Terms of Use
LAST UPDATED: Sep 21, 2007
IMPORTANT - READ CAREFULLY: USE OF SURECLIENT WORKGROUPS AND ITS SERVICES ARE CONDITIONAL UPON YOUR ACCEPTANCE AND COMPLAINCE WITH THESE TERMS OF USE.
Description of Services - Intended Use
SUREclient Workgroups are comprised of a suite of online applications including, but not limited to, web hosting, email, group address book, group calendar, group document manager, group tasks list. Together, these Services are referred herein as a “Site” or “Workgroup”. SUREclient may at any time terminate the services or any feature, or client’s access as provided below. All changes to the services will be subject to these Terms.
SUREclient has specific ethical concerns regarding the use of its computers detailed below. SUREclient reserves the right to suspend or cancel a custome’s access to any or all services provided by SUREclient when we decide that the account has been inappropriately used.
Acceptable Use
Server abuse
Any attempt to undermine or cause harm to a server, or customer of SUREclient is strictly prohibited and will be dealt with swiftly.
Unauthorized use of other people’s accounts or computers
SUREclient will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include”internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a SUREclient customer, whether or not the attacked account or computer belongs to SUREclient, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
Commercial Advertisements with E-mail
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam any mass unsolicited message in the mediums of Newsgroups and E-mail. If you are found to have spammed, we will contact you to resolve the situation. If it is a severe case then we will immediately, without warning, disable your account until the situation is resolved. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.
As such, any violation will result in immediate deactivation of services without refund.
Chat Rooms
We do not allow clients to install their own chat rooms without first obtaining approval from the SUREclient Support Team.
Background Running Programs, CGI Sripts
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
If your account has a CGI script(s) that continuously uses more than 15% of the server’s system resources you will be asked to remove it within 24 hours. If no action is taken we will disable it. If the script(s) is severely affecting the server we do reserve the right to disable it immediately.
Storage and Data Transfer Limitations
Storage space for the Client is currently provided in accordance with the SUREclient price list in effect. From time to time, it may be impossible to store some data or information on the Workgroup due to space constraints. The Client agrees that SUREclient is not responsible or liable for any insufficient storage capacity or the deletion or failure to store data or information. SUREclient reserved the right to limit the file download and/or bandwidth capacity of any Workgroups in its sole discretion if it deems such limitation to be in the best interests of the operating performance across of all Workgroups. In addition, SUREclient reserves the right to limit the number of e-mails transmitted from its servers for any individual Workgroup on a daily basis in its sole discretion.
Cancellation
SUREclient reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by SUREclient if SUREclient institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, disk space etc.)
Access to Services
To use the SUREclient services, the client must obtain and pay any fees for access to the World Wide Web and provide all equipment necessary to make such connection, including a computer and modem or other access device. The client may access the Services and the Workgroup only by means of the interface provided by SUREclient. Although the Services and Workgroup are generally accessible worldwide, access may not by available to all persons or in all locations. SUREclient reserves the right to limit access to the Workgroup or the Services by any client, or person, or from any location.
Sensitive Customer Data
Client agrees that consumer privacy is important. and agrees that it shall uphold current privacy standards as defined by the industry. In the event that industry standards change, each party agrees to conform to those new standards. Additionally client acknowledges that the SUREclient services have not been designed to hold or store any highly sensitive customer data such as social security numbers, credit card numbers or other similar data. It is strongly recommended that any such sensitive data that is collected for the purpose of completing a transaction be immediately digitally encrypted according to standard industry-accepted methods and handed off to a 3rd party service for storage (if necessary) and processing. The client also agrees that the services will not be used to receive, store, hold or accept data that would be or is considered illegal or unlawful.
Support
SUREclient provides support to its Customers during normal business hours on business days. While we strive to support our customers with the best level of support in the industry, basic support is limited to assistance with normal workgroup functions. Additional support can be purchased for various specific applications and scenarios. Clients are encouraged to retain professional assistance from a qualified computer technician for assistance with local computer, software and networking issues.
Payment Policy
Fees and charges
All fees are payable in US dollars. During registration of the new Workgroup, one person is designated as the responsible contact for purposes of billing and payment of fees. (the “Billing Contact”). The Billing Contact may be changed by any site administrator directly through the Workgroup Manager. The Services are provided on a subscription basis. Such subscription charges entitle the Client to use the Services without any banner advertising or sponsorship advertising within the product.
Credit Card Payments
2Checkout.com, Inc. is an authorized retailer of goods and services provided by SUREclient. Workgroup subscriptions purchased via credit card through 2Checkout will be automatically charged to your credit card on a recurring basis either monthly or yearly depending on the payment option selected. Transactions will appear as “2CO - SUREclient” on your credit card billing statement.
Check and Money Order Payments
Hosting plans purchased with check or money order will not be activated until the check clears and funds are in our account. Postal and bank processing delays can cause interruptions of service to your web site. To avoid bank delays, pay by Money Order. Send payments to:
SUREclient Workgroups
PO Box 695
Monett, MO 65708-0695
Cancelling Service
All requests for cancellation MUST be submitted via written request mailed to:
SUREclient Workgroups
PO Box 695
Monett, MO 65708-0695
Cancellation Period
All hosting cancellations are activated within 30 days from the date they are received. If you have pre-paid for a term you will receive a pro-rated refund for the unused time.
Chargeback Policy
Should you dispute a charge through your credit provider this will constitute a breach of this agreement and will result in immediate deactivation of all current services and may include revoking of all related accounts.
Collections
If your account is past due and all collection activity has failed we reserve the right to send your account to a 3rd party collections service. This action may have an adverse impact on your personal credit. SUREclient reserves the right to disable accounts that are past due. A $50 reconnect fee applies to accounts that are disabled for non-payment of fees.
Privacy
SUREclient deeply respects the privacy of its Clients. Please read our Privacy Statement, which forms part of these Terms.
Limitations
Lawful Purpose
SUREclient reserves the right to refuse service to anyone. Customers may only use SUREclient server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. SUREclient expressly forbids anyone from using SUREclient servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of SUREclient management. In addition any site selling or promoting bulk email services is not allowed.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold SUREclient harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against SUREclient, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SUREclient against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SUREclient’s server; (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 customer from SUREclient ’s server.
Disclaimer
SUREclient will not be responsible for any damages your business may suffer. SUREclient makes no warranties of any kind, expressed or implied for services we provide. SUREclient disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by SUREclient and its employees. SUREclient reserves the right to revise its policies at any time.
Customer acknowledges that the service provided is of such a nature that it can be interrupted for many reasons other than the negligence of SUREclient and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees to indemnify and hold SUREclient harmless for any damages arising from such causes beyond the direct and exclusive control of SUREclient, as well as any special or consequential damages, loss or injury. Customer further acknowledges that SUREclient’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred.
Failure to follow any term or condition will be grounds for immediate account deactivation.