SureShot Service Agreement - Revised 10/30/06
THIS AGREEMENT FOR SURESHOT NETWORKS, INC. (here-in-after referred to as "Sureshot") SERVICES (hereinafter referred to as the "Agreement") is made and effective as of the date of acceptance, by and between you, (here-in-after referred to as "Client") and Sureshot Networks, Inc.
WHEREAS, Sureshot owns, distributes, and/or provides various products and services that enable entities to utilize, conduct business on, connect to, and publish to the Internet, including Sureshot Managed Hosting, CPanel/WebHostManager, and the Sureshot family of services.
WHEREAS, client desires to utilize the Sureshot services to develop client's presence on the World Wide Web, connect to, and utilize the Internet.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees may be charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of prepayment. Sureshot reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Sureshot to request the termination of services. Sureshot will bill each client $20.00 per returned check and per credit card charge back received. All Sureshot accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. You authorize Sureshot to charge your credit or debit card to pay for any charges that may apply to your account. You must notify Sureshot of any changes to your card account (including, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Sureshot from charging your account. Any account that is not brought current prior to deactivation will be charged a $15.00 reactivation fee as well as a $10.00 late charge, per domain deactivated. In addition, if your credit card declines for any reason Sureshot will charge your account an additional $1.00 service charge every time your card is declined. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Sureshot) shall be paid by Customer.
30 Day Guarantee
The 30 day guarantee covers cancellation of an account during the first 30 days of service, due to our inability to deliver satisfactory service. The customer will be refunded all hosting charges made to their credit card less any setup fees which are non-refundable. Refunds will not be given for any reason in the case if account non-use, misuse or abuse. Refunds will not be given on domain registration fees.
Bandwidth Traffic
Each plan with Sureshot comes with a pre-determined bandwidth usage amount. In the event that your account exceeds the bandwidth limitations included with your account, you will be billed at $0.01/MB per month. If you wish to pre-pay for additional bandwidth, your cost is $4.00/GB per month ($0.004/MB per month)
Electronic Commerce
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
IP Address Ownership
Sureshot shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Sureshot and Sureshot reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Basic Policy and Service Guidelines (AUP)
Sureshot Networks, Inc. provides services to clients all around the world. Sureshot has the responsibility to protect each client and provide them with the best services avaliable. The following guidelines were designed to insure these services.
Content
All services provided by Sureshot may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The client agrees to indemnify and hold harmless Sureshot Networks, Inc. from any claims resulting from the use of the service which damages the client or any other party.
Note: Pornography and sex-related merchandising are prohibited on any Sureshot server EXCEPT those on the Sureshot Adult Network. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Sureshot servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of non-acceptable content or links: Pirated software, "Illegal MP3's", Hacker programs or archives, Warez Sites, Child Pornography.
Sureshot will be the sole arbiter as to what constitutes a violation of this provision.
To maintain the integrity of our service, the following traffic/usage limitations may apply: Managed Virtual Hosting sites with banners, graphics or cgi's running from their domain being used on other domains. Sites with immense graphic archives or galleries. Sites offering immense download archives, such as .zip, .tar, .ra and .GZ. Sites running large chat room gatherings. Sites using more than 20% of system resources.
Chat Rooms:
Sureshot does allow Managed Virtual Hosting clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. You are free to run your own chat script, as long as it does not hinder server performance.
Background Processes/Programs:
Sureshot may allow Managed Virtual Hosting client's program to run continually in the background. These are considered on a case by case basis and, at Sureshot's sole discretion, either an extra charge may be incurred based on system resources used and operational maintenance required, or the proccess/program may not be allowed. Due to the extrememly intensive nature of proxy scripts and applications, they are strictly prohibited on our servers.
Cron Jobs:
Sureshot does allow Cron Jobs to be conducted on our Managed Virtual Hosting servers.
IRC:
Sureshot currently do not allow IRC, IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.
Commericial Advertising - Email:
Spamming, or the sending of unsolicited email, from a Sureshot server or using an email address that is maintained on a Sureshot server is STRICTLY prohibited. For general reference, we consider spam to be any email that is sent to more than 10 people at a time that did not ask for it to be sent to them. Sureshot will be the sole arbiter as to what constitutes a violation of this provision. Opt-in email is acceptable, as long as Opt-Out/Removal requests are fully honored. Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST.
Resellers:
Resellers will be obligated to provide basic support and communication for the reseller's customers and accounts. Sureshot Netorks will only provide support to the reseller. Orphaned accounts reported to Sureshot Networks can be terminated after 90 days from the initial complaint. Sureshot Networks will make an effort to contact the reseller to resolve the issue.
Server Abuse:
Any attempts to undermine or cause harm to a Sureshot server or customer of Sureshot is strictly prohibited.. Sureshot will pursue legal action to the fullest extent for all abuse of the Sureshot Network.
Suspension/De-Activation:
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. Sureshot reserves the right to remove any account without prior notice. If Sureshot deactivates your account(s) for violation policy, you will forfeit your rights to a refund...and none will be given. No refunds for advance payments on de-activated accounts. Normal policy is a warning first, and account de-activation for the second offense. Serious offenses may cause immediate de-activation.
ALL SUB-NETWORKS AND RESELLERS OF SURESHOT MUST ADHERE TO THE ABOVE POLICIES.
SURESHOT RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME.