Terms of Service
Sprintserve.net Webhosting Terms of Service
1. Sprintserve's Liability
Sprintserve makes no warranties of any kind, expressed or implied, for the service it is providing. Sprintserve also disclaims any warranty of merchantability or fitness for a particular purpose. Sprintserve will not be responsible for any damages you may suffer. This includes loss of data resulting from delays, nondeliveries, misdeliveries or service interruptions caused by the negligence of you or of Sprintserv, errors or omissions, or due to inadvertent release or disclosure of information sent by you.
2. Content and Acceptable Use
Sprintserve exercises no control over, and cannot be held liable for, the content of the information passed through its network. Sprintserve's services may only be used for lawful purposes. Unauthorized transmission or storage of any information, data or materials in violation of any law or regulation of the United States, any state thereof or you's business location is expressly prohibited. This includes, but is not limited to, material which is copyrighted or protected by trade secret. The Customer agrees to indemnify and hold harmless Sprintserve from any claims (including Sprintserve's legal fees) resulting from your use of service which damages you, or any other party or parties. The Customer also agrees to follow the Acceptable Use Policies (AUP) of Sprintserve, as now in existence and as they may be amended from time to time, displayed prominently in electronic form at http://www.sprintserve.net/legal.php, and incorporated herein by reference as if reprinted in full. The customer agrees, when accessing another network through Sprintserve's network, to abide by the rules of that network as well.
3. Payment and Contingencies
Payment is due by the date indicated on the invoice. ANY CHANGES OR ALTERATIONS OF THIS SCHEDULE MUST BE SET FORTH IN WRITING AND SIGNED BY THE CLIENT AND BY AN AUTHORIZED REPRESENTATIVE OF SPRINTSERVE.Accounts are in default if not received by the due date indicated on the invoice. If you fails to make payment by the date indicated on the invoice, or if payment is returned to Sprintserve unpaid, Customer is immediately in default and subject to a returned payment charge of $50 dollars from Sprintserve. Accounts unpaid after the due date indicated on the invoice may have their service interrupted. Such interruptions do not relieve you from the obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of 1.5 percent per month, or you's state's or country's legal maximum allowable rate, whichever is less. If you defaults, you agrees to pay Sprintserve its reasonable expenses incurred in enforcing its rights under these terms and conditions, including legal and collection agency fees. An act of default accelerates payments to be due immediately, as credit is no longer being extended.
4. Other Agreements and Assignment Rights
These terms and conditions supersede all previous representations, understandings or agreements, and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Sprintserve also reserves the right to use subcontractors of its choice or to assign the active account to another entity.
5. Determination of Outage Credits
An "outage" is defined as a disruption of normal network data throughput capacities, outside of reasonable and expected variances. An outage, for the purposes of "outage credits," may not include:
a. Normal periodic but scheduled maintenance time performed by Sprintserve for the purposes of upgrading or maintaining its network.
b. Internet or network problems external to the Sprintserve network and beyond its direct control.
c. Issues related to specific Internet Service Providers, Network Access Points (NAPs) or Internet Routes. These will be dealt with through the normal Sprintserve Network Operations troubleshooting process and handled on an individual basis.
The Customer will pay 100 percent of the full monthly connection fee regardless of any "outage" time, unless the outage time meets the following criteria. If there is more than thirty (30) consecutive minutes of outage, or a total of sixty (60) minutes of outage time on any given day, you will receive a credit on you's bill equal to that day's fee, defined as the monthly fee divided by the number of days in the month in which the outage occurred.
6. Service Maintenance
a. Except as otherwise agreed, Sprintserve shall exercise reasonable efforts to achieve restoration of service, in the case of an outage as above defined, as quickly as is feasible, provided you expressly acknowledges that Sprintserve is not, in the case of any outage of any length, liable for any restitution to the customer beyond the granting of outage credits as delineated above. If Sprintserve investigates an outage at your request and determines the outage to be the responsibility of you, you may be billed for the Sprintserve employee(s)' time at Sprintserve's then-current rate.
b. Sprintserve will provide a Network Operations Center (NOC) responsible for monitoring Sprintserve's network on a 24-hour-per-day, 7-day-per-week basis. The services provided to you by the NOC or any other Sprintserve employee are subject to change at Sprintserve's discretion and without prior notice. Services provided by the NOC or any other Sprintserve employee outside of their standard duties may be billed to you at Sprintserve's then-current rate. No Sprintserve employee will perform services requiring billing beyond the monthly rate stipulated in you's Service Agreement without the request or consent of you or you's authorized representative(s).
c. The Customer explicitly agrees that Sprintserve may, without prior Customer approval, use any subcontractor that Sprintserve chooses for installation, maintenance or other services under obligation to Sprintserve under this agreement. Use of any subcontractor does not relieve Sprintserve of any of its obligations as set forth in this Agreement.
7. No Liability or Right to Cancel for Acts or Omissions Beyond Sprintserve's Control
Sprintserve shall not be liable for, nor shall any customer be entitled to cancel its contract, because of any outage or downtime resulting from any failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood or other catastrophes; acts or omissions of third parties; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over Sprintserve, or of any department, agency commission, bureau, corporation or other instrumentality of any one or more of these federal, state, or local governments, or any civil or military authority; national emergencies; insurrections; riots; wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.
8. Cancellation Procedures for Customers Within Right to Cancel
Customer explicitly agrees that while Customer has an active contract with Sprintserve, Customer may not terminate its contract. Customer may cancel account once Customer's contract has lapsed by providing Sprintserve thirty (30) days' written notice of service termination. Customer may provide this notice up to thirty (30) days prior to contract termination if Customer wishes to discontinue service when Customer's contract lapses. Without notice, Sprintserve will consider Customer to be on a month-to-month contract extension.
9. 14 Days Money-Back Guarantee
Customer may, within 14 days of the date of activation, cancel their account and have all monies refunded. However, if the client uses more than 50% of the resources they sign up for within the stipulated period, they may not be eligible for the Money-Back Guarantee. Sprintserve will be the sole arbitrator of this guarantee. The money back guarantee applies only to shared hosting plans.
All fees submitted for domain name registration and renewal are strictly non-refundable as per ICANN's policy.
Questions about these Terms and Conditions or other account matters
should be directed to email@example.com via electronic mail,
or to the Client's Authorized Sprintserve Account Manager.