
charges and/or any other fees. Customer agrees to supply
appropriate payment for the services received from ServerFly, in
advance of the time period during which such services are
provided. Customer agrees that until and unless the Customer
notifies ServerFly with a valid cancellation request for any or
all services received, those services will continue to be billed
on a recurring basis. A valid cancellation request must be one
that is submitted with all the necessary information through the
Service Cancellation Form.
All payments must be in U.S. Dollars. Payment for any charges is
due upon the date of the invoice. Accounts which have balances
outstanding shall be deemed to be in default and subject to
termination of service. Any charge that is due and not paid from
the date of the invoice shall be subjected to a late fee of $10
per month. Customer shall pay an additional $10 reactivation fee
per suspended account to reactivate the account. Customer shall
be responsible for all costs of collection, including reasonable
attorney's fees and court costs, in event of a default for
nonpayment of any amounts due ServerFly. ServerFly reserves the
right to change the monthly payment amount and any other charges
at any given time.
6. Backups and Data Loss
Customer is solely responsible for backing up the data (residing
on Customer's account) on the Customer's personal computer.
ServerFly shall not be held liable and does not provide any sort
of compensation in the event that the data stored on the
Customer's account is corrupted or deleted (even if the cause
was due to negligence on ServerFly's part).
7. Cancellations and Refunds
ServerFly reserves the right to cancel Customer's account at any
time with or without notice.
Any abuse of ServerFly's staff by Customer in any medium or
format will result in the suspension or termination of the
Customer's services. What constitutes an "abuse" shall be
determined by ServerFly in its sole and absolute discretion. In
the event the Customer's service is terminated for staff abuse,
the Customer will be given ten (10) days notice to find a new
host.
Customer agrees that cancellation of service is not valid or
accepted unless submitted via the
Service Cancellation Form, and until customer is in receipt
of confirmation from ServerFly that cancellation is accepted.
Customer agrees that default, non-payment or reversal of payment
does not constitute cancellation of service, nor reduce the
balance due on any amounts outstanding.
Money-Back Guarantee
The 15-day "unconditional" money-back guarantee only applies to
"non-reseller" Customer hosting accounts with a prepayment of at
least 1 year and above. Customer has 15 days from order date to
be eligible for a refund. Cancellation of Customer's account
thereafter will not be refunded with any unused time of the
charged periods. All eligible refunds will receive a refund of
the charged periods which includes a deduction of $10.00 or 6.0%
transaction fee (whichever is higher). TrueReseller accounts or
accounts purchased at reseller price are not entitled to
ServerFly's 15-day money-back guarantee.
Only first-time accounts are eligible for a refund. For example,
if the Customer had an account with ServerFly during the last
six (6) calendar months, cancelled and signed up again, the
Customer will not be eligible for a refund or if the Customer
have opened a second account with us. Cancellation requests made
after the first 15-days will not qualify for
Customer will not receive a refund for any setup fees or any
fees other than the yearly recurring hosting fees. Fees
resulting from extra services or "add-ons" are not classified as
yearly recurring fees and thus are not refundable.
Customer accounts which ServerFly must suspend or cancel due to
violation of the Terms Of Service will waive the refund policy
and subject to charges for bandwidth and usage of resources.
Acceptance of this agreement, and/or use of Company's services,
constitutes an acceptance of any fines, penalties or service
charges which might arise out of violation of the terms in this
agreement. Company reserves the right to terminate accounts of
Customers which, in the Company's sole judgment, violate the
terms of this agreement.
8. System Resource Usage
If ServerFly's system administration team determines that a
customer's account is utilizing an unacceptable amount of system
resources, ServerFly may temporarily deactivate the account in
question. If ServerFly's staff deems necessary, an eviction
notice may be sent to the customer of an offending account
providing them with three (3) calendar days in which to either
pay a high resource usage fee or locate a new provider. This
only occurs in extreme cases.
Customers are not allowed to:
• Use 25% or more of system
resources for longer then 90 seconds. There are numerous
activities that could cause such problems; these include: CGI
scripts, FTP, PHP, HTTP, etc.
• Run any type of interactive
real-time chat applications that require server resources.
Remotely-hosted services are fully allowed.
• Run stand-alone, unattended
server-side processes at any point in time on the server. This
includes any and all daemons, such as IRCD.
• Run any software that interfaces
with an IRC (Internet Relay Chat) network.
• Run any bit torrent application,
tracker, or client.
• Run any type of audio/video
streaming or downloading activities.
• Participate in any
file-sharing/peer-to-peer activities
• Run any gaming servers such as
counter-strike, half-life, battlefield1492, etc.
• Run cron entries with intervals
of less than 30 minutes
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")
Any attempts to undermine or cause harm to a ServerFly server or
customer of ServerFly is strictly prohibited. ServerFly will be
the sole arbiter as to what constitutes a violation of this
provision. Customers found in violation of this provision will
be subject to account deactivation without refund. ServerFly
will turn all available information about abuse incidents,
including customer contact data, over to the proper authorities
and press charges.
9.
Bandwidth Usage
Every Customer's account is allocated a monthly bandwidth
allowance. This allowance varies depending on the hosting
package the Customer purchases. Should the Customer's account
exceed the allocated amount, ServerFly reserves the right to
suspend the account (1) until the start of the next allocation,
or (2) until more bandwidth is purchased by Customer at an
additional fee, or (3) until the Customer upgrades to a superior
hosting package, or (4) terminate the account and/or charge the
Customer an additional fee for the overages. Unused bandwidth in
one month cannot be carried over to the subsequent month.
10. Reseller:
Customer Responsibility
Customer with a TrueReseller account ("Reseller") is solely
responsible for supporting Reseller's Customers. ServerFly does
not provide support to Reseller's Customers. If a Reseller's
Customer contacts ServerFly, ServerFly reserve the right to
place the Reseller's account on hold until the Reseller can
resume its responsibility for its Customers. All support
requests must be made by the Reseller on their Customer's behalf
for anonymity and security reasons. The Reseller is also
responsible for all content stored or transmitted under its
reseller account and the actions of its Customers. ServerFly
will hold the Reseller responsible for any of its Customers
actions that violate the the terms in this agreement.
11. Shared (non-reseller accounts)
Unless a ServerFly's Reseller, Customers may not sublease, sub
host, or give away control of any portion of space and/or
resources of Customer's account (this includes but is not
limited to e-mail accounts, storage space, ftp accounts, etc.),
unless otherwise stated on our website.
12. Changes to the Services
ServerFly reserves the right to change the prices of its services at any given time.
ServerFly has the right at any time to change, modify, add to or
discontinue or retire any aspect or feature of its services.
ServerFly has no obligation to provide its customers with notice
of any such changes.
13. Disclosure to Law Enforcement
ServerFly may disclose any Customer information to law
enforcement agencies without prior and/or further consent or
notification to the Customer upon lawful request from such
agencies. ServerFly will cooperate fully with law enforcement
agencies.
14. Indemnification
Customer agrees that it shall defend, indemnify, save and hold
ServerFly harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees
asserted against the ServerFly, its agents, its Customers,
officers and employees, that may arise or result from any
service provided or performed or agreed to be performed or any
product sold by Customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless the
ServerFly against liabilities arising out of; (1) any injury to
person or property caused by any products sold or otherwise
distributed in connection with the ServerFly; (2) any material
supplied by Customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright infringement
and (4) any defective products sold to Customers from the
ServerFly's server.
15. Disclaimer
ServerFly shall not be responsible for any damages the
Customer's business may suffer. ServerFly makes no warranties of
any kind, expressed or implied for services ServerFly provide.
ServerFly disclaims any warranty or merchantability or fitness
for a particular purpose. This includes loss of data resulting
from delays, no deliveries, wrong delivery, and any and all
service interruptions caused directly and/or indirectly by
ServerFly and its employees. |
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