THESE ARE THE TERMS OF SERVICE which govern your hosting transaction. They explain what we provide and what we do not provide. All hosting accounts are covered by a 30-Day Guarantee.
Unacceptable or Socially Inappropriate Content: we reserve the right to refuse Domain Hosting Services to Sites deemed "Unsuitable". Unsuitable sites include, for example, sites that:
>include, promote, or link to violence or illegal activities.
>include, promote, or link to material that promotes or depicts discrimination based on sexual orientation, race, gender, religion, national origin, physical or mental disability, or age.
>include, promote, or link to material which violate intellectual property rights or material of such nature.
Right of Refusal: We reserve the right to refuse/terminate hosting services to any individual, company, organization, or entity when breaching any of these Terms. In such cases, San2Server, Inc. may issue or refuse to issue a full and immediate refund of all monies paid including setup fee's. In the event that services are refused/terminated, no explanation will be required.
Mail Server Policy: Any sites that engage in excessive use of the Mail Server are prone to immediate termination without notice. Excessive use is defined as any process or procedure which overtaxes the Mail Server resulting in other clients being unable to access the Mail Server to send and receive normal email communications. Prolonged and repeated mail abuse will result in a users SMTP privileges being revoked without notice.
Spam Policy: We do not practice, participate in nor condone SPAM of any sort. Offenders of SPAM will lead to account suspended or terminated without notification and without refund. The negligence of a single domain residing on our servers could result in we being placed on an anti-spam list. Should we be placed on the anti-spam list, every domain e-mail service will be affected and blocked. We wish to protect our customers of this problem and for this reason, we will remain intolerant of SPAM and hacking.
Bandwidth Policy : We do provide an UNMETERED bandwidth for any account without any restrictions as long as the account owner is abiding by these Terms, but if you use your account for audio/video streaming &/or download, or any kind of files upload/download then you are not allowed to store in your account more than 5% of audio/video &/or files for download of its allocated disk space and you should always remember that those audio/video/files for downloads should not violate any copyright &/or intellectual property.
Declaration: By ordering (purchasing) any of our products/services, you declare that you have read and approved these terms and conditions and you state that you comply to them and you accept that your account and the use such products/services will be governed by them.
Policies and Pricing: Customers who purchase San2Server, Inc. service(s) will be considered customers. All company rules, policies and operating procedures concerning customer orders, customer service and service sales will apply to these customers. We reserve the right to change our policies and operating procedures at any time. For example, we will determine pricing schedule for services sold by us which may vary from time to time. Failure to pay any invoice on the due date will reflect in account suspension and after 30 days of the suspension date your account will be terminated and all your files and data will be removed permanently from our servers, after the termination nothing will be recovered or restored. Overdue invoices are subject to 10% late payment fee of their total.
Payment of Service(s): San2Server, Inc. accepts payment in the form of Credit Card (Mastercard, Visa, Amex, JCB, Discover, Diners Club), PayPal, E-Gold. Credit Card numbers will be verified before transactions occur. Upon receipt of payment, you will receive an order confirmation via an e-mail message outlining other policies and procedures.
Service Agreement: We agree to process services purchased by customers. We reserve the right to reject orders that do not comply with the necessary requirements that we may establish from time to time. We will be responsible for all aspects of service processing, customer support and payment processing and we agree to handle all customer service requests generated at the order form. After the completion of the setup of your services, ALL service requests must be made via the Request for Service Form. This is necessary to be sure all requests for assistance are met in a timely, efficient manner. affiliates - We will track sales made to customers who purchase services using linkIDs from the Approved Site to our site and we will provide you with reports of the sales at the time of Fee Payment.
Customer Service and Our Service Warranty: We agree to provide technical assistance for services you purchased where there is a technical problem as the result of the setup or configuration of your Internet service(s). We will resolve these problems and provide e-mail response as to the solution within 1-2 business days providing you follow the service policies and procedures outlined in your order confirmation document. We will provide answers to frequently asked questions or problems which will be posted on our site under the FAQ link. We will not provide technical training other than the FAQ section, the directions that come to you at the completion of your setup, or training and/or consulting services you have or will purchase. San2Server stands behind all our services -- both Internet and customer services. At all times, we want our customers to feel satisfied. We will provide the best possible service to you. Should you find a problem with the setup of your Internet service(s) as it is going on you are responsible to contact San2Server, Inc. as outlined in your order confirmation document. Flame mail directed to San2Server, Inc. or any of its officers or employees will not be tolerated. Should you be unsatisfied with any of our services within the first 30 days (from the time payment), where no mutual agreement can be met, San2Server, Inc. may provide you a full refund minus 10% (required for labor fees on the setup of your services). Refunds will not be issued past 30 days.
We disclaim all liability for development and maintenance of Your Site that has not been directly purchased from San2Server, Inc. You will compensate and hold us harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development and maintenance and contents of Your Site.
Should error or distinctions occur with the operations of your site based on development or maintenance provided by sources other than San2Server, Inc. you will be held liable, and will be expected to provide the necessary provisions for correction of this.
Relationship Between You and San2Server, Inc: This is an agreement between independent contractors -- You and San2Server, Inc. This Agreement does not imply any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and San2Server. You will not have, nor will you represent that you have, any authority to make or accept any offers or representations on our behalf. You will not do anything to disparage or damage the reputation of San2Server or any of its officers, employees, products and/or services.
Misrepresentation: You will not misrepresent San2Server, Inc. by expressed or implied claims of success, warranties or service obligations or there of on our behalf. We disclaim any liability for such claims or implications made on your part to prospects, potential customers, and/or customer of San2Server. You acknowledge this agreement will be terminated with or without notice for misrepresenting San2Server, its officers, employees, distributors, assigns or products or services.
Modification of Terms & Conditions: We may modify any of the terms and conditions of this Agreement, at any time and in our sole discretion, by posting a change notice and the new agreement on our site. Modifications may include but are not limited to changes in available fee or payment schedules or procedures and Program rules. YOUR ONLY RECOURSE TO CHANGES UNACCEPTABLE TO YOU IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF SERVICE(S) FOLLOWING THE POSTING OF CHANGE ON OUR SITE WILL CONSTITUTE A BINDING ACCEPTANCE OF THE CHANGE.
Limitation of Liability: We disclaim liability for any indirect, special or consequential damages, arising in connection with this Agreement or Service(s), even if we have been advised of the possibility of such damages.
Disclaimers: We make no expressed or implied warranties or representations with respect to any services purchased at San2Server, Inc. (including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing or trade usage). Further, we make no representation that the operation of our network, including our own Site, will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.
Term of this Agreement and Termination: The duration of this Agreement will begin with our receipt of your first paymentt and will end when terminated by either party. Either party may terminate this Agreement at any time, with just cause, by giving the other party written notice of termination BUT note that your account will be terminated immediately and without prior notice due to violation of Governmental Rules &/or National/International Laws or breach of our Terms & Conditions, without being held liable of any result might be caused due to that termination. Removal of all San2Server, Inc. Logos and all reference to association with San2Server, Inc. must be removed from the Approved site immediately upon termination of this Agreement.
Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PURCHASING San2Server, SERVICE(S) AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Miscellaneous: This Agreement will be governed by the laws of the state of Delaware, without reference to rules governing choice of laws. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement Any action relating to this Agreement must be brought in the federal or state courts located in the state of Washington and you irrevocably consent to the jurisdiction of such courts with your acceptance of this Agreement. San2Server has the right to choose any court worldwide and any law that might rule this agreement depending on every case, which San2Server, Inc. might see suitable to be implemented.