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Appropriate Use of
the Services
 Client Content
Disk Space
Bandwidth
Licensed Software
Back-up Files and Processing
Termination
Payment Obligations
Service Fees
Late Payments
Returned Items Fees
Taxes
Domain Names
Client Liability and Indemnification
Term, Termination and Reinstatement
Taxes
Disclaimer of Warranty
Limitation of Liability
Miscellaneous
Appropriate Use of the
Services
SuperWebPeople.com provides
the Services exclusively and
makes no effort to edit,
control, monitor or restrict
the content of data other
than as necessary to provide
such services.
Client agrees that it will not distribute, electronically
transmit or display any materials supplied by Client - or through Client by a
third party - to any SuperWebPeople.com server in connection with Client’s use
of the Services which:
violate any state, federal or foreign
laws or regulations;
nfringe on any intellectual property
rights (e.g. copyright, trademark,
patent or other proprietary rights) of
SuperWebPeople.com or any third
party;
are defamatory, slanderous or trade
libelous;
are threatening or harassing;
are discriminatory based on gender, race,
age or promotes hate violate any
SuperWebPeople.com policy posted on the
SuperWebPeople.com site
including but not limited to those listed in our Terms
of Service (TOS).
contain viruses or other computer
programming defects which result in
damage to SuperWebPeople.com or any third party.
Virtual, Reseller, and Bulk Reseller Accounts: Client may occupy only the
amount of disk space on the SuperWebPeople.com Server that is allotted by
SuperWebPeople.com. Additional fees, specified in the hosting plans, will be charged for
exceeding the disk space. Disk space measurement includes all customer content
and generated content from their web site and includes but is not limited to
MySQL data, Mailing List data and data in /home/user directories for virtual
accounts. SuperWebPeople.com is not responsible for measurements provided by
individual control panel software, which is 3rd party software not controlled by
SuperWebPeople.com, which may or may not include all of the customer data in
their measurements.
Virtual Private Servers and Dedicated Servers: The Disk Drive and/or Disk Space
Quota for these accounts is hard quota based and clients have full access and
rights to the disk space. Available disk space for the Client excludes the space
required for the Operating System, Control Panel and other Services that come
with the server set up which is selected by the client. Client has full control
of all disk space for these accounts and may remove, delete and/or alter the
installed files and configurations. However, removing, altering or deleting the
files and base configurations installed by SuperWebPeople.com and/or in the case
of the Control Panels, is not part of the 3rd party software released packages,
patches, fixes and or upgrades, places all software support for that account/server
into a fee based category. Refer to our Support Policy for details regarding
free versus fee based support.
Virtual Private Server (VPS), Dedicated and Colocation
Accounts are limited only to port speed. Default port setting is 1 Meg.
Additional fees, specified in the account plan will be charged for exceeding the
network bandwidth allowance of your selected plan/server.
Client agrees to use only properly licensed third party
software in connection with Client’s use of the services.
Virtual/Shared Hosting Clients will have the ability to
reinstate files which are automatically archived by SuperWebPeople.com upon
request for a minimal fee; however, SuperWebPeople.com does not guarantee the
existence, accuracy, or regularity of its backup services, and therefore, Client
is responsible for making back-up files in connection with its use of the
services. The accuracy and quality of backup processes provided by 3rd party
software, such as the individual 3rd party control panels, is not guaranteed by
SuperWebPeople.com.
On Dedicated Servers with the on-board backup option, they are paying for the
additional disk drive only. SuperWebPeople.com will provide and install the
backup script for our clients upon request, but the running of cron jobs and
services is the responsibility of the server owner. The backup script can be set
up to generate a daily email with results to assist Client in monitoring. For
mission critical data, SuperWebPeople.com highly recommends higher quality off-server
backup services than what an on-board backup drive can provide. Doing periodic
local backups is also highly recommended and prudent business practice.
SuperWebPeople.com reserves the right to refuse service to
anyone. SuperWebPeople.com, in its sole discretion, may immediately terminate
this Agreement if Client engages in any of the foregoing. To report any
unacceptable behavior by a third party using the services, please contact:
abuse(@)superwebpeople.com.
By the Tenth (10th) of each month, SuperWebPeople.com
shall either (i) debit Client’s credit card (where such information is provided
by Client) or (ii) deliver by e-mail an invoice to Client in accordance with the
applicable Services fees for services rendered for the current month. Where an
invoice is delivered to Client, Client shall remit payment to SuperWebPeople.com
by no later than 7 days after the specified payment due date. SuperWebPeople.com
shall be entitled to immediately terminate this Agreement for Client’s failure
to make timely payments to SuperWebPeople.com. Certain services carry a set-up
fee charged by SuperWebPeople.com to Client that must be paid by Client in order
to have use of the Services. If Client terminates this Agreement in accordance
with Section 4 hereunder, Client shall be responsible for any outstanding fees
owed to SuperWebPeople.com and agrees to pay any and all fees incurred by Client.
Because the Services are provided on a monthly basis, unless a contract is in
place, Client will be responsible for Service fees incurred each month
regardless of when Client provides notice of termination. Thus, for example, if
Client provides notice to terminate on the 15th of a particular month, Client
will still owe fees for the entire month and such fees will not be pro-rated or
refunded. If Client has retained the Services for one (1) year and has pre-paid
SuperWebPeople.com for such Services, only 70% refunds will be issued for any
unused full month month portions less one month of the Services upon Clients
request. Therefore, if Client’s account is canceled at any point during the one
(1) year term, Client will be entitled to a refund for all but one of the full
months remaining after notice given by the 25th of the preceding month.
Any payment not received within twenty (20) days of the
invoice date, will be assessed a late fee of one and one-half percent (1 1/2%)
per month or the highest rate allowed by applicable law, whichever is lower,
with minimum of a USD $5.00 fee. Customer also shall pay to SuperWebPeople.com
all expenses incurred by SuperWebPeople.com in exercising any of its rights
under this Agreement or applicable law with respect to a Payment Default or
other breach by Customer, including, but not limited to, reasonable attorneys’
fees and the fees of any collection agency retained by SuperWebPeople.com. Late
Fees will continue to accrue as long as there is an outstanding balance.
Accounts
with returned checks and/or e-checks will be assessed a USD $25.00 returned item
fee.
Customer will be responsible for and will pay in full, any
taxes and similar fees now in force or enacted in the future imposed on the
transaction and/or the delivery of Services.
If Client chooses to register a domain name(s) through
SuperWebPeople.com, Client acknowledges and agrees that Client will pay a
registration fee(s) to register the domain name(s) with the applicable domain
name registrar. SuperWebPeople.com does not offer refunds for domain name
registrations for any reason, including misspelling of the domain name.
The parties agree that in no event shall
SuperWebPeople.com be liable to any third party for Client’s breach or alleged
breach of any of the terms and conditions set forth in this Agreement. Client
agrees to defend, indemnify and hold harmless SuperWebPeople.com from any and
all expenses, losses, liabilities, damages or third party claims resulting from
Client’s breach or alleged breach of any Client obligations set forth hereunder.
Subject to the terms and conditions hereof, this Agreement
shall be effective on the date you register for the Services, and shall continue
in effect on a month-to-month basis unless otherwise specified by separate
agreement (the "Term") unless terminated earlier pursuant to the provisions of
this Section 4. Either party will have the right to terminate this Agreement
upon notice to the other party. If Client is terminating this Agreement, Client
must follow instructions for cancellation provided on the Server Cancellation
Information page. All cancellation requests must be received by the 25th of the
respective month of cancellation. Any other attempt by Client to cancel this
Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall
survive termination or expiration of this Agreement.
If SuperWebPeople.com suspends a virtual account for non-payment, Client shall
be allowed to re-instate Client’s use of the Services within Five (5) business
days of cancellation upon approval from SuperWebPeople.com and full payment of
balances due. A reinstatement fee of $15.00 will be applied.
If SuperWebPeople.com disconnects a Dedicated Server or Colocation server for
non-payment, the Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement
of Client’s server. Once payment has been received, Client’s account will be
activated within Forty-eight (48) business hours. SuperWebPeople.com will
maintain an archival copy of Client’s data files for (5) days after
SuperWebPeople.com disconnects the server.
If a Client terminates their account, SuperWebPeople.com will disable the server/account
the day the client specifies the account is canceled. SuperWebPeople.com will
not maintain an archival copy of the Clients Web site or files. It is the
responsibility of the Client to remove any data off the server prior to the date
provided in their cancellation notice.
Client will pay and indemnify and hold SuperWebPeople.com
harmless from any and all taxes associated with or arising from Client’s use of
the Services, including any penalties and interest and any costs associated with
the collection or withholding thereof.
SERVICES, SUPERWEBPEOPLE.COM
SITE, INCLUDING WITHOUT
LIMITATION, ALL PRODUCTS AND
SERVICES DISPLAYED OR
OFFERED ON THE
SuperWebPeople.com SITE, AND
ALL TEXT, GRAPHICS, LINKS
AND APPLICATIONS ARE
PROVIDED TO CLIENT ON AN ‘AS
IS’ BASIS AND WITHOUT
WARRANTY OF ANY KIND.
SUPERWEBPEOPLE.COM DISCLAIMS
ALL WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO
EACH OF THE FOREGOING,
WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR
ARISING FROM A COURSE OF
DEALING. WITHOUT LIMITING
THE GENERALITY OF THE
FOREGOING,
SUPERWEBPEOPLE.COM
SPECIFICALLY DISCLAIMS ANY
WARRANTY THAT (1)THE
SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE;
(2) DEFECTS WILL BE
CORRECTED; (3) THERE ARE NO
VIRUSES OR OTHER HARMFUL
COMPONENTS; AND (4) THE
SECURITY METHODS EMPLOYED
WILL BE SUFFICIENT.
IN NO EVENT SHALL SUPERWEBPEOPLE.COM BE LIABLE FOR DAMAGES
RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE SUPERWEBPEOPLE.COM SITE OR ANY
SUPERWEBPEOPLE.COM PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT,
PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN
CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL
SUPERWEBPEOPLE.COM CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE
HUNDRED DOLLARS ($100 US).
Notices. Any notices or communication under this Agreement
shall be in writing and shall be deemed delivered to the party receiving such
communication at the address specified below (1) on the delivery date if
delivered personally to the party, or a representative of the party; (2) one
business day after deposit with a commercial overnight carrier, with written
verification of receipt; (3) five business days after the mailing date, whether
or not received, if sent by postal mail, return receipt requested; (4) on the
delivery date if transmitted by confirmed facsimile.
If to
SuperWebPeople Corp:
SuperWebPeople Corp
7370 NW 4TH ST, #204
Plantation, FL 33317
USA
If to
Client:
Name and address provided
for account setup.
If any of the provisions, or
portions thereof, of this
Agreement are found to be
invalid under any applicable
statute or rule of law, then,
that provision
notwithstanding, this
Agreement shall remain in
full force and effect and
such provision or portion
thereof shall be deemed
omitted. This Agreement (including
the Exhibits, attachments
and/or addenda, if any,)
represents the entire
agreement of the parties
with respect of the subject
matter hereof and supersedes
all prior and/or
contemporaneous agreements
or understandings, written
or oral between the parties
with respect to the subject
matter hereof. This
Agreement and the rights
granted and obligations
undertaken hereunder may not
be transferred, assigned or
delegated in any manner by
Client, but may be so
transferred, assigned or
delegated by
SuperWebPeople.com. Any
waiver or any provision of
this Agreement, or a delay
by any party in the
enforcement of any right
hereunder, shall neither be
construed as a continuing
waiver nor create an
expectation of non-enforcement
of that or any other
provision or right. In any
legal proceeding between the
parties under this Agreement,
the prevailing party shall
be entitled to recover its
costs, expenses and
reasonable attorneys’ fees.
This Agreement is made under
and shall be governed by the
laws of the United States of
America, except with regard
to it’s conflict of law
rules. This Agreement and
SuperWebPeople.com policies
are subject to change by
SuperWebPeople.com without
notice. Continued usage of
the Services after a change
to this Agreement by
SuperWebPeople.com or after
a new policy is implemented
and posted on the
SuperWebPeople.com Site
constitutes your acceptance
of such change or policy. We
encourage you to regularly
check the SuperWebPeople.com
Site for any changes or
additions.
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