The use of services from SuperlinkHosting.com [hereafter
referred to as "SuperlinkHosting"] constitutes agreement to these
terms.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we
and/or our payment partner(s) have screened the order(s) incase of fraud.
It is your responsibility to provide us with an email address which is not
@ the domain(s) you are signing up under. If there is ever an abuse issue
or we need to contact you, the primary email address on file will be used
for this purpose. It is your 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 your account. In
dedicated server purchases or high risk transactions, it will be necessary
to provide government issued identification and possibly a scan of the
credit card used for the purchase. If you fail to meet these requirements,
the order may be considered fraudulent in nature and be denied.
Transfers
Our transfers team will make every effort to help you move your site to
us, however, we can not make guarantees of the transfer process. We
provide this as a courtesy service and can not make guarantees regarding
its availability or the amount of time it may take as each host is
configured a little differently. We will try our best, however, in some
cases we may be unable to assist you in a transfer of data from an old
host.
2.) Content
All services provided by SuperlinkHosting may only be used for lawful purposes.
The laws of the State of Florida, the State of Texas, and the United
States of America apply.
The customer agrees to indemnify and hold harmless
SuperlinkHosting from any claims resulting from the use of our services.
Use of our 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 your account.
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) or related sites, Investment sites (FOREX,
egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading
Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites,
hacker focused sites/archives/programs, or sites promoting illegal
activities
We reserve the right to refuse service to anyone. Any material that, in
our judgment, is obscene or threatening is prohibited and will be removed
from our servers with or without notice.
Failure to respond to email from our abuse department within 48 hours may
result in the suspension or termination of your services.
If in doubt regarding the acceptability of your site or service, please
contact us at abuse@SuperlinkHosting.com and we will be happy to assist you.
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.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
3.) Zero Tolerance Spam Policy
We 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. Any user who sends out spam will
have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted
on our 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 our servers. Any account which results in our IP space
being blacklisted will be immediately suspended and/or terminated.
SuperlinkHosting 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.
SuperlinkHosting reserves the right to charge the holder of 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 SuperlinkHosting.
4.) Payment Information
You agree to supply appropriate payment for the services received from
SuperlinkHosting, in advance of the time period during which such services are
provided. You agree that until and unless you notify SuperlinkHosting of your
desire to cancel any or all services received, those services will be
billed on a recurring basis. Invoices that have been paid more than once with multiple Paypal
Subscriptions can only be added as credit towards the account and cannot
be refunded via Paypal. If you require assistance with this provision,
please contact sales@SuperlinkHosting.com
SuperlinkHosting reserves the right to change the monthly payment
amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. SuperlinkHosting is not responsible
for files and/or data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on SuperlinkHosting servers.
6.) Cancellations and Refunds
SuperlinkHosting reserves the right to cancel the account at any time with or
without notice.
Any abuse of our staff in any medium or format will result in the
suspension or termination of your services.
Customers may cancel at any time via PayPal or our Cancel
Account area. Refunds will be awarded to yearly subscription sign ups
if cancelled within 4 days of sign up. Monthly subscribers will not
receive a refund.
7.) Resource Usage
User may not:
a) 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.
b) Run any type of interactive real-time chat applications that require
server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time
on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat)
network.
e) Run any bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1492, etc
h) Run cron entries with intervals of less than 15 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")
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies
depending on the hosting package you purchase. Should your account pass
the allocated amount we reserve the right to suspend the account until the
start of the next allocation, suspend the account until more bandwidth is
purchased at an additional fee, suspend the account until you upgrade to a
higher level of package, terminate the account and/or charge you an
additional fee for the overages. Unused transfer in one month cannot be
carried over to the next month.
9.) Price Change
The amount you pay for hosting will never increase from the date of
purchase. We reserve the right to change prices listed on SuperlinkHosting.com,
and the right to increase the amount of resources given to plans at any
time.
10.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold SuperlinkHosting
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against SuperlinkHosting, 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 SuperlinkHosting against
liabilities arising out of; (1) any injury to person or property caused by
any products sold or otherwise distributed in connection with SuperlinkHosting;
(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 SuperlinkHosting's server.
11.) Arbitration
By using any SuperlinkHosting services, you agree to binding arbitration. If any
disputes or claims arise against SuperlinkHosting or its subsidiaries, such
disputes will be handled by an arbitrator of SuperlinkHosting's choice. All
decisions rendered by that arbitrator will be binding and final. You also
are responsible for any and all costs related to such arbitration.
12.) Disclaimer
SuperlinkHosting shall not be responsible for any damages your business may
suffer. SuperlinkHosting makes no warranties of any kind, expressed or implied
for services we provide. SuperlinkHosting 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 by SuperlinkHosting and its employees.
13.) Disclosure to law enforcement
SuperlinkHosting may disclose any subscriber information to law enforcement
agencies without further consent or notification to the subscriber upon
lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
14.) Changes to the TOS
SuperlinkHosting reserves the right to revise its policies at any time without
notice.
