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This Servstra Terms of Service (this "Agreement") and
the Servstra Acceptable Use Policy ("AUP") govern your
purchase and use of all Servstra services (collectively, the "Services"),
as described in the Order Form(s) submitted by you and accepted
by Servstra (“Service Order”). Acceptance of any terms
or conditions different from those contained herein by Servstra
will not be deemed by provision of service, but only by electronic
or written signature of an officer of Servstra. You must register
and accept the terms of this Agreement and the AUP in order to
use the Services. BY CLICKING ON THE "I ACCEPT" BUTTON
BELOW, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT AND THE AUP, AND AGREE TO BE
BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS
ALL POLICIES AND GUIDELINES OF THE AUP, WHICH ARE INCORPORATED
HEREIN BY REFERENCE. Servstra may modify any of the terms and
conditions contained in this Agreement and the AUP, at any time,
in its sole discretion. Any modifications are effective upon posting
of the revisions on the Servstra web site (the "Site").
Your continued use of the Services following Servstra posting
of any modifications constitutes your acceptance of the modifications.
If you do not agree to the terms of any modification, do not continue
to use the services and immediately notify Servstra of your termination
of this Agreement in the manner described in the section below.
Servstra agrees to furnish services to the Subscriber, subject
to the following TOS (Terms of Service).
The Use of Servstra service constitutes acceptance and agreement
to Servstra AUP and other Servstra policies (see http://www.servstra.com/about/policies.html)
as well as Servstra TOS (Terms of Service).
Term and Payment for Services
Term: This Agreement will be for an initial “Term“ of
1 month from the date the Services are first provided by Servstra.
This Agreement will be automatically renewed (the "Renewal
Term") at the end of the Initial Term or any Renewal Term
for a period of thirty (30) days unless you provide Servstra with
written notice of termination at least seven days (7) before the
end of the Initial Term or Renewal Term (also referred to interchangeably
and collectively as “Term”), whichever is then applicable.
To provide your notice of termination, you must submit a ticket
to the Billing department via MissionControl (http://www.serverstra.com/cms/)
and fill out the corresponding cancellation form to initiate the
cancellation of your service. Pricing and duration of Terms may
be modified only if in writing (such as a Service Order) signed
by Servstra.
Termination
This Agreement may be terminated: (i) by you or Servstra during
any Renewal Term, without cause, by giving the other party no
less than 7 days prior written notice, or a greater number of
days prior notice if specified in a Service Order accepted by
Servstra; (ii) by Servstra in the event of nonpayment by you as
provided in the section below or (iii) by Servstra, at any time,
without notice, if, in Servstra sole judgment, you are in violation
of any terms or conditions of the AUP. If you terminate this Agreement,
or if Servstra terminates this Agreement for your breach, before
the end of the Initial Term or the Renewal Term, whichever is
then applicable, you will be required to pay immediately all fees
and costs accrued before the termination date, all monthly recurring
fees for each month remaining in the Term and any other amounts
you owe to Servstra under this Agreement.
Cancellation
A server cancellation will only be accepted if a cancellation
request is submitted by completing a ticket under the "Server
Cancellation" queue in the helpdesk that is located within
your MissionControl. All server cancellations must be received
in the above manner at least seven (7) days in advance of the
date of renewal. Accounts cancelled with less than seven (7) days
notice shall be cancelled at the end of the next term and shall
be charged accordingly.
Charges
You will pay all charges for your use of the Services at the then
current Servstra prices for that category of service or any special
offer applicable to your account as determined by Servstra. You
are responsible for paying all federal, state, and local sales,
use, value added, excise duty and any other taxes assessed with
respect to the Services, other than taxes based on Servstra net
income. You are responsible for all costs of collection of all
amounts owed under this Agreement, including reasonable attorney’s
fees of Servstra.
Payment and Fees
You will pay all charges for the first month of service in advance
on the first day of the Initial Term. You will pay all subsequent
charges for Services in advance on the anniversary day of each
month. You must pay for the Services by credit card or Paypal.
You authorize Servstra to charge your credit or debit card to
pay for any charges that may apply to your account. You must notify
Servstra of any changes to your card account (including, applicable
account number or cancellation or expiration of the account),
your billing address, or any information that may prohibit Servstra
from charging your account. Your failure to fully pay any fees
and taxes within 72 hours from the applicable due date is a material
breach of this Agreement, justifying Servstra to suspend its performance
and terminate this Agreement. If Servstra terminates for your
material breach, you will be required to pay immediately all fees
and costs accrued before the termination date, all monthly recurring
fees for each month remaining in the term and any other amounts
you owe to Servstra under this Agreement. You are responsible
for any costs that Servstra incurs in enforcing collection, including
reasonable attorneys' fees, court costs and collection agency
fees.
Credit cards payments or Paypal payments that are not made by
the renewal date are subject to a processing fee. Service will
be interrupted on accounts that reach 5 days past due. Service
interrupted for non-payment is subject to a $25 reconnect charge.
Accounts that are not collectable by Servstra may be turned over
to an outside collection agency for collection. If you account
is turned over for collection, you agree to pay the company a
“Collection“ fee of not less than $50 nor more than
$150. If you desire to cancel the account, please follow the correct
procedure to do this at https://www.servstra.com/cms/
Refund and Disputes
*All payments to Servstra are nonrefundable*. This includes any
applicable setup fees and subsequent charges regardless of usage.
All overcharges or billing disputes must be reported within 60
days of the time that the dispute occurred. If you dispute a charge
to your credit card issuer that, in Servstra sole discretion is
a valid charge under the provisions of this Agreement and/or AUP,
you agree to pay Servstra an "Investigation Fee" of
$100.00.
Failure to Pay
The Company may temporarily deny service or terminate this Agreement
upon the failure of Subscriber to pay charges when due. Such termination
or denial will not relieve the Subscriber of responsibility for
the payment of all accrued charges, plus reasonable interest and
any collection fees.
OS Reloads
A fee of $25.00 will apply for all OS reload requests. this fee
will be waived if the OS reload is required as a result of failed
hardware which needs to be replaced.
Use of Services
Acceptable Use Policies: The AUP governs the general policies
and procedures for use of the Services. The AUP is posted on the
site at (or such other location as Servstra may specify) and may
be updated from time to time. BY USING THE SERVICES, YOU AGREE
TO BE BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS TO THE
TERMS. Servstra MAY TERMINATE YOUR ACCOUNT WITHOUT NOTICE FOR
ANY VIOLATION OF THE AUP OR THIS AGREEMENT.
Security: You are solely responsible for any security breaches
affecting servers or accounts under your control. If your server
is responsible for or involved in an attack on or unauthorized
access into another server or system, Servstra will shut it down
immediately. You will pay any charges resulting from the cost
to correct security breaches affecting Servstra or any of its
other customers.
System and Network Security
Users are prohibited from violating or attempting to violate the
security of the Servstra Network. Violations of system or network
security may result in civil or criminal liability. Servstra will
investigate occurrences which may involve, and cooperate with
law enforcement authorities in prosecuting Users who are involved
in such violations. These violations include, without limitation:
- Accessing data not intended for such user or logging into
a server or account, which such user is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures
without proper authorization.
- Attempting to interfere with service to any user, host or
network, including without limitation, via means of overloading,
flooding, mail bombing or crashing.
- Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services which such user
is not entitled.
Notification of Violations or Infractions
Servstra is under no duty to look at each client’s or user’s
activities to determine if a violation of the AUP has occurred,
nor do we assume any responsibility through our AUP to monitor
or police Internet related activities.
Violations of the AUP will result in the following:
- A warning notification sent via email, Servstra trouble ticket
with at least 12 hours notice for resolution.
- 24 hours is the standard notification; situations involving
law enforcement, phishing scams, fraud, password harvesting,
network interference, Denial or Disruption of service, IRC related
misuse, or other malicious activity can reduce the notification
time frame.
First Violation: Any user, which Servstra determines to have
violated any element of our AUP (Acceptable use Policy), shall
receive an e-mail, warning them of the violation. The service
may be subject at Servstra discretion to a temporary suspension
pending a client’s agreement in writing to refrain from any
further violations.
Second Violation: Any client that Servstra determines to have
committed a second violation of any element or portion of the
AUP shall be subject to immediate suspension or termination of
service without further notice.
We reserve the right to drop the section of IP space involved
in any SPAM or Denial-of-Service (Dos) complaints if it is clear
that the offending activity is causing great harm to parties on
the Internet. In particular, if open relays are on your network
or a customer’s network, or if denial-of-service attacks
are originating from your network. In certain rare cases, we may
have to take this action prior to attempting to contact you.
Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees that the Company may
disclose any and all Subscriber information, including assigned
IP addresses, account history, account use, etc. to any law enforcement
agency who makes a written request without further consent or
notification to the Subscriber. In addition Servstra shall have
the right to terminate all service set forth in this Agreement.
Support Services and Boundaries
Servstra provides 24/7/365 technical support to our Subscribers.
We limit our technical support to our area of expertise. The following
are our guidelines when providing support:
Servstra provides support related to your server. Servstra does
not provide support for application specific issues, such as any
programming, HTML, third party applications or any other such
issue. If subscriber purchases a server without a control panel
(Plesk Reloaded, Cpanel or DirectAdmin), the subscriber is responsible
for installing & maintaining any software on the server. This
software includes but is not limited to, Apache, PHP, MySQL, email
server, FTP server.
Servstra does not provide technical support for YOUR clients.
Reseller Policy
Resellers are responsible for the conduct of their Customers and
by agreeing with this AUP, Resellers agree that their Customers
will adhere to the AUP. Resellers should make their perspective
Customers aware of the AUP and the consequences of violation.
Bandwidth
You are allocated a certain amount of bandwidth per month. Bandwidth
includes all data transferred both IN and OUT of the server and
is calculated from the 1st of the month to the last day of the
month. This bandwidth can be used as any combination of IN &
OUT. Should the server go over it's allocated amount of bandwidth
in any given month, a fee of $0.75 per GB over is applicable.
Bandwidth usage can be monitored at http://www.servstra.com/bandwidth/client/.
If a server is compromised, you will be charged for all bandwidth
used that is over your monthly allotment unless you have taken
out the Safety Net insurance.
Intellectual Property Rights
Your Warranties and Representations to Servstra: You warrant,
represent, and covenant to Servstra that: (a) you are at least
18 years of age if an individual; (b) you possess the legal right
and ability to enter into this Agreement; (c) you will use the
Services only for lawful purposes and in accordance with this
Agreement and all applicable policies and guidelines, including
the AUP; and (d) your content does not and will not infringe or
violate any right of any third party (including any intellectual
property rights) or violate any applicable law, regulation or
ordinance.
IP Addresses
Servstra will maintain and control ownership of all Internet
Protocol ("IP") numbers and addresses that Servstra
may assign to you. Servstra may, in its sole discretion, change
or remove any and all IP numbers and addresses.
Third Party Products
Servstra may provide you access to other third party software
and/or services ("Third Party Products") through reseller
relationships that Servstra has established with certain commercial
vendors, including without limitation, Microsoft Corporation ("Third
Party Vendors"). Unless otherwise notified, Customer understands
that product support for Third Party Products is provided by Servstra
and not by the Third Party Vendor. Neither Servstra nor any Third
Party Vendor makes any representations or warranties, expressed
or implied, regarding any Third Party Products. CUSTOMER EXPRESSLY
ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT
CUSTOMER'S SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE PROVIDED
"AS IS" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY
KIND FROM Servstra OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS
OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT
OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, NEITHER Servstra NOR ANY THIRD PARTY VENDOR WILL BE LEGALLY
RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL,
ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT.
CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE
END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT
CUSTOMER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND Servstra
WITH RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS
OR VIOLATION OF LICENSE AGREEMENTS WITH THEM AND/OR APPLICABLE
END USER SUBSCRIBER AGREEMENTS.
You shall not (i) remove, modify or obscure any copyright, trademark
or other proprietary rights notices that appear on any Third Party
Product or that appear during use of any Third Party Product;
or (ii) reverse engineer, decompile, or disassemble any Third
Party Product, except and only to the extent that such activity
is expressly permitted by applicable law notwithstanding this
limitation.
Enforcement Actions
Servstra reserves the right to suspend or terminate the Service
immediately or take any other corrective action it deems appropriate
in its sole discretion if in the sole judgment of Servstra your
server is the source or target of any violation of the AUP or
for any other reason which Servstra chooses. If inappropriate
activity is detected, all of your accounts in question will be
deactivated until an investigation is complete. Prior notification
to you is not assured. In some cases, law enforcement will be
contacted regarding the activity. These rights of action, however,
do not obligate Servstra to monitor or exert editorial control
over the information made available for distribution via the Services.
If Servstra takes corrective action because of a possible violation,
Servstra will not refund you any fees that you paid in advance
of the corrective action.
Disclosure Rights
The AUP specifically prohibits the use of our service for illegal
activities. Therefore, you agree that Servstra may disclose any
and all of your information including assigned IP numbers, account
history, account use, etc. to any law enforcement agent who makes
a written request without further consent or notification to you.
In addition, Servstra shall have the right to terminate all service
set forth in this Agreement.
Disclaimed Warranties
Servstra exercises no control over, and accepts no responsibility
for, the content of the information passing through Servstra host
computers, network hubs and points of presence, or the Internet.
USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM
IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT
ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE
OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE
OR COMMUNICATION SYSTEMS. Servstra DOES NOT MAKE AND DISCLAIMS,
AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES,
ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING,
COURSE OF PERFORMANCE OR USAGE IN TRADE. Servstra DOES NOT WARRANT
THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY
SECURE.
Limitation and Exclusion of Liability
Limitations
IN NO EVENT WILL Servstra OR ITS SUPPLIERS HAVE ANY LIABILITY
FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION
OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION
VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES.
NEITHER Servstra NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT
TO Servstra'S OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR
CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES
EVEN IF Servstra HAS BEEN ADVISED OF THE POSSIBILITY OF THESE
DAMAGES. THE LIABILITY OF Servstra AND ITS SUPPLIERS TO YOU FOR
ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT
YOU ACTUALLY PAID TO Servstra UNDER THIS AGREEMENT DURING THE
THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM
ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE
AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE,
STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES
FOR THE SERVICES SET BY Servstra UNDER THIS AGREEMENT HAVE BEEN
AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY,
YOU RELEASE Servstra AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS,
LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN
THIS SECTION.
Interruption of Service
Servstra and its suppliers are not liable for any temporary delay,
outages or interruptions of the Services. Further, Servstra is
not liable for any delay or failure to perform its obligations
under this Agreement, where the delay or failure results from
any “act of God” or other cause beyond its reasonable
control (including any mechanical, electronic, communications
or third-party supplier failure).
Indemnification
In agreeing to the Servstra AUP and this Agreement, you agree
to indemnify, defend and hold harmless Servstra, its employees,
officers, directors, partners, representatives and affiliates,
for any violation by you or your customers of the AUP or this
Agreement that results either in (a) any cost, expense, damage
or loss to Servstra, or (b) the bringing of any claim against
Servstra by any third-party, and all costs, expenses, damages,
and losses associated therewith. For example, if Servstra is sued
because of your or your customer's activity related to the Services,
you will pay any damages awarded against Servstra, its employees,
directors, partners, representatives and affiliates, in addition
to all costs and attorney's fees.
MISCELLANEOUS PROVISIONS
Servstra and you agree that, except as otherwise expressly provided
in this Agreement, the Order Form(s) or the terms and conditions
of use of any third party software products, there shall be no
third party beneficiaries to this Agreement, including but not
limited to the insurance providers for either party or your customers.
THIS AGREEMENT IS MADE UNDER AND WILL BE GOVERNED BY AND CONSTRUED
IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (EXCEPT THAT
BODY OF LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY EXCLUDING
FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE UNITED
NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE
VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT
SHALL BE THE STATE AND FEDERAL COURTS IN TEXAS, AND EACH PARTY
IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES
ALL OBJECTIONS THERETO. In the event any provision of this Agreement
is held by a tribunal of competent jurisdiction to be contrary
to the law, the remaining provisions of this Agreement will remain
in full force and effect. The waiver of any breach or default
of this Agreement will not constitute a waiver of any subsequent
breach or default, and will not act to amend or negate the rights
of the waiving party. You may not sell, assign or transfer its
rights or delegate its duties under this Agreement either in whole
or in part without the prior written consent of Servstra, and
any attempted assignment or delegation without such consent will
be void. Servstra may assign this Agreement in whole or part.
Servstra also may delegate the performance of certain Services
to third parties. All notices, demands, requests or other communications
required or permitted under this Agreement shall be deemed given
when delivered personally, sent by facsimile upon confirmation,
sent and received by return receipt email, or upon receipt of
delivery of overnight mail. You and Servstra are independent contractors
and this Agreement will not establish any relationship of partnership,
joint venture, employment, franchise or agency between you and
Servstra. This Agreement, including all documents incorporated
herein by reference, constitutes the complete and exclusive agreement
between the parties with respect to the subject matter hereof,
and supersedes and replaces any and all prior or contemporaneous
discussions, negotiations, understandings and agreements, written
and oral, regarding such subject matter.
Survival
All provisions of this Agreement relating to your warranties,
intellectual property rights, limitation and exclusion of liability,
your indemnification obligations and payment obligations will
survive the termination or expiration of the Agreement.
This Terms of Service Agreement can change at anytime and it
is your responsibility to ensure that you regularly check for
updated version of this Terms of Service Agreement.
Signing up for any of our services means you agree to comply
with this Terms of Services Agreement.
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