For the purposes of this agreement, SuperWebHost's terms will be the same as our parent company's - Digitally Justified Technologies - and Digitally Justified Technologies shall be known throughout as DJT. DJT agrees to provide the client web hosting for a monthly fee (or otherwise agreed upon by both parties). DJT will never require clients to advertise for DJT on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Client is allowed to use site for business/commercial or personal websites.
CONTENT:
All services provided by DJT may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States, Canada (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless DJT from any claims resulting from the use of the service which damages the subscriber or any other party.
Note:
Pornography (both legal and illegal) and sex-related merchandising are NOT permitted. DJT will be the sole arbiter as to what constitutes a violation of this provision.
Examples of non-acceptable content or links:
• Pirated software
• Hackers programs or archives
• Warez Sites
• Spamming Software
• Pornography Sites
BACKGROUND-RUNNING PROGRAMS:
As a general rule we do not allow background-running programs. 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.
INTELLECTUAL PROPERTY RIGHTS:
Material accessible to you through DJT's Services may be subject to protection under United States, Canada (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the DJT service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the DJT Network. If you use a domain name in connection with the DJT service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
NETWORK SECURITY:
Customers may not use the DJT Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. DJT will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
99.7% UPTIME GUARANTEE
We guarantee that our network and services will be up and functioning 99.7% of the time, during each month. Services that are available for less than 99.7% of the time within a given month, will entitle the account holder a credit for the following month's service as per the table below:
If services are available:
95% to 99.7% - credit issued will be 25% of your monthly hosting fee.
90% to 94.9% - credit issued will be 50% of your monthly hosting fee.
89.9% or less - credit issued will be 100% of your monthly hosting fee.
Services include HTTP (your website), FTP, SSH, mySQL, SMTP & POP3 (email services). Uptime will be determined by our monitoring and not any one client's experience. We do not have control over the Internet or your ISP; therefore, we cannot guarantee that you will be able to access your site due to circumstances beyond our control. Any downtime that occurs during a scheduled maintenance window will not be counted towards our Uptime Guarantee. When possible, maintenance will be performed between the hours of 12:00am and 4:00am PST. In rare circumstances, maintenance will be performed as needed (outside the usual times). For all maintenance, announcements will be posted to our announcements section of the support desk and emailed 48 hours in advance to all clients. Downtime credits must be requested, in writing to support@superwebhost.com, within the first week of the month following the downtime. Emails must include your name, domain name, and the dates and times of the unavailability.
REFUSAL OF SERVICE:
DJT reserves the right at its sole discretion to refuse or cancel service. Violation of any of DJT's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer. Furthermore, DJT reserves the right to suspend/halt any and all services due to non-payment of one or more invoices. For the purposes of this clause only, an invoice is considered to be unpaid if payment has not been received within 30 days of invoice creation.
SPAM OR UNSOLICITED E-MAIL:
You must not use the DJT Network, DJT equipment or any DJT email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the DJT Network, DJT equipment or any DJT email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, DJT reserves the right to disable your domain without warning. In addition, DJT may impose a $150 penalty for each spam policy violation. DJT solely reserves the right to refuse or cancel service to known spammers. Lastly, DJT reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
ABUSE:
Any attempts to undermine, slander, libel, threaten, or cause harm to a DJT server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
INDEMNIFICATION:
Customer agrees that it shall defend, indemnify, save and hold DJT (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against DJT, 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 DJT against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with DJT server;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and
(3) copyright infringement. Customer agrees to limit the liability of DJT to the amount paid for service.
AUTOMATIC RENEWAL POLICY:
Any service registered with DJT will automatically renew on the expiry date (except domain names, which are renewed 30 days prior to expiration), at the price of the last renewal, of said service until notice is provided sufficient to the Cancellations & Refunds Policy. This includes, but not limited to, hosting accounts, domain names, software licenses, SSL certificates, etc. Clients agree that failure to provide such notice, will result in client being responsible for all fees incurred. Domains registered with DJT will not be renewed for clients with any outstanding balance.
OVERDUE ACCOUNTS:
Any account that has a balance outstanding can be suspended at the sole discretion of DJT. Should an account be suspended, any outstanding balance must be paid in full before the account is reactivated and will be subject to a $15.00 re-activation fee.
CANCELLATIONS & REFUNDS POLICY:
You may cancel your account 7 days before your monthly billing date, and you will not be billed for the next month. Cancellations within 7 days of the next billing date will result in a fee no less than 1 month of service. If you are paying annually for web site hosting services, we will issue a pro-rated refund for months not used minus a 15% service fee. Accounts terminated by DJT for breach of the Terms of Service will not be entitled to a refund. To cancel a service, please submit a ticket through the helpdesk.
14 Day Money Back Guarantee - Each new signup (excluding co-location, merchant accounts, domain registration fees and software licenses) is entitled to a 14 day (no hassle) money back guarantee. Any hosting account that wishes to cancel (for any reason) will be entitled to a full refund of the first month. Any domains registered by DJT, that remain unpaid for due to refunds, will become the sole property of DJT upon such a cancellation. If account is terminated by DJT within the first 14 days of service due to breach of Terms of Service, no refund will be issued.
DOMAIN OWNERSHIP:
Existing domains that are transferred to DJT, for any reason, remain the sole property of the client, provided that the transfer fee has been paid in full. DJT will only transfer domains at the request of the client. Domain modifications (DNS, address changes, etc; renewals excluded), requested by the client will be completed by a DJT staff member at no charge.
DISCLAIMER:
DJT will not be responsible for any damages (physical, mental or financial) your business may suffer. DJT makes no warranties of any kind, expressed or implied for services we provide. DJT 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 DJT and its employees. DJT is not responsible for downtime due to matters “beyond our control”; this includes, but is not limited to: earthquake, fire, hacking, or computer viruses.
DJT keeps backups of key server systems only. DJT can accept no responsibility for any loss of data or consequences arising from this. DJT always advises clients to back up their site data regularly for its own protection.
DJT furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of DJT. A customer's failure to comply with those laws will violate this policy.
If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with DJT then DJT will not be responsible for maintaining hosting for the resellers customers.
Finally, DJT wishes to emphasize that in accepting services, customers indemnify DJT for the violation of any law or DJT policy, which results in loss to DJT or the bringing of any claim against DJT. This means that if DJT is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against DJT, plus costs and reasonable legal fees. Failure to comply with any of the above Terms & Conditions will result in grounds for immediate account deactivation. DJT reserves the right to change, edit, or update the policies contained in this document at any time.
