Seonyx.com ("The Company") agrees to provide online services to you ("The Subscriber"), subject to the following TOS (Terms of Service).
Use of The Company Service constitutes acceptance and agreement to The Company's TOS (Terms of Service) as well as The Company's AUP (Acceptable Use Policy).
All provisions of this contract are subject to the TOS (Terms of Service) of The Company its and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. The Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the of the European Union, the country of Spain and the provice of Cádiz applicable to contracts enforceable in that province. Disputes will be resolved in the courts of Jerez De la Frontera in Cádiz province.
The AUP specifically prohibits the use of The Company's services for illegal activities. Therefore, the Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency which makes a written request without further consent or notification to the Subscriber. In addition The Company shall have the right to terminate all service set forth in this Agreement.
IMPORTANT NOTICE: All pto The Company are non-refundable unless otherwise stated
Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a 10 euro reconnection charge (individual hosting accounts). Accounts not paid by due date are subject to a 10 euro late fee. Accounts that are not collectable by The Company may be factored to a third party collection agency. If an account is factored, the Subscriber agrees to pay the company a "Processing and Collection" Fee of not less than 50 euro nor more than 150 euro. If the Subscriber wishes to cancel the account, please follow the proper procedure to do this as outlined in this TOS. If a cancelled account is reinstated and requires a restore from backups, a 25 euro fee will apply. Any credit card chargebacks placed on payments made to The Company will incur a 25 euro penalty.
The Company may temporarily deny service or terminate this Agreement upon the failure of the 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.
Please behave in a reasonable manner towards The Company and its employees. Any unreasonable threats, either personal or against the company will receive a warning for breach of these conditions. Personal abuse towards The Company or its employees or legal threats against the Company are viewed as extremely serious. The Company reserves the right to refuse to do business with any person or company as a result and possibly terminate any accounts in question without notice.
The Company will make every effort to help the Subscriber import it's site. However, transfers are provided as a courtesy service, and the Company can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. The Company will make its best efforts to effect a transfer but in some cases, it may be unable to assist the Subscriber in a transfer of data from an old host. Generally The Company will only provide the free transfer of all site files and databases. Transfer of email accounts, or re-configuration of ASP .NET applications to The Company's servers are done at an extra cost or left to the Subscriber. Free account transfers are provided on a best-effort basis. There are absolutely no guarantees/warranties implied or stated in regards to the integrity of transfers performed by the The Company staff.
The free transfer services are available for 60 days from the Subscriber's first sign up date. Transfers outside of the free period will incur a charge; please contact a member of the sales department with specific details to receive a price quote. Contact information can be found here.
All requests for cancelling accounts must be made in writing on the day of the cancellation through e-mail sent to sales. The email can be found on the contact page. The Subscriber must have the billing username, last 4 digits of billing password and the relevant domain name available in the email.
The Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. The Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
60 Day money back guarantee will only be offered under the Old School ASP and Windows Power User plans and not for Domain Name registrations. Refunds will not be given to accounts that have been canceled or suspended due to abuse of the Company's services based on the terms of service and acceptable use policy. Money back due to lower than 99.9% of up time will be provided on all packages except for domain names. Amount due back is calculated by taking the percentage of downtime over .1% divided by 99.9% multiplied by the amount paid for services that month. No refunds will be given on domain names, ssl certificates, dedicated servers and marketing accounts (mailer accounts).
The Company, provides online technical support to it's subscribers. The Company limits its technical support to its area of expertise. The following is The Company's guidelines when providing support: The Company provides support related to the Subscriber's server or virtual site's physical functioning. The Company does not offer technical support for application specific issues such as ASP programming, html or any other such issue. The Company does not provide technical support for The Subscriber's customers. The Subscriber is encouraged to e-mail support@seonyx.com, or post in the helpdesk discussion forums for assistance (helpdesk.seonyx.com).
The Company has a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over its network. Very simply this means the Subscriber may not use or permit others to use the Company's network to transact in UCE. The Subscriber may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of The Company SPAM policy will result in severe penalties. Upon notification of an alleged violation of the Company's SPAM policy, The Company will initiate an immediate investigation (within 48 hours of notification). During the investigation, The Company may restrict Subscriber access to the network to prevent further violations. If a Subscriber is found to be in violation of the Company's SPAM policy, The Company may, at its sole discretion, restrict, suspend or terminate the Subscriber's account. Further, The Company reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The Company will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of 30 euro and the Subscriber's account will be reviewed for possible immediate termination. A second violation will result in an immediate termination of the Subscriber's account.
If The Company assigns The Subscriber an Internet Protocol address for the Subscriber's use, the right to use that Internet Protocol address shall belong only to The Company, and the Subscriber shall have no right to use that Internet Protocol address except as permitted by The Company in its sole discretion in connection with the Services, during the term of this Agreement. The Company shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Subscriber by The Company, and The Company reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. The Company's allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means is that the Subscriber MUST use name-based hosting where possible. The Companywill periodically review IP address usage, and if the Company find that clients are using IP addresses where name-based hosting could be used, the Company will revoke authorization to use those IP addresses that could be used with name-based hosting.
Per the AUP, abuse of system resources is prohibited. First violations may or may not cause an account suspension depending on the severity of the issue. The Subscriber will receive a clear warning. Second or third violations may result in an immediate termination of the Subscriber's account. The Company staff members will judge based on server performance on what type of activity is considered as abusive.
Background processes are not permitted on the PersonalClass level of services. Please consult the sales department on whether the application can be handled by the product of choice.
TheSubscriber agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by the Subscriber on the Order Form. The Company will monitor the Subscriber's bandwidth and disk usage. The Company shall have the right to take corrective action if the Subscriber'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 The Company sole and absolute discretion. If The Company takes any corrective action under this section, the Subscriber shall not be entitled to a refund of any fees paid in advance prior to such action. Using a shared account as a backup/storage device is not permitted. The Subscriber should not keep backups on the server of websites or installation scripts.
Examples of unacceptable material on all Shared and Reseller servers include:
The subsciber is prohibited from violating or attempting to violate the security of the The Company Network. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Subscribers who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such Subscriber or logging into a server or account, which such Subscriber 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 Subscriber, 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 forum posting.
Taking any action in order to obtain services to which such Subscriber is not entitled.
The Subscriber acknowledges that individual site backups are the responsbility of the Subscriber. The Company keeps overall system snapshots in case of full system recovery and may not be able to provide the Subscriber with on-demand recovery in case of individual file corruption or accidental deletion.
The Company reserves the right to suspend network access to any Subscriber if in the judgment of the The Company network administrators the Subscriber's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which The Company chooses. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. The Company offers a 30 day money back providing the Company failed to provide the Subscriber with the service as outlined for each individual hosting plan. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subsciber will not be credited for the time the Subscriber's machines were suspended.
The Company reserves the right to refuse service to any Subsciber at any time within reasonable means/requests.
The Subscriber must provide the Company with, and keep current, good contact information. E-mail, fax, and telephone contacts are used, in that order of preference. This information can be kept up to date at the billing panel.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. No chat software/scripts are to be used on the Company's servers unless approved by the Company.
The Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. The Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel Subscriber's rights under this contract at anytime without further obligation.
The Company takes no responsibility for any material input by others and not posted to the The Company Network by The Company. The Company is not responsible for the content of any other websites linked to the The Company Network; links are provided as Internet navigation tools only. The Company disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
The Company is not responsible for any damages the Subsciber's business may suffer. The Company does not make implied or written warranties for any of it's services. The Company denies any warranty or 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 The Company.
The Subscriber is solely responsible for the content stored on and served by the Subscriber's server.