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TOS

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Terms of Service

General Provisions
Use of any Server Intellect Service constitutes acceptance and agreement to Server Intellect’s Acceptable Use Policy as well as Server Intellect TOS (Terms of Service). Server Intellect (Server Intellect.com) provides Service on an “AS IS” basis, and without warranty of any kind, whether express or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose.

User acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Server Intellect and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that Server Intellect shall not be liable for any damages arising from such causes.

Server Intellect is not responsible for any damages your business may suffer. Server Intellect does not make implied or written warranties for any of our services. Server Intellect denies any warranty of merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Server Intellect.

Server Intellect has the right to change prices, or add or delete product features of any existing product or service. All orders are subject to acceptance by Server Intellect. Server Intellect has the right to discontinue products or services at any time. Server Intellect reserves the right to amend its policies at any time. Part of this policy was written under the framework of our parent provider’s required TOS.

Term
Customer agrees to a month to month contract term for services unless otherwise agreed to in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer.

Monthly Service Fees
Fees for service(s) ordered by the Customer shall begin on the date the initial order is accepted by Server Intellect and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.

Upgrade Fees
Upgrades ordered on the billing anniversary date will be billed for a full month service and will continue each month on the anniversary date. Upgrades ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.

Additional Service Fees
Additional services ordered on the billing anniversary date will be billed for the full month service and will continue each month on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.

One Time Fees
One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.

Service Credits
Service credits will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.

Cancellation
If for any reason you would like to cancel your service, please login to the Unity Control Panel at https://unity.serverintellect.com/ and click on the Cancel Request link on the left hand side of the screen. Account cancellations are effective at the end of your current billing period. You must put in your cancel request 7 days before your next billing date. Failure to supply the advanced notice of cancellation will result in a full billable monthly cycle prior to cancellation. All customer data remaining after the cancellation date will be destroyed for security and privacy reasons.

100% Money Back Guarantee
In the event that you are not completely satisfied with our services, Server Intellect offers you a 100% 30-day Money Back Guarantee for our Public Cloud Hosting Solutions only. If for any reason you decide to discontinue your web hosting services during the first 30 days of service, you will receive a full refund upon written request. Private Cloud Server accounts and dedicated servers do not qualify for the money back guarantee.

Refunds & Disputes
All services rendered by Server Intellect are non-refundable unless processed through our 30 day money back guarantee for cloud hosted services accounts. Cloud server accounts and dedicated servers do not qualify for the money back guarantee only. Customers seeking to resolve billing errors are instructed to open a billing ticket at https://unity.serverintellect.com/. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency.

Non-Payment
All payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for five (5) consecutive days, following the anniversary date, shall result in a termination of public access to Customer services. Failure to remit payment for services within seven (7) consecutive days, following the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed. A late fee of $25 will be incurred for failure to remit payment for services on or before the monthly anniversary date. A $25 reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. All Customer data remaining after seven (7) days of non-payment will be destroyed for security and privacy reasons.

SPAM and Unsolicited Commercial Email (UCE)
Server Intellect takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over the network. Very simply this means that customers of Server Intellect may not use or permit others to use the network to transact in UCE. Customers of Server Intellect may not host, or permit hosting of, sites or information that is advertised by UCE from other networks.

Violation of Server Intellect’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Server Intellect will initiate an immediate investigation (within 48 hours of notification). During the investigation, Server Intellect may restrict Customer access to the network to prevent further violations. If a Customer is found to be in violation of our SPAM policy, Server Intellect may, at its sole discretion, restrict, suspend or terminate Customer’s account. Further, Server Intellect reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Server Intellect will notify law enforcement officials if the violation is believed to be a criminal offense. If Customer is found to be in violation of our SPAM policy, Customer shall not be entitled to a refund of any fees paid in advance prior to such violation.

Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month ordered by Customer (the “Agreed Usage”). Server Intellect will monitor Customer’s bandwidth and disk usage and will notify Customer if its usage will likely exceed the Agreed Usage. Server Intellect shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Server Intellect’s sole and absolute discretion. Server Intellect may, at its sole discretion, restrict, suspend or terminate customer’s account. Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth overage is billed at $1.00 per GB.

System and Network Security
Users are prohibited from violating or attempting to violate the security of the Server Intellect Network. Violations of system or network security may result in civil or criminal liability. Server Intellect will investigate occurrences, which may involve such violations and 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 to which such User is not entitled. If Customer is found to be in violation of our System and Network Security policy, Server Intellect may, at its sole discretion, restrict, suspend or terminate Customer’s account. Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

Suspension of Service
Server Intellect reserves the right to terminate or suspend network member access to any Customer if in the judgment of the Server Intellect network administrators that the Customer’s website is the source or target of a network attack or is found to be in violation of any of the other terms of the AUP or TOS or for any other reason which Server Intellect chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Customer will not be credited for the time the Customer’s account was suspended. If Customer is found to be in violation of any Server Intellect policy, Server Intellect may, at its sole discretion, restrict, suspend or terminate Customer’s account. Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Abusive behavior of any sort will not be tolerated and will be grounds for termination. Server Intellect has the right to deny an order or service renewal for any reason Server Intellect chooses.

Data
Server Intellect agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.

Data Restore
All customer Web Files and Microsoft SQL Server Database Files are backed up on a nightly basis and are stored for 7 full days. We can restore any Web File or Database File upon request for a $25.00 restoration fee.

Chargebacks and Fraudulent Transactions
All chargebacks are thoroughly investigated and may add you to a blacklist with our processor which will complicate future online purchases. Denying a purchase that you have made is illegal and will result in an investigation which can lead to heavy fines or other legal action toward you. Your credit rating can be affected by false claims of fraud. If you have any questions or concerns, please contact us to clarify the matter.

Identity Use
Customer agrees to use Server Intellect logo, Server Intellect information, and related services in accordance to the approved marketing guidelines. Server Intellect agrees not to use Customer name, logos, or information without prior written consent of Customer.

Laws
Customer agrees to abide by all local, state, and federal laws pursuant to services delivered in Orlando, Florida, United States of America. Proper venue for legal remedies shall be Orange County, Orlando, Florida. All contract terms found herein shall be governed by Florida State Law or the Uniform Commercial Code whichever may be applicable.

Mutual Indemnification
Each party agrees to indemnify and hold harmless the other party, the other party’s affiliates, and each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys’ fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party’s actual or alleged infringement or misappropriation of a third party’s copyright, trade secret, patent, trademark, or other proprietary right.

Limitation of Liability
Except as described in the SLA, Server Intellect shall not be liable to Customer for harm caused by or related to Customer’s services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this Agreement, the maximum aggregate liability of Server Intellect and any of its employees, agents or affiliates, under any theory of law shall not exceed a payment of money not to exceed the amount paid by the customer for hosting services for the (6) months prior to the occurrence of the event(s) giving rise to the claim.

Arbitration
Any controversy or claim arising from service or related to this contract or breach therein in excess of $500.00 shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The resulting judgment rendered by a licensed arbitrator shall be final and binding on the parties and may be entered in any court having valid jurisdiction.

Acceptance of the Master Service Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.

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