In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:
1.1. Customer agrees to pay, in advance of each monthly service term, for hosting services to be rendered.
1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order SSA's service for a certain minimum period of time.
1.3. Customer agrees to a no-refund policy in advance. Setup fees and monthly web hosting service fees are non-refundable.
1.4. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 business days or account will be terminated.
1.5. SSA is not and shall not be responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer's failure to pay for SSA's services.
1.6. Customers agree to pay all taxes applicable to your account.
2.1. SSA will provide, and Customer will purchase and pay for, the Web hosting services (the "Services"), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.
3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to SSA.
3.1.1. Customer must pay in full for the Services before SSA begins to provide the Services to Customer.
3.1.2. Setup fees will be charged and are due at the time of the Customer's initial request of the Services requiring setup.
3.2. Payment is due on or before the defined recurring billing date listed in your account for each service. Service will be suspended on the first day past due for all accounts. Late fees may be assessed after 5 days. Virtual and dedicated servers, hosted exchange accounts, and other non-webhosting accounts will be subject to termination after 4 days. Web hosting accounts still unpaid after 60 days, will be subject to termination. All returned checks will be charged a $25.00 service fee. Accounts that are not collectable by SSA may be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to SSA a "Processing and Collection" Fee of not less than Fifty ($50.00) Dollars nor more than One Hundred Fifty ($150.00) Dollars.
SSA may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which SSA may be entitled under this Agreement or under applicable law.
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by filling out the "Cancellation Request Form" which is provided in the client area on the SSA Web site. You can find the "Cancellation Request Form" by logging into your account at:
Dedicated Servers must be cancelled one week (7 days) prior to their next billing date to ensure cancellation. Otherwise, the account will be billed an additional month and the server will be cancelled at the end of the following cycle.
Once a Customer has cancelled their account and received confirmation, no more charges will be billed to the account. Any additional charges should be brought to the attention of the billing department who will arrange a refund or credit.
Customers can terminate their account for any reason or for no reason. However, Customer understands and agrees that SSA does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable unless agreed upon in writing prior to cancellation. Payment and/or refund arrangements agreed upon via the client area trouble ticket system on our website by a member of our staff will be held binding.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO SSA ARE NONREFUNDABLE.
6.1. All payments to SSA are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in SSA's sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service will apply.
6.2. Without waiving any of its other rights under this Agreement, SSA offers to its Customers a 30-day money-back guarantee on fees for hosting services only (the "30-Day Guarantee"). If for any reason you cancel your account by filling in the account cancellation form and submitting it to SSA, within thirty (30) days of the beginning of your service, you may request a refund. SSA agrees to refund your money with no questions asked; provided, however, that your account meets the requirements listed above and outlined below and have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be canceled, but no money will be refunded to you.
Please note that the amount refunded to you will be the amount you paid for web hosting services only, and will not include any of the following fees:
- Setup fees,
- Fees for domain name registrations,
- Fees charged for exceeding your allotted disk storage space or bandwidth,
- SSL certificate fees,
- Web design fees,
- Web site marketing fees, and
- Any other fees for services involving a third party.
The 30-Day Guarantee is subject to all of the following limitations:
o You are entitled to a maximum of one (1) 30-Day Guarantee.
o If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day Guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of SSA.
o You may not transfer or assign the 30-Day Guarantee to any third party.
o You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
- Creating multiple accounts, using the same customer name or different customer names;
- Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
- Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
- Knowingly providing false or misleading information when you register for your account; or
- Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee.
o If you violate any provision of any of the following policies of SSA, you will not be eligible for the 30-Day Guarantee:
- Terms of Service (TOS);
- Acceptable Use Policy (AUP); or
- No-Spam Policy (NSP).
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from SSA and does not apply to any changes to your service at any time.
6.3. Without waiving any of its other rights under this Agreement, SSA offers to its Customers a 99.9% uptime guarantee SLA (Service Level Agreement) on a per-server basis (the "Uptime Guarantee"). If during any 1-month period, the availability of websites on the server which your account is hosted falls below 99.9% - your account(s) on that server will be eligible for a refund as outlined below.
6.3.1. Service credits are calculated as follows (all times are stated in downtime per month):
- Less than 45 minutes (100% - 99.9% uptime) -- No credit
- 45 minutes to 3 hours 30 minutes (99.9% - 99.5% uptime) -- 50% credit
- 3 hours 30 minutes to 7 hours 15 minutes (99.5% - 99% uptime) -- 75% credit
- Greater than 7 hours 15 minutes (Less than 99% uptime) -- 100% credit
6.3.2. Downtime does not include any outages occuring during scheduled maintenance, which includes our daily maintenance window (refer to section 7) as well as maintenance events which are scheduled outside of the normal maintenance window but are communicated to you within 24 hours prior to taking place.
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:
- circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
- failure of access circuits to any of our networks, unless such failure is caused solely by SSA;
- scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside the direct control of SSA;
- issues with FTP, POP, IMAP, or SMTP customer access;
- false SLA breaches reported as a result of outages or errors of any measurement system;
- customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of SSA's Terms and Conditions and Acceptable Use Policy;
- e-mail or webmail delivery and transmission;
- DNS (Domain Name Server) Propagation.
- outages elsewhere on the Internet that hinder access to your account. SSA is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. SSA will guarantee only those areas considered under the control of SSA: SSA server links to the Internet, SSA's routers, and SSA's servers.
6.3.4 Downtime will be verified through a 3rd party monitoring service, public reports are visible at this link: http://www.hyperspin.com/publicreport/45485/14641
6.3.5 In order to receive credit for downtime, you must contact us in writing (snail mail and/or by submitting a ticket) within 30 days of the downtime detailing the downtime and requesting credit. If SSA determines that the uptime during the current or previous one calendar month on the server your account is located falls below 99.9% your account will be credited according to the schedule listed above.
7. SSA frequently updates systems and software which may temporarily inturrupt service. To this end, SSA reserves a given time each day between 1am and 3am (central time) for performing maintenance on it's servers and networks (the "Maintenance Window"). During this time, server and/or network performance may be affected, including network and server unavailability. Downtime during this window is not counted against overall uptime, and is not eligible for a refund under the Uptime Guarantee as specified in section 6.3.2. Actual downtime during the Maintenance Window is not typical, and any expected downtime that will occur during the Maintenance Window will be communicated accordingly whenever possible.
8.1. the Terms of Service
8.2. the Acceptable Use Policy, or
8.3. the No-Spam Policy.
8.4. Any local, regional, or federal laws.
9.1. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.
9.2. Customer agrees to defend, indemnify, and hold harmless SSA, and the parents, subsidiaries, successors, assigns, employees and agents of SSA against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys' fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
10.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF SSA'S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
10.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
11. SSA PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SSA DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND SSA SHALL HAVE NO LIABILITY THEREFOR.
12. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SSA DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
13. SSA DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
Any failure by SSA to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of SSA's rights.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
16.1. From SSA to Customer.
SSA will notify you by e-mail of any notices that SSA is required to provide to you under this Agreement, at the most current e-mail address you have provided to SSA. SSA may also, at it's discretion, contact you via starndard mail. By entering this Agreement, you consent to receive such notices by mail and/or e-mail. You are solely responsible for ensuring that SSA has your most current mailing address and e-mail address, and SSA shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable messages that SSA sends to the most current address(es) you have provided to SSA.
16.2. From Customer to SSA.
Unless otherwise specified in this Agreement, notices to SSA shall be sent to the following address:
Sirkels & Squares Alternative
Attention: SSA Host Notices
11152 Westheimer #969
Houston, Tx. 77042
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.
All monetary amounts to which this Agreement refers shall be in United States dollars.
This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and SSA, and supersedes any prior or previous agreements between you and SSA with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which SSA notifies you from time to time, pursuant to this Agreement.
This Agreement may not be modified orally.
21.1 Customer shall not assign or attempt to assign its obligations under this Agreement without SSA's prior and express written consent to such assignment.
21.2. SSA may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.
Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined by SSA.
For all purposes, this Agreement shall be deemed to have been made within the State of Texas, United States of America. This Agreement shall be governed by the laws of the United States of America and the laws of the State of Texas, without regard to Texas' choice of law and conflicts of law rules, and SSA and Customer each submit to the exclusive jurisdiction of the courts of Harris County, Texas, or to the United States District Court for the Southern District of Texas, should any claim or question arise under Federal law or federal jurisdiction based upon diversity of citizenship.
SSA shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of SSA.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.
Any cause of action you may have with respect to SSA's performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.
Last Updated: 11/30/2006
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